Exhibit III Staff Clarification 7-14-14Collier County Planning & Zoning Staff Clarification
Automobile Service Station Separation Requirement Vesting
Background Conditions: There are two potential projects that are in the process of development, whose
parcel boundaries are location within 500 feet of each other. Both are seeking to construct facilities that
meet the Land Development Code (LDC) definition (provided below) of an Automobile Service Station.
Question: Based on the LDC requirement for a 500-foot separation of automobile service stations
(provided below), when is the first establishment vested and thus requiring the second facility to seek an
Automobile Station Waver?
The LDC currently states in 5.05.05, “Separation from adjacent automobile service stations (500ft.)
(based on distance between nearest points)”, but does not establish direction on the vesting of a station as
existing, as pertinent to the subject question. Prior to the re-codification of the current LDC (Ordinance
04-41) the Automobile Service Station Separation requirement read. “Separation requirements: There
shall be a minimum distance of 500 feet, shortest airline measurement, between the nearest points on any
lot or parcel of land to be occupied by automobile service stations, and any lot or parcel which is already
occupied by an automobile service station, or for which a building permit has been issued.”
The plain reading of the prior regulation establishes a parcel of land already occupied by an automobile
service station, or for which a building permit has been issued are the conditions needed to vest a station’s
location. Based upon the fact that the 2004 re-codification of the LDC was strictly for the purpose of
reorganization, not substantive modification, and that any discrepancy between the two, the prior
regulation is controlling, in my analysis. The first owner to have a building permit issued for its
automobile service station is vested, which requires the owner of the second parcel to obtain the
automobile service station distance waiver.
Conclusion: Any lot or parcel which is already occupied by an automobile service station, or for which a
building permit has been issued, shall be vested for the purpose of the Automobile service station
separation requirement.
Automobile service station: any commercial or industrial facility wherein the retail sale of gasoline is
conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail
establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an
incidental service, the structures and site related to the fuel facility will be considered an automobile
service station. ~ From current LDC