Agenda 07/07/2015 Item # 9Dn
7/7/2015 9.D.
EXECUTIVE SUMMARY
Recommendation to consider an Ordinance Amending Ordinance Number 04-41, as amended, the
Collier County Land Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section
Two, Adoption of Amendments to the Land Development Code, more specifically amending the
following: Chapter One — General Provisions, including Section 1.08.02 Definitions; Chapter Five —
Supplemental Standards, including Section 5.05.05 Automobile Service Stations, more specifically
to establish site design standards for facilities with fuel pumps; Section 5.05.08 Architectural and
Site. Design Standards; Section 5.05.11 Carwashes Abutting Residential Zoning Districts; Section
Three, Conflict And Severability; Section Four, Inclusion in the Collier County Land Development
Code; and Section Five, Effective Dated.
This item to be heard at S: 05 p.m.
OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC)
to serve the best interest of the public.
CONSIDERATIONS: This LDC amendment proposes to address LDC sections 1.08.02
Definitions, 5.05.05 Automobile Service Stations, 5.05.08 Architectural and Site Design
Standards, and 5.05.11 Carwashes Abutting Residential Zoning Districts. Please see Attachment
1 for the proposed LDC Amendment.
During the review of the proposed LDC amendment on Tuesday, June 23, 2015 the Board
directed staff to remove the proposed conditional use provision, LDC section 5.05.05 C, and to
redefine "adjacent" for the purposes of this amendment.
To address concerns related to the tern "adjacent" the following is proposed:
• The term "adjacent" is replaced with a specific distance to ensure that the concept of
"adjacent" is maintained.
• Two exceptions to the distance requirement are established to provide a reasonable
application of the standards. The two exceptions create visual and physical separation
between the automobile service station and the residential property and originate from
the previous conditional use provision.
• The term "adjacent" was removed from the supplemental site design standards. Should
there be development scenarios in which the supplemental site design standards are not
necessary; applicants may pursue a variance, site plan with deviations, Planned Unit
Development Insubstantial Change, etc. to request relief from one or more of the site
standards. The public hearing processes can provide oversight by a decision body for
these scenarios and it is foreseeable that these instances will be a minority of applications
for an automobile service station development.
Additionally, the Board directed staff to develop a separate LDC amendment which establishes
more stringent site design standards for facilities with fuel pumps with 16 or more pumps during
the 2015 LDC Amendment - Cycle 2. The Prioritized List for the Cycle 2 amendments includes
the requested LDC amendment.
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Timeline
The revised LDC amendment is subject to LDC section 10.03.06 A, which requires one Board
hearing date. However, the previous draft of the proposed amendment sought to change the list
of permitted, conditional, and prohibited uses of land, and was subject to LDC section 10.03.06
K. This section requires that the amendment is considered at two Board hearing dates, with one
night time hearing scheduled after 5:00 p.m., unless waived. The Board reviewed this LDC
amendment on Tuesday, June 23, 2015 at a regularly scheduled hearing and voted on June 9,
2015 to hold the night time hearing on July 7, 2015 at 5:05 p.m. to hear the amendment for the
second time. Due to the direction of the Board on Tuesday, June 9, 2015, the amendment will be
presented on Tuesday, July 7, 2015 at 5:05 p.m.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The LDC
amendment was reviewed by the Planning Commission on Thursday, May 7, 2015. During that
meeting, a conditional use was proposed to be included in the amendment. The second meeting
was on Monday, June 8, 2015, which was a special night time hearing. At the second meeting the
Planning Commission unanimously approved the LDC amendment, with recommendations. The
recommendations are included in the amendment text.
At the Thursday, May 7, 2015 meeting, staff provided an overview of the research conducted
with regards to fuel vapor studies completed in the State of Florida. Staff contacted the Florida
Department of Environmental Protection, the U.S. Environmental Protection Agency for related
information, and environmental compliance officers of three local automobile service station
companies, but no studies were identified that were completed in the State of Florida. This
information was reiterated to the Planning Commission on Monday, June 8, 2015, and the
Planning Commission noted if the Board is concerned about fuel vapors, they could obtain more
information by commissioning a study to specifically examine fuel vapors in Florida. Please
note that the Planning Commission did not vote on this discussion topic, rather, it was
acknowledged at the request of a Planning Commissioner.
FISCAL EWPACT: As provided for in the LDC amendment.
GROWTH MANAGEMENT HAPACT: As noted in the LDC amendment.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires an affirmative vote of four for Board approval. - -SAS
RECOMMENDATION: That the Board of County Commissioners approves the proposed
ordinance amending the LDC.
Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development
Review Division, Growth Management Department
Attachments:
1) LDC Amendment 5.05.05 Automobile Service Stations
2) Summary Sheet
3) Proposed Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.D.
Item Summary: This item to be heard at 5:05 p.m. Recommendation to consider an Ordinance
Amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development
Code, more specifically amending the following: Chapter One - General Provisions, including Section
1.08.02 Definitions; Chapter Five - Supplemental Standards, including Section 5.05.05 Automobile
Service Stations, more specifically to establish site design standards for facilities with fuel pumps;
Section 5.05.08 Architectural and Site Design Standards; Section 5.05.11 Carwashes Abutting Residential
Zoning Districts; Section Three, Conflict And Severability; Section Four, Inclusion in the Collier County
Land Development Code; and Section Five, Effective Dated.
Meeting Date: 7/7/2015
Prepared By
Name: CilekCaroline
Title: Manager - LDC, Growth Management Department
6/15/2015 10:38:39 AM
Submitted by
Title: Manager - LDC, Growth Management Department
Name: CilekCaroline
6/15/2015 10:38:41 AM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 6/17/2015 12:37:40 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/21/2015 10:54:36 AM
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Name: StoneScott
7/7/2015 9.D.
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/22/2015 1:42:59 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/22/2015 2:56:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 4:59:31 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 12:03:34 PM
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�-o Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management Department
AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment — continued
LDC SECTION(S): 1.08.02 Definitions
5.05.05 Automobile Service Stations
5.05.08 Architectural and Site Design Standards
5.05.11 Carwashes Abutting Residential Zoning Districts
Please note:
New text is highlighted in yellow.
Notations are in blue boxes.
CHANGE: The proposed LDC amendment establishes site design standards to address the
compatibility of automobile service stations with neighboring residential property. There are two
sets of site standards established. The first set of standards applies to all automobile service
stations in all zoning districts. The second set applies to automobile service stations within 250
feet of residential property, providing for increased setbacks, enhanced landscape buffers, and
increased wall heights and specific noise and lighting conditions. Both sets of standards apply,
regardless of the number of fuel pumps at the station.
REASON: During the review of the proposed LDC amendment on Tuesday, June 23, 2015, the
Board of County Commissioners (Board) directed staff to remove the proposed conditional use
provision, LDC section 5.05.05 C, and to redefine "adjacent" for the purposes of this
amendment.
To address concerns related to the term "adjacent" the following is proposed:
• The term "adjacent" is replaced with a specific distance to ensure that the concept of
"adjacent" is maintained.
• Two exceptions to the distance requirement are established to provide a reasonable
application of the standards. The two exceptions create visual and physical separation
between the automobile service station and the residential property.
• The term "adjacent" was removed from the supplemental site design standards. Should
there be development scenarios in which the supplemental site design standards are not
necessary; applicants may pursue a variance, site plan with deviations, Planned Unit
Development Insubstantial Change, etc. to request relief from one or more of the site
standards. The public hearing processes can provide oversight by a decision body for
these scenarios and it is foreseeable that these instances will be a minority of applications
for an automobile service station development.
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Additionally, the Board directed staff to develop a separate LDC amendment which establishes
more stringent site design standards for facilities with fuel pumps with 16 or more pumps during
the 2015 LDC Amendment - Cycle 2. The Prioritized List for the Cycle 2 amendments includes
the new amendment.
Prior BCC direction:
On March 10, 2015 the Board of County Commissioners (Board) directed staff to provide
compatibility standards to minimize the impact of the presence of automobile service stations, in
particular when located "adjacent" to residential neighborhoods. In addition, the Board directed
staff to provide any studies that were conducted in the State of Florida that address fuel vapor
management at fuel pumps.
To identify methods to improve compatibility, staff conducted the following:
• Researched distance requirements for gas stations in other Florida communities. Please
see Exhibit A;
• Reviewed the number of fuel pumps (average and median) historically permitted in the
County. Please see Exhibit B;
• Reviewed several guidebooks for gas station site and architectural designs to identify best
management practices; and
• Researched development standards in other Florida communities.
In order to verify the applicability of distance recommendations from other out -of -state studies to
Florida, staff conducted the following:
• Contacted environmental compliance officers from three area automobile service station n
companies;
• Contacted State and Federal agencies; and
• Reached out to Dr. Markus Hilpert, a professor at the University of Johns Hopkins, and
requested information and/or studies regarding fuel vapors at automobile service stations
that were conducted in Florida.
The sources were unable to provide conclusive evidence that the studies and recommendations
utilized in California are applicable to conditions in Florida. As a result, the proposed
amendment addresses compatibility of gas stations near residential property and other
commercial zoning districts by reorganizing and amending architectural, site design, lighting,
and signage standards for gas stations.
Following the direction of Board on Tuesday, June 23, 2015, the following is an overview of the
proposed changes:
Definitions revised:
• The current definition of automobile service stations in LDC section 1.08.02 has been
replaced with the term "facilities with fuel pumps" to more accurately reflect the range of
uses which include the sale of fuel for motor vehicles;
• A "facility with fuel pumps" includes, but is not limited to: gas stations, convenience
stores with fuel pumps, automobile service stations with fuel pumps, or a business that
includes retail or whole sale of gasoline /diesel for automobiles as an accessory use; and A*—IN
• The definition includes bulk gasoline /diesel stations.
F,
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Proposed standards, applicable to all automobile service stations, in all zoning districts:
• All structures and signs will have a consistent color and architectural scheme so as to
support more visually appealing automobile service stations;
• Canopy standards providing for enhanced architectural design and features consistent
with the principal structure;
• New lighting standards require all light fixtures to be "full cutoff with flat lenses," which
minimizes the light glare upward and is identified as an aspect of the "dark -sky" concept;
and
• Safety measures, such as locating ATM machines and bathrooms inside the principal
structure.
Proposed supplemental standards applicable to automobile service stations that are within 250
feet of residential property:
• The supplemental standards would apply to all gas stations within 250 feet with several
exceptions. [The term "adjacent" was removed from the provision because there are
numerous development scenarios which could evade the concept of "adjacent ".
Providing a specific distance, with exceptions, will ensure that automobile service
stations are required to provide the supplemental site design standards when nearby
residential property.]
• Additional supplemental standards:
• A 30 -foot wide landscape buffer with enhanced plantings between automobile
service stations and residential property with an 8 -foot masonry wall on center,
positioned on top of a 3 -foot berm;
• A 50 -foot front, side, and/or rear setback from the residential property line;
• Restriction on light fixture height when located within 50 feet of residential
property;
• Illumination standards applicable at both the residential property line and 10 feet
beyond the residential property line to ensure that illumination of residential
properties from lighting on the automobile service station property is minimized;
and
• Restrictions on music played in the fuel pump area, amplified sound, dumpster
enclosure location, car washes, vacuums, and compressed air stations.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal operations impacts to the
County.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: There are no growth management plan
impacts associated with this amendment.
PLANNING COMMISSION RECOMMENDATIONS: The LDC amendment regarding
automobile service stations was reviewed by the Planning Commission on Thursday, May 7,
2015. During that meeting, a conditional use was proposed to be included in the amendment. The
second meeting was on Monday, June 8, 2015, which was a special night time hearing. At the
3
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second meeting the Planning Commission unanimously approved the LDC amendment, with
recommendations. The recommendations are included in the amendment text.
At the Thursday, May 7, 2015 meeting, staff provided an overview of the research conducted
with regards to fuel vapor studies completed in the State of Florida. Staff contacted the Florida
Department of Environmental Protection, the U.S. Environmental Protection Agency for related
information, and environmental compliance officers of three local automobile service station
companies, but no studies were identified that were completed in the State of Florida. This
information was reiterated to the Planning Commission on Monday, June 8, 2015, and the
Planning Commission noted if the Board is concerned about fuel vapors, they could obtain more
information by commissioning a study to specifically examine fuel vapors in Florida. Please
note that the Planning Commission did not vote on this discussion topic, rather, it was
acknowledged at the request of a Planning Commissioner.
OTHER NOTES/VERSION DATE: Revised June 9, 2015, June 24, 2015.
Amend the LDC as follows:
1.08.02 Definitions
Facility with fuel aumns: means anv establishment that sells
distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive
repair services or includes a convenience store. See fuel pump definition. ARY GGFRFAersial -9F
Fuel puma: Also known as a "fueling position," means any self- service or full - service device
used for the sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only
one vehicle at a time. The number of pumps on a single device is determined by the maximum
number of vehicles that can be serviced at the same time. For example, a fuel dispensing
device that can fuel two vehicles at once is considered two fuel pumps, and two fuel dispensing
devices that can fuel four vehicles at once is considered four fuel pumps, and so on.
# # # # # # # # # # # # #
5.05.05 Facilities with Fuel Pumps
A. The purpose of this section is to ensure that facilities with
fuel pumps do not adversely impact adjacent land uses, especially residential land
uses. The high levels of traffic, glare, and intensity of use associated with °tee
statkm4sfacilities with fuel pumps, particularly those open 24 hours, may be
incompatible with surrounding uses, especially residential uses. Therefore, in the interest
of protecting the health, safety, and general welfare of the public, the following
regulations shall apply to the location, layout, drainage, operation, landscaping, parking,
and permitted sales and service activities of facilities with
fuel pumps.
B. Site design requirements.
1. Table of site design requirements:
►.
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Minimum dimensions:
Site
Standards
Minimum lot areas . ft.
30,000
Minimum lot width ft.
150
Minimum lot depth ft.
180
Separation from adjacent facilities with fuel
pumps ft. based on distance between nearest points)
500
Minimum setbacks, all structures:
Front yard ft.
50
Side yard ft.
40
Rear yard ft.
40
2. Waiver of separation requirements.
a. The BZA may, by resolution, grant a waiver of part or all of the minimum
separation requirements set forth herein if it is demonstrated by the
applicant and determined by the BZA that the site proposed for
development of a facility with fuel
pumps is separated from another automobile seFvlGe stati facility
with fuel pumps by natural or man -made boundaries, structures, or
other features which offset or limit the necessity for such minimum
distance requirements. The BZA's decision to waive part or all of the
distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or man -made boundary,
structure, or other feature lying between the proposed
establishment and an existing facility
with fuel pumps is determined by the BZA to lessen the impact of
the proposed sewiee- statiGRfacility with fuel pumps. Such
boundary, structure, or other feature may include, but is not
limited to, lakes, marshes, nondevelopable wetlands, designated
preserve areas, canals, and a minimum of a 4-lane arterial or
collector right -of -way.
ii. Whether the facility with fuel pumps
is only engaged in the servicing of automobiles during regular,
daytime business hours, or, if in addition to or in lieu of servicing,
the statie ifacility with fuel pumps sells food, gasoline, and other
convenience items during daytime, nighttime, or on a 24 hour
basis.
iii. Whether the G8FViG9 stateGAfacility with fuel pumps is located
within a shopping center primarily accessed by a driveway, or if
it fronts on and is accessed directly from a platted road right -of-
way.
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for a
facility with fuel pumps waiver request.
The request fora facility with fuel
pumps waiver shall be based on the submittal of the required application,
a site plan, and a written market study analysis which justifies a need for
the additional facility with fuel pumps in the
desired location.
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1 C. Additional conditions. The BZA shall have the right to add additional
2 conditions or requirements to its approval of a distance waiver request in
3 order to insure compatibility of the alltGFRGbmie seFmiGe stati facility
4 with fuel pumps with the surrounding area and the goals and objectives
5 of the GMP.
6 C. Building architecture, site design, lighting, and signage requirements.
7 1. Building architecture shall meet the requirements of LDC section 5.05.08 in
8 addition to the following requirements:
9 a. All structures on -site shall be of a consistent design and color scheme.
10 b. Canopy standards:
11 i. Columns must be at least eighteen (18) inches wide on all sides.
12 ii. Under - canopy lights must be fully recessed.
13 iii. Canopies must not be higher than sixteen (16) feet clear.
14 iv. Canopy standards.
15 a) Canopy roofs shall be consistent with the architectural
16 design and features of the principal structure.
17 b) The eave fascia of the canopy shall be of one (1) color,
18 consistent with the predominant color and scheme of the
19 principal structure. Color accent banding on canopy
20 structures is permitted through the Deviations and
21 Alternative Compliance process established in LDC section
22 5.05.08.
23 c) One of the following shall be applied to the canopy roof or
24 eave fascia:
25 i) Canopy roofs shall provide a slope ratio of 4:12 or
26 higher. A minimum of two roof -edge or parapet line n
27 changes are required and shall create three distinct
28 sections. One roof edge or parapet line change
29 shall be provided for every 75 linear feet of the
30 canopy length. Each change shall be a minimum of
31 20 percent of the canopy length.
32 ii) The eave fascia shall have a proiection or recess
33 with a minimum depth of three feet, and a minimum
34 total width of 20 percent of the eave fascia length.
35 One change is required for every 75 linear feet of
36 the canopy length.
37 V. See canopy signage standards in LDC section 5.05.05 CA below.
38 2. Site design standards.
39 a. A dumpster enclosure shall be provided as established in LDC section
40 5.03.04 and integrated with the design and color scheme of the facility
41 with fuel pumps.
42 b. Trash receptacle(s) shall be provided at a convenient location on -site to
43 facilitate litter control.
44 C. All restrooms and ATMs shall be located inside the principal structure.
45 3. Lighting standards.
46 a. All light fixtures shall be directed away from neighboring properties.
47 b. On -site light fixtures shall not exceed a height greater than twenty (20)
48 feet above finished grade.
49 c_ . On -site luminaries shall be of low level, indirect diffuse type, and shall be
50 between a minimum average of 1.5 foot - candles and a maximum average
51 of 5 foot - candles.
52 d. All light fixtures shall be full cutoff with flat lenses.
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1
e. Lighting located underneath the canopy shall be recessed, of indirect
2
diffuse type, and designed to provide light only to the pump island areas
3
located underneath said canopy.
4
f. Under - canopy luminance shall be between a minimum average of 5 foot -
5
candies and a maximum average of 20 foot - candles.
6
.24. Signage for facilities with fuel pumps. The
7
following are the only signs allowed in facilities
8
with fuel pumps and convenience stores with gasp uel pumps.
9
a. Window, Wall, and other signs: As allowed in LDC Ssection 5.06.0044
10
this
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b. All GaR9PieG may have an An illuminated corporate logo with a maximum
12
area of 12 square feet shall be allowed on a canopy face which is
13
adjacent to a dedicated street or highway. Otherwise accent lighting,
14
and back lighting - aad -aseA-Rt GtFipiRg are prohibited on canopy
15
structures. Color accent banding on canopies may be approved as
16
established in LDC section 5.05.05 C.1.b.iv.(b), above.
17
C. One ground sign shall be permitted for each site and shall be placed
18
within a 200 square foot landscaped area. Height is limited so that the top
19
edge of the sign face is less than eight feet above grade. Maximum
20
permitted area 60 square feet. Said sign shall be consistent with the color
21
scheme and architectural design of the principal structure.
22
d. Signage is prohibited above gas fuel pumps.
32
1. Setbacks. All structures shall provide a minimum 50 -foot front, side, and rear
33
yard setback from residential property line(s).
34
2. Landscaping and masonry wall standards.
35
a. Facility with fuel pumps sites shall be separated from residential
36
property by a thirty (30) foot wide landscape buffer and an architecturally
37
designed masonry wall. The masonry wall shall be eight (8) feet in height,
38
centered within the landscape buffer, and shall use materials similar in
39
color, pattern, and texture to those utilized for the principal structure.
40
The masonry wall shall be located on top of a berm. The berm shall be
41
constructed and maintained at a height of three (3) feet and a maximum
42
slope of 3:1. The berm shall be planted with ground cover.
43
b. Landscaping shall be required on both sides of the masonry wall. On the
44
residential property wall side, a hedgerow consisting of #10 shrubs,
45
spaced three (3) feet on center, and four (4) feet high at planting and 5
46
(five) feet high within one year shall be provided. In addition, a row of
47
canopy trees spaced thirty (30) feet on center, and ten (10) feet in height
48
at planting are required. On the facility with fuel pumps wall side, a row
49
of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in
50
height at planting are required. A hedgerow consisting of #10 shrubs,
51
spaced three (3) feet on center, and four (4) feet high at planting and 5
52
(five) feet high within one year shall be provided. Required canopy trees
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1 shall be staggered to accommodate the canopy trees on the residential
2 property wall side.
3 3. Music and amplified sound standards.
4 a. Music shall not be played in the fuel pump area between the hours of
5 10:00 p.m. and 7:00 a.m.
6 b. Music and amplified sound shall not be audible from the residential
7 property line.
8 4. Lighting standards.
9 a. On -site lighting.
10 i. All light fixtures shall be directed away from neighboring
11 properties.
12 ii. On -site light fixtures within fifty (50) feet of residential property
13 shall not exceed a height greater than fifteen 0 5) feet above
14 finished grade. Light fixtures elsewhere shall not exceed a height
15 greater than twenty (20) feet above finished grade.
16 iii. All light fixtures shall be full cutoff with flat lenses.
17 iv. On -site luminaries shall be of low level, indirect diffuse type, and
18 shall be between a minimum average of 1.5 foot - candies and a
19 maximum average of 5 foot - candles.
20 V. Illumination shall not exceed:
21 a) 0.5 foot - candles at all residential property lines; and
22 b) 0.2 foot - candles at ten (10) feet beyond all residential
23 property lines.
24 b. Under - canopy lighting.
25 i. Lighting located underneath the canopy shall be recessed, of
26 indirect diffuse type, and designed to provide light only to the
27 pump island areas located underneath said canopy.
28 ii. Under canopy luminance shall be between a minimum average of
29 5 foot - candles and a maximum average of 20 foot - candles.
30 5. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at
31 a distance from residential property equal to the setback of the principal
32 structure from residential property.
33 6. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations
34 abutting residential zoning districts.
35 DE. The following landscape requirements are in addition to the requirements of section
36 4.06.00 Landscaping and Buffering.
37 1. Right -of -way buffer landscaping:
38 a. Landscaping adjacent to rights -of -way external to the development
39 project shall be located within a landscape buffer easement which is a
40 minimum of twenty -five (25) feet in width. Water management swales
41 shall not be located within these buffer areas; however, water
42 management facilities such as underground piping shall be permitted.
43 b. An undulating berm with a maximum slope of 3:1 shall be constructed
44 along the entire length of the landscape buffer. The berm shall be
45 constructed and maintained at a minimum average height of three (3)
46 feet. The berm shall be planted with ground cover (other than grass),
47 shrubs, hedges, trees, and palms.
48 C. The required trees and palms shall be clustered in double rows with a
49 minimum of three (3) trees per cluster. Canopy trees shall be planted a
50 maximum of twenty (20) feet on center within a cluster. The use of palms
51 within the right -of -way buffer shall be limited to landscaped areas
52 adjacent to vehicular access points. Palms shall be planted in staggered
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heights, a minimum of three (3) palms per cluster, spaced at a maximum
of eight (8) feet on center, with a minimum of a four (4) foot difference in
height between each tree. Exceptions will be made for Roystonea spp.
and Phoenix spp. (not including roebelenii) which may be planted one (1)
palm per cluster. A maximum distance of twenty -five (25) feet between all
types of tree clusters shall be maintained (See Illustration 1 below).
d. All of the trees shall be a minimum of fourteen (14) feet in height at the
time of installation. Trees shall have a minimum of a three and one -half
(3'/2) inch caliper at twelve (12) inches above the ground and a six (6) foot
spread. At installation, shrubs shall be a minimum of ten (10) gallon, five
(5) feet in height, with a three (3) foot spread, planted four (4) feet on
center.
2. Landscaping adjacent to all other property lines:
shall be planter- +AFith single Few hedges eensistent vVith the minima R;
requirements of ser•tigp n 06 nn , I rd
aps9apipg anrd BU48FIRg
b. Real: property 199662rdaries (9ther than these adjacent +9 rear- rinhtc_ef_
ay) shall be f laRt8d with GiRgIG Few hedge. The -hedge haI-�nT� l be a
..nim66m height 9f feur (4) feet at plapti
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the building. LandSGapiRg shall be planted e_R the FesideRtial side ef the feRGe 9F wall.
2. OR Bete l„FARRaFles shell ho of lew level iRd6FeGt diff„e.e type and Shall Ret exGeeri
`p1.
G. All Festpeems shall be 19Gated- insid-e- A-r te the side 9F Few ef the building.
IF. Storage tanks shall be located below grade.
dG. There shall be no outside displays of products, stacking of tires, or other merchandise.
KH. No facility with fuel pumps shall have an entrance or exit
for vehicles within 200 feet along the same side of a street as a school, public
playground, child care center, church, hospital, public library, or any institution for
dependents or for children, except where such property is in another block.
ea Fth WRes eF pastels
A41. Each facility with fuel pumps shall provide the necessary
infrastructure and pre- wiring in order to provide the capabilities for generator service in
case of emergencies.
NJ. In addition to the retail dispensing of automobile fuels and oil, only the following services
may be rendered and sales made, except as indicated:
1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts.
2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not
recapping of tires.
3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses,
floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers,
mirrors, exhaust systems, and the like.
4. Provision of water, antifreeze, flushing of the cooling system, air conditioning
recharge, and the like.
5. Providing and repairing fuel pumps and lines.
6. Minor motor adjustments not involving removal of the head or crankcase.
7. Greasing and lubrication.
8. Sales of cold drinks, candies, tobacco, and similar convenience goods for
statise customers,
9. Provision of road maps and other information.
10. No mechanical work shall be allowed outside of the enclosed areas.
11. Oil drainage pits or appliances for such purpose or repair purposes shall be
located within a wholly enclosed building.
12. Uses permissible at a44 automobile seFvlGe stati acility with fuel pumps do
not include major mechanical and body work, straightening of frames or body
parts, steam cleaning, painting, welding, storage of automobiles (except as
expressly permitted in subsection 13. below), commercial garage as an
10
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n 1 accessory use, or other work involving undue noise, glare, fumes, smoke, or
2 other characteristics to an extent greater than normally found in such stations. Aa
3 automobile seFvmee stataonfacility with fuel pumps is not a facility for the sale
4 of automobile vehicles, a repair garage, a body shop, or a truck stop.
5 13. The temporary storage of vehicles shall be permitted if the vehicles are to be
6 serviced at the service station or if the vehicles have been towed by the service
7 station and are being held for servicing, for an insurance company, or for
8 salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be
9 stored within an area surrounded by an opaque fence not less than six (6) feet
10 high. Said vehicles shall not be stored longer than sixty (60) days.
11 14. Washing and polishing of automobiles and sale of automobile washing and
12 polishing materials, but this only allows auto detailing as an accessory use. This
13 provision does not allow carwashes except in those zoning districts where a
14 carwash is a permitted use, and where such carwashes shall be subject to
15 criteria specified in the zoning district.
16 8K. Exceptions:
17 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not
18 apply to, nor render non - conforming, any existing
19 statkmfacility with fuel pumps or any ' facility with
20 fuel pumps within a PUD in which a specific architectural rendering and site plan
21 was approved as part of a rezoning action prior to July 5, 1998.
22 2. The site design standards set forth in LDC section 5.05.05 0.-41 or any other
23 applicable development standard shall apply to existing
24 stato Gnsfaci I fties with fuel pumps pursuant to the provisions of 9.03.00
25 Nonconformities, and all other applicable sections of the Land Development
26 Code.
27 # # # # # # # # # # # # #
28
29 5.05.08 Architectural and Site Design Standards
30
31 D. Design Standards for specific building uses.
32
33 4. Facilities with fuel pumps.
34 a. AppliGability. In addition to the requirements of LDC Ssection 5.05.05
35 GeWlGe sta Facilities with fuel pumps, all standards
36 established in this section are applicable, with the f9-1.19WiRg addato
37 .
38
39
40
41 # # # # # # # # # # # # #
42
43 5.05.11 Carwashes Abutting Residential Zoning Districts
44
45 A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not
46 be allowed.
47 B. Minimum yards.
48 1. Front yard setback: fifty (50) feet.
49 2. Side yard setback: forty (40) feet.
50 3. Rear yard setback: forty (40) feet.
11
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A carwash shall not be located on a lot with less than 150 feet of frontage on a
dedicated street or highway.
Minimum lot size is 18,000 square feet.
If a carwash, vacuum station, or compressed air station abuts a residential district, a
masonry or equivalent wall constructed with a decorative finish, six (6) feet in height
shall be erected along the lot line opposite the residential district and the lot lines
perpendicular to the lot lines opposite the residential district for a distance not less than
fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in
section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from
contacting them.
The building shall maintain a consistent architectural theme along each building
facade.
A carwash shall be subject to Ordinance No. 90 -17, Collier County Noise Control
Ordinance [Code ch. 54, art. IV].
The washing and polishing operations for all car washing facilities, including self- service
car washing facilities, shall be enclosed on at least two sides and shall be covered by a
roof. Vacuuming facilities may be located outside the building, but may not be located in
any required yard area.
Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m.
# # # # # # # # # # # #
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ORDINANCE NO. 15 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS,
INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE —
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO
ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH
FUEL PUMPS; SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS; SECTION 5.05.11 CARWASHES
ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION
THREE, CONFLICT AND SEVERABILITY; SECTION FOUR,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE; AND SECTION FIVE, EFFECTIVE DATE.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91 -102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the second amendment cycle for the
calendar year 2014; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
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/0-111 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on March 10, 2015 and June 23, 2015 and July 7, 2015, and did
take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. Vlll, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 2.A: AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
Facility with fuel pumps: means any establishment that sells,
distributes or pumps fuels for motor vehicles whether or not such facility provides automotive
repair services or includes a convenience store See fuel pump definition. Aay- eenwnemial 9
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* * * * * * * * * * * * *
Fuel pump: Also known as a "fueling position $$ means any self - service or full service device
used for the sale of fuel for motor vehicles A single fuel pump is a fuel pump that can serve only
one vehicle at a time. The number of pumps on a single device is determined by the maximum
number of vehicles that can be serviced at the same time For example a fuel dispensing
device that can fuel two vehicles at once is considered two fuel pumps and two fuel dispensing
devices that can fuel four vehicles at once is considered four fuel pumps and so on
* * * * * * * * * * * *
n
SUBSECTION 2.B: AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.05 Autemebile SeNiGe Stati9Rs Facilities with Fuel Pumps
A. The purpose of this section is to ensure that facilities
with fuel pumps do not adversely impact adjacent land uses, especially residential
land uses. The high levels of traffic, glare, and intensity of use associated with sewise
*
r`" ��-- facilities with fuel pumps, particularly those open 24 hours, may be
incompatible with surrounding uses, especially residential uses. Therefore, in the interest
of protecting the health, safety, and general welfare of the public, the following
regulations shall apply to the location, layout, drainage, operation, landscaping, parking,
and permitted sales and service activities of facilities
with fuel pumps.
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B. Site design requirements.
1. Table of site design requirements:
Minimum lot area (sq. ft.) (
30,000 I
Minimum lot width (ft.)
150 1
Minimum lot depth (ft.)
180
Separation from adjacent autemebile sePARGAB 16tatie cilities with
500
fuel pumps (ft.) (based on distance between nearest points)
Minimum setbacks, all structures:
Front yard (ft.)
50
Side yard (ft.)
40
,Rear yard (ft.)
40
2. Waiver of separation requirements.
a. The BZA may, by resolution, grant a waiver of part or all of the minimum
separation requirements set forth herein if it is demonstrated by the
applicant and determined by the BZA that the site proposed for
development of a facility with fuel
pumps is separated from another facilit
with fuel pumps by natural or man -made boundaries, structures, or
other features which offset or limit the necessity for such minimum
distance requirements. The BZA's decision to waive part or all of the
distance requirements shall be based upon the following factors:
L Whether the nature and type of natural or man -made boundary,
structure, or other feature lying between the proposed
establishment and an existing
facility with fuel pumps is determined by the BZA to lessen the
impact of the proposed eePiee- statien- facility with fuel pumps.
Such boundary, structure, or other feature may include, but is not
limited to, lakes, marshes, nondevelopable wetlands, designated
preserve areas, canals, and a minimum of a 4-lane arterial or
collector right -of -way.
ii. Whether the facility with fuel
pumps is only engaged in the servicing of automobiles during
regular, daytime business hours, or, if in addition to or in lieu of
servicing, the sty— facility with fuel pumps sells food,
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gasoline, and other convenience items during daytime, nighttime,
or on a 24 hour basis.
iii. Whether the facility with fuel pumps is located
within a shopping center primarily accessed by a driveway, or if
it fronts on and is accessed directly from a platted road right -of-
way.
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for a
facility with fuel pumps waiver request.
The request fora facility with fuel
Pumps waiver shall be based on the submittal of the required application,
a site plan, and a written market study analysis which justifies a need for
the additional facility with fuel pumps in
the desired location.
C. Additional conditions. The BZA shall have the right to add additional
conditions or requirements to its approval of a distance waiver request in
order to insure compatibility of the facility 10-1�1
with fuel pumps with the surrounding area and the goals and objectives
of the GMP.
C. Building architecture, site design, lighting and signage requirements.
1. Building architecture shall meet the requirements of LDC section 5.05.08 in
addition to the following requirements:
a. All structures on -site shall be of a consistent design and color scheme
b. Canopy standards:
i. Columns must be at least eighteen (18) inches wide on all sides
ii. Under - canopy lights must be fully recessed
Canopies must not be hiqher than sixteen (16) feet clear.
iv. Canopy standards
a) Canopy roofs shall be consistent with the architectural
design and features of the principal structure
b) The eave fascia of the canopy shall be of one (1) color,
consistent with the predominant color and scheme of the
Principal structure. Color accent banding on canopy
structures is permitted through the Deviations and
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Alternative Compliance process established in LDC section
5.05.08.
C) One of the following shall be applied to the canopy roof or
eave fascia:
i) Canopy roofs shall provide a slope ratio of 4:12 or
higher. A minimum of two roof -edge or parapet line
changes are required and shall create three distinct
sections. One roof edge or parapet line change
shall be provided for every 75 linear feet of the
canopy length Each change shall be a minimum of
20 percent of the canopy length.
ii) The eave fascia shall have a projection or recess
with a minimum depth of three feet, and a minimum
total width of 20 percent of the eave fascia length.
One change is required for every 75 linear feet of
the canopy length.
V. See canopy signage standards in LDC section 5.05.05 C.4, below.
^ 2. Site design standards.
a A dumpster enclosure shall be provided as established in LDC section
5 03 04 and integrated with the design and color scheme of the facility
with fuel pumps.
b Trash receptacle(s) shall be provided at a convenient location on -site to
facilitate litter control.
C. All restrooms and ATMs shall be located inside the principal structure.
3. Lighting standards.
a All light fixtures shall be directed away from neighboring properties.
b On -site light fixtures shall not exceed a height greater than twenty (20)
feet above finished grade.
C. On -site luminaries shall be of low level indirect diffuse type, and shall be
between a minimum average of 1.5 foot - candles and a maximum average
of 5 foot - candles.
d All light fixtures shall be full cutoff with flat lenses.
e Lighting located underneath the canopy shall be recessed, of indirect
diffuse type and designed to provide light only to the pump island areas
located underneath said canopy.
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f. Under - canopy luminance shall be between a minimum average of 5 foot-
candies and a maximum average of 20 foot- candles.
.24. Signage for facilities with fuel pumps. The
following are the only signs allowed in facilities
with fuel pumps and convenience stores with gas pumps fuel pumps.
a. Window, Wall, and other signs: As allowed in LDC 9section 5.06.00 -4
b• All GaRepier, may have aR An illuminated corporate logo with a maximum
area of 12 square feet shall be allowed on a canopy face which is
adjacent to a dedicated street or highway. Otherwise accent lighting,
and back lighting and ar.%Rt stripiRg are prohibited on canopy
structures. Color accent banding on canopies may be approved as
established in LDC section 5.05.05 C 1 b iv (b) above
C. One ground sign shall be permitted for each site and shall be placed
within a 200 square foot landscaped area. Height is limited so that the top
edge of the sign face is less than eight feet above grade. Maximum
permitted area 60 square feet. Said sign shall be consistent with the color
scheme and architectural design of the principal structure
d. Signage is prohibited above gas fuel pumps.
D. Supplemental standards for facilities with fuel pumps within 250 feet of residential
Property. Facilities with fuel pumps shall be subiect to the following standards when
located within 250 feet of residentially zoned or residentially developed properties
hereinafter referred to as "residential Property," as measured from the property line of
the facility with fuel pumps to the residential property line However, a facility with
fuel pumps shall be exempt from LDC section 5 05 05 D when it is separated from
residential propertv by a minimum of 100 feet of designated preserve area that is 80
Percent opaque and at least 12 feet in height within one year, or a minimum 4-lane
arterial or collector right -of -way.
1. Setbacks. All structures shall provide a minimum 50 -foot front side and rear
yard setback from residential property line(s)
2. Landscaping and masonry wall standards
a. Facility with fuel pumps sites shall be separated from residential
Property by a thirty (30) foot wide landscape buffer and an architecturally
designed masonry wall The masonry wall shall be eight (8) feet in height
centered within the landscape buffer, and shall use materials similar in
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color, pattern, and texture to those utilized for the principal structure.
The masonry wall shall be located on top of a berm. The berm shall be
constructed and maintained at a height of three (3) feet and a maximum
slope of 3:1. The berm shall be planted with ground cover.
b. Landscaping shall be required on both sides of the masonry wall. On the
residential property wall side, a hedgerow consisting of #10 shrubs,
spaced three (3) feet on center, and four (4) feet high at planting and five
(5) feet high within one year shall be provided. In addition, a row of
canopy trees spaced thirty (30) feet on center, and ten (10) feet in height
at planting are required On the facility with fuel pumps wall side, a row
of canopy trees spaced thirty (30) feet on center, and twelve (12) feet in
height at planting are required. A hedgerow consisting of #10 shrubs,
spaced three (3) feet on center, and four (4) feet high at planting and five
(5) feet high within one year shall be provided. Required canopy trees
shall be staggered to accommodate the canopy trees on the residential
Property wall side.
3. Music and amplified sound standards.
a Music shall not be played in the fuel pump area between the hours of
10:00 p.m. and 7:00 a.m.
b Music and amplified sound shall not be audible from the residential
Property line.
4. Lighting standards.
a. On -site lighting.
i All light fixtures shall be directed away from neighboring
properties.
ii. On -site light fixtures within fifty (50) feet of residential property
shall not exceed a height greater than fifteen (15) feet above
finished arade Light fixtures elsewhere shall not exceed a height
greater than twenty (20) feet above finished grade.
iii. All light fixtures shall be full cutoff with flat lenses.
iv. On -site luminaries shall be of low level, indirect diffuse type, and
shall be between a minimum average of 1.5 foot - candles and a
maximum average of 5 foot - candles.
V. Illumination shall not exceed:
a) 0.5 foot - candles at all residential property lines; and
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b) 0.2 foot - candles at ten 0 0) feet beyond all residential property
lines.
b. Under - canopy lighting.
i. Lighting located underneath the canopy shall be recessed of
indirect diffuse type, and designed to provide light only to the
pump island areas located underneath said canopy.
ii. Under canopy luminance shall be between a minimum average of
5 foot - candles and a maximum average of 20 foot - candles.
5. Dumpster enclosures. At a minimum the dumpster enclosure shall be located at
a distance from residential property equal to the setback of the principal
structure from residential property.
6. _ _ See LDC section 5.05.11 for car washes vacuums and compressed air stations
abutting residential zoning districts.
I -E. The following landscape requirements are in addition to the requirements of section
4.06.00 Landscaping and Buffering.
1. Right -of -way buffer landscaping:
a. Landscaping adjacent to rights -of -way external to the development
project shall be located within a landscape buffer easement which is a
minimum of twenty -five (25) feet in width. Water management swales
shall not be located within these buffer areas; however, water
management facilities such as underground piping shall be permitted.
b. An undulating berm with a maximum slope of 3:1 shall be constructed
along the entire length of the landscape buffer. The berm shall be
constructed and maintained at a minimum average height of three (3)
feet. The berm shall be planted with ground cover (other than grass),
shrubs, hedges, trees, and palms.
C. The required trees and palms shall be clustered in double rows with a
minimum of three (3) trees per cluster. Canopy trees shall be planted a
maximum of twenty (20) feet on center within a cluster. The use of palms
within the right -of -way buffer shall be limited to landscaped areas
adjacent to vehicular access points. Palms shall be planted in staggered
heights, a minimum of three (3) palms per cluster, spaced at a maximum
of eight (8) feet on center, with a minimum of a four (4) foot difference in
height between each tree. Exceptions will be made for Roystonea spp.
n
and Phoenix spp. (not including roebelenii) which may be planted one (1)
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palm per cluster. A maximum distance of twenty -five (25) feet between all
types of tree clusters shall be maintained (See Illustration 1 below).
d. All of the trees shall be a minimum of fourteen (14) feet in height at the
time of installation. Trees shall have a minimum of a three and one -half
(3'/2) inch caliper at twelve (12) inches above the ground and a six (6) foot
spread. At installation, shrubs shall be a minimum of ten (10) gallon, five
(5) feet in height, with a three (3) foot spread, planted four (4) feet on
center.
2. Landscaping adjacent to all other property lines:
a. Side pmpeFty beuRdaFies (9theF thaR there adjaGent te Fights ef way)
shall be plaRted With GiR918 F9W hedger-, sen6istent with the FniRimum
way) shall be plaRted with a siRgle row hedge. The hedge shall be a
GeRtBF, and shall be maiRtaiRed at a height ef five (5) feet.
a Landscaping adjacent to all other property lines shall comply with the
requirements in LDC section 4.06.02.
s-b. Curbing shall be installed and constructed, consistent with minimum code
requirements, between all paved areas and landscape areas.
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Illustration 1. Facilities with Fuel Pumas R.O. W. Landscape
Requirements
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20' MAX
DISTANCE
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ie
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AT PAVEMENT ENTRANCES
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PREPAR® Sr O"WE Dr SRAMCS AND TECMOCAL SUMM
COROSSRTV DEVELOPMERT AM ENVROMEWAL SERMVS. onPIM
OAT@ D/LOOA PRF LDG.R004 -$DWG
Illustration 1. Facilities with Fuel Pumas R.O. W. Landscape
Requirements
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t--F. Storage tanks shall be located below grade.
J-G. There shall be no outside displays of products, stacking of tires, or other merchandise.
-K-H. No facility with fuel pumps shall have an entrance or exit
for vehicles within 200 feet along the same side of a street as a school, public
playground, child care center, church, hospital, public library, or any institution for
dependents or for children, except where such property is in another block.
eaFth tGReS 9F pastels.
M-I. Each facility with fuel pumps shall provide the necessary
infrastructure and pre- wiring in order to provide the capabilities for generator service in
case of emergencies.
N-J. In addition to the retail dispensing of automobile fuels and oil, only the following services
may be rendered and sales made, except as indicated:
1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts.
2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not
recapping of tires.
3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses,
floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers,
mirrors, exhaust systems, and the like.
4. Provision of water, antifreeze, flushing of the cooling system, air conditioning
recharge, and the like.
5. Providing and repairing fuel pumps and lines.
6. Minor motor adjustments not involving removal of the head or crankcase.
7. Greasing and lubrication.
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8. Sales of cold drinks, candies, tobacco, and similar convenience goods for seFviee
statie+R customers,
9. Provision of road maps and other information.
10. No mechanical work shall be allowed outside of the enclosed areas.
11. Oil drainage pits or appliances for such purpose or repair purposes shall be
located within a wholly enclosed building.
12. Uses permissible at a are facility with fuel pumps
do not include major mechanical and body work, straightening of frames or body
parts, steam cleaning, painting, welding, storage of automobiles (except as
expressly permitted in subsection 13. below), commercial garage as an
accessory use, or other work involving undue noise, glare, fumes, smoke, or
other characteristics to an extent greater than normally found in such stations. A
An aatemebile service stati w*--facility with fuel pumps is not a facility for the
sale of automobile vehicles, a repair garage, a body shop, or a truck stop.
13. The temporary storage of vehicles shall be permitted if the vehicles are to be
serviced at the seafise- sta#fee facility with fuel pumps or if the vehicles have
been towed by the servise statiGn facility with fuel pumps and are being held
for servicing, for an insurance company, or for salvage. Any such vehicle(s),
other than those vehicles serviced daily, shall be stored within an area
surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall
not be stored longer than sixty (60) days.
14. Washing and polishing of automobiles and sale of automobile washing and
polishing materials, but this only allows auto detailing as an accessory use. This
provision does not allow carwashes except in those zoning districts where a
carwash is a permitted use, and where such carwashes shall be subject to
criteria specified in the zoning district.
9K. Exceptions:
1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not
apply to, nor render non - conforming, any existing autemebile stat GR
facility with fuel pumps or any autemebile- service.- facility with fuel
Pumps within a PUD in which a specific architectural rendering and site plan was
approved as part of a rezoning action prior to July 5, 1998.
2. The site design standards set forth in LDC section 5.05.05 F--C. — A-J. or any
n
other applicable development standard shall apply to existing aatea}ebiie
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senar--e stat o„e facilities with fuel pumps pursuant to the provisions of
9.03.00 Nonconformities, and all other applicable sections of the Land
Development Code.
* * * * * * * * * * * *
SUBSECTION 2.C: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards
D. Design Standards for specific building uses.
4_ Facilities with fuel pumps.
a. - AppliGabilityln addition to the requirements of LDC section 5.05.05
Facilities with fuel pumps, all standards
established in this section are applicable,
eaaeats
i. GaR9PY GGIUMRS -must be at lea6t 19 iRGhe6 wide.
I I deF GaRep y lights FRUSt be fi Ily eGesrsed
* * * * * * * * * * * *
SUBSECTION 2.1): AMENDMENTS TO SECTION 5.05.11 CARWASHES ABUTTING
RESIDENTIAL ZONING DISTRICTS
Section 5.05.11 Carwashes Abutting Residential Zoning Districts, of Ordinance 04 -41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
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5.05.11 Carwashes Abutting Residential Zoning Districts __11
A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not
be allowed.
B. Minimum yards.
1. Front yard setback: fifty (50) feet.
2. Side yard setback: forty (40) feet.
3. Rear yard setback: forty (40) feet.
C. A carwash shall not be located on a lot with less than 150 feet of frontage on a
dedicated street or highway.
D. Minimum lot size is 18,000 square feet.
E. If a carwash, vacuum station or compressed air station abuts a residential district, a
masonry or equivalent wall constructed with a decorative finish, six (6) feet in height
shall be erected along the lot line opposite the residential district and the lot lines
perpendicular to the lot lines opposite the residential district for a distance not less than
fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in
section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from
contacting them. ,^
F. The building shall maintain a consistent architectural theme along each building
facade.
G. A carwash shall be subject to Ordinance No. 90 -17, Collier County Noise Control
Ordinance [Code ch. 54, art. IV].
H. The washing and polishing operations for all car washing facilities, including self - service
car washing facilities, shall be enclosed on at least two sides and shall be covered by a
roof. Vacuuming facilities may be located outside the building, but may not be located in
any required yard area.
I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the existing Land Development Code (LDC) or Growth Management Plan
(GMP), the applicable provisions of the existing LDC or GMP shall prevail. In the event this
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n Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7th day of July, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form and legality:
Heidi Ashton - Cicko, Esquire
Managing Assistant County Attorney
04- CMD- 01077/_ (6/29/15)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
TIM NANCE, Chairman
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Patricia L. Morgan
From: Neet,Wrginia
Sent Wednesday, July 01,ZOlS9:43AK4
To: Minutes and Records
Cc: Rodriguez, Wanda; Ashton, Heidi
Subject: YY'l648 BCC Meeting 7/7/I5 Agenda Items post board review ofitems:
Attachments: Legal Ad LD[ Amendment 9_0Oam.pdf; Legal Ad LDC Amendment 5_05 pm.pdf
Ladies
Please include the attached ads with the backup for Items 9-C, 9-D, and 9-E.
They ran today so we could not get them into the electronic or printed agenda.
Thank you!
Dinny
Virginia A.Neet,FRP
Office nf the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Fiorida Law. e-mail addresses are public records, If you do not want your e. mail address released in response to a public records request, do not send
electronic rnail to this entity. Instead, contact. this office by telephone or in writing.
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF INTENT TO 'CONSIDER ORDINANCES
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County Commissioners Meeting Room,
3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112,
the Collier County Board of County Commissioners will consider amendments to the Collier County Land
Development Code. The meeting will commence at 5:05 P.M. The titles of the proposed ordinances are as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2 - ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.03.08 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF MAINTENANCE BUILDINGS
AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF
ACCESSORY BUILDINGS AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE
AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS
OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION
FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE.
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FORTHE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL
PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE
DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN
STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE,
CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE; AND SECTION FIVE, EFFECTIVE DATE.
V CMllu County
Ploeltl•
E ^^
1 1 `?� I
All interested parties are invited to appear and be heard. Copies of the proposed amendments are available
for public inspection in the Zoning and Land Development Review Section, Growth Management Department,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through
Friday.
Furthermore; materials will be made available for inspection at the Collier County Clerk's Office, Building F,
Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings,
and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380,
at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the
Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Tim Nance, Chairman
INo. 231121354 July 1. 2015 1
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