Agenda 03/10/2026 Item #11D (Remove the existing 500-foot separation requirement between facilities with fuel pumps)3/10/2026
Item # 11.D
ID# 2026-295
Executive Summary
Pursuant to prior Board direction, recommendation to remove the existing 500-foot separation requirement between
facilities with fuel pumps, or alternatively, initiate a publicly vetted amendment modifying the site design criteria set
forth in Land Development Code (LDC) Section 5.05.05.B.2.
OBJECTIVE: For the Board of County Commissioners (Board) to direct staff to delete LDC section 5.05.05 B.2,
Facilities with Fuel Pumps, waiver of separation requirements in its entirety, or establish an exemption for the distance
separation requirement for facilities with fuel pumps when located within a designated Mixed Use Activity Center,
and/or retain the distance separation requirement and include staff’s suggested changes.
CONSIDERATIONS: On October 14, 2025, after the Board of Zoning Appeals (BZA) granted PL20240011790,
Costco’s request for a waiver from the minimum required separation distance of 500 feet to 132 feet between facilities
with fuel pumps and limiting the number of fueling pumps to 12 and six fueling stations, the Board directed staff to
evaluate the spatial distance requirement and bring back for discussion. During Costco’s public hearing, the public’s
concerns centered on mitigating impacts at the Rattlesnake Hammock/Collier Boulevard Mixed Use Activity Center
intersection, the intensity of development at the intersection, pedestrian safety, traffic congestion, offsite stormwater
management, and accessibility to major arterial and collector roadways. Processing of similar waiver requests began in
1998, when the Board first adopted the separation-of-distance standard. It had been for a specific ingress/egress
situation involving Pine Ridge Road, due to the volume of traffic from several gas stations being developed along Pine
Ridge Road and near the I-75 Interchange. Since that time, the County has processed 11 distance-separation waiver
requests, with six approved by the BZA, four by the Hearing Examiner, and one withdrawn. Within this 27-year period,
the approved waiver distance granted for relief has varied, ranging from 117 feet to 420 feet. It’s notable that the
requests had mostly occurred at four-lane and six-lane intersections. Only two out of the 11 petitions occurred on a two-
lane collector roadway.
As a result of Cosco’s public hearing, the Board decided to re-evaluate the distance separation requirement. Staff is
seeking direction from the Board with respect to an LDC amendment to one or more of the following options:
A) Eliminate the Waiver of Separation Requirement in its Entirety
There is no Florida Statute prohibiting facilities with fuel pumps within 500 feet of each other. Staff conducted a
comprehensive review of other Florida Communities’ land development codes and found most communities fail to
establish and/or require a design requirement for a distance of separation between fueling facilities and automobile
service stations other than the seven communities’ requirements listed below:
• Arcadia County: 750’ except at an intersection of any two designated primary state highways, or lots on
opposite sides of four-lane streets where there is a median for control of traffic constituting, for all practical
purposes, two separate one-way streets and 250’ from places of public assemblage, occupied for a church,
hospital, elementary or high school, public library, theater, auditorium stadium arena assembly hall or other
similar public or semi-public place where large numbers of people congregate.
• Town of Jupiter: 750’ from other fueling station; 125’ on 80’ or smaller collector road ROW, 245’ on 100’
or greater arterial road right-of-way, 400’ from place of worship, hospital, or school.
• Palm Beach County: Maximum of two retail gas and fuel sales allowed within 1,000 feet of an intersection
and 200 feet from residential unless approved by waiver, separated by either 1,000 or 500 feet between other
same, existing, or approved use.
• City of Estero: 500 feet separation unless a deviation or variation is granted by Village Council.
• City of Lauderhill: 2,000 feet and not applicable when two or more stations are located on different corners
of an intersection of two or more streets.
• Highlands County: 250’ from lot used for church, playground, playfield, park, hospital, schools, public
library, theater, auditorium, stadium, arenas, assembly hall or other similar public or semi-public place
where large numbers of people gather.
3/10/2026
Item # 11.D
ID# 2026-295
City of Palm Springs:
1) Allowed only adjacent to major arterials and within 250 feet of an intersection of roadway classified as an arterial
or collector or adjacent to a signalized intersection,
2) 1,000 feet between the nearest points of property lines on any two parcels occupied or to be occupied for
automobile repair, fuel/gas station or convenience store or car wash purpose, and
3) 250 feet from a parcel occupied by church, public or private school, daycare, hospital, governmentally owned or
operated building, nursing home or assisted living facility, theater, auditorium, stadium area, place of assembly,
and/or public playfield.
It should be noted that there are 67 Counties and 411 Municipalities (267 Cities, 123 Towns & 21 Villages) within the
State of Florida, which translates to 1.5% of governments with fueling facility separation requirements. Attachment “A”
contains the summation of the research materials utilized to evaluate the Board directed request.
B) Exempt the separation distance requirement within all designated Mixed Use Activity Centers.
This option arises from evidence presented by Cosco’s locational analysis and the economic synergy of multiple fueling
facilities located at major activity center intersections which serve large-scale commercial uses while serving existing
and future residential development. The 19 mixed use activity centers’ locations identified in the Future Land Use Map
are based on major road intersections and spacing criteria.
C) Modify the separation requirements and evaluation requirements of LDC section 5.05.05 B and H.
This option directs staff to publicly vet and proceed with additional modifications that would improve the standards and
site design requirements for facilities with fuel pumps, which may include, but are not limited to the following:
1) Change the existing distance separation requirement from 500’ to 250’, which could have eliminated 50% of the
previously granted waiver requests.
2) Cap the number of fueling pumps/stations at major mixed-use activity centers to no more than three within a one-
mile radius of a proposed facility, except for intersections at I-75.
3) Limit the number of fueling stations in a shopping center within a specified distance of any intersection and only
on major collector or arterial roadways. For fueling stations on a local roadway, require conditional use or variance
approval.
4) Require and prioritize a written traffic study analysis to justify interconnectivity, safe and efficient mobility for
the public’s benefit, instead of a market study analysis.
5) Limit the number of driveways and access points on roadways unless there is an integrated driveway within a
PUD and or Mixed Use Activity Center.
6) Expand the minimum dimensional site design requirements to address :
• Depth from all residential land uses;
• Distance from school, public playground, hospital, church, etc.; and
3/10/2026
Item # 11.D
ID# 2026-295
• Distance from public water supply wells to protect groundwater infiltration.
7) Expand the current list of factors to waive part or all of the separation requirements by including:
• Whether an adequate vehicular designed queuing area and buffer and landscaping to residential land
uses are proposed.
• Whether the total number of trips generated by the number of fuel pumps and its associated land use
does not exceed the maximum allowable number of peak hour trips for the roadways’ connection.
• Whether there are any onsite or offsite improvements established by a development commitment to
mitigate adverse impacts.
This item furthers the County's objective to operate an efficient and customer-focused permitting process.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County, except for the costs associated with
processing and advertising the proposed LDC amendment, estimated at $50.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
direction. -HFAC
RECOMMENDATION(S): To direct staff to amend the Collier County Land Development Code relating to the
elimination of the facilities with fuel pumps waiver of separation requirements and bring back the draft ordinance to the
Board after vetting the amendment through advisory bodies.
PREPARED BY: Mike Bosi, AICP, Zoning Director
ATTACHMENTS:
1. Attachment-A-Research-Material
Application Name BZA Res./ HEX
Decision No.
Approved Distance
Waiver (FT)
Number of Fueling
Positions Finding Separation By: Location Restriction Minimize Negative Impacts Market Study
2934 Tamiami Trail-Royal Palm
Terrace BZA 98-499 400
Sam's Club 22546 Immokalee Rd. BZA 2000-61 182
Seven-Eleven 12750 Tamiami Tr.
East-Capri Commercial Ctr.BZA 2000-277 300
Race Trac at Palm Street
HEX Report No.
2016-01 Finding
and Analysis
a. Reduce the number of fueling positions to a maximum of twelve (12).
b. Require intersection improvements to Palm Street and US 41 to include
dual left lanes, a dedicated through lane and a dedicated right lane.c. Include mitigation standards
required by Ordinance 2015-46 for facilities
with fuel pumps within 250 feet of residential.
d. Enhance the wall requirement of Ordinance 2015-46 with a twelve (12)
foot masonry wall with same architectural features as the primary
building, on a minimum three (3) foot berm. Landscaping on both sides of
the wall as required by Ordinance 2015-46 with tree height of fourteen
14) feet at planting measured from the bottom of the wall.
e. No vehicular traffic behind the building adjacent to residential.
f. The dumpster and loading area will be no closer to the southern property
line than the building.
g. Building setback to residential a minimum of 107 feet and parking setback
a minimum of forty (40) feet.
h. No customer entrances on the south side of the building.
i. Light fixtures will meet the International Dark-Sky Association’ s standard
for outdoor lighting and including parking lot lighting to be no higher than
fifteen (15) feet.
j. Outdoor amplified sound is limited to the pump area unless required for
safety reasons. Non-safety amplified sound only audible at the fueling
position and only allowed from 7 AM to 7 PM.
k. Access to Frederick Street is prohibited.
l. Provide thirty (30) foot additional right-of-way along eastern property
boundary with Palm Street.
Race Trac at Palm Street
WAWA
Naples South Plaza WAWA at
Southwest Intersection of
Rattlesnake Hammock Rd. and U.S.
41 Tamiami Tr. E.
HEX 2017-19
WAWA
191.77 from Seven-
Eleven Convenience
Store
6 positions for 12
pumps.4-lane Roadway No servicing of
automobiles
Increase buffer with masonary wall adjacent to residential. Activities center is oriented toward
U.S.41 frontage and minimizes impact to adjacent residential. The proposed Wawa improvement
will not have any adverse impacts on adjacent
land uses. The site development plan for the Wawa includes enhanced landscape
buffering and improved vehicular access throughout Naples South Plaza.
Conditions in the center will be greatly improved over those that currently exist, in
particular in the area abutting residential land uses. The installation of an 8'
masonry wall, 3' berm, and enhanced buffering along the residential property line
will greatly improve the aesthetics over what currently exists. Additionally, the
owners association of the adjacent property has provided their support for the
proposed Wawa development.
Justified for additional fuel
facilities within 5-minute drive
time.
RaceTrac at Shadowlawn Dr. and
US 41. Northeast Intersection HEX 2018-03
185 from existing
Kangaroo facility with
fuel pumps.
8 positions for 16
pumps 6-lane Arterial
5 minute drive time. Analysis
indicated shortage of supply by
2,500,000 gallons annually. With
RaceTrac shortage supply will
remain.
Seven-Eleven at Northeast Corner
of Rattlesnake Hammock and
Collier Blvd.
HEX 2021-13 171 from existing
RaceTrac
8 positions for 16
pumps
Man-Made Canal
and Multi-Lane
Intersection
Located in outparcel within
a shopping center .Access
from internal roadway
network, connecting to CR
951 by existing bridge
north of Hammock Park
MPUD boundary, within
Good Turn CPUD.
No automobile service
or repair
Abutting property undeveloped. Buffers, lighting, architecture, and setbacks of site design will
meet or exceed enhanced code requirements to abate potential adverse impact to residential use.
Satisfied all matters
in accordance with
LDC section
2.6.28.4
Fueling area and heavier traffic areas will be located as far as possible from existing residential properties. Lighting full
cutoff with flat lenses, not to exceed 0.5 foot candles at residential PL. Canopies and pumps separated from residential by
convenience store and enhanced landscaping. Vaccum and air stations must be located along U.S. 41 frontage.
Criteria in LDC
section 5.05.05 B.2
has been met.
Withdrawn
Immokalee Seven-Eleven CPUD at
Northwest Corner of Main St. (SR
29) and North 9th St. See Ord. 2021-
22.
BZA 2021-116
420 from Handy
Convenience Store
with 4 fueling stations
16 unleaded and 4
diesel positions. max.
20 fueling positions.
2-lane collector
with turn lane
onto SR 29 (100
FT. ROW -Main
street) N. 9th
street- 60' ROW
Located on two platted
roadways.
Estates Shopping Center CPUD- at
Northwest Corner of Wilson Blvd.
and Golden Gate Blvd. See Ord.
2021-40.
BZA 2021-227 370 from Mobile/7-11
fueling station
4 stations and 8
pumps
Costco- Southeast Corner of
Rattlesnake Hammock Rd. and
Collier Blvd. MPUD
BZA 2025-216
132 from Seven Eleven
fueling station at
Northeast Corner of
Rattlesnake Hammock
Rd.
6 stations and 12 fuel
pumps. Any additional,
upto 12 pumps must
come back to the
Board.
Two entrances
off of 4- lane
Rattlesnake
Hammock Rd.
581' from
RaceTrac at
Southwest
Corner of RHR
and CB.
10 minute drive time.The key
finding is that the projected
demand increase of 29.09% is
greater than the project's 25.95%
share of projected supply. This
leaves a 3.14% demand surplus,
which demonstrates a clear and
justifiable need for the project.
5 minute drive time. Project
addresses the demand within the
market area and need for more
supply.
Buffers, lighting, architecture, and setbacks will meet the enhanced code requirements for facilities with fuel pumps
according to LDC Section 5.05.05.items. No automobile servicing or repair. Access to the building from N. 9th Street is 40
feet from the northern boundary with parking against the building for the rear entrance. The building is a minimum of 100
feet from the residential property and the canopy is on along W. Main Street between the building and the residential
property reducing all adverse impacts. Allow parking to be located in front of building facing W.Main Street. 30 FT.
residential buffer with 8' ft. wall.
Full cutoff fixtures with BUG rating where U=0 , at 15' mounting height at 50 FT from residential properties.
BZA Resolution No. HEX Decision No. Fuel Facility- Location Distance Separation Relief in FT. (Remaining Distance)
1998-499 At U.S.41 and Royal Palm Terrace 400 (100)
2000-61 Sam's Club and ? at Immokalee and Airport
Rd.182 (318)
2000-277 7-Eleven and Capri Commerce Center 300 (200)
2016-01 7-Eleven and RaceTrac at U.S.41 between
Fredrick and Palm Streets.Varies
2017-19 7-E;even and Naples South Plaza at U.S.41
and Rattlesnake Hammock Rd. 191.77 (308.23)
2018-03 RaceTrac and an Existing Facility at
Shadowlawn Dr. and U.S. 41. 185 (315)
2021-13
New ASS with convenience store and car
wash and RaceTrac at NE corner of Collier
Blvd. and Rattlesnake Rd.
117 (363)
2021-116 7-Eleven and Handy Convenience Store at
North 9th St. and Mainstreet-Immokalee 420 (80)
2021-227 7-Eleven and Estates Shopping Center Golden
Gate Blvd. and Wilson Blvd.370 (130)
2025-216 7-Eleven and Costco at Rattlesnake Hammock
Rd. and Collier Blvd.132 (368)
ASW- BZA Resolutions and HEX Decisions Distance Separation Table
Community Fuel Facilities Separation Distance (feet)
Collier 500
Arcadia
750; except at the intersection of any two designated primary state
highways, or lots on opposite sides of four-lane streets where there is
a median for control of traffic constituting, for all practical purposes,
two separate one-way streets.
250; from places of public assemblage, occupied for a church,
hospital, elementary or high school, public library, theater, auditorium
stadium arena assembly hall or other similar public or semipublic
place where large numbers of people congregate.
Highlands
250; from any lot used or to be used for church, playground, playfield,
park, hospital, elementary or high school, public library, theater,
auditorium, stadium, arena, assembly hall or other similar public or
semi-public place where large numbers of people congregate schools.
Palm Beach
Intersection Criteria : applicable uses shall be limited within 1,000 of
any intersection, measured from intersection centerlines of each
street to nearest exterior wall or outdoor dinning area and a maximun
of two at an intersection. Separation Criteria : A use shall meet the
following separation criteria of any other same and existing or
approved use, measured by straight line between nearest point of
exterior wall or outdoor dining area of proposed use: 1,000.
Wakulla 150 from residential property, school, public playground, churches,
hospital, public library, or institution for children or dependents.
Estero 500
Jupiter
400; from place of worship, hospital, or school. 750’ from other fueling
station. Separation between street driveway or intersection: 125’ (center
line to center line) on 80’ or smaller collector road ROW or 245’ on 100’ or
greater arterial road ROW.
Lauderhill
2,000; does not apply if 2 or more stations are located on different
corners of an intersection of 2 or more streets. Use is prohibited in the
General Commercial zoning district if the land use is located on
property that abuts property zoned RS-4, RS-5, RM-5, RM-8, RM-10, RM-
18, and RM-22 zoning districts or that abuts a water body zoned PO
district and if the land use is located on property with a depth equal
to or less than three hundred fifty (350) feet. This land use also is
prohibited in the General Commercial zoning district if the land use is
located on property where the front or rear property lines are three
hundred fifty (350) feet or less from property zoned RS-4, RS-5, RM-5, RM-
8, RM-10, RM-18, or RM-22 districts.
Margate 1,000 and 100 from residential
Palm Springs
250 from intersection-arterial or collector and a parcel occupied by a
church, public or private school, daycare, hospital, governmentally owned
or operated building, nursing home or assisted living facility, theater,
auditorium, stadium area, place of assembly, and/or a public play field or
1,000 in village.
Grass Valley, CA 500
Byron, GA 1,000
Hampton, GA 1-mile
Stockbridge, GA 800
Broomfield, CO 1,000
Wheat Ridge, CO 1,000
Dearborn Heights, Mich. 500
Other States
County
City
Other Florida Communities