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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. Packet Page -108- 7/7/2015 9.D. 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 Packet Page -109- 7/7/2015 9.D. 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 Packet Page -110- 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 Packet Page -111- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined tenn. �-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. Packet Page -112- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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, Packet Page -113- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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 Packet Page -114- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined tens. 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: ►. Packet Page -115- n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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. 61 Packet Page -116- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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. Packet Page -117- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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 11 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 7 Packet Page -118- 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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 8 Packet Page -119- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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 Packet Page -121- 7/7/2015 9.D. Text underlined is new text to be added Bold text indicates a defined term 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 Packet Page -122- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 IV D E F. G. H. I. 7/7/2015 9.D. Text underlined is new text to be added. Bold text indicates a defined term. 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. # # # # # # # # # # # # 12 Packet Page -123- N C O m a U L N'f O O 3 Q Ln q Ln O U N 0 J O C G1 E Q V U i O 1 O N N C O f0 C C E O U 41 M L O m A L a C U v m i L O c O In a:v ey U aJ U E L CU L!') 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DRAFT 6129115 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 Page 1 of 16 Words stuek #ffeugh are deleted, words underlined are added Packet Page -125- 7/7/2015 9.D. DRAFT 6129115 /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 Page 2 of 16 Words stuek4heu0 are deleted, words underlined are added Packet Page -126- 7/7/2015 9.D. DRAFT 6129115 * * * * * * * * * * * * * 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. Page 3 of 16 Words s4wAi4hrouO are deleted, words underlined are added Packet Page -127- 7/7/2015 9.D. DRAFT 6129115 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, Page 4 of 16 Words st- w4&dweuO are deleted, words underlined are added Packet Page -128- 7/7/2015 9.D. DRAFT 6129115 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 Page 5 of 16 Words stnwk4hFough are deleted, words underlined are added Packet Page -129- 7/7/2015 9.D. DRAFT 6129115 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. Page 6 of 16 Words stmek dwough are deleted, words underlined are added Packet Page -130- 7/7/2015 9.D. DRAFT 6129115 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 Page 7 of 16 Words stmek4hFatigh are deleted, words underlined are added Packet Page -131- 7/7/2015 9.D. DRAFT 6129115 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 Page 8 of 16 Words stmek thfeug are deleted, words underlined are added Packet Page -132- 7/7/2015 9.D. DRAFT 6129115 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) Page 9 of 16 Words stnwk t reugh are deleted, words underlined are added Packet Page -133- 7/7/2015 9.D DRAFT 6129115 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. Page 10 of 16 Words stFuek Neagh are deleted, words underlined are added Packet Page -134- 7/7/2015 9.D. DRAFT 6129115 Illustration 1. Facilities with Fuel Pumas R.O. W. Landscape Requirements Page 11 of 16 Words stpaek4hreugh are deleted, words underlined are added Packet Page -135- 1 r ILLUSTRATION 1 y 116- ` At TREE -tTYP.) a �d� BUILDING i n ° PALM ITYP.) t: r o" jS 26' WIDE �� CANOPY BUFFER 3:1 BERM ® V NT. T— W' MIN DOUBLE ROW 20' MAX 11 P' DISTANCE BETWEEN TREES 5 EDGE PAVEMENT 20' MAX DISTANCE ° BETWEEN CLUSTERS 10' MAX ie 1 •°'� n - °.+. BETWEEN PALMS d 26, I BUFFER S A .a • �tc� , Y 20' R.O.W. SHRUB 6 GROUND MAX MAX SPACING COVER BETWEEN EDGE TREES MIN. 3PALMS PER CLUSTER AT PAVEMENT ENTRANCES MA 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 Page 11 of 16 Words stpaek4hreugh are deleted, words underlined are added Packet Page -135- 1 r 7/7/2015 9.D. DRAFT 6129115 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. Page 12 of 16 Words stuek thfough are deleted, words underlined are added Packet Page -136- 7/7/2015 9.D. DRAFT 6129115 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 Page 13 of 16 Words stnwk4lifeugh are deleted, words underlined are added Packet Page -137- 7/7/2015 9.D. DRAFT 6129115 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: Page 14 of 16 Words stn+ek4hFeu0 are deleted, words underlined are added Packet Page -138- 7/7/2015 9.D. DRAFT 6129115 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 Page 15 of 16 Words &# elm are deleted, words underlined are added Packet Page -139- 7/7/2015 9.D. DRAFT 6129115 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 Page 16 of 16 Words stFae' � .= are deleted, words underlined are added Packet Page -140- 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 r 0 a 3 lD a N C �G N O LIA-