Item J13 J.13
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: J.13
Agenda Item Summary #11994
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Discussion and Direction Regarding Potential Amendments to the
Land Development Code and/or Comprehensive Plan Regarding Gas Stations (a.k.a. "Fuel
Stations"), and Whether to Advertise a Public Hearing For an Interim Development Ordinance
Suspending Acceptance, Processing, and Approval of Certain New Applications for Gas Station
Development Approval During the Amendment Process.
ITEM BACKGROUND:
On March 22, 2023, during a regular meeting of the Monroe County Board of County
Commissioners ("BOCC", "Monroe County", or the "County"), Mr. Andrew Tobin addressed the
BOCC during a Sounding Board item (Agenda Item R.1) regarding "the proliferation of gas stations
and the need to amend the land development regulations." Mr. Tobin requested the BOCC consider
amending the text of the Monroe County Land Development Code ("LDC") pertaining to gas
stations (i.e., fuel stations) in the unincorporated county. In the attached March 27, 2023, follow-up
e-mail to members of the BOCC, Mr. Tobin suggested specific changes to BOCC regulations, and a
,'moratorium based on `zoning in progress' which allows the County to study the issues." The stated
concerns include, but are not limited to, County Land Development Code and/or Comprehensive
Plan use and intensity classifications applicable to a gas station, the bulk regulations applicable to a
gas station, and the imposition of conditions of permitting approval for a gas station such as
prohibiting televisions and/or radio programming at fuel pumps.
At the March 22, 2023, meeting, the BOCC indicated support for its professional staff to place a
discussion item on the April 19, 2023, BOCC meeting agenda to discuss the issues raised relating to
gas stations, and to consider a potential interim development ordinance ("IDO") that would suspend
acceptance of new applications for gas stations while professional staff works through possible
amendments to the governing laws and regulations.
The current LDC regulates gas stations as a "commercial retail" use, with a distinction made
between low-intensity, medium-intensity, and high-intensity commercial retail uses, per the
definition of"commercial retail use" in LDC Section 101-1:
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Commercial retail use means a use providing primarily for the sale of consumer goods,
products, merchandise or services at retail. Commercial retail uses are subdivided into the
following intensity classifications:
(1) Commercial retail low-intensity means commercial retail uses that generate less
than 50 average daily trips per 1,000 square feet of floor area.
(2) Commercial retail medium-intensity means retail uses that generate between 50 and
100 average daily trips per 1,000 square feet of floor area.
(3) Commercial retail high-intensity means retail uses that generate above 100 average
daily trips per 1,000 square feet of floor area.
Within each Land Use District, commercial retail of different intensities may or may not be
permitted, with varying levels of approval required depending on the intensity, and varying
conditions required for the use. For example, per LDC Section 130-93, commercial retail is
permitted within the Suburban Commercial ("SC") district as follows:
(a) The following uses are permitted as of right in the Suburban Commercial district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of
low and medium intensity, and of less than 2,500 square feet of floor area;
(b) The following uses are permitted as minor conditional uses in the Suburban
Commercial district, subj ect to the standards and procedures set forth in chapter 110,
article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low
and medium intensity, and of greater than 2,500 but less than 10,000 square feet
of floor area,provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side
of U.S. 1 by at least 400 feet;
(2) Commercial retail, restaurant uses, or any combination thereof, of high
intensity, and of less than 2,500 square feet in floor area; provided that access to
U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side
of U.S. 1 by at least 400 feet;
(c) The following uses are permitted as major conditional uses in the Suburban
Commercial district subject to the standards and procedures set forth in Chapter 110,
Article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low
and medium intensity, and of greater than 10,000 square feet in floor area,
provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side
of U.S. 1 by at least 400 feet;
(2) Commercial retail, restaurant uses, or any combination thereof, of high
intensity, and greater than 2,500 square feet in floor area,provided that access to
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U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side
of U.S. 1 by at least 400 feet;
In addition, the Key Largo Livable CommuniKeys Master Plan, which is adopted as part of the
Monroe County Comprehensive Plan, includes two adopted overlay districts in which "commercial
retail high intensity uses that generate more than one hundred fifty (150) trips per one thousand
square feet of floor area shall not be allowed."
Commercial retail uses are also subject to all other requirements of the LDC, including, but not
limited to:
Sec. 114-67. -Required Off-Street Parking
Sec. 114-69. -Required Number and Size of Loading/Unloading Spaces.
Sec. 114-100.-Required Landscaping.
Sec. 114-126.-District Boundary Buffers.
Sec. 114-127.-Required Scenic Corridor and Major Street Buffers.
Sec. 114-159.-Outdoor Lighting.
Sec. 118-9. -Clearing Allowances.
Sec. 130-164.-Maximum Nonresidential Land Use Intensities and District Open Space.
Sec. 131-1. -Required Setbacks.
Sec. 131-2. -Maximum Height.
Sec. 138-47. -Nonresidential Rate of Growth Ordinance(NROGO).
Sec. 139-1(f)Nonresidential Inclusionary housing requirements.
Chapter 142—SIGNS
The Monroe County Planning and Environmental Resources Department ("Department")
professional staff are requesting direction from the BOCC regarding potential changes to the current
laws and regulations, and/or whether to advertise a public hearing for an IDO that would impose a
temporary moratorium upon the acceptance, processing, consideration, and approval of new
applications for Comprehensive Plan or Land Development Code amendments, development
agreements (including 380 development agreements), minor and major conditional use permits, and
building permits (other than for life-safety situations or repairs and/or replacements that do not
constitute an expansion of the number of fuel station pumps or expansion of the use to occupy
additional land area), which propose to in whole or in part develop or redevelop a gas station or a
portion thereof, for 365 days or until Land Development Code and/or Comprehensive Plan
amendments become effective, whichever comes first.
Department professional staff are also requesting clarification as to whether the BOCC intends for
such amendments and/or IDO to apply to gas/fuel pumps at marinas, marine facilities, and like sites
exclusively providing marine fuel only as well.
A draft IDO is attached for consideration if the BOCC wishes to proceed.
PREVIOUS RELEVANT BOCC ACTION:
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March 22, 2023 regular meeting — The BOCC indicated support for professional staff to prepare a
discussion item relating to laws and regulations for fuel stations, and to consider a potential interim
development ordinance that would suspend acceptance of new applications for fuel stations while
staff works through possible amendments to said laws and regulations.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: The professional staff request direction from the BOCC
regarding potential changes to the current Land Development Code and/or Comprehensive Plan
and/or whether to advertise a public hearing for an Interim Development Ordinance ("IDO")that
would impose a temporary moratorium upon the acceptance of,processing of, and approval of new
applications for certain development approval for development or redevelopment of gas stations.
The professional staff also request clarification as to whether the BOCC intends for such
amendments and/or IDO to apply to gas/fuel pumps at marinas, marine facilities, and like sites
providing marine fuel as well.
DOCUMENTATION:
DRAFT Gas Station Interim Development Ordinance (IDO)
Tobin Email 3-27-2023 GAS STATION-CONVENIENCE STORES
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
N/A
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REVIEWED BY:
Emily Schemper Completed 04/04/2023 1:00 PM
Peter Morris Completed 04/04/2023 1:37 PM
Purchasing Completed 04/04/2023 1:47 PM
Budget and Finance Completed 04/04/2023 2:19 PM
Brian Bradley Completed 04/04/2023 2:20 PM
Lindsey Ballard Completed 04/04/2023 2:41 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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J.13.a
I ORDINANCE NO. -2023
2
3 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
4 COUNTY COMMISSIONERS DEFERRING THE ACCEPTANCE,
5 PROCESSING, CONSIDERATION, AND APPROVAL OF NEW
6 APPLICATIONS FOR COMPREHENSIVE PLAN OR LAND
7 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT
8 AGREEMENTS (INCLUDING 380 DEVELOPMENT
9 AGREEMENTS), MINOR AND MAJOR CONDITIONAL USE
10 PERMITS, AND BUILDING PERMITS (OTHER THAN FOR LIFE-
II SAFETY SITUATIONS OR REPAIRS AND/OR REPLACEMENTS
12 THAT DO NOT CONSTITUTE AN EXPANSION OF THE
13 NUMBER OF FUEL STATION PUMPS OR EXPANSION OF THE
14 USE TO OCCUPY ADDITIONAL LAND AREA), WHICH
15 PROPOSE TO IN WHOLE OR IN PART DEVELOP OR 2
16 REDEVELOP A GAS STATION OR A PORTION THEREOF,
17 COMMENCING , 2023, UNTIL THE BOCC CAN
18 REVIEW AND POSSIBLY AMEND THE LAND DEVELOPMENT
19 CODE AND/OR COMPREHENSIVE PLAN REGARDING THE
20 DEVELOPMENT AND REDEVELOPMENT OF GAS STATIONS;
21 PROVIDING FOR EXPIRATION IN NO MORE THAN 365 DAYS
22 OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT
23 ORDINANCE OR WHEN THE LAND DEVELOPMENT CODE
24 AND/OR COMPREHENSIVE PLAN AMENDMENTS BECOME
25 EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE
27 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
28 STATE; PROVIDING FOR AN EFFECTIVE DATE.
29
30 WHEREAS, public concern has been expressed, including but not limited to C
31 pursuant to Item R.I. (Sounding Board) of the revised agenda of the Monroe County
32 Board of County Commissioners' ("BOCC", "Monroe County", or "County") meeting
33 held in Key Largo on March 22, 2023, regarding the development and redevelopment of
34 convenience stores with fueling stations, commonly known as "gas stations", and the
35 contemporaneity of and the public policies promoted by the County's laws and E
36 regulations governing the development and redevelopment of gas stations in the 2
37 unincorporated Florida Keys; and
38 U)
39 WHEREAS, these public concerns include, but are not limited to, the County
40 Land Development Code and/or Comprehensive Plan use and intensity classifications
41 applicable to a gas station, the bulk regulations applicable to a gas station, and the
42 imposition of conditions of permitting approval for a gas station such as prohibiting
43 televisions and/or radio programming at fuel pumps; and
44
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45 WHEREAS, pursuant to Article 8 of the Florida Constitution and Fla. Stat. §§
46 125.01 and 125.66, Monroe County possesses the police power(s) to enact ordinances in
47 order to protect the public health, safety, and welfare; and
48
49 WHEREAS, the BOCC desires to process an ordinance to impose a temporary
50 moratorium upon the acceptance, processing, consideration, and approval of new
51 applications for Comprehensive Plan or Land Development Code amendments,
52 development agreements (including 380 development agreements), minor and major
53 conditional use permits, and building permits (other than for life-safety situations or
54 repairs and/or replacements that do not constitute an expansion of the number of fuel U)
55 station pumps or expansion of the use to occupy additional land area), which propose to
56 in whole or in part develop or redevelop a gas station or a portion thereof, and
57
58 WHEREAS, the BOCC's policies and regulations adopted in the Monroe County
59 Comprehensive Plan and Land Development Code are to maintain the public health, 2
60 safety, and welfare of the residents of and visitors to the unincorporated Florida Keys and
61 to strengthen our local government capability to manage land use, growth and
62 development; and
63 U)
64 WHEREAS, the BOCC has identified and discussed materially relevant
65 concerns, such as those enumerated above, regarding the development and redevelopment
66 of gas stations in the unincorporated Florida Keys; and
67
68 WHEREAS, an ordinance addressing the interim time period between the current
69 adopted Comprehensive Plan and Land Development Code and the adoption of any new
70 amendment(s) (new definitions and/or other Comprehensive Plan or Land Development
71 Code requirements) is necessary to ensure that any new definitions and/or other
72 Comprehensive Plan or Code requirements are fully evaluated to ensure the public health,
73 safety, and welfare of the residents of and visitors to the unincorporated Florida Keys, E
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74 including the provision of public participation in the planning process; and C
75
76 WHEREAS, Monroe County's professional staff have been directed to process
77 an interim development ordinance to impose a temporary moratorium deferring the
78 acceptance, processing, consideration, and approval of new applications, commencing
79 2023, until the BOCC can review and possibly amend the Land E
80 Development Code and/or Comprehensive Plan regarding the development and 2
81 redevelopment of gas stations and associated gas station improvements, providing for 0
82 expiration in not more than 365 days of the effective date of an interim development U)
83 ordinance or when the Land Development Code and/or Comprehensive Plan amendments
84 become effective, whichever comes first; U_
85
86 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ..
87 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
88
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89 SECTION 1. — Recitals and Legislative Intent. The foregoing recitals, findings of fact,
90 statements of legislative purpose and intent, and conclusions of law, are true and correct
91 and are hereby incorporated as if fully stated herein.
92
93 SECTION 2. — Title. This ordinance shall be titled the "Gas Station Interim
94 Development Ordinance (IDO)."
95
96 SECTION 3. — Moratorium Imposed. The Monroe County Planning and
97 Environmental Resources Department and the Monroe County Building Department shall
98 defer the acceptance, processing, consideration, and approval of new applications, U)
99 commencing 2023, for Comprehensive Plan or Land Development
100 Code amendments, development agreements (including 380 development agreements), s
101 minor and major conditional use permits, and building permits (other than for life-safety
102 situations or repairs and/or replacements that do not constitute an expansion of the
103 number of fuel station pumps or expansion of the use to occupy additional land area), 2
104 which propose to in whole or in part develop or redevelop a gas station or a portion
105 thereof, until the BOCC can review and possibly amend the Land Development Code
106 and/or Comprehensive Plan regarding the development and redevelopment of gas stations
107 and associated gas station improvements, in not beyond 365 days of the effective date of U)
108 this interim development ordinance or when the Land Development Code and/or
109 Comprehensive Plan amendments become effective, whichever comes first.
110
111 SECTION 4. — Term. The moratorium imposed by this ordinance is temporary and,
112 unless dissolved earlier by the Monroe County Board of County Commissioners, shall
113 automatically dissolve upon 365 days from the effective date of this ordinance or upon
114 the complete adoption and effectiveness of all Land Development Code and/or
115 Comprehensive Plan amendments whose consideration and approval arises from this
0
116 ordinance, whichever is earlier. In no event, however, shall the moratorium imposed by
117 this ordinance extend beyond 365 days from the effective date of this ordinance.
118 0
119 SECTION 5. — Construction. The interpretation of this ordinance, and all provisions of
120 the Monroe County Codes, Comprehensive Plan, floodplain management regulations, and
121 Florida Building Code whose interpretation arises out of, relates to, or is interpreted in
122 connection with this ordinance, these being necessary for the health, safety, and welfare
123 of the residents of and visitors to unincorporated Monroe County, shall be liberally E
124 construed to effectuate the public purposes and policies hereof, and such interpretations 2
125 shall be construed in favor of the Monroe County BOCC, and such interpretations shall
126 be entitled to great weight in adversarial administrative proceedings, at trial, and on U)
127 appeal
128 U_
129 SECTION 6. — Captions and Paragraph Headings. Captions and paragraph headings,
130 where used herein, are inserted for convenience only and are not intended to descriptively
131 limit the scope and intent of the particular paragraph or text to which they refer.
132
133 SECTION 7. — Severability, Partial Invalidity, and Survival of Provisions. If any
134 provision of this ordinance, or any section, subsection, or part or portion thereof, is held
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135 to be invalid or unenforceable by any administrative hearing officer or court of competent
136 jurisdiction, the invalidity or unenforceability of such provision, or part or portion
137 thereof, shall neither limit nor impair the operation, enforceability, or validity of any 0
138 other provisions of this ordinance, or any remaining section(s), subsection(s), part(s), or
139 portion(s) thereof. All other provisions, parts, and portions thereof shall continue
140 unimpaired in full force and effect.
141
142 SECTION 8. — Transmittal. This ordinance shall be transmitted to the Florida State
143 Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
144
145 SECTION 9. — Filing and Effective Date. The provisions of this ordinance constitute a
146 "land development regulation" as State law defines that term. This ordinance shall be
147 filed in the Office of the Secretary of State of Florida, but shall not become effective until
148 a notice is issued by the State Land Planning Agency or Administration Commission
149 finding the amendment in compliance, and if challenged until such challenged is resolved 2
150 pursuant to Chapter 120, Florida Statutes.
151
152 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
153 County, Florida, at a regular meeting held on the 19th day of April, 2023. U)
154
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155 �+
156 Mayor Craig Cates
157 Mayor Pro Tem Holly Merrill Raschein
158 Commissioner James K. Scholl
159 Commissioner David Rice
160 Commissioner Michelle Lincoln
161
162 0
163 u
164 CL
165 (SEAL) 2
166
167 ATTEST: KEVIN MADOK, CLERK
168
169
170 AS DEPUTY CLERK
171
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Schemper-Emily
From: Andrew M.Tobin <tobinlaw@terranova.net>
Sent: Monday, March 27, 2023 3:03 PM
To: BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDISS; Cates-Craig
Cc: Shillinger-Bob; Schemper-Emily; Dottie Moses;tobinlaw@terranova.net
Subject: GAS STATION-CONVENIENCE STORES
Attachments: Napels Daily + Collier County Zoning Regs.pdf U)
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CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
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Mayor/Commissioners:
Thank you for the opportunity to share my concerns about the need to
update the County's "decades old gas station laws." See Naples Daily
Headline attached.
A
The opening paragraph of the Collier County "Facilities with Fueling en
-
Pumps" regulations (also attached) reflects what most of already know.
Gas stations produce adverse impacts.
I would like to be clear. I am not suggesting the County should adopt 8
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pages of restrictions. I am asking the Commission to consider amending
the code to include a legislative finding (similar to Collier County) that
gas stations produce adverse impacts and to include specific regulations. Z
Bottom line, gas stations should not be in the same zoning category as a u
clothing store or office.
Here are my suggestions:
A. Vote to adopt a moratorium based on "zoning in progress" which
allows the County to study the issues.
N
B. Adopt the Collier County Introduction (or something similar) N
C. Adopt some/all of the following regulations.
n
1) Require a 25 foot setback from all of the property lines;
2) Require a 500-1000 foot setback from any other gas station.
3) Require a 150 foot setback from any residential use.
4) Limit the number of pumps to 3 - 2-sided pumps for a total of 6.
5) Prohibit outdoor displays (propane, ice, etc)
6) Prohibit talking/tv pumps
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7) Require bathrooms to be inside
In closing, I would like to thank you for looking out for the people that
live, play and visit the Fabulous Florida Keys.
Respectfully submitted,
Andrew M. Tobin U
Attorney at Law U)
P. O. Box 620
Tavernier, FL 33070
O. 305.852.3388 U)
PRIVILEGE AND CONFIDENTIALITY:The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this
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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 ci
levels of traffic, glare, and intensity of use associated with 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, U
B. Site design requirements.
1. Table of site design requirements:
Minimum dimensions: Site StandardsLO
Mlrllillurn lot area (sq.ft,) 30 000 :3
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MWmum lot width(ft.) 150 2
Minimum lot depth(ft.) 180 a
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Separation from adjacent facilities with fuel pumps(ft.) (based on distance between Soo Ui
nearest points) W
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Minimum setbacks,all structures:
Front yard (ft.) Cn
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Side yard (ft.) 0 0
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-Rear yard(ft.) 40 Ui
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2. Waiver of separation requirements. 0
a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation z
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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
facility with fuel pumps by natural or man-made boundaries,structures, or other features which Cn
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offset or limit the necessity for such minimum distance requirements,The BZA's decisuon 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 facility with fuel pumps.
Such boundary, structure, or other feature may include, but is not limited to,lakes,
mashes,nundevelopable Wetlands,designated preserve areas, Canals, and a of E
a 4-lane arterial or collector right-of-way. LU
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Whether the facility with fuel pumps is only engaged in the servicing of automobiles 0
during regular, daytime business hours,or, if in addition to,or in lieu of servicing, the
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facility with fuel pumps sells food,gasoline, and other convenience items during daytime,
as
nighttime, or on a 24 hour basis. E
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Created: 18:42;54 JESt]
(Sapp. No.26)
Page I of 8
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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. C)
b. The Administrative Code shall establish the submittal requirements for a facility with fuel pumps
waiver request.The request for a facility with fuel pumps waiver shall be based on the submittal
of the required application,a site plan,and a written market study analysis which justifies a need
for the additional facility with fuel pumps in the desired location.
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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 with fuel pumps with the surrounding area and the goals and objectives of the GMP.
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C. Building architecture,site design,lighting,and signage requirements. a
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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:
L Columns must be at least eighteen(18)inches wide on all sides. U
ii. Under-canopy lights must be fully recessed. Lu
iii. Canopies must not be higher than sixteen(16)feet clear.
iv. Canopy standards. M
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a) Canopy roofs shall be consistent with the architectural design and features of 0
the principal structure. Lu
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b) The eave fascia of the canopy shall be of one(1)color,consistent with the Lu
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predominant color and scheme of the principal structure.Color accent banding
on canopy structures is permitted through the Deviations and Alternative c�
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 04
minimum of 20 percent of the canopy length. 0�4
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. Lu
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V. See canopy signage standards in LDC section 5.OS.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. U
(Supp.No.26) Created: 2022-88-25 28:42:54 (EST]
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b. Trash receptacle(s)shall be provided at a convenient location on-site to facilitate litter control.
C. All restrooms and,ATIMs shall be located inside the principal structure,
3. Lighting standards. -0
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,
as
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-candies.
cl. 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,
.2
f. Under-canopy luminance shall be between a minbrum average of 5 foot-candles and a maximum U
average of 20 foot-candles,
4. Signage for facilities with fuel pumps.The following are the only signs allowed in facilities with fuel
pumps and convenience stores with fuel pumps.
a, Window, Wall, and other signs:As allowed in LDC section 5.06.00,
b. An illuminated corporate logo with a maximum area of twelve(12) square feet shall be allowed U
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on a canopy face which is adpacent to a dedicated street or highway. Otherwise accent lighting a
and back lighting are prohibited on canopy structures. Color accent banding on canopies may be M
approved as established in LDC section 5.05.05 C.I.b.iv.(b), above. UJ
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C. One (1)ground or pole sign that advertises the retail price of fuel in accordance with section
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553,79(22)(a)2,, F.S, shall be permitted for each site. However, a MaXIMU111 of two (2)ground UJ
signs, two (2) pole signs or one (1)ground and one (1) pole sign shall be permitted for corner lots. 0
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The maximum sign copy area is sixty(60)square feet.The sign must maintain a minirnum setback W
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of ten (10)feet from any property line or road right-of-way. A minimurn of a two-hundred- LLJ
square-foot landscaped area shall be provided around the base of the sign.The sign structure >
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shall be consistent with the color scheme and architectural design of the principal structure.The 0
0 maximum height established below shall be measured from the average elevation of the vehicle
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use area to the uppermost portion Of the Sign Structure, 0
i. One(1)fuel pricing ground or pole sign wifl be permitted on a frontage of a parcel that
abuts an arterial or collector road right-of-way.The maximum height is limited to twelve M
M(12)feet,An electronic fuel pricing sign may be part of the sign area, subject to the <
standards in 5,05.05 C.4.c,iii. (D
J. One fuel pricing ground sign will be permitted on a frontage of a parcel that abuts a road
right-of-way other than an arterial or collector road right-of-way.The maximum height is
limited to eight(8) feet, An electronic fuel pricing sign is prohibited as part of the sign. 04
If an electronic fuel pricing sign is used as allowed in section 5,05.05 C.4.6,, each:of the
following apply: E
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a) The electronic fuel pricing sign is limited to fuel prices only. .0
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b) Changes to the electronic fuel pricing sign shall occur instantaneously.The
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electronic fuel pricing sign shall remain static without scroll, fade,flash, zoom,
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sparkle,color change, or any illusion of movement. E
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Created 2022-00-25 18:42:54 [EST)
Packet Pg. 2311
J.13.b
c) Such signs shall be constructed with a photocell to compensate for all
conditions,day or nighttime hours,and shall adjust the display's brightness to a
level that is not in excess of 0.3 foot-candies above ambient light levels,as
measured from the most restrictive of the nearest abutting property line or a
distance equal to the square root of[the electronic fuel pricing sign copy area
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multiplied by 100].
d) Exposed lamps,bulbs,or LEDs that are not covered by a lens,filter,or
sunscreen are prohibited. g
e) Electronic fuel pricing signs will be allowed on directory signs only through a
variance,PUD deviation,or SRA deviation.
d. Signage is prohibited above fuel pumps. s
S. Should any of the foregoing standards,or any other requirement of the Land Development Code,
conflict with Section 553.79(22),Florida Statutes,as amended from time-to-time,then Section U
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553.79(22), Florida Statutes shall control,and the County Manager or designee,in consultation with
the County Attorney,will conform the proposed development order in a manner which both satisfies
the statutory requirements while best implementing the intent of the Land Development Code.This
provision shall apply to both facilities with fuel pumps as well as any other business that falls within the
parameters of Section 553.79(22),Florida Statutes. LO
D. Supplemental standards for facilities with fuel pumps within 250 feet of residential U
property. Facilities with fuel pumps shall be subject to the following standards when located within two Cn
hundred fifty(250)feet of residentially zoned or residentially developed properties,hereinafter referred to LU
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 Cn
when it is separated from residential property by a minimum of one hundred(100)feet of designated LU
preserve area that is eighty(80)percent opaque and at least twelve(12)feet in height within one year,or a Z
minimum 4-lane arterial or collector right-of-way. LU
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1. Setbacks.All structures shall provide a minimum fifty-foot front,side,and rear yard setback from >
residential property line(s).
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2. landscaping and masonry wall standards. a
a. Facility with fuel pumps sites shall be separated from residential property by a thirty-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 color, Cn
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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.
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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 E
facility with fuel pumps wall side,a row of canopy trees,spaced thirty(30)feet on center,and U
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 0 0
shall be provided.Required canopy trees shall be staggered to accommodate the canopy trees on
the residential property wall side.
3. Music,amplified sound,and delivery time standards. U
(Supp.No.26) Created: 2022-08-2S 28:42:54 [EST]
Page 4 of 8
Packet Pg. 2312
J.13.b
a. Music and amplified sound 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.C. Deliveries shall be prohibited between the hours of 10:00 p.m.and 7:00 a.m.in the area located
between the neighboring residential property and the facility with fuel pumps.
4. Lighting standards.
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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 grade.Light fixtures elsewhere shall not
exceed a height greater than twenty(20)feet above finished grade. o
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iii. All light fixtures shall be full cutoff with flat lenses. �s
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 five(5)foot-candles.
V. Illumination shall not exceed:
a) 0.5 foot-candles at all residential property lines;and
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b) 0.2 foot-candles at ten(10)feet beyond all residential property lines.
b. Under-canopy lighting.
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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. Cn
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ii. Under canopy luminance shall be between a minimum average of 5 foot-candles and a 0
maximum average of twenty(20)foot-candles. LU
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5. Dumpster enclosures.At a minimum,the dumpster enclosure shall be located at a distance from UJ
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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.
E. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping
and Buffering.
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1. Right-of-way buffer landscaping:
a. Landscaping adjacent to rlghts-of-way external to the development project shall be located �a
within a landscape buffer easement which is a minimum of twenty-five(25)feet in width.Water N
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. o
C. The required trees and palms shall be clustered in double rows with a minimurn 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
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Created: 2822-88-25 18:42:54 [EST]
(Supp.No.26)
Page 5 of 8
Packet Pg. 2313
J.13.b
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 a
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)
gallons,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. Landscaping adjacent to all other property lines shall comply with the requirements in LDC
section 4.06.02.
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b. Curbing shall be installed and constructed,consistent with minimum code requirements,
between all paved areas and landscape areas.
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(Supp.No.26) Created: 2022-08-25 28:42:54 (EST)
Page 6 of 8
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ILLUSTR_ri 10,N....I
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PREPARED 9M`.OFFICE Of WAPMGICO AhO TECH4ZIL SUTORT
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Illustration t. Facilities with Fuel Purnps R.O.W. Landscape Requirements Cn
R Storage tanks shall be located below.grade'..
G. There shall be no outside displays of products,stacking of tires,or other merchandise.
H. No facility with fuel pumps shall have an entrance or exit for vehicles within 200 feet along the same sideIt-
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.
I" Each facility with fuel pumps shall provide the necessary infrastructure and pre-wiring in order to provide LLJ
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the capabilities for generator service in case of emergencies,
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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:
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1. sales and servicing lugs of spark , batteries, distributors, and distributor p plugs, parts..
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C.rE4tLdS 2.E122-0 -25 18.42:54 [EST]
(supp.No.26)
Page 7 of 8
Packet Pg. 2315
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.
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S. Providing and repairing fuel pumps and lines.
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6. Minor motor adjustments not involving removal of the head or crankcase.
7. Greasing and lubrication.
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8. Sales of cold drinks,candies,tobacco,and similar convenience goods for customers.
9. Provision of road maps and other informations
10. No mechanical work shall be allowed outside of the enclosed areas.
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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 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 W
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other work involving undue noise,glare,fumes,smoke,or other characteristics to an extent greater
than normally found in such stations.A facility with fuel pumps is not a facility for the sale of U
automobile vehicles,a repair garage,a body shop,or a truck stop. a
13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the facility
with fuel pumps or if the vehicles have been towed by the 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. 9
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K. 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 facility with fuel pumps or any 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 C.-J.or any other applicable developments
standard shall apply to existing facilities with fuel pumps pursuant to the provisions of 9.03.00
Nonconformities,and all other applicable sections of the Land Development Code.
(Ord.No.09-43,§3.A;Ord. No. 10-23,§3.JJ;Ord.No. 13-56,§3.5;Ord.No.15-46,§2.B;Ord.No.19-35,§3.C)
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Created: 2022-08-25 18:42:54 (EST)
(Supp.No.26)
Page 8 of 8
Packet Pg. 2316
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