Resolution 2014-155 RESOLUTION NO. 14- 1 55
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
DIRECTING COUNTY STAFF TO DEVELOP PROPOSED LAND USE
REGULATIONS RELATING TO THE PROHIBITION OF
AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL
PUMPS, OR WHICH PROVIDE FOR FUELING OF MORE THAN
EIGHT (8) CARS AT ONE TIME, ADJACENT TO RESIDENTIAL
PROPERTY AND THAT SUCH PROPOSED ORDINANCE IS BEING
DRAFTED AND WILL BE PROMPTLY SUBMITTED TO THE BOARD'S
LOCAL PLANNING AGENCY (LPA) FOR ITS CONSIDERATION AND
RECOMMENDATION; DIRECTING THAT THE LPA PROVIDE
RECOMMENDATIONS, AFTER ITS DUE CONSIDERATION WITH
REGARD TO SUCH PROPOSED LAND USE AND DEVELOPMENT
REGULATIONS; DECLARING THAT THE DEVELOPMENT OF SUCH
REGULATIONS AND THE ZONING PROCESS RELATED THERETO
CONSTITUTES "ZONING IN PROGRESS;" DIRECTING THAT
DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE STATIONS
ADJACENT TO RESIDENTIAL PROPERTY NOT BE ISSUED UNTIL
THE "ZONING IN PROGRESS" HAS BEEN COMPLETED BY FINAL
CONSIDERATION OF SUCH PROPOSED LAND USE AND
DEVELOPMENT REGULATIONS BY THE COUNTY.
WHEREAS, the Board of County Commissioners of Collier County (`Board") has
directed County staff to develop proposed land use regulations addressing the regulation of
automobile service stations in certain areas; and
WHEREAS, County staff is in the process of preparing a proposed ordinance addressing
automobile service stations adjacent to residential property; and
WHEREAS, the proposed ordinance will be considered by the County's LPA as required
by the County's Land Development Code; and
WHEREAS, no final consideration or decision can be made by the Board except through
the legally required and publicly advertised Land Development Code amendment process; and
WHEREAS, the County finds that the issuance of any development orders for the
construction of automobile service stations adjacent to residential property during this "zoning in
progress" is detrimental to the best interests of the citizens of the Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The Board hereby determines that it is appropriate and in the best interest of the
citizens of Collier County to study, consider and develop land use regulations to address and/or
regulate the construction of automobile service stations adjacent to residential property within
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the county. Until such time as the Board has an opportunity to consider the proposed land use
regulations and the recommendations of staff and the LPA, the issuance of development orders,
such as site development plans, for the construction of automobile service stations adjacent to
residential property shall be prohibited, unless an application for said development order is
pending prior to the adoption of this resolution.
2. The Board hereby declares that the process currently in effect with regard to the
development and consideration of land use regulations relating to automobile service stations
constituted "zoning in progress".
3. In the event that any person or entity is denied a development order, including a site
development plan or building permit or other approval as a direct result of the prohibition set
forth above, such person or entity may appeal such denial to the Board of Zoning Appeals. The
fee for such appeal is hereby waived. For any appeal that is filed, the Board shall consider same
in a properly noticed meeting and after due consideration, may authorize the approval of a
development order for an automobile service station upon a finding that such approval is not
contrary to the long term goals of this Resolution and is not disadvantageous to the health, safety
and welfare of the general public.
THIS RESOLUTION ADOPTED after motion, second and majority vote this ' -\--\--N
day of s u\\ , 2014.
A"lTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT-E. BROcK, CLERK COLLIER COUNTY, LORIDA
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4 :: Deputy Ci s y TOM HENNIN I, hairman
Attest asto Cha' ' s. J /
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Jeffrey • 1:tzkow
County •'! •I ey
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