Agenda 09/27/2016 Item #16B3 16.8.3
09/27/2016
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to work with Staff to advertise and bring back to
the Board for a Public Hearing an Ordinance to implement a temporary Moratorium to stay the
receipt of new applications for development orders for facilities with fuel pumps, including gas
stations, along the US 41, Airport Road and Davis Boulevard corridors within the
Bayshore/Gateway Community Redevelopment Area (CRA), while CRA staff updates its
Redevelopment Plan and alternate land development regulations are prepared and vetted.
OBJECTIVE: To update the CRA development plan and temporarily stay the receipt by the Growth
Management Department of new applications for development orders regarding facilities with fuel pumps
along the US 41, Airport Road and Davis Boulevard corridors within the Bayshore/Gateway CRA, while
the redevelopment plan is being updated and proposed land development regulations resulting from
recommendations of the proposed plan are prepared and vetted with the public and the CRA advisory
boards.
CONSIDERATIONS: The Board of County Commissioners (Board) of Collier County determined that
the Bayshore and Gateway Triangle Community Redevelopment areas of the County merited public
attention to determine means through which economic and physical redevelopment could alter the
negative image of the areas and generate conditions that are commensurate with their very favorable
location. The entire area is characterized by a great variety of land uses, often with inappropriate
proximity relationships, and the deterioration that is common with older fringe areas. Widening projects
on Tamiami Trail and Davis Boulevard have eliminated the front yard setbacks of many of the abutting
properties. Recently there have been a proliferation of requests for gas stations along the US 41 corridor
in the area which may transform the character of what is considered the entry into the CRA to an
industrial image inconsistent with the goals and objectives of the Redevelopment Plan.
During the September 13, 2016 CRA Advisory Committee Meeting, the issue was discussed and the
committee unanimously voted to request that the Board put a hold on the acceptance of new applications
for development orders for automobile service stations, including gas stations, within the CRA District
until such time that the Redevelopment Plan is developed/updated.
The CRA will be preparing an updated Redevelopment Plan during the 2017 fiscal year which will
address what development and associated land uses should be encouraged along the US 41, Airport Road
and Davis Boulevard corridors. The Plan will also address how facilities with fuel pumps are to be
incorporated into the development pattern so as to not adversely impact residential and other non-
commercial uses within the District.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land development
code amendments.
GROWTH MANAGEMENT IMPACT: This item has no Growth Management impact.
LEGAL CONSIDERATIONS: The Second District Court of Appeals adopted the "pending ordinance
doctrine" in the case of Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403
So.2d 407. The court in Smith, supra at 689, stated that an applicant is entitled to a peimit under existing
regulations only if the proposed regulation that would preclude the intended use is not "pending" when
I Packet Pg. 740
16.6.3
09/27/2016
application is made. A proposed governmental action is deemed "pending" if there are active and
documented efforts by those authorized to develop and prepare the proposed regulatory change, and the
local governing board or planning board is aware of these efforts. Smith, supra, at 689. In other words,
upon approval of this item, staff will no longer accept applications for new development orders seeking
approval of facilities with fuel pumps along the US 41, Airport Road and Davis Boulevard corridors
within the Bayshore/Gateway CRA, while the redevelopment plan is being updated and proposed land
development regulations resulting from recommendations of the proposed plan are prepared and vetted
with the public and the CRA advisory boards.
With that said, this item is approved as to form and legality, with majority vote is needed for approval of
this item. -JAK
RECOMMENDATION: To direct the County Attorney to work with Staff to advertise and bring back
to the Board for a Public Hearing an Ordinance to implement a temporary Moratorium to stay the receipt
of new applications for development orders regarding facilities with fuel pumps, including gas stations,
along the US 41, Airport Road and Davis Boulevard corridors within the Bayshore/Gateway CRA
District, while the Community Redevelopment Agency (CRA) staff updates its Plan and alternate land
development regulations are prepared and vetted.
Prepared by: Michelle Arnold, PTNE Division Director
Packet Pg.741
16.6.3
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.3
Item Summary: Recommendation to direct the County Attorney to work with Staff to advertise
and bring back to the Board for a Public Hearing an Ordinance to implement a temporary Moratorium to
stay the receipt of new applications for development orders for facilities with fuel pumps, including gas
stations, along the US 41, Airport Road and Davis Boulevard corridors within the Bayshore/Gateway
Community Redevelopment Area (CRA), while CRA staff updates its Redevelopment Plan and alternate
land development regulations are prepared and vetted.
Meeting Date: 09/27/2016
Prepared by:
Title: Division Director -Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
09/19/2016 4:04 PM
Submitted by:
Title: Division Director-Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
09/19/2016 4:04 PM
Approved By:
Review:
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/19/2016 4:53 PM
Public Services Department Amanda 0.Townsend Level 1 Add Division Reviewer Completed 09/19/2016 5:13 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/20/2016 10:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/20/2016 10:21 AM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/20/2016 11:55 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2016 2:32 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/20/2016 2:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pa. 742