Agenda 07/08/2014 Item # 10BProposed Agenda Changes
Board of County Commissioners Meeting
July 8, 2014
Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County
Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a
Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State
Statute. (Commissioner Fiala's request)
Add On Item 10B: Recommendation to 1) Direct staff to develop and bring
forward a Land Development Code Amendment regarding the regulation of
automobile service stations, including gas stations, adjacent to residential
property which have more than eight (8) fuel pumps or provide for fueling of
more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay
the receipt of new applications for development orders regarding automobile
service stations, including gas stations, adjacent to residential property while
the proposed land use regulation is prepared and vetted. (Commissioner
Fiala's request)
Continue Item 1l A to the September 91 2014 BCC Meeting: Recommendation to authorize advertising an
ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency
roadway improvements made to Platt Road. (Commissioner Nance's request)
Withdraw Item 11E: Recommendation to award Bid No. 14 -6269, "Collier County Northeast
Recycling Drop -off Center," to Cleveland Construction in the amount of $5,156,769.21; and, authorize
a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery," to
Project 59009, "Northeast Recycling Drop -off Center." (Staffs request)
Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards
Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of
the Twentieth judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a
traffic control box in the amount of $30,771.56, plus costs of litigation. (County Attorney's request)
Note:
Item I IC Executive Summary title should read: Recommendation to approve an Agreement for Sale and
Purchase with Asset Recovery XVIII, LLC, for the purchase of property to accommodate the future
Wilson/Benefield Benfield alignment and improved access to the Resource Recovery Business Park and
approve a budget amendment.
Also, in the Objective section, the reference to a "302 + / -" acre parcel should be revised to a "305.59" acre
parcel. (Staffs request)
Item 16A1 Executive Summary title should read: Recommendation to approve an extension of two three
years for completion of Site Development Plan (SDP) improvements associated with Tenchitas Convenience
Store (SDP AR- 14305) pursuant to Section 10.02.03 H of the Collier County Land Development Code.
(Staffs request)
Proposed Agenda Changes
Board of County Commissioners Meeting
July 8, 2014
Page 2
Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code
enforcement liens with a combined accrued value of $138,238.19, for payment of $4,188.19 and a related
settlement agreement, in the code enforcement actions entitled Board of County Commissioners v. Judith
Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282,
CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND
CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida.
Also, the Recommendation section should read: That the Board of County Commissioners waives accrued
fines in the amount of $134,050, accept payment of $4,188.19, releases the liens, and authorizes the Chairman
to sign the attached lien releases for recording in the Official Public Records, and attached Mutual General
Release and Settlement Agreement. (Staffs request)
Item 16E10: For purchases estimated to be greater than $50,000 per order and less than $200,000 per
order, the department may quote out work among the awarded vendor(s) with Purchasing Department
approval. (Staffs request)
Items 17B and 17C: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. (Staffs request)
Time Certain Requests:
item 11D to be heard at 10:45 a.m. (Commissioner Fiala's request)
7/8/21117 10:08 AM
Martha S. Vergara
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good afternoon,
Brock, MaryJo
Monday, July 07, 2014 2:35 PM
DLCOMM; Minutes and Records; Klatzkow, Jeff; Neet, Virginia; Althouse, Tammy;
Durham, Tim; Sheffield, Michael; Price, Len; Yilmaz, George; Carnell, Steve; Casalanguida,
Nick; Crystal K. Kinzel; Flanagan, Jim; Hayes, Karen; Pettit, Jim; Scardino, Alexandra;
Smith, Camden
Brock, MaryJo
Add on item(s)
Add On Item 10A.pdf; Add On Item 10B.pdf
Attached please find two add on items to tomorrow's agenda. Items 10A and 10B.
-40—
Thank you, MJ
Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office
maryjobrock @colliergovnet
239.252.8364
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Under Florida 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 mail to this entity. Instead, contact this office by telephone or in writing.
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Add On Item 10B
July 8, 2014 BCC Meeting
EXECUTIVE SUMMARY
Recommendation to 1) Direct staff to develop and bring forward a Land Development
Code Amendment regarding the regulation of automobile service stations, including gas
stations, adjacent to residential property which have more than eight (8) fuel pumps or
provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a
resolution to stay the receipt of new applications for development orders regarding
automobile service stations, including gas stations, adjacent to residential property while
the proposed land use regulation is prepared and vetted.
OBJECTIVE: To develop a Land Development Code (LDC) Amendment which would examine
the limitation of automobile service stations, including gas stations, which have more than eight
(8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time to be located
adjacent to residential property. Further, to stay the receipt by the Growth Management Division
of new applications for development orders regarding automobile service stations adjacent to
residential property, while the proposed amendment is prepared and publicly vetted with the
public and through the County's advisory boards.
CONSIDERATIONS: The proposed amendment will examine the intensity, compatibility, and
land use effects of automobile service stations next to residential property and the proposed
land use regulations which will address these impacts. This analysis is relevant because over
time, the conventional automobile service station has transformed both in intensity and in use.
Traditionally, automobile service stations were comprised of a small service department with
limited fueling stations, generally providing for four cars to obtain gas at any one time. Today,
common applications for service stations consist of a large convenience store and a far greater
number of fueling stations. The change in intensity and use of the traditional service station can
be magnified when located next to residential property.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land
development code amendments.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Florida's common law recognizes a process known as "Zoning in
Progress" where the local government may stay new applications for development orders as
defined in the LDC while a Board directed regulatory change is underway. Zoning in Progress
is a defense that local governments may assert against a legal claim of vested rights when a
landowner sues to avoid having to comply with a zoning regulation. Such cases arise when
someone applies for zoning approval under the existing set of regulations, but after a change to
those regulations is already formally "in progress ". In Smith v. City of Clearwater, 383 So.2d
681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407, the court stated that an applicant is entitled to
a permit under existing regulations only if the proposed regulation that would preclude the
intended use is not "pending" when application is made. A proposed government 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 685. In other words, upon approval of this item and
the proposed resolution, staff will no longer accept applications for new development orders
seeking approval of Automobile Service Stations adjacent to residential property until the Land
Page I of 2
RM
Add On Item 1013
July 8, 2014 BCC Meeting
Development Code amendment is heard by the Board. This item is approved as to form and
legality. A majority vote is needed for approval of staff direction and the Resolution, however,
an affirmative vote of four is needed for the future land development code amendment. - -JAK
RECOMMENDATION: To 1) Direct staff to develop and bring forward a Land Development
Amendment regarding the regulation of automobile service stations, including gas stations,
adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling
of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of
new applications for development orders regarding automobile service stations, including gas
stations adjacent to residential property, while the proposed land use regulation is prepared and
vetted.
Prepared By: Commissioner Donna Fiala
lOB
RESOLUTION NO. 14-
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 BENG
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
day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
CP \14 -COA -00209
2of2
TOM HENNING, Chairman
GAS STATION PROJECTS IN COLLIER COUNTY
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Project Description
Approz distance to Residential toning
Application Type &Status
ist "
mmission
Location
Project Name
J
Construct on of a 7 -11 Convenience and Gas
7 to Sleet Meadows residential units
P120140001124 - Pre -App held on June 3, 2014.. No
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Fiala
8370 Sierra Meadows Blvd. `
7 -11
Station
SOP proposing a Murphy Oil USA fueling
and 141' to Discovery Yltaga
application submitted to date.
station with a 1,200 9 prefabricated
convenience store, an overhead canopy with 8
Adjacent to HoBday Manor Mobile
SOP - PL20130000773. Application pending final
1 ',
Fiala
Coiner Blvd
Murphy Otl
pumping islands, two - 20,000 gallon
Home Pe rk
approval.
underground storage tanks, and associated
outside sales to include two ice bones, an
,',: •. ' -
�-
air/vac statlon,and a propane tartk pad..
Construct a RaceTrac gas station and
associated site improvements on a vacant
Adjacent to mobile horns and Hitching
PL20140001388 Pre -App scheduled for July 3, 2014.
3
Fiala
7amlami Trail East
ReceTraC Gas Station
commercial parcef off US-4L Site to include a
Post recreatiortal area .
5,929 SF COf erriQnee store bua?idine With Putt,
SDP with DR for Architectural & landscape
Pt201400f)0378 Applcaton under review.
-Auto Service Petition Waiver for
1 ''
Fiala :
2045 Tamiami Trail Easy
RaceTrac Gas Statiort at Palm Street
Buffers for new 5,9285E commercial retail
Adjacent to singe family residential
PL2fl140000797
separation requirements.
store with 24 Gas pumps.
poi - PL201400008S9 - Application under review.
5Dp Ta construct a Raceinc Gas Stationand
Convenience Store At the SW earner of the
735' from Sierra Meadows residerRiaf
1)Rt - Pt20i40000893 -Site Development Plan
-0859
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Sierra Meadows PUO Rattlesnake &
z—,ATrac Gas Station
intersection of Rattjesnake Hammock and
VH
unts and adjacerd to JNscovery lags
companion item to DRI - P1- 2014 - No
Pa
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Fiala
Colder Blvd.
Coiner Blvd.
application submitted to date.
Site Plan with Deviations Application to SOP -
Adoce nt w Henderson Craelc mobil
SOP with DR - PL20140001177 4o SOP 2ti100002630.
Building Permits for the Canopy; burnpater Encimure
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Fiala
6190 Coll;er sfvd.
RaceTrac Gas Station at Manatee
2OSD00016AG for Arrhitectu4 & Landscape.
hoMS
and Cone. Store are c uredtly under review_
a
Application to demolish tfae existiri g
b
SDP Pt20100Q0WG SfIP approved, pending fare
t Preiults f¢r` UrJrn
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ey+sc�Stg*w z. stye
�attonanelctuiStt► a4 i"*ta�c,
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roatir+aittiY'under
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{tACETAAC gas station.
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