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Agenda 09/13/2022 Item #10A (Board discussion implementing a moratorium on new self-storage facilities)09/13/2022 EXECUTIVE SUMMARY Recommendation to have the Board discuss implementing a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along US 41 between the Palm Street/Commercia l Drive/US 41 intersection and the Price Street/US 41 intersection, until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. (Sponsored by Commissioner LoCastro) OBJECTIVE: To have the Board discuss implementing a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the P rice Street/US 41 intersection, until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. CONSIDERATIONS: Since 2010, the County has been working with the East Naples community to establish a development plan for the East Naples area. The US 41 Corridor Study completed in 2018 served as a basis for the East Naples Community Development Plan, which was finalized in November 2020. The Corridor Study aimed to determine public preferences for future development types and uses along this segment of US 41 so that those types of development and uses could be facilitated and incentivized through Comprehensive Plan policies and Land Development Code updates. The corridor is currently comprised of shallow C-3, C-4, C-5 and Planned Unit Development (PUD) zoning districts, which provides for a potentially inconsistent commercial development pattern for the area and proliferation of uses such as gas stations, car washes, pawn shops, and self-storage facilities. These types of land uses and development are inconsistent with the vision desired for the corridor as identified in the East Naples Community Development Plan. Staff is currently working on Comprehensive Plan and Land Development Code updates that implement the recommendations of the Corridor Study and the East Naples Community Development Plan, and expects to present the amendments to the Board early next year. In order to better allow the East Naples area to grow and expand consistent with the vision outlined in the East Naples Community Development Plan, the Board can implement a moratorium staying the receipt of new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, until such Growth Management Plan and Land Development Code amendments are adopted. FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed GMP and LDC amendments. GROWTH MANAGEMENT PLAN (GMP) IMPACT: No impact is anticipated with the adoption of this moratorium until the corresponding GMP and LDC amendments are implemented. LEGAL CONSIDERATIONS: If the Board approves this item, I will advertise and bring back a limited moratorium ordinance to be heard at the second meeting of September (a draft of which is included as back-up to this item). Until then, under the “pending ordinance doctrine” (Smith 10.A Packet Pg. 241 09/13/2022 v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407), 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 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. In other words, should the Board approve this item, staff will no longer accept applications for new development orders seeking approval of self-storage facilities within the identified boundary of the US 41 corridor until the GMP and LDC amendments are heard by the Board. If at its next meeting the Board does not enact the Moratorium Ordinance, then it would be business as usual with staff authorized to accept applications for self-storage facilities within this corridor. With that said, this item is approved as to form and legality and a majority vote is needed for approval. -JAK RECOMMENDATION: To implement a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. By: Commissioner Rick LoCastro, District 1 ATTACHMENT(S) 1. Ordinance - Self Storage Moratorium - draft (PDF) 10.A Packet Pg. 242 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doc ID: 23255 Item Summary: Recommendation to have the Board discuss implementing a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. (Sponsored by Commissioner LoCastro) Meeting Date: 09/13/2022 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 09/06/2022 2:06 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 09/06/2022 2:06 PM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/06/2022 2:09 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 09/06/2022 3:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2022 4:44 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2022 11:44 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 10.A Packet Pg. 243 Draft 1 ORDINANCE NO. 2022 -___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR SELF-STORAGE FACILITIES ON BOTH SIDES OF U.S. 41 FROM THE PALM STREET/COMMERCIAL DRIVE/U.S. 41 INTERSECTION TO THE PRICE STREET/U.S. 41 INTERSECTION, UNTIL SUCH A DATE THAT GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE AMENDMENTS IMPLEMENTING THE EAST NAPLES COMMUNITY DEVELOPMENT PLAN ARE ADOPTED BY THE BOARD, OR SEPTEMBER 13, 2023, WHICHEVER IS SOONER; PROVIDING FOR INTENT; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at its September 13, 2022, Regular Meeting, the Board of County Commissioners (Board) raised concerns regarding the proliferation of new self-storage facilities within unincorporated Collier County; and WHEREAS, the Board was particularly concerned with the impact of this use to the goals set forth in the November 2020 East Naples Community Development Plan; and WHEREAS, the Board is currently in the process of developing Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan; and WHEREAS, the Board wishes to place the public and all parties on notice that it is creating a temporary moratorium on the acceptance, processing and consideration of applications for self- storage facilities until such a date that the Growth Management Plan and Land Development Code amendments are approved by the Board, or September 13, 2023, whichever is sooner; and WHEREAS, the Board also wishes that this moratorium will not be applicable to any application for a development order that would be otherwise subject to this moratorium where there has at least been a pre-application meeting prior to September 13, 2022; and WHEREAS, the Board further limits this moratorium to both sides of U.S. 41 from the Palm Street/Commercial Drive/U.S. 41 intersection to the Price Street/U.S. 41 intersection; and WHEREAS, the Board of County Commissioners finds that this Ordinance is in the best interests of the County and its residents and promotes the health, safety and welfare of the public. 10.A.a Packet Pg. 244 Attachment: Ordinance - Self Storage Moratorium - draft (23255 : Self-storage facilities in East Naples - moratorium discussion) Draft 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: INTENT: The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the Board’s legislative findings. SECTION TWO: MORATORIUM: The Board of County Commissioners hereby places a temporary moratorium (suspension) on all applications for development orders for self-storage facilities on both sides of U.S. 41 from the Palm Street/Commercial Drive/U.S. 41 intersection to the Price Street/U.S. 41 intersection. For the purposes of this Ordinance, the term “development order” means the same as defined by Section 163.3164, Florida Statutes. Barring further action of the Board, the moratorium will expire upon Board approval of the Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan, or September 13, 2023, whichever is sooner. The moratorium established by this Ordinance may be terminated early or extended by adoption of a resolution of the Board of County Commissioners. SECTION THREE: APPLICABILITY: This moratorium will not be applicable to any application for a development order that would be otherwise subject to this moratorium where there has at least been a pre-application meeting prior to September 13, 2022. SECTION FOUR: NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County Commissioners that this Ordinance not be codified. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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 SIX: EFFECTIVE DATE. This Ordinance shall be effective September 13, 2022. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County, Florida, this ____ day of _____________, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By:______________________________________ , Deputy Clerk WILLIAM L. MCDANIEL, JR., CHAIRMAN Approved as to form and legality: ______________________________ Jeffrey A. Klatzkow, County Attorney 10.A.a Packet Pg. 245 Attachment: Ordinance - Self Storage Moratorium - draft (23255 : Self-storage facilities in East Naples - moratorium discussion)