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Resolution 2014-189 RESOLUTION NO. 14-1 8 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NO. 14-155 RELATING TO THE "ZONING IN PROGRESS" DECLARATION FOR AUTOMOBILE SERVICE STATIONS WITH MORE THAN EIGHT FUEL PUMPS, CLARIFYING THE BOARD'S INTENT THAT IT BE APPLIED TO THOSE PROJECTS ABUTTING RESIDENTIAL PROPERTY. WHEREAS, on July 8, 2014, the Board of County Commissioners of Collier County ("Board") adopted Resolution No. 14-155, which placed a stay on the issuance of Development Orders (DO) for Service Stations with more than eight pumps when the proposed location of the service station is adjacent to residential property; and WHEREAS, Section 1.08.02 (definitions) of the Collier County Land Development Code (LDC) defines adjacent as "To share a common property line or boundary, or to be separated by a public right- of-way, easement, or water body"; and WHEREAS, Section 1.08.02 of the LDC defines abut or abutting as "To share a common property line or boundary at any one point"; and WHEREAS, the Board desires to clarify its intent that the stay on development is restricted to properties that are abutting a residential property, not adjacent to a residential property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Paragraph 1 of Resolution No. 14-155 is hereby amended as follows: 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 abutting residential property within 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 abutting residential property shall be prohibited, unless an application for said development order is pending prior to the adoption of this resolution No 14-155 on July 8, 2014. THIS RESOLUTION ADOPTED upon majority vote this1day of Se_f�k,y-i ,,r ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.'!"-BOCK,,R CLERK COLLIER C��NTY, F /i RIDA Ani, fEi. ' ...,, - _,.. .,l . cr.— ; • ...# 4 De utv ign.i. li'c OM HENNING, Chai. .an Attest as (inn^"+ira nnlrt / Appr ved as to form and legality: C L,t/il "4----C10 Heidi F. Ashton-Cicko Managing Asst. County Attorney [14-00A-00209/1117484/1]46 1)