Backup Documents 07/08/2014 Item #10B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK \DL\ 7/22/14
4. BCC Office Board is County \f\\(2 -;\/� ��`V\Vz-
Commissioners `1
5. Minutes and Records Clerk of Court's Office
1)0A g(RR lid (2:2 ,1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 7/8/14 I Agenda Item Number 10-B
Approved by the BCC
Type of Document Resolution—Zoning in Pro ress Number of Original One
Attached A 4/4-/5-5 Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/8/14 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by` e JAK
BCC, all changes directed by the BCC have been made,and the document is ready, r the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
toe
RESOLUTION NO. 14- 1 5 5
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
1 of 2
lOB
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 IcZ3 -\-VA
day of-n-vA.L\ , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT.E BROcK, CLERK COLLIER COUNTY, LORIDA
/
4 ,1, Deputy C1,41c— _` y NI
TOM HENN ,, hairman
Attest alto Cha ' . `is,. t /
signature o ly.
al
Appro -. fit• orm and legality:
1
Jeffrey • i:tzkow
i
County ; • �44{{ey
i1
V
CP\14-00A-00209
2 of 2
lOB
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 1 of 2
7-g-i4-
10B
Add On Item 10B
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
Page 2 of 2
106
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" I-IAS 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
1 of 2
10B
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
BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
CP\14-00A-00209
2 of 2
108
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