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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