Agenda 02/14/2017 Item # 9A02/14/2017
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance that will implement a twelve-month moratorium on new
applications for gas stations, car washes, pawn shops and self-storage facilities in all commercial
zoning districts that list these uses as permitted uses, but allow for these uses to be processed as
conditional uses while staff brings forward Land Development Code amendments to require the
conditional use process for the identified uses. This moratorium is geographically limited 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 is not applicable to existing Planned Unit Developments (PUD)s that
have satisfied Chapter 5 of the Collier County Land Development Code regarding Supplemental
Standards for those specific uses subject to the moratorium, nor 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 December 13, 2016.
OBJECTIVE: To have the Board adopt an Ordinance that will implement a twelve month moratorium
on new applications for gas stations, car washes, pawn shops and self-storage facilities in all commercial
zoning districts that list these uses as permitted uses, but allow for these uses to be processed as
conditional uses in all commercial zoning districts on US41 between the Palm Street/Commercial
Drive/U.S.41 intersection and the Price Street/U.S.41 intersection, while Land Development Code
amendments are adopted.
CONSIDERATIONS: At the December 13, 2016, Board of County Commissioners public hearing, the
Board directed staff to bring back an Ordinance to put a stay on the development of new gas stations, car
washes, pawn shops and self-storage facilities, citing concerns of the proliferation of these uses and their
relationship to the 2010 East Trail Corridor Study, developed by the East Naples Foundation. During
discussion of imposing the moratorium, the Board expressed a desire for these uses to be allowed to move
forward, but with the input of the surrounding community. At the January 10, 2017 BCC public hearing,
the Board added an exemption from the moratorium for existing PUDs that have satisfied Chapter 5 of the
Collier County Land Development Code regarding Supplemental Standards for those specific uses subject
to the moratorium, and 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 December 13, 2016. The
Board also authorized staff to advertise the amending ordinance for future consideration.
The proposed LDC amendments will require an analysis of the intensity, compatibility, and land use
effects of gas stations, car washes, pawn shops and self-storage facilities and their relationship to the
surrounding area through the Conditional Use process. The analysis is relevant based on the current
pattern of strip commercial zoning districts that dominate the U.S. 41 corridor. The corridor is currently
comprised of shallow C-3, C-4, C-5 and Planned Unit Development (PUD) zoning districts, which
provides for potentially inconsistent commercial development pattern for the area and a limitation of the
types of specific commercial uses that are promoted within the Corridor Study. Additionally, gas stations,
car washes, pawn shops and self-storage facilities, without compatibility review, may be inconsistent with
the vision desired for the corridor. It should be also noted that if one of the identified uses gains
conditional use approval, that location shall be allowed to submit for the subsequent Site Development
Plan and Building Permit approval.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land development
code amendments. The cost to advertise the proposed ordinance was $470.43.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The individual land uses authorized within the
various commercial zoning districts along the identified U.S. 41 corridor are not specified by the Growth
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02/14/2017
Management Plan; therefore, no impact is anticipated with the adoption of this moratorium or the
corresponding implementing LDC amendments.
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 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. 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 commercial land uses within the identified boundary of the U.S.41 corridor until the Land
Development Code amendments are heard by the Board.
With that said, this item is approved as to form and legality. A majority vote is needed for approval of the
Ordinance. However, an affirmative vote of four is needed for the potential land development code
amendments. -JAK
RECOMMENDATION: To (1) adopt the attached Ordinance to implement a twelve month moratorium
on new applications for gas stations, car washes, pawn shops and self-storage facilities as permitted uses,
and provide that these uses can move forward as conditional uses; (2) provide for an exemption for
existing PUDs that have satisfied Chapter 5 of the Collier County Land Development Code regarding
Supplemental Standards for those specific uses subject to the moratorium, and 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 December 13, 2016; and (3) direct staff to bring forward Land Development
Code amendments requiring the conditional use process for the gas stations, car washes, pawn shops and
self-storage facilities within the identified corridor.
Prepared by: Mike Bosi, AICP, Director, Zoning Division, Growth Management Department, Jeffrey
A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - US 41 Corridor Moratorium (PDF)
2. Memo - Attachment A (PDF)
3. Supplemental Correspondence (PDF)
4. Legal Ad - Moratorium (PDF)
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02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Item Summary: Recommendation to adopt an ordinance that will implement a twelve month
moratorium on new applications for gas stations, car washes, pawn shops and self-storage facilities in all
commercial zoning districts that list these uses as permitted uses, but allow for these uses to be processed
as conditional uses while staff brings forward Land Development Code amendments to require the
conditional use process for the identified uses. This moratorium is geographically limited 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 is not applicable to existing Planned Unit Developments (PUD)s that have satisfied
Chapter 5 of the Collier County Land Development Code regarding Supplemental Standards for those
specific uses subject to the moratorium, nor 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
December 13, 2016.
Meeting Date: 02/14/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
01/25/2017 10:16 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/25/2017 10:16 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/25/2017 10:52 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/25/2017 11:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/25/2017 2:21 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/26/2017 1:18 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
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Packet Pg. 177 Attachment: Ordinance - US 41 Corridor Moratorium (2637 : Adoption of Moratorium Ordinance)
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Packet Pg. 178 Attachment: Ordinance - US 41 Corridor Moratorium (2637 : Adoption of Moratorium Ordinance)
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Packet Pg. 179 Attachment: Ordinance - US 41 Corridor Moratorium (2637 : Adoption of Moratorium Ordinance)
1
Growth Management Department – Planning & Regulation
Planning & Zoning Division
To: Board of County Commissioners (BCC)
Thru: Leo Ochs, County Manager
From Mike Bosi, AICP, Director Zoning Division
RE: US 41 Corridor Study – Commercial Zoning
Date: December 21, 2016
At the December 13, 2016, Board of County Commissioners public hearing, the Board directed
staff to bring back an Ordinance to put a stay on the development of new gas stations, car
washes, pawn shops and self-storage facilities as permitted uses, citing concerns of the
proliferation of these uses and their relationship to the 2010 East Trail Corridor Study, developed
by the East Naples Foundation. During discussion of imposing the moratorium, the Board
expressed a desire to review the list of uses currently allowed as permitted uses by Zoning to
determine if additional land uses should be included in the uses that would be subject to the
Moratorium. Please find attached the list of permitted use contained in the Commercial-3
Zoning District, the permitted uses in the Commercial-4 Zoning District as well as a map
showing the US 41 corridor study subject to the Moratorium. Staff is currently working to bring
the draft Ordinance for the Moratorium at the January 10, 2017 BCC public hearing, which
allows for additional uses to be added if determined appropriate by the Board.
Sincerely,
Mike Bosi, AICP,
Zoning Division Director
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Packet Pg. 180 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
Page 1
Commercial Intermediate District (C-3). Permitted Uses
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Animal specialty services, except veterinary (0752, excluding outside kenneling).
5. Apparel and accessory stores (5611—5699) with 5,000 square feet or less of gross
floor area in the principal structure.
6. Architectural services (8712).
7. Auditing (8721).
8. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area
in the principal structure.
9. Automobile Parking, automobile parking garages and parking structures (7521 —
shall not be construed to permit the activity of "tow-in parking lots").
10. Automotive services (7549) except that this shall not be construed to permit the
activity of "wrecker service (towing) automobiles, road and towing service."
11. Banks, credit unions and trusts (6011—6099).
12. Barber shops (7241, except for barber schools).
13. Beauty shops (7231, except for beaut y schools).
14. Bookkeeping services (8721).
15. Business associations (8611).
16. Business consulting services (8748).
17. Business credit institutions (6153—6159).
18. Business services — miscellaneous (7389, except auctioneering service, automobile
recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth
cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler,
directories-telephone, drive-away automobile, exhibits-building, filling pressure
containers, field warehousing, fire extinguisher, floats-decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing,
packaging and labeling, patrol of electric transmission or gas lines, pipeline or
powerline inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting,
shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape
slitting, texture designers, textile folding, tobacco sheeting, window trimming, and
yacht brokers).
19. Child day care services (8351).
20. Churches.
21. Civic, social and fraternal associations (8641).
22. Commercial art and graphic design (7336).
23. Commercial photography (7335).
24. Computer and computer software stores (5734) with 5,000 square feet or less of
gross floor area in the principal structure.
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Packet Pg. 181 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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25. Computer programming, data processing and other services (7371—7379).
26. Credit reporting services (7323).
27. Direct mail advertising services (7331).
28. Drycleaning plants (7216, nonindustrial drycleaning only).
29. Drug stores (5912).
30. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the
principal structure. All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of
section 5.05.01.
31. Educational plants.
32. Engineering services (8711).
33. Essential services, subject to section 2.01.03.
34. Federal and federally-sponsored credit agencies (6111).
35. Food stores (groups 5411—5499) with 5,000 square feet or less of gross floor area in
the principal structure.
36. Funeral services (7261, except crematories).
37. Garment pressing, and agents for laundries and drycleaners (7212).
38. Gasoline service stations (5541, subject to section 5.05.05).
39. General merchandise stores (5331—5399) with 5,000 square feet or less of gross
floor area in the principal structure.
40. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal
structure.
41. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04.
42. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the
principal structure.
43. Health services, offices and clinics (8011—8049).
44. Home furniture and furnishings stores (5712—5719) with 5,000 square feet or less of
gross floor area in the principal structure.
45. Home health care services (8082).
46. Household appliance stores (5722) with 5,000 square feet or less of gross floor area
in the principal structure.
47. Insurance carriers, agents and brokers (6311—6399, 6411).
48. Labor unions (8631).
49. Landscape architects, consulting and planning (0781).
50. Laundries and drycleaning, coin operated — self service (7215).
51. Laundries, family and commercial (7211).
52. Legal services (8111).
53. Libraries (8231).
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Packet Pg. 182 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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54. Loan brokers (6163).
55. Management services (8741 & 8742).
56. Marinas (4493), subject to section 5.05.02.
57. Membership organizations, miscellaneous (8699).
58. Mortgage bankers and loan correspondents (6162).
59. Museums and art galleries (8412).
60. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in
the principal structure.
61. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal
structure.
62. Personal credit institutions (6141).
63. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental,
costume rental, dating service, debt counseling, depilatory salons, diet workshops,
dress suit rental, electrolysis, genealogical investigation service, and hair removal
only) with 5,000 square feet or less of gross floor area in the principal structure.
64. Personnel supply services (7361 & 7363).
65. Photocopying and duplicating services (7334).
66. Photofinishing laboratories (7384).
67. Photographic studios, portrait (7221).
68. Physical fitness facilities (7991; 7911, except discotheques).
69. Political organizations (8651).
70. Professional membership organizations (8621).
71. Public administration (groups 9111—9199, 9229, 9311, 9411—9451, 9511—9532,
9611—9661).
72. Public relations services (8743).
73. Radio, television and consumer electronics stores (5731) with 5,000 square feet or
less of gross floor area in the principal structure.
74. Radio, television and publishers advertising representatives (7313).
75. Real Estate (6531—6552).
76. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross
floor area in the principal structure.
77. Religious organizations (8661).
78. Repair services - miscellaneous (7629—7631, 7699 - bicycle repair, binocular repair,
camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith
shop, picture framing, and pocketbook repair only).
79. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less
of gross floor area in the principal structure.
80. Retail services - miscellaneous (5921—5963 except pawnshops and building
materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet
or less of gross floor area in the principal structure.
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Packet Pg. 183 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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81. Secretarial and court reporting services (7338).
82. Security and commodity brokers, dealer, exchanges and services (6211—6289).
83. Shoe repair shops and shoeshine parlors (7251).
84. Social services, individual and family (8322 activity centers, elderly or handicapped
only; day care centers, adult and handicapped only).
85. Surveying services (8713).
86. Tax return preparation services (7291).
87. Travel agencies (4724, no other transportation services).
88. United State Postal Service (4311, except major distribution center).
89. Veterinary services (0742, excluding outdoor kenneling).
90. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the
principal structure.
91. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the
principal structure.
92. Any use which was permissible under the prior General Retail Commercial (GRC)
zoning district, as identified by Zoning Ordinance ado pted October 8, 1974, and which
was lawfully existing prior to the adoption of this Code.
93. Any of the foregoing uses that are subject to a gross floor area limitation shall be
permitted by right without the maximum floor area limitation if the use is developed as
a component of a shopping center.
94. Any other commercial use or professional services which is comparable in nature with
the foregoing uses including those that exclusively serve the administrative as
opposed to the operational functions of a business and are associated purely with
activities conducted in an office.
95. Any other commercial or professional use which is comparable in nature with the (C-
1) list of permitted uses and consistent with the purpose and intent statement of the
district as determined by the board of zoning appeals pursuant to section 10.08.00.
96. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by
any C-3 permitted use with a 5,000 sq. ft. or greater limitation.
C-4 USES – Not permitted in the C-1 through C-3 Zoning districts
1. Agricultural services (0783).
2. Amusement and recreation services, indoor.
3. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation,
houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only).
4. Ancillary plants.
5. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only).
6. Bowling centers, indoor (7933).
7. Building cleaning and maintenance services (7349).
8. Cable and other pay television services (4841) including communications towers up to
specified height, subject to section-5.05.09.
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Packet Pg. 184 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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9. Carpet and upholstery cleaning (7217).
10. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be
subject to section 5.05.11 of this Code.
11. Coin-operated laundries and dry cleaning (7215).
12. Coin operated amusement devices, indoor (7993).
13. Commercial printing (2752, excluding newspapers).
14. Dance studios, schools and halls, indoor (7911).
15. Detective, guard and armored car service (7381, except armored car and dog rental).
16. Department stores (5311).
17. Disinfecting and pest control services (7342).
18. Educational services (8221 and 8222).
19. Electrical and electronic repair shops (7622—7629).
20. . Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and
oil field equipment renting and leasing).
21. Facilities support management services (8744).
22. Golf courses, public (7992).
23. Health services, miscellaneous (8092—8099).
24. Hospitals (8062—8069).
25. Hotels and motels (7011, 7021 and 7041) when located within an activity center.
26. Laundry and garment services, miscellaneous (7219).
27. Medical and dental laboratories (8071 and 8072).
28. Medical equipment rental and leasing (7352).
29. Membership sports and recreation clubs, indoor (7997).
30. Motion picture theaters (7832).
31. Motorcycle dealers (5571).
32. News syndicates (7383).
33. Nursing and professional care facilities (8051—8059).
34. Outdoor advertising services (7312).
35. Passenger car leasing (7515).
36. Passenger car rental (7514).
37. Professional sports clubs and promoters, indoor (7941).
38. Radio and television broadcasting stations (4832 & 4833).
39. Research, development and testing services (8731—8734).
40. Retail - miscellaneous (5921—5963, 5992—5999).
41. Reupholstery and furniture repair (7641).
42. Security systems services (7382).
43. Telegraph and other message communications (4822) including communications towers
up to specified height, subject to section 5.05.09.
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Packet Pg. 185 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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44. Telephone communications (4812 and 4813) including comm unications towers up to
specified height, subject to section 5.05.09.
45. Theatrical producers and miscellaneous theatrical services, indoor (7922 -7929, including
bands, orchestras and entertainers; except motion picture).
46. 137. Vocational schools (8243—8299).
47. 137. Vocational schools (8243—8299).
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Packet Pg. 186 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
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Packet Pg. 187 Attachment: Memo - Attachment A (2637 : Adoption of Moratorium Ordinance)
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Architects, Engineers, Planners and Landscape Architecture
145 Central Avenue, Naples, Florida 34102 mfernandez@planningdevelopmentinc.com 239.263.6934 fax 877.263.0535
Development Consulting and Planning Architecture Engineering Landscape Architecture
Florida Corporate Certificate of Authorization No’s: AA26002158 CA No. 8450 LC0000378
December 30, 2016
Mike Bosi, AICP
Zoning Division Director
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Moratorium – Considerations and Proposed Alternative
Dear Mr. Bosi,
The adopted moratorium is not justified, is ineffective, indefensible and an action for which an effective
alternative process exists to accomplish identified goals.
Attached to this cover letter is our analysis of the moratorium imposed by the CCBCC at their regularly
scheduled meeting on December 13, 2016 and which we understand will be further considered at their
regularly scheduled meeting on January 10, 2017.
In summary, we believe the moratorium limited to four specific land uses over a six mile commercial
corridor between and along US 41 East between Airport Road and Collier Boulevard Activity Centers
should be rescinded. In its stead, consideration should be made of an Alternative Approach to
addressing the need for fostering a unifying linear commercial corridor which provides for a unique
identity based on visual cohesion, linear corridor connectivity and enhancing linkage which is supportive
and complimentary of its surrounding community of neighborhoods.
Our analysis finds that the moratorium, as established on December 13, 2016, is so specific and of
nominal consequence to land use and development along this corridor that it does not have nexus to
the goals of the Corridor Study Period and its subsequent implementation through development
standards and incentives and therefore not justified and defensible as it is without public benefit and
public purpose.
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Packet Pg. 188 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Architects, Engineers, Planners and Landscape Architecture
145 Central Avenue, Naples, Florida 34102 mfernandez@planningdevelopmentinc.com 239.263.6934 fax 877.263.0535
Development Consulting and Planning Architecture Engineering Landscape Architecture
Florida Corporate Certificate of Authorization No’s: AA26002158 CA No. 8450 LC0000378
Additionally, the CCBCC requested a simple and timely relief mechanism to the 12 month moratorium
for a planning period which is proposed to be through the existing Conditional Use application process.
This process is not timely nor simple as it can typically take 10 months and upwards of $100,000 to
develop and process a Conditional Use application and this time period and cost negates the intent of
its relief function.
Attached is our base review of the moratorium and considerations which are provided as a support
document to this cover letter which is requesting reconsideration of the moratorium and recommends
an alternative effective approach.
I look forward to further discussing this matter with you. In the interim, please do not hesitate to contact
me with any follow-up questions you may have.
Regards,
PLANNING DEVELOPMENT INC.
Michael R Fernandez, RA AICP
President – Architect
Attachments as referenced.
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Packet Pg. 189 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
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An Alternative Effective Approach
As one drives the US 41 East Naples Corridor between the Airport Road and Collier Boulevard Activity
Centers you can appreciate the mixed presentation which is given by grand entrances to new landmark
communities, older communities holding their own, commercial developed in the 70’s – 80’s and 90’s
prior to the County’s adoption of enhanced design standards for landscaping and architecture,
commercial development which is compliant with LDC and architectural design standards and
undeveloped commercially zoned frontage parcels which have been passed over in favor of alternative
corridor sites.
The actual target of the Study has been previously envisioned as creation of incentives which foster
redevelopment of noncompliant and undeveloped frontage properties with a goal of a more cohesive
visual corridor which is responsive to its supporting community. Noncompliant existing older
developments tend to be the detracting visual and operational land uses which support the less desirable
land use elements of the Corridor. These small struggling gas stations with associated convenience stores,
aging roadside motels, first generation unattractive one-story self-storage complexes, and limited identity
and poorly maintained retail and restaurant storefront strip centers distract from the new Code compliant
developments and hold back the undeveloped lands along the corridor while supporting land uses which
exert negative impacts on abutting neighborhoods.
We assume that PUDs were proposed to be excluded from the moratorium due to their generally
enhanced planning which is reflective in their design and landscaping. However, these attributes are also
achieved when development on straight commercial zoning parcels is compliant with current landscaping
codes, site design and architectural designed standards especially those parcels which are under
enhanced zoning restrictions adopted for certain corridor lands during the zoning reevaluation process.
The limited focus moratorium will not foster enhanced development and will impact an extremely limited
list of land uses and do so without public benefit or public purpose. The list of moratorium land uses when
planned, designed, permitted and developed in compliance with the current LDC provisions for
landscaping, site design, access, buffers, and use specific architectural design standards will be assets to
the visual and operational aspects of the Corridor and surrounding neighborhoods.
The Effective Approach. Consideration should be given to expedite an incentive package for
redevelopment of noncompliant, underdeveloped parcels and development of vacant parcels. Placing
proposals for consideration before the CCBCC by the end of March is viable.
First, incentives need to identify the desired targeted land uses which should be considered in the creation
of incentives. It is our understanding that desired land uses include but are not limited to:
• Mixed use inclusive of a residential component.
• Hotels
• Restaurants.
• Medical and Professional Offices
• Retail Shopping
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Packet Pg. 190 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 2 of 10
Second, incentives need to identify the land uses which are desired to be displaced. It is our understanding
that desired land uses to be displaced include but are not limited to:
• First generation self-storage
• Outdoor storage
• Nonconforming and non-code compliant motels
• Noncompliant retail centers
• Noncompliant gas stations
• Noncompliant car washes
• Noncompliant development in general
Third, identification and establishment of unifying design standards which are generally common to all
new development, redevelopment and existing development with certain time period or change of tenant
provisions; and will apply to all parcels and zoning districts within visual proximity of the Corridor.
These standards will need to be established and incorporated into the LDC as additional design standards
specific to this Corridor and may include but not be limited to:
• Landscape tree, shrub and ground cover selections
• Landscape installation placement and patterns
• Water management storage design with landscape enhancements,
• Hardscape selection, color, placement,
• Lighting fixtures, colors, placement and patterns including light poles, up lighting, LEDs
• Signage type, design, placement/locations, materials
• Uniformity of sidewalk and bike lane placement
• Uniformity of parking lot signage hardscape (stop signs, etc.)
In order to address impediments to redevelopment of existing struggling and noncompliant commercial
development and new development of vacant parcels with desirable uses, provide incentives to property
owners / developers, for and in return of suggested considerations to Collier County. This creates a public
/ private partnership to encourage desired future planned growth and development.
Incentives:
• Relief categories from Code provisions:
o Increased maximum height
o Increased maximum number of stories
o Increased lot coverage.
o Permit hotels via a conditional use in all commercial zoning districts fronting the Corridor;
o Increase or remove FAR (Floor Area Ratio) limitation for hotels and ALFs; density governed
by development standards.
o Permit water management within landscape enhanced buffers and other required
landscape requirements.
o Increase opportunity for mixed used with residential component by substituting per acre
restrictions and density calculation with alternative allocation from Corridor maximum
number of residential units established by tabulating maximum yield potential of abutting
commercial properties relative to their associated Comprehensive Plan restriction;
density limited by development standards such as parking, setbacks, maximum height and
9.A.c
Packet Pg. 191 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 3 of 10
maximum stories. It is suggested that commercial corridor density requirements require
a targeted intensity of 12 units per acre coupled with commercial intensity ranging
between 4,000 sf and 10,000 sf per acre.
o Waive some restrictive mixed use design standards; retain prohibition of residential units
on ground floor but permit and encourage secured parking for portion of parking
requirement on grade below units residential; increase maximum actual building height
to 56 feet for mixed use development and increase number of stories to four (4).
Encourage use of commercial component as buffer; fronting residential which ideally has
a greater setback from road right-of-way.
o Waive or reduced open space requirement;
o Waive preservation requirement; perhaps for all new and redevelopment along the
corridor with mitigation provided by the County’s existing land banks. Analysis of
preservation requirement acreage for all remaining undeveloped commercial properties
required for consideration. Alternatively, require offsite mitigation and establish known
costs.
o Waive restrictions established by Ordinance 92-43 and similar ordinances when
appropriate; restrictions include buffer standards, limitation of stories, and access
restrictions among others.
• Financial Relief from:
o Waive or reduce County imposed impact fees for desired uses.
o County property tax abatement.
• Redevelopment and Displacement Incentives:
o 150% or double of impact fee credits when originating from existing noncompliant
development to be displaced; such as small struggling gas stations or roadside motels
o Transferrable impact fee credits for properties along the corridor; may encourage
displacement of existing development to new site; such as removal of existing gas station
to a new gas station which is compliant with LDC landscaping, architectural design
standards and other applicable standards.
o Increased FAR (floor area ratio) for hotels when displacing existing motel on same site or
another Corridor site.
• Consideration:
o Linear Corridor Connectivity / Linkage. Require conveyance of easement to the County
over landscaped / setback areas fronting public right-of-way; permitting future
opportunity for County improvements within easement for pedestrian, bicycle and mass
transit linear linkage improvements. This is a long term consideration with opportunity
for linkages between abutting neighborhoods to Corridor as well as the establishment of
cohesive uniform or patterned landscape and hardscape to establish a desirable unifying
visual and operational Corridor Identity between the two anchoring Activity Centers.
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Packet Pg. 192 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
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Recommendation:
Rescind the very limited and ineffectual and problematic moratorium established on December 13, 2016.
Request Staff to study and propose incentives for implementation over the East US 41 Corridor on or prior
to the end of March 2017 as phase one of the Corridor Study. Incentives are to be phased; those for
immediate implementation after consideration by the BCC in April and those to be further considered by
the Corridor Study to be completed within an additional 6 month Study Period which will include the
identification and proposals for supplemental development standards for landscape and hardscape
improvements.
9.A.c
Packet Pg. 193 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 5 of 10
Moratorium Provisions
Understanding of the Moratorium with Recommendations and Suggestions.
1. One year – from December 13, 2016; with commitment not be extended.
2. Applies only to US 41 East Corridor between Airport Road and Collier Boulevard activity centers.
3. Applies only to commercial zoned properties inclusive of C-1 through C-5 and PUDs.
a. PUDs should be included as PUDs fronting US 41 East may include one or more of the listed
permitted uses.
i. As examples; the Price Street PUD provides for a gas station and was approved on
December 13, 2016; and, the Vincentian PUD includes a 65,000 sf self-storage facility
and this additional use was approved on December 8, 2016.
4. Applies only to parcels within the Corridor which front on or with direct access to US 41 East.
5. Applies only to the following land uses:
i. Gas stations with or without convenience stores and with or without car wash.
ii. First generation type self-storage complexes with exterior access to storage units via
roll-up doors (this clarification recommended)
iii. Car wash
iv. Pawn shops and massage and tattoo parlors when free-standing structures
6. Does not apply to development orders which started the development order process,
a. including pre-application meetings which are a required element and work product for a SDP
application
i. which is considered current if utilized within 9 months of meeting date
ii. and for which its associated application fee of $500 is credited toward the SDP
application fee; the task, along with its associated traffic study methodology
conference, establishes the parameters for time sensitive additional submittal
requirements including the required TIS (Traffic Impact Study) the EIS (Environmental
Impact Study – inclusive of habitat and listed and endangered species survey) and
boundary survey among others. These submittal items limited longevity of 3 to 6
months prior to requiring re-issuance or updating. Combined, these expiring time
sensitive exhibits cost $10,000 to upwards of $25,000
iii. and the cutoff date would be March 13, 2016.
b. Including Conditional Use petitions
i. approved and have not expired; or are actively being processed
7. Does not apply for subsequent development orders for development proposals identified in “6.a” and
“6.b “ above; which are submitted consistent with their prior approval and prior to the expiration of
their prior development order or conditional use.
8. Suggestions: Rescind the moratorium and expedite an incentive package for underdeveloped
properties and vacant properties targeted for redevelopment and development – with a goal of
proposals before BCC by end of March. Incentives may include development standard modifications
or waivers, financial incentives and density / intensity bonuses. Concurrently provide direction and
a time period for the County to undertake a Corridor Design Study to create unique identity
establishing design standards for the East Trail as a transition to if not an extension of the Fifth Avenue
South experience. Suggest the effort be led by the East Naples Civic Association, neighborhood
representatives and interested shareholders.
9.A.c
Packet Pg. 194 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 6 of 10
Moratorium & Proposed Relief Mechanism
Concerns & Recommendation
Locational Description. The proposed moratorium appears to be physically defined as a frontage corridor
to a six lane highway with a 200 ft. to 225 ft. right-of-way between two existing activity centers and having
an approximate length of 6 miles. It is presumed that the moratorium only impacts parcels having direct
access to US 41 East or having frontage on US 41 East – parcels with no intervening development parcels
between the parcel and US 41 East.
Existing Corridor Restrictions. The existing commercial zoning district parcels within the described
corridor were previously reviewed with the County’s Commercial Revaluation Process. As a result of that
process, significant stretches for this corridor were further encumbered with enhanced zoning
restrictions; inclusive but not limited to ordinance number 92-43, which include but are not limited to
prohibitions from accessing abutting local streets, restricting the number of stories – typically to 3 stories
maximum, requiring enhanced landscaped buffering when abutting local streets – typically LDC Type B
buffers in lieu of LDC required Type D buffers for right-of-way, and requiring shared access from US 41
East and/or restricting the number of access points – typically to one. These and other restrictions
typically encumber parcels which were not yet developed in 1990; many of which are still undeveloped.
Many of the corridor’s commercial lots are restricted by their limited area; some are less than one acre
and many, if not most, less than 5 acres. Many are lots of very limited depth; some as little as 200 ft.
After application of typical setbacks of 25 feet from duel frontage; developable depth is restricted to 150
feet; challenging if not prohibiting typical commercial development when subject to applicable
architectural design standards and associated site design standards for retail centers and restaurants,
their associated parking, landscaping and general circulation needs.
Land Use. Limited to properties of commercial zoning and presumably only to those within the corridor
which have direct access US 41 East or front US 41 east. Therefore the moratorium excludes residential
zoned properties.
Specifically proposed to be excluded from the moratorium by agenda item 10.A was PUD zoned properties
which presumably includes commercial PUDs and mixed use PUDs. Such properties fronting US 41 East
between the two activity centers do include some of the specifically listed moratorium land uses. As
example, the Vincentian Village PUD was approved for self-storage on December 8, 2016; and, the Price
Street PUD was approved for gas station with convenience store on December 13, 2016 by CCBCC. Neither
PUD was linked to binding plans for subsequent permitting and are therefore comparable to the standard
commercial zoning districts subject to the moratorium. Other PUDs fronting US 41 East permit gas
stations, car washes and pawn shops.
As approved on December 13, 2016, the moratorium would only apply to 4 land uses; gas stations, car
washes, self-storage and pawn shops. Excluding PUDs would appear to remove a potential nexus between
this list of uses and the justification of public need and public purpose for the moratorium.
9.A.c
Packet Pg. 195 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 7 of 10
Public Purpose. Generally, a short term moratorium has a well-defined public need and purpose.
As examples, a moratorium may be placed on development for:
lack of supporting public facilities:
such as lack of portable water supply,
lack of waste water (sewer) capacity,
lack of roadway capacity,
lack of schools;
facility planning: transportation corridor; park / linear greenway planning.
A nexus can typically be drawn from the moratorium to the public facility or planning purpose. There is
not an identifiable nexus to this moratorium.
Self-storage. Of the listed four land uses; self-storage is only a permitted use in C-5 and certain PUDs. It
is a Conditional Use in the C-4 zoning district which requires public notice, a neighborhood informational
meeting and public hearing prior to approval of a context specific site plan with architectural and
landscaping support documents.
Additionally, self-storage is a passive land use; not associated with signage, smells; self-storage is a low
traffic generator; and the County has specific architectural design standards which further restrict and
require well considered compatibility standards for design and landscape architecture which will generally
yield the equivalent of a passive office building with a small parking lot or fully buffered building.
It should be noted that the moratorium as proposed would be applicable to self-storage, but not outdoor
storage which is permitted by the C-5 zoning district. This would also appear to remove a potential nexus
between the list of moratorium land uses and a justifying public need and public purpose.
The corridor supports a couple of first generation one-story, exterior access self-storage developments
which were constructed between the 70’s and 90’s. Current architectural design standards prohibit this
form of development. Second generation yielded multi-story structures with internal access to individual
roll-up door units still typically visible from the exterior at night. The new standards require enhanced
landscaping, screening and buffering with associated building forms and detail which can render third
generation interior access storage buildings with translucent glazing nearly indistinguishable from office
buildings, except for their smaller parking lots.
This corridor presently does not support any third generation facilities for which significant demand to
serve the market area has been identified.
Gas stations and car washes. Of the listed four land uses; new gas stations and car washes are subject to
additional enhanced locational restrictions and design and landscaping requirements.
There are a number of gas stations along the corridor. Certain locational restrictions are already in place
and additional architectural and landscape requirements are in place. Contemporary gas stations with
convenience stores which meet existing county design standards are market driven, do not proliferate
indiscriminately, and significant new applications for development orders for this use are not anticipated.
There are a number of existing small struggling gas stations generally with a limited number of pumping
9.A.c
Packet Pg. 196 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 8 of 10
stations which are not compliant with existing design and lands cape standards. These noncompliant gas
stations are likely to be displaced by the market due to their limited size and less accessible locations –
when new larger, compliant and gas stations with larger convenience stores are located within the same
service area as these existing facilities.
Carwashes. There are a limited number of car washes fronting this corridor and it is unlikely that
additional facilities can be supported by the market.
Conclusion. In review and analysis of the list of the four moratorium land uses, common attributes
relative to impacts, form, use, noise, lighting, signage, building heights, lot coverage, drainage,
architecture, landscaping, public facility capacity cannot be identified relative to each other or relative to
the other commercial uses which are not subject to the moratorium. And, the review and analysis of the
list of the four moratorium land uses relative to commercial and PUD zoning districts and existing
restrictions and development standards for corridor parcels and common attributes relative to land uses
were not identified. A nexus between the list of moratorium land uses and public need, public benefit
and/or public purpose was not identified. The moratorium, as proposed, is not justified.
Planning Period. A need for a planning period can be utilized when a public need, pubic benefit and pubic
purpose is identified. Placement of a moratorium of such limited scope and without identifiable public
purpose or public benefit is not supportable.
Moratorium and Proposed Relief - Moratorium fails to achieve its goal. It appears that the land use
focus has become so limited and specific and given that some of these land uses already require review
and consideration through either a rezone to PUD or Conditional Use application, the proposed
moratorium will be ineffective in aiding to achieve the goal of a Corridor Study and Implementation of
Study Guided Land Use / LDC Design Standards. Therefore the specific land use targeted moratorium will
have little or no public benefit and should be retracted in favor of an approach which can quickly yield
results.
It can readily be expected that the Study will take the full year to scope and complete if retained in-house;
a longer period if professional services are provided by solicited specialty consultants. It is likely that
implementation of the Study findings will require a Comprehensive Plan Amendment, subsequent
development of LDC development standards, and perhaps a separate and new review process for corridor
development orders. This can be expected to take 18 – 24 months after the completion, review and
acceptance of the Study. Therefore, a one-year moratorium is not and does not provide a viable planning
and implementation period.
Relief. It has been recommended that the moratorium include provisions for timely and reasonable relief
for severely impacted properties and/or property owners with unique circumstances and/or proposals
which are not contrary to the public purpose of the moratorium. This relief has been proposed to be in
the form a Conditional Use application through which a specific proposal would be reviewed and
considered for compatibility. Relief through a Conditional Use application process does not offer
significant and timely relief to the moratorium. A Conditional Use application development and
processing can readily take 10 months with associated expenditure of upwards of $100,000. The
consideration process would be a clouded process under a moratorium. This relief may not result in an
outcome which implements or furthers the proposed Study determinations.
9.A.c
Packet Pg. 197 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 9 of 10
Relative to a timely relief process, consider that a typical time period for Conditional Use is:
Pre-application scheduling 2 weeks
Development of Application Exhibits 8 weeks min.
• Boundary and existing conditions Survey
• Traffic Study proposal, consultant scheduling, methodology meeting
and analysis and report
• Environmental proposal, consultant scheduling, listed and
endangered species survey; analysis; report
• FDOT pre-application meeting / consultation and study
• Post TIS/EIS Site plan development /
• Preliminary utilities study and preliminary water manager study
• Architectural Design Standards application
• Landscaping considerations / plan development
Application Submittal
Application Distribution 1 week
Individual Staff Reviews 4 weeks
Staff Sufficiency Letter 1 week
Scheduling NIM (neighborhood informational meeting) 3 weeks
Holding NIM / reporting 1 week
Resubmittal 1 week
Staff Distribution and Review #2 (assumes no additional resubmittal) 4 weeks
Scheduling HEX 1 week
Staff Report 3 weeks
HEX 2 weeks
HEX Report 3 weeks
Subtotal 34 weeks = 8 months
Longer if required to be considered by the full Planning Commission 4 weeks
and BCC 4 weeks
Total 42 weeks = 10 months
And a typical Conditional Use Process will have costs upwards of $100,000±:
Application Fees; NIM advertising; Public Notices; Signs, Mailings: $12,000±
Professional Consultants: $88,000±
o Surveyor
o Transportation Consultant
o Environmental Consultant
o Architect; floor plans, elevations, rendering
o Land Planner; site design; LDC Compliance coordination; applications
o Landscape Architect; preliminary
o Site/Civil Engineer; preliminary water management; water/sewer utilities
o Land Use Attorney; general representation
9.A.c
Packet Pg. 198 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
Page 10 of 10
Beyond the time period (10± months) and cost considerations ($100,000±):
Can an applicant expect to receive comparable consideration before Staff, Hearing Examiner, Planning
Commission, Board of County Commissioners and the public when a proposed Conditional Use is under
the cloud of a moratorium?
One would assume that if the moratorium has its focus on these four uses; that there would be proposed
revisions to the LDC. Therefore, there is an expectation that a further extension of the moratorium would
be required to implement these amendments.
And, assuming that the Conditional Use (CU) is approved, would the CU be subject to compliance with any
new development standards which stem from the Planning Period moratorium’s implementing
development standard amendments?
Recommendation. Relief needs to be immediate and measurable and the following recommendation is
proposed as relief should the moratorium remain in place.
A waiver for development proposals which have commenced the process and continued with their
permitting in a timely manner (prior to the expiration of their preceding submittal is recommended.
Staff can readily identify those projects which have held their formal pre-application conference since
March 13, 2016, be able to quantify the number of projects, their proposed development
narratives/particulars, and their acreage and thereby assess their significance to the overall corridor and
advise the BCC of the associated considerations.
9.A.c
Packet Pg. 199 Attachment: Supplemental Correspondence (2637 : Adoption of Moratorium Ordinance)
9.A.d
Packet Pg. 200 Attachment: Legal Ad - Moratorium (2637 : Adoption of Moratorium Ordinance)