Agenda 07/07/2015 Item #12A7/7/2015 12.A.
EXECUTIVE SUMMARY
(This item to be considered immediately after Agenda Item 9 -D) Recommendation to
rescind Resolution No. 14 -155, as amended, relating to the "Zoning in Progress"
declaration which prohibited the issuance of Development Orders for automobile service
stations abutting residential property.
OBJECTIVE: To lift the stay on the issuance of Development Orders for automobile service
stations abutting residential property.
CONSIDERATIONS: On July 8, 2014 (Agenda Item 10 -B), the Board of County
Commissioners (Board) directed 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 8 fuel pumps or provide for
fueling of more than 8 cars at any point in time. The Board also adopted Resolution No. 14-
155 which declared that the development and consideration of these Land Development Code
Amendments constituted "zoning in progress," and prohibited the issuance Development
Orders for automobile service stations adjacent to residential property until such time as the
Board could consider the proposed land use regulations. The Board subsequently adopted
Resolution No. 14 -189 which amended and clarified this prohibition to "automobile service
stations abuttina residential property."
At its June 23, 2015 regular meeting (Agenda Item 9 -A), the Board commenced the process of
reviewing and considering the requested Land Development Code Amendments. Following
discussion of this item, the Board determined that the prohibition on the issuance of
Development Orders imposed by Resolution No. 14 -155, as amended, should be lifted.
There are two proposed Resolutions, with the difference being whether the Board adopts the
proposed LDC change. Should the Board adopt the change, the Resolution would lift the
moratorium upon the LDC amendment becoming effective (thus preventing a potential "race
to file" an application between the lifting of the moratorium and the effective date of the
ordinance). Should the Board not adopt the LDC amendment, the alternative Resolution
would lift the moratorium immediately.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed Resolutions and
approved them as to form and legality. This item requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts a Resolution
rescinding Resolution No. 14 -155 and Resolution No. 14 -189 in order to lift the stay on the
issuance of Development Orders for automobile service stations abutting residential property.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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7/7/2015 12.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
Item Summary: This item to be heard immediately following Item 9D. Recommendation to
rescind Resolution No. 14 -155, as amended, relating to the "Zoning in Progress" declaration which
prohibited the issuance of Development Orders for automobile service stations abutting residential
property.
Meeting Date: 7/7/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/26/2015 4:03:54 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
6/26/2015 4:03:55 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/29/2015 9:44:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/29/2015 10:17:46 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/29/2015 11:58:09 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
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Date: 6/29/2015 12:06:29 PM
Name: IsacksonMark
7/7/2015 12.A.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 12:13:31 PM
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7/7/2015 12.A.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 14-
155 AND RESOLUTION NO. 14 -189 RELATING TO THE "ZONING IN
PROGRESS" DECLARATION WHICH PROHIBITED THE ISSUANCE
OF DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE
STATIONS ABUTTING RESIDENTIAL PROPERTY.
WHEREAS, on July 8, 2014, the Board of County Commissioners (Board) directed staff
to develop a Land Development Code Amendment regarding the regulation of automobile
service stations, including gas stations, adjacent to residential property which have more than 8
fuel pumps or provide for fueling of more than 8 cars at any point in time; and
WHEREAS, on July 8, 2014, the Board adopted Resolution No. 14 -155 which declared
that the development of this Land Development Code Amendment constituted "zoning in
progress," and prohibited the issuance Development Orders for automobile service stations
adjacent to residential property until such time that the Board could consider the proposed land
use regulations; and
WHEREAS, the Board subsequently adopted Resolution No. 14 -189 which amended and
clarified this prohibition to "automobile service stations abutting residential property;" and
WHEREAS, the Board has completed the process of considering the requested Land
Development Code Amendments and desires to remove the prohibition on the issuance of
Development Orders imposed by Resolution No. 14 -155 as amended by Resolution No. 14 -189.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Resolution No. 14 -155 and
Resolution No. 14 -189 are hereby rescinded and are of no further force or effect.
THIS RESOLUTION ADOPTED after motion, second, and majority vote, this V" day of
July, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Appr#velo form and legality:
Jeffrey t. Ilatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
_:
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TIM NANCE, CHAIRMAN
7/7/2015 12.A.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 14-
155 AND RESOLUTION NO. 14 -189 RELATING TO THE "ZONING IN
PROGRESS" DECLARATION WHICH PROHIBITED THE ISSUANCE
OF DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE
STATIONS ABUTTING RESIDENTIAL PROPERTY.
WHEREAS, on July 8, 2014, the Board of County Commissioners (Board) directed staff
to develop a Land Development Code Amendment regarding the regulation of automobile
service stations, including gas stations, adjacent to residential property which have more than 8
fuel pumps or provide for fueling of more than 8 cars at any point in time; and
WHEREAS, on July 8, 2014, the Board adopted Resolution No. 14 -155 which declared
that the development of this Land Development Code Amendment constituted "zoning in
progress," and prohibited the issuance Development Orders for automobile service stations
adjacent to residential property until such time that the Board could consider the proposed land
use regulations; and
WHEREAS, the Board subsequently adopted Resolution No. 14 -189 which amended and
clarified this prohibition to "automobile service stations abutting residential property;" and
WHEREAS, the Board this date has amended the Collier County Land Development
Code in order to create more stringent standards for certain facilities with fuel pumps which
impact residential properties in order to lessen the negative impact to these residential properties
caused by such facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that immediately upon these changes
to the Collier County Land Development Code becoming effective, Resolution No. 14 -155 and
Resolution No. 14-189 shall be rescinded and shall be of no further force or effect.
THIS RESOLUTION ADOPTED after motion, second, and majority vote, this 7th day of
July, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
TIM NANCE, CHAIRMAN
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RESOLUTION NO. 14 -155
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 Ends 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 l7 RESOLVED BY THE BOARD OF COUNTY
COMMMISSIONERS 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 Z
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7/7/2015 12.A.
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 __T u , 2014.
ATTEST: .
DWIGHT-E - BROOK. CLERK
t j J }+��
Attest A
si�trac�e o
Jeffrey
County
00i 14- ( :0A4W209
t�s•
:v
and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, LORIDA
TOM HENNIN , hairman
2of2
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RESOLUTION NO. 14-18 9
A RESOLUTION OF THE BOARD OF COUNTY CoMvIMIONERS
AMENDING RESOLUTION NO. 14-155 RELATING TO THE "ZONING IN
PROGRESS" DECLARATION FOR AUTOMOBILE SERVICE STATIONS
WITH MORE THAN EIGHT FUEL PUMPS, CLARI17MG 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:
I. 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 adjaeentto abuttine 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 edjaeeAt to ghuginFresidential property shall be
prohibited, unless an application for said development order is pending prior to the adoption of tl3is
rResolution No 14-155 on July 8. 2014.
'1
THIS RESOLUTION ADOPTED upon majority vote this � day of k , 2014.
ATTEST:
DWIGrIIYSPl ROCK, CLERK
AttesteA�s' �1nan's
i�?n ^A�ira t+nlM
" ved as to form and legality:
App"
7J1
f
Heidi F. Ashton -Cicko
Managing Asst. County Attorney
BOARD OF COUNTY
COLLIER CGQNTY_ F
114 -COA- 00209/1 11748411146
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