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Agenda 07/08/2014 Item # 10BProposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. (Commissioner Fiala's request) Add On Item 10B: 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. (Commissioner Fiala's request) Continue Item 1l A to the September 91 2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Withdraw Item 11E: Recommendation to award Bid No. 14 -6269, "Collier County Northeast Recycling Drop -off Center," to Cleveland Construction in the amount of $5,156,769.21; and, authorize a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery," to Project 59009, "Northeast Recycling Drop -off Center." (Staffs request) Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. (County Attorney's request) Note: Item I IC Executive Summary title should read: Recommendation to approve an Agreement for Sale and Purchase with Asset Recovery XVIII, LLC, for the purchase of property to accommodate the future Wilson/Benefield Benfield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. Also, in the Objective section, the reference to a "302 + / -" acre parcel should be revised to a "305.59" acre parcel. (Staffs request) Item 16A1 Executive Summary title should read: Recommendation to approve an extension of two three years for completion of Site Development Plan (SDP) improvements associated with Tenchitas Convenience Store (SDP AR- 14305) pursuant to Section 10.02.03 H of the Collier County Land Development Code. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Page 2 Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code enforcement liens with a combined accrued value of $138,238.19, for payment of $4,188.19 and a related settlement agreement, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. Also, the Recommendation section should read: That the Board of County Commissioners waives accrued fines in the amount of $134,050, accept payment of $4,188.19, releases the liens, and authorizes the Chairman to sign the attached lien releases for recording in the Official Public Records, and attached Mutual General Release and Settlement Agreement. (Staffs request) Item 16E10: For purchases estimated to be greater than $50,000 per order and less than $200,000 per order, the department may quote out work among the awarded vendor(s) with Purchasing Department approval. (Staffs request) Items 17B and 17C: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (Staffs request) Time Certain Requests: item 11D to be heard at 10:45 a.m. (Commissioner Fiala's request) 7/8/21117 10:08 AM Martha S. Vergara From: Sent: To: Cc: Subject: Attachments: Good afternoon, Brock, MaryJo Monday, July 07, 2014 2:35 PM DLCOMM; Minutes and Records; Klatzkow, Jeff; Neet, Virginia; Althouse, Tammy; Durham, Tim; Sheffield, Michael; Price, Len; Yilmaz, George; Carnell, Steve; Casalanguida, Nick; Crystal K. Kinzel; Flanagan, Jim; Hayes, Karen; Pettit, Jim; Scardino, Alexandra; Smith, Camden Brock, MaryJo Add on item(s) Add On Item 10A.pdf; Add On Item 10B.pdf Attached please find two add on items to tomorrow's agenda. Items 10A and 10B. -40— Thank you, MJ Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office maryjobrock @colliergovnet 239.252.8364 i i Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 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 I of 2 RM Add On Item 1013 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 lOB 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" 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 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 Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney CP \14 -COA -00209 2of2 TOM HENNING, Chairman GAS STATION PROJECTS IN COLLIER COUNTY � r 11 Project Description Approz distance to Residential toning Application Type &Status ist " mmission Location Project Name J Construct on of a 7 -11 Convenience and Gas 7 to Sleet Meadows residential units P120140001124 - Pre -App held on June 3, 2014.. No L Fiala 8370 Sierra Meadows Blvd. ` 7 -11 Station SOP proposing a Murphy Oil USA fueling and 141' to Discovery Yltaga application submitted to date. station with a 1,200 9 prefabricated convenience store, an overhead canopy with 8 Adjacent to HoBday Manor Mobile SOP - PL20130000773. Application pending final 1 ', Fiala Coiner Blvd Murphy Otl pumping islands, two - 20,000 gallon Home Pe rk approval. underground storage tanks, and associated outside sales to include two ice bones, an ,',: •. ' - �- air/vac statlon,and a propane tartk pad.. Construct a RaceTrac gas station and associated site improvements on a vacant Adjacent to mobile horns and Hitching PL20140001388 Pre -App scheduled for July 3, 2014. 3 Fiala 7amlami Trail East ReceTraC Gas Station commercial parcef off US-4L Site to include a Post recreatiortal area . 5,929 SF COf erriQnee store bua?idine With Putt, SDP with DR for Architectural & landscape Pt201400f)0378 Applcaton under review. -Auto Service Petition Waiver for 1 '' Fiala : 2045 Tamiami Trail Easy RaceTrac Gas Statiort at Palm Street Buffers for new 5,9285E commercial retail Adjacent to singe family residential PL2fl140000797 separation requirements. store with 24 Gas pumps. poi - PL201400008S9 - Application under review. 5Dp Ta construct a Raceinc Gas Stationand Convenience Store At the SW earner of the 735' from Sierra Meadows residerRiaf 1)Rt - Pt20i40000893 -Site Development Plan -0859 °`: Sierra Meadows PUO Rattlesnake & z—,ATrac Gas Station intersection of Rattjesnake Hammock and VH unts and adjacerd to JNscovery lags companion item to DRI - P1- 2014 - No Pa 1 Fiala Colder Blvd. Coiner Blvd. application submitted to date. Site Plan with Deviations Application to SOP - Adoce nt w Henderson Craelc mobil SOP with DR - PL20140001177 4o SOP 2ti100002630. Building Permits for the Canopy; burnpater Encimure L ; Fiala 6190 Coll;er sfvd. RaceTrac Gas Station at Manatee 2OSD00016AG for Arrhitectu4 & Landscape. hoMS and Cone. Store are c uredtly under review_ a Application to demolish tfae existiri g b SDP Pt20100Q0WG SfIP approved, pending fare t Preiults f¢r` UrJrn �' ; :P t;18Htal!>etl3ivrt ey+sc�Stg*w z. stye �attonanelctuiStt► a4 i"*ta�c, i aAi roatir+aittiY'under I : z {tACETAAC gas station. � r 11