Agenda 09/23/2014 Item #16A139/23/2014 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Resolution #14 -155, which placed a stay on
Development Orders for Service Stations with more than eight fuel pumps when the proposed
facility is adjacent to Residential Property.
OBJECTIVE: To seek Board of County Commissioners (Board) approval to a staff
clarification amendment to Resolution #14 -155 (Exhibit "A "), 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.
CONSIDERATIONS: On July 8, 2014, the Board adopted Resolution #14 -155, which placed a
moratorium on the issuance of Development Orders on service stations, with more than eight
pumps when the proposed service station was located adjacent to residential property. From
review of the meeting minutes (Exhibit "B ") from the public hearing, the Board utilized the
term adjacent and abutting within the discussion. The resolution ( #14 -155), which was ultimately
adopted based on the discussion, applied the stay on projects adjacent to residential property.
On August 20, 2014, the Growth Management Division hosted a pre- application meeting for a
proposed gas /service station at the intersection of Radio Road and Davis Boulevard. Exhibit
"C" and Exhibit "D" illustrates the proposed location in proximity to the Mac residential PUD
and the Cedar Hammock residential PUD. The Mac PUD is an undeveloped multifamily
residential project, approved in 2005 and separated (approximately 340 feet) from the proposed
station by the Radio Road right -of -way. The Cedar Hammock PUD is a built -out residential
development of 799 units and separated (approximately 150 feet) from the proposed station by
the Davis Boulevard right -of -way, but the area within the Cedar Hammock adjacent to the
proposed station is the preserve track of the PUD, as shown within Exhibit "E ". It should be
noted, that the current draft of the Board directed LDC amendment would not require the site to
be subject to the conditional use process. The draft of the language requires projects with greater
than eight fuel pumps within three hundred feet of a residential lot to satisfy the conditional use
process. There are no proposed fuels pumps within 300 linear feet of a residential lot regarding
the proposed project.
As noted, both of these residential PUD's are by definition, adjacent to the proposed station and
therefore subject to Resolution #14 -155. Section 1.08.02 (definitions) of the Land Development
Code (LDC) defines both adjacent and abutting:
Adjacent: To share a common property line or boundary, or to be separated by a public right -of-
way, easement, or water body.
Abut or abutting: To share a common property line or boundary at any one point.
From the plain reading of the terms and the specific utilization of the term adjacent within
Resolution 414 -155, the proposed location would be subject to the stay on DO issuance. Based
upon the conditions described above, concerning the distance of separation within the right -of-
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ways, the location of Preserve tracks and the status of development, staff does not believe the
intent of the Board was to apply the limitations of -Rein 414 -155 to a project with the
described location characteristics. Staff is seeking Board approval of an amendment clarifying
the intent of Resolution #14 -155, by approving abutting as the restrictive term in the resolution.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a
majority vote for approval. —HFAC
GROWTH MANAGEMENT PLAN IMPACT: The clarification provided by Board will
have no impact upon the Growth Management Plan.
RECOMMENDATION: That the Board approves an amendment (Exhibit "F ") to Resolution
#14 -155 clarifying that the stay on development is restricted to properties that are abutting a
residential property, not adjacent to a residential property.
Prepared by: Mike Bosi, AICP, Planning & Zoning Director, Growth Management Division
Attachments: Exhibit "A" — Resolution #14 -155; Exhibit `B" — July 8, 2014 BCC Public
Hearing meeting minutes Exhibit "C" — Aerial of project relationship to MAC PUD; Exhibit
"D" — Aerial of project relationship to Cedar Hammock PUD; Exhibit "E" — Cedar Hammock
PUD Master Plan; Exhibit F" — Amended Resolution.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
9/23/2014 16.A.13.
Item Summary: 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. Recommendation to
approve a clarification on the applicability of Resolution #14 -155, which placed a stay on Development
Orders for Service Stations with more than eight fuel pumps when the proposed facility is adjacent to
Residential Property.
Meeting Date: 9/23/2014
Prepared By
Name: bosimichael
Title: Director - Planning and Zoning, Comprehensive Planning
Approved By
Name: ashton_h
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 09/02/2014 02:38:07 PM
Name: marcellajeanne
Title: Executive Secretary, Transportation Planning
Date: 09/08/2014 09:27:17 AM
Name: ashton_h
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 09/17/2014 11:14:18 AM
Name: markisackson
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 09/17/2014 11:27:50 AM
Name: EdFinn
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 09/17/2014 11:39:31 AM
Name: klatzkowjeff
Title: County Attorney,
Date: 09/17/2014 01:05:48 PM
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9/23/2014 16.A.13.
Name: ochs_1
Title: County Manager, County Managers Office
Date: 09/17/2014 02:40:26 PM
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EXHIBIT "A" 9/23/2014 16.A.13.
RESOLUTION NO. I4 -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
CONS IDERATION OF SUCH PROPOSED LAND USE AND
DEVELOPMENT REGULATIONS BY THE COUNTY.
WHERE-AS, the Board of County Commissioners of Collier County ( "Board. ") has
directed County staff to develop proposed land use regulations addressing the regulation of
autorobile service stations in certain areas; and V
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 I.PA 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 sen.-ice stations adjacent to .residential. property during this "zoning in
progress" is detrimental to the lest interests of the citizens of the Collier County.
NOW, `I IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS 01. 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
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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 d e clopme t rd ers.
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 ".
1. 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 tern 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 ---To , 2014.
:ATTEST:
I)wIGHT- E, :'BRO `K. CLERK
Deputy
Att@st I S to aa'
ffl
signature 01�-
W
Jeffrey
County
(T% 14-(.,0,k-(1020q
J �l
and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, 'LOR.IDA
TOM RENNIN . _1 airman
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EXHIBIT "B„
Item #I OB
9/23/2014 16.A.13.
July 8, 2014
RESOLUTION 2014 -155: A RESOLUTION TO STAY THE
RECEIPT OF NEW APPLICATIONS FOR DEVELOPMET
ORDERS REGARDING AUTOMOBILE SERVICE STAT
INCLUDING GAS STATIONS, ADJACENT TO RESID r
PROPERTY WHILE THE PROPOSED LAND USE
IS PREPARED AND VETTED; AND FOR ST
AND BRING FORWARD A LAND DEVELO`
AMENDMENT REGARDING THE REGULA
AUTOMOBILE SERVICE STATIONS,
STATIONS, ADJACENT TO RESIDEIN
HAVE MORE THAN EIGHT (8) F
FOR FUELING OF MORE T4A�9M
POINT IN TIME - MOTION
AND BRING BACK AN L
AUTO SERVICE STA
STATIONS ADJ
HAVE MORE T
PROVIDE
ANY POIT
ATTORNI
DE
,ION
OP
G GAS
OP RTY WHICH
S R PROVIDE
(8) CARS AT ANY
STAFF TO DEVELOP
,NT REGARDING
ULATION INCLUDING
RESIDENTIAL PROPERTY WHICH
(8) FUEL PUMPS OR THAT
O ORE THAN EIGHT (8) CARS AT
Jw AND ADOPTING THE COUNTY
:ED RESOLUTION — ADOPTED
NQAS: Commissioners, that takes us to Item 10.13 on your
a n
Z is was an add -on item by Commissioner Fiala. It's a
reco ndation to direct staff to develop or 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 fuel pumps or provide for fueling of more
than eight cars at any point in time. And also to adopt the resolution to
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July 8, 2014
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.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I think at the same ti
possibly, and Nick, you would have to guide me on this on e%
think this is -- our C -4 zoning right now is pretty out o
know when we came together with that, at: least 20, ago. And
at that time colossal gas stations were never even o .
Things have changed for all of our C -4s. -- especially
when they abut residential neighborhoods, hoping at the
same time maybe we could look through a there are any others
that we need to modify or improve up at t same time.
MR. CASALANGUIDA: Fo ord, Nick Casalanguida,
Growth Management Divisi
I think there are two qt
MR. OCHS: Get cl
MR. CASALAN
suggested. Obvi
on your writeup.
* mic.
One is to look at the zoning as you've
ion comes up commercial use adjacent
to residential.
The b g . sue hink is the stay on processing the applications.
I think thos a separate items. So as far as the zoning is
concern e happy to do that. That's come up several times
wi t But as far as the stay is .concerned, I think that's a
samara cussion.
S STONER FIALA: You mean the moratorium that we
talked of last time?
MR. CASALANGUIDA: Yes, ma'am.
So I think those probably need to be addressed separately. We
can certainly work on the zoning question. But, you know, how the
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July 8, 2014
Board feels about putting a stop to any development right now with
that --
COMMISSIONER FIALA: 'Well, you can't stop what's already
been purchased and approved. You know, that's done, that would take
away property rights. And I know we can't do that. As harm as
maybe some might look or appear right now, still that's done.
But I think that any future purchases of C -4 zoning be
address this issue could be stopped so that it doesn't ha,, a body
else's community.
MR. CASALANGUIDA:
Certainly could,
majority of the Board.
CHAIRMAN HENNING: Okay, I
is a moratorium on anybody petitioning
this particular use there has to be -- it'
correct, Nick?
MR. CASALANGUID
talking about are by right in
couple of parcels in North,
coming in with an. DP
gas station applica o �` a '
Essentially it
e on C -4 on
use; is that
sb qF the gas stations that we're
kno , for instance, I know a
hat could put in a RaceTrac just by
:e of the RaceTrac applications or mega
s a distance waiver requirement that
will have to cQ e in ont of the Board, which is one of the issues
we've beenis ing well too.
Wei
hat he i e at hand. And sometimes they are by right.
+ee next to residential the Land Development Code
ntial wall, and it says may be a wall and then a buffer.
kIRMAN HENNING: And Jeff, with that moratorium is a
y taking of property rights?
. KLATZKOW: No, I crafted it so it's lawful. It's zoning in
progress. If the Board decides that this is something that you want to
consider doing, what you do is okay, stop anything new until we have
a chance to look at this and make a determination. And part _of the
606
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July S, 2014
problem we're dealing with is the Board's about to go on a summer
recess and so by the time we get back to you we may have the horse
out of the barn. That's the purpose of the moratorium.
CHAIRMAN HENNING: Do we have public speakers on this
item?
MR. MILLER: Yes, sir, we have one registered public er.
Mr. Richard Yovanovich.
COMMISSIONER HILLER: Isn't there an autho s our
same last name?
MR. YOVANOVICH: I wish she was my a ut s e's not.
COMMISSIONER HILLER: You're not
MR. YOVANOVICH: Not related.
Good morning. For the record, Rich 'ch.
I think, Commissioner Henning, ..0 ki of hi the nail on the
head, This is a de facto morato�ri c . ently existing property
rights. You have C -4 zoned on ve the right to build a gas
station on it today, unless yo 50 feet of another gas station,
then you have the right to d ask for a. distance waiver.
'there, as I u er proposed regulation today, and
something came discussion regarding the purchase of
nronerty. I reuresen ace rac and thev have a couple different
Site
wn those
and they've
ke to continue
y obtain
I believe the way the resolution has been written is that they
would be allowed to do that, even though they don't currently yet own
the property. I just need to make sure that that's clarified on the record,
that they would be allowed to continue through the Site Development
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July 8, 2014
Plan process on the C -4 zoned properties that they have identified as --
two of them are by right, one of them you've already heard some
testimony regarding the waiver application that has. already been
applied for. We just want to make sure we can continue on with those
processes, because you are effectively adopting a moratorium r all
future applications. And I don't believe you're doing the rig h ess
to adopt a moratorium while you look at this issue.
But it may not matter if the applications that we c ve in
the process continue on.
CHAIRMAN HENNING: Commissioner F' it your intent
to stop these SDPs through this item that you agenda?
COMMISSIONER FIALA: As I sta ing away
what they've already gotten. I didn't realiz 'town them. I
didn't -- that was not my, intention at M tention was to protect
you guys in your districts. There's I can do about ours.
And I would offer that h t t RaceTrac would
consider when it's abutting n the 5 and older community,
they would put in a Race t �. ould seem more conducive to a
neighborhood rath th ,.. u ow, the monster place. But I have --
they can build it r1 , I ave no say n it nor does our staff. They
y
can just do it. just n't want to have this happen to anybody else.
CH AI HE ING: Does that answer your question?
MR. Y VICH: I guess the answer is yes, we can continue
on and e o Rding permits on those properties that we've already
sz ea a ' process.
twATZKOW: Yes.
. YOVANOVICH: That's all I'm trying to confirm.
. KLATZKOW: Any pending application this would not
affect.
MR. YOVANOVICH: That's the concern we have.
CHAIRMAN HENNING: Right.
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July 8, 2014
COMMISSIONER FIALA: And you can tell them we would
hope that they would be considerate of their neighbors.
MR. YOVANOVICH: And I don't want to -- I mean, I can't --
and we are, and we're making sure we're doing appropriate buffering
and appropriate walls and all the like. I can't help that some p le
may not want to live next to a gas station, but we are taking o
neighbors into consideration.
CHAIRMAN HENNING: I believe there's a moti ove
by Commissioner Hiller; is that correct? And a seco
Commissioner Fiala? Or am I wrong? .. 4
COMMISSIONER HILLER: A motion
it needs to be bifurcated in two parts, and
The first is to direct staff to expeditiously 15
Development Code to, you know,
regulation -- you know, to proerl
stations, including gas statio a
more than eight fuel pumps.
COMMISSIONER >� :J
COMMISS
than eight car ai
CO I
-- no, I think
two motions.
Land
-- to develop
automobile service
property with
Right.. Second.
Okay, that's a motion.
: And/or providing fueling for more
;. So that's the first one.
And you've got a second.
S : qtr. Chairman?
HENNNG: Yes.
I'm sorry, Commissioner Coyle I believe wants to
this as well.
IRMAN HENNING: Are you sorry about that?
OCHS. No, I'm sorry for the interruption.
COMMISSIONER HILLER: You are so sarcastic today.
MR. DURHAM: Sir, Commissioner Coyle is in favor of the
motion.
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July 8, 2014
CHAIRMAN HENNING: Okay, the motion just stated by
Commissioner Hiller and seconded by Commissioner Fiala.
MR. DURHAM: Correct.
CHAIRMAN HENNING: Discussion on that motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, s' i by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: tries 5 -0.
COMMISSIONER HIL k the next motion is to
adopt a resolution to stay the A' A ne applications for
development orders regar obile service stations, including
gas stations adjace to l property while the proposed land
use regulation is
d and vetted. And that that resolution be
done in such way to not result in any takings of private property
rights that 'e ed.
CI-IAI `IENNING:
Well, that's a .mouthful. I mean, what
are we rea ! a ' g here? They already have the right to do it.
IONER HILLER: No, he -- Jeff?
ATZKOW: The resolution I prepared is a lawful
reso s t' as its written.
MMISSIONER HILLER: So it satisfies the direction.
CHAIRMAN HENNING: No, you're saying --
MR. KLATZKOW: It's a different direction.
COMMISSIONER HILLER: I'm sorry? How would you like the
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July 8, 2014
motion made?
MR. KLATZKOW: Motion to approve the resolution.
CHAIRMAN HENNING: That's right.
COMMISSIONER HILLER: Oh, just to approve the resolution?
MR. KLATZKOW: That's the simplest.
COMMISSIONER HILLER: Okay. So motion to appr e
resolution.
COMMISSIONER FIALA: Second. ..
CHAIRMAN HENNING: Motion by Commi
second by Commissioner Fiala.
Discussion?
MR. DURHAM: Commissioner
CHAIRMAN HENNING: All ir
saying aye.
COMMISSIONER Awl
I
,
CHAIRMAN
COMMISSIONER
COMMISSIONER
COMMISSIONEa
Opposed?
IENNING: Motion carries 5 -0.
minutes until lunch break.
er,k
the motion.
)n, signify by
ON 2014 -156: ESTABLISHING PROPOSED
GE RATES AS MAXIMUM PROPERTY TAX RATES TO
BE LEVIED IN FY14 /15 AND REAFFIRMING ADVERTISED
PUBLIC HEARING DATES IN SEPTEMBER 2014 FOR THE
BUDGET APPROVAL PROCESS — ADOPTED
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9/23/2014 16.A.13.
RESOLUTION NO. 14-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
AMENDING RESOLUTION NO. 14 -155 RELATING TO THE "ZONING IN
PROGRESS" DECLARATION FOR AUTOMOBILE SERVICE STATIONS
WITH MORE THAN EIGHT FUEL PUMPS, CLARIFYING 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:
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 aE3aeeat te abutting-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 adjacent-te abuttin residential property shall be
prohibited, unless an application for said development order is pending prior to the adoption of t#is
rResolution No 14 -155 on July 8, 2014.
THIS RESOLUTION ADOPTED upon 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:
Heidi F. Ashton -Cicko
Managing Asst. County Attorney
ffix
TOM HENNING, Chairman
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