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Backup Documents 03/22/2016 Item #17B
COLLIER COUNTY FLORIDA 3-22-2016 REQUEST FOR LEGAL ADVERTISING OF PUB CHARTER SCHOOL MORATORIUM To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: A' (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A. Klatzkow Date: February 23,2016 Petition No.(If none,give brief description): Ordinance—Charter Schools < rp ` m te r^ '-rt Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separatiPsheet7P Sopove Hearing before BCC BZA Other .4 C) 3::• to Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) March 22,2016(acgo runo lattevthan WEDNESDAY,March 2,2016) 73 © ) N c� Newspaper(s)to be used: (Complete only if important): da XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE,PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Pe'tion Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500162663 Review . P:, 4111t ; Division "''• ,i ator or Designee Da 1- a List Attac -'.ts: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: O air(0 Date of Public hearing: 3—aa--lia Date Advertised: 17B ORDINANCE NO.2016- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public schools are currently a permitted use within all commercial, residential and estates zoned districts; and WHEREAS, pursuant to Section 1002.33, Florida Statutes, "All charter schools in Florida are public schools;"and WHERAS, charter schools are not subject to the educational facility site selection process set forth in Sections 1013.33 and 1013.36, Florida Statutes and the Interlocal Agreement for Public School Facility Planning and School Concurrency dated October 14, 2008 between the Collier County Board of County Commissioners, Florida and The District School Board of Collier County, Florida; and WHEREAS,based on the lack of a current site selection process for charter schools in the Collier County Growth Management Plan and Land Development Code, property owners near new charter schools have no voice or recourse when such development negatively impacts noise, glare,traffic generation and other negative site impacts to their homes and businesses; and WHEREAS, the Board of County Commissioners wishes to develop Growth Management Plan and Land Development Code Amendments which would protect not only the property interests of charter schools,but also the property rights of those which may be adversely impacted by such development; and WHEREAS, the Board of County Commissioners has directed staff to study and evaluate this issue; and to bring back to the Board proposed amendments to the Collier County Growth Management Plan and Land Development Code; and WHEREAS, the Board of County Commissioners wishes to place the public and all parties on notice that it is considering such land development regulations amendments and creating a temporary moratorium on the acceptance, processing and consideration of applications for development orders for charter schools concerning all commercial, residential and estates zoned properties; and WHEREAS, the Board of County Commissioners finds that this Ordinance is in the best interests of the County and its residents and promotes the health, safety and welfare of the public. 1 176 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION ONE: INTENT. The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the Board's legislative findings. SECTION TWO: MORATORIUM. The Board of County Commissioners hereby places a temporary moratorium (suspension) on all applications for development orders concerning all commercial, residential and estates zoned properties with respect to Charter Schools for six months following the enactment of this Ordinance. Provided, however, that this moratorium shall not apply to anyone who has previously filed an application for a development order of a charter school. For the purposes of this Ordinance,the term"development order" means the same as defined by Section 163.3164, Florida Statutes. The moratorium established by this Ordinance may be extended or terminated early by adoption of an ordinance or a resolution of the Board of County Commissioners. SECTION THREE: NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County Commissioners that this Ordinance not be codified. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective February 23, 2016, the day the Board of County Commissioners first took official action to adopt this moratorium in accordance with Smith v.City of Clearwater, 383 So 2d 681 (Florida Second DCA 1980). PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County,Florida,this day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk DONNA FIALA, CHAIRMAN Appro j-d . � fo is - •- legality: ��1i�IfJ A Jeffrey i,41 ,County Attorney 2 17B Acct #027354 February 24, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Declaring a Temporary Moratorium on Charter Schools Dear Legals: Please advertise the above legal notice Wednesday, March 2, 2016 and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162663 17B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, March 22, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE,PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk(SEAL) Ann P. Jennejohn 17 B From: Ann P.Jennejohn Sent: Wednesday, February 24, 2016 2:41 PM To: Naples Daily News Legals Subject: Charter School Moratorium Attachments: Charter School Moratorium.doc; Charter School Moratorium.doc Hi there, Please advertise the attached on Wednesday, March 2, 2016. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustiment Board Collier County Board Minutes & Records Dept Ann P. Jennejohn 17 B From: ivonne.gori @naplesnews.com Sent: Wednesday, February 24, 2016 4:38 PM To: Ann P.Jennejohn Cc: Ivonne Gori Subject: Ad: 962002, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-10-962002-1.pdf Attacked is the docuwtevtt you requested. Please review avid let us kvtow if you have avty questiovts. Thavtk you. Ivovtvte Gori I Legal Advertisivtg Specialist 0: 239.213.6061 F: 23 9263.4307 E:ivovtvte.gori @NaplesNews.cowt A: 1100 Iw►vvtokalee Road I Naples, FL 34110 1 > Ad Proof Napirs B 1aiLij N Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com —1111111=1111=11 — —11111E1111=111, ""' Date:02/24/16 This is a proof of your ad scheduled to run on the dates indicated below Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161. Ad Id:962002 P.O.No.:45-162663 Total Cost:$399.03 Contact Name: Email:NancyBradley @colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:03/02/16 Stop Date:03/02/16 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,March 22,2016,in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES;PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item most register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the evidence upon made,the appeal record includes the testimony and If you area person with adisabil ity who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By:Ann Jennejohn Deputy Clerk(SEAL) March 2,2016 No.962002 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 1713 Ann P. Jennejohn From: Neet, Virginia Sent: Friday, February 26, 2016 11:12 AM To: Ann P.Jennejohn Subject: RE: Charter School Moratorium Notice Approved. Thank you!! Pinny Original Message From: Ann P. Jennejohn [mailto:Ann.Jevtvtejohvt @collierclerk.cowt] Sent: Wednesday, February 24, 2016 4:46 PM To: NeetVirgivtia Subject: Charter School Moratorium Notice Hi Pinny, The legal proof for the temporary Charter School Moratorium, that will run next Wednesday, March 2nd, 2_016 for the March 2_2 13CC Meeting, is attached for your review avid approval. Thank you! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment T3oard Collier County 13oard Minutes & Records Dept Original Message From: ivonne.gori @vtaplesnews.com [mailto:ivonne.gori @vtaplesnews.com] Sent: Wednesday, February 24, 2_016 4:38 PM To: Ann P. Jennejohn Cc: Ivonne Gori Subject: Ad: q,zooz, NOTICE OF PU13LIC HEARING NOTICE OF I 1 / B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, February 26, 2016 11:15 AM To: 'ivonne.gori @naplesnews.com' Subject: RE: 962002, NOTICE OF PUBLIC HEARING NOTICE OF I Looks great Ivovtvte, please publish next Wedvtesday, March 2, 2016. Thank you! Avwt Jevtvtejokvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Original Message Frowt: ivovtvte.gori @vtaplesvtews.cov [w tailto:ivovw.e.gori @vtaplesvtews.cowt] Sevtt: Wednesday, February 24, 2016 4:38 PM To: Ann P. Jevtvtejokvt Cc: Ivovwte Gori Subject: Ad: g62oo2, NOTICE OF PUBLIC HEARING NOTICE OF I Attacked is the document you requested. Please review and let us kvtow if you have any questions. Thank you. Ivovtvte Gori Legal Advertising Specialist 0: 23 @.213.(00101 F: 23@.263.4307 E:ivovwte.gori @NaplesNews.cowt A: 1100 Iwu okalee Road I Naples, FL 34110 1 Florida Public Notices: Search for Public and Legal Notices in FL newspapers 117B LEGAL NOTICE THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS WILL HOLD ITS REGULAR MONTHLY MEETING ON THURSDAY,MARCH 10,2016 COMMENCING AT 9:00 A.M.IN THE TRAINING ROOM AT THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICTS STATION 45 LOCATED AT 1885 VETERANS PARK DRIVE,NAPLES,FL 34109. The agenda will be available the Monday prior to the meeting at www.northcollierrire.com;or by calling 239-597-3222 to request a faxed or emailed copy;or by visiting Station 45 located at 1885 Veterans Park Dr.Naples,FL 34109. The North Collier Fire Control and Rescue District does not discriminate on the basis of disability.Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Lori Freiburg at(239)597-3222 or via email to Ifreiburg(j53northcollierfire.com. Chairman Norman E.Feder North Collier Fire Control and Rescue District March 2,2016 No.969201 Naples Daily News March 2,2016 Miscellaneous Notices NOTICE The Bonita Springs Fire Control and Rescue District is declaring Fire Commissioner Seat 2 as vacant and open effective March 25,2016.Interested parties may submit their Application for Board Appointment to Fire Chief Joseph V.Daigle no later than 4:00PM on Thursday,March 17,2016.Applications may be obtained through the District's website www.bonitafire.org.March 2,2016 No.969294 Naples Daily News March 2,2016 Miscellaneous Notices NOTICE OF PUBLIC SALE The following personal property of Muriel Goodie,Lisa Goodie,Muriel Lewis Goodie and/or Lisa Anne Goodie with no lien recorded,will,on Wednesday, March 16,2016,at 10:00 o'clock a.m.,at 514 Nettlewood Lane,in Naples Estates,located at Naples,Collier County,Florida,be sold for cash to satisfy storage fees in accordance with Section 715.109,Florida Statutes.Any person and/or entity that purchases the subject mobile home described herein may be required to immediately remove said mobile home from the lot in which it sits and from Naples Estates altogether.The mobile home is described as: Year/Model:1988 PALM double-wide mobile home VIN#'s:40650370AX and 40650370BX Title#'5:0046336873 and 0046336878 Additional personal property:N/A PREPARED BY: Shawn D.Arbeiter,Esq. Agent for Naples Estates 4430 SW 64th Avenue Davie,Florida 33314 (954)587-3058 March 2&9,2016 No.958419 Naples Daily News March 2,2016 Miscellaneous Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,March 22,2016,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE,PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL,RESIDENTIAL AND ESTATES ZONED PROPERTIES;PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA http://floridapublicnotices.com/search/ 1713 NapitS aiLij NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# OFFICE OF THE COUNTY ATTORNEY 962002 NOTICE OF PUBLIC HEA 45-162663 Pub Dates March 2,2016 ,/, 9 6,,,,,,,, (Sign ure of affiant) glodlhadlbioilbribridbiarlabiollmO NIII/, Sworn to and subscribed before me ■ ,+;w�•�;�,,, IVONNE 1 This March 07 2016 ($(11 Notary Public-State of Florida Commission •FF 900570 ,2,,-- --64y My Comm.Expires Jul 16,2019 �' ( „,a Bonded through National Nary Assn.4 IOL1 ► (Signatur of affiant) ' • O 17B w O NAPLES DAILY NEWS 4,Wednesday,March 2,2016 Si 27D •V O Tax Dec II AI;I! Lo TTx Deed ApplI ea on Te DC Aiphcatinn Tax DO IA1 1 wf, Z asses Id is as follows which Apn14a20160 P.M.on Monday, NowaErT WDMERDTIOM PoR IOnFCOII eUOCOUi t°y,FP rrty be rig NOTICE OF NTENT TO CONSIDER AN ORDINANCE O 0 FI Certificate Number.13-5609 Dated this 26th day of January, NOTICE IS HEREBY GIVEN that Name in which assessed: Notice is hereby given that an Tuesday.March 22,2016,In the V 1016. MACK LIVING TRUST MARVIN MARIA FLOR ORIUELA Board f County Caerter.oners Meeting Roam,Third Floor, En Z Property 100:6831RNF68F A HACK TTEES holder of the Coffer Government Center,3299 Tamiami Trail East,Naples FL., _ Description: PORT OF THE DWIGHT E.BROOK following tax certificate has Unless the property described the enactment of County Commissioners(BCC)will consider the �N/ ISLANDS RESORT A HOTEL CLERK OF THE CIRCUIT COURT filed d certificate for tax in said certificate shall be tment of a County Ordinance.The meeting will commence LG. CONDOMINIUM BLDG 0-150, deed to be Issued thereon. redeemed Coding to law, at 9:N A.M.The title of the proposed Ordinance is as follows: ED d property being in Collier BY:/s/Donna Rutherford Certificate number, year the property will be sold to County,Florida. of issuance.description.of the opic,hest bidder t the AN ORDINANCE OF THE BOARD OF COUNTY L IAJ Deputy Clerk property,is name in which Collier County Courthouse COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Name in which assessed: Donna Rutherford s as follows: Annex, 2nd Floor, Clerk's DECLARING AND IMPLEMENTING A TEMPORARY 0 I DUPREE WELDING & (Seal) Administration Conference MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, 4+ FABRICATION February 24 and March 2.9,& Certificate Number:13.3121 Room at 1:00 P.M.en Monday, PROCESSING AND CONSIDERATION OF APPMCATIONS t+ 16,2016 No.939837 April 4,2016. FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS < U Unless the property described PropertylD#:s GOLDEN 003 ZONED ALL COMMERCIAL,RESIDENTIAL AND ESTATES ■ said certificate shall be EATUDtion: GOLDEN GATE Dated this 26th day of January, WITHIN PROPERTIES;PROVIDING FOR NON-INCLUSION IN in according to law, A EST UNIT 39 N1/2 OF E INFT 2016. THE CODE OF LAWS AND ORDINANCES;PROVIDING FO FAN y CO�N the property will be sold to �j�INE�3 R0]1�3CC�I�(C here! 1�1 OF TP d2 OR 294 PG 124,said CONFLICT AND SEVERABILITY:AND PROVIDING FOR AN 0 W Collier Countyidder at Courthouse property being In Collier C CLERK OF THE CIRCUIT COURT EFFECTIVE DATE. NaP SDaih NewsLaalfieds County,Florida. CZ Q_ Annex, 2nd Floor, Clerk's A copy of the proposed Ordinance is on file with the Clerk to the Administration conference Name in which assessed: BY:/s/Donna Rutherford Board tl is available for inspection.All interested parties are R a Room at 1:00 P.M.on Monday, NOTICE OF APPLICATOM PoR CRYSTAL I LLC invited to attend and be heard. "Z' April 4,2016. TAX DEED Deputy Clerk Unless certificate pparty described Donna Rutherford NOTE:All persons wishing to speak on any agenda Rem must e- 0 2016d this 28th day of January, NOTICE t HACK IVINGY TRUST in edeeime eordina 00 shall be February register agenwith a emt be addmanager.Individual presentation s l be February 36,and March 2,9,& MARVIN OR VIRGINIA HACK the property will be sold to 16,2016 No.038976 limited to 3 minutes on any item.The selection of any individual W DWIGHT E.BROOK TTEES,holder of the followin the highest bidder t the to speak on behalf of an organzation or group is encouraged. CLERK OF THE CIPCUIT COURT 0000e rtMcate has flied sal Collier County Courthouse If recognized by the Chairman,a spokesperson for a group or • F _ certificate for tax deed to be Annex, 2nd Floor, Clerk's pc, organization maybe allotted 10 minutes to speak on an item. BY:/s/Donna Rutherford issued thereon. Certificate Administration Conference lYV Persons wishing to have written or hit materials included in 0 r Q umber, year of Issuance Room at 1:00 P.M.on Monday, g graphic IN 0 Deputy Clerk name f property,and April 4,1016. the Board agenda packets must submit said material a minimum ` Donna Rutherford ¢ which assessed is as n of 3 weeks prior t,the respective public hearing.In any case (Seal) follows: Dated this 26th day of January, 1`O y1�(]/40 written materials Intended to be considered by the Board shah O Z Z February 24 and March 2,9,8 2016. 1` Ir/(�\/ be submitted to the appropriate County staff a minimum of 16,2016 No.939826 Certificate Number:13-3535 seven days prior to the public hearing.All materials used in NOTICE OF APPLICATION FOR DWIGHT E.BROCK presentations before the Board will became a permanent part TAX DEED Dcperpyon:3OL3929004 CLERK OF THE CIRCUIT COURT like here Any the record. decides to appeal any decision of the Beard Description:UNIT Ion. GOLDEN GATE y NOTICE IS HEREBY GIVEN EST UNIT 65 E 75FT OF TR 34 BY:/s/Donna Rutherford 11 rd a record of the proceedings pertaining thereto and N that HACK LIVING TRUST, OR 454 PG 539,said property MARVIN OR VIRGINIA HACK being in Collier County, Deputy Clerk therefore,may need to ensure that a verbatim record of the TTEES,holder of the following Florida.i Donna Rutherford is made,which record includes the testimony and tax certificate has filed said (Seal) evidence upon which the appeal is based. C certificate for tax deed to be Name in which assessed: February 24 and March;9,& Real Estate Q Issued thereon. Certificate ALINA MARTINEZ 16,1016 No.939955 Inyouareapersonwith adisabilitywho needs anyaccommodation umber, year of issuance, rder to participate in this proceeding,you are entitled,at N description of property,and Unless the�ratertydescribed NOTICE OFAPPLICATON FOR no cost to you,to the provision of certain assistance. Please name in which assessed is as in said certificate shall be TAX DEED ontact the Collier County Facilities Management Division, a) follows: deemed cco ding to law, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- the property will be sold to NOTICE IS HEREBY GIVEN 5356,(239)252-8380,at least two days prior to the meeting. Certificate Number:13-561 the highest bidder at the that HACK LIVING TRUST, Assisted listening devices for the hearing impaired are available 0 C Collier County Courthouse MARVIN OR VIRGINIA HACK in the Board of County Commissioners Office. a) n Property,ID#:IgoeewwQ Annex, 2nd Floor, Clerk's TTEES,holder of the following L.L 0 OF 51 ytion:23 50 26 W 365FT Administration Conference tax certificate has Flied said BOARD OF COUNTY COMMISSIONERS (n i OF 51/1 OF NI/2 OF NWI/4 OF Room at 1:00 P.M.on Monday, certificate for lax deed to be COLLIER COUNTY,FLORIDA �+ Q NW1/4 OF SW1/4 LESS yW April 4,2016. issued thereon. Certificate E U 'L said property being in Collier umber, year of issuance, ONNA FIALA,CHAIRMAN Q Florida. ted this 1st day of February, description of property,and _ County,Iprlda. p C• D 0 1016. e c which assessed is as F�,^^,3 DWIGHT C.mnejohn CLERK 0 0 Name in which assessed: follows: Find��t7$ i By.Ann Jennelohn - �) .) MARY LYNN JOHNS CLERKOE.BROOK Deputy Clerk(SEAL) CLERK OF THE CIPCUIT COURT Certificate Number:l3-3788 March 2,2016 No.562002 < < C/) 0 Unlessthe property described / loCalfieds said certificate hall be BYs/DOnoseutherford Property Description: GOLDEN GATE Public Notices Public Notices deemed according ill e so Lew, Deputy Clerk EST UNIT 79 S 75FT OF TR 83, the property will bidder sold the Donna Rutherford id property being in Collier NOTICE OF PUBLIC NEARING the highest bidder t the NOTICE OF APPLICATION FOR NOTICE OF INTENT TO CONSIDER AN ORDINANCE Collier County Courthouse (SW) County,Florida. TAX DEED C Annex, 2nd Floor, Clerk's February 24 and March 2,9,& Notice is hereby hat on n in the ,� Administration Conference 16,2016 No.939995 Name in which assessed: NOTICE IS HEREBY GIVEN that Board of County Commissioners Center, Tam Mi Trail East,Third c FL., CE ZUBRYCNI TR Room at 1:00 P.M.on Monday, NOTICE OF APPLICATION FOR HACK LIVING TRUST,MARVIN Collier Government Center,3299 Tamiami i1 East,Naples FL., r April 4,2016. TAX DEED Unless Mee property deserlbed A HACK TTEES holder of the the Board of County Commissioners(BCC)will consider the W.• In said rtificate shall be following tax certificate has enactment of a County Ordnance.The meeting will commence Dated this 4th day of February, NOTICE IS HEREBY GIVEN deemed cco ding to law, filed said certificate for tax at 9;NA.M.The title of the proposed Ordinance is as follows: r 2016. that HACK LIVING TRUST, the property will be soil to deed to be Issued thereon. ED DWIGHT E.BROOK MARVIN OR VIRGINIA HACK the highest bidder t the Certificate number..year An Ordinance of the Board of County Commissioners of TTEES,holder of the following Collier County Courthouse of Issuance,descripton.of Collier County.Florida amending Ordnance Number 2006- CLERKOFTHECIRCUITCOURT tax certificate for has filed be Annex, 2nd Floor, Clerk's Proerty,and name in which 50,the Creekside Commerce Park Commercial Planned BY:/s/Donna Rutherford Certificate for tax deed to be Administration Conference 8Y.8”..is as follows: Unit Development(CRUD),as amended,by reducing the e issued thereon. Certificate Room at 1:00 P.M.on Monday, allowable square footage In the Industrial Commercial CD Deputy Clerk mer, year of Issuance Apri14,2016. Certificate Number.12-4288 District by 70,000 square feet for a total of 550,000 square p descripeion,of property,and feet of gross floor area of industrial/commerce dd pe uses:by N X Donna Rutherford a which assessed is as Dated this 4th day of February, Property prior::41618769102 amending the Business Distrito to add permitted uses CD (Seal) follows: 2016. Description: GOLDEN GATE from the Industrial and the General Commercial in zoning February 24 and March 2,9,8 EST UNIT 92 W 165FT OF TR districts;by amending the Business District to increase CD 0 16,2016 No.939931 Certificate Number 13-3543 DWIGHT E.BROCK 105 said property being in the allowable square footage of floor area from 150,000 CV < < NOTICE OF APPLICATION FOR CLERK OF THE CIRCUIT COURT Copier County,Florida. square feet to 200,000 square feet of office uses and ff9rom the U TAX DEED Description GOLDEN GATE Name in which assessed: business veto d,000sq allow group grouptailusgeae0 Of Goadlette BY✓s/Donna Rutherford • Z N Z NOTICE IS HEREBY GIVEN EST UNIT 65 E 75FT OF TR 83, RAUL PEREZ JR Frank Road at the southeast quadrant of Goadlette Frank that HACK LIVING TRUST. said property being in Collier Deputy Clerk Road to increase the zoned height to 75 feet and actual MARVIN OR VIRGINIA HACK County,Florida. Donna Rutherford Unless the property described height to 85 feet'by amending the business district to i. TTEES,holder of the following (Seal) In said certificate shall be allow a hotel at the southeast corner the Goadlette Frank tax iV000e ate has Piled 0 be Name in which assessed February 14 and March 1,9,& deemed according to law, Road and okeleR lee Road to reduce the building setback certificate for[ax deed to be OCEAN INVESTMENT 16,2016 No.940035 the property will be sold to from Imn regarding Road to 350 feet;and by adding a sign sa issued thereon. Certificate MANAGEMENT the highest bidder t the deviation regarding the location of directory sit9 ge;and E umber, year of issuance, NOTICE Of APPLICATION FOR Collier County Courthouse revising the mater plan to depict the sign deviation for the description,of property,en Unless certificate arty Described TAX DEED Annex, 2nd Floor, Clerk's CGUD property located In section 27,Township 48 South, which assessed is as in said rtificate shall be Administration Conference Range 25 East,Collier County Florida,consisting of 106 L - follows redeemed according to law, NOTICE IS HEREBY GIVEN that Roam at 1:00 P.M.on Monday, acres;and by providing an effective date.(PL201400013111 N Z the property will be sold the HACK LIVING TRUST,MARVIN April 4,2016. Certificate Number:13-3129 the highest bidder t the A HACK TTEES holder of the eoerd of the proposed Ordnance is On 11 i with the Cler ieU the CD_ Collier County Courthouse following tax certificate has Dated this 26th day of January, Board one is evadable for ins pection.All interested parties are EC T Property lD#:3866N4NN Annex, 2nd Floor, Clerk's filed said certificate for tax 2016. invited to attend and be heard. C Q 1— Description: GOLDEN GATE Administration Conference deed to be issued thereon. EST UNIT 39 W 150E7 OF TR 96 Room al 1:00 P.M.on Monday, Certificate number, year DWIGHT E.BROCK NOTE:AB persons wishing to speak on any agenda Rem must • i'-' OR 191 PG 118,said property April 2016. of is ante description f CLERK OF THE CIRCUIT COURT register with the County manager prior to presentation of being n Collier County, property and name m which the agenda item to be addressed.Individual speakers will be Z - Florida.i Dated this 4th day of February, ss ss die as follows: BY:is/Donna Rutherford limited to 3 minutes on any Rem;The selection of any individual -0 7n N 0 2016. to speak on behalf of an organization or group is encouraged. � Name in which assessed: DWIGHT Certificate Number:11-4187 Donna Clerk If recognized by the Chairman,a spokesperson for a group or < VJ U KATHRYNR WOODS CLERK OF THE CIRCUIT COURT property lop:499NNNN (Seal)Rutherford organization may be allotted 10 minutes to speak on an item. Unless the property described Description: GOLDEN GATE February 24 and March 2,9.& Persons wishing to have written or graphic materials included in in said certificate shall be BY:/s/Donna Rutherford EST UNIT 79 E 75FT OFW 150E7 16,2016 No.939909 the Board agenda packets must submit said material a minimum deemed according to law, of 3 weeks prior to the respective public hearing. n any case the property will be sold to Deputy Clerk Noll, Notice written materials intended to be considered blithe Board shad the highest bidder at the Donna Rutherford be submitted to the appropriate County staff a minimum of Collier County Courthouse (Seal) NOTICE seven days prior to the public hearing.All materials used in Annex, 2nd Floor, Clerk's February 24 and March 2,9,& presentations before the Board will become a permanent part Administration Conference 16,2016 No.940013 The Bonita Springs Fire Control and Rescue District is declaring of the record. Room at 1:00 P.M.on Monday, NOTICE OF APPMCATION FOR Fire Commissioner Seat 2 as vacant and open effective March April 4,2016. TAX DEED 25,2016.Interested parties may submit their Application for Any rson who decides to appeal any decision of the Beard Board Appointment to Fire Chief Joseph V.Daigle no later than ill need a record of the proceedings pertaining thereto and so Dated this 4th day of February, NOTICE IS HEREBY GIVEN that 410PM Thurs March 17,2016.Applications may be therefore,may need to ensure that a verbatim record of the 2016. HACK LIVING TRUST MARVIN obtained through the District's webslte www.bonitafire.orgg. proceedings is made,which record Includes the testimony and DWIGHT E.BROOK A HACK TTEES holder of the March 2,2016 No.969294 evidence upon which the appeal is based. CLERKOFTHECIRCUIT COURT following tax rtificate has filed d certificate for tax INOtice Mince in or order to participate spate i thisit roce needs any accommodation nerd ic be issued thereon. in order to participate in this proceeding,you are ce.Please se at BY:/5/Donna Rutherford Certificate number, year NOTICE OF MEDIATION no cost to you,to the provision of certain assistance.Please CD of issuance,description f BETWEEN contact the Collier m Trail Facilities M anagem nt Division, Deputy Clerk assessed roery,an name In which NORTH COLLIER DIRE CONTROL AND RESCUE DISTRICT 1pwted at 3335 Tamiami Tral Easf,Sute#10,Naples,FL34111- Donna Rutherford is as follows: AND COWER COUNTY 5356,(239)252-8380,at least two days prior to the meeting. (Seep Assisted listening devices for the hearing imaired are available O February Z4 and March 2,9,& Certificate Number II-6611 Notice is hereby,y(vein that Me North Collier Fire Control in the Board of County Commissioners Office. 16,1016 No.939980 rid Rescue District wwi DCh 161.E in Mediation with Collier N NOME OF APPLICATION FOR PropertylD#:90301NNG County in tom pliancORdfh.364,FI¢rida Statutes,the Florida BOARD OF COUNTY COMMISSIONERS TAX DEED Description: GOLDEN GATE Governmental Conflict Resolution Act,on Monday,March 14, COLLIER COUNTY,FLORIDA EST UNIT TO W 75FT OF E 2016 at 9 a.m.in the Board of County Commissioners chambers. NOTICE IS HEREBY GIVEN that 150E7 OF TR 104 OR 322 PG third floor,Collier County Government Center,3299 Tamiami DONNA FIALA,CHAIRMAN N HACK LIVING TRUST MARVIN 554,said property being in Trail E.,Naples,Florida 34132.The Mediation is relating to the A HACK TTEES holder of the Collier County,Florida. conflict described in a Resolution 15-043 adopted by the Board DWIGHT E.LA,BROCK,CLERK 0 following tax certificate has f Fire Commissioners of the North Collier Fire Control and By:Ann lennejohn tat filed d certificate for tax Name In which assessed: Rescue District on December 10,2015,regarding the Countys '+m1 ^ deed said be issued thereon. JUAN QUESAOA denial of a certificate of public convenience and necessity and DepOy Clerk(SEAL) kil i Certificate number, year the provision Of advanced life support non-transport services. March 2,2016 No.960047 of issuance,description of Unless a property described The meeting will be broadcast live on Collier Television and via assessed ro an name which in said certificate shall be olllergof net.One or more members of both the Collier County — Is as follows' redeemed according to law. Board of County Commissioners and the North Collier Fire the property will be sold to Control and Rescue District Board of Fire Commissioners may �RI�`y Certificate Number:11-3967 the highest bidder at the attend this Mediation. Online �nn�( Collier County Courthouse /�Ctg Property ID*:307826NN6 Annex, 2nd Floor, Clerk's About the public meeting: All interested parties are invited 24/7 Customer �• Description; GOLDEN GATE Administration Conference to attend.There will be no public comment at this Mediation: 4-B EST UNIT 41 E 75FT OF W Room at 1:00 p.M.an Monday. public comment will be heard at the regularly scheduled Board rzt 180FT OF TR 24 OR 911 PG April 4,2016. meeting of each entity to discuss the outcome and consider any Service 1020 said property being In proposed Settlement Agreement. Collier County,Florida. Dated this 26th day of January, Manage your,vbsc iptlon �0}t1 2016. An agenda for the meeting`will be available on week SF'mda newsstand to RCR FinwYiPhOssessed: prior to the Mediation and n will obtained by contacting l /7 RC0.FAMILY PROPERTIES LLC DWIGHT E.BROOK Executive Assistant Lori Freiburg at 239.597-3222 or Ifreiburgao ,�? buya paper CLERKOFTHECIRCUIT COURT teransiPark Dr.N or, visiting Station 45 located at 1885 4}lsf„'p6 Place an obituary, ood30classlfled CZ Unless the property described Veterans Park Dr.Naples,FL 34109. Nat ad or press release IAI 'a In said certificate shall be Bads/Donna Rutherford 1:U Submit news redeemed Cording to law. The North Collier Fire Control and Rescue District does not B lit UM Submitalett„0„eedtor w 4 En the property will be sold to Deputy Clerk discriminate on the basis of disability, nyone requiring $Reportaproblem Tm1 ^ the highest bidder [the Donna Rutherford reasonable accommodation as providedyfor in the Americans �+ W Collier County Courthouse (Seal) eth Disabilities Act should contact Lori Freiburg at(239)597- �i AdministraionFl¢Conferenee 16,2016 24 and March No.939849 Machr2,12016 ail to l(reiburgWnorthcollierfire.com. No.968294 rt. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the excJAKtion of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 3/22/16 4. BCC Office Board of County Commissioners V- 7' t7 \� 5. Minutes and Records Clerk of Court's Office Rom 3(2246 3.Z�Pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prJAKared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosa, Tanning 252-6819 Contact/Department Agenda Date Item was 3/22/16 Agenda Item Number 17-B Approved by the BCC Type of Document Ordinance—Charter School Moratorium Number of Original One Attached Documents Attached PO number or account n/a number if document is !ta.O o to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/22/16 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t BCC,all changes directed by the BCC have been made,and the document is ready fo he Chairman's signature. I:Forms/County Forms!BCC Forms!Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17 B ORDINANCE NO.2016-0 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public schools are currently a permitted use within all commercial, residential and estates zoned districts; and WHEREAS, pursuant to Section 1002.33, Florida Statutes, "All charter schools in Florida are public schools;"and WHERAS, charter schools are not subject to the educational facility site selection process set forth in Sections 1013.33 and 1013.36, Florida Statutes and the Interlocal Agreement for Public School Facility Planning and School Concurrency dated October 14, 2008 between the Collier County Board of County Commissioners,Florida and The District School Board of Collier County,Florida; and WHEREAS,based on the lack of a current site selection process for charter schools in the Collier County Growth Management Plan and Land Development Code, property owners near new charter schools have no voice or recourse when such development negatively impacts noise, glare,traffic generation and other negative site impacts to their homes and businesses; and WHEREAS, the Board of County Commissioners wishes to develop Growth Management Plan and Land Development Code Amendments which would protect not only the property interests of charter schools,but also the property rights of those which may be adversely impacted by such development; and WHEREAS, the Board of County Commissioners has directed staff to study and evaluate this issue; and to bring back to the Board proposed amendments to the Collier County Growth Management Plan and Land Development Code; and WHEREAS, the Board of County Commissioners wishes to place the public and all parties on notice that it is considering such land development regulations amendments and creating a temporary moratorium on the acceptance, processing and consideration of applications for development orders for charter schools concerning all commercial, residential and estates zoned properties; and WHEREAS, the Board of County Commissioners finds that this Ordinance is in the best interests of the County and its residents and promotes the health, safety and welfare of the public. 1 17B NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION ONE: INTENT. The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the Board's legislative findings. SECTION TWO: MORATORIUM. The Board of County Commissioners hereby places a temporary moratorium (suspension) on all applications for development orders concerning all commercial, residential and estates zoned properties with respect to Charter Schools for six months following the enactment of this Ordinance. Provided, however, that this moratorium shall not apply to anyone who has previously filed an application for a development order of a charter school. For the purposes of this Ordinance,the term "development order" means the same as defined by Section 163.3164, Florida Statutes. The moratorium established by this Ordinance may be extended or terminated early by adoption of an ordinance or a resolution of the Board of County Commissioners. SECTION THREE: NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County Commissioners that this Ordinance not be codified. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective February 23, 2016, the day the Board of County Commissioners first took official action to adopt this moratorium in accordance with Smith v. City of Clearwater, 383 So 2d 681 (Florida Second DCA 1980). PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County, Florida,thisZ2r-dday of\.rc ,2016. a^,r, ATTEST BO• ' 0 OF COUNTY COMMISSIONERS DWIGIH'T E.° 3ROCK, CLERK COLL ir COUNTY L4ORIDA By: iJ` l L' 'w., I \®N By: _ Attest a xa C i r "i' e!uty Clterk `` D t NNA FIALA, CHAIRMAN signatu • on Appro i-d iii. jm fors. • - legality: Ait 1'1 .A Jeffrey Pi. ,County Attorney This ordinance Bled with the 7 i Secretory of t te`s Office t},e 443'day" day of lava), _'Z(I t l(!_ and acknowledgement of that Min,. received this _.. day of r I By '■ • A''° _' .� 2 f ,. 176 r. 1 ,mow I.,i i u i'"'' FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 23, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-06, which was filed in this office on March 23, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us