Ordinance 2016-13 ORDINANCE NO.2016- 1 3
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 INVOLVING THE
CONVERSION OF LANDS ZONED FOR GOLF COURSE USE;
PROVIDING FOR INTENT; PROVIDING FOR NON-INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at the request of the Board of County Commissioners(Board), staff prepared
an analysis of existing golf courses within Collier County and their potential for conversion; and
WHEREAS, this analysis identified sixty-five (65) golf courses, totaling approximately
13,539 acres,and noted that ten(10)of these courses,or approximately 1,521 acres,were likely to
seek conversion from their current"golf course"zoning; and
WHEREAS, the Board wishes to develop Growth Management Plan and Land
Development Code amendments regarding issues such as open space analysis, stormwater
impacts,and environmental sensitivity related to golf course conversions; and
WHEREAS, the Board also 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 involving
the conversion of lands currently zoned for golf course use; 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.
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 involving the
conversion of lands currently zoned for golf course use 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 which converts a golf course to another use.
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.
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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 FOUR: 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 FIVE: EFFECTIVE DATE. This Ordinance shall be effective April 12, 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 Itch day of Ho,1 ,2016.
•ATTEST:4;1: . . .
`1' BOARD OF COUNTY COMMISSIONERS
DWICI J BROCK•eLERK COLLIER COUNTY,FLORIDA
J
By: ftS �-� BY
, �� � !� DONNA FIALA,CHAIRMAN
Attest as ' -rman s
signature only ,y �
Appro d a t('form and legality:
t
Jeffrey • !!4w
County . I o' ey
1,11
This ordinance filed with the
Secretory of State's Office the
'`day of WV et% , 2-2(l0
and acknowledgementP6of1-1 that
Min. received this . Iday
of & a►I
By i1 a SAI�.iiur
o.outr j
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 13, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Martha Vergara, BMR Senior 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. 2016-13, which was filed in this office on May 13, 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
www.dos.state.fl.us