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Agenda 05/10/2016 Item #17C5/10/2016 W.C. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance that will formally implement the Board's previous action to impose a six month moratorium on new applications for development orders involving the conversion of lands currently zoned for golf course use, during which time staff will develop and bring forward Growth Management Plan and Land Development Code amendments to address issues such as the loss of open space, stormwater management, and potential environmental impacts associated with the conversions. Note by County Attorney: This moratorium period commenced 4/12/16 (Item 10-B). OBJECTIVE: To adopt an Ordinance that will formally implement the Board's previous action to impose a six month moratorium on new applications for development orders involving the conversion of lands currently zoned for golf course use, while staff prepares and vets Growth Management Plan and Land Development Code amendments with the public and through the County's advisory boards. CONSIDERATIONS: There are currently 65 golf courses within Collier County, totaling approximately 13,539 acres. At its 4/12/16 Regular Meeting (Item 10-B) the Board directed staff to develop and bring forward Growth Management Plan and Land Development Code amendments to deal with the consequences of future golf course conversions, and to implement a six month moratorium. This Ordinance will finalize the Board's direction. FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land development code amendments. The cost to advertise the proposed Ordinance was $774.30. GROWTH MANAGEMENT PLAN (GMP) IMPACT: To be determined. LEGAL CONSIDERATIONS: The Second District Court of Appeals adopted the "pending ordinance doctrine" in the case of Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407. The court in Smith, supra at 689, 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 governmental 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 689. With that said, this item is approved as to form and legality. A majority vote is needed for approval of County Attorney and staff direction. However, an affirmative vote of four is needed for the potential future Growth Management Plan and the Land Development Code amendments. -JAK RECOMMENDATION: To adopt the attached Ordinance and formally implement a six month moratorium on new applications for development orders involving the conversion of lands currently zoned for golf course use. Prepared by: Jeffrey A. Klatzkow, County Attorney Attachments: 1. Proposed Ordinance 2. Legal Advertisement Packet Page -1436- 5/10/2016 W.C. Packet Page -1437- 5/10/2016 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. Item Summary: Recommendation to adopt an Ordinance that will implement a six month moratorium on new applications for development orders involving the conversion of lands currently zoned for golf course use, during which time staff will develop and bring forward Growth Management Plan and Land Development Code amendments to address issues such as the loss of open space, stormwater management, and potential environmental impacts associated with the conversions. Note by County Attorney: This moratorium period commenced 4/12/16 (Item 10-13). Meeting Date: 5/10/2016 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 4/22/2016 1:29:03 PM Submitted by Title: Legal Assistant/Paralegal, CAO Office Administration Name: NeetVirginia 4/22/2016 1:29:05 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 4/28/2016 11:24:32 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/28/2016 12:21:14 PM Name:IsacksonMark Packet Page -1438- 5/10/2016 W.C. Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/28/2016 1:19:07 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/29/2016 4:43:50 PM Packet Page -1439- 5/10/2016 17.C. 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 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. Packet Page -1440- 5/10/2016 17.C. 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 day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, CHAIRMAN form and legality: Jeffrey County Packet Page -1441- f otIc ftiotice J NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on May 10 2016 in the Boardroom, 3rd. Floor, Administration Building,' Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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 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. Copy of the proposed Ordinance is on file with the Clerk to the Board and are available for ins ection. 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 administratornlor to presentation of the agenda item to be -addressed. Indiv' idual speakers will be limited to 3 minutes on any item. The selection of an 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 area person with a disability who needs any accommodation 'sn 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 Department, 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: Martha Vergara, Deputy Clerk (SEAL) April 24, 2016 No. 1055681 Packet Page-1442- 5/10/2016 17.C.