Agenda 08/09/2016 (In Absentia) Item #12A08/09/2016
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution relating to Ordinance No. 2016-06, which established a
temporary moratorium for charter schools within all commercial, residential and estates zoned
properties, to reaffirm the Board’s intent that the temporary morator ium shall remain in effect
until September 22, 2016.
OBJECTIVE: To adopt a Resolution relating to Ordinance No. 2016-06, which established a temporary
moratorium for charter schools within all commercial, residential and estates zoned properties, to reaffirm
the Board’s intent that the temporary moratorium shall remain in effect until September 22, 2016.
CONSIDERATIONS: At its March 22, 2016 regular BCC meeting (Item 17B), the Board adopted
Ordinance No. 2016-06, which implemented a six month moratorium on all new applications for
development orders for new charter schools in all commercial, residential and estates zoning districts.
According to the Ordinance, the temporary moratorium is to remain in effect for six months following
enactment of the Ordinance.
In conjunction with the temporary moratorium, the Board directed staff to develop and bring forward
Growth Management Plan and Land Development Code amendments regarding the process for charter
schools to be developed within commercial, residential and estates zoning districts. Staff prepared an
amendment to the Land Development Code relating to charter schools as part of the 2015 Cycle 2 LDC
Amendments. The amendment requires two advertised BCC public hearings. The first hearing was
original scheduled for June 28, 2016, with the adoption hearing scheduled for July 12, 2016. However,
the Board continued the first hearing to July 12, 2016, thus delaying the second hearing until September
13, 2016, following the Board’s summer vacation.
Subsequent to the July 12, 2016 hearing, the County has received inquiries from the public regarding the
expiration date of the temporary moratorium. As such, the Board wishes to clarify its intent that the
temporary moratorium shall remain in effect until September 22, 2016, which is six months following
enactment of Ordinance No. 2016-16.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: Section Two of Ordinance No. 2016-06 provides that the “Board of
County Commissioners hereby places a temporary moratorium…for six months following the enactment
of [the] Ordinance.” In accordance with Florida Statutes Section 125.66, an ordinance is enacted on the
date it is approved by the Board at an advertised regular or special meeting. Therefore, it is the opinion of
the County Attorney’s office that the temporary moratorium will remai n in effect until September 22,
2016, six months following the Board’s approval of Ordinance No. 2016-06.
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08/09/2016
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: That the Board adopt a Resolution relating to Ordinance No. 2016-06, which
established a temporary moratorium for charter schools within all commercial, residential and estates
zoned properties, to reaffirm the Board’s intent that the temporary moratorium shall remain in effect u ntil
September 22, 2016.
Prepared By: Heidi Ashton-Cicko, Managing Assistant County Attorney, and Scott A. Stone, Assistant
County Attorney
ATTACHMENT(S)
1. Ordinance 2016-06 Charter School Moratorium (PDF)
2. Revised Resolution - Charter School Moratorium (PDF)
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08/09/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Item Summary: Recommendation to adopt a Resolution relating to Ordinance No. 2016-
06, which established a temporary moratorium for charter schools within all commercial,
residential and estates zoned properties, to reaffirm the Board’s intent that the temporary
moratorium shall remain in effect until September 22, 2016.
Meeting Date: 08/09/2016
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
08/08/2016 12:32 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/08/2016 12:32 PM
Approved By:
Review:
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2016 2:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/08/2016 2:13 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 08/08/2016 3:11 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/09/2016 9:47 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/09/2016 4:24 PM
Board of County Commissioners MaryJo Brock Meeting Pending 08/09/2016 12:00 AM
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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
12.A.a
Packet Pg. 87 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension)
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,thisZ2rdday of')%c>..4-c}r, ,2016.
Br oq+ d
ATTES'T,s'`,
Vafi ° BO OF COUNTY COMMISSIONERS
DWIG -l Ic,.CCERK COLL COUNTY I,ORIDA
By. -* By
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1 gp' 'Cl rk D NNA FIALA,CHAIRMAN
signatu -Ors 7 ,/
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Appro -d 4 . 11-fo.u." • legality:
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Jeffrey 7.':'County Attorney This ordinance filed with t ..
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12.A.a
Packet Pg. 88 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension)
CO Tt c 'li'
410
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.tl.us
12.A.a
Packet Pg. 89 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension)
12.A.b
Packet Pg. 90 Attachment: Revised Resolution - Charter School Moratorium (1783 : Charter School Moratorium Extension)