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Agenda 09/27/2016 Item #16A22 16.A.22 09/27/2016 EXECUTIVE SUMMARY Recommendation to extend the temporary moratorium to April 11, 2017, on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use and to accept white paper prepared by staff providing recommendations for Land Development Code(LDC) Amendment concepts. OBJECTIVE: To provide sufficient time for the public vetting of Land Development Code Amendments to address the conversion of golf courses. In addition, for the Board of County Commissioners (Board) to accept a white paper which provides recommendations for LDC Amendments regarding the conversion of lands zoned for golf course use. CONSIDERATIONS: On May 10, 2016 the Board instituted 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. The Ordinance was effective as of April 12, 2016. Further, the Board approved staff to work on LDC Amendments on July 12, 2016 regarding golf course conversion. An extension of the temporary moratorium will allow staff to continue to develop the LDC Amendments and process them through the public vetting. Since that time, staff has conducted research regarding golf course conversion across the state of Florida and the nation. Several reconunendations for LDC Amendments are identified below and are based on the case studies, best management practices, as well as planning principals that encourage consensus building. The following are conceptual LDC Amendments staff will prepare and publicly vet. 1. Develop a public participation program designed to engage the surrounding residential community in the golf course redevelopment process. The program will require the Development Alternatives Statement is shared with the residential community and that feedback is included. Further, to ensure public participation at the public hearing the public notices (signs and mailings) will need to be clear, concise, informative, and timely. 2. Require the redevelopment project maintains a percentage of open space and/or usable open space that is made available to the surrounding residential community. 3. Require groundwater and soil sampling for petroleum products, especially near golf course maintenance areas, as well as additional pesticide parameters in the managed turf areas. Any necessary environmental remediation shall be consistent with the Florida Administrative Code requirements. 4. Expand the Golf Course zoning district to include additional recreational uses, such as tennis facilities, swimming facilities and other club sports/facilities. 5. Require an equal or improved level of stormwater management for the golf course property and if impacted, the surrounding residential areas based on a pre versus post development analysis. 6. Require a Development Alternatives Statement, prepared by the applicant, outlining development options and an analysis of the options including: a) No change to existing use, b) Prospect of County purchase, and c) Conceptual compatible development proposals. It is important to note two caveats regarding the establishment of Land Development Code (LDC) Amendments for the conversion of golf courses. First, the development and codification of LDC provisions for golf course redevelopment or conversion shall not imply that a golf course will receive approval from the Board to convert to a different use. Second, the proposed framework is a method to Packet Pg. 684 1 6.A.22 09/27/2016 support community involvement and consensus building. However, the public participation and hearing processes will only provide steps to build consensus; the individual parties will dictate whether consensus may be achieved. FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. The extension will run through April 11, 2017, or a year following the effective date. A further extension is not advised absent compelling reasons, as the Bert Harris Private Property Rights Protection Act provides that "a temporary impact on development...that is in effect for longer than 1 year may, depending upon the circumstances, constitute an"inordinate burden" as provided in this paragraph." -JAK RECOMMENDATION: To extend the temporary moratorium to April 11, 2017 on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use. In addition, to direct staff to draft and publically vet the recommended LDC Amendments regarding the conversion of lands zoned for golf course use. Prepared By: Caroline Cilek, AICP, LDC Manager, Development Review Division, Growth Management Department. ATTACHMENT(S) 1. Attach. 1 - Golf Course Conversion White Paper 9-21-16 (PDF) 2.Attach. 2 -FINAL-Resolution extending moratorium (PDF) 3. Attach. 3 - Ordinance No 2016-13 (PDF) Packet Pg. 685 16.A.22 09/27/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Item Summary: Recommendation to extend the temporary moratorium to April 11, 2017, on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use and to accept white paper prepared by staff providing recommendations for Land Development Code(LDC) Amendment concepts. Meeting Date: 09/27/2016 Prepared by: Title: Manager -LDC—Growth Management Development Review Name: Caroline Cilek 09/21/2016 1:24 PM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 09/21/2016 1:24 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/21/2016 1:42 PM Growth Management Department Michael Cox Level 1 Add Division Reviewer Skipped 09/21/2016 2:23 PM Zoning Michael Cox Level 1 Add Division Reviewer Skipped 09/21/2016 2:24 PM County Attorneys Office Michael Cox Level 2 Attorney Review Skipped 09/21/2016 2:24 PM Growth Management Department Michael Cox Level 2 Division Administrator Skipped 09/21/2016 2:25 PM Growth Management Department Michael Cox Level 2 Add Division Reviewer Skipped 09/21/2016 2:25 PM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 09/21/2016 2:25 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/21/2016 3:43 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/21/2016 4:00 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM Packet Pg. 686 I 16.A.22.a Findings on Golf Course Conversions and Recommended LDC Amendments Introcuction On April 12,2016 the Board of County Commissioners(Board) instituted a temporary six month moratorium on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands m zoned for golf course use in Collier County. Since that time, staff has conducted research into the status of golf as well as reviewed numerous case studies of golf course conversions. Based on the case studies, staff has developed U concepts to provide a public participation process, best management practices, as well as development standards o for golf course conversion in Collier County.The developer would be responsible for the proposed requirements. 0 It is important to note two caveats regarding the establishment of Land Development Code (LDC)Amendments for the conversion of golf courses. First, the development and codification of LDC provisions for golf course redevelopment or conversion shall not imply that a golf course will receive approval from the Board to convert to a x different use. Second, the proposed framework is a method to support community involvement and consensus W building. However, the public participation and hearing processes will only provide steps to build consensus; the individual parties will dictate whether consensus may be achieved. N co Status of Golf in the Nation and Florida N The National Golf Foundation's annual report released on March 8, 2016, identifies that although more people are trying golf,they are not becoming golfers. According to the report,there were 30 million golfers in 2005,the peak a) of people playing the sport.'Since 2006,there has been a decline in the sport every year.'This lack of participation a in the sport has led to a trend of more courses closing than opening for several consecutive years.'In 2015,fourteen w 18-hole courses opened and 157 courses closed across the nation, many of which were public courses.' The National Golf Foundation identifies the culture of complicated etiquette and a steep learning curve as reasons for the decline in the sport.' Other resources affirm that the time required to play is too long for new players and younger players are not interested in learning the game.6'' > 0 However, golf has maintained some footing in Florida. A report commissioned by GOLF 20/20 identified there was U "a decline in golf residential and new course construction, as well as a decline in the number of professional N tournaments played in Florida."'There was growth in golf facility operations, golf-related tourism, and golf-related manufacturing.After adjusting for inflation, there was a marginal decrease, 0.4 percent, in Florida's golf economy as a whole between 2007 and 2013.9 The report states "Florida's golf industry is poised to regain more ground as economic conditions continue to improve."10 Given the differences between the status of golf in the nation and Florida,the number,type, and timing of golf course conversions in Collier County may be difficult to anticipate. asConversion of Golf Courses in Collier County Staff presented the Collier County Existing Golf Courses& Potential for Conversion study to the Board on March 22, 2016. The study described that the courses zoned Golf Course (GC) are as the most likely to request a rezone to a different use because 1)they do not require Transfer of Development Rights credits,and 2)they are not a part of a master planned golf course community. In total, there are 11 courses zoned GC in Collier County. These courses have existing density rights and are located within the Urban Residential Subdistrict of the Future Land Use Element. Therefore, conversion to a residential use would be supported by the Future Land Use Element. As of today, two courses(Evergreen Golf and Country Club and Quality Inn and Suites Golf Resort)are zoned GC and are closed. 11Page I Packet Pg. 687 I 16.A.22.a Fincings from Golf Course Conversion Case Studies Following the review of golf course conversions across the nation and the state of Florida, staff has compiled six concepts to ensure community awareness and involvement in golf course conversions, as well as to establish development standards.The developer would be responsible for procedural and development requirements. E 1. The importance of community participation o Case studies of golf course conversions demonstrate that obtaining support and input from the residents c surrounding the golf course is important to achieve a consensus on a development proposal. In comparison,when surrounding residents are not included in the development process, the development may become contentious, litigious, and lengthy, none of which are in the best interest of the residential communities or the developer. The goal is to create a process that is balanced and inclusive of surrounding community members. This is particularly U important because many golf courses, including all golf courses zoned GC in Collier County, are bordered by residential communities that may have purchased their home with the expectation of a golf course view. 0 Several planning mechanisms can be utilized to provide an inclusive process. For example, planning staff in Lansing, Michigan utilized a series of charrettes to engage the public on the redevelopment proposal.' A charrette is an o intensive planning session, in which the public, stakeholders, and designers collaborate on ideas and concepts for the proposed project. It is an inclusive method for discussion among stakeholders and provides direct input to designers. At each meeting the design team produced a revised conversion plan based on the input received from the stakeholders at the last meeting. The process produced a multi-use plan that reflected various stakeholder interests.12 Although the Red Cedar Golf Course in Lansing was not a part of a master planned community and was publically owned,the process the City used to create dialogue provides valuable insight into building consensus. ca The public hearing process is also integral to the golf course conversion process.In 2015,the City of West Palm Beach approved the conversion of a course within the Presidential County Club Resort Community, a golf course master °' L planned community.' The approval followed several public meetings. According to City staff, the neighboring a residents and the developer were able to reach consensus through the public meeting process (J. Roach, Principal Planner, personal communication,August 18,2016).The developer agreed to provide views of open space, create a large lake system that would enhance the views, and provide separation from the proposed resort development.14 To ensure participation at the public hearing, proposed provisions will require the public notices(signs and mailings) provided to the surrounding residential community are clear, concise, informative,and timely. m Lessons can also be learned from golf course conversions that became contentions. For example, the proposed redevelopment of the Mizner Trail golf course in Boca Raton has resulted in over a decade of disputes at the county U level and in the court system.'5 The approval of residential uses was stalled for several years at the County level due y to neighborhood opposition. However,following approval by the County Commission in 2014,the developers faced legal opposition by the Boca Del Mar Improvement Association, which represented the local neighborhood U residents.As of 2015,the legal challenge was overturned in favor of the developer and the land has been listed for sale—extending the time the land is in limbo.16,1'Throughout the public hearing process and legal challenges,the golf course remained vacant and overgrown. The lack of compromise resulted in a costly and lengthy debate with neither parties obtaining a satisfactory result. as 2. Providing useable open space An important function of golf courses is to provide a source of green space, recreational amenities,social activities, natural and unique views, or wildlife habitat to the surrounding community.ls,19'2o Many communities with golf courses undergoing redevelopment or conversion to new uses have evaluated the potential to preserve or expand eaa variety of forms of usable open space. Case studies of golf course conversion illustrate that when open space is maintained or made usable to the surrounding neighbors, compromise and consensus is achieved. Table 1 includes examples of usable open space that have been considered or implemented throughout Florida and the nation as a part of specific redevelopment plans or local land use regulations. 2 ( Page I Packet Pg. 688 16.A.22.a Table 1.Types of usable open space and open space contemplated during golf course redevelopment. Community Types of Open Space Contemplated or Developed Florida ,. Royal Oak Golf Course • Buffers of various sizes to neighboring residents(50,75,100,and 250 feet) E Redevelopment(City of d • Clustered development with minimum 50%open space . Titusville)21'22 :.k 170 City of Titusville Draft • Reconfiguration of fairways and existing facilities Guidelines for Golf Course '' • Alternative recreational amenities o Redevelopment23 • Buffers with vegetated screens and usable tree-lined trails m z • Minimum open space for new subdivisions Tam O'Shanter Golf Course • 60-acre park(approximately 50%of site) o Ci Redevelopment(City of ` • Linear park µ- Deerfield Beach)24 ' • Buffers to neighboring residents (F) • Cemetery/Memorial park , • 90 acres of passive open space(20%of site) o Hillcrest CountryClub Golf c Course Redevelopment • Reconfigured golf course fairways o (Broward County)25i • Recreation and fitness facilities a; Broward County Land Y • Retain natural resources(wetlands,lakes,aquifer recharge,tree canopy) x W Development Regulations26 • Integrate design with existing roads,sidewalks,parks,and greenways Mizner Trail Golf Club • Required open space(minimum 40%of site) o Redevelopment(Palm Beach ' • Landscape buffers N County)22 '' • Outdoor recreation co • Reconfigured golf course fairways Commons Park Golf Course § • Regional park cl Redevelopment(Royal Palm • Considered conversion of 100%of site, but resulted in 42%of site(R. Liggins, personal °. Beach Village)28.29 communication,August 22,2016) a. ra `) • Community event space a • Reconfigured golf course fairways a; }; • Vacant open space 1E Wildflower Golf Course i • Public nature preserve Redevelopment(City of • Environmental restoration ,A : , .,-.4",„,k, p Englewood)30;31 k' L- Nationally % au Colwood Golf Course • Public park O Redevelopment(Portland, • Open space(natural lands) U Oregon)32 j • Wetland mitigation and forest restoration N _ ; • Reconfigured golf course fairways z 3 Roselle Golf Club r • Minimum open space requirements(40%) 0j Redevelopment(Roselle,New; • Parks,playgrounds,and other passive recreational uses o a Jersey)33 • Recreational facilities 0 f %' • Community gardens ' j • Landscaped perimeter buffers to neighboring residents .0 Red Cedar Golf Course `, • Public parks u Redevelopment(Lansing, • Boardwalks and trails Q I Michigan)34,3s • Wetland preservation and restoration • Multi-use greenspace cu d Lexington County Land • Perimeter buffer strips to adjoining residential lots E ', Development Regulations � • Conservation easements (Lexington County,South ;; • Requirement that layout and open space of new golf courses should anticipate reuse Caralina)36 after abandonment Q 1 3IPage Packet Pg. 689 16.A.22.a Best Management Practices 3. Environmental remediation Due to the high volume of pesticides, herbicides, petroleum, and other chemicals regularly used at golf courses, groundwater and soil sampling is necessary to determine if remediation is required.Collier County Pollution Control provided a white paper to the Board on March 22, 2016 which identified that while sampling and remediation for ° pesticides and eight Resource Conservation and Recovery Act metals is required by the state,there is no requirement ° for sampling at golf course maintenance areas where petroleum is often stored.As a result,staff recommends adding a provision to the LDC that requires sampling for petroleum products,especially near golf course maintenance areas, 2 as well as additional pesticide parameters in the managed turf areas. Previously, only organochlorine pesticides were recommended for testing because these pesticides are very persistent in the environment and could still be present even years after the pesticides are no longer in use. While o this still holds true for these older pesticides, newer pesticides and herbicides can be more toxic, even though they are less persistent in the environment. Therefore,staff recommends adding organophosphate, carbamate,triazine pesticides, and chlorinated herbicides to the suite of groundwater and soil testing requirements in managed turf g areas.The potential remediation requirements would be based on state standards in the Florida Administrative Code cu for residential and commercial land uses. w Land Use anc Development Stancards N 4. Amend the golf course zoning district to include recreational uses Currently the Golf Course(GC)zoning district establishes golf courses as the only permitted use.To provide flexibility and alternatives,it is recommended that the GC district is expanded to include other types of recreational uses,such rn as but not limited to:tennis facilities,swimming facilities,club sports,etc.This will provide owners of property zoned a) GC additional methods to use and market their property. Design standards will be developed to maintain d compatibility with the surrounding residential community, such as walls, landscape buffers, as well as lighting standards,for uses other than a golf course. 5. LDC requirements o In addition to preparing an application process and generating additional design standards based on the research discussed above, golf courses will be subject to a number of development requirements outlined in the LDC, such as, but not limited to: landscaping and irrigation, preserves, open space, infrastructure improvements, addressing traffic impacts, as well as other state and federal regulations. Based on the analysis of golf course conversion processes in other communities, staff will propose adding a community participation process to the existing PUD review and approval framework. The community participation process would be required prior to submittal of the land use application to the County. y= Golf courses designed in conjunction with residential areas often provide stormwater management for the entire project. Appropriate permitting with South Florida Water Management District or the County will be required. t Further, golf courses may also provide stormwater management for residential developments even though they were not originally permitted to provide this service. Therefore, during the redevelopment process the developer will be required to maintain an equivalent(or improved)level of stormwater management service demonstrated by a pre versus post development analysis. t 6. Developer's Alternatives Statement co As discussed in the Community Participation section above, it is important to engage the surrounding residential community in the early stages of a golf course conversion in order to build consensus around a redevelopment plan. The Alternatives Statement is a tool prepared by the developer to generate dialogue, build consensus, and address a minimum of three alternatives: a) No change; b) Prospect of County purchase; c) Redevelopment/Conversion 4IPage I Packet Pq. 690 'I 6.A.22.a conceptual plans. The Alternatives Statement would enumerate the positive and negative impacts associated with each. Alternatives required to be evaluated include: 1. No change. This alternative will identify the anticipated scenario should no action be taken by the developer. This alternative may also include the current and future financial state of golf course and _ whether any other uses allowed in the GC district are viable. 2. County purchase. This alternative will identify whether the County is interested in purchasing land for a public use,whether a park or other facility.Coordination with the County will be required. 3. Development alternative(s) that are compatible with the surrounding community. This alternative will identify development proposals for the subject property, taking into consideration the input provided through the community participation meetings. 0 Conceptual LDC Amencments o The following are conceptual LDC Amendments staff will prepare and publicly vet.The developer will be responsible for meeting the requirements. 1. Develop a public participation program designed to engage the surrounding residential community in the golf course redevelopment process. The program will require the Development Alternatives Statement is shared with the residential community and that feedback is included.Further,to ensure public participation .. at the public hearing the public notices(signs and mailings)will need to be clear, concise, informative, and To- timely. cv N_ 2. Require the redevelopment project to maintain a percentage of open space and/or usable open space that is made available to the surrounding residential community. 3. Require groundwater and soil sampling for petroleum products, especially near golf course maintenance N areas, as well as additional pesticide parameters in the managed turf areas. Any necessary environmental remediation shall be consistent with the Florida Administrative Code requirements. 4. Expand the Golf Course zoning district to include additional recreational uses, such as tennis facilities, a. swimming facilities, and other club sports. a) 5. Require an equal or improved level of stormwater management for the golf course property. Further, to -� determine whether the proposed development will need to provide stormwater management for the surrounding residential areas based on a pre versus post development analysis. o 6. Require a Development Alternatives Statement, prepared by the applicant,outlining development options and an analysis of the options including: a) No change to existing use, b) Prospect of County purchase, and c)Conceptual compatible development proposals. 0 m 1 Bense, K. (2016, March 8).The Real Reason More Americans Don't Get Hooked on Golf. Golf.com. Retrieved from o http://www.golf.cam/tour-and-news/report-more-people-are-trying-golf-its-not-sticking z Clampett, B. (2016,January 25).Can golf be saved?Impact Zone Golf. Retrieved from r- https://impactzonegolf.com/can-golf-be-saved/ 3 Rupp, L., &Coleman-Lochner, L. (2014,June 20). How golf got stuck in the rough.8loomberg.corn. Retrieved from ;° http://www.bloomberg.com/news/articles/2014-06-19/golf-loses-players-as-millennials-find-it-expensive-time- consuming 4 Bense, K. (2016, March 8).The Real Reason More Americans Don't Get Hooked on Golf. Golf.corn. Retrieved from http://www.golf.com/tour-and-news/report-more-people-are-trying-golf-its-not-sticking c 5 Impact Zone Golf. (2016,January 25). Can golf be saved?Impact Zone Golf. Retrieved from ;a https://impactzonegolf.com/can-golf-be-saved/ <( 6 Ibid. Wage Packet Pg. 691 I 1 6.A.22.a 7 Rupp, L.,&Coleman-Lochner, L. (2014,June 20). How golf got stuck in the rough.Bloomberg. Retrieved from http://www.bloomberg.com/news/articles/2014-06-19/golf-loses-players-as-millennials-find-it-expensive-time- consuming $Golf 20/20.(2015). The Florida Golf Economy.SRI International. E c 9 Ibid. .2 to Ibid. 0 11 Levett, T.J. (2015). Adaptive Golf Course Redevelopment: Identity and Balance. (Master's Thesis). University of Tennessee, Knoxville. Retrieved from http://trace.tennessee.edu/utk gradthes/3390/ cu 12 Ibid. 13 Ibid. 14 City of West Palm Beach City Commission. (March 2,2015).2300 Presidential Way and 3100-3200 North U Congress Avenue,Sea Palm Resort(formerly PCC)Resort, Major Planned Development Amendment and Major Sub division(3).Staff report. Retrieved from „� https://onedrive.live.com/?authkey=%21AIiGmwig6slkoAQ&id=2A630568D6D3EB34%216841&cid=2A630568D6D o 3E834 .y 15 Ibid. 16 Reid,A. (2015,Aug. 7). Building on hold, land for sale at old Mizner Trail golf course.SunSentinel. Retrieved from x http://www.sun-sentinel.com/local/palm-beach/fl-golf-land-problems-20150806-story.html 17 Reid,A. (2015, Feb. 19). Boca Del Mar loses golf course court fight.SunSentinel. Retrieved from http://www.sun- sentinel.com/local/palm-beach/fl-mizner-golf-ruling-20150219-story.html N 18 McCollister,A. (2014).Turkey Creek:A Golf Course Community; Developing an Approach to the Conversion of Defunct Golf Courses. (Master's Thesis). University of Florida, Gainesville. Retrieved from http://ufdc.ufl.edu/AA00024259/00001 N 19 Levett,T.J. (2015).Adaptive Golf Course Redevelopment: Identity and Balance. (Master's Thesis). University of c� Tennessee, Knoxville. Retrieved from http://trace.tennessee.edu/utk gradthes/3390/ a) 0- 2°Ibid.20lbid. n. 21 City of Titusville Community Development Department. (2015).Golf Course Redevelopment Report. City of Titusville. Retrieved from http://www.titusville.com/SIB/files/Golf%20Course%20Study V4.pdf :c 22 City of Titusville Planning Department. (2016). Buffer Analysis—Royal Oaks Golf Course. City of Titusville. Retrieved from http://www.titusville.com/SIB/files/Buffers.pdf 23 City of Titusville.(n.d.).Golf Course Redevelopment: Draft Guidelines. City of Titusville. Retrieved from Cr) http://www.titusville.com/SIB/files/Golf%20course%2Oredevelopment%20v4.pdf > 24 Hanson, B. (2011). Land Use Plan Amendment#53A Crystal Lake Golf Club [Memorandum].City of Deerfield Beach. Retrieved from htt.: deerfieldbeach.:ranicus.com MetaViewer..h.?view id=2&cli. id=310&meta id=55309 N 25 Jordan,T.I.(2016). Hillcrest Country Club, LP [Memorandum]. City of Hollywood Florida. Retrieved from http://www.hollywoodfl.org/AgendaCenter/ViewFile/Item/885?filelD=3782 26 Broward County Board of County Commissioners. (2016). Broward County, Florida,Comprehensive Plan. 0 Retrieved from http://www.broward.org/PlanningCouncil/Documents/LandUsePlan/Broward°%20County%20Land%20Use%20PIan .pdf CO 27 Palm Beach County Planning,Zoning and Building Department. (2014). Boca Del Mar PUD Application No.: DOA- 2013-01057. Palm Beach County Zoning Division. Retrieved from http://www.pbcgov.com/pzb/zoning/bcc/2014/jan/7.pdf 28 Gillette, D.& Marsh, C. (2013, Nov.8). Polluted golf course to regional attraction. Public Works Magazine. Retrieved from http://www.pwmag.com/water-sewer/stormwater/polluted-golf-course-to-regional-attraction o 29(2016). Royal palm beach commons park. Erdman Anthony. Retrieved from w http://www.erdmananthony.com/Project-Portfolio/Detail?pid=59 30 Allen-Emrich, E. (2016, May 26).Wildflower Preserve project to enhance Lemon Bay. Englewood Sun. Retrieved from http://lemonbayconservancy.org/wp-content/uploads/2016/05/Englewood Sun 26May2016.pdf 31 Blasko, E. (2016, February 3).Turn a golf course into a nature preserve? It's happened around the country.South Bend Tribune. Retrieved from http://www.southbendtribune.com/news/local/turn-a-golf-course-into-a-nature- grgrvp-it-s/article 089e9137-d6a8-5ff8-8df2-cldccd53630f.html Packet Pg. 692 I 16.A.22.a 32 City of Portland Parks and Recreation. (2016). Colwood Property and Colwood Golf Center. City of Portland. Retrieved from http://www.portlandoregon.gov/parks/65530 33 Madden,J., & Shiffman, M. (2012). Redevelopment Plan for Roselle Golf Club. Borough of Roselle. Retrieved from http://www.boroughofroselle.com/web content/acrobat/Adopted-Roselle-Golf-Club-Redevelopment- E Plan.pdf 34 LEAP. (2014). Envisioning the Red Cedar Renaissance Part 1. Retrieved from http://www.purelansing.com/Portals/0/41514RedCedarRenaissan ce-Part-1.pdf c 35 VanHulle, L. (2015). Lansing Council to Vote on Selling Red Cedar.Lansing State Journal. Retrieved from 2 http://www.purelansing.com/Portals/0/41514RedCedarRenaissance-Part-1.pdf w 36 Lexington County Government. (2016). Lexington County Code of Ordinances,Chapter 14-142.5. Retrieved from https://www.municode.com/library/sc/lexington county/codes/code of ordinances 0 0 0 .N m x w U, N a) a7 0. cC a a) N L a) C O U m y L 0 U 0 t C.) c m E U Q 7jPage I Packet Pg. 693 1 6.A.22.b RESOLUTION NO.2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, IN ACCORDANCE WITH SECTION TWO OF ORDINANCE NO. 2016-13, EXTENDING THE MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS INVOLVING THE CONVERSION OF LANDS ° ZONED FOR GOLF COURSE USE TO APRIL 11,2017. ° WHEREAS, on May 10, 2016,the Board of County Commissioners (Board)adopted Ordinance 2 No. 2016-13, which placed a six-month moratorium on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use;and WHEREAS, the purpose of the moratorium was to allow the Board to develop Growth Management Plan and Land Development Code amendments to address issues related to golf course c • conversions such as open space analysis, stormwater impacts,and environmental sensitivity; and WHEREAS, Section Two of Ordinance No. 2016-13 provides, "The moratorium established by w this Ordinance may be extended or terminated early by adoption of an ordinance or resolution of the •• Board of County Commissioners"; and N WHEREAS,the Board wishes to extend the moratorium established by Ordinance No. 2016-13; E ° and ° WHEREAS, the Board has determined that this extension is in the best interests of the Collier County citizens as it would allow for additional analysis to develop legislation that properly addresses issues related to golf course conversions. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that as provided in Section Two of z Ordinance No. 2016-13, the temporary moratorium placed on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use is hereby extended to April 11,2017. THIS RESOLUTION ADOPTED after majority vote on the day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA a) By: By: ,Deputy Clerk DONNA FIALA,CHAIRMAN jiAp.ro'1 ; ,441 . erm and legality: U Jeffrey � .K •tzkow,County Attorney I Packet Pg. 694 I 16.A.22.c ORDINANCE NO.2016- 13 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,BCL AND MfPLL'llfEN'IM i 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. 0 2 WHEREAS,at the request of the Board of County Commissioners(Board), staff prepared `n an analysis of existing golf courses within Collier County and their potential for conversion;and co WHEREAS, this analysis identified sixty-five (65) golf courses, totaling approximately o 13,539 acres,and noted that ten(10)of these courses,or approximately 1,521 acres,were likely to 0 seek conversion from their current"golf course"zoning;and ' o WHEREAS, the Board wishes to develop Growth Management Plan and Land a 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 N O 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: ch 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 w 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 Pet_ 695 I6.A.22.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. 2 0 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 2 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 c°v Commissioners of Collier County, Florida,thisio}-day of Ma,�•1 ,2016. o 1 0 r.. f +r 0 ATTEST: ... BOARD OF COUNTY COMMISSIONERS DWIGHT,E.BROC,K;,CLERK COLLIER COUNTY, FLORIDA r. By - icy • Iii/.. By- 1149 jaerat Attest as G '►ildns,• , i �` DONNA FIALA, CHAIRMAN N signature only •r.��'' Appro •d a t c form and legality: N 11101g1 1 O Jeffrey .iv'; .w County .t o ey 1\ o M fC d 9 This ordinance filed with the Secretory of Stote's Office the .13}`"day of _, 2-0 i lv and acknowledgement oofthat Pilin received this _.t_3 day of By �� �'$1`.ar. Deputy 2 I Packet Pg. 696 I