The URL can be used to link to this page

Backup Documents 09/15/2009 Item #17A COLLIER COUNTY FLORIDA (i) l?A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement o Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/ Div: Comm.Dev.Serv./Comprehensive Planning Person: Marcia R. Kendall Date: 8/~/2009 1'7 c!!!KJ Petition No. (If none, give brief description): CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs. Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) NIA Hearing before XXX BCC BZA Other Requested Hearing Date: September 15. 2009 Based on advertisement appearing 10-5 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A =~=:ee ~lf~i ~~47 ~ 0 ~~~71r be ch"goo fo, adverti,ing co,,, 111138317- Revie~ j Approve by: ~ ' ~ -/{),..0Cj Department Direct&- Date County Manager Date List Attachments: Advertisement Request and Map 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: H 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: o Requesting Division o Original o County Manager agenda file: to 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 USEr~tJ1t q IS f ocr Date Advertised: cr 1..[1 O} Date Received: \.' \ Date of Public hearing: , j - ,I 'I q.qcc1 j, .""",..,---~~.",,.~. ~,'" '.. l?A 'If September 15, 2009 Board of County Commissioners Public Hearing . ~~ Advertisina Reauirements Please publish the following Advertisement and Map on Fridav. SeDtember 4. 2009 and Wednesday. SeDtember 9. 2009. and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followina on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 1 ~,..,,,~_.. ,~.... ~"M' ... ,._.,--~,.~""--......,,"-'"'--"---'''''--,,._........, ,",,,",'"~,",-,,-, -_...~. NOTICE OF INTENT TO CONSIDER COMPLIANCE AGREEMENT 17 A Notice is hereby given that on Tuesday, September 15, 2009 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider a Compliance Agreement between the Florida Department of Community Affairs and Collier County, Florida. The purpose of the hearing is to consider a Compliance Agreement between the Florida Department of Community Affairs and Collier County, Florida, by setting forth a proposed remedial amendment to the Capital Improvement Element of the Growth Management Plan in response to the Department of Community Affairs' Statement of Intent to find the Comprehensive Plan Amendment adopted by Ordinance Number 2009-7 not in compliance, issued in May 2009. The Agreement title is as follows: A COMPLIANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA, SETTING FORTH A PROPOSED REMEDIAL AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN RELATING TO PUBLIC SCHOOLS, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THE AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN, ADOPTED BY ORDINANCE NO. 2009-7, NOT IN COMPLIANCE, ISSUED IN MAY 2009. All interested parties are invited to appear and be heard. Copies of the proposed Compliance Agreement are available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to September 15, 2009, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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 to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Patricia Morgan Deputy Clerk (SEAL) 2 '-~.._' "_',"","'-"'~"'-'"-'- -, <"'---.. --"""",-,-"~..,_." .,.-".- .-- .......... .."----..'~-'." ._.__....~,~.~""_...." 17A STATE OF FLORIDA 1"-.' DIVISION OF ADMINISTRATIVE HEARINGS " t-'; ,. ><; :=c - -~-,-- DEP ARTMENT OF COMMUNITY :~2: AFFAIRS, ...."-~ ~(-: CT) .....rr Petitioner, v. DOAH Case No. 09-3033Gl\{J~ COLLIER COUNTY, Respondent, 1 STIPULA TED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, and Collier County as a complete and final settlement of all claims raised in the above-styled proceeding. RECIT ALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, Collier County (Local Government) is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 09-CIE1 (Plan Amendment) by Ordinance No. 09-07 on February 24,2009; and WHEREAS, the Plan Amendment updated the Capital Improvements Element of the County's comprehensive plan; and WHEREAS, the Department issued its Statement ofIntent on May 19, 2009 and published its Notice of Intent regarding the Amendment on May 20, 2009; and -. ,.".-.-.>" .----....... .. "",..,",.~-".."">_..,.,..->,,,,,,,,_..~ 11 aill 17 A WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance" because of the inconsistent provisions in Objective 2 and Policy 5.4; and WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above-styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government disputes the allegations of the Statement ofIntent regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration ofthe mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each ofthe parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 09-CIEI adopted by the Local Government on February 24,2009, as Ordinance No. 09-07. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1)(b), Florida Statutes. 2 ".,~-_.,- >.--.^.._-..,,_..~.."~," .. 1l Illl,'~ ..,.~.~.,_.;-,-",~...-.,~._.. . 1lIIW ...illl 17A t1 f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. 1. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. J. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case. k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. , 3 ----..,..,,-....-.-. ~.. ._'.._"~ , ~ ..."". 11II 11III '._" 17 A 4. Dismissal. If the Local Government completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes. 5. Description of Provisions not in Compliance and Remedial Actions: Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance. 6 Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the Department as provided in Rule 9J-11.011(5), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 4 lOp" M"__."'.. "'-'- ~ , 17A k.. 8. Acknowledgment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. a. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 11. Purpose of this Agreement: Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 5 ""'..........- -_..._.~..._.~~...,.^"", _'~..M_" 17A 12. Approval by Governing Body. This Agreement has been approved by the Local Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(16)( c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 16. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government. 17. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing. Each party hereby retains the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 19. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the 6 ~,.,,-<, , -- 17A parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 20. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 23. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. 7 "- . --........ , . v ~ 17A In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Approved as to form and legality: '\ \ By: ~ LA AAJl .1)Y'( Charles Gauthier, AICP, Director Lynette N~ Division of Community Planning Assistant General Counsel ~ )\~\t;'1 L9 - (; -Ot Date Date COLLIER COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Date Date Approved as to form and legality: Assistant County Attorney Date 8 -" -."", ~~ .-. 17'A STATE OF FLORIDA EXHIBIT DEP ARTMENT OF COMMUNITY AFFAIRS I-A- IN RE: COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENTS 09-ICIE; AMENDING THE CAPITAL ocketNo.09-CIE1-NOI-1l01 IMPROVEMENTS ELEMENT STATEMENT OF INTENT TO FIND A PORTION OF COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairst pursuant to Section 163 .3184( 10), Florida Statutes, and Rull~ 9J-ll.012(6)t Florida Administrative Code (F.A.C.), hereby issues this Statement of Intent to find a portion of the Comprehensive Plan Amendment 09-CIEl ("Amendments") adopted by Collier County in Ordinance No. 09-07 on February 24, 2009, Not In Compliance, The Department finds that a portion of the Amendments are not "in compliance," as that term is defined in Section 163.3184(1 )(b), Florida Statutes (F.S.), for the following reasons: J. CAPITAL IMPROVEMENTS ELEMENT AMENDMENT OBJECTIVE 2 AND POLICY 5.4 A. Inconsistent provisions. The inconsistent provisions of the Amendments under this subject heading are as follows: Collier County had previously amended the Collier County Growth Management Plan ("Comprehensive Plan") in October 2008 (Ordinance Number 08-55; Department Number 08- PEFE I) to address public school facility planning and school concurrency. Collier County executed the "lnterlocal Agreement For Public School Facility Planning And School Concurrency" ("School Interlocal Agreement") in October 2008 with the District School Board I , - , - ..................- 17A of Collier County ("School District") to address the requirements of Section 163.31777, F.S. In part, the amended Comprc:hensive Plan adopted by Ordinance Number 08-55 established the Public School Facilities Element, level of service standards for public school facilities, and established plan policies for off-site infrastructure improvements to support school facilities. Pursuant to Section 163.3177(12)(c), F.S., the public school facilities element shall be based upon data and analysis, which must include the interlocal agreement adopted pursuant to Section 163.31777, F .S. The School InterJocal Agreement is data and analysis intended to support the Comprehensive Plan, including the Public School Facilities Element, Capital Improvements Element, and Intergovernmental Coordination Element. The amendment (Ordinance No. 09-07) to Capital Improvements Element Policy 5.4 provides that "requisite o'ff-site improvements" are included as part of the necessary capital facilities and services that are to be considered when determining concurrency regarding the public school facilities level of service standards. Thus, the amended Policy 5.4 makes "requisite off-site improvements" a part of the school level of service standards. The school level of service standards established in Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and the School Interlocal Agreement (Sections 13.2 and 14) are based upon permanent Florida Inventory of School House (FISH) capacity as follows: 95% of permanent FISH capacity for elementary school concurrency service areas; 95% of permanent FISH capacity for middle' school concurrency service areas; and 100% of permanent FISH capacity for high school (;oncurrency service areas. Intergovernmental Coordination Element Policy 2.6 requires Collic:::r County to coordinate with the Collier County School District for collaborative planning and decision making on the location and extension of public facilities subject to concurrency and to support existing and proposed public educational facilities in 2 . 'IIIJ""" .<'-~""''''''''',-"- 17A. f' accordance with the School Interlocal Agreement. The school level of service standards established in Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and the School Interlocal Agreement do not include '"requisite off-site improvements." Therefore, the amendment to Capital Improvements Element Policy 5.4 is internally inconsistent with Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and Intergovernmental Coord:ination Element Policy 2.6 regarding the school level of service standards. In addition, the amendment to Capital Improvements Element Policy 5.4 does not establish meaningful and predictable guidelines and standards defining "requisite off-site improvements" in order to guide the concurrency detennination regarding the level of service standards. Because the amendment to Capital Improvements Element Policy 5.4 is inconsistent with the Interlocal School Agreement (Sections 13.2 and 14), Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and Intergovernmental Coordination Element Policy 2.6, the several ekments (Capital Improvements Element, Public School Facilities Element, and Intergovernmental Coordination Element) of the Comprehensive Plan are not consistent and coordinated, and therefore the amendment to Policy 5.4 is inconsistent with the requirements of Section 163.3177(2), F.S., and Rule 9J-5.005(5), F.A.C. The amendment to Capital Improvements Element Policy 5.4 is not supported by best available relevant and appropriate data and analysis because the amended Policy 5.4 is inconsistent with the School Interlocal Agreement (Sections 13.2 and 14) regarding school level of services standards. The amendment to Capital Improvements Element Policy 5.4 is not supported by relevant and appropriate data and analysis identifying whether any requisite oft-site improvements are needed to achieve and maintain the amended level of service standard of 3 -, . -_.-..,..~."','"-- . Ill~ U . 17 7' A. I Policy 5.4 and demonstrating that the requisite off-site improvements are included in a financially feasible Schedule of Capital Improvements in the Capital Improvements Element. The amendment to Capital Improvements Element Policy 5.4 makes the school level of service standards in Policy 5.4 inconsistent with statutory requirements (Sections 163 .3177( 12) and 163.3180(13), F.S.) to have uniform district-wide (school district-wide) level of service standards for school concurrency because the local government comprehensive plans other local governments in Collier County do not include plan policy provisions consistent with the amendment language of Policy 5.4. Therefore, the amendment to Capital Improvements Element Policy 5.4 is not consistent with the following requir,ements: Rules 9J-5.005(2), (3), (5) and (6); 9J-5.015(3)(b)l; 9J- 5.01 5(3)(c) I., and II.; 91-5.016(1), (2), (3) and (4); 9J-5.025(2)(t); 9J-5.025(3)(b)1., 2., 3., and 5.; 9J-5.025(3)(c)2., 5., and 7., F.A.C.; and Sections 163.3177(2), (3), (8), and (10)(e); 163.3177(4)(a); 163.3177(6)(h); 163.3177(12); 163.3177(12)(c) and (g); 163.3180(13); 163.3180(13)(a), (b), (d), and (g); and 163.31777, F.S. The amendment (Ordinance Number 09-07) to Capital Improvements Element Objective 2 states that "Any and all off-site improvements associated with new schools and school expansions shall be the sole responsibility of the Collier County School Board unless Collier County and the Collier County School Board agree to an alternative funding mechanism." The off-site improvements pertain to infrastructure to support new schools and school expansions. School Interlocal Agreement (Section 7) addresses off-site improvements by requiring the off- site improvements be addressed (at the time of the preliminary consistency determination that is done when school sites are identified or schools are expanded or constructed and reviewed for consistency with the Comprehensive Plan) for each new or expanded school through an 4 _"'_.. _ili.PI'Cf. ... . 17A agreement between the School District and local government as to the scope, timing, and party (or parties) responsible for funding, constructing, operating and maintaining the off-site improvement. The Public School Facilities Element Policy 3.2 implements the School Interlocal Agreement by requiring the County and School District to enter into an agreement for off-site improvements (address the scope, timing, funding, constructing, operating, and maintaining) prior to commencement of construction of a new school. The School Interlocal Agreement and Public School Facilities Element Policy 3.2 do not establish or determine which party (or parties) is responsible for funding the off-site improvements, but the School Interlocal Agreement and Public School Facilities Element Policy 3.2 establish a process (through the agreement for off- site improvements) to address the issue of which party (or parties) is responsible for off-site improvements. The Comprehensive Plan Intergovernmental Coordination Element Policy 2.6 requires Collier County to coordinate with the Collier County School District for collaborative planning and decision making on the location and extension of public facilities subject to concurrency and to support existing and proposed public educational facilities in accordance with the School Interlocal Agreement. The amendment to Capital Improvements Element Objective 2 is inconsistent with the School Interlocal Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6 because: (1) the amendment to Capital Improvements Element Objective 2 makes the School District solely responsible for off-site improvements to support new schools and school expansions unless both parties (Collier County and the School District) agree to an alternative funding mechanism, and the School Interlocal Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6 do not establish that the School District is solely responsible for 5 .~~~,- " - r.1Jr ". Tr"<V "'_11'- l?A such off-site improvements; and (2) the amendment to Capital Improvements Element Objective 2 makes the School District solely responsible for otT-site improvements to support new schools and school expansions while not requiring that the responsibility for off-site improvements be mutually agreed to through the "off-site improvements" agreement process established in the Schoollnterlocal Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6. Because the amendment to Capital Improvements Element Objective 2 is inconsistent with Public School Facilities Element Policy 3.2 and Intergovernmental Coordination Element Policy 2.6, the Comprehensive Plan as amended does not establish meaningful and predictable guidelines for off-site improvements for schools. The amendment t,;) Capital Improvements Element Objective 2 is not supported by the best available relevant and appropriate data and analysis of the School Interlocal Agreement because the amendment to Capital Improvements Element Objective 2 is inconsistent with the School Interlocal Agreement. The amendment to Capital Improvements Element Objective 2 is not supported by best available relevant and appropriate data and analysis demonstrating that the School District has agreed to be solely responsible for any and all off-site improvements associated with new schools and school expansions. In addition, based on comments from the School District, the School District has not agreed to be solely responsible for any and all off-site improvements associated with new schools and school expansions. Because the amendment to Capital Improvements Element Objective 2 is inconsistent with the Interlocal School Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6, the several elements (Capital Improvements Element, Public School Facilities Element. and Intergovernmental Coordination 6 ""- , . ~ it., T 17A Element) of the Comprehensive Plan are not consistent and coordinated, and therefore the amendment to Objective 2 is inconsistent with the requirements of Section 163.3177(2), F.S., and Rule 9J-5.005(5), F.A.C. The amendment to Capital Improvements Element Objective 2 is not consistent with the requirements of Sections 163.3177(12) and 163.3180(13), F.S., which require consistent, uniform procedures for implementation of school concurrency district wide throughout a school district because the local government comprehensive plans of other local governments within Collier County do not indude plan objective/policy provisions consistent with the amendment language of Objective 2. Therefore, the amendment to Capital Improvements Element Objective 2 is not consistent with the following requirements: Rules 9J-5.005(2), (5) and (6); 9J-5.015(3)(b)l; 9J- 5.015(3)(c)l., and 11.; 9J-5.016(1)(a); 9J-5.016(2)(c) and (d); and 9J-5,OI6(3)(b)1; 9J- 5.025(2)(t); 9J-5.025(3)(b)1., and 5.; 9J-5.025(3)(c)5" F.A.C.; and Sections 163.3177(2), (3) and (8); 163.3177(4)(a); 163.3177(6)(h); 163.3177(12); 163.3 I 77(12)(c) and (g); 163.3180(13); 163.3 I 80(13)(a), and (g); and 163.31777. F.S. B. Recommended Rc~medial Actions. l. Delete the amendments to Objective 2 and Policy 5.4 from the Comprehensive Plan. 7 "~""-- '" 1>';0>'11' M __.__-_^_"".4.' '~'_~,~___ 17A II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The Amendments are inconsistent with the State Comprehensive Plan goals and policies S(~t forth in Section 187.201, Florida Statutes, including the following provisions: 1. Land Use. The Amendments are inconsistent with the Goal set forth in Section 187.201(15)(a), F.S., and the Policy set forth in Sections 187.201(15)(b)I, F.S. 2. Urban and Downtown Revitalization. The Amendments are inconsistent with the Goal set forth in Section 187.201(16)(a}, F.S., and the Policy set forth in Section 187.201(169}(b)8, F.S. 3. Public Fadlities. The Amendments are inconsistent with the Goal Set forth in Section 187.201(17}(a), F.S. 4. Plan Implc~mentation. The Amendments are inconsistent with the Goal set forth in Section 187.201(25)(a), F.S., and the Policies set forth in Section 187.201(25}(b)7. B. Recommended remedial action. These inconsistencies may be remedied by revising the Amendments as described above in Section I. 8 ..- . " l.. . l?A CONCLUSIONS 1. The Amendments identified above are not consistent with the State Comprehensive Plan; 2. The Amendments identified above are not consistent with Chapter 9J-5, F.A.C.; 3. The Amendments identified above are not consistent with the requirements of Chapter 163, Part 11, F.S.; 4. The Amendments identified above are not "in compliance," as defined in Section 163.3184(1)(b) F.S.; and" 5. In order to bring the Amendments into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this 19th day of May 2009, at Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 9 __'..'~__m_ 17 A CONCLUSIONS 1. The Amendments identified above are not consistent with the State Comprehensive Plan; 2. The Amendments identified above are not consistent with Chapter 9J-5, F.A.C.; 3. The Amendments identified above are not consistent with the requirements of Chapter 163, Part II, F.S.; 4. The Amendments identified above are not "in compliance," as defined in Section 163.3 1 84{l)(b) F.S.; and, . 5. In order to bring the Amendments into compliance, the County may complete the recommended remedial Blctions described above or adopt other remedial actions that eliminate the inconsistencies. Ex~uted iliis l~h &y of May ):;l~;d~~ Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 9 . lIl_l_ __".._,--",. 11 -'- Exhibit B 27A Collier COWlty shall adopt a remedial plan amendment to Capital Improvements Element Objective 2 and Policy 5.4 of the Collier County GroVv1h Management Plan to delete the words shown in strike-through below: OBJECTIVE 2 (FINANCIAL FEASIBILITY): Provide public facilities, as described in Polley 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, 9f within the County's authority to require others to provide, or as provided by the School District within their financially feasible Flve- Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 fA each year. AAv 8M fiM..i' aitl i~,rev""i""818'8ilte" with F1WN a8~'el. iFl" aihlll IM.IRSiIFlI f;Ai" ... th, 881, fI818F1'i~i1i\jt ... thl Cellle, C.WFI\V ishlll i'I'" WFlIIIt Celli" (:IWF!~ IF!" ~I ColII,r CIWnW ieh8llie8F.t 81Ftl .1.. altIFfillt\l:e NA"iA, ",..hIAII.... With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenue. generated by ad valorem tax.. and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility Improvements necessitated by growth. Future developmenfs payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payment. of user fees, special assessments and taxe.. (IX) Policy 5.4: The concurrency requirement of the Public School Facilities level of service standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary 'lilitl! facilities and services. IAII..",,., Fliwi.ite eft .It. i"'I'IV8"'8AtI~ are In place at the time a final site development plan, final plat or functional equivalent Is approved; or B. The necessary 118,1'.' facilities and service.. iAllwiiAI F..will.e Iff sit. j",.revI""Rte. are under construction or the contract for such facllltl.. and service. has been awarded, accepted, and duly executed by all parties at the time a final site development plan, .. final plat or functional equivalent; or C. The necessary Mlit..1 facilities and serviceIT- iRllwiiAI FIIiIWi.,t. eff lit. i....rev."'IRt.. are found in the first, second or third year of the School Dlsb'lct of Collier County's financially feasible Five- Year Capital Improvement Plan, as identified in Polley 4.2, and a. formally adopted by the School Board between July 1 and October 1 each year, and as adopted by reference by December 1 of each year, at the time a final site development plan, final plat or functional equivalent i. approved; or D. The necessary caot4_ facilitIes and sel'\liceSr ~(MWi6>it. 9" elt. i"'BF8'''8~8Rt4h are the subject of a binding commitment with the developer to contribut. proportionate share funding as provided for In Policy 2.4 of the Public School Facilities Element, if applfcable, or to construct the needed facilities. -, . - -- 17A Acct. #068778 August 19, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CPSP-2008-6: Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs Dear Legals: Please advertise the above referenced notice on Friday, September 4,2009 and also again on the following Wednesday, September 9, 2009. Please send the Affidavit of Publication, in triplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500100973 --_._-----"'- ,. . ...~. ""~_,.'"_,_loI!,'_'" "~I_""'__illliI!oll_ .'411ill.~ ,."'.....,''''-_..~ ,--,----.....~,.,-."-"'..."-.._~-- September 15, 2009 Board of County Commissioners Public Hearing I7A Advertisina ReQuirements Please publish the following Advertisement and Map on Fridav. September 4. 2009 and Wednesday. September 9, 2009, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the Board Minutes and Records Department, 3301 Tamiami Trail E., Naples, Florida 34112. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followina on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 1 ..~---",',-,--... --- - m1 _____"_.."<"'-'~....,,. - .,-_. ."..-.-'.._"""....."...~~.,.~~._......__'""__~>_..";."......._ NOTICE OF INTENT TO CONSIDER COMPLIANCE AGREEMENT 17A Notice is hereby given that on Tuesday, September 15, 2009 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider a Compliance Agreement between the Florida Department of Community Affairs and Collier County, Florida. The purpose of the hearing is to consider a Compliance Agreement between the Florida Department of Community Affairs and Collier County, Florida, by setting forth a proposed remedial amendment to the Capital Improvement Element of the Growth Management Plan in response to the Department of Community Affairs' Statement of Intent to find the Comprehensive Plan Amendment adopted by Ordinance Number 2009-7 not in compliance, issued in May 2009. The Agreement title is as follows: A COMPLIANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS AND COLLIER COUNTY, FLORIDA, SETTING FORTH A PROPOSED REMEDIAL AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN RELATING TO PUBLIC SCHOOLS, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THE AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN, ADOPTED BY ORDINANCE NO. 2009-7, NOT IN COMPLIANCE, ISSUED IN MAY 2009. All interested parties are invited to appear and be heard. Copies of the proposed Compliance Agreement are available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to September 15, 2009, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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 to be based. If you are a person with 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 Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 2 - '" lll'l .......,._'''''~'1lII -.w_.______ """'_W___"""_-'-_"';,"~"__""_"'__ Martha S. Vergara UA. From: Martha S. Vergara Sent: Wednesday, August 19, 20094:20 PM To: 'Iegals@naplesnews.com' Subject: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs Attachments: CPSP-2008-6 (Agreement w CC-DCA 9-15).doc; CPSP-2008-6 Capital Improvement Element Compliance Agreement (CC-DCA).docx Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -7240 239-252-8408 fax (martha. vergara@collierclerk.com) 1 -,;-".._.~_..._.,_.. . .,. 17 .. LII. - IllMII lilt '"""""'-- -- .-.,- Martha S. Vergara 17A From: postmaster@collierclerk.com Sent: Wednesday, August 19, 2009 4:20 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT641458.txt; CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naDlesnews.com 1 ,~-----~_.,--- ~.-' if'T 'T'_ ~_... ---- -" "", - "--"""",,=---_...-._,,--- 17A Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, August 19, 20094:57 PM To: Martha S. Vergara Subject: RE: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs ok - From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Wednesday, August 19, 20094:20 PM Posted To: Legals - NDN Conversation: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs Subject: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element Compliance Agreement with Collier County and the Department of Community Affairs Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. vergara@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 "",--- - .'1_ , ~"""""__'_'N""'~'''' < """~<__""'"_""'''__''''"A...._'.'''''_~''~''~'_'._''___'''~_' '~>o_",- 17A if! -. -... " - 14D · Wednesday, September 9"2009 · Naples DaUy News NOTICE OF INTENT TO CONSIDER COMPLIANCE AGREEMENT Notice is hereby given that on Tuesday, September 15, 2009 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a 'public hearin~ to consider a Compliance Agreement between the Florida Department of Community A airs and Collier County, Florida. The purpose of the hearing is to consider a 'Compliance Acfireement between the Florida Department of Community Affairs and Collier County, Flori a, by setting forth a proposed remedial amendment to the Capital Improvement Element of the Growth Mana~ement Plan in response to the Department of Community Affairs' Statement of Intent to fmd the Comprehensive Plan Amendment adopted by Ordinance Number 2009.7 not in compli- ance, issued in May 2009. The Agreement title is as follows: A COMPLIANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AF- FAIRS AND COLLIER COUNTY, FLORIDA, SETTING FORtH A PROPOSED REMEDIAL AMEND- MENT TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PIAN RElATING TO PUBLIC SCHOOLS, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AF- FAIRS' STATEMENT OF INTENT TO FIND THE AMENDMENT TO THE CAPITAL IMPROVE- MENT ELEMENT OF THE GROWTH MANAGEMENT PIAN, ADOPTED BY ORDINANCE NO. 2009-7, NOT IN COMPLIANCE, ISSUED IN MAY 2009. All interested parties are invited to appear and be heard. Copies' of the prmosed Compli- ance Agreement are available for inspection at the Collier County qerk's 0 Ice, 4th floor, Administration Building, Collier County Government Center, East Na~les, Florida; and at ComRrehensive Planning Department, 2BOO N. Horseshoe Drive, Nap es, Florida between the ours of B:OO A.M. and S:OO P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning. Department. Written comments filed with the Clerk to the Board's Office prior to September 1 S, 2009, will be read and considered at the public hearing. 'If a person decides to appeal anJ decision made by the Board of countD Commissioners with respect to any matter consi ered at such meeting or hearing, he wi I need a record of that proceeding, and for such purpose he 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 to be based. If you are a person with 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 assist- ance. Please contact the Collier County Facilities Management Department, located at .3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) '252-B380. Assisted listen- ing devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIAlA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha ver~ara, Deputy Cler (SEAL) Seotember 4 9 lOOg No 1813215 f( .j'. -~._--_...._~._-- lit. .. 1 lIt"_ -- ....;---_.,.,,,........, """""'--^_...""..._~".._- 1 '1 17A- Nap es Dal y News .,~ Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/COMPREHENSIVE PLANNING DEV CLERK OF CIRCUIT CRT S AMMERMANN/FINANCE DEPT POBOX 413044 NAPLES FL 34101 REFERENCE: 068778 45000100973 / M. KEN 59587536 NOTICE OF INTENT TO NOTlCeOfINTENtTOCOI'lSIl>eR CQt,WUANCe AGRlENENT Sta te of Florida t-lo.t\ce.ls. . hereby given tn.t,.<!!'.......Tr.uesday. September 15. 2009 ,In Ill- ~oom,~aO!ill',. W. Harmon Wnwr ""tllII'I9Mf1. F). Collier County GCMlmmentCeIJlllr,aillll E. r~ County of Colll' er.T'lIl.'l.H~.',... '...~.'..'.'.."'.~'--..".'.'...~.' coun.tv cClll'Im.'.S$iql)ers w1111'\ol0..1!II.....""''''''....1\Hrlllg to. caMl\je(,(,COlIl8~ ~lIetMll!n th, FIOrIdtDep.al'tment'of,~I\~ AffIlts Before the undersigned authority, persona aridCollltr.CQuntulOfllK.... ". \ .... d h .r 411f.h hearl 'It. CQt1$1l:\er a Ii"'~" . ~I\ tile Florida appeare Susan Rogge, w 0 on oath says that . ...~~m~n' i". Clllller ~ .....', \!Y .fll'ltlU P"Qpc>sed . " 'to, 1m ovement. . . ~ ..~ G. . serves as the Vlce presldent of Flnance of p..Ien.'ll>... r......., ..to......... ~.............,....,...=.....,......~.. muhity,.... 1Iis...........,.;....'..i:Hi1.1.......lriten....~. tQ. ncl.,,",. , . . ~." PI"'. " ... . .byOr .. N\lmber2Q09.709t Ir1 con'lj)ll- Naples Dally News, a dally newspaper publlS Il\<ltt' . '2..,. ',.;" ..lslIf ", ,:.', ' Naples 1. n Colll' er County Florl' da' that A_~AGRtiEMENT,."'.'.~H tHe FtOlUl:lA_A&~ Ol'tOMMUNITY "1- , ,. ~AltI$!'lliHD'all.utR COUNTY,F .' . strTING FORTH APIIOPOUo. R!MEOIAL AMeND- attached copy of advertising was published MeNT TO tHE <:APITAL INlPlIOVE . EleMENT OF THE GROWFH MANAGeMeNT PlAN REJATING'10.~l(;,$_.. .11!e$POKSe TP THe DePARTM!l!lTOf COMMUNITY Af- newspaper on dates ll'sted ~AlllS',MlJ!IEtltidr... ..,..flINtI.THEAMeNDMENTTOTHECAPIt.A.L.IMPROVe- . r.mlT. '!WiIENT'I)'~tc'fMl,G . .".MANAGeMENT PlAN, ADOPTED Il'f OllDlNANCe NO. Affiant further says that the said Naples 2Oll9-7.NOTIHCOMPI,IANC!E. ISSl.lEDIN MAY 2009. " , N . b l' h d l' Alf inMrfit!!d petties lit. invited to appe.r ancj be beil1d. CoPl'" Qf tile Ilro~C"!!.ll'"- ews lS a newspaper pu lS e at Nap es, ln aIKAI A..~\.(o.vaIlOble. fQrlnsllectlon atth.COIIIO.fC.0UIltj..CI~"'OffIccee,...44t."'f.!l:ior. C 11' C t Fl' d d t h t t h . d Aclminliti'ttlOo Building. Collier County liiCMlmment j;enttr, .E..t Ha florida; and. at o ler oun y, orl a, an a e sal ~P","n1.ng Depal'tment. 2110O N. HQI'$e$IIoeDnv.,.Na . . ~d'.',~ , the !Iou" of 8:00 A.M. and 5:00 P.M., Mondav tlvoughFridav. Any qulltiOll$ Pl'rtalnlng newspaper has heretofore been contlnuously 10 .....dlI<\lnI.nts...~d. .d~.' tQ thoCOfnI)tthenslvo P1annlll9POnn11. .. lIl't. . . ., . Wlitten cornmtlntS 111.0 W1ti1 tho <:1m t. the Board's OffIce priQr to September S. 2009, publlshed ln sald Colller County, Florlda, L\NIIlOoreadandconsi"redottheRUbhcn.arl~ day and has been entered as second class ma' If.~..c ..deci.. clef. R,",'~.,"'.":f' .....~n mlId.......by tholloard. OfCOUn1Y.Coml\I.. j~ CI(lOf$. . 'Iillth .....'\0 1II)j' .. .. .It suctl'meeting (J1 heatll\ll. be will. nOlld .. 'Ntord tt t th t ff' . N 1 ' , ofl!wt'~h'lg." fol'\ 'a;.Il~""he_netidtoensur.thot.v\Il:bMlmrecord ma er a e pos 0 lce ln ap es, ln sale of tIIe'~ln9.~.~~'iili:cird lildUdfl tile te.timony and evidenc.upon Collier County, Florida, for a period of 1 ~ ~h~"~~lStQIIII~. ...... .' t d . h f ' b 1 . , f h If_lIf'.!.~witIl ~Ii", whQ;needs any 1CC0mmodation In Qrder to INIrticl~e nex prece lng t e lrst pu lcatlon 0 t e f~':~ "i "",~,.illt.lft"iIocoit",uu.to'~r=onof "'.- at tached copy of advertisement; and affiant .."f~a..1!tail~.'t'l.~u~.n.ty... Fac=. ~~(2i9) ~.G.~ , . In"_(0lI1iIlr1Jleh~- .re""lIabltIn tho <!OIlntyCotnmlosloner1'0 . '. furtI:er says that he hc:s nel ther pald. nor B~Dhfi\f()\JIIITYcr;M~R's/." promlsed any person, flrm or corporatlon anJ~~:~Th~~~ discount, rebate, commission or refund for t DWIGHTE.BROCK.CLE~ Purpose of securing this advertisement for By: Martha Vergara. De uly Clert< (SEAL) publication in the said newspaper. PUBLISHED ON: 09/04 09/04 09/09 09/09 AD SPACE: 108 LINE FILED ON: 09/09/09 - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - -7 ~ - - - - ~ - -. - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Signature of Affiant l11Wnr n (2Ut. Sworn to and Subscribed before me day of Ser~e~ bGY" 200Q Personally known by me - -- 17' A. MEMORANDUM Date: September 18, 2009 To: Corby Schmidt, Principal Planner Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2009-45 Stipulated Settlement Agreement Attached is a copy of Ordinance 2009-45 and two originals of the agreement referenced above (Agenda Item #17 A & #17B), which were adopted/approved approved by the Board of County Commissioners on Tuesday, September 15, 2009. After the Ordinance has been returned to our office from the Office of the Secretary of State you will receive a copy of that validated ordinance. If you have any questions, please call me at 252-8406. Thank you. .~ ",--.,---..'-... o ~.,... "_ ~''''''__''~''__'''''''''___.'''',''e'''__N'"~._ J?A 1" .",., 'Lynette Norr/DCAlFLEOC To "WilliamsSteven" <StevenWilliams@colliergov.net> 06/11/200904:49 PM cc DavidWeeks@colliergov.net, -Scott Rogers/DCAlFLEOC@fleoc, 'Connie bee Norman/DCAlFLEOC@f1eoe, -Brenda Subject Settlement of 09-CIE1 AmendmentC] Steve, DCA is in the process of obtaining approval of the County's recent settlement proposal to resolve the not in compliance Objective 2 and Policy 5.4 of the CIE. Since I will be out of the office the next two weeks, I've prepared a compliance agreement for DCA to sign as soon as we approve. My assistant Connie will send you three originals of the settlement agreement signed by DCA. Because DCA has signed first, the County may, if it chooses, hold a public hearing to approve the settlement (sign the settlement agreement) and then hold another public hearing immediatly following to adopt the remedial amendment. The remedial amendment adopted pursuant to a settlement agreement is exempt from the 2-per-year amendment limit. That will move the process along for you. Connie's phone number is 850-922-1698. She will need your address to send out the settlement agreements. Could be next week or the following. I don't want to hold them up by being out of the office when they are ready to send to the County. You can also be in touch with Scott Rogers or Brenda Winningham about the progress of approval here at DCA. Please return 2 executed original settlement agreements to me at the address below. The remedial amendment goes to Ray Eubanks pursuant to 9J-11. Lynette Norr, Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 488-0410 Office of the General Counsel (850) 922-1690 Lynette's direct line (850) 922-2679 FAX The Department of Community Affairs is committed to maintaining the highest levels of service and values your feedback. Please take a few moments to complete our Customer Service Survey by visiting http://www.dca.state.f1.us/CustomerServiceSurvey/. We look forward to hearing from you. However, if you require assistance or a response from the agency, please use the "Contact Us" webpage at http://www.dca.state.f1.us/contactus/. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. '-.-'-.", ,~--- --.-.-.<.--.,."" "-~,.... ---..,- -~-^-"-'-"'"-'--'" --" STATE OF FLORIDA l?:A DIVISION OF ADMINISTRATIVE HEARINGS -~, - -"['" ;- r .. ,. DEP ARTMENT OF COMMUNITY ---- . AFF AIRS, Petitioner, v. DOAH Case No. 09-3033GM COLLIER COUNTY, Respondent, I STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, and Collier County as a complete and final settlement of all claims raised in the above-styled proceeding. RECIT ALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, Collier County (Local Government) is a local government with the duty to adopt comprehensive plan amendments that are '"in compliance;" and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 09-CIE 1 (Plan Amendment) by Ordinance No. 09-07 on February 24, 2009; and WHEREAS, the Plan Amendment updated the Capital Improvements Element of the County's comprehensive plan; and WHEREAS, the Department issued its Statement ofIntent on May 19, 2009 and published its Notice of Intent regarding the Amendment on May 20, 2009; and ,.,--,"'_. ,,-~ ."-"-"1 -. -~-- .""-,.~-"-----~-~~-_.,,.,.-.... 17 A WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance" because of the inconsistent provisions in Objective 2 and Policy 5.4; and WHEREAS, pursuant to Section 163 .3184( 1 0), Florida Statutes, DCA has initiated the above-styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government disputes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 09-CIEI adopted by the Local Government on February 24,2009, as Ordinance No. 09-07. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1)(b), Florida Statutes. 2 -'"P. _~_~.~ .. ~_~ T I ,-..-, ."', _'....._h___"__~_._~..'"","_.. ..,,"~.,_ .,__....._,_.._^..._m__"~___ - 17A f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. 1. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. J. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case. k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. 3 -----'" _",.-'0"-' ".. ,~'^.,"",""", T "~.~.~, _'M~ _'.\10..' . _...,.,._..-~~~~ 17 A 4. Dismissal. If the Local Government completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(t), Florida Statutes. 5. Description of Provisions not in Compliance and Remedial Actions: Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance. 6 Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the Department as provided in Rule 9J-l1.011(5), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 4 _._-- V" -~ .-'_, - ,~",,,,,,,",,",'''.=.,-, _.'1IlI'I_'" .......-...-- 17 A 8. Acknowledgment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. a. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 11. Purpose of this Agreement: Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 5 >,,,,,,,-,,, -.".""' ,...".". -. .. <.,",.~^'~;- ".,',.. ; ____.~1IlII. .I." """.- ---,..--. -' i' A 12. Approval by Governing Body. This Agreement has been approved by the Local Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(16)(c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 16. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government. 17. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing. Each party hereby retains the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 19. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the 6 "~~-"" _._. _._......~_._'-"-'..._. """',--. --.---....., {jf I ..b. J , ~ parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 20. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 23. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. 7 ""'....~.. ..........- "--- """'" ".."-""..-----~ 17A In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Approved as to form and legality: By: C ~ M J\5J Charles Gauthier, AICP, Dtrector Lynette N Division of Community Planning Assistant General Counsel h )l~~ (0-\2-01 D~ D~ COLLIER COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA t ' ^j' I - ..~':.' ...A.--..' C. ~ ~~ ~.Q..~ DONNA !ALA,CHAIRMAN ............ .' C\ -l8-1i)oq 9/ (~! O~ Date Date Approved as to form and legality: ~7W~ Assistant County Attorney 9. /b.() '1 Date 8 ,._.,".,_._-.._ ..~~.. ,....., ~ .._." -p- ,__......M_ ~~." ..",,~ '1" ~,"'..,."-.,,,,".,,_.... .....~__ ~7A r1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EXHIBIT I A IN RE: COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENTS 09-1 CIE; AMENDING THE CAPITAL ocketNo.09-CIEI-NOI-llOl IMPROVEMENTS ELEMENT STATEMENT OF INTENT TO FIND A PORTION OF COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs, pursuant to Section 163 .3184( 1 0), Florida Statutes, and Rull;: 9J -11.0 12( 6), Florida Administrative Code (F .A.C.), hereby issues this Statement of Intent to find a portion of the Comprehensive Plan Amendment 09-CIEl ("Amendments") adopted by Collier County in Ordinance No. 09-07 on February 24, 2009, Not In Compliance. The Department finds that a portion of the Amendments are not "in compliance," as that ternl is defined in Section 163.3184(1)(b), Florida Statutes (F.S.), for the following reasons: I. CAPITAL IMPROVEMENTS ELEMENT AMENDMENT OBJECTIVE 2 AND POLICY 5.4 A. Inconsistent provi.sions. The inconsistent provisions of the Amendments under this subject heading are as follows: Collier County had previously amended the Collier County Growth Management Plan ("Comprehensive Plan") in October 2008 (Ordinance Number 08-55; Department Number 08- PEFE I ) to address public school facility planning and school concurrency. Collier County executed the "Interlocal Agreement For Public School Facility Planning And School Concurrency" ("School Interlocal Agreement") in October 2008 with the District School Board I "",-- r .. -,... ,~-,.~." ,.... . -,..".~ . ~~,~-- . 'I n_ - . -- 17A t1 of Collier County ("Schoo) ~istrict'') to address the requirements of Section 163.31777, F.S. In part, the amended Comprl~hensive Plan adopted by Ordinance Number 08-55 established the Public School Facilities Element, level of service standards for public schoo) facilities, and established plan policies tor off-site infrastructure improvements to support school facilities. Pursuant to Section 163.3 I 77(12)(c), F.S., the public school facilities element shall be based upon data and analysis, which must include the interlocal agreement adopted pursuant to Section 163.31777, F.S. The School Interlocal Agreement is data and analysis intended to support the Comprehensive Plan, including the Public School Facilities Element, Capital Improvements Element, and Intergovernmental Coordination Element. The amendment (Ordinance No. 09-07) to Capital Improvements Element Policy 5.4 provides that "requisite off-site improvements" are included as part of the necessary capital facilities and services that are to be considered when determining concurrency regarding the public school facilities level of service standards. Thus, the amended Policy 5.4 makes "requisite off-site improvements" a part of the school level of service standards. The school level of service standards established in Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and the School lnterlocal Agreement (Sections 13.2 and 14) are based upon permanent Florida Inventory of School House (FISH) capacity as follows: 95% of permanent FISH capacity for elementary school concurrency service areas; 95% of permanent FISH capacity for middle' school concurrency service areas; and 100% of permanent FISH capacity for high school (;oncurrency service areas. Intergovernmental Coordination Element Policy 2.6 requires Collit::r County to coordinate with the Collier County School District for coJlaborative planning and decision making on the location and extension of public facilities subject to concurrency and to support existing and proposed public educational facilities in 2 -_."'......,_.,....... ""-' , ~l. . "'""-'""- . "17 7 a '1 . 1'.' "~'.. I J~ accordance with the School Interlocal Agreement. The school level of service standards established in Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and the School Interlocal Agreement do not include "requisite off-site improvements." Therefore, the amendment to Capital Improvements Element Policy 5.4 is internally inconsistent with Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and Intergovernmental Coordination Element Policy 2.6 regarding the school level of service standards. In addition, the amendment to Capital Improvements Element Policy 5.4 does not establish meaningful and predictable guidelines and standards defining "requisite off-site improvements" in order to guide the concurrency determination regarding the level of service standards. Because the amendment to Capital Improvements Element Policy 5.4 is inconsistent with the Interlocal School Agreement (Sections 13.2 and 14), Capital Improvements Element Policy 1.5, Public School Facilities Element Policy 1.1, and Intergovernmental Coordination Element Policy 2.6, the several elt::ments (Capital Improvements Element, Public School Facilities Element, and Intergovernmental Coordination Element) of the Comprehensive Plan are not consistent and coordinated, and therefore the amendment to PoHcy 5.4 is inconsistent with the requirements of Section] 63.3177(2), F.S., and Rule 9J-5.005(5), F.A.C. The amendment to Capital Improvements Element Policy 5.4 is not supported by best available relevant and appropriate data and analysis because the amended Policy 5.4 is inconsistent with the School Interlocal Agreement (Sections 13.2 and 14) regarding school level of services standards. The amendment to Capital Improvements Element PoHcy 5.4 is not supported by relevant and appropriate data and analysis identifying whether any requisite ofT-site improvements are needed to achieve and maintain the amended level of service standard of 3 ----, --,~,- --.." -- --.'." . -.."..-'" - "-'__0 17A Policy 5.4 and demonstrating that the requisite off-site improvements are included in a financially feasible Schedule of Capital Improvements in the Capital Improvements Element. The amendment to Capital Improvements Element Policy 5.4 makes the school level of service standards in Policy 5.4 inconsistent with statutory requirements (Sections 163.3177(12) and 163.3180(13), F.S.) to have uniform district-wide (school district-wide) level of service standards for school concurrency because the local government comprehensive plans other local governments in Collier County do not include plan policy provisions consistent with the amendment language of Policy 5.4. Therefore, the amendment to Capital Improvements Element Policy 5.4 is not consistent with the following requir1ements: Rules 9J-5.005(2), (3), (5) and (6); 9J-5.015(3)(b)l; 9J- 5.01 5(3)(c) 1., and II.; 9J-5.016(1), (2), (3) and (4); 9J-5.025(2)(t); 9J-5.025(3)(b)l., 2., 3., and 5.; 9J-5.025(3)(c)2., 5., and 7., F.A.C.; and Sections 163.3177(2), (3), (8), and (lO)(e); 163.3177(4)(a); 163.3177(6)(h); 163.3177(12); 163.3177(12)(c) and (g); 163.3180(13); 163.3180(13)(a), (b), (d), and (g); and 163.31777, F.S. The amendment (Ordinance Number 09-07) to Capital Improvements Element Objective 2 states that "Any and all off-site improvements associated with new schools and school expansions shall be the sole responsibility of the Collier County School Board unless Collier County and the Collier County School Board agree to an alternative funding mechanism." The off-site improvements pertain to infrastructure to support new schools and school expansions. Schoollnterlocal Agreement (Section 7) addresses off-site improvements by requiring the off- site improvements be addressed (at the time of the preliminary consistency determination that is done when school sites are identified or schools are expanded or constructed and reviewed for consistency with the Comprehensive Plan) for each new or expanded school through an 4 '~M "",,,~"., . --",,~, ri ... "."~._- ~,~" p- w """'"\<it' "<111I'""<1 It , --."". ~_"_.w.._,,,"",... -- . agreement between the School District and local government as to the scope, timing, and J 7 A (or parties) responsible for funding, constructing, operating and maintaining the off-site improvement. The Public School Facilities Element Policy 3.2 implements the School Interlocal Agreement by requiring the County and School District to enter into an agreement for off-site improvements (address the scope, timing. funding, constructing. operating, and maintaining) prior to commencement of construction of a new school. The School Interlocal Agreement and Public School Facilities Element Policy 3.2 do not establish or detennine which party (or parties) is responsible for funding the off-site improvements, but the School Interlocal Agreement and Public School Facilities Element Policy 3.2 establish a process (through the agreement for off- site improvements) to address the issue of which party (or parties) is responsible for off-site improvements. The Comprehensive Plan Intergovernmental Coordination Element Policy 2.6 requires Collier County to coordinate with the Collier County School District for collaborative planning and decision making on the location and extension of public facilities subject to concurrency and to support existing and proposed public educational facilities in accordance with the School Interloca.1 Agreement. The amendment to Capital Improvements Element Objective 2 is inconsistent with the School Interlocal Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6 because: (1) the amendment to Capital Improvements Element Objective 2 makes the School District solely responsible for off-site improvements to support new schools and school expansions unless both parties (Collier County and the School District) ngree to an alternative funding mechanism, and the School lnterlocal Agreement (Section 7), Public School Facilities Element Policy 3.2. and Intergovernmental Coordination Element Policy 2.6 do not establish that the School District is solely responsible for 5 -""',--......... ,'_,'M_~'" """""'''''-'.."..., ~Ii ~. "^-""---"'_. UA ~.... . "'''-''''''< -'~'-.,.,,_._, 17A such off-site improvements; and (2) the amendment to Capital Improvements Element Objective 2 makes the School Distriict solely responsible for off-site improvements to support new schools and school expansions while not requiring that the responsibility for off-site improvements be mutually agreed to through the "ofT-site improvements" agreement process established in the School lnterlocal Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental Coordination Element Policy 2.6. Because the amendment to Capital Improvements Element Objective 2 is inconsistent with Public School Facilities Element Policy 3.2 and Intergovernmental Coordination Element Policy 2.6. the Comprehensive Plan as amended does not establish meaningful and predictable guidelines for off-site improvements for schools. The amendment to Capital Improvements Element Objective 2 is not supported by the best available relevant and appropriate data and analysis of the School Interlocal Agreement because the amendment to Capital Improvements Element Objective 2 is inconsistent with the School Interlocal Agreement. The amendment to Capital Improvements Element Objective 2 is not supported by best available relevant and appropriate data and analysis demonstrating that the School District has agreed to be solely responsible for any and all off-site improvements associated with new schools and school expansions. In addition, based on comments from the School District, the School District has not agreed to be solely responsible for any and all off-site improvements associated with new schools and school expansions. Because the amendment to Capital Improvements Element Objective 2 is inconsistent with the Interlocal School Agreement (Section 7), Public School Facilities Element Policy 3.2, and Intergovernmental CDordination Element Policy 2.6, the several elements (Capital Improvements Element, Public School Facilities Element, and Intergovernmental Coordination 6 -."^ e_"'_"_~'_M"_' --- -.."'-,,-~ ..._m"'....' 17A Element) of the Comprehensive Plan are not consistent and coordinated, and therefore the amendment to Objective 2 is inconsistent with the requirements of Section 163.3177(2), F.S., and Rule 9J-5.005(5), F.A.C. The amendment to Capital Improvements Element Objective 2 is not consistent with the requirements of Sections 163.3177(12) and 163.3180(13), F.S., which require consistent, uniform procedures for implementation of school concurrency district wide throughout a school district because the local government comprehensive plans of other local governments within Collier County do not indude plan objective/policy provisions consistent with the amendment language of Objective 2. Therefore, the amendment to Capital Improvements Element Objective 2 is not consistent with the following requirements: Rules 9J-5.005(2), (5) and (6); 9J-5.015(3)(b)1; 9J- 5.015(3)(c)l., and 11.; 9J-5.016(1)(a); 9J-5.016(2)(c) and (d); and 9J-5.016(3)(b)l; 9J- 5.025(2)(t); 9J-5.025(3)(b)1., and 5.; 9J-5.025(3)(c)5., F.A.C.; and Sections 163.3177(2), (3) and (8); 163.3177(4)(a); 163.3177(6)(h); 163.3177(12); 163.3177(12)(c) and (g); 163.3180(13); 163.3180(13)(a), and (g); and 163.31777, F.S. B. Recommended RI~medial Actions. 1. Delete the amendments to Objective 2 and Policy 5.4 from the Comprehensive Plan. 7 "..." '~--' ~."- -"-'" A_"-'''____ ".~_.,-- '"^~-~"~.' 17A II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The Amendments are inconsistent with the State Comprehensive Plan goals and policies S(~t forth in Section 187.201, Florida Statutes, including the following provisions: 1. Land Use. The Amendments are inconsistent with the Goal set forth in Section I 87.201(15)(a), F.S., and the Policy set forth in Sections 187.201(15)(b)I, F.S. 2. Urban and Downtown Revitalization. The Amendments are inconsistent with the Goal set forth in Section 187.201(16)(a), F.S., and the Policy set forth in Section 187.201(169)(b)8, F.S. 3. Public Fadlities. The Amendments are inconsistent with the Goal Set forth in Section 187.201(17)(a), F.S. 4. Plan Impll~mentation. The Amendments are inconsistent with the Goal set forth in Section 187.201(25)(a), F.S., and the Policies set forth in Section 187.201(25)(b)7. B. Recommended remedial action. These inconsistencies may be remedied by revising the Amendments as described above in Section I. 8 ..- " --,~- ..,.,w>~ "'-~'-"'--"'- --~ ---" ,--,.,." -- 17A CONCLUSIONS 1. The Amendments identified above are not consistent with the State Comprehensive Plan; 2. The Amendments identified above are not consistent with Chapter 9J-5, F.A.C.; 3. The Amendments identified above are not consistent with the requirements of Chapter 163, Part II, F.S.; 4. The Amendments identified above are not "in compliance," as defined in Section 163.3184(1)(b) F.S.; and" 5. In order to bring the Amendments into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this 19th day of May 2009, at Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, F)orida 32399 9 _rl_ ^-....,' -. -"-~~." ' ..0".... IO!II;III, 4 _.., ....IM" """"'...'......."'"".-,-~,<.- ....... ._~.,~., "MM"_'~ -- 17A CONCLUSIONS 1. The Amendments identified above are not consistent with the State Comprehensive Plan; 2. The Amendments identified above are not consistent with Chapter 9J-5, F.A.C.; 3. The Amendments identified above are not consistent with the requirements of Chapter 163, Part II, F.S.; 4. The Amendments identified above are not "in compliance," as defined in Section 163.3184(1)(b) F.S.; and, . 5. In order to bring the Amendments into compliance. the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Ex~ukd Ws l~h ooy of May :;;(j7}:;;d~ Mike McDaniel. Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 9 ~-.,. ".-. -""-"_.",..,..".~...,......,,,'- _ 1JI1'~V"'W17 '1IiI~"""""''''''''''' ",.,.,._-,,~ ..~"...",..._._~.,.~,--- Exhibit B 17A Collier County shall adopt a remedial plan amendment to Capital Improvements Element Objective 2 and Policy 5.4 of the Collier County Growth Management Plan to delete the words shown in strike-through below: OBJECTIVE 2 (FINANCIAL FEASIBILITY): Provide public facilities, as described in Polley 1.1 above, in order to maintain adopted level of seNtee standards that are within the ability of the County to fund, 9f within the County's authority to require others to provide, or as provided by the School District within their financially feasible Flve- Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 ef each year. AAV aM QM. Ii" site i....BF'.J."'~t. 888.8Iat.. witA Fli','J i~AliI81. aR. S8A811 8Jtlil8RailAI !iAill lie t~8 8.18 rS81i18A8iltili\y II tAl Celli., C'WAW iiRIII ilar~ wAI.n Celli" CewRtf;1 8A" tAl Celli., C8WAW i.Ralliear" airel" SA ah,rRi'WI NRSiR, ....18....aAi8Ml With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility Improvements necessitated by growth. Future developmenfs payments may take the form of. but are not limited to, voluntary contributions for the benefit of any publiC facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. (IX) Policy 5.4: The concurrency requirement of the Public School Facilities level of service standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary ,a,itst facilities and services. iRslw.i"', reiwiait, 8ff eit. iAil iii r.'Is.... SR.. are In place at the time a final site development plan. final plat or functional equivalent Is approved; or B. The necessary Qa,it.t facilities and seNtces. iA8Iw..IR, reftwilitl Iff litl i....BF8':I....IAte~ are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan, ell final plat or functional equivalent; or C. The necessary .11.1 facilities and seNtcear iA81.."i",. F..wleit. eff sit. i~.rl'JI""8A", are found In the first, second or third year of the School District of Collier County's financially feasible Five- Year Capital Improvement Plan, as identified in Policy 4.2, and as formally adopted by the School Board between July 1 and October 1 each year. and as adopted by reference by December 1 of each year, at the time a final site development plan, final plat or functional equivalent is approved; or D. The necessary ~ facilities and servicesr ~ei"","~wiiit8 8ft' aitl ifllBF8'Jefll8AMh are the subject of a binding commitment with the developer to contribute proportionate share funding as provided for In Policy 2.4 of the Public School Facilities Element, if applicable, or to construct the needed facilities. .-....,......- -,~.,..,~~._.~., ...".-......- ~.. , .... _,",,~, ._~".,._..~..".._.M..._~~,_ -~."---~----