Agenda 12/12/2023 Item #10B (Bring back to the Board an Ordinance that will implement a 12 month moratorium on privately-initiated GM Plan amendment applications for properties located adjacent to Immokalee road)12/12/2023
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that
will implement a twelve-month moratorium on privately-initiated Growth Management Plan amendment
applications for properties located adjacent to (1) Immokalee Road from I-75 east to Oil Well Road, and (2)
Vanderbilt Beach Road from I-75 east to its end, while Growth Management Plan amendments are vetted
with the public and advisory boards.
_____________________________________________________________________________
OBJECTIVE: To direct the County Attorney to advertise and bring back to the Board an ordinance that will
implement a twelve-month moratorium on privately-initiated Growth Management Plan amendment applications
for properties located adjacent to (1) Immokalee Road from I-75 east to Oil Well Road, and (2) Vanderbilt Beach
Road from I-75 east to its end, while Growth Management Plan amendments are vetted with the public and
advisory boards.
CONSIDERATION: For several years, the County has heard privately-initiated rezoning petitions with
companion Growth Management Plan amendments to increase density and intensity beyond what is currently
allowed in the Growth Management Plan. In 2022, there were 7 such petitions. In 2023 , there have been 9
petitions. By adopting case-by-case Growth Management Plan amendments instead of following the County’s
Growth Management Plan, the County is compromising its ability to plan for growth, with transportation being at
the forefront of this issue.
Although the use of Growth Management Plan Amendments to avoid the requirements of the Growth Management
Plan is a countywide issue, I am particularly concerned about future increased traffic on Immokalee Road and
Vanderbilt Beach Road.
If the will of the Board is to increase density along these corridors for affordable housing, amendments to the
Growth Management Plan should facilitate this.
If the moratorium is enacted, property owners will still be able to develop their property under the existing Growth
Management Plan.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: The County can strengthen its role in managing future development by
following its current Growth Management Plan until the County initiates changes to its Growth Management Plan.
LEGAL CONSIDERATIONS: The Second District Court of Appeals adopted the “pending ordinance doctrine”
in the case of Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407. The court
in Smith, supra at 689, stated that an applicant is entitled to a permit under existing regulations only if the
proposed regulation that would preclude the intended use is not “pending” when application is made. A proposed
governmental action is deemed “pending” if there are active and documented efforts by those authorized to develop
and prepare the proposed regulatory change, and the local governing board or planning board is aware of these
efforts. Smith, supra, at 689. In other words, upon approval of this item, staff will no longer accept applications
for new privately-initiated Growth Management Plan amendments for the areas on both sides of Immokalee Road
from CR 951 to the I-75 east and on property on both sides of Vanderbilt Beach Road from CR 951 to the I-75 east,
until the staff-directed Growth Management Plan amendments are heard by the Board.
With that said, this item is approved as to form and legality, and requires majority vote for approval. Please note,
however, that an affirmative vote of four is needed for the potential future Growth Management Plan amendment. -
JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back to the Board an ordinance
10.B
Packet Pg. 604
12/12/2023
that will implement a twelve-month moratorium on privately-initiated Growth Management Plan amendment
applications for properties located adjacent to (1) Immokalee Road from I-75 east to Oil Well Road, and (2)
Vanderbilt Beach Road from I-75 east to its end, while Growth Management Plan amendments are vetted with the
public and advisory boards.
Prepared by: Burt L. Saunders, Commissioner District 3
ATTACHMENT(S)
1. Ordinance; Moratorium (DOCX)
10.B
Packet Pg. 605
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Doc ID: 27434
Item Summary: *** This item to be heard at 1 PM. *** Recommendation to direct the County Attorney to
advertise and bring back to the Board an ordinance that will implement a twelve-month moratorium on privately-
initiated Growth Management Plan amendment applications for properties located adjacent to (1) Immokalee Road
from I-75 east to Oil Well Road, and (2) Vanderbilt Beach Road from I-75 east to its end, while Growth
Management Plan amendments are vetted with the public and advisory boards.
Meeting Date: 12/12/2023
Prepared by:
Title: Management Analyst II – County Manager's Office
Name: Geoffrey Willig
12/06/2023 1:13 PM
Submitted by:
Title: Deputy County Manager – County Manager's Office
Name: Amy Patterson
12/06/2023 1:13 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2023 1:24 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2023 1:29 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/06/2023 3:58 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 4:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
10.B
Packet Pg. 606
[95.0127/1319998/1] 1
ORDINANCE NO. 2024-___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DECLARING AND IMPLEMENTING A
TEMPORARY MORATORIUM, TO SUNSET JANUARY 10, 2025,
UNLESS FURTHER EXTENDED BY THE BOARD, ON PRIVATELY-
INITIATED GROWTH MANAGEMENT PLAN AMENDMENT
APPLICATIONS FOR PROPERTIES ADJACENT TO OR WHICH
DIRECTLY ACCESS IMMOKALEE ROAD FROM I-75 EAST TO OIL
WELL ROAD, AND VANDERBILT BEACH ROAD FROM I-75 EAST TO
ITS END; PROVIDING FOR INTENT; PROVIDING FOR NON-
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at its December 12, 2023, Regular Meeting, the Board of County
Commissioners (Board) raised concerns regarding the proliferation privately-initiated rezoning
petitions with companion Growth Management Plan amendments to increase density and intensity
beyond what is currently allowed in the Growth Management Plan; and
WHEREAS, the Board was particularly concerned with the impact of these Growth
Management Plan amendments on Immokalee Road and Vanderbilt Beach Road, including but
not limited to, growth management planning and transportation impacts; and
WHEREAS, the Board wishes to develop Growth Management Plan amendments along
these corridors for affordable housing; and
WHEREAS, the Board wishes to implement a moratorium on privately-initiated Growth
Management Plan amendment applications for properties located adjacent to Immokalee Road
FROM I-75 east to Oil Well Road, and Vanderbilt Beach Road from I-75 east to its end; and
WHEREAS, property owners will still be able to develop their property under the
existing Growth Management Plan; and
WHEREAS, the Board of County Commissioners finds that this Ordinance is in the best
interests of the County and its residents and promotes the health, safety and welfare of the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: INTENT: The above recitals are hereby adopted as the legislative purpose
of this Ordinance and as the Board’s legislative findings.
SECTION TWO: MORATORIUM: The Board of County Commissioners hereby places a
temporary moratorium (suspension) on all privately-initiated Growth Management Plan
amendment applications for properties located adjacent to or which directly access Immokalee
10.B.1
Packet Pg. 607 Attachment: Ordinance; Moratorium (27434 : GMP Moratorium)
[95.0127/1319998/1] 2
Road from I-75 east to Oil Well Road, and Vanderbilt Beach Road from I-75 east to its end. During
the term of this moratorium, property owners will still be able to develop their property under the
existing Growth Management Plan. Barring further action of the Board, the moratorium will
expire January 10, 2025. The moratorium established by this Ordinance may be terminated early
or extended by adoption of a resolution of the Board of County Commissioners.
SECTION THREE: NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County
Commissioners that this Ordinance not be codified.
SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance
conflicts with any other ordinance of Collier County or other applicable law, the more restrictive
shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective January 10, 2024,
the day the Board of County Commissioners adopted this moratorium.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this ____ day of _____________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk CHRIS HALL, CHAIRMAN
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
10.B.1
Packet Pg. 608 Attachment: Ordinance; Moratorium (27434 : GMP Moratorium)