Ordinance 2013-17n
AN 29 4 �e
ORDINANCE NO. 13- 17
AN ORDINANCE AMENDING ORDINANCE NUMBER 89 -05,
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE PUBLIC SCHOOLS FACILITIES ELEMENT To
PROVIDE FOR 2011 EVALUATION AND APPRAISAL -
REPORT (EAR) BASED AMENDMENTS TO THE GROWTH
MANAGEMENT PLAN; BY PROVIDING FOR
SEVERABILITY; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County Growth
Management Plan on January 10, 1989; and
WHEREAS, Collier County has held public hearings to provide for and encourage public
participation throughout the 2011 -12 plan amendment process; and
WHEREAS, Collier County did submit the 2011 -12 Growth Management Plan
amendments to the Department of Economic Opportunity for preliminary review on May 03,
2012; and
WHEREAS, the Department of Economic Opportunity did review and did not make
written objections to the amendments to the Growth Management Plan and transmitted the same
in writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Economic Opportunity to
adopt, adopt with changes or not adopt the proposed amendments to the Growth Management
Plan; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
adoption of the amendments to the Growth Management Plan on October 30, 2012; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the
amendments to the Growth Management Plan on January 8, 2013; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE: ADOPTION OF AMENDMENTS TO THE PUBLIC SCHOOLS
FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendments to the Public
Schools Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this 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 THREE: EFFECTIVE DATE.
The effective date of these plan amendments, if the amendments are not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challenged, these amendments shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance. No development
orders, development permits, or land uses dependent on these amendments may be issued or
commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status, a copy of which resolution shall be sent to the state
land planning agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this day of January, 2013.
ATTEST: NJ"' ,
DWIGHT E.-BROOK.. �CLVRK,
By:
D u leek
itgM�t ��
BOARD OF COUNT COMMISSIONERS
COLD COUNT , FLORIDA
BY: 1
GEONIA A. HILLER, ESQ.
Chairwoman
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Approved as to form and legal sufficiency:
" "i, A—a—,"', ,,
Heidi Ashton -Cicko yti1`�
Managing Assistant County Attorney
Attachment: Exhibit "A"
2011 EAR -BASED ADOPTION - PUBLIC SCHOOLS FACILITIES ELEMENT
Rev. 12/13/12
CP\ 12 -CMP- 00848 \99
This ordinance
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1
filed with the
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Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Public School Facilities Element — to BCC for Adoption 12 -11 -12
GOAL: [Goal provided for contextual purposes only; no change proposed, page 3]
TO PROVIDE FOR COORDINATED PLANNING BETWEEN THE COUNTY AND THE
SCHOOL DISTRICT AND TO ESTABLISH A SCHOOL CONCURRENCY MANAGEMENT
SYSTEM TO ENSURE ADEQUATE SCHOOL CAPACITY IS AVAILABLE TO
ACCOMMODATE ENROLLMENT DEMAND AS IDENTIFIED IN THE SCHOOL
DISTRICT'S FINANCIALLY FEASIBLE FIVE -YEAR CAPITAL IMPROVEMENT PLAN
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OBJECTIVE 2: RESIDENTIAL DEVELOPMENT REVIEW
[Objective provided for contextual purposes only; no change proposed, page 3]
The County, in cooperation with the School District, shall ensure a school concurrency
evaluation is performed on all non - exempt residential development to verify that new students
can be accommodated within the adopted level of service standard established for each school
type as measured within a CSA.
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Policy 2.3: [Deleted text, pages 5 & 6]
The County, through its land development regulations, and in conjunction with the School
District, shall establish a school concurrency review process for all residential development
projects that are not exempt under Policy 2.2 of this Element. The following are the minimum
review process requirements for all non - exempt residential development:
A. Submittal of a residential development application including a School Impact
Analysis (SIA) to the County for sufficiency review.
B. Determination of completeness by the County. If deemed complete, the County shall
transmit the application, including the SIA, to the School District for review.
C. Review of the application, by the School District, for available capacity, and issuance
of a School Capacity Availability Determination Letter (SCADL) within 20 days after
receipt of a complete application from the County.
The School District shall identify the following in the SCADL:
1. Available capacity within the affected CSA.
2. If capacity is not available within the affected CSA, the available capacity within
one or more of the adjacent CSAs. (If the affected CSA does not contain a
particular school type (elementary, middle, high), the adjacent CSAs shall be
evaluated for available capacity.)
3. If capacity is not available in the adjacent CSAs, the School District shall indicate
that the development is not in compliance with the adopted LOSS and offer the
applicant the opportunity to negotiate a mitigation plan within a 90 day period.
Words underlined are added; words strask thMugh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Public School Facilities Element — to BCC for Adoption 12 -11 -12
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Polie3`2.5f [Deleted text, page 6]
Within one (1) year- ffem the eff-eetive date efthe Seheel CeaetwFeney Gr-ewth Management Plan
amendments, the GeufAy shall adept seheel eeneufFene, infe its Land Develepm
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OBJECTIVE 3:
[Objective provided for contextual purposes only; no change proposed, page 7]
The County and the School District will: coordinate the location of public schools with the Future
Land Use Map and map series to ensure that existing and proposed school facilities are located
consistent with existing and proposed residential areas they serve and are proximate to appropriate
existing and future land uses, and serve as community focal points; coordinate the location of
public school facilities relative to the location of other public facilities such as parks, libraries and
community centers to the extent possible; coordinate existing and planned public school facilities
with the plans for supporting infrastructure; establish a monitoring group; and address coordination
on emergency preparedness issues.
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Policy 3.6: [Revised text, page 8]
The County, ' and the School District, shall collaborate with their jointly
appointed Citizen Advisory Group establish a Citizen Advisefy — Gr-eup (GAG) to monitor
planning and school concurrency ift Ce lie Geumy.
G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTSSCC Adoption - EAR -based GMPAsWlementslPSFE_BCC adoptn -
W11 -1 PSFE ExhibRA EAR to BCC forAdoption.docx
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BCC ADOPTION 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -17
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of.
County Commissioners
r.
By: Ann Jennejohn,'
Deputy Clerk