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Ordinance 2016-13 ORDINANCE NO.2016- 1 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS INVOLVING THE CONVERSION OF LANDS ZONED FOR GOLF COURSE USE; PROVIDING FOR INTENT; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the request of the Board of County Commissioners(Board), staff prepared an analysis of existing golf courses within Collier County and their potential for conversion; and WHEREAS, this analysis identified sixty-five (65) golf courses, totaling approximately 13,539 acres,and noted that ten(10)of these courses,or approximately 1,521 acres,were likely to seek conversion from their current"golf course"zoning; and WHEREAS, the Board wishes to develop Growth Management Plan and Land Development Code amendments regarding issues such as open space analysis, stormwater impacts,and environmental sensitivity related to golf course conversions; and WHEREAS, the Board also wishes to place the public and all parties on notice that it is considering such land development regulations amendments and creating a temporary moratorium on the acceptance, processing and consideration of applications for development orders involving the conversion of lands currently zoned for golf course use; and 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 applications for development orders involving the conversion of lands currently zoned for golf course use for six months following the enactment of this Ordinance. Provided, however, that this moratorium shall not apply to anyone who has previously filed an application for a development order which converts a golf course to another use. For the purposes of this Ordinance, the term "development order" means the same as defined by Section 163.3164, Florida Statutes. The moratorium established by this Ordinance may be extended or terminated early by adoption of an ordinance or a resolution of the Board of County Commissioners. 1 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 April 12, 2016, the day the Board of County Commissioners first took official action to adopt this moratorium in accordance with Smith v. City of Clearwater, 383 So 2d 681 (Florida Second DCA 1980). PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County,Florida,this Itch day of Ho,1 ,2016. •ATTEST:4;1: . . . `1' BOARD OF COUNTY COMMISSIONERS DWICI J BROCK•eLERK COLLIER COUNTY,FLORIDA J By: ftS �-� BY , �� � !� DONNA FIALA,CHAIRMAN Attest as ' -rman s signature only ,y � Appro d a t('form and legality: t Jeffrey • !!4w County . I o' ey 1,11 This ordinance filed with the Secretory of State's Office the '`day of WV et% , 2-2(l0 and acknowledgementP6of1-1 that Min. received this . Iday of & a►I By i1 a SAI�.iiur o.outr j 2 (,.------.\\I 110 -0., ?__ '. % kA ..„ ,.___.„_ 'a we FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State May 13, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-13, which was filed in this office on May 13, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us