Agenda 02/23/2016 Item #11C 2/23/2016 11.C.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back to the Board an
ordinance that will implement a six month moratorium on new applications for development orders
for new charter schools in all commercial,residential and estates zoning districts,and direct staff to
develop and bring forward Growth Management Plan and Land Development Code amendments
regarding the process for charter schools to be developed within all commercial, residential and
estates zoning districts.
Note by County Attorney: Approval of this item will immediately commence the moratorium
period pending future Board action on the Ordinance.
OBJECTIVE: To direct the County Attorney to advertise and bring back to the Board an
ordinance that will implement a six month moratorium on new applications for development
orders for new charter schools in all commercial, residential and estates zoning district, while
staff prepares and vets Growth Management Plan and Land Development Code amendments
with the public and through the County's advisory boards.
CONSIDERATIONS: The proposed amendment will examine the intensity, compatibility, and
land use effects of charter schools within all commercial,residentially and estates zoned districts.
The analysis is relevant based on the current process provided by the GMP and LDC for charter
schools which does not permit surrounding property owners the opportunity to influence the
compatibility of the charter school facility related to noise, glare, traffic generation and other
external site impacts. Public schools are permitted uses in all commercial, residential and estates
zoned properties and as such, only administrative Site Development Plan review is required to be
satisfied for a new facility to be developed. Pursuant to Section 1002.33, Florida Statutes, "All
charter schools in Florida are public schools."At the January 26th BCC public hearing, the Board
directed staff to initiate a stay on future public schools, while the process for new school
development is analyzed by staff.
Currently, public schools that are owned and operated by the Collier County District School
Board are subject to the educational facility site selection process set forth in Sections 1013.33
and 1013.36, Florida Statutes, and the Interlocal Agreement for Public School Facility Planning
and School Concurrency dated October 14, 2008 between the Collier County Board of County
Commissioners, Florida and The District School Board of Collier County, Florida. Most charter
schools are privately owned and operated and are not subject to these requirements. Therefore,
there is a need to address the process for developing charter schools in all commercial,
residential and estate zoned districts through Growth Management Plan and Land Development
Code amendments. Public schools that are owned and operated by The District School Board of
Collier County are not included in this moratorium because of potential conflicts with state law
and impairment of contract issues.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land
development code amendments.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Policy 5.14 of the Future Land Use
Element (FLUE) states that public schools are permitted by right in any commercial, residential
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or Estates zoning district. Any change to this process, such as making charter schools follow a
different process than that of a public school, would require an amendment to the GMP.
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 development orders seeking approval of charter
schools within residentially or estates zoned districts until the Growth Management and Land
Development Code ordinance amendments are heard by the Board.
It is my opinion that changes to the GMP are likely unnecessary, and that a minor change to the
LDC requiring Charter Schools to adhere to the same development requirements that the Collier
Public Schools currently have may be sufficient. If so, the moratorium period will likely be far
less than 6 months.
With that said, this item is approved as to form and legality. A majority vote is needed for
approval of County Attorney and staff direction. However, an affirmative vote of four is needed
for the potential future growth management plan and the land development code amendment.
-JAK
RECOMMENDATION: To 1) Direct the County Attorney to advertise and bring back to the
Board an ordinance that will implement a six month moratorium on new applications for
development orders for new charter schools in all commercial, residential and estates zoning
districts, and (2) Direct staff to develop and bring forward Growth Management Plan and Land
Development Code amendments regarding the process for charter schools to be developed within
residential and estates zoning districts
Prepared by: Mike Bosi,AICP, Director, Department of Planning and Zoning Services and
Jeffrey A. Klatzkow, County Attorney
Attachments: Exhibit"A"—Ordinance
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2/23/2016 11.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to direct the County Attorney to advertise and bring back to
the Board an ordinance that will implement a six month moratorium on new applications for
development orders for new charter schools in all commercial, residential and estates zoning districts,
and direct staff to develop and bring forward Growth Management Plan and Land Development Code
amendments regarding the process for charter schools to be developed within all commercial,
residential and estates zoning districts. Note by County Attorney:Approval of this item will immediately
commence the moratorium period pending future Board action on the Ordinance. (Mike Bosi, Planning
and Zoning Division Director)
Meeting Date: 2/23/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
2/17/2016 11:31:21 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
2/17/2016 11:31:23 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 11:37:47 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/17/2016 11:39:08 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 2/17/2016 1:32:19 PM
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2/23/2016 11.C.
ORDINANCE NO. 2016-
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 FOR CHARTER
SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND
ESTATES ZONED PROPERTIES; PROVIDING FOR NON-INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, public schools are currently a permitted use within all commercial,
residential and estates zoned districts; and
WHEREAS, pursuant to Section 1002.33, Florida Statutes, "All charter schools in Florida
are public schools;"and
WHERAS, charter schools are not subject to the educational facility site selection process
set forth in Sections 1013.33 and 1013.36, Florida Statutes and the Interlocal Agreement for
Public School Facility Planning and School Concurrency dated October 14, 2008 between the
Collier County Board of County Commissioners, Florida and The District School Board of Collier
County, Florida; and
WHEREAS,based on the lack of a current site selection process for charter schools in the
Collier County Growth Management Plan and Land Development Code, property owners near
new charter schools have no voice or recourse when such development negatively impacts noise,
glare, traffic generation and other negative site impacts to their homes and businesses; and
WHEREAS, the Board of County Commissioners wishes to develop Growth
Management Plan and Land Development Code Amendments which would protect not only the
property interests of charter schools,but also the property rights of those which may be adversely
impacted by such development; and
WHEREAS, the Board of County Commissioners has directed staff to study and evaluate
this issue; and to bring back to the Board proposed amendments to the Collier County Growth
Management Plan and Land Development Code; and
WHEREAS, the Board of County Commissioners 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 for charter schools concerning all commercial, residential and estates
zoned properties; 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.
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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 concerning all
commercial, residential and estates zoned properties with respect to Charter Schools 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 of a charter school. 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.
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 THREE: 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 FOUR: EFFECTIVE DATE. This Ordinance shall be effective February 23, 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 day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
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