Agenda 03/22/2016 Item #17B 3/22/2016 17.B.
EXECUTIVE SUMMARY
Recommendation to adopt 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, during which time staff will 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: This moratorium period commenced when the Board authorized
advertisement of the proposed Ordinance at its February 23,2016 Regular Meeting(Item 11C).
OBJECTIVE: To adopt 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: At its 2/23/16 Regular Meeting (Item 11C) the Board directed the
County Attorney to advertise and bring back 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. The Board also directed 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.
The proposed amendments will examine the intensity, compatibility, and land use effects of
n 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.
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FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land �.
development code amendments. The cost to advertise the proposed Ordinance was $399.03.
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
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.
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 adopt the attached 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.
Prepared by: Mike Bosi,AICP,Director, Department of Planning and Zoning Services and
Jeffrey A. Klatzkow, County Attorney
Attachments:
1. Exhibit"A"—Ordinance
2. Legal Advertisement
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3/22/2016 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
Item Summary: Recommendation to adopt 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, during which time staff will 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:
This moratorium period commenced when the Board authorized advertisement of the proposed
Ordinance at its February 23, 2016 Regular Meeting(Item 11C).
Meeting Date: 3/22/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
2/26/2016 11:37:54 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
2/26/2016 11:37:56 AM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/10/2016 3:50:11 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/10/2016 3:58:14 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/15/2016 10:59:44 AM
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3/22/2016 17.B.
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 3/15/2016 12:46:38 PM
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3/22/2016 17.B.
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
Appro :-d111. I. f•u' legality:
141A
Jeffrey ! .�!'1 ,County Attorney
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NAPLES DAILY NEWS a Wednesday, March 2,2016 a 27D
Public Notices Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday,March 22,2016, in the
Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center,3299 Tamiami Trail East,Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Ordinance. The meeting will commence
at 9:00 A.M. The title of the proposed Ordinance is as follows:
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.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection.All interested parties are
invited to attend and be heard.
NOTE:•AIl persons wishing to speak on any agenda item must
register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of any individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, 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 based.
If you are a person with a 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 Division,
located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-
5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn
Deputy Clerk(SEAL)
March 2,2016 No.962002
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