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Agenda 08/09/2016 (In Absentia) Item #12A08/09/2016 EXECUTIVE SUMMARY Recommendation to adopt a Resolution relating to Ordinance No. 2016-06, which established a temporary moratorium for charter schools within all commercial, residential and estates zoned properties, to reaffirm the Board’s intent that the temporary morator ium shall remain in effect until September 22, 2016. OBJECTIVE: To adopt a Resolution relating to Ordinance No. 2016-06, which established a temporary moratorium for charter schools within all commercial, residential and estates zoned properties, to reaffirm the Board’s intent that the temporary moratorium shall remain in effect until September 22, 2016. CONSIDERATIONS: At its March 22, 2016 regular BCC meeting (Item 17B), the Board adopted Ordinance No. 2016-06, which implemented a six month moratorium on all new applications for development orders for new charter schools in all commercial, residential and estates zoning districts. According to the Ordinance, the temporary moratorium is to remain in effect for six months following enactment of the Ordinance. In conjunction with the temporary moratorium, the Board 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 commercial, residential and estates zoning districts. Staff prepared an amendment to the Land Development Code relating to charter schools as part of the 2015 Cycle 2 LDC Amendments. The amendment requires two advertised BCC public hearings. The first hearing was original scheduled for June 28, 2016, with the adoption hearing scheduled for July 12, 2016. However, the Board continued the first hearing to July 12, 2016, thus delaying the second hearing until September 13, 2016, following the Board’s summer vacation. Subsequent to the July 12, 2016 hearing, the County has received inquiries from the public regarding the expiration date of the temporary moratorium. As such, the Board wishes to clarify its intent that the temporary moratorium shall remain in effect until September 22, 2016, which is six months following enactment of Ordinance No. 2016-16. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Section Two of Ordinance No. 2016-06 provides that the “Board of County Commissioners hereby places a temporary moratorium…for six months following the enactment of [the] Ordinance.” In accordance with Florida Statutes Section 125.66, an ordinance is enacted on the date it is approved by the Board at an advertised regular or special meeting. Therefore, it is the opinion of the County Attorney’s office that the temporary moratorium will remai n in effect until September 22, 2016, six months following the Board’s approval of Ordinance No. 2016-06. 12.A Packet Pg. 84 08/09/2016 This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: That the Board adopt a Resolution relating to Ordinance No. 2016-06, which established a temporary moratorium for charter schools within all commercial, residential and estates zoned properties, to reaffirm the Board’s intent that the temporary moratorium shall remain in effect u ntil September 22, 2016. Prepared By: Heidi Ashton-Cicko, Managing Assistant County Attorney, and Scott A. Stone, Assistant County Attorney ATTACHMENT(S) 1. Ordinance 2016-06 Charter School Moratorium (PDF) 2. Revised Resolution - Charter School Moratorium (PDF) 12.A Packet Pg. 85 08/09/2016 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Item Summary: Recommendation to adopt a Resolution relating to Ordinance No. 2016- 06, which established a temporary moratorium for charter schools within all commercial, residential and estates zoned properties, to reaffirm the Board’s intent that the temporary moratorium shall remain in effect until September 22, 2016. Meeting Date: 08/09/2016 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 08/08/2016 12:32 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/08/2016 12:32 PM Approved By: Review: County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2016 2:09 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/08/2016 2:13 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 08/08/2016 3:11 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/09/2016 9:47 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/09/2016 4:24 PM Board of County Commissioners MaryJo Brock Meeting Pending 08/09/2016 12:00 AM 12.A Packet Pg. 86 ORDINANCE NO.2016-0 6 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. 1 12.A.a Packet Pg. 87 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension) 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,thisZ2rdday of')%c>..4-c}r, ,2016. Br oq+ d ATTES'T,s'`, Vafi ° BO OF COUNTY COMMISSIONERS DWIG -l Ic,.CCERK COLL COUNTY I,ORIDA By. -* By Attest- •; l'-, 4, , 1 gp' 'Cl rk D NNA FIALA,CHAIRMAN signatu -Ors 7 ,/ 4, 9 E4.., Appro -d 4 . 11-fo.u." • legality: 11111111 Jeffrey 7.':'County Attorney This ordinance filed with t .. Secretory of t te's Office the f13rd of Ys Off and acknowledgement of that firi • received this`d day of !:.! 01 , . By IRA , I C I look 2 12.A.a Packet Pg. 88 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension) CO Tt c 'li' 410 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 23, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Deputy 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. 2016-06, which was filed in this office on March 23, 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 • Facsimile: (850) 488-9879 www.dos.state.tl.us 12.A.a Packet Pg. 89 Attachment: Ordinance 2016-06 Charter School Moratorium (1783 : Charter School Moratorium Extension) 12.A.b Packet Pg. 90 Attachment: Revised Resolution - Charter School Moratorium (1783 : Charter School Moratorium Extension)