Agenda 09/15/2009 Item #17B
Agenda Item No. 178
September 15. 2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to have the Board of County Commissioners review and adopt an
Ordinance for a Remedial Amendment to the Capital Improvement Element of the Growth
Management Plan, as set forth in a Compliance Agreement between the Florida
Department of Community Affairs and Collier County (Companion Item to 17 A).
OBJECTIVES:
For the Board of County Commissioners (BCC) to review and adopt an Ordinance for a remedial
amendment relating to public schools in the Capital Improvement Element (CIE) of the Collier
County Growth Management Plan (GMP) as set forth in a Stipulated Settlement Agreement
(Compliance Agreement) between the Florida Department of Community Affairs (DCA) and
Collier County - and approve its transmittal to the Department of Community Affairs.
Together, the Ordinance for the remedial CIE amendment along with its companion Compliance
Agreement, restore the Growth Management Plan to being "In Compliance".
CONSIDERATIONS:
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On February 24,2009, the BCC adopted its annual update to the Capital Improvement Element
by Ordinance No. 09-07. Amended CIE materials were transmitted to the DCA for their review,
and on May 19, 2009, they rendered a Notice of Intent (NOI) and a Statement of Intent (SOl) to
find certain ClE amendments relating to public schools not in compliance. The Notice of Intent
was duly published in the Naples Daily News on May 20, 2009.
Provided with this Executive Summary are copies of the materials to be transmitted to the DCA,
and include the Ordinance adopting the remedial amendment, and "Exhibit A" - the strike-
through/underline CIE version [as an attachment to the Ordinance].
As noted in the companion to this item (Item 17 A), this ordinance along with the remedial CIE
amendment will remedy all inconsistencies between the Public Schools Facilities Element, the
Capital Improvement Element and the Inter-local Agreement previously entered into between the
BCC and School District. Stated succinctly, the inconsistencies cited had to do with funding for
of site improvements associated with the construction of new schools. This agreement merely
aligns the CIE with the Public Schools Facilities Element of the GMP and the Inter-local
Agreement recently approved by the Board. The issues related to off site improvements will still
need to be addressed through the adoption and implementation of a new School Board Review
(SBR) Process between Collier County and the District School Board of Collier County. The
temporary absence of a School Board Review Process is not overly problematic as there are no
major public school facility improvements identified in the District School Board's Five-Year
Capital Improvement Program.
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Agenda Item No. 178
September 15, 2009
Page 2 of 9
In its Statement of Intent, the DCA identified the issues of inconsistency and recommended
specific action to the County with respect to remedying these inconsistencies, stating, "Delete
the amendments to Objective 2 and Policy 5.4 from the Comprehensive Plan." These deletions
clarify that any future offsite improvements for future schools will be done in accordance with
the Inter-local Agreement that the BCC has previously entered into with the School District. The
amendments will also insure that the Public Schools Facilities Element, the Capital Improvement
Element and the aforementioned Inter-local Agreement are consistent with each other. Finally,
adopting the remedial amendment will allow the County to avoid a potential costly
Administrative Hearing. Pursuant to DCA's recommendation and after consultation with Collier
County School District staff, proposed remedial amendments have been drafted for the CIE.
These issues are addressed by the DCA in the Compliance Agreement to be approved by the
. BCC along with the remedial CIE amendments. All remaining CIE amendments adopted
pursuant to Ordinance 09-07 to be "In Compliance".
FISCAL IMPACT:
There is very little potential that fiscal impacts to Collier County could result from these
proposed remedial CIE amendments during the five-year CIE Schedule of Capital
Improvements. No new public school facilities are scheduled for development and construction
during this time period. Therefore, the likelihood that the County would realize any potential
fiscal impact is highly improbable.
GROWTH MANAGEMENT IMPACT:
The purpose of this hearing is to adopt certain amendments to the CIE as a remedial amendment
to the Collier County Growth Management Plan, Ordinance 89-05, as amended, pursuant to the
Compliance Agreement with DCA, approved by the BCC on this date arid executed by all parties
by accordingly.
This remedial CIE amendment represents a solution resolving the DCA's finding of Not in
Compliance However, a gap in the site specific school review process will exist until the
adoption and implementation of a new School Board Review Process between Collier County
and the District School Board of Collier County. Fortunately, this is a local matter not subject to
State scrutiny and will be mutually agreed upon by the BCC and School Board.
LEGAL CONSIDERATIONS:
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The DCA has found a portion of the County's CIE in non-compliance. The proposed Stipulated
Settlement Agreement will resolve the issue. The DCA has already signed the Agreement. Once
the DCA-signed A!:,rreement has been approved by the BCC, the Board may, at this same
meeting, proceed with the Ordinance for the remedial CIE amendment. When the remedially
amended CIE is found "In Compliance" by the DCA, the Florida Department of Administrative
Hearings (DOAH) case will be dismissed. This item is not quasi-judicial and as such, ex parte
disclosure is not required. This item requires a majority vote only. (STW)
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Agenda Item No. 178
September 15, 2009
Page 3 of 9
RECOMMENDA TION:
That the Board of County Commissioners adopt the Ordinance for these modified portions of the
Capital Improvement Element as a remedial amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as amended.
PREPARED BY: Corby Schmidt, Alep, Principal Planner
Comprehensive Planning Department
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Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. 178
September 15, 2009
Page 4 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
A Recommendation to Review and Adopt an Ordinance for a Remedial Amendment relating
to public schools in the Capital Improvement Element of the Growth Management Plan,
Ordinance No. 89-05, as amended, as set forth in a Compliance Agreement between the
Florida Department of Community Affairs and Collier County. (Companion item to 17A)
9/15/2009 9:00:00 AM
Prepared By
Corby Schmidt
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Comprehensive Planning
7/30/2009 1 :30:06 PM
Randall J. Cohen
Community Development &
Environmental Services
Comprehensive Planning Department
Director
Date
Approved By
Comprehensive Planning
8/13/2009 2: 27 PM
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
8/20/2009 11 :23 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
8/20/2009 4: 12 PM
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Approved By
Attorney's Office
8/20/20094:51 PM
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
8/21/20092:52 PM
Approved By
David Weeks, AICP
Community Development &
Environmental Services
Chief Planner
Date
Comprehensive Planning
8/26/2009 10:21 AM
Approved By
Joseph K. Schmitt
Community Development &
Community Development &
Environmental Services Adminstrator
Date
Community Development &
8/27/20092:49 PM
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Agenda Item No. 178
September 15, 2009
Page 5 of 9
Environmental Services
Environmental Services Admin.
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/27/20093:22 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
8/27/20094:38 PM
Approved By
Leo E. Ochs, Jr.
Soard of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/4/20093:00 PM
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Agenda Item No. 178
September 15, 2009
Page 6 of 9
ORDINANCE NO. 09-_
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
PROVIDING FOR A REMEDIAL AMENDMENT RELATING TO PUBLIC
SCHOOLS IN THE CAPITAL IMPROVEMENT ELEMENT; PROVJD1NG
FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on February 24, 2009, through the adoption of Ordinance No. 09-07 Collier
County adopted its annual amendment to the Capital Improvement Element of the Growth
Management Plan; and
WHEREAS, on May 19, 2009, the Department of Community Affairs (DCA) issued its
Notice of Intent and Statement of Intent to find a portion of the County's annual amendment to
the Capital Improvement Element, Ordinance No. 09-07, "not in compliance" as defined by
Section 163.3184(1)(b), Florida Statues; and
WHEREAS, pursuant to Subsection 163.3184(16), Florida Statutes, the DCA and Collier
County Board of County Commissioners entered into a Compliance Agreement on September
15, 2009 to resolve issues raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement remedial amendments to the Capital
Improvement Element of the Growth Management Plan have been prepared for consideration
and adoption by the Collier County Board of County Commissioners; and
c-
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold a public hearing concerning the adoption of the
Remedial Amendment, including the following: the Collier County Executive Summary; and
other documents, testimony and information presented and made part of the record at the
meeting of the Collier County Board of County Commissioners held on September 15,2009; 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:
SECTION ONE: ADOPTION OF A REMEDIAL AMENDMENT TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN
The Board of County Commissioners hereby adopts the Remedial Amendment to the
Capital Improvement Element of the Growth Management Plan in accordance with Section
163.3184, Florida Statutes. The relevant portions of the Capital Improvement Element affected
by this amendment are attached hereto as Exhibit "A" and is incorporated by reference herein.
Agenda Item No. 17B
September 15, 2009
Page 7 of 9
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 this Remedial Amendment to the CAPITAL IMPROVEMENT
ELEMENT shall be the date a final order is issued by the Department of Community Affairs or
Administration Commission finding the Element in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. No development orders, development
permits, or land uses dependent on a portion of this Element 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 Department of
Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee,
Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this 15th day of September, 2009.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
BY:
DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief s{.,.) lli
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Agenda Item No. 17B
September 15, 2009
Page 8 of 9
Exhibit A
OBJECTIVE 2 (FINANCIAL FEASIBILITY):
Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service
standards that are within the ability of the County to fund, 9F within the County's authority to require
others to provide, or as provided by the School District within their financially feasible Five-Year
Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 ef
each year. .A.R'.' aRI;I all 8ft site ir:r::u:m,.,,'8FR61FltS' a8s88;at81;1 witR Rev: 88R8els BRI;I 88R881 8J{I!lGlFlSi8R8
sRall Ise tR8 8@le r8s8@Flsilsilit: 8f tRe C811ier Cal,jRP-: lief:l8al Saara llIRless C811ier CBIoIRl': BR€I tA8
Cellier CeIolRP,' li@J;Hi~ell!h,;)aFEI riillll~8 t8 G1Fl gltQrFlQti':e fl,jRQiRIlI mQ8Ri!lr9iSR:l. With the exception of public
school facilities, existing public facility deficiencies measured against the adopted level of service
standards will be eliminated with revenues generated by ad valorem taxes and other
intergovernmental revenues received based on economic activity. Future development will bear a
proportionate cost of facility improvements necessitated by growth. Future development's payments
may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility,
impact fees, dedications of land, provision of public facilities, and future payments of user fees,
special assessments and taxes.
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Policy 5.4:
A. The necessary ~ facilities and services, iR811l1€1iR~ F8l!1l,jisite 8ft site iml!lr@l,.'eR'leRts, are in
place at the time a final site development plan, final plat or functional equivalent is approved; or
B. The necessary ~ facilities and services, iJXIQlw€liR'l reGll,jisit8 eft sih? iR:l9~'}emeFlt8, are under
construction or the contract for such facilities and services has been awarded, accepted. and duly
executed by all parties at the time a final site development plan, final plat or functional equivalent; or
C. The necessary ~ facilities and services, iR81l,j€liR~ rel!ll,jisite 8ft site i~9rel,'eFRGlRt8. are found
in the first, second or third year of the School District of Collier County's financially feasible Five-Year
Capital Improvement Plan, as identified in Policy 4.2, and as formally adopted by the School Board
between July 1 and October 1 each year, and as adopted by reference by December 1 of each year,
at the time a final site development plan, final plat or functional equivalent is approved; or
D. The necessary ~ facilities and services, iRsl""G1il"ll!l reElwisite 9ff site iFRsre\'eFR8Rts. are the
subject of a binding commitment with the developer to contribute proportionate share funding as
provided for in Policy 2.4 of the Public School Facilities Element, if applicable, or to construct the
needed facilities.
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NOTICE OF INTENT TO CONSIDER
COMPLIANCE AGREEMENT
Notice is hereby given that on Tuesday, September
15, 2009, in the Boardroom, .3rd Floor, W. Harmon
Turner Building' (Bldg. F), Collier County Govern-
ment Center, 3301 E. Jainiami Trail, Naples, Florida
the Board of County Commissioners will hold a
public hearing to consider a Compliance Agree-
ment between the Florida Department of Communi-
ty Affairs and Collier County, Florida:
The purpose of the hearing is to consider a Compli-
ance Agreement between the Florida Department
of Community Affairs and Collier county, Florida,
by setting forth a proposed remedial, amendment
to the Capital Improvement Elementaf the ,Growth
Management Plan in response to the, Department
of Community Affairs' Statement of Intent to flnd
the Comprehensive Plan Amendment adopted by
Ordinance Number 2009-7 not in compliance, issued
in May 2009. The Agreement title is as follows:
A COMPLIANCE AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND COL-
liER . COUNTY, FLORIDA, SETTING FORTH A PRO-
POSED REMEDIAL AMENDMENT TO THE CAPITAL IM-
PROVEMENT ELEMENT OF THE GROWTH MANAGE"
MENT PLAN RELATING TO PUBliC SCHOOLS, IN RE-
SPONSE TO THE DEPARTMENT OF COMMUNITY AF~i
FAIRS' STATEMENT OF INTENT TO FINO THE AMEND-,
MENT TO THE CAPITAL IMPROVEMENT ELEMENT OF
THE GROWTH MANAGE.f\-1EN,T PLAN, ADOPTED BY
ORDINANCE NO. 2009-7;.''NOT IN COMPLIANCE, IS-
SUED IN MAY 2009, .
All interested parties are invited to appear and be
heard. Copies of the proposed Compliance Agree-
ment are available for inspection at the Collier
County' Clerk's Office, 4th, floor" Administration
Building, Collier County Government Center, East
Naples, Florida; and at Comprehensive Planr:'linp
Department, 2800 N. Horseshoe' Drive, Naples. Fion-
da between the hours of ,'8:00 A.M; and 5:00 P.M.;
Monday through Friday. Any questions pertaining",
to these documents should be directed to the Com-
prehensive Planning!: Department. Written. com-
ments flied with the Clerk to the Board's Office prr-;
or to September 15;' 2009, will be read and' consid-
ered atthe public hearing. " .
If a perso'n decides tei'appeal any decision made by
the Board of County Commissioners with respect to
any matter considered at such meeting or hearing,
he will need a record of that proceeding, and for
such purpose he may need to ensure that a verba-
tim record of the proceedings is made,''which re-
cord includes the testimony and evidence upon
which the appeal is to be based.
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If .you are a person with disability' who needs any
accommodation in order to partiCipate in this pro-
ceeding, you are entitled, at no cost to you, to the
provision of certain assistance; Please contact, the
Collier County Facilities Management Dep'art[11ent,
located at 3301 Tamiami Trail East, BUlldingW,
NaRles,' Florida 34112, (239) 252-8380. Assisted_lis-
tening devices for the hearing impaired are avail-
able In the County Commissioners' Office. ;ii"
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: ' Martha Vergara,
Deputy Clerk (SEAL)
Seotember 4.9. 2009
No181321S
Agenda Item No. 178
September 15, 2009
Page 9 of 9