Agenda 04/09/2019 Item #16A804/09/2019
EXECUTIVE SUMMARY
Recommendation to hear Land Development Code Amendments at two regularly scheduled
daytime hearings and waive the nighttime hearing requirement.
OBJECTIVE: To present to the Board of County Commissioners (Board) two Land Development Code
(LDC) amendments that change the actual list of permitted and conditional uses within several zoning
districts at two regularly scheduled daytime hearings on Tuesday, May 14, 2019, and Tuesday, May 28,
2019. This waiver requires the Board to waive the nighttime hearing by a supermajority vote.
CONSIDERATIONS: Two LDC amendments were recently directed by the Board which included
proposed changes that amend the actual list of permitted, and conditional uses on land greater than 10
acres within several zoning districts. For such amendments, LDC section 10.03.06 K requires two Board
meetings and at least one hearing shall be held after 5:00 p.m. on a weekday, unless by super majority
vote the Board elects to conduct the hearing at another time of day. The amendments include the
following:
Communication Towers
This amendment was proposed by staff, and Board directed, at the November 13, 2018, Board
meeting. This amendment adds communication towers, an essential service as defined in the
LDC, as a conditional use in the Rural Fringe Mixed Use District (RFMUD) Sending Lands and
the Conservation District (CON). Staff was authorized to process applications for such
communication towers while the zoning change is in progress. Since the Board’s direction, one
Conditional Use petition has been submitted for a cell tower in the RFMUD Sending Lands
(PL20180002327).
The Board direction was limited to the RFMUD Sending Lands, however, during the amendment
review process, a new applicant met with staff to discuss the ad dition of CON districts to the
Amendment.
Plantation Island Overlay
Staff was directed to pursue this amendment at the June 26, 2018, Board meeting after
considering a request from a member of the public (Item 11.A). This amendment adds single-
family homes as permitted uses in the geographic area known as Plantation Island through the
creation of a new overlay zoning district. Staff also evaluated the addition of RVs as a permitted
use in the proposed overlay; however, this change was not widely accepted b y the affected
community and it was determined that allowing RVs would be inconsistent with the Growth
Management Plan (GMP).
Significant public outreach was performed by staff to receive input from the affected community
and several members of the public attended, or submitted comments in advance of, the Collier
County Planning Commission (CCPC) hearing.
Both amendments received recommendations of approval from the Development Services Advisory
Committee (DSAC) and the CCPC.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires an
affirmative vote of four for Board approval. - SAS
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To hold two regularly scheduled daytime hearings to consider LDC
amendments. This option waives the night meeting requirement as provided for in LDC section 10.03.06
K.
Prepared by: Jeremy Frantz, AICP, LDC Manager, Zoning Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 8249
Item Summary: Recommendation to hear Land Development Code Amendments at two regularly
scheduled daytime hearings and waive the nighttime hearing requirement.
Meeting Date: 04/09/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
03/05/2019 4:55 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
03/05/2019 4:55 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/06/2019 10:34 AM
Zoning Michael Bosi Additional Reviewer Completed 03/06/2019 11:04 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/11/2019 9:22 AM
Growth Management Department James C French Deputy Department Head Review Completed 03/14/2019 7:20 PM
County Attorney's Office Judy Puig Level 2 Attorney of Record Review Skipped 03/20/2019 1:58 PM
County Attorney's Office Scott Stone Additional Reviewer Completed 03/20/2019 2:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/20/2019 2:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2019 3:13 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/21/2019 9:47 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/30/2019 1:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
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