Agenda 05/12/2020 Item #11F (Emergency/Executive Order)05/12/2020
EXECUTIVE SUMMARY
Recommendation to approve an Emergency/Executive Order allowing for the placement of
additional outdoor seating at restaurants within zoning districts where eating establishments are
permitted uses and, also to allow for additional outdoor seating for restaurants located within
certain Planned Unit Developments where outdoor seating is not currently allowed.
OBJECTIVE: To approve an Emergency/Executive Order allowing restaurant establishments the ability
to add outdoor seating, providing them the opportunity to serve the approved capacity of patrons, until the
Governor allows restaurants to operate at 100% capacity.
CONSIDERATIONS: Executive Order 20-52 issued by Governor DeSantis on March 9, 2020, declared
a state of emergency for the State of Florida pursuant to Chapter 252 of Florida Statutes. Effective March
20, 2020, all seating areas of restaurants were directed to be closed, allowing only take -out service. On
April 29, 2020, Executive Order, 20-112 was issued by Governor DeSantis, stating that restaurants and
food establishments may reopen, with limitations, effective May 4, 2020. Executive Order 20-112
establishes that restaurants may occupy up to 25% of the originally permitted building occupancy and that
outdoor seating is permissible, so long as the Center for Disease Control (CDC) guidelines for 6 feet of
separation between customer dining areas is maintained.
The Collier County Land Development Code (LDC), section 5.04.00, allows for temporary use of
vehicular use areas for businesses to utilize through a temporary use permit, where the approved zoning is
in place. However, temporary use permits limit activity to no more than fourteen days per temporary use
permit. Additionally, this activity is not permitted in some Planned Unit Developments (PUDs) or areas
of the County where outdoor dining is explicitly prohibited.
To further promote economic recovery while adhering to CDC social distancing guidelines, staff is
requesting that the Board approve an Emergency/Executive Order that allows the issuance of temporary
use permits to legally permitted restaurants, consistent with the LDC, for a defined extended time period,
and to include properties where outdoor dining is prohibited or more restrictive than the LDC. Permit
applications for outdoor dining for these restaurants will be submitted to the Growth Management
Department and there will be no application or review fees from Collier County.
FISCAL IMPACT: There is no Growth Management Fiscal Impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires super-majority vote for approval. -JAK
RECOMMENDATION: Approve an Emergency/Executive Order that allows for the placement of
additional outdoor seating at restaurants within zoning districts where eating establishments are permitted
uses, to allow for additional outdoor seating for restaurants located within certain developments where
outdoor seating is not currently allowed, and to extend the allowance for outdoor seating until five days
after the State allows restaurants to operate at 100% capacity, or as determined by the Board through the
Temporary Use Permit application process at no charge to the applicant from Collier County.
Prepared by: James French, Deputy Department Head, Growth Management Department
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05/12/2020
ATTACHMENT(S)
1. Outdoor Seating Emergency/Executive Order (RTF)
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05/12/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F
Doc ID: 12351
Item Summary: Recommendation to approve an Emergency/Executive Order allowing for the
placement of additional outdoor seating at restaurants within zoning districts where eating establishments
are permitted uses and, also to allow for additional outdoor seating for restaurants located within certain
Planned Unit Developments where outdoor seating is not currently allowed. (Jamie French, Deputy
Growth Management Department Head)
Meeting Date: 05/12/2020
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
05/06/2020 1:40 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
05/06/2020 1:40 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 05/06/2020 1:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2020 1:57 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/06/2020 3:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM
11.F
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[YY-1939/1530657/1]Page 1 of 2
EMERGENCY/EXECUTIVE ORDER NO. 2020 - ____
AN EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, WAIVING ANY
AND ALL ZONING AND OTHER LAND USE LAND REQUIREMENTS
WITH RESPECT TO OUTDOOR SEATING AT RESTAURANTS AND
FOOD ESTABLISHMENTS, AND AUTHORIZING THE COUNTY
MANAGER, UTILIZING THE TEMPORARY USE PERMIT PROCESS,
TO ALLOW OUTDOOR SEATING IN AN APPROPRIATE MANNER ON
A CASE-BY-CASE BASIS, AND TO WAIVE FEES ASSOCIATED WITH
ANY SUCH APPLICATION WITH RESPECT TO OUTDOOR SEATING.
WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly
from person to person, which may result in serious illness or death, and which constitutes a clear
and present danger to the health, welfare and safety of the citizens of Collier County; and
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency
as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20-
52, declaring a State of Emergency as a result of COVID-19, which has been supplemented by
subsequent Executive Orders all relating to the threat of COVID-19, which Orders are
incorporated herein; and
WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County,
Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to
COVID-19 for all territory within the legal boundaries of Collier County; and
WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order 20-112,
which provided in part as follows:
“Restaurants and food establishments licensed under Chapters 500 or 509, Florida
Statutes, may allow on-premises consumption of food and beverage, so long as
they adopt appropriate social distancing measures and limit their indoor
occupancy to no more than 25 percent of their building occupancy. In addition,
outdoor seating is permissible with appropriate social distancing. Appropriate
social distancing requires maintaining a minimum of 6 feet between parties, only
seating parties of 10 or fewer people and keeping bar counters closed to seating.”
WHEREAS, the Board of County Commissioners wishes to implement this provision on
a local basis, irrespective of the underlying zoning, pursuant to the same process and
considerations in issuing a temporary use permit as set forth in Article 5.04 of the Collier County
Land Development Code.
11.F.1
Packet Pg. 126 Attachment: Outdoor Seating Emergency/Executive Order (12351 : Emergency Order Outdoor Seating)
[YY-1939/1530657/1]Page 2 of 2
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.The County Manager is hereby authorized to issue a temporary use permit
for outdoor seating at restaurants, irrespective of the underlying zoning or other land
use restrictions, pursuant to the same process and considerations in issuing a
temporary use permit as set forth in Article 5.04 of the Collier County Land
Development Code and consistent with the Governor’s Executive Order 20-112, as
amended from time-to-time. No fees shall be charged for any application for such a
permit.
2.Effective Date; Duration. This Order shall be effective immediately and shall
remain in full force and effect until five days after the State of Florida permits restaurants and
food establishments to operate at 100% of their building occupancy.
3.This Order is limited to the unincorporated areas within Collier County.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
___ day of May, 2020.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________By: ________________________________
, Deputy Clerk BURT L. SAUNDERS, Chairman
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow, County Attorney
11.F.1
Packet Pg. 127 Attachment: Outdoor Seating Emergency/Executive Order (12351 : Emergency Order Outdoor Seating)