Agenda 01/11/2022 Item #16A19 (Waiving the nighttime hearing requirements for two LDC Amendments)01/11/2022
EXECUTIVE SUMMARY
Recommendation to hear a Land Development Code Amendment (LDC) at two regularly scheduled
daytime hearings and waive the nighttime hearing requirement.
OBJECTIVE: To waive the requirement to hold a nighttime hearing and present to the Board of County
Commissioners (Board) an LDC amendment relating to changes in the Bayshore Gateway Triangle
Community Redevelopment Area (BGTCRA) at two at two regularly scheduled daytime hearings on
January 25, 2022, and February 8, 2022.
CONSIDERATIONS: This is a proposed amendment that modifies the list of permitted and conditional
uses and changes the Official Zoning Atlas maps in the BGTCRA.
The Board adopted two ordinances (Ord. 2000-87 and Ord. 2000-92) establishing the Bayshore/Gateway
Triangle Overlay in the GMP and the Bayshore Drive Mixed Use Overlay District (BMUD) in the LDC.
A major amendment to the Redevelopment Plan was made on April 23, 2019, pursuant to Resolution
2019-75, reflecting the current conditions of the Bayshore Gateway Triangle area and updating the vision
and approach to redevelopment in that area. The purpose of this LDC amendment is to update the
provisions in the BMUD and the Gateway Triangle Mixed Use District (GTMUD). The BMUD will be
renamed to the Bayshore Overlay District (BO) and the GTMUD will be renamed to the Gateway
Triangle Overlay District (GTO).
Since this LDC amendment includes a proposed change to the list of permitted and conditional uses on
lands that potentially can be greater than 10 acres, LDC section 10.03.06 K requires two Board hearings
with at least one hearing held after 5:00 p.m. on a weekday. However, the Board may elect to conduct the
hearing at another time of day by a supermajority vote. If the Board elects not to waive the night hearing,
one of the proposed hearings will need to occur after 5:00 p.m.
Prior to the Board’s review, this LDC amendment (LDCA--PL20210001222 was reviewed by the Collier
County Planning Commission (CCPC) on November 18, 2021, at 5:05 p.m. It is staff's opinion that th e
public had an opportunity to address their concerns at this nighttime hearing, and that a nighttime hearing
by the Board is not necessary. The CCPC unanimously recommended approval of the LDC amendment,
and there was no public opposition.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of
four is needed to waive the nighttime hearing. (HFAC)
RECOMMENDATION: To hold two regularly scheduled daytime hearings on January 25, 2022, and
February 08, 2022. This option waives the night meeting requirement as provided for in LDC section
10.03.06 K.
Prepared by: Eric Johnson, Principal Planner, Zoning Division
16.A.19
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 20553
Item Summary: Recommendation to hear a Land Development Code Amendment at two
regularly scheduled daytime hearings and waive the nighttime hearing requirement.
Meeting Date: 01/11/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
12/01/2021 4:01 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
12/01/2021 4:01 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/01/2021 4:30 PM
Zoning Mike Bosi Zoning Director Review Completed 12/02/2021 8:02 AM
Zoning Mike Bosi Additional Reviewer Skipped 12/02/2021 8:01 AM
Zoning Mike Bosi Additional Reviewer Skipped 12/02/2021 8:02 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 12/02/2021 1:01 PM
Growth Management Department James C French Growth Management Completed 12/02/2021 1:14 PM
Growth Management Department Jeanne Marcella Transportation Skipped 12/07/2021 9:40 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/07/2021 9:46 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/07/2021 11:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/07/2021 1:47 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/05/2022 9:31 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.A.19
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