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Agenda 11/12/2019 Item #16A32 (LDC Amendments daytime hearings waiving nighttime hearing requirement)11/12/2019 EXECUTIVE SUMMARY Recommendation to hear a Land Development Code Amendment 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) a Land Development Code (LDC) amendment at two regularly scheduled daytime hearings on Tuesday, December 10, 2019 and Tuesday, January 14, 2020. This waiver requires the Board to waive the nighttime hearing by a supermajority vote. CONSIDERATIONS: During a discussion regarding a proposed public private partnership to provide golf and other complimentary experiential opportunities on the Golden Gate Golf Course property on October 22, 2019, the Board directed staff to draft an ordinance to eliminate the seating limitations on restaurants in the Golf Course Zoning District within the Golden Gate City area. The resultant amendment proposes to remove the 150 -seat limitation and extends the hours of operations from 10:00 p.m. to 12:00 a.m. for restaurants that are accessory to a permitted use in the Golf Course and Recreational Use District “GC” within the Golden Gate City Economic Development Zone. Since this amendment includes proposed changes to the list of permitted, and conditional uses on land 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 super majority 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. Planned Public Involvement Opportunities The required public process for this amendment includes advertised public hearings before the Colli er County Planning Commission (CCPC) and the Board. In addition to the required advertisement and hearings, County staff has also scheduled a Public Information Meeting on Monday, November 18, 2019 at 5:30 p.m. at the Golden Gate Community Center. Prior to the Board’s review, the amendment will be reviewed by the Development Services Advisory Committee (DSAC) on Wednesday, December 4, 2019 and by the CCPC on Tuesday, December 3, 2019 at 5:05 p.m. Mailed notice will also be sent to property owners within 1,000 feet of the Golden Gate City Golf Course to notify residents of the PIM, CCPC, and Board meeting dates. FISCAL IMPACT: There are no fiscal impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To hold two regularly scheduled daytime hearings to consider an LDC amendment on December 10, 2019 and January 14, 2020. 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 16.A.32 Packet Pg. 968 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.32 Doc ID: 10732 Item Summary: Recommendation to hear a Land Development Code Amendment at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Meeting Date: 11/12/2019 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 10/31/2019 4:25 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 10/31/2019 4:25 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 11/01/2019 11:52 AM Growth Management Department Jeanne Marcella Department Head Review Completed 11/01/2019 1:50 PM Growth Management Department James C French Deputy Department Head Review Completed 11/04/2019 10:51 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/05/2019 4:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/05/2019 4:48 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/05/2019 4:51 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/06/2019 8:25 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/06/2019 11:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 16.A.32 Packet Pg. 969