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Agenda 12/10/2019 Item # 9B (Proposed LDC Amendments)12/10/2019 EXECUTIVE SUMMARY Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to eliminate the seating limitations and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.[First of two hearings] OBJECTIVE: To obtain Board approval of the proposed Land Development Code (LDC) amendment. 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 of County Commissioners (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. Some of the goals included in the Invitation to Negotiate include the development of “complimentary experiential opportunities such as miniature golf, modern driving range, quality food and beverage services, and community space” (See Agenda Item 11.C). Golf courses operations have undergone changes in recent years in response to declines in participation in the sport, especially among younger generations. This has led to innovation in the industry so that the modern golf experience includes a variety of family-oriented golf experiences, such as community spaces open to more of the public, driving ranges, and food service at restaurants that are larger than have historically been associated with golf courses (See examples of regional or national modern golf experiences in Exhibit A). Additionally, several restaurants associated with golf courses throughout Collier County have opened to the public, rather than limiting their service to club members. The proposed amendment removes 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 (See Exhibit B). The seating limitation and hours of operation were originally added to the LDC in Ordinance 92-73. This amendment does not make any changes to the site design standards applicable to the GC district. Additionally, LDC section 5.05.15 B states that, “where a permitted, accessory, or conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC),” the standards in LDC section 5.05.15 H would also apply. See Exhibit C for development standards applicable in the GC Zoning District. The Golden Gate City Economic Development Zone was established in Ordinance 2018-56 when the Board designated the Golden Gate City Area as target for economic development. Expanding the allowance for larger restaurants that are accessory to a golf course will support both the operation of the golf course as well as the larger economic development and redevelopment goals for the Golden Gate City Area. 9.B Packet Pg. 254 12/10/2019 Public Information Meeting A Public Information Meeting PIM was held at 5:30 p.m. on Monday, November 18, 2019 at the Golden Gate Community Center. Mailed notice was 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. The required public process for this amendment includes advertised public hearings before the Collier 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. Hearing Schedule 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, on November 12, 2019, the Board elected to conduct both hearings during regular board meetings. This is the first required hearing for this amendment. DSAC RECOMMENDATION: The DSAC will review the amendment on December 4, 2019. CCPC RECOMMENDATION: The Planning Commission reviewed the amendment on December 3, 2019, and unanimously recommended denial. The Planning Commission stated that the LDC amendment is not the appropriate process to identify new uses for the Golden Gate Golf Course property and that a master planning process or Planned Unit Development process should be used instead. Furthermore, the Planning Commission recommended that the Board of County Commissioners instead utilize the advisory board that was called for by the Golden Gate City Economic Development Zone Ordinance (Ord. 2018-56) to vet future development plans for the Golden Gate Golf Course. FISCAL IMPACT: There are no fiscal impacts associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. - SAA GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: Staff recommends that the Board approves the attached Ordinance. Prepared by: Jeremy Frantz, AICP, LDC Manager, Zoning Division ATTACHMENT(S) 1. Proposed LDC Amendment (PDF) 2. 11-19-19 Public Information Meeting Property Owner Letter (PDF) 3. 11-19-19 Public Information Meeting Sign-in Sheets (PDF) 4. 11-19-19 Public Information Meeting Staff Presentation (PDF) 5. [Linked] 11-19-19 Public Information Meeting Comment Cards (PDF) 6. 10748 LDC ordinance - 111519 (PDF) 7. Legal Ad - Agenda ID 10748 (PDF) 8. Staff Presentation for 12-10-19 (PDF) 9.B Packet Pg. 255 12/10/2019 9.B Packet Pg. 256 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 10748 Item Summary: ***This item to be heard immediately following Item 9A*** Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to eliminate the seating limitations and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.[First of two hearings] Meeting Date: 12/10/2019 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 11/08/2019 1:26 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 11/08/2019 1:26 PM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 11/12/2019 8:20 AM County Attorney's Office Sally Ashkar Additional Reviewer Completed 11/15/2019 2:41 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/22/2019 3:30 PM Growth Management Department James C French Deputy Department Head Review Completed 11/22/2019 4:57 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/25/2019 9:04 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 11/25/2019 9:25 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/25/2019 10:01 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 1:05 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/29/2019 9:06 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 9.B Packet Pg. 257 1 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002545 SUMMARY OF AMENDMENT This amendment eliminates seating limitations and expands the hours of operations for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone. LDC SECTION TO BE AMENDED 2.03.09 Open Space Zoning Districts ORIGIN Board of County Commissioners HEARING DATES BCC 01/14/2020 12/10/2019 CCPC 12/03/2019 DSAC 12/04/2019 DSAC-LDR N/A ADVISORY BOARD RECOMMENDATIONS DSAC-LDR N/A DSAC TBD CCPC Denial BACKGROUND During a discussion regarding a proposed public private partnership (P3) to provide golf and other complimentary experiential opportunities on the Golden Gate Golf Course property on October 22, 2019, the Board of County Commissioners (Board) directed staff to draft an ordinance to eliminate the seating limitations on restauran ts in the Golf Course Zoning District within the Golden Gate City area. Then, during commissioner communications on November 12, 2019, the Board also acknowledged the need to extend the hours of operation. Some of the goals included in the Invitation to Negotiate for the proposed P3 include the development of “complimentary experiential opportunities such as miniature golf, modern driving range, quality food and beverage services, and community space” (See Agenda Item 11.C). Golf courses operations have undergone changes in recent years in response to declines in participat ion in the sport, especially among younger generations. This has led to innovation in the industry so that the modern golf experience includes a variety of family-oriented golf experiences, such as community spaces open to more of the public, driving ranges, and food service at restaurants that are larger than have historically been associated with golf courses (See examples of regional or national modern golf experiences in Exhibit A). Additionally, several restaurants associated with golf courses throughout Collier County have opened to the public, rather than limiting their service to club members. The proposed amendment removes 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 (See Exhibit B). The seating limitation and hours of operation were originally added to the LDC in Ordinance 92-73. This amendment does not make any changes to the site design or development standards applicable to the GC district. Additionally, LDC section 5.05.15 B states that, “where a permitted, accessory, or conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC),” the standards in LDC section 5.05.15 H would also apply. See Exhibit C for development standards applicable in the GC Zoning District. 9.B.1 Packet Pg. 258 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) 2 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx The Golden Gate City Economic Development Zone was established in Ordinance 2018-56 when the Board designated the Golden Gate City area as a target for economic development. Expanding the allowance for larger restaurants that are accessory to a golf course will support both the operation of the golf course as well as the larger economic development and redevelopment goals for the Golden Gate City Area. Public Information Meeting On October 31, 2019, while discussing the CCPC’s review schedule for this amendment, the CCPC requested that staff reach out to the community surrounding the Golden Gate Golf Course to alert the community to the change. As a result, a Public Information Meeting was held on Monday, November 18, 2019 at 5:30 p.m., in the Golden Gate Community Center. See Exhibit D for a summary of the meeting. Planning Commission Recommendation The Planning Commission reviewed the amendment on December 3, 2019, and unanimously recommended denial. The Planning Commission stated that the LDC amendment is not the appropriate process to identify new uses for the Golden Gate Golf Course property and that a master planning process or Planned Unit Development process should be used instead. Furthermore, the Planning Commission recommended that the Board of County Commissioners instead utilize the advisory board that was called for by the Golden Gate City Economic Development Zone Ordinance (Ord. 2018-56) to vet future development plans for the Golden Gate Golf Course. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. This amendment will support the Board’s goal of continued operation of the Golden Gate Golf Course through the ITN process and redevelopment in the area. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Modern Golf Experience Examples, B) Ordinance 2018-56, C) Development Standards in GC Zoning, D) Public Information Meeting Summary 9.B.1 Packet Pg. 259 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Amend the LDC as follows: 2.03.09 - Open Space Zoning Districts 1 2 A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district 3 is to provide lands for golf courses, recreational uses, and normal accessory uses, 4 including certain uses of a commercial nature. Recreational uses should be compatible in 5 scale and manner with residential land uses. The GC district shall be in accordance with 6 the urban mixed use district and the agricultural/rural mixed use district of the future land 7 use element of the Collier County GMP. All uses shall be subject to design standards 8 established in LDC section 5.05.15 H, and other applicable LDC standards. 9 10 1. The following subsections identify the uses that are permissible by right and the 11 uses that are allowable as accessory or conditional uses in the GC district. 12 13 a. Permitted uses. 14 15 1. Golf courses. 16 17 2. Hiking trails, walkways, multi-use paths and observation decks. 18 19 3. Passive recreation areas. 20 21 4. Disc golf. 22 23 b. Accessory uses. 24 25 1. Uses and structures that are accessory and incidental to uses 26 permitted as of right in the GC district. 27 28 2. Recreational facilities that serve as an integral part of a golf course 29 use, including but not limited to clubhouse, community center 30 building, practice driving range, shuffleboard courts, swimming 31 pools and tennis facilities, snack shops and restrooms. 32 33 3. Pro shops with equipment sales, no greater than 1,000 square feet, 34 associated with a golf course. 35 36 4. Restaurants, associated with a golf course, with a seating capacity 37 of 150 seats or less, provided that the hours of operation are no 38 later than 10:00 p.m. However, the seating capacity shall not apply, 39 and the hours of operation may be extended to 12:00 a.m., within 40 the Golden Gate City Economic Development Zone. 41 42 5. A maximum of two residential dwellings units for use by golf course 43 employees in conjunction with the operation of the golf course. 44 45 6. Maintenance buildings. 46 47 9.B.1 Packet Pg. 260 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx c. Conditional uses. The following uses are permissible as conditional uses 1 in the GC district, subject to the standards and provisions established in 2 LDC section 10.08.00. 3 4 1. Commercial establishments oriented to the golf course including gift 5 shops; pro shops with equipment sales in excess of 1,000 square 6 feet; restaurants with seating capacity of greater than 150 seats 7 outside the Golden Gate City Economic Development Zone; 8 cocktail lounges, and similar uses, primarily intended to serve 9 patrons of the golf course. 10 11 2. Cemeteries and memorial gardens. 12 13 3. Equestrian facilities, including any trails, no closer than 500 feet to 14 residential uses. 15 16 4. Museums. 17 18 5. Water related activities, including non-motorized boating, boat 19 ramps, docks, and fishing piers. 20 21 6. Courts, including bocce ball, basketball, handball, pickle ball, 22 tennis, and racquetball. 23 24 7. Neighborhood fitness and community centers. 25 26 8. Parks and playgrounds. 27 28 9. Pools, indoor or outdoor. 29 30 10. Botanical gardens. 31 32 11. Any other recreational use which is compatible in nature with the 33 foregoing uses as determined by the Hearing Examiner or Board of 34 Zoning Appeals, as applicable. 35 36 # # # # # # # # # # # # # 37 9.B.1 Packet Pg. 261 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit A – Modern Golf Experience Examples 5 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Top Golf: Source: Screen captures from www.swingsuite.topgolf.com and https://cdn.topgolf.com/assets/galleries/50934/5500_edison-Single-Bay-01.jpg 9.B.1 Packet Pg. 262 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit A – Modern Golf Experience Examples 6 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Pop Stroke Source: Screen captures from www.popstroke.com 9.B.1 Packet Pg. 263 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit A – Modern Golf Experience Examples 7 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Big Shots Golf Screen captures from: www.bigshotsgolf.com 9.B.1 Packet Pg. 264 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit B – Ordinance 2018-56 8 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 9.B.1 Packet Pg. 265 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit B – Ordinance 2018-56 9 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 9.B.1 Packet Pg. 266 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit B – Ordinance 2018-56 10 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 9.B.1 Packet Pg. 267 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit B – Ordinance 2018-56 11 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 9.B.1 Packet Pg. 268 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit B – Ordinance 2018-56 12 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 9.B.1 Packet Pg. 269 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit C – Development Standards in GC Zoning 13 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 4.02.01 – Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. Zoning District Minimum Lot Area (square feet) Minimum Lot Width (linear feet) Maximum Building Coverage (%) GC None None None * * * * * * * * * * * * * Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) GC 35 None None None * * * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements GC None None None # # # # # # # # # # # # # 4.02.03 - Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term " accessory structure " shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all residential zoning districts, or occupy an area greater than forty (40) percent of any building envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks), whichever is the lesser, provided the total maximum coverage provision of this ordinance for all principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square feet provided all yard and building spacing requirements can be met. C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must meet principal structure setbacks. For accessory structures related to the keeping of animals and livestock in these districts, see LDC section 4.02.07. 9.B.1 Packet Pg. 270 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit C – Development Standards in GC Zoning 14 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx D. Table of dimensional standards for accessory buildings and structures in zoning districts other than Rural Agricultural (A) and Estates (E): Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Non-Waterfront Lots and Non- Golf Course Lots Attached porch SPS 10 feet SPS N/A Carports (commercial, industrial, and multi-family) 1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS 10 feet SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet One-story and multi-story parking structures SPS SPS SPS 1/1 2 with a minimum of 10 feet Parking garage (one- and two-family) SPS 10 feet SPS 10 feet Permanent emergency generators 1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two-family) SPS 10 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (one- and two-family) SPS 15 feet SPS 10 feet Tennis courts (multi-family, and commercial) SPS 20 feet 15 feet 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS 10 feet 9.B.1 Packet Pg. 271 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit C – Development Standards in GC Zoning 15 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Waterfront Lots and Golf Course Lots 3 Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS Boat slips and ramps (private) N/A N/A 7.5 feet N/A Boathouses and boat shelters (private) SPS N/A See LDC sections 5.03.06 E and F 10 feet Carports (commercial, industrial, and multi-family) 1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet Davits, hoists, and lifts N/A N/A See LDC sections 5.03.06 E and F None Docks, decks, and mooring pilings N/A N/A See LDC sections 5.03.06 E and F N/A Golf clubhouse and maintenance buildings 4 50 feet 50 feet 50 feet N/A One-story and multi-story parking structures SPS SPS SPS 1/1 2 with a minimum of 10 feet Parking garage (one- and two-family) SPS SPS SPS 10 feet 9.B.1 Packet Pg. 272 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit C – Development Standards in GC Zoning 16 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Permanent emergency generators 1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS None Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (private) (one- and two- family) SPS 15 feet SPS 10 feet Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet Notes: SPS = Calculated same as principal structure for the zoning district. 1 See LDC section 4.02.01 D for exemptions and exclusions from required yards. 9.B.1 Packet Pg. 273 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit C – Development Standards in GC Zoning 17 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx 2 1 foot of accessory height = 1 foot of building separation. 3 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 4 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of separately platted buffer tracts. # # # # # # # # # # # # # 4.02.08 – Outside Lighting Requirements A. Lights on golf courses shall be located and designed so that no light is aimed directly toward property designated residential, which is located within 200 feet of the source of the light. B. Specific height requirements in zoning districts. 1. GC—Twenty-five (25) feet 2. C-1—Twenty-five (25) feet 3. CF—Twenty-five (25) feet # # # # # # # # # # # # # 5.05.15 – Conversion of Golf Courses * * * * * * * * * * * * * H. Design standards for lands converted from a golf course or for a permitted use within the GC zoning district shall be subject to the following design standards. 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the SOMs and the public hearings, as applicable. 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a minimum average50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location. 9.B.1 Packet Pg. 274 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit D – Public Information Meeting Summary 18 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx Public Information Meeting Date & Time: Monday, November 18, 2019 - 5:30 p.m. Location: Golden Gate Community Center. The County provided notice of the public meeting through the placement of Variable Message Signs on Golden Gate Boulevard and mailed notice to property owners within 1,000 feet of the GC zoning district within the Golden Gate City Economic Development Zone. A copy of the letter is attached. County staff counted more than 125 members of the public in attendance, however, not all signed the attendance sheet. Sign-in sheets are attached. At the meeting, County Staff provided a summary of the proposed LDC amendment, distributed comment cards, responded to questions and comments, and provided a schedule of the upcoming public meeting dates. A copy of the PowerPoint presentation is attached. The following comments, concerns, or suggestions were made by those in attendance: • The desire to see the golf course maintained and continue to operate for the community’s benefit. • Requests to have a more complete understanding of the County’s ultimate plans for the golf course. • Concerns about the addition of new commercial uses on the Golf Course property. • Concerns about the compatibility of new experiential or modern golf experiences with the established neighborhood. • Concerns about increases in traffic, noise, and lights, and the impact on infrastructure and surrounding property values. • Concerns about existing commercial businesses in the area. • The suggestion to include a maximum number of seats for restaurants. • The suggestion that the amendment is premature and should be addressed at the time when there is a complete plan for the property. • Questions regarding impacts to water and sewer systems. • Questions about whether other uses would now be open until midnight. • Objections to potential noise and lighting from new uses. Comment cards were passed out during the meeting to allow for additional written comments and the ability to indicate support, opposition, or no opinion about the proposed amendment to eliminate seating limitations and expand hours of operation for restaurants that are accessory to a golf course. Copies of the comment cards that were returned are provided by separate attachment. Of 100 comment cards that were passed out, 65 were returned. The written comments were as follows: • 57 indicated opposition to the amendment (when additional comments were provided, the following comments were registered): o Vendors would have the ability to request changes later (through the conditional use process), making this change unnecessary. o The golf course should remain as green space. o Increased congestion and noise. o Impacts to privacy and safety. o Impacts from lights or noise from music outside the building. o The desire to see the golf course continue to operate. o Impacts to water quality. o The need for more information about future plans for the golf course. 9.B.1 Packet Pg. 275 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) Exhibit D – Public Information Meeting Summary 19 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 12-3-19.docx o Incompatibility with the surrounding development and way of life. o Misunderstandings about the reason for the meeting. o The proposed change would be incompatible with surrounding senior living. o Concerns about density and the compatibility of adding a bar or restaurant to the area. o Concerns about impacts to property values. o Concerns about impacts to infrastructure such as water, roads, schools, and traffic. o The desire for a maximum number of seats. o Expectations for the golf course when homeowners purchased their homes. o The absence of a need for this type of development. o The need for more information to make a decision. o The suggestion to refurbish the course, and manage it as a golf course. • Five comment cards indicated support for the amendment: o All of which indicate that support was predicated on continuing to use the property for a golf course. • Three comment cards indicated no opinion: o Two indicated there was insufficient information about what is planned for the property. o One indicated the desire to see golf first. The meeting concluded with a review of the upcoming public hearing dates. Attachments: Letter to Property Owners Sign-in Sheets Staff presentation Comment Cards 9.B.1 Packet Pg. 276 Attachment: Proposed LDC Amendment (10748 : Restaurant seating in GC district) November 4, 2019 Jeremy Frantz Collier County Zoning Division (239) 252-2305 Jeremy.Frantz@colliercountyfl.gov Subject: Public Information Meeting and Public Hearings for Proposed LDC Amendment PL20190002545 Dear Property Owner: Please be advised that Collier County proposes an amendment to the Collier County Land Development Code (LDC) that would remove the seating limitations and to extend the hours of operation for restaurants that are accessory to a golf course. This amendment is proposed to apply to properties in the Golf Course and Recreational Use (GC) Zoning District located within the Golden Gate City Economic Development Zone. The purpose and intent of the amendment is to support the continued operation of the Golden Gate City Golf Course and to implement the economic development and redevelopment goals in the community. The boundaries of the areas to be discussed are shown on the following page. The public is invited to attend and provide feedback at the Public Information Meeting held by Collier County on: Monday, November 18, 2019 at 5:30 p.m. Golden Gate Community Center 4701 Golden Gate Parkway, Naples FL 34116 Several other public hearings will also be held by Collier County as shown below, during which the public may provide additional feedback on the proposed LDC amendment. Meeting Date Location Collier County Planning Commission Tuesday, December 3, 2019 at 5:05 p.m. Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 Collier County Board of Commissioners Tuesday, December 10, 2019 at 9:00 a.m. Collier County Board of Commissioners Tuesday, January 14, 2020 at 9:00 a.m. 9.B.2 Packet Pg. 277 Attachment: 11-19-19 Public Information Meeting Property Owner Letter (10748 : Restaurant seating in GC district) The proposed LDC amendment is applicable to the area depicted below: 9.B.2 Packet Pg. 278 Attachment: 11-19-19 Public Information Meeting Property Owner Letter (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 279Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 280Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 281Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 282Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 283Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 284Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 285Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 286Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) 9.B.3Packet Pg. 287Attachment: 11-19-19 Public Information Meeting Sign-in Sheets (10748 : Restaurant seating in GC district) Public Information Meeting County initiated amendment to LDC Section 2.03.09 Golf Course and Recreational Use District (GC) 9.B.4 Packet Pg. 288 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Meeting Purpose Introduce a proposed LDC amendment regarding restaurants that are accessory to a golf course 9.B.4 Packet Pg. 289 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Golden Gate City Economic Development Zone Adopted in 2018 (Ordinance 2018-56) 9.B.4 Packet Pg. 290 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Board Direction October 22, 2019 1) Goals and objectives for future of the golf course 2) Eliminate the seating limitations on restaurants in the Golf Course Zoning District within the Golden Gate City Economic Development Zone. 9.B.4 Packet Pg. 291 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Golf Course and Recreational Use District (GC) Permitted Uses: 1.Golf courses. 2.Hiking trails, walkways, multi-use paths and observation decks. 3.Passive recreation areas. 4.Disc golf. 9.B.4 Packet Pg. 292 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant GC District –Accessory Uses 1.Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2.Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3.Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. 4.Restaurants, associated with a golf course, with a seating capacity of 150 seats or less provided that the hours of operation are no later than 10:00 p.m. 5.A maximum of two residential dwellings units for use by golf course employees in conjunction with the operation of the golf course. 6.Maintenance buildings. 9.B.4 Packet Pg. 293 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant GC District –Conditional Uses 1.Commercial establishments oriented to the golf course including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course 2.Cemeteries and memorial gardens. 3.Equestrian facilities, including any trails, no closer than 500 feet to residential uses. 4.Museums. 5.Water related activities, including non-motorized boating, boat ramps, docks, and fishing piers. 6.Courts, including bocce ball, basketball, handball, pickle ball, tennis, and racquetball. 7.Neighborhood fitness and community centers. 8.Parks and playgrounds. 9.Pools, indoor or outdoor. 10.Botanical gardens. 11.Any other recreational use which is compatible in nature with the foregoing uses as determined by the Hearing Examiner or Board of Zoning Appeals, as applicable. 9.B.4 Packet Pg. 294 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Proposed Changes –Accessory Uses Restaurants,associated with a golf course,with a seating capacity of 150 seats or less,provided that the hours of operation are no later than 10:00 p.m. However, the seating capacity shall not apply, and the hours of operation may be extended to 12:00 a.m., within the Golden Gate City Economic Development Zone. 9.B.4 Packet Pg. 295 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Proposed Changes –Conditional Uses Commercial establishments oriented to the golf course including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats outside the Golden Gate City Economic Development Zone; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. 9.B.4 Packet Pg. 296 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant No Change to Golf Course Development Standards Amplified Sound Building Dimensions Parking Setbacks Buffers Landscaping Lighting 9.B.4 Packet Pg. 297 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant LDC Amendment Process – Next Steps Tuesday, December 3 5:05 p.m. Planning Commission (CCPC) Wednesday, December 4 3:00 p.m. Development Services Advisory Committee (DSAC) Tuesday, December 10 9:00 a.m. Board of County Commissioners (1st Hearing) Tuesday, January 14, 2020 9:00 a.m. Board of County Commissioners (Final Hearing) 9.B.4 Packet Pg. 298 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Housekeeping Comment cards Draft amendment Sign-in sheet 9.B.4 Packet Pg. 299 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant Questions/Comments? Jeremy Frantz, AICP Collier County Growth Management Department -Zoning Division (239) 252-2305 Jeremy.Frantz@colliercountyfl.gov 9.B.4 Packet Pg. 300 Attachment: 11-19-19 Public Information Meeting Staff Presentation (10748 : Restaurant DRAFT 11/15/19 Page 1 of 7 Words struck through are deleted, words underlined are added ORDINANCE NO. 19 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 - 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ELIMINATE THE SEATING LIMITATIONS AND EXTEND THE HOURS OF OPERATION FOR RESTAURANTS WITHIN THE GOLF COURSE AND RECREATIONAL USE DISTRICT (GC), WHEN LOCATED WITHIN THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 5, 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and 9.B.6 Packet Pg. 301 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 2 of 7 Words struck through are deleted, words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on _____________, and _________________, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or 9.B.6 Packet Pg. 302 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 3 of 7 Words struck through are deleted, words underlined are added element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational 9.B.6 Packet Pg. 303 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 4 of 7 Words struck through are deleted, words underlined are added facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier Count y to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS Section 2.03.09, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.09 Open Space Zoning Districts A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district is to provide lands for golf courses, recreational uses, and normal accessory uses, including certain uses of a commercial nature. Recreational uses should be compatible in scale and manner with residential land uses. The GC district shall be in accordance with the urban mixed use district and the agricultural/rural mixed use district of the future land use element of the Collier County GMP. All uses shall be subject to design standards established in LDC section 5.05.15 H, and other applicable LDC standards. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the GC district. a. Permitted uses. 1. Golf courses. 2. Hiking trails, walkways, multi-use paths and observation decks. 3. Passive recreation areas. 4. Disc golf. b. Accessory uses. 9.B.6 Packet Pg. 304 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 5 of 7 Words struck through are deleted, words underlined are added 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2. Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3. Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. 4. Restaurants, associated with a golf course, with a seating capacity of 150 seats or less, provided that the hours of operation are no later than 10:00 p.m. However, the seating capacity shall not apply, and the hours of operation may be extended to 12:00 a.m., within the Golden Gate City Economic Development Zone. 5. A maximum of two residential dwellings units for use by golf course employees in conjunction with the operation of the golf course. 6. Maintenance buildings. c. Conditional uses. The following uses are permissible as conditional uses in the GC district, subject to the standards and provisions established in LDC section 10.08.00. 1. Commercial establishments oriented to the golf course including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats outside the Golden Gate City Economic Development Zone; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. 2. Cemeteries and memorial gardens. 3. Equestrian facilities, including any trails, no closer than 500 feet to residential uses. 4. Museums. 5. Water related activities, including non-motorized boating, boat ramps, docks, and fishing piers. 6. Courts, including bocce ball, basketball, handball, pickle ball, tennis, and racquetball. 7. Neighborhood fitness and community centers. 8. Parks and playgrounds. 9. Pools, indoor or outdoor. 9.B.6 Packet Pg. 305 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 6 of 7 Words struck through are deleted, words underlined are added 10. Botanical gardens. 11. Any other recreational use which is compatible in nature with the foregoing uses as determined by the Hearing Examiner or Board of Zoning Appeals, as applicable. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 9.B.6 Packet Pg. 306 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) DRAFT 11/15/19 Page 7 of 7 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ______, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: __________________________ Sally A. Ashkar Assistant County Attorney 19-LDS-00085/____ (__/__/19) 04-CMD-01077/____ (__/__/19) 9.B.6 Packet Pg. 307 Attachment: 10748 LDC ordinance - 111519 (10748 : Restaurant seating in GC district) 9.B.7 Packet Pg. 308 Attachment: Legal Ad - Agenda ID 10748 (10748 : Restaurant seating in GC district) County Initiated LDC Amendment Restaurant Seating and Hours of Operation in GC District December 10,2019 9.B.8 Packet Pg. 309 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Board Direction Oct. 22, 2019 Eliminate the seating limitations on restaurants in the Golf Course Zoning District within the Golden Gate City Economic Development Zone. 9.B.8 Packet Pg. 310 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Golden Gate City Economic Development Zone Adopted in 2018 (Ordinance 2018-56) 9.B.8 Packet Pg. 311 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Golf Course and Recreational Use District (GC) Permitted Uses: 1.Golf courses. 2.Hiking trails, walkways, multi-use paths and observation decks. 3.Passive recreation areas. 4.Disc golf. 9.B.8 Packet Pg. 312 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) GC District –Accessory Uses 1.Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2.Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3.Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. 4.Restaurants, associated with a golf course, with a seating capacity of 150 seats or less provided that the hours of operation are no later than 10:00 p.m. 5.A maximum of two residential dwellings units for use by golf course employees in conjunction with the operation of the golf course. 6.Maintenance buildings. 9.B.8 Packet Pg. 313 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) GC District –Conditional Uses 1.Commercial establishments oriented to the golf course including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course 2.Cemeteries and memorial gardens. 3.Equestrian facilities, including any trails, no closer than 500 feet to residential uses. 4.Museums. 5.Water related activities, including non-motorized boating, boat ramps, docks, and fishing piers. 6.Courts, including bocce ball, basketball, handball, pickle ball, tennis, and racquetball. 7.Neighborhood fitness and community centers. 8.Parks and playgrounds. 9.Pools, indoor or outdoor. 10.Botanical gardens. 11.Any other recreational use which is compatible in nature with the foregoing uses as determined by the Hearing Examiner or Board of Zoning Appeals, as applicable. 9.B.8 Packet Pg. 314 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Proposed Changes –Accessory Uses Restaurants,associated with a golf course,with a seating capacity of 150 seats or less,provided that the hours of operation are no later than 10:00 p.m. However, the seating capacity shall not apply, and the hours of operation may be extended to 12:00 a.m., within the Golden Gate City Economic Development Zone. 9.B.8 Packet Pg. 315 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Proposed Changes –Conditional Uses Commercial establishments oriented to the golf course including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats outside the Golden Gate City Economic Development Zone; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. 9.B.8 Packet Pg. 316 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) No Change to Golf Course Development Standards Amplified Sound Building Dimensions Parking Setbacks Buffers Landscaping Lighting 9.B.8 Packet Pg. 317 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district) Public Meetings Monday, November 18 5:30 p.m. Public Information Meeting Tuesday, December 3 5:05 p.m. Planning Commission (CCPC) Wednesday, December 4 3:00 p.m. Development Services Advisory Committee (DSAC) Tuesday, December 10 9:00 a.m. Board of County Commissioners (1st Hearing) Tuesday, January 14, 2020 9:00 a.m. Board of County Commissioners (Final Hearing) 9.B.8 Packet Pg. 318 Attachment: Staff Presentation for 12-10-19 (10748 : Restaurant seating in GC district)