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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 11.F Packet Pg. 123 05/12/2020 ATTACHMENT(S) 1. Outdoor Seating Emergency/Executive Order (RTF) 11.F Packet Pg. 124 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 Packet Pg. 125 [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)