Agenda 12/08/2020 Item #16A35 (LDC Amendment waiving the nighttime hearings)12/08/2020
EXECUTIVE SUMMARY
Recommendation to hear two Land Development Code Amendments 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) two LDC amendments relating to; Communication Towers as a Conditional Use
in the Estates Zoning District and the Community Housing Plan Regulatory Relief for Cluster
Development for affordable housing which does not require a conditional use within the RMF-6 Zoning
District, at two regularly scheduled daytime hearings on January 26, 2021, and February 09, 2021.
CONSIDERATIONS: There are two proposed amendments that modify the list of permitted and
conditional uses.
The Urban and Rural Golden Gate Estates Sub-elements of the Golden Gate Area Master Plan (GGAMP)
was adopted on September 24, 2019. One of the provisions of the Sub-elements is the “Special
Exceptions to Conditional Use Locational Criteria” (Urban Section B.1.A.3.e.5. and Rural Section
B.1.A.3.d.4.) which would allow for communication towers, in the Estates District, to be approved
through the Conditional Use approval process. This LDC amendment implements the GGAMP provision
and establishes new development standards for communication towers in the Estates District.
The second amendment proposes alternate design standards for Housing that are Affordable pursuant to
Collier County’s Community Housing Plan recommendations. It clarifies that Cluster Development for
Affordable Housing does not require a Conditional Use approval in the RMF-6 District and to create
Alternative Design standards for Affordable Housing.
Since these LDC amendments include 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, these two amendments (LDCA-PL20200001721 and LDCA-PL20200001703)
will be reviewed by the Collier County Planning Commission (CCPC) on November 19, 2020, at 5:05
p.m. It is staff's opinion that the public will have an opportunity to address their concerns at this
nighttime hearing, and that a nighttime hearing by the Board is not necessary.
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. Pursuant to Section
10.03.06.K, an affirmative vote of four is needed to waive the night hearing. (HFAC)
RECOMMENDATION: To hold two regularly scheduled daytime hearings on January 26, 2021, and
February 09, 2021. This option waives the night meeting requirement as provided for in LDC section
10.03.06 K.
Prepared by: Richard Henderlong, Principal Planner, Zoning Division
16.A.35
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.35
Doc ID: 14234
Item Summary: Recommendation to hear two Land Development Code Amendments at two
regularly scheduled daytime hearings and waive the nighttime hearing requirement.
Meeting Date: 12/08/2020
Prepared by:
Title: Planner, Principal – Growth Management Development Review
Name: Richard Henderlong
11/13/2020 4:02 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/13/2020 4:02 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/16/2020 8:31 AM
Zoning Jeremy Frantz Additional Reviewer Completed 11/16/2020 8:39 AM
Zoning Anita Jenkins Additional Reviewer Completed 11/16/2020 1:49 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/17/2020 11:19 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/18/2020 9:20 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/18/2020 10:49 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/18/2020 12:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2020 2:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/18/2020 4:43 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2020 2:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.A.35
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