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Agenda 05/11/2021 Item #16A 9 (Waiving Nighttime Hearing Requirements LDC Amendments)05/11/2021 EXECUTIVE SUMMARY Recommendation to hear 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 privately initiated Land Development Code (LDC) amendments at two regularly scheduled daytime hearings on June 22, 2021 and July 13, 2021. CONSIDERATIONS: Zoning staff is currently reviewing the following two privately initiated LDC amendments: PL20200001481: Good Oysters Landing+ (Submittal Date: August 18, 2020) Oyster and shellfish processing and distribution facilities and prohibit onsite washing and rinsing of oysters in the Goodland Zoning Overlay (GZO) District. This amendment provides for a new gross floor area design standard for the waterfront dependent uses and the placement of a single - family live-work unit over and above an oyster processing and distribution facility with ancillary convenience commerce uses. PL20200002306: VR Zoning on Chokoloskee Island (Submittal Date: November 20, 2020) Waterfront sporting and recreational camp for water-related or dependent uses as a conditional use in the Village Residential (VR) Zoning District. Since these LDC amendments include a proposed change to the list of 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, both LDC amendments will be reviewed by the CCPC on Wednesday, May 26, 2021 at 5:05 p.m. It is staff's opinion 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. If either amendment requires additional public input after the CCPC hearing or prior to the Board’s first hearing, the Board may choose to reschedule the second hearing to hold a meeting after 5:00 p.m. FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board approval. -DDP GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To hold two regularly scheduled daytime hearings to consider LDC amendments. This option waives the night meeting requirement as provided for in LDC section 10.03.0 6 K. Prepared by: Richard Henderlong, Principal Planner, Zoning Division 16.A.9 Packet Pg. 390 05/11/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 15525 Item Summary: Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Meeting Date: 05/11/2021 Prepared by: Title: Planner, Principal – Growth Management Development Review Name: Richard Henderlong 04/07/2021 10:11 AM Submitted by: Title: Planner, Principal – Zoning Name: Anita Jenkins 04/07/2021 10:11 AM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 04/07/2021 4:22 PM Zoning Jeremy Frantz Additional Reviewer Completed 04/20/2021 12:26 PM Zoning Anita Jenkins Zoning Director Review Completed 04/21/2021 11:23 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/21/2021 11:32 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 04/21/2021 11:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2021 11:38 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/29/2021 6:39 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/02/2021 1:32 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM 16.A.9 Packet Pg. 391