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Agenda 02/24/2015 Item #16A 1 2/24/2015 16.A.1. EXECUTIVE SUMMARY Recommendation to hear Land Development Code Amendment 5.05.05 Automobile Service Stations at two regularly scheduled daytime hearings and waive the night hearing requirement. This amendment proposes to add a conditional use to several zoning categories. OBJECTIVE: To provide the option for the Board of County Commissioners (Board) to hear the Land Development Code(LDC)Amendment to section 5.05.05 Automobile Service Stations at two regularly scheduled daytime hearings on March 11,2015 and March 24,2015. This option requires the Board to waive the night hearing by a supermajority vote. CONSIDERATIONS: The amendment to LDC section 5.05.05 Automobile Service Station follows Board direction and proposes to add a conditional use for facilities with fuel pumps, such as gas stations, with more than 8 fuel pumps that are within 300 feet of residential property. In addition, new residentially zoned property may also require a conditional use if located within 300 feet of a facility with more than 8 fuel pumps. These amendments require public notice pursuant to LDC Section 10.03.06 K and Section 125.66,FS. Section 125.66(4)(b),FS provides: "In cases in which the proposed ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the board of county commissioners shall provide for public notice and hearings as follows: 1. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day..." It should be noted that the Collier County Planning Commission has re-reviewed this amendment on Thursday,January 15,2015 and Thursday,February 5,2015. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is required for Board approval. --HFAC GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: For the Board to hear the proposed amendment at two regularly scheduled daytime hearings and waive the after 5:00 p.m.requirement. Prepared By: Caroline Cilek, AICP, Land Development Code Manager, Growth Management Division Packet Page-128- 2/24/2015 16.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.1. Item Summary: Recommendation to hear Land Development Code Amendment 5.05.05 Automobile Service Stations at two regularly scheduled daytime hearings and waive the night hearing requirement.This amendment proposes to add a conditional use to several zoning categories. Meeting Date: 2/24/2015 Prepared By Name: CilekCaroline Title: Manager-LDC,Environmental Services 1/21/2015 6:55:41 PM Submitted by Title: Manager-LDC,Environmental Services Name: CilekCaroline 1/21/2015 6:55:42 PM Approved By Name: McLeanMatthew Title: Project Manager,Principal, Operations and Regulatory Management Date: 1/27/2015 4:53:02 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 1/28/2015 9:43:36 AM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 1/28/2015 11:51:30 AM Name: FrenchJames Title: Director-Operations Support, Operations&Regulatory Management Date: 2/3/2015 4:51:36 PM Packet Page-129- 2/24/2015 16.A.1. Name: AshtonHeidi Title: Managing Assistant County Attorney,CAO Land Use/Transportation Date: 2/4/2015 9:08:52 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/11/2015 8:38:34 AM Name: lsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/11/2015 9:15:59 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2015 9:42:11 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/16/2015 12:48:16 PM n Packet Page-130-