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Agenda 04/24/2018 Item #16A12 Proposed Agenda Changes Board of County Commissioners Meeting April 24,2018 Withdraw Item 6A: Public Petition request from Ave Maria Development,LLLP,(Richard D. Yovanovich representing Barron Collier Companies),requesting that the Board of County Commissioners discuss the Town of Ave Maria commitment to provide a public facility site for Fire,Sheriff,EMS and County facilities. (Petitioner's request) Move Item 16Al2 to Item 11F: Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. (Commissioner Taylor's request) Move Item 16K11 to Item 12B: Recommendation that the Board direct the County Attorney to advertise an ordinance expanding the powers of the Special Magistrate. (Commissioner Taylor's request) Note: Solicitation Number on Item 16D6 marked incorrectly on Executive Summary resulting in a Scrivener's Error: Recommendation to approve the selection committee rankings and to authorize entering into contract negotiations for Request for Professional Services(RPS) 17 7249 18-7249,"Domestic Animal Services Building Design Renovation"(Project 50145),with the top- ranked firm,ADG Architecture. (Staff's request) Time Certain Items: Item 11A to be heard immediately following Item 9C 4/24/2018 8:28 AM 04/24/2018 EXECUTIVE SUMMARY Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. _____________________________________________________________________________________ OBJECTIVE: To present Land Development Code (LDC) amendments that allow medical marijuana dispensaries to become a permitted land use at two hearings during regularly scheduled daytime hearings on Tuesday, May 22, 2018, and Tuesday, June 12, 2018. This waiver requires the Board to waive the nighttime hearing by a supermajority vote. CONSIDERATIONS: On March 13, 2018, the Board directed staff to draft an LDC amendment to allow medical marijuana dispensaries in the same zoning districts as pharmacies. Since this a mendment changes the actual list of permitted uses within several zoning categories, the amendment requires public hearings and notice pursuant to LDC section 10.03.06 K. This LDC section states two Board meetings are required, and at least one hearing shall be held after 5:00 p.m. on a weekday. However, by supermajority vote the Board may waive the nighttime hearing and hold the hearing at another time of day. Should a majority of the Board feel an evening meeting is warranted, staff will adjust the advertisement accordingly. It should be noted the Collier County Planning Commission has scheduled a public hearing on Monday, April 30, 2018, at 5:05 p.m. The Planning Commission will review and provide recommendations regarding this amendment to the Board. FISCAL IMPACT: There are no fiscal impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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 10.03.06 K. Prepared By: Ellen Summers, Senior Planner, Zoning Division 16.A.12 Packet Pg. 685 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 5237 Item Summary: Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Meeting Date: 04/24/2018 Prepared by: Title: Planner – Zoning Name: Ellen Summers 03/26/2018 4:46 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 03/26/2018 4:46 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 03/26/2018 4:50 PM Zoning Jeremy Frantz Additional Reviewer Completed 03/26/2018 5:17 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 03/27/2018 4:53 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/29/2018 12:34 PM Growth Management Department James French Deputy Department Head Review Completed 03/30/2018 6:00 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/06/2018 2:59 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/09/2018 8:59 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/09/2018 12:24 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2018 7:29 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/15/2018 9:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 16.A.12 Packet Pg. 686