HEX Transcript 11/14/2013 November 14,2013 (HEX)
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
November 14,2013
LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of
Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800
North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present:
HEARING EXAMINER MARK STRAIN
Also Present:
Raymond V.Bellows,Planning Manager
Nancy Gundlach,Principal Planner
Heidi Ashton-Cicko,County Attorney's Office
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT
9:00 AM ON NOVEMBER 14, 2013, IN CONFERENCE ROOM 610 AT THE
GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING
EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING
REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE
HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A
PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDNENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE
FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESETATION BY STAFF,
PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION
WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY
COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT
PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR
EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. APPROVAL OF PRIOR MEETING MINUTES—October 24, 2013
4. ADVERTISED PUBLIC HEARINGS
A. PETITION NO. ABW-PL20130001595: — SLR Naples Corp. requests a waiver pursuant to
Section 5.05.01.A.6. of the Land Development Code concerning an establishment named
Gotham House that sells alcohol for on-site consumption and derives less than fifty-one
percent of its sales from food items and has a minimum separation distance of less than 500
feet from other such establishments which are located in the Mercato Mixed Use Planned
Unit Development in Section 34,Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Nancy Gundlach,AICP, RLA, Principal Planner]
5. OTHER BUSINESS
6. ADJOURN
November 14,2013(HEX)
EXHIBITS
DESCRIPTION
1 Notice of hearing
2 Agenda item 4.A and the full report and the backup
3 OR Book 4223,Page 0874,Paragraph B
*** * * * *
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone. Are we on? I think they're just
connecting the mikes.
Good morning. Welcome to the Thursday,November 14th meeting of the Collier County Hearing
Examiner's Office.
If you'll all rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: We have some housekeeping matters to announce. Individual
speakers will be limited to five minutes,unless otherwise waived by the Hearing Examiner. All materials
used during presentation at the hearing will become a permanent part of the record.
Decisions of the Hearing Examiner are final,unless appealed to the Board of County
Commissioners.
Hearing procedures will provide for presentation by the applicant,presentation by staff,public
comment,and applicant rebuttal. The Hearing Examiner will render a decision within 30 days.
In today's agenda we have one advertised public hearing,Item 4.A.
There is no other changes to the agenda,Ray?Is there anything that you--
MR.BELLOWS: I have no additions or changes.
HEARING EXAMINER STRAIN: Approval of prior minutes. The prior minutes of this meeting,I
have gone over them with the court reporter. There were some changes needed. I will try to be brief in
announcing those for the record.
First of all,the minutes will have an attached exhibit list or an exhibit list added to the minutes for
each case from here forward.
On the first page of the proceedings,Lines approximately 16,there are a series of grammatical errors
and typos. It should read: In those forever remembered old days,you could enter into the Building
Department's one temporary trailer with a roll of plans for a multistory building. And it goes on from there.
That's the correct way it should be written.
And then in the signature page where it says the minutes--the very last line, "The minutes were
approved by."Instead of the"Board",it should be by the Hearing Examiner. That should clean up the
minutes.
I don't think I need a vote on those. I'm the only one here. So that's the way it will go. I'm used to
having seven Board members.
***Okay. The first advertised public hearing today is Petition No.ABW-PL20130001595. It's for
the SLR Naples Corporation located in Mercato mixed use planned development--planned unit
development.ABW is an alcohol beverage waiver.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Disclosures on my part. I have talked to Bruce Anderson,
Wayne Arnold,Sharon Umpenhour with Grady Minors and Associates,various staff members here at the
County. And I've gone through all the files on the previous ABWs to understand the processes that have
applied to Mercato in the past.
I've also pulled some files,read some files that Bruce had sent me and Sharon regarding disclosures,
as far as the condominium documents go.
There are two exhibits that I want to mention already that will be part of the record. Exhibit 1 will be
the notice of hearing. And Exhibit 2 will be this Agenda Item 3.A and the full report and the backup that
goes with it.
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November 14,2013(HEX)
As we get into discussion,Exhibit 3 will be added. It will be the Mercato declaration of covenants,
OR Book Page 4223--I mean,OR Book 4223,Page 0874,Paragraph B. It's a recorded document showing a
notice--the noise notification to the residents within Mercato. And that will be Exhibit 3.
With that,Bruce,I have read all the documentation,so your discussion can be as brief as you would
like.
MS.ASHTON-CICKO: Just for clarification,on Exhibit 2 it is labeled Agenda Item 3.A,but it
actually is Agenda Item 4.A. So just for the record and so forth,we'll make that correction.
HEARING EXAMINER STRAIN: Good. Thank you for catching that. I appreciate it.
Okay. Bruce.
MR.ANDERSON: Good morning. For the record,my name is Bruce Anderson from the Roetzel
and Andress Law Firm representing the applicant,SLR Naples Corporation.
With me today is the president of the corporation,Steve Tallides. And we're pleased to be here. This
is a request for waiver from the 500 foot distance separation requirement under LDC Section 5.05.01 for
waiver of the distance requirements from another alcoholic beverage business.
The name of this business is projected to be Cavo. And it is located in Mercato.
Mr. Strain,I don't know,do you want to also include Exhibits A and B that were in the application?
I don't know if these were--the exhibits you referenced earlier were to attach to your order.
HEARING EXAMINER STRAIN: Exhibit A is the map.That's part of the staff report attachments.
MR.ANDERSON: Yes,sir.
HEARING EXAMINER STRAIN: That would be part of--that would be part of Exhibit 2.
MR.ANDERSON: Okay,okay.
HEARING EXAMINER STRAIN: Anything that was in the staff report,which includes your
application--I'm looking at it now--that was all part of Exhibit 2.
MR.ANDERSON: Okay. We concur with the staff report and thank Ms.Gundlach for her timely
handling of this application. And I think she has something that she wants to clarify on the staff report.
And we're available for any questions you might have. Thank you.
HEARING EXAMINER STRAIN: Thank you.
Nancy.
MS.GUNDLACH: Good morning,Commission---Hearing Examiner. I don't know what--
HEARING EXAMINER STRAIN: Bruce asked that question. I said anything but profanity would
be fine.
MS.GUNDLACH: For the record,I'm Nancy Gundlach. And I'm the principal planner with the
Department of Planning and Zoning. And staff is recommending approval of this alcoholic beverage waiver.
And I do have one clarification I would like to make in our staff report. And I would like to correct
the distance from Silver Spot. It should read 270 feet,not 426 feet.
HEARING EXAMINER STRAIN: Okay. Thank you.
And as I mentioned to you in the beginning of the meeting,I would like to suggest that if you have
no objection,your recommendation delete the word"two"because it talks about a 500-foot separation
requirement between two establishments.There are multiple establishments in which its got separations. So
I'd just thought we'd drop the word"two"and that would cover all the circumstances.
Is that okay with staff?
MS.GUNDLACH: That's acceptable to staff.
HEARING EXAMINER STRAIN: Okay. Any member of the public--anybody here wish to speak
on this item?
Bruce,I can't imagine you've got a rebuttal.
Nothing else to say,then at this point that is all we need to hear on this matter.
Heidi,do you have anything you want to add?
MS.ASHTON-CICKO: No,I don't. Thank you.
HEARING EXAMINER STRAIN: Okay. What will happen,Bruce,is within 30 days you'll be sent
a notice of the decision on the--from the Hearing Examiner's Office. I'm sure it will be favorable.It's just a
matter of getting the paperwork done. I expect that will be a lot less than the amount of time allocated.
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November 14,2013(HEX)
Probably within a week.
So with that,we're done.
MR.ANDERSON: Thanks very much.
HEARING EXAMINER STRAIN: Thank you very much for your attendance today and I
appreciate your time.
MR.ANDERSON: Thank you.
HEARING EXAMINER STRAIN: There is no other business. With that,we'll adjourn the meeting.
Thank you all for coming.
There being no further business for the good of the County,the meeting was adjourned by order of
the Hearing Examiner at 9:09 a.m.
COLLIER COUNTY HEARING EXAMINER
bUill
MAR STRAIN,HEARING EXAMINER
ATTEST
DWIGHT E.BROCK,CLERK
These minutes approved by the Hearing Examiner on (1-- -3 ,as presented 4.---"Or as
corrected .
TRANSCRIPT PREPARED ON BEHALF OF
GREGORY COURT REPORTING SERVICE,INC.,
BY KELLEY MARIE NADOTTI,REGISTERED PROFESSIONAL REPORTER
AND NOTARY PUBLIC.
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