HEX Transcript 05/22/2014 May 22, 2014 HEX Meeting
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TRANSCRIPT OF THE MEETING OF THE
�O 4� COLLIER COUNTY HEARING EXAMINER
\.? Naples,Florida
May 22,2014
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: Heidi Ashton-Cicko, Managing Assistant County Attorney
Ray Bellows,Zoning Manager
Fred Reischl,Senior Planner
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT
9:00 AM ON MAY 22, 2014, 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 EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. 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. 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
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. ZVL—PL20140000524 - Old 41 Phx, LLC, requests approval of a zoning verification
letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which
County staff determined that the proposed use of Indoor Storage is comparable in nature to other
permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance
No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision,
within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County,
Florida. [Coordinator: Fred Reischl, planner]
3. OTHER BUSINESS
4. ADJOURN
May 22,2014 HEX Meeting
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the May 22nd meeting
of the Collier County Hearing Examiner's Office.
If everybody will please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Okay,a few housekeeping notes. The individual speakers will
be limited to five minutes unless otherwise waived.
All materials used during presentation at the hearing will become a permanent part of the record.
Decisions are final unless appealed to the Board of County Commissioners.
And the Hearing Examiner will render a decision within 30 days.
We have one item on the agenda today and there's no minutes for approval from our last meeting at
this time.
The one item on the agenda is Item 4.A,Petition No.ZVL-PL2014000524.
This is an affirmation of a staff analysis for a compatible use,and it was staff initiated. So from that
perspective, Ray,I think it might he more appropriate for you to lead off. Or who was the--Fred?
MR.REISCHI.,: Fred Reischl,Senior Planner.
This is a request to have storage on a site in the Sterling Oaks PUD, whose purpose and intent in the
PUD is listed as storage,but a permitted use of storage is not found in the PUD. And staff recommends that
storage is a permitted use.
HEARING EXAMINER STRAIN: And you're going to be limiting to the storage to-- it's 4225 but
indoor only.
MR. REISCHL: Indoor only,correct.
HEARING EXAMINER STRAIN: Exhibit A for this item will be the legal ad. And Exhibit B will
be the staff report.
I've reviewed all the material attached. I'm now checking to see if I had any remaining questions,other
than limiting it to indoor storage.
I think that was the only issue.Absolutely. I have no other issues with it.Thank you.
Does anybody from the public or anybody wish to speak on this item?
(No response.)
HEARING EXAMINER STRAIN: And I don't believe,Heidi,we need any testimony from the
applicant for the analysis,it's basically an affirmation of the staffs position on the analysis. So does that seem
consistent with your reading of it?
MS.ASHTON-CICKO: That's correct.
HEARING EXAMINER STRAIN: So with that,I have no other issues today,there's no comments
from the public. This meeting--this will end this item of the hearing.
And with that,there's no other business,so this meeting's adjourned. A decision will be rendered
within 30 days. Thank you.
***************
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:04 a.m.
COLLIER COUNTY H- • RING EXAMINER
Jr.
MARk STRAIN,HEARING EXAMINER
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May 22,2014 HEX Meeting
ATTEST:
DWIGHT E. BROCK,CLERK /
These minutes approved by the Hearing Examiner on `t L" LP i( as presented v or as
corrected .
TRANSCRIPT PREPARED ON BEHALF OF
GREGORY COURT REPORTING SERVICES, INC.
BY CHERIE' R.NOTTINGHAM,CSR,COURT REPORTER AND NOTARY PUBLIC
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