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HEX Transcript 07/24/2014 July 24,2014 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida July 24,2014 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 Page 1 of 3 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON JULY 24, 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— June 26 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL—PL20140001300 — Robert Duvall 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 Laundry, Cleaning and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, as amended. The subject property is located on Lot 25 of the White Lake Corporate Park — Phase II subdivision, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Ray Bellows, Zoning Manager] 3. OTHER BUSINESS 4. ADJOURN July 24,2014 HEX Meeting HEARING EXAMINER STRAIN: Okay,good morning,everyone. Welcome to the July 24th 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: Thank you. Housekeeping matters. Individual speakers will be limited to five minutes unless otherwise waived; decisions are final unless appealed to the Board of County Commissioners;and a decision will be rendered within 30 days. There's only one item on the agenda today and there's nothing to be added or changed at this point. The approval of the prior minutes on June 26th,2014,I reviewed those and they're good as submitted, so they can be sent in for recording. And then the first advertised public hearing today is Petition No ZVL-PL20140001300,Robert Duvall for the White Lake Industrial Corporate Park PUD. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part,I have talked to the applicant both on the phone and briefly today. I've had a series of discussions with staff,and that's about all. And there's two exhibits that will be entered into the record. The first is Exhibit A,will be the legal advertisement. The second is Exhibit B,it will be the staff report. With that said,Ray? MR.BELLOWS: In regard to Exhibit B,the staff report,I just would like to point out I have a typo correction to make on Page 4. HEARING EXAMINER STRAIN: Okay. MR.BELLOWS: Where it says staff recommends Collier County Hearing Examiner affirm the opinion of planning zoning director that the use of--and that should say laundry,not the indoor storage. HEARING EXAMINER STRAIN: Okay,that will be so noted. Okay,the--I've read the staff report and everything that--and all the discussions from my concerns over this issue. Has any--does the applicant have anything they'd like to add to the record? You'll need to use the mic and identify yourself. Patrick? MR.VANASSE: For the record,Patrick Vanasse. Nothing substantive. Just want to correct,for the record,the applicant's name is Bruce Duvall. I think you said Robert. HEARING EXAMINER STRAIN: Did I? MR.VANASSE: Great actor,but-- HEARING EXAMINER STRAIN: Well,the petition actually is listed under Robert Duvall,so that's why I read it that way. Okay,thank you. Mr.Duvall,I'm sorry we got your name wrong. Nothing else for the record from the applicant. Ray,does staff have anything they want to add besides that correction under the staff recommendation and the reference to indoor storage? MR.BELLOWS: That's all I have. HEARING EXAMINER STRAIN: Okay. That's the only items I have. I don't have any other questions. That will be the end of this particular hearing. My decision will be rendered within 30 days, probably by next week. With that,thank you for attending and this meeting as adjourned. ***************** Page 2 of 3 July 24,2014 HEX Meeting There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:06 a.m. COLLIER COUNTY HEARING EXAMINER MAR l!mitt STRAIN, I -AR G EX MINER Art EST: DWIGHT E.BROCK,CLERK These minutes approved by the Hearing Examiner on �_ I 1 - Z ICI as presented Li- as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES,INC. BY CHERIE' R.NOTTINGHAM,CSR,COURT REPORTER AND NOTARY PUBLIC Page 3 of 3