HEX Transcript 01/12/2017 January 12,2017 HEX Meeting
II
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
January 12,2017
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,Zoning Manager
Daniel Smith,Principal Planner
Peter Shawinsky,Architect
Heidi Ashton-Cicko,Managing Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JANUARY 12,2017 IN CONFERENCE ROOM 610
AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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: December 8, 2016
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. PDI-PL20160000997 - Johnson Development Association, Inc. requests an
insubstantial change to Ordinance No. 99-91, as amended, the Sierra Meadows PUD, to amend Section
IV,the Commercial District, by adding a deviation from LDC Section 5.05.08 D.2.a, to allow overhead
doors on the east and south primary facades of a self-storage building,only for the property described in
Exhibit D, located on the southwest corner of Rattlesnake Hammock Road and Coyote Drive,
approximately 500 feet west of Collier Boulevard, in Section 22, Township 50 South, Range 26 East,
Collier County, Florida, consisting of 2.07± acres. [Coordinator: Daniel J. Smith, AICP, Principal
Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
January 12,2017 HEX Meeting
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,January
12th meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Housekeeping matters for today: Individual speakers will be
limited to five minutes unless otherwise waived,decisions are final unless appealed,and a decision will be
rendered within 30 days.
Review of the agenda: We have one advertised public hearing for today,and that's the only one on
the agenda.
The approval of prior minutes meeting for December 8th,2016: They're approved as submitted,so
they can be recorded.
That takes us to the advertised public hearings: Petition No.PDI-PL20160000997,Johnson
Development Association,Inc.,requesting a substantial change to a PUD for a storage facility and architectural
issues involving that facility.
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: For disclosures on my part,except for a brief comment this
morning to the applicant,I haven't talked to anybody. I don't even think I've had this discussion with staff on
this particular one. If I did,I don't remember it.
I have reviewed all the files. This one had come before this office before. This is one of the issues
that,I guess,is left over from that previous submittal.
Are there any members of the public here interested in this particular action?
(No response.)
HEARING EXAMINER STRAIN: No. Okay. There are all staff members,and the applicant has
one representative,and that's Christina Johnson. If you don't mind coming to the podium,Christina. I won't
need a presentation. I just have a couple questions.
MS.JOHNSON: Good morning.
HEARING EXAMINER STRAIN: Good morning.
Christina,I've read everything,and it's pretty straightforward. There are a couple issues of the
justification that I wanted to ask for clarification on.
You've noted there will be four overhead doors on the east elevation and 15 overhead doors on the
south elevation,not to exceed those numbers. Is that still your intention?
MS.JOHNSON: Yes.
HEARING EXAMINER STRAIN: Okay. A Type B buffer is required across both those
elevations,but I notice in your justification it says also the landscape buffer width has been increased by five
feet from the standard 10-foot-wide Type D buffer to a 15-foot-wide Type B buffer. And that you're still
intending to do?
MS.JOHNSON: Correct. And we're still proposing a 15-foot Type B buffer.
HEARING EXAMINER STRAIN: Okay. Also in your justification you said the self-storage units
are only intended to allow easier--I'll start with the beginning of the sentence. Unlike overhead doors for
automotive repair shops,the overhead doors for these self-storage units are only intended to allow easier access
to the units and will not allow tenants to make repairs,use tools,or occupy the unit for anything other than
dropping off or picking up their items.
Are you still--is that a statement that,as a stipulation,would still be consistent with what you intend to
use those overhead door areas for?
MS.JOHNSON: Yes.
HEARING EXAMINER STRAIN: You also are looking at some enhancements to the east and south
facades.They're in the justification. My assumption is those are what staff will be reviewing too,so I would
consider those also stipulations to the change request.
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January 12, 2017 HEX Meeting
MS.JOHNSON: Yes.
HEARING EXAMINER STRAIN: Okay. With those items,that's the only issues I found. Just to
make sure--I want to make sure that those, if they were included as stipulations,you didn't have any issues
with them. It doesn't sound like you do.
MS.JOHNSON: Yeah. No issues with those stipulations.
HEARING EXAMINER STRAIN: That's all I've got.Thank you,Christine.
There's nobody here from the public,so we won't have any other questions of you.
MS.JOHNSON: Okay. Thank you.
HEARING EXAMINER STRAIN: Thank you.
Is there a staff report?
MR. SMITH: Thank you,Mr.Chair. Staff recommends the Collier County Hearing Examiner
approve Petition PDI-PL20160000997 with the stipulations talked about earlier.
HEARING EXAMINER STRAIN: Okay. And I wanted to mention--and,Ray,maybe we could
look at this for both the Planning Commission and this office. If an applicant justifies a deviation with certain
criteria,such as the ones that I just talked to Christine about,instead of having those added by myself or by the
Planning Commission,couldn't staff include those in their recommendations since staffs review was based on
that justification?
MR.BELLOWS: For the record, Ray Bellows. If I understand correctly,we should be doing those
kinds of analysis and making it more clear that-- I know when we review the application,that kind of
justification's in there. But if it's not clear enough in the staff report,that we write,that it's--you know,staff is
writing their--or relaying their justification,if I'm understanding correctly,you want it more clear?
HEARING EXAMINER STRAIN: Well,what happens is the deviations are added to the back of the
PUD,and they're just--here's the deviation.
MR. BELLOWS: Oh, I see what you're saying.
HEARING EXAMINER STRAIN: And the conditions on which that deviation really was approved,
you'd have to go back and dig up this old research. And when someone comes into the front counter with this
particular building and it's reviewed by the SDP people,they may not get back in this history to realize what
they had committed to.
And I'm suggesting,instead of just saying you recommend--here it's recommended for approval with
four attachments. When you recommend for approval,if there are stipulations that were used to justify the
deviation for both boards,including the BCC as well,to see those as part of the recommendation. It would
make it real clear as to why you're approving that recommendation.
I'm just suggesting it might be a better way to move forward with these.
MR. BELLOWS: Yeah. I mean,that does sound like it makes sense to be more in line with that.
HEARING EXAMINER STRAIN: Okay. Take a look at it. And if it works out for something that
staff could do in itemizing their staff recommendations,I think that would reflect better on how staff looked at
this as well as make it easier for the Board to understand why this is a good or bad thing to do,if you support it.
MR.BELLOWS: Yeah.
HEARING EXAMINER STRAIN: And does anybody have anything else they want to add to this
particular case?
(No response.)
HEARING EXAMINER STRAIN: Okay. We'll close the public hearing,and a decision will be
rendered within 30 days.
With that,that takes us back to our rather lengthy agenda. There is no other business. There
are--any members of the public here to comment?
(No response.)
HEARING EXAMINER STRAIN: And since I see 12 staff members,I know there's no public here.
And this meeting is hereby adjourned.
Thank you.
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January 12,2017 HEX Meeting
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:08 a.m.
ACOLLIER COUN HE RING EXAMINER
t ; 1",1'..L k i "1,-L 'k,,
MARK STRAIN,-HEARING EXAMINER
ATTEST
DWIGHT E. BROCK,CLERK
These minutes approved by the Hearing Examiner on s : ' 1 ,as presented L---'
oras corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC.,
BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC.
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