HEX Transcript 03/23/2017 March 23, 2107 HEX Minutes
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
March 23,2017
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
Scott Stone,Assistant County Attorney
it
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MARCH 23,2017 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:
4. ADVERTISED PUBLIC HEARINGS:
NOTE: This item has been continued from the March 9,2017 HEX Meeting and the March 23,2017
HEX Meeting to the April 13,2017 HEX Meeting.
A. PETITION NO. VA-PL20160002992 - Mark Adrian Williams and Donna Marie Delvecchio
request a variance from Ordinance 81-29, as amended, the Wyndemere PUD, to reduce the minimum
rear yard setback on conventional single family lots from 10 feet to 6.2 feet for an existing pool screen
enclosure and patio, located at Lot 50, The Lodgings at Wyndemere Section One subdivision, also
described as 8 Bramblewood Point, in Section 19, Township 49 South, Range 26 East, Collier County,
Florida,consisting of 0.33±acres. [Coordinator:Eric Johnson, Principal Planner]
B. PETITION NO. PDI-PL20160001023—Villas at Greenwood Lakes Homeowners Association, Inc.
requests an insubstantial change to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the
Windsong PUD, to amend the Master Plan to reconfigure the preserve area location on the east side of
the PUD. The subject property is located on the northwest corner of the County Barn Road and
Rattlesnake-Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier
County,Florida,consisting of 37.6 acres. [Coordinator:Daniel J. Smith,AICP,Principal Planner]
C. PETITION DR-PL2016001391 — Petitioner, Tamiami Ford, Inc. requests approval of a site plan
with deviations pursuant to LDC Section 10.02.03.F and seeks two deviations from LDC Section
5.05.08 C. relating to building design standards for a proposed Tamiami Ford redevelopment project
consisting of 7.02± acres, located on the northeast corner of the Airport-Pulling Road and Mercantile
Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator:
Daniel J. Smith,AICP,Principal Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
March 23,2107 HEX Minutes
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone.Welcome to the March 23rd meeting
of the Collier County Hearing Examiner's Office.
If everybody will please rise for the Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you. We have a pretty abbreviated meeting this
morning. And I notice that there is no members from the public that are here,other than the applicant's team
for the one remaining item.
I'm going to dispense with reading the standard elements of our process here today since everybody is
familiar with it and move right into the next agenda item,which is Review of the Agenda.
And under 4(A),Petition No.VA-PL20160002992,Mark and Adrian Williams and Donna Marie
Delvecchio. It's for a Wyndemere PUD variance. That one was continued last time and will be continued
again until April 13th,2017 meeting in this room.
The other item is 4(B). It's Petition PDI-PL20160001023,Villas at Greenwood Lakes Homeowners
Association,Inc. This item has been-- it will not be heard today. It will be readvertised and heard in the
future at another meeting. We don't know yet what particular meeting,whether it will be here or maybe at the
Board of County Commissioners,depending on the process they have to go through.
And that leaves us with one item remaining on today's agenda,which is 4(C).
We'll move the other item--3 on the agenda is Approval of Prior Minute Meetings. There are none.
So obviously there won't be any to announce approval on.
And that does take us then to 4(C). 4(C)is Petition DR-PL2016001391. The Petitioner is Tamiami
Ford,Inc. It's for a site plan with deviations for their existing facility over in the Airport-Pulling
Road/Mercantile Avenue area.
All those wishing to testify,at this time please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the
affirmative.)
HEARING EXAMINER STRAIN: Are there any members of the public here,other than the
applicants?
(No response.)
HEARING EXAMINER STRAIN: No.
Disclosures on my part, I have talked with the applicant's representative,Mr.Hood. I have talked
with staff. The conversations mostly centered around clarification of exhibits that were to be used today.
Staff did revise their recommendations,submitted a page today. The court reporter has a copy of it
for the record. And there are two much clearer exhibits that were provided in response to the questions that I
had raised previously. And those are my disclosures.
And,Fred,since I have read everything and we have talked over the one--a couple of issues that need
to be clarified, I don't have any other questions.
Let me make sure of that. Justifications. The only clarification I would like to know is the staff
recommendations that were revised and recently provided,do you have any objections to those?
MR. HOOD: We don't.
HEARING EXAMINER STRAIN: Okay. I don't have anymore questions. That's the only item I
had to question. Everything seems to be cleared up in that regard.
Is there a staff report?
MR. SMITH: Thank you,Mr. Strain. Staff recommends approval of deviation DR--the two
deviations,DR-PL20160001391 with the changes for the architectural drawings on Exhibit SD-01,and for the
landscaping exhibit,offer/plant material sheet one.
HEARING EXAMINER STRAIN: Okay. Thank you.
Peter,I notice--you're our resident architect.From your perspective--and I like it when you attend so
I can always ask you: Do you have any disagreement with staffs position on this or any part of the overall
review?
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March 23,2107 HEX Minutes
MR. SHAWINSKI: At this point I do not.
HEARING EXAMINER STRAIN: Okay. Those are the only questions I have.
Anybody else have anything else on the staffs side they want to comment?
(No response.)
HEARING EXAMINER STRAIN: Any members of the public that are here would like to speak on
this matter?
(No response.)
HEARING EXAMINER STRAIN: Okay. Fred, unless you want to add something to the record,
we'll close the meeting.
And I will have a decision to you rather quickly.Technically no longer than 30 days,but I can tell you
it will be quicker than that.
MR. HOOD: Okay. Thank you. I
HEARING EXAMINER STRAIN: Thank you.
That takes us to our Other Business. There is none.
Is there any members of the public here wishing to comment?
(No response.)
HEARING EXAMINER STRAIN: No to that.
This meeting is adjourned. Thank you.
MR. HOOD: Thank you.
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:05 a.m.
C LLII£R COUNT\ HEARING EXAMINER'
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MARK STRAIN, HEARING EXAMINER
ATTEST:
DWIGHT E. BROCK,CLERK
These minutes approved by the Hearing Examiner on ,as presented ..--
or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT INC.,
BY KELLEY MARIE NADOTTI, RPR, FPR,COURT REPORTER AND NOTARY PUBLIC.
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