HEX Transcript 01/25/2018January 25, 2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida
January 25, 2018
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
Fred Reischl, Principal Planner
Scott Stone, Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 25, 2018 IN CONFERENCE ROOM 610
AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION 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. ADVERTISED PUBLIC HEARINGS:
NOTE: This item has been continued from the January 11, 2018 HEX Meeting.
A. PETITION NO. PDI-PL20170002544 – Livingston Pro Center, LLC requests an insubstantial
change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback,
revise a development commitment relating to transportation, add two new development
commitments relating to utilities, add two new deviations relating to landscaping and buffering,
remove one deviation relating to sidewalks and bike paths, modify the plant material notes on
Exhibit “C,” and revise the Master Plan to reflect these changes. The subject property is located on
the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in
Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of ±13 acres.
[Coordinator: Fred Reischl, Principal Planner]
NOTE: This item has been continued from the January 11, 2018 HEX Meeting.
B. PETITION NO. PDI-PL20160003482 – Distinctive Residential Development at Livingston,
LLC requests an insubstantial change to Ordinance No. 2008-06, as amended, the Pezzettino Di
Cielo RPUD, to add two deviations relating to landscape buffers and fence/wall height, to delete one
deviation relating to cul de sac length, to modify development standards relating to minimum
principal and accessory structure setbacks, to add a new cross section exhibit, and to revise the
Master Plan to reconfigure the site layout. The subject property is located on the east side of
Livingston Road, approximately one-half mile north of Veterans Memorial Boulevard, in Section
12, Township 48 South, Range 25 East, Collier County, Florida, consisting of ±17.52 acres.
[Coordinator: Nancy Gundlach, Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
January 25, 2018 HEX Meeting
HEARING EXAMINER STRAIN: Everybody, good morning. Welcome to the Thursday, January
25th 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.
A few housekeeping matters. 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.
We have one case today and that's the second hearing of that case. Your decision will be out rather
quickly.
With that, the other part of the agenda is review the agenda itself. We have two items, 3.A and 3.13,
both continued from two weeks ago. 3.13 will need to be continued again. It's Petition No.
PDI-PL20160003482. And that will be continued to the February 22nd meeting. There's no meeting on the
first meeting in February, so it will be the 22nd.
And the item -- I've talked to the applicant about this particular case. There's a possibility it could go
to the Planning Commission at some point between now and the next time it's heard. If the applicant chooses
to maybe expedite the process by moving it to the Planning Commission, you'll be more than welcome to call
in, we'll get staff direction and it can be done.
In the meantime, the advertising that's already been put in place for the Hearing Examiner's Office will
remain in place for that meeting on the 22nd, unless otherwise directed.
Does anybody -- I know the applicant's here. Are there any questions from you guys?
(No response.)
HEARING EXAMINER STRAIN: Okay. With that, that item 3.13 will be continued to February
22nd. Thank you.
That brings us to the only remaining advertised public hearing. It's a continuation of Petition No.
PDI-PL20170002544, the Livingston Pro Center. And it's also known as the Hiwasse PUD. It's on
Livingston Road just south of Pine Ridge.
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've talked to various members of
staff, including other departments such as our appraisal department. I've discussed the issues with the
applicant and County Attorney's Office over what to measure the property lines from.
A lot of new information was provided, some issues from the last meeting as directed were worked
out.
And any members of the public here specifically for this item?
(No response.)
HEARING EXAMINER STRAIN: Okay, seeing none, Bob, we don't have to do another
presentation. Let's simply move into the document itself.
If you could just mind going over the changes real quick for the record, then the one I asked you about
this morning as well.
MR. MULHERE: Sure. For the record, Bob Mulhere with Hole -Montes here on behalf of the
applicant.
There was some really minor changes. There was a question about whether in fact the PUD boundary
was the property line. So originally the highlighted section said Livingston Road, 25 feet measured from the
property line.
Since there was some question about that, although the legal description in the PUD clearly defines
that as the property line, we've changed that to reflect the phraseology of PUD boundary. So that will make it
clear.
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January 25, 2018 HEX Meeting
We've done it on both of those two setbacks, Livingston Road as well as Eatonwood Lane. There is a
legal description in the PUD that matches, so...
The other change, I'll show you the minor changes on the master plan too, was at the last hearing that
you had requested a condition that deviation related to foundation plantings be restricted to the actual use of the
property, which is automobile self -storage. You suggested that we remove the reference in parenthesis there
SIC Code 4225, which we're happy to do, just in case anything changes in the future. It doesn't quite have to
be that specific, it's self-explanatory without that parenthetical phrase. So we would remove that and then
send it to you after this meeting.
Just to show you the changes on the master plan, they reflect the same changes in the PUD document.
Highlighted in yellow. It's a little hard to see. I'm not sure how to zoom it so I m not going to even try.
HEARING EXAMINER STRAIN: That's fine, Bob.
MR. MULHERE: Right here, 25 feet measured from the PUD boundary from Livingston. And
from Eatonwood, 24 feet measured from the PUD boundary. So it matches the PUD document.
That is the extent of the changes.
I did want to also mention at the last meeting we had a representative here from Kensington who spoke
in favor of the project, represented the master association.
HEARING EXAMINER STRAIN: They also sent a letter of no objection as well on that.
Scott?
MR. STONE: Bob, there was one additional change. On Exhibit A-1, there was a labeling change.
MR. MULHERE: Yes, thank you.
MR. STONE: On the top left. Instead of property line it --
MR. MULHERE: Oh, PUD boundary. Yeah, right here. Thank you. Thanks for pointing that
out, Scott.
I have just the reference to the setbacks, which, you know, serve just to clarify where they're measured
from.
HEARING EXAMINER STRAIN: Anything else from your department, Scott?
MR. STONE: No.
HEARING EXAMINER STRAIN: I have no other questions, Bob. Everything was handled since
the last meeting. So I think from that perspective I don't have anything else to add to it.
Turn to staff. Is there any -- based on the information you've seen today, Fred, which some of it just
happened this morning in regards to striking of the SIC Code, does staff have any objections or changes to their
position on it?
MR. REISCHL: Thank you, Mr. Strain. Fred Reischl with Planning and Zoning.
No objections to what's been presented this morning. And my recommendation continues from last
meeting for approval.
HEARING EXAMINER STRAIN: Are there any members of the public here who would like to
speak on this item?
(No response.)
HEARING EXAMINER STRAIN: Hearing none, Bob, everything is complete as necessary. That
will end the particular discussion on this case and I will have a decision rendered probably no later than next
week.
MR. MULHERE: Thank you.
HEARING EXAMINER STRAIN: Okay, thank you, sir.
With that, that's the only item on the advertised public hearings on the agenda.
The other item is any other business?
(No response.)
HEARING EXAMINER STRAIN: I have none to discuss.
Are there any public comments?
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January 25, 2018 HEX Meeting
(No response.)
HEARING EXAMINER STRAIN: Hearing none, this meeting is adjourned. Thank you.
************
There being no further business for the good of the County, the meeting was adjourned by order of the
Hearing Examiner at 9:07 a.m.
COIr7T7t7 INER
STRAIN, ffEARING EXAMINER
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Hearing Examiner on _Z -$ — 19, as presented L,-� or as
corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC.
BY CHERIE NOTTINGHAM, COURT REPORTER AND NOTARY PUBLIC.
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