The URL can be used to link to this page

Agenda 10/24/2023 Item #16K6 (To have appeal of an Official Interpretation heard by the Hearing Examiner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ecommendation that the Board direct that the Appeal of Official Interpretation PL20230010644 regarding the interpretation of “neighborhood fitness and community center” in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. OBJECTIVE: To have the appeal of an Official Interpretation heard by the Hearing Examiner. CONSIDERATIONS: The Land Development Code authorizes as a Conditional Use in the Golf Course and Recreational Use Zoning District (GC District) “Neighborhood fitness and community centers.” (See LDC Sec. 2.03.09). Anthony P. Pires, Jr., Esq., on behalf of the Lakewood Community Services Association, Inc. (“Lakewood”), requested staff issue an Official Interpretation as to what type of facility qualifies as a “neighborhood fitness and community center”, that is, what use or uses constitute a neighborhood fitness and community center. On August 18, 2023, staff issued its Official Interpretation. Briefly stated, Mr. Pires and Lakewood are of the opinion that a neighborhood fitness and community center is a use that only serves the local community. Staff’s Official Interpretation is the use that serves a broader community. On September 18, 2023, Lakewood timely filed its appeal of the Official Interpretation. The outcome of the appeal will have a direct impact upon a pending petition, PL20210000151, for a proposed neighborhood fitness and community center for STARability at the former Lakewood Clubhouse, as well as all other properties in the County located in the GC District. The 1967 Special Act of the Florida Legislature and County Ordinances allow either the Board of Zoning appeals or the Hearing Examiner to hear the appeal. Due to the land use expertise of the Hearing Examiner, the County Attorney recommends that the Hearing Examiner hear this appeal. Lakewood, in its appeal, citing to the Land Development Code (LDC), Collier County’s Land Development, Administrative Procedure Manual, and prior actions by the Board, has requested the appeal be heard by the Board of County Commissioners, sitting as the Board of Zoning Appeals. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To direct that the Appeal of Official Interpretation PL20230010644 be sent to the Hearing Examiner for a public hearing and decision on the appeal. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (PDF) 2. Attachment A-Special Act and Ordinance authority for HEX to hear appeal (PDF) 3. Attachment B- OI-PL20230010644 (PDF) 4. Appeal Narrative Re BCC.BZA (PDF) 16.K.6 Packet Pg. 1841 10/24/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.6 Doc ID: 26212 Item Summary: Recommendation that the Board direct that the Appeal of Official Interpretation PL20230010644 regarding the interpretation of “neighborhood fitness and community center” in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. Meeting Date: 10/24/2023 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 07/25/2023 3:12 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 07/25/2023 3:12 PM Approved By: Review: Office of Management and Budget Wanda Rodriguez Level 3 OMB Gatekeeper Review Skipped 10/16/2023 9:40 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/16/2023 10:51 AM Zoning Mike Bosi Additional Reviewer Completed 10/16/2023 1:47 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/18/2023 8:45 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM 16.K.6 Packet Pg. 1842 16.K.6.a Packet Pg. 1843 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : 16.K.6.a Packet Pg. 1844 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : 16.K.6.a Packet Pg. 1845 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : 16.K.6.a Packet Pg. 1846 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Folio Number: 53750160001 Name: LAKEWOOD COMM SERV ASSOC INC Street# & Name: Build# / Unit#: B / 1 Legal Description: LAKEWOOD UNIT 1 UNDIV BLK B LT 1 THAT PORT OF BLK B DESC AS COMM NWLY CRN BLK B, S 39 DEG E 94FT, N 50DEG E 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=... 1 of 1 5/30/2023, 1:47 PM 16.K.6.a Packet Pg. 1847 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Folio Number: 53754440109 Name: LAKEWOOD COMM SERV ASSOC INC Street# & Name: Build# / Unit#: RW / 1 Legal Description: LAKEWOOD UNIT 1 DRAINAGE R/W ADJACENT TO LOTS 1, 2 AND 3, BLOCK H; NKA DRAINAGE R/W 1 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=... 1 of 1 5/30/2023, 1:48 PM 16.K.6.a Packet Pg. 1848 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Folio Number: 53754440206 Name: LAKEWOOD COMM SERV ASSOC INC Street# & Name: Build# / Unit#: RW / 2 Legal Description: LAKEWOOD UNIT 1 DRAINAGE R/W LYING BETWEEN BLOCK "L" AND BLOCK "H"; NKA DRAINAGE R/W 2 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=... 1 of 1 5/30/2023, 1:49 PM 16.K.6.a Packet Pg. 1849 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Folio Number: 53900040007 Name: LAKEWOOD COMM SERV ASSOC INC Street# & Name: Build# / Unit#: A / 1 Legal Description: LAKEWOOD UNIT 4 OUTLOT A LOT 1 OR 1082 PG 818 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=... 1 of 1 5/30/2023, 1:50 PM 16.K.6.a Packet Pg. 1850 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Aerial Year:2023Sales Year:OFFAerial Photography: January - 2023 Urban [6IN] - 2023 Rural [2FT] - 2023 Rural [10FT] - 2023 Rural [50FT] Introduction Search for Parcels by Search Results Layers Legend PrintTitle:PARCEL ID 0039328000Paper Size:Letter (8.5 X 11)Orientation:LandscapeCollier County Property Appraiser Mapshttps://maps.collierappraiser.com/map.aspx?folio=53750040008&msize=L1 of 15/30/2023, 2:01 PM16.K.6.aPacket Pg. 1851Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 16.K.6.aPacket Pg. 1852Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 16.K.6.aPacket Pg. 1853Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. COLLIER BLVDTURNER RIVER ROADSR 29INTERSTATE 75 IMMOKALEE RD OIL WELL RD COLLIER BLVDTAMIAMI TRL E CR 846 SR 82 LIVINGSTON RDSR 29 NSAN MARCO RDTAMIAMI TRL NDAVIS BLVDGOODLETTE RD NPINE RIDGE RD EVERGLADES BLVD NRADIO RD GOLDEN GATE PKY DESOTO BLVD SLOGAN BLVD NSANTA BARBARA BLVDDESOTO BLVD NVANDERBILT BEACH RD GOLDEN GATE BLVD EVANDERBILT DREVERGLADES BLVD SAIRPORT PULLING RD CORKSCREW RDGOLDEN GATE BLVD W CO P E L A N D A V E S9TH ST NS 1ST STN 15TH STB A L D E A G L E D R N B A R F I E L D D R GREEN BLVDOLD US 41LAKE TRAFFORD RD RATTLESNAKE HAMMOCK RD WILSON BLVD NN COLLIER BLVDS BARFIELD DRCOUNTY BARN RDS COLL IER BLVD BONITA BEACH RD 111TH AVE N COLLIER AVENE W M A R K E T R D W WILSON BLVD SW MAIN ST WIGGINS PASS RD 9TH ST SSEAGATE DR I-75 S I-75 NSR 29Tamiami TRL E Oil Well RD Immokalee RD Collier BLVDEverglades BLVDSR 82 CR 846 E Livingston RDDesoto BLVDSan Marco RDAirport RD NTamiami TRL NSR 29 NWilson BLVDDavis BLVD Pine Ridge RD Radio RD Logan BLVD NVanderbilt Beach RDVanderbilt DRGoodlette-Frank RD NRandall BLVD Golden Gate PKWY Camp Keais RDCorkscrew RDSanta Barbara BLVDGolden Gate BLVD E 9th ST NOld 41Bald Eagle DRN Collier BL V D Westclox ST Thomasson DR E M a i n S T Bayshore DRSmallwood DRI-75 NI-75 SBayshore DRI- 7 5 S I-75 SI-75 SI-75 N °HENDRY COUNTYMONROE COUNTY LEE COUNTY HENDRY COUNTY 2012-2025FUTURE LAND USE MAPCollier County Florida DETAILS OF THE RLSA OVERLAY AREA ARE SHOWNON THE FUTURE LAND USE MAP TITLED:"COLLIER COUNTY RURAL & AGRICULTURAL AREA ASSESSMENT STEWARDSHIP OVERLAY MAP" BAREFOOT BEACH PRESERVECOUNTY PARK DELNOR- WIGGINS STATE PARK CLAM PASSCOUNTY PARK CLAMBAYNRPA ROOKERY BAYNATIONAL ESTUARINERESEARCH RESERVE CITYOFNAPLES TIGERTAIL BEACHCOUNTY PARK CITY OF MARCO ISLAND COLLIER-SEMINOLE STATE PARK CAPE ROMANO PORTOF THEISLANDS CAPE ROMANO - TEN THOUSAND ISLANDSAQUATIC PRESERVE EVERGLADES NATIONAL PARK CHOKOLOSKEE PLANTATIONISLAND EVERGLADESCITY COPELAND BIG CYPRESS NATIONAL PRESERVE FAKAHATCHEE STRAND PRESERVE STATE PARK FLORIDA PANTHER NATIONAL WILDLIFE REFUGE SOUTH GOLDENGATE ESTATESNRPA BELLEMEADENRPA NORTHBELLEMEADENRPA IMMOKALEE CORKSCREWSWAMPSANCTUARY CREWNRPA LAKETRAFFORD R 25 E R 26 E R 27 E R 28 E R 29 E R 30 E R 31 E T 46 ST 47 ST 48 ST 49 ST 50 ST 51 ST 52 ST 53 SR 25 E R 26 E R 27 E R 28 E R 29 E R 30 E R 31 E R 32 E R 33 E R 34 ET 46 ST 47 ST 48 ST 49 ST 50 ST 51 ST 52 ST 53 S!"#$75 !"#$75 !"#$75 !"#$75 !"#$75 !"#$75 !"#$75 Æþ41 Æþ41 Æþ41 Æþ41 Æþ41 Æþ41 Æþ41 Æþ41 GOODLANDGu lfof Mex i c o 0 1 2 3 4 50.5 Miles J ?EXEMPTAREA PREPARED BY: BETH YANG, AICPGIS/CAD MAPPING SECTIONGROWTH MANAGEMENT DEPARTMENTFILE: FLU_2021_0521.mxdDATE: 5/3/2021 GOLDEN GATE Veterans Memorial BLVD R 32 E R 33 E R 34 E URBAN DESIGNATION (1) THIS MAP CAN NOT BE INTERPRETED WITHOUT THE GOALS, OBJECTIVES AND POLICIES OF THE COLLIER COUNTY GROWITH MANAGEMENT PLAN.(2) THE FUTURE LAND USE MAP SERIES INCLUDES NUMEROUS MAPS IN ADDITION TO THIS COUNTYWIDE FUTURE LAND USE MAP. THESE MAPS ARE LISTED AND LOCATED AT THE END OF THE FUTURE LAND USE ELEMENT TEXT.(3) MOST SUBDISTRICTS AS DEPICTED MAY NOT BE TO SCALE. THE FUTURE LAND USE MAP SERIES DEPICTS THESE SUBDISTRICTS TO SCALE.(4) THE CONSERVATION DESIGNATION IS SUBJECT TO CHANGE AS AREAS ARE ACQUIRED AND MAY INCLUDE OUTPARCELS.(5) REFER TO THE GOLDEN GATE AREA MASTER PLAN AND THE IMMOKALEE ARE MASTER PLAN FOR FUTURE LAND USE MAPS OF THOSE COMMUNITIES. NOTE : MIXED USE DISTRICT BUSINESS PARK SUBDISTRICTOFFICE AND INFILL COMMERCIAL SUBDISTRICTPUD NEIGHBORHOOD VILLAGE CENTER SUBDISTRICTRESIDENTIAL MIXED USE NEIGHBORHOOD SUBDISTRICT RURAL FRINGEMIXED USE DISTRICT AGRICULTURAL / RURAL DESIGNATION AGRICULTURAL/RURAL MIXED USE DISTRICT Conservation Designation Estates Designation FUTURE LAND USE MAP ADOPTED - JANUARY, 1989 AMENDED - JANUARY, 1990 AMENDED - FEBRUARY, 1991 AMENDED - MAY, 1992 AMENDED - MAY, 1993 AMENDED - APRIL, 1994 AMENDED - OCTOBER, 1997 AMENDED - JANUARY, 1998 AMENDED - FEBRUARY, 1999 AMENDED - FEBRUARY, 2000 AMENDED - MAY, 2000 AMENDED - DECEMBER, 2000 AMENDED - MARCH, 2001 AMENDED - MAY 14, 2002(Ord. No. 2002-24)AMENDED - JUNE 19, 2002(Ord. No. 2002-32)AMENDED - OCTOBER 22, 2002(Ord. No. 2002-54) AMENDED - FEBRUARY 11, 2003(Ord. No. 2003-7)AMENDED - SEPTEMBER 9, 2003(Ord. No. 2003-43)AMENDED - SEPTEMBER 10, 2003(Ord. No. 2003-44) AMENDED - DECEMBER 16, 2003(Ord. No. 2003-67)AMENDED - OCTOBER 26, 2004(Ord. No. 2004-71) AMENDED - JUNE 7, 2005(Ord. No. 2005-25)AMENDED - JANUARY 25, 2007(Ord. No. 2007-18)AMENDED - DECEMBER 4, 2007(Ord. No. 2007-78,79,81)AMENDED - OCTOBER 14, 2008(Ord. No. 2008-57,58,59) AMENDED - SEPTEMBER 13, 2011(Ord. No. 2011-26)AMENDED - SEPTEMBER 13, 2011(Ord. No. 2011-27)AMENDED - JANUARY 8, 2013(Ord. No. 2013-14)AMENDED - MAY 28, 2013(Ord. No. 2013-41)AMENDED - JUNE 10, 2014(Ord. No. 2014-20) AMENDED - FEBRUARY 10, 2015(Ord. No. 2015-13)AMENDED - APRIL 14, 2015(Ord. No. 2015-26) AMENDED - JUNE 9, 2015(Ord. No. 2015-32)AMENDED - JULY 7, 2015(Ord. No. 2015-42) AMENDED - MAY 24, 2016(Ord. No. 2016-15)AMENDED - JUNE 13, 2017(Ord. No. 2017-22)AMENDED - DECEMBER 12, 2017(Ord. No. 2017-46)AMENDED - MAY 8, 2018(Ord. No. 2018-23)AMENDED - JUNE 12, 2018(Ord. No. 2018-30)AMENDED - SEPTEMBER 11, 2018(Ord. No. 2018-42)AMENDED - SEPTEMBER 25, 2018(Ord. No. 2018-48) OVERLAYS ANDSPECIAL FEATURES AMENDED - SEPTEMBER 24, 2019(Ord. No. 2019-21)AMENDED - OCTOBER 8, 2019(Ord. No. 2019-33) Urban Residential Subdistrict Residential Density Bands Urban Coastal Fringe Subdistrict Urban Residential Fringe Subdistrict Neutral Lands Sending Lands Receiving Lands Rural Industrial District Rural Settlement Area District RURAL COMMERCIAL SUBDISTRICT Corkscrew Island Neighborhood Commercial Subdistrict Area of Critical State Concern Overlay Airport Noise Area Overlay Natural Resource Protection Area (NRPA) Overlay Bayshore/Gateway Triangle Redevelopment Overlay Rural Lands Stewardship Area Overlay Urban-Rural Fringe Transition Area Overlay North Belle Meade Overlay Incorporated Areas Coastal High Hazard Area AMENDED - JUNE 9, 2020(Ord. No. 2020-15) Orange Blossom Mixed Use Subdistrict Vanderbilt Beach / Coller Blvd. Commercial Subdistrict Henderson Creek Mixed Use Subdistrict Goodlette / Pine Ridge Mixed Use Subdistrict Livingston Road / Veterans MemorialBoulevard East Residential Subdistrict Ventana Pointe Residential Overlay AMENDED - JULY 14, 2020(Ord. No. 2020-21)AMENDED - OCTOBER 13, 2020(Ord. No. 2020-31)AMENDED - OCTOBER 27, 2020(Ord. No. 2020-34) AMENDED - NOVEMBER 10, 2020(Ord. No. 2020-42)AMENDED - MARCH 1, 2021(Ord. No. 2021-08) AMENDED - OCTOBER 27, 2020(Ord. No. 2020-36) Meridian Village Mixed Use Subdistrict Vanderbilt Beach Road Mixed Use Subdistrict COMMERCIAL DISTRICT BUSINESS PARK SUBDISTRICTRESEARCH AND TECHNOLOGY PARK SUBDISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subdistrict Livingston / Pine Ridge Commercial Infill Subdistrict Industrial District BUSINESS PARK SUBDISTRICTRESEARCH AND TECHNOLOGY PARK SUBDISTRICT Livingston Road / Eatonwood Lane Commercial Infill Subdistrict Livingston Road Commercial Infill Subdistrict Seed To TableCommercial Subdistrict Vanderbilt Beach CommercialTourist Subdistrict COMMERCIAL MIXED USE SUBDISTRICT Livingston Road / Veterans Memorial Blvd. Commercial Infill Subdistrict Orange Blossom / Airport CrossroadsCommercial Subdistrict Davis-Radio Commercial Subdistrict Logan Blvd./Immokalee Rd. Commercial Infill Subdistrict Germain Immokalee Commercial Subdistrict Greeway - Tamiami Trail East Commercial Subdistrict Bay House Campus Commercial Subdistrict RESEARCH AND TECHNOLOGY PARK SUBDISTRICT COMMERCIAL MIXED USE SUBDISTRICT Hibiscus Residential Infill Subdistrict Livingston Road / Radio Road Commercial Infill Subdistrict Vanderbilt Beach Road Neighborhood Commercial Subdistrict Collier Blvd Community Facility Subdistrict Buckley Mixed Use Subdistrict Vincentian Mixed Use Subdistrict Mini Triangle Mixed Use Subdistrict East Tamiami Trail Commercial Infill Subdistrict EXHIBIT "D" 16.K.6.a Packet Pg. 1854 Attachment: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS (26212 : Requesting Board Direction regarding the Lakewood OI) FROM SPECIAL ACT OF LEGISLATURE, AS CODIFIED IN CODE OF LAWS: Sec. 250-37. County hearing examiner program; implementation. The method and procedures for implementing a county hearing examiner program shall be as set forth by county ordinance. (Laws of Fla. ch. 2001-344, § 1(31)) CODE OF LAWS: Sec. 2-87. Powers and duties of the Hearing Examiner. The Hearing Examiner shall have the following powers and duties: 1. Appeals of Administrative Decision or Interpretation. All type III appeals of administrative decisions or interpretations, as set forth in LDC Section 10.04.04, shall be heard by the Hearing Examiner. All appeals and staff response to such appeals must substantially conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. 2. Variances. The Hearing Examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners. In reaching his decision, the Hearing Examiner must consider: a. The criteria for the type of variance being requested, in particular those set forth in LDC Section 9.04.03; b. Staff recommendations; c. Testimony from the applicant; and d. Testimony from the public. Before granting any variance, the Hearing Examiner must make a finding with respect to each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code, or to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of the LDC. 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor conditional uses. For purposes of this section, a minor conditional use is one which does not re quire Environmental Advisory Council review and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner. However, the Commissioner of the District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the Planning 16.K.6.b Packet Pg. 1855 Attachment: Attachment A-Special Act and Ordinance authority for HEX to hear appeal (26212 : Requesting Board Direction regarding the Commission in an advisory capacity and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing Examiner must consider: a. The factors and criteria set forth in LDC Subsection 10.08.00.D; b. The relevant matters set forth in an applicant's written petition; c. The testimony of any applicant or agent; d. The recommendation of staff; and e. The testimony of the public. As part of his decision, the Hearing Examiner must make the findings required by LDC Subsection 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC Subsection 10.08.00.E. 4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections 5.03.06.G and H. 5. The Board of County Commissioners, by majority vote, may remand any advertised public hearing involving a development order to the Hearing Examiner for the sole purpose of opining on a legal or technical land use issue raised during the hearing. After reviewing the matter utilizing any procedure the Hearing Examiner deems appropriate, which may or may not include an advertised public hearing, the Hearing Examiner will issue a non-binding recommendation to the Board with respect to the issue remanded, which recommendation will become part of the record when the matter is again heard by the Board. 6. To the extent authorized by law, by Resolution of the Board of County Commissioners, the Hearing Examiner may be assigned any and all other powers and duties that have previously been granted to the Collier County Planning Commission or the Board of Zoning Appeals, expressly excepting those powers reserved to the Collier County Planning Commission as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner, either by this ordinance or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. (Ord. No. 2013-25, § 5; Ord. No. 2013-59, § 1; Ord. No. 2020-08 , § 1) LAND DEVELOPMENT CODE: 8.10.00 HEARING EXAMINER A. Establishment and Powers. The Board of County Commissioners established the office of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to time, with the powers and duties set forth therein. B. Role on Planning Commission. The Hearing Examiner may sit as a member of the Collier County Planning Commission as long as the Planning Commission serves solely in an advisory body capacity to the Board of 16.K.6.b Packet Pg. 1856 Attachment: Attachment A-Special Act and Ordinance authority for HEX to hear appeal (26212 : Requesting Board Direction regarding the County Commissioners. While a Hearing Examiner is employed by the County, all powers and duties expressly granted to the Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. (Ord. No. 13-58, § 1.A) 10.04.04 Applications Subject to Type III Review The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances; Parking Agreements. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. Illustration 10.04.04 A. 16.K.6.b Packet Pg. 1857 Attachment: Attachment A-Special Act and Ordinance authority for HEX to hear appeal (26212 : Requesting Board Direction regarding the CHAPTER 3, ADMINISTRATIVE CODE FOR LAND DEVELOMENT 16.K.6.b Packet Pg. 1858 Attachment: Attachment A-Special Act and Ordinance authority for HEX to hear appeal (26212 : Requesting Board Direction regarding the 16.K.6.cPacket Pg. 1859Attachment: Attachment B- OI-PL20230010644 (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.cPacket Pg. 1860Attachment: Attachment B- OI-PL20230010644 (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.cPacket Pg. 1861Attachment: Attachment B- OI-PL20230010644 (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.cPacket Pg. 1862Attachment: Attachment B- OI-PL20230010644 (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1863 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1864 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1865 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1866 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1867 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1868 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI) 16.K.6.d Packet Pg. 1869 Attachment: Appeal Narrative Re BCC.BZA (26212 : Requesting Board Direction regarding the Lakewood OI)