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HEX Minutes 03/27/2025March 27, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida, March 27, 2025 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 2:00 p.m., in REGULAR SESSION at CareerSource, 3050 North Horseshoe Drive, Building A, Suite 110, Naples, Florida, with the following people present: HEARING EXAMINER ANDREW DICKMAN ALSO PRESENT: Michael Bosi, Planning and Zoning Director Raymond V. Bellows, Zoning Manager Nancy Gundlach, Principal Planner Kevin Summers, Manager - Technical Systems Operations March 27, 2025 Page 2 HEARING EXAMINER DICKMAN: Good afternoon, everybody. This is March 27, 2025. Collier County Hearing Examiner meeting. My name's Andrew Dickman. Would you all please join me in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER DICKMAN: Okay. Thank you. I'm going to do my best -- we're in a temporary -- temporary spot, so we don't have the microphones. So everybody can hear me okay? I'm going to try to project my voice a little bit. So my name, as I said, is Andrew Dickman. I'm a Florida Bar attorney. I've been practicing over 20 years in the area of local government, zoning, land use. I am not a county employee. I was contracted by the Board of County Commissioners to fulfill the duties of the Hearing Examiner that are prescribed in the Code of Ordinances to hear basically -- run these meetings and hear the petitions and render decisions. My job is to conduct these quasi-judicial hearings in an impartial manner. By that I mean I have not had any meetings with an applicant or county staff. I haven't had any outside communication, much like you would want a judge to be impartial in a judicial setting. I will disclose that as a practice, I do visit the site beforehand just so I can see it and get a better feel for the situation. Other than that, I'm, again, to listen to the testimony from the county, across from me, listen to the testimony from the applicant or the applicant's representative, take public comment, and then render a decision within 30 days, in writing. I will not be rendering a decision here today. I will take all the evidence that I glean from today, as well as all the information that's in the packet that has been made available to the public and everyone March 27, 2025 Page 3 else on the Internet. I've reviewed all that. This is an in-person hybrid meeting, which means that it's in person as well as via Zoom. So the county has made that available, nicely, for folks that can't attend here during the middle of the day. Anyone that is going to testify here today must do so under oath, and in a minute I'll start that process and have the court reporter swear anybody in that's going to testify. Speaking of the court reporter, you can see she is here. She is taking verbatim transcripts of everything that is being said. This is very important. Frequently, I will go back and look at the transcripts if I need to clarify something in my mind about something while I'm writing the decision. I have more than once or twice looked at transcripts that are several years old if I want to get a sense of a property that has already gone before the Hearing Examiner before me and wanting to look at that. So it's a very nice feature that the county provides. But in doing so, we all have to speak very clearly, not talk over each other, not answer questions or say things with hand gestures or nodding because that just doesn't get captured by a court reporter, or I guess it could, but it won't really mean anything. If at any moment there's a problem with the transcribing of what's being said, the court reporter here to my left has the ability to just say, "Stop, I need to capture that," you know, so it's pretty informal. This is not a formal -- although it is formal in its process, I want anyone who's here to speak to be comfortable, relax. My main objective is to get the information that I need based on the criteria that's set for whatever petition comes before me, and you can -- the public is allowed to say anything they want, but it would be more helpful to me to really get fact-based information about the application, and that will help me when I make these decisions. March 27, 2025 Page 4 So the process that we're going to follow is the county planner will start it off and give me some basic information about the application, any recommendations or any conditions that they would recommend, their analysis, things of that nature. Then we'll go to the applicant or the applicant's representative, using this middle podium, and they will put on their case in chief. Then at that point, we'll allow the public -- we'll open it up for public comment. If there is anyone here from the public to speak, please fill out a speaker's card -- I believe they're in the back of the room -- and provide it to staff. And then we will take public comment. And then if there are -- if there are some issues that need to be addressed, I'll allow the applicant time for rebuttal. And then I may ask some questions during the process. If I'm not looking at you while you're speaking, please don't be offended, because I'm probably taking notes or looking at things that are in my file, so I just want you to know that I'm not ignoring you. I really, really take these hearings seriously because I think it's -- it takes a long time to get through the process, to get here, and I want to make sure that these are done -- these are conducted properly, because once this is over with, I cannot take phone calls, I can't call and have what are called ex parte communications that the other party wouldn't know about. It's -- basically, this is closing the record, and then I will take it and deliberate on it and render a written decision. So with that, I will ask anyone who is going to speak here today before me, please stand, raise your right hand, and the court reporter will administer the oath. Anybody else going to speak? Yeah, even applicants or the public. Anybody. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 27, 2025 but the truth? (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER DICKMAN: All right. Thank you. So let's get started. I understand we only have one item on the agenda today, correct? MR. BOSI: Yes, correct. MR. BELLOWS: Yes. HEARING EXAMINER DICKMAN: Great. Hi, Nancy. Good to see you. MS. GUNDLACH: Good afternoon, Mr. Hearing Examiner. Is it okay if I stand here and present? HEARING EXAMINER DICKMAN: Absolutely, yes. I know you don't want to turn your back on the folks. MS. GUNDLACH: Exactly. HEARING EXAMINER DICKMAN: I get it. MS. GUNDLACH: Well, for the record, I'm Nancy Gundlach, Planner III, with the Zoning division. And before you is the Shadowlawn Drive Multifamily Limited Density Bonus Pool Allocation, also known as the LDBPA. This is a request to allow for an allocation of two units from the limited density bonus pool and to allow for the final development of nine multifamily residential dwelling units at 1795 Shadowlawn Drive, and that's in the Gateway Triangle Zoning Overlay. This petition was reviewed by staff based on the criteria outlined in the Land Development Code, and it is also consistent with our Growth Management Plan. And with respect to our public notice requirements, they were compiled -- they were complied with as per Section LDC 10.03.06.H. Property owner notification letter and newspaper ad were published by Collier County on Friday, March 7th, 2025. And there are no public hearing signs required for this type of petition, so there were Page 5 March 27, 2025 none posted on the site. Bayshore CRA reviewed this petition at their February meeting and voted unanimously to approve the petition. There's two criteria -- conditions of approval, and I will share them with you in just a moment. And staff is recommending that the Hearing Examiner make a determination of approval for the allocation of the two units from the density pool to allow for the development of nine multifamily units, and these are the conditions of approval. The first one is a monetary contribution shall be made to the Bayshore/ Gateway Triangle CRA Capital Improvement Fund. It will be based on the two density bonus pool units received at 3 percent of the engineer's opinion of probable cost at the time of SDP or plat. Conditions 2 and 3 are also consistent with the CRA's conditions of approval. And Condition No. 2 is an alternative minimum-code canopy tree shall be substituted for the 14 proposed pine trees and planted along the eastern property line. Condition No. 3 is the landscape buffer between the recreation areas and the adjacent residential neighbors shall be supplemented with a berm and additional planting materials recommended by CRA Member Kristin Hood who is also the executive administrator of the Naples Botanical Garden. And that concludes my recommendation. HEARING EXAMINER DICKMAN: Thank you, Nancy. Quick question for you. I understand community redevelopment agencies. They're independent -- they're independent districts -- or dependent districts, actually; different governing bodies, things like that. Do you believe I have jurisdiction to impose these conditions as a different entity than the CRA? Page 6 March 27, 2025 MS. GUNDLACH: That's a great question. HEARING EXAMINER DICKMAN: Okay. I'm going to ask Mr. Bosi here to answer that. MR. BOSI: Mike Bosi, Planning and Zoning director. As an advisory board to the Board of County Commissioners, they only request that -- these additional conditions that could be placed on it. They can't mandate that you -- HEARING EXAMINER DICKMAN: Okay. MR. BOSI: -- impose them. So they request for the overall mission of what they're trying to -- HEARING EXAMINER DICKMAN: Of course. MR. BOSI: -- provide for, but there's not an obligation that you -- HEARING EXAMINER DICKMAN: Okay. MR. BOSI: -- that you have to. You can review them -- and view them against the case, against the circumstances and see if you feel that they're appropriate. Then there's nothing that would prohibit you from recommending -- HEARING EXAMINER DICKMAN: Okay. So I can ask the applicant about that, too -- MR. BOSI: Yes. HEARING EXAMINER DICKMAN: -- and get concurrence from them during that. All right. Thank you for that great introduction. I appreciate it. Stick around. I may have some questions. Is the applicant or the applicant's representative here? Come on up. Your name -- name, one at a time. Name and -- MR. WHALEN: Michael Whalen, Paradise Coast Development, owner. HEARING EXAMINER DICKMAN: Okay. MR. MEJIA: Gabriel Mejia with Boral Engineering. We're Page 7 March 27, 2025 Page 8 applying for the SDP. HEARING EXAMINER DICKMAN: Who's going to handle the presentation? Flip a coin. MR. MEJIA: Well, Michael's the client. He's a property owner. HEARING EXAMINER DICKMAN: Yes. MR. MEJIA: And, you know, Boral Engineering, we're doing the SDP application. We're almost at the end. Actually, this is one of the last things we need to be approved before the SDP gets approved. As Nancy stated, you know, it's seven max density for the lots. We're looking to get two more. We've had two meetings with the CRA. They approved it. They have those conditions, you know, and -- you know. HEARING EXAMINER DICKMAN: How do you feel about those conditions? Are you -- MR. WHALEN: They're acceptable. HEARING EXAMINER DICKMAN: Okay. They're acceptable to the owner? MR. MEJIA: Yes. HEARING EXAMINER DICKMAN: Okay great. So I just want to be clear here what we're talking about. We're talking about a monetary contribution made by the -- made to the Bayshore Gateway Triangle CRA Capital Improvement Fund. It would be based on two density bonus pool units received at a 3 percent of the engineer's opinion of probable costs at the time of SDP or plat. The other one has to do with landscaping. But that was the primary one that I wanted to make sure that you guys were okay with. And, Mr. Bosi. MR. BOSI: And Mike Bosi again. Let me clarify. That is a requirement to participate within the March 27, 2025 Page 9 limited density pool -- HEARING EXAMINER DICKMAN: Okay. MR. BOSI: -- per the LDC. So that recommendation is actually also a requirement. HEARING EXAMINER DICKMAN: Part of the law. MR. BOSI: So that one's where there's no discretion. That has to be applied for. HEARING EXAMINER DICKMAN: The landscaping. MR. BOSI: The landscaping one is more -- is a discretionary. HEARING EXAMINER DICKMAN: Okay. And you heard the landscaping, those two other landscaping requirements, and you're in concurrence with that? MR. WHALEN: Yes. MR. MEJIA: Yes. HEARING EXAMINER DICKMAN: Okay, great. We got a "yes" from the applicant. All right. Do you have anything else you want to present, or is that it? MR. MEJIA: Yep. That's it on our end. HEARING EXAMINER DICKMAN: Okay. As I mentioned earlier, I have been to the site. And I just want to make a request. Obviously, I'm not making a decision today. But I was pretty unhappy with the condition of the property. It's a dumping ground. There's a toilet on the property. There's all kinds of garbage on the property. It's overgrown; the landscaping's overgrown. So I would ask that between now and whenever I've -- you know, as soon as possible, for the sake of the neighborhood, I think show some respect and clean up your property. Is that -- is that something you can do? MR. WHALEN: Yes, sir. I was made aware of some issues yesterday, and we plan to do that this weekend, so... HEARING EXAMINER DICKMAN: I would appreciate that, March 27, 2025 Page 10 because it does look like a weekend job only, but it's still -- I see there's a structure on the site. Hopefully that's locked up and boarded up. I don't want any kids getting injured or anything happening there. Get all the garbage and the landscape mowed down. You know, it's just that neighborhood -- you know, it's just being a good neighbor; that's all it is. Okay. Good. So why don't we go to the public comment from there, and then I'll ask you guys to come back up if you need to address anything else. Thank you. Is there anybody from the public here to speak? MS. HOOD: Yes. HEARING EXAMINER DICKMAN: Come on up. Thank you for being here. Your name and address? MS. HOOD: Kristin Hood. I'm 2996 Connecticut Avenue, and I'm directly adjacent to the property and also a CRA board member who had requested the additional buffers. I appreciate their cooperation with addressing the buffers since there's pickleball and also a pool that will be directly aligned to the existing neighbors. HEARING EXAMINER DICKMAN: Okay. MS. HOOD: There's neighbors that have had strokes and are bedridden, so that will help to alleviate the amount of interaction and sound that are -- HEARING EXAMINER DICKMAN: Yes. MS. HOOD: -- interrupting them. We're -- as a member of the Naples Botanical Garden, we're happy to make a recommendation and to share material that we have -- HEARING EXAMINER DICKMAN: Okay. MS. HOOD: -- for those buffers. And I just wanted to make sure that it's in the record that since we are allotting the additional bonus properties, that we're not going March 27, 2025 to, in the future, allow for additional properties to be built within this complex. HEARING EXAMINER DICKMAN: Okay. So when you say "additional properties," you mean expanding -- MS. HOOD: Yes. HEARING EXAMINER DICKMAN: -- the units? I believe -- and I'm going to direct this to the county. I believe if that were to happen, it would have to go back to a hearing unless it's a minor change, right? Maybe the county can explain that. MR. BOSI: Yes. I mean, in terms of adding additional units, they would not be able to add any additional units. They'll be bound by the confines of the site -- of the units that are shown within the site plan. HEARING EXAMINER DICKMAN: Okay. MR. BOSI: And they'll be bound to the nine units. So this additional units will be able to be developed on the site. MS. HOOD: Thank you. And we're excited for this property to be developed. It's been decrepit for some time now. HEARING EXAMINER DICKMAN: Yes. MS. HOOD: But in my property, I've experienced transient people coming into my property, and it will be nice to have something established there. HEARING EXAMINER DICKMAN: Okay. MS. HOOD: So we're in support. HEARING EXAMINER DICKMAN: So your home is directly adjacent to that property? MS. HOOD: Yes. HEARING EXAMINER DICKMAN: Okay. Because I was very unhappy about the condition of the property, and I can understand. MS. HOOD: I'm constantly removing invasives and -- Page 11 March 27, 2025 Page 12 HEARING EXAMINER DICKMAN: There's actually mail there. If anybody wants to find out who did the dumping, it's right there with their mailing address on it. And somebody has a car parked out there that says "for sale" on it. MS. HOOD: Oh, there's two of them now. HEARING EXAMINER DICKMAN: Yeah. Now there's two of them. Okay. So let's not use it as a used-car lot either. MS. HOOD: Thank you. HEARING EXAMINER DICKMAN: Thank you for being here. Any other public speakers? MR. SUMMERS: No, sir. HEARING EXAMINER DICKMAN: Okay. All right. Anything -- so I don't -- I believe that was a -- that sounded like a support comment, in support of that. Is there anybody online here at all? MR. SUMMERS: No. HEARING EXAMINER DICKMAN: Okay. Does the applicant have anything -- final words you want to -- or do you want to just leave it as is? MR. WHALEN: We will clean up the site to make it look better this weekend, and I apologize for the mess. HEARING EXAMINER DICKMAN: Okay. Thank you for that. I appreciate it. The neighbors will be very happy. Thank you for doing that. Does the county have anything to say? MS. GUNDLACH: No. HEARING EXAMINER DICKMAN: No, nothing from the county. Okay. This is a fairly straightforward process. You know, the CRA, all about the CRA is to improve the area in the CRA, so that's March 27, 2025 Page 13 good that this is not remaining, you know, vacant, fallow, unused land. It will actually become productive if it's approved. So I highly -- I've got a lot of respect for the CRA initiatives at the county, so that's good that they were involved in this. So I have no other questions or comments. I will say that I have 30 days to render a decision. I'm actually getting pretty good at getting them out before then, so I will do my very best to do that. So I want to thank everyone for being here. I appreciate it, in the middle of the day, in temporary facilities. So with that, I have no other -- we're going to close this item. And I don't think we have any other items, do we? MR. BELLOWS: No. MR. BOSI: No. HEARING EXAMINER DICKMAN: Okay. That item is closed. Do we have anything else for the Hearing Examiner to discuss? MR. BELLOWS: Next meeting will be at our old 609/610 -- HEARING EXAMINER DICKMAN: We're going home. MR. BELLOWS: -- with all new equipment. HEARING EXAMINER DICKMAN: Okay. We're going home, and it's going to look new. All right. MR. BOSI: Yes. HEARING EXAMINER DICKMAN: You've got the color scheme worked out and chairs on wheels and things like that? MR. BOSI: Yeah. HEARING EXAMINER DICKMAN: Okay, great. All right. Well, I look forward to that. Once again, I appreciate all of the staff setup, I want to thank our host for allowing us to use the facility, and I appreciate everyone that's been involved in this. So thank you and have a wonderful day. Go Gators. March 27, 2025 Page 14 ____ ____ There being no further business for the good of the County, the meeting was adjourned by order of the Hearing Examiner at 2:21 p.m. COLLIER COUNTY HEARING EXAMINER ANDREW DICKMAN, HEARING EXAMINER These minutes approved by the Hearing Examiner on as presented_ or as corrected _. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING, BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.