HEX Transcript 02/12/2015 February 12, 2015 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
February 12,2015
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: Heidi Ashton-Cicko,Managing Assistant County Attorney
Ray Bellows,Zoning Manager
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, FEBRUARY 12,2015 IN CONFERENCE
ROOM 610 AT THE GROWTH MANAGEMENT DIVISION 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: January 8, 2015;January 22, 2015
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. PDI-PL20140002735— WCI Communities, LLC is requesting an insubstantial
change to Ordinance No. 03-04, as amended,the Lands End Preserve Planned Unit Development,
to add a deviation from LDC Section 4.02.04.D to allow windows and doors on the zero lot line side
yard of residential dwelling units where there is a minimum separation of 10 feet from the principal
structure on the adjacent property; and to amend the Development Standards for Residential Areas
by reducing the minimum side yard setback from 12 feet to 10 feet for the non-zero yard side of zero
lot line homes, and from 6 feet to 5 feet for all other single- and two-family detached homes. The
subject property is located on the west side of Barefoot Williams Road, north of Tower Road and
southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East,
Collier County, Florida, consisting of 262.9± acres. [Coordinator: Kay Deselem, AICP, Principal
Planner]
B. PETITION NO. PDI-PL20140002103 — CDC Land Investments, Inc., Collier Land
Development,Inc.,and Fifth Third Bank request an insubstantial change to the Sabal Bay Mixed
Use Planned Unit Development ("MPUD"), Ordinance No. 05-59, as amended, to increase the
maximum total size of office space in the Commercial/Office Tracts C/O1 and C/02 from 40,000 to
60,000 square feet, and decrease the maximum total size of retail or other commercial uses in Tracts
C/O1 and C/02 from 142,000 to 122,000 square feet; and to amend Exhibit A, the MPUD Master
Plan, by adding an additional access point for Tract C/O1. The subject property is located south of
Thomasson Drive, south and west of U.S.41,and north and west of Wentworth PUD, in Sections 23,
24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range
26 East, Collier County,Florida, consisting of 2,416±acres. [Coordinator:Nancy Gundlach,AICP,
PLA, Principal Planner]
5. OTHER BUSINESS
6. ADJOURN
February 12,2015 HEX Meeting
PROCEEDINGS:
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,February
12th meeting of the Office of the Hearing Examiner.
If everybody will please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you.
Some housekeeping matters to announce.Individual speakers will be limited to five minutes unless
otherwise waived. Decisions are final unless appealed to the Board of County Commissioners,and the
decision will be rendered within 30 days. Usually it's a lot less than that.
Review of the agenda. We had two items on today's agenda. The second one,which is Item 4B,was
Petition No. PDI-PL20140002103. It's CDC Land Investments,and it's involving the Sabal Bay Mixed Use
Planned Development.
At the request of the petitioner,that particular item has been--he's requested a continuance to March
12th. That continuance is granted.
Is there any members of the public today here for the Sabal Bay project?
(No response.)
HEARING EXAMINER STRAIN: Okay. There were two people that came in a little while ago. I
spoke to them before the meeting and explained to them what was going on. They didn't have any issues,but
they'll come back on March 12th if they do.
With that,we will move on to the next agenda item. And,by the way,I provided the court reporter
with the request for the continuance that came in,and she'll make it part of the record.
The prior minutes of January 8th and January 22nd,I have reviewed both of those packages,and both
of the minutes are okay to record.
So we'll move into our first advertised public hearing. It's Petition No.PDI-PL20140002735,WCI
Communities,LLC,for the Lands End Preserve Planned Unit Development.
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: Okay. Disclosures on my part,I have spoken with the
applicant,I have spoken with various members of staff,and I've reviewed all the historical files on the project,
which there were plenty.
The exhibits for the application will be--Exhibit A will be the staff report and Exhibit B will be the
legal ad. And I have reviewed the entire staff report and all the attachments.
Are there any members of the public here that wish to speak on the Lands End project?
(No response.)
HEARING EXAMINER STRAIN: Okay. Wayne,since I have reviewed everything and there are
no members of the public here for your project,I don't need a formal presentation unless you feel like making
one,or I can ask the questions I have. It's up to you.
MR.ARNOLD: For the record,I'm Wayne Arnold with Grady Minor. And I don't have a formal
presentation for you unless you wish me to make one. But clarifying our request,we were seeking an
insubstantial change to the PUD to modify development standards for residential development types to allow
for five-foot side yard setback and,for zero lot line product,to allow windows. And our request originally had
doors for the zero lot line side. And after discussion with you and staff,we are withdrawing the request to
have doors on the zero side. It would only be for windows,which has been a fairly common deviation
approved for other PUDs.
HEARING EXAMINER STRAIN: And as we talked,I'm glad you did that. I had a series of
witnesses that would have to testify in regards to the issue of the doors. I told them after I spoke with you they
didn't need to come here today,that it was a non-issue.
My series of questions,of which I had quite a few,all centered around that. And since that's
withdrawn,I don't have any further questions or comments. Your application is typical to others that have
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February 12,2015 HEX Meeting
been applied for the same issue.
So with that,if there's no one else that wants to speak on this matter?
(No response.)
HEARING EXAMINER STRAIN: Okay. We'll end the hearing on that issue. And within 30
days--probably within a week or so,you'll have a decision rendered.
MR.ARNOLD: Thank you.
HEARING EXAMINER STRAIN: And that takes us to the end of the agenda,although I saw a
member of the public walk in. And I think you missed the earlier announcement. Sir,if you're here for the
Sabal Bay project.
UNIDENTIFIED SPEAKER: (Shakes head.)
HEARING EXAMINER STRAIN: Okay. I didn't know if you were or not. With that,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 9:05 a.m.
CO1..LII R CO JNTy HFlA ING EXAMINER
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MARL(STRAIN, HEARING EXAMINER
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ATTEST:
DWIGHT E.BROCK,CLERK
These minutes approved by the Hearing Examiner on 3 - l 2 - 201 1 ,as presented
or as corrected L .
TRANSCRIPT PREPARED ON BEHALF OF
GREGORY COURT REPORTING SERVICE,INC.
BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC.
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