HEX Transcript 07/13/2017 July 13,2017 HEX Minutes
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
July 13,2017
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
Eric Johnson,Principal Planner
Heidi Ashton-Cicko,Managing Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JULY 13, 2017 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 was continued from the the June 22, 2017 HEX Meeting.
A. PETITION NO. NUA-PL20160003227 – Petitioner, Caribbean MHC Owner LLC requests a
non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow 8 mobile homes on
property zoned General Commercial District (C-4) along Colby Court and Tyler Court, of which 6
are existing and 2 were previously removed. The subject property is known as the Caribbean Park
Community and consists of 51.75± acres of land located at the northeast corner of US 41 and
Wiggins Pass Road in Section 15, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner]
B. PETITION NO. ZLTR(CUD)-PL20170001085 – Rook at Naples I, LLC requests affirmation of
a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section
10.02.06, in which County staff determined that the proposed uses of beauty shop (SIC 7231) and
barber shop (SIC 7241) are comparable in nature to those commercial uses permitted in Section 4.4
A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended. The subject property is located on
the east side of Collier Boulevard, approximately one half mile south of Tamiami Trail East, in
Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 82± acres.
[Coordinator: Rachel Beasley, Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
July 13,2017 HEX Minutes
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,July 13th
meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Some housekeeping matters to announce. Speakers will be
limited to five minutes unless otherwise waived. Decisions of the Hearing Examiner are final unless appealed
to the Board of County Commissioners,and a decision will be rendered within 30 days.
With that,we'll review the agenda. There's only two items advertised for today. There are no
changes to the agenda. So with that,we'll move directly into our advertised public hearings.
***The first one is 3A. It's Petition No.NUA-PL20160003227. It's the Caribbean Mobile Home
Park,LLC. It was continued from the June 22nd meeting.
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: As far as my disclosures go,I have talked to staff several--a
couple times;the applicant's representative and I have met. We've corresponded back and forth;and I've
reviewed all the files to date. And one item that came in this morning is a revision to an exhibit that will
potentially be used for this decision.
At the request of the County Attorney's Office,some of the shading was cleared up so it could be
recorded properly if it ends up being used.
So with that,first of all,are there any members of the public here who are here for this item that are not
with the applicant or associated with this application?
(No response.)
HEARING EXAMINER S TRAIN: Okay. With that,that will shorten our meeting considerably.
I don't need a presentation. Laura,if you'll come up and identify yourself for the record,I'd appreciate
that.
MS.DeJOHN: Good morning. Laura DeJohn with Johnson Engineering. I'm here today on behalf
of the applicant. And we also do have the General Manager of Caribbean Park here if there are any questions.
HEARING EXAMINER STRAIN: I have a couple of questions regarding the staff's
recommendations.There were two recommendations. One was the maximum building height shall not
exceed 30 feet for the eight sites. Do you have any objection to that?
MS.DeJOHN: We do not.
HEARING EXAMINER STRAIN: Okay. The second one—and I'm going to suggest a
modification on this one. It currently reads,the replacement mobile home and modular units on the eight sites
shall not encroach further than what exists today or any known setbacks that were previously approved.
The ambiguity of the last part of that sentence is a little concerning,so I was going to suggest to change
it. The replacement mobile home and modular units on the eight sites shall not encroach further than what
exists today or as shown on the site plan.
Do you have any objection to that?
MS.DeJOHN: That's a good solution.
HEARING EXAMINER STRAIN: Eric,as the staff member who wrote the recommendation,do
you have any problem with that?
MR.JOHNSON: No,sir.
HEARING EXAMINER STRAIN: Okay. I reviewed everything else,and I don't have any other
questions. It's pretty straightforward,so...
And I do appreciate the amount of effort both you and staff went to to dig up some of those old--back
in the 1960s were some of the building permits. That's good research. And I do note that back in those days
the setbacks were substantially different than they are today.
MS.DeJOHN: Right. Yeah,and we do appreciate the work Eric,did because he helped put a lot of
information together to find some old records for us.
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July 13,2017 HEX Minutes
HEARING EXAMINER STRAIN: Okay. Thank you.
MS.DeJOHN: Thank you.
HEARING EXAMINER STRAIN: I don't have any other questions,Laura,so I appreciate your
time.
Eric,do you have a staff report?
MR.JOHNSON: Staff recommends approval based on the changes that you've mentioned.
HEARING EXAMINER STRAIN: Okay. Thank you.Are there any members of the public here
who would like to discuss the Caribbean Mobile Home Park application?
(No response.)
HEARING EXAMINER STRAIN: Okay. Hearing none,we'll close the public hearing,and a
decision on this will be rendered within 30 days;most likely within about a week or so. I think it will be a lot
quicker than that.
So thank you for your time. That's all there is to it. We appreciate your time today.
***That takes us to our second item up today,which is Petition No.ZLTR(CUD)-PL20170001085.
It's called the Rook at Naples I,LLC.
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: Thank you.
My disclosures: I've talked with staff,I had a discussion with the applicant's rep,and I reviewed the
files in this case.
Are there any members of the public here wishing to discuss this item? It's Artesa Pointe.It's the
comparable/compatible analysis for a beauty salon on 951,or at least one of the outbuildings. Anybody here
for this item from members of the public?
(No response.)
HEARING EXAMINER STRAIN: Okay. Kristina,would you mind coming up; identifying
yourself for the record.
MS.JOHNSON: Good morning. Kristina Johnson with JR Evans Engineering representing the
applicant for this petition.
HEARING EXAMINER STRAIN: Thank you.
And there are no staff recommendations. It's a straight review of comparable/compatible. I did want
to put a couple things on record.
I checked the size of your facility,and it's proposed at 2,320 feet,and I thought it was interesting that
inside the Walmart salon, Walmart,there is a salon that's 939 feet. So I certainly agree with staffs position
that it is a comparable/compatible use for that particular PUD.One already exists there.
MS.JOHNSON: Right.
HEARING EXAMINER STRAIN: It would be hard to say it isn't.
I also notice that Walmart used to own the property that this particular facility's on that you're asking
about. And when they sold the property in 2014,they provided a series of restrictions in the deed,but a
restriction on a salon was not one of those incorporated,so I didn't see a conflict there. And I don't see
anybody from Walmart here opposing this,so my assumption is that we're good at that side of it.
I had asked staff--and I'll just say this for the record,again,in my meeting with them--that we take a
look at possibly incorporating some criteria for comparable/compatibles as we go in the future. We're getting
more of these,and I want to make sure we don't deviate from what is comparable/compatible to something that
is a zoning change.
And so,I know this doesn't particularly involve you,Kristina,but it's something that staff and I
discussed as a result of this,and I hope that we fmally get to do that.
Other than that,I don't have any other questions,so thank you.
MS.JOHNSON: Great. Thank you.
HEARING EXAMINER STRAIN: Eric,I guess you're filling in for Rachel?
MR.JOHNSON: Yes,sir. I have nothing more to add other than what the staff recommendation is.
HEARING EXAMINER STRAIN: Thank you.
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July 13, 2017 HEX Minutes
Are there any members of the public here wishing to speak on this item?
(No response.)
HEARING EXAMINER STRAIN: Hearing none,we'll close the public hearing,and a decision will
be rendered on this within 30 days,most likely within a week or so.
That takes us to the last couple items on our agenda. There's no other business listed.
Is there any public comments?
(No response.)
HEARING EXAMINER STRAIN: And seeing no members of the public here,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.
COLLIER COUNTY HEARING EXAMINER
MARK STRAIN,HEARING EXAMINER
ATTEST
DWIGHT E. BROCK,CLERK
These minutes approved by the Hearing Examiner on i- - F i ? ,as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S.LEGAL SUPPORT,INC.,BY
TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC.
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