Agenda 02/26/2019 Item #16K4 Proposed Agenda Changes
Board of County Commissioners Meeting
February 26,2019
Item 6A rescheduled to March 26,2019: Public petition from Tom Despard to propose
measures to improve sound dampening in new multifamily dwellings(not more than three
stories in height) built in Collier County. (Petitioner's request)
Move a Item 17C to Item 9C: Recommendation to adopt an ordinance amending ordinance
No. 2002-63,which established the Conservation Collier Program. (Commissioner Saunders'
request)
Add-On Item 10B: Recommendation to waive any failure to meet any contract deliverable,
and to authorize payment of outstanding pay requests for Economic Incubators,Inc.totaling
$87,897.65,and to provide direction on future contract deliverables. (Commissioner
Saunders' request)
Move Item 16A11 to Item 11E: Recommendation to award an Agreement for Invitation
to Bid No. 19-7511,"Davis Boulevard Landscape Maintenance"to Florida Land Maintenance,
Inc. d/b/a Commercial Land Maintenance. (Commissioner McDaniel's request)
Move Item 16K4 to Item 12A: Recommendation to direct the Hearing Examiner to hear the
appeal filed by London of Naples,Inc. of the administrative denial of the Insubstantial Site Plan
Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property
consisting of 1.98±acres is in the General Commercial (C-4)zoning district within the Mixed Use
Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection
of Davis Boulevard and Tamiami Trail East in Section 11,Township 50 South and Range 25 East,
in Collier County,Florida. [PL20190000305] (Commissioner Fiala and Commissioner
McDaniel's separate requests)
Move Item 16B1 to Item 14B1: Recommendation that the Board,acting as the
Community Redevelopment Agency Board (CRAB),approve an Access Easement over property
owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District
Overlay. (Commissioner McDaniel's request)
Time Certain Items:
Item 13A to be heard immediately following Item 7-Public Comments
Item 10B to be heard immediately following Item 13A
Item 9B to be heard immediately following Item 11A
2/26/2019 4:14 PM
02/26/2019
EXECUTIVE SUMMARY
Recommendation to direct the Hearing Examiner to hear the appeal filed by London of Naples, Inc.
of the administrative denial of the Insubstantial Site Plan Amendment SDPI-PL20180002049 for
Gateway formerly known as Trio. The subject property consisting of 1.98 ± acres is in the General
Commercial (C-4) zoning district within the Mixed Use Subdistrict of the Gateway Triangle Mixed
Use Overlay at the eastern corner of the intersection of Davis Boulevard and Tamiami Trail East in
Section 11, Township 50 South and Range 25 East, in Collier County, Florida. [PL20190000305]
OBJECTIVE: To have the Hearing Examiner hear the appeal filed by London of Naples, Inc. of the
administrative denial of the Insubstantial Site Plan Amendment SDPI-PL20180002049.
CONSIDERATIONS: In accordance with Section 2-87 of the Code of Laws and Ordinances, the
Hearing Examiner hears “All type III appeals of administrative decisions or interpretations, as set forth in
LDC Section 10.04.04”. Type III appeals include appeals of administrative decisions. However, in
accordance with Section 2-87 of the Code of Laws and Ordinances, the Hearing Examiner recuses himself
when he reasonably perceives that the case is one of great public interest or concern, which this matter
arguably falls under.
The issue for the appeal is a density issue involving the appropriate floor area ratio of a proposed hotel on
the subject property.
Due to technical complexities of this appeal, the Zoning Director and the County Attorney jointly
recommend that the Hearing Examiner make findings and render a decision on the appeal. Either party
could then appeal the Hearing Examiner’s decision to the Board of County Commissioners; the Board
would then have a full record before it to aid in its decision, and any judicial appeal of the Board’s
decision would be aided by a full and detailed record.
FISCAL IMPACT: There are no fiscal impacts anticipated with the requested action, appropriate
budgetary allocations have been assigned within the cost centers for both the Hearing Examiner and
Zoning staff. Advertising cost is born by the appellant and have been provided within the appeal
application.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: There are no anticipated impacts to the GMP.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority
vote for approval. -JAK
RECOMMENDATION: That the Board direct the Hearing Examiner to hear the appeal ADA-
PL20190000305 filed by London of Naples, Inc. of the administrative denial of the Insubstantial Site
Plan Amendment SDPI-PL20180002049 for Gateway
Prepared by: Mike Bosi, AICP, Director of Zoning and
Jeffrey A. Klatzkow, County Attorney
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02/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 8121
Item Summary: Recommendation to direct the Hearing Examiner to hear the appeal filed by
London of Naples, Inc. of the administrative denial of the Insubstantial Site Plan Amendment SDPI-
PL20180002049 for Gateway formerly known as Trio. The subject property consisting of 1.98 ± acres is
in the General Commercial (C-4) zoning district within the Mixed Use Subdistrict of the Gateway
Triangle Mixed Use Overlay at the eastern corner of the intersection of Davis Boulevard and Tamiami
Trail East in Section 11, Township 50 South and Range 25 East, in Collier County, Florida.
[PL20190000305]
Meeting Date: 02/26/2019
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
02/20/2019 2:03 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/20/2019 2:03 PM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 02/20/2019 2:05 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 02/20/2019 2:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2019 2:35 PM
County Manager's Office MaryJo Brock Additional Reviewer Skipped 02/20/2019 2:07 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/20/2019 3:11 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
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