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Commissioners agree to appeal hearing examiner denial of change to Seat to Table CPUD gate requirement
Summary
At Commissioner Kathy Hall’s request, the board voted unanimously to appeal a hearing examiner’s denial of an application to remove a required gate at the Seat to Table commercial CPUD parking-lot access on Piper Boulevard.
Collier County commissioners voted unanimously Tuesday to hear an appeal of a hearing examiner’s decision that denied a requested insubstantial change to Ordinance No. 18‑49, the Seat to Table commercial planned unit development.
What the appeal seeks: The applicant requested to amend the CPUD to remove a required gate-control system at the Piper Boulevard access to the restaurant’s parking lot. Commissioner Kathy Hall told the board the gate repeatedly has been removed by the adjacent utility (FPL) and that the restaurant lessee is receiving code-enforcement notices for noncompliance with a gate that is repeatedly being taken out of service by the utility. “Mr. Oakes is getting violations on things that he is not doing,” Hall said.
Board action: Hall moved and the board seconded a motion to appeal Hearing Examiner Decision No. 2025‑02 (the decision denied the requested insubstantial change). Commissioners voted 5–0 to accept the appeal and to have staff prepare the necessary executive summary and return the matter for an advertised public hearing. Planning and zoning director Mike Bozzi said the appeal process will bring an executive summary to the board that frames the prior hearing, the evidence, and possible outcomes (affirm, reverse or modify the hearing examiner decision).
Why it matters: The appeal could change a condition of a long-standing CPUD and affect how county code is enforced where easements or utility activity interfere with required gates or other improvements. Bozzi noted that after the appeal is filed staff will return with a full executive summary and an advertised hearing so the board can take final action.
Next steps: Staff will accept the appeal filing, prepare an executive summary of the Hearing Examiner record and legal analysis, advertise a public hearing and bring the item back for formal board action.
