Notice Error Delays Hilton Rezoning Hearing

The Marco Island Planning Board postponed consideration of a major rezoning and expansion request for the Hilton Marco Island Beach Resort on Friday after concerns were raised that the City’s newspaper notice did not include the application number required by law.

The Hilton is seeking to rezone approximately 10.44 acres at 560 S. Collier Blvd. from residential tourist zoning to a planned unit development, or PUD. If approved, the change would allow the Hilton to move forward with a major expansion that would more than double its number of guest rooms and include construction of a second tower and a parking garage. The plans exceed the permitted density for the property, as well as the height and units-per-acre limits established in Marco Island’s comprehensive plan.

Before City staff could present the application, Planning Board member Brad Henson questioned whether the hearing had been properly advertised. Henson said the notice published in the Naples Daily News did not include the application number, although the number appeared on the sign posted at the property.

Henson said the omission could affect whether the board had legal authority to conduct the hearing. He warned that if the notice were found deficient, the hearing could later be treated as though it had never occurred.

Assistant City Attorney David Tolces said he had not reviewed the issue before the meeting and could not immediately offer a definitive legal opinion. However, he advised the board that a notice defect could create problems for the rezoning process.

“If you have a low risk tolerance, then I think the direction for you today is probably fairly straightforward with respect to having this reposted, renoticed,” Tolces said.

Chair Jason Bailey noted that the applicant, consultants, residents and several City Council members were already present. Board members also noted that the Hilton appeared to have properly completed its own noticing responsibilities and that the omission of the application number appeared to be a City error.

Attorney Zach Lombardo, representing the Hilton, said the applicant’s property sign and mailed notices were correct, but the City had not provided the newspaper advertisement to the Hilton for review before publication. He said the applicant had flown members of its professional team to Marco Island for the hearing but did not want to move forward amid questions about public notice.

“We do not want to plow forward over a notice issue,” Lombardo said. “I think it’s important that the community be a part of the conversation.”

The board voted unanimously to continue the hearing until 9:00 AM July 31 to allow the City to republish the notice with the application number. Lombardo asked the City to provide future advertisements to applicants for review before publication.

Earlier in the meeting, the board unanimously approved a site development plan amendment for Collier County Public Utilities at 2559 San Marco Road and recommended that the City Council approve related setback and landscape buffer variances.

The project includes an elevated emergency generator and fuel tank, improvements to an existing pump building and other upgrades intended to keep the facility operating during power outages. County representatives said plans to replace an existing 500,000-gallon tank had been abandoned because of cost and feasibility concerns.

Henson also raised concerns about the City’s pilot program for electronic legal notices. Approved several months ago, the pilot is intended to move public notices online and eventually eliminate the City’s use of newspaper advertisements for those notices. Henson said residents who request notices by first-class mail through the Collier County system are charged $8 for the first page and $5 for each additional page. He suggested that charging residents for legally required notices may not be permissible under the law and asked the City to investigate before moving entirely to a digital system.