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FAX: 877.843.0360 A firm for all seasons Www.AVt.MANIALAut EN.ettM OF.NERAI,PRACTICE•TITI.E INSCRANCF•RLAI,I'STA'I':•BCSINFSS•WILTS•'I'RUSTS•ADOPTIONS•LrI IGATION•ADMI I I ED IN FLORIDA&D.C. October 13,2014 To: Board of County Commissioners for Collier County,Florida ("BCC") Copy: Collier County Attorney Jeff Klatzkow Re: Item 8.b on the agenda for the October 14, 2014,meeting of the BCC, which reads: A Resolution of the Collier County Board of County Commissioners amending the Ave Maria Stewardship Receiving Area(SRA)Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of the I,and Development Code,and specifically to add single family detached Z lots to the Neighborhood General Zone;add 600,000 square feet of light industnal/warehousing to the Town Center 2b;redesignate 155 acres of Neighborhood General to Town Center 2b;redesignate 90 acres of'town Center 2a to Neighborhood General;redesignate 52 acres of Town Center 3 to Neighborhood General and move an access point along Oil Well Road.The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33,Township 47 South,Range 29 East and Sections 4 through 9 and 16 through 18,Township 48 South,Range 29 East in Collier County,Florida(also known as Petition SRAA-PI 2 0 1 3 2111 2). Dear Commissioners: My name is Robb Klucik. I am an Ave Maria homeowner living at 5142 Ave Maria Blvd. in the Hampton Village neighborhood of Ave Maria, Florida. I bought the home at that address in 2007 and moved in with my wife and seven children. For 5 years my law office has been in the business district at the center of Ave Maria. For seven years I have been actively and publicly supportive of all of the petitioner's development proposals and initiatives. I am here today representing myself and my clients: • Ave Maria Community Alliance,Inc.,a civic non-profit organization (hereinafter"AMCA") representing the interests of dozens of homeowners,residents and students in Ave Maria,Florida; • Robert and Sally Klucik,my parents and the owners of the home at 5706 Mayflower Way,Unit 206,in the Del Webb neighborhood in Ave Maria,Florida; • Thomas Hardy, owner of the home at 5239 Beckton Road in the Middlebrooke neighborhood in Ave Maria,Florida; • Luis and Veronica Forero,owner of the home at 5141 DaVinci Way in the Bellera neighborhood in Ave Maria,Florida;and • Michael Pakaluk,owner of the home at 5156 Taylor Drive in the Hampton Village neighborhood in Ave Maria,Florida. Each of us is substantially impacted by the matter now before the commission, known as Petition SRAA- PL20132012, which seeks to amend the Ave Maria SRA. I and my clients hereby request that we be given due process and a reasonable opportunity to be heard,to present evidence,and to cross examine witnesses at this quasi- judicial hearing.The following items are attached to this letter as exhibits: Exhibit A-parcel data Exhibit B-authorities Exhibit C-marketing map (SRA town plan) Exhibit D-letter demanding due process and opportunity to be heard I have provided my prepared written remarks and exhibits to you previously and am also handing a copy to the chairman and to the court reporter and request that my written remarks and exhibits be entered into the record. My clients and I oppose the portion of the petition that seeks to: • subtract Town Center acreage from Town Center 2a and Town Center 3; • move that acreage to Town Center 2b; • wall off Town Center 2b behind a berm that is 60 feet wide, 14 feet high and almost 1 mile long;and • adding 600,000 square feet of light industrial and warehouse use, which increases by 600,000 square feet the intensity of development permitted on a parcel of land located within the Ave Maria SRA [parcel identification number 00226440004;see parcel data at Exhibit A, attached hereto]. The Board of County Commissioners must determine whether the petitioner has demonstrated that the petition meets the criteria necessary for the Board's approval.To that end we ask: 1. Does the petition seek changes that violate provisions contained in the RLSA overlay of the county Land Development Code? 2. Does the petition application contain everything required by the Florida RLSA Statute? 3. Does the petition seek changes that are incompatible with adjacent land uses? 4. Does the petition seek changes that violate commitments the petitioner has made to land owners in Ave Maria such that granting the petition would cause undue harm to those land owners? 5. Does the petition's amended SRA document accurately reflect the SRA changes actually being sought by the petition? [Citations and excerpts of the authorities mentioned in these remarks are attached hereto as Exhibit B.] First,when we examine whether the petition seeks changes that violate provisions contained in the RLSA overlay, we must look at the RLSA. Section 4.08.01 of the RLSA overlay defines Town Center as: • Providing daily goods and services,culture and entertainment,and residential uses. • Being similar to the Town Core,but with a lower intensity. • Serving as a transition to surrounding residential neighborhoods. Section 4.08.07 of the RLSA overlay requires that: • SRAs shall be compact,pedestrian-friendly and mixed-use. • Towns shall be designed in a progressive rural to urban continuum of density and intensity. • Context Zones facilitate this progression, with the most intense and dense use at the Town Core, then stepping down to Town Center and then down another step to Neighborhood General. • Each Context Zone shall blend into the other without buffers. • Each Town Center shall provide a wide range of uses including daily goods and services,culture and entertainment,within walking distance of the neighborhoods.1 • Each Town Center is a primary pedestrian zone, is designed at human scale to support the walking environment,and serves as the Main Street area of the town. • Compatibility is to be achieved in each Town Center through the similar massing, volume, frontage,scale and architectural features of the buildings (with no mention of buffers). The petition essentially seeks to ignore the definition of Town Center and simply do something else and call it a Town Center. It also seeks to eliminate the bulk of the Town Center benefit of conveniently located daily goods and services that residents have looked forward to since they began buying homes in 2007. The petition seeks to take the vast majority of Town Center acreage from Town Center 2a, which is within easy biking and walking distance from several neighborhoods (0.5 miles from Emerson Park, 0.5 miles from Hampton Village, 0.5 miles from Maple Ridge),and move it to Town Center 2b so that it would no longer be within reasonable walking or biking range of those neighborhoods (3 miles from Emerson Park, 2.5 miles from Hampton Village,and 2.5 miles from Maple Ridge). The petition seeks to take the vast majority of Town Center acreage from Town Center 3, which is within easy biking and walking distance from several neighborhoods (0.25 miles from Middlebrooke and 0.8 miles from Maple Ridge),and move it to Town Center 2b so that it would no longer be within reasonable walking or biking range of those neighborhoods (1.8 miles 1 In addition, Policy 4.15.1 of the county FLUE states that every SRA will include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs of residents of the RLSA. page 2 of 5 from Middlebrooke and 2.3 miles from Maple Ridge). Even though Town Center 2b is right next to the Del Webb neighborhood, this Town Center will be located behind a berm that is 60 feet wide, 14 feet high and almost 1 mile long, making easy pedestrian and bicycle access impossible. Thus, the majority of Town Centers 2a and 3 are being relocated to an area where no neighborhood has the easy pedestrian and bicycle access to daily goods and services,culture and entertainment,within walking distance of the neighborhoods that the RLSA repeatedly insists that each Town Center is required to provide to neighborhood residents. This leaves the residents with a tiny fraction of the conveniently-located daily goods and services that the SRA has since before 2007 consistently indicated would be developed. It is also helpful to review Section 1.08.02 of the LDC,which provides these definitions: • Berm:A mound of earth to provide screening or buffering between uses. • Buffer. Land or a combination of land and vegetation for the separation of one use from another and the alleviation of adverse effects of one use to another. • Compatibility: A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Given that berms and buffers are only necessary when there is an incompatibility of uses,the proposed berm itself indicates that the petition seeks something that runs counter to the explicit requirements of the RLSA. The need for such a tall,wide and long berm is clear and irrefutable proof that the expanded Town Center 2b: • violates the required progressive rural to urban continuum of density; • violates the requirement that each Town Center shall blend into the adjacent neighborhoods without buffers;and • violates the requirement that compatibility is to be handled via massing,volume,frontage,scale and architectural features of the buildings,rather than by buffers. Because the requirements for all Town Centers are ignored by the petition,it must not be approved. Second, when we consider whether the petition application contains everything required by the Florida RLSA Statute,we must look at the statute. F.S. 163.3248(8)provides that: • An increase in the intensity of use on a parcel of land located within an SRA may occur only through the assignment or use of stewardship credits. • A change in intensity of land use on parcels located within an SRA shall be specified in a development order that reflects the total number of stewardship credits assigned to the parcel of land and the infrastructure and support services necessary to provide for a functional mix of land uses corresponding to the plan of development. The petition cannot be approved because the petition and its application materials do not address the additional stewardship credit assignment required by this statute. Third, when we consider whether the petition seeks changes that are incompatible with adjacent land uses, we must look at the definitions listed above from Section 1.08.02 of the LDC,and Sections 4.08.01 and 4.08.07 of the RLSA that were discussed above. In this situation,the RLSA demands that each Town Center must: • serve the needs of the adjacent Neighborhood; • be within easy walking distance of the adjacent Neighborhood; • blend into the adjacent Neighborhood; page 3 of 5 • exhibit progressive rural to urban continuum;and • be compatible with the adjacent Neighborhood via massing, volume, frontage, scale and architectural features of the buildings,rather than by buffers. Therefore it is simply dishonest to assert that the proposed enlarged Town Center with its sudden huge and startling buildings (along with its light pollution) and its lack of progression (which thus necessitates a berm) satisfies the unique compatibility requirements the RLSA demands. Fourth,when we consider whether the petition seeks changes that violate commitments the petitioner has made to land owners in Ave Maria such that granting the petition would cause undue harm to those land owners, we have to look at what commitments were made.The full color SRA Town Plan Map [attached hereto as Exhibit CJ has been used by the petitioner since 2007 to market the town of Ave Maria to me and to hundreds of other residents who purchased homes. That map clearly showed where any commercial zones would be and people purchased their homes based on that information. It was reasonable to rely on the map combined with the RLSA definition of Town Center and the SRA Town Plan document which promises [see the attached Exhibit B for exact citations]: • the cornerstone of Ave Maria will be the University; • the Town Core, Town Centers, and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of medical facilities, 148,500 square feet of gross civic uses, and 400 hotel rooms [nb: there is no specified allowance for industrial and warehouse]; • Ave Maria will be a university town; • there will be three Town Centers where residents and students will find essential goods and services, entertainment,and dining; • Town Centers are critical components common to a successful town design; • Town Centers 2 [originally entirely at the east end of John Paul II Blvd] and 3 will provide residents opportunities to find everything they need in close proximity to their homes; • streets and drives in Town Centers 2 and 3 will maintain the pedestrian quality found throughout Ave Maria; • Town Centers 2 and 3 will provide daily goods and services for the residents; • Neighborhoods are planned in close proximity to Town Centers to encourage pedestrian activity; • each Town Centers are within walking distance from the surrounding neighborhoods,and these areas are designed,and expected to be,pedestrian and bicycle oriented;and • light industrial, factory, and distribution buildings will be permitted only when showroom/retail/office portion of building spans complete frontage or appropriate facade articulation returns no less than 15 Ft. deep along side elevations. Seven years into the process the petitioner has decided to make a dramatic change that nullifies all of these provisions,which nullification negatively impacts the value of our homes and the quality of life we have been reasonably anticipated.These changes change the character of the town in a way that is too drastic given what people now have a vested right to expect—the university town will change into a town focused on industrial production and warehouses, and the light industrial buildings and warehouses will no longer be built to look like upscale retail stores,but instead to look more like a typical industrial building. In the same way, those who purchased homes in Del Webb had a reasonable expectation based on the SRA Map that they would not have a large industrial complex facing them from the edge of their club's infinity pool and industrial lights shining in their faces at night. For these reasons the petition should not be approved. Fifth, when we consider whether the petition's amended SRA document accurately reflects the SRA changes actually being sought by the petition,we have to look at the petition. page 4 of 5 As noted above,many provisions in the current SRA would be nullified by the proposed amendment,yet none of those provisions is stricken through in the proposed amended SRA document that the petitioner has submitted.The proposed amended SRA document is therefore misleading and inaccurate and therefore should not be approved. Finally,we note that there are two basic legal problems with this petition: • There is a process by which the petitioner could seek to modify the county's RLSA overlay definition of "Town Center". Unfortunately the currently proposed amendment to the SRA is the wrong process.The SRA cannot contradict requirements contained in the RLSA overlay. Even if the petitioner drafted the LDC provisions at issue—perhaps all the more if they did- they must still be held to its requirements. • An amendment that obliterates so many of the SRAs provisions, and an amendment that renders homeowners incapable of having any reasonable expectations about how the town will be developed in the future under the SRA system—that is not really an amendment but rather it is the undermining of all confidence in the RLSA system in our county. To summarize,we urge you to vote against this petition because: 1. The petition seeks changes that violate provisions contained in the RLSA overlay of the county Land Development Code. 2. The petition application does not contain everything required by the Florida RLSA Statute. 3. The petition seeks changes that are incompatible with adjacent land uses. 4. The petition seeks changes that violate commitments the petitioner has made to land owners in Ave Maria such that granting the petition would cause undue harm to those land owners. 5. The petition's amended SRA document does not accurately reflect the SRA changes actually being sought by the petition. In voting against this petition, the Board will be upholding the current LDC—enforcing the rules -and sending a strong message that following the rules is important. The petitioner should be required to honor both the commitments they have already made to residents,and the planning documents they helped to write. FIDES&RATIO FORT[1E FIRM Robert L. Klucik,jr. RLK page 5 of 5 EXHIBIT A Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 00226440004 Site Adr. Y AVE MARIA BLVD Name/Address BARRON COLLIER PARTNERSHIP AMULT LLC 2600 GOLDEN GATE PKWY STE 200 City NAPLES State FL Zip 34105-3227 Map No. Strap No. Section Township Range Acres *Estimated 3E08 000100 001 03E08 8 48 29 1385.33 8 48 29 ALL LESS OR 3682 PG 3256 LESS OR 3682 PG 3223,THAT PORTION OF SEC 13 TWP 48 RNG 28 DESC IN OR 3696 PG 3132,THOSE PORTIONS OF SEC 5,17 AND 18 TWP 48 RNG 29 AS DESC IN OR 3682 PG 3248,THOSE PORTION OF SEC 7 TWP 48 RNG 29 AS DESC IN OR 3682 PG 3245,THAT PORTION SEC 17 TWP 48 RNG 29 AS DESC IN OR 3696 PG 3137,THOSE PORTIONS OF SEC 18 TWP 48 RNG 29 AS DESC IN OR 3696 PGS 3135, 3137, 3149,AND OR 3682 PGS 3244, 3254 LESS AVE MARIA PH 1 LESS THAT PORT DESC IN OR 4109 PG 3337 LESS AVE MARIA UNIT 3 DEL WEBB PH 1, LESS THAT PORT DESC IN OR 4322 PG 1382 FOR OIL WELL RD R/W,AND THAT PORT OF SEC 6 TWP 48 RNG 29 AS DESC IN OR 3682 PG 3248, LESS PORTS DESC IN OR 4378 PGS 3427,3432,3436,3441, LESS 1.55AC LOCATED SOUTH OF AVE MARIA PH 1 TRACT CS AS DESC IN OR 4402 PG 3806, LESS THAT PORTION LYING IN SEC 17&18 DESC AS FOLLOWS:COMM SE CNR OF SW 1/4 OF SEC 17, N Legal 01 DEG W 150FT TO NORTH R/W, S 88DEG W 604.41 FT TO POB;CONT S 88DEG W 508FT, N 01 DEG W 200FT, S 88DEG W 1302.34FT, N OODEG W 1103.41 FT, S 89DEG W 519.71 FT, N OODEG W 654.11 FT TO PT ON CURVE, ELY ALG CURVE RIGHT W/RADIUS 923.82FT THRU ANGLE 66DEG47'27"W/CHORD BEARING S 80DEG E FOR 1076.92 FT TO PT REVERSE CURVE, SELY ALG CURVE LEFT W/RADIUS 750FT THRU ANGLE 42DEG30'59"W/CHORD BEARING S 68DEG E FOR 556.54 FT TO END CURVE, N 90DEG E 234.50FT, S OODEG E 468.71 FT TO CURVE, SELY ALG CURVE LEFT W/RADIUS 923FT THRU ANGLE 34 DEG41'54"W/CHORD BEARING S 17DEG E FOR 558.96FT TO END CURVE, S 34DEG E 252.09FT TO CURVE, SELY ALG CURVE RIGHT W/RADIUS 574FT THRU ANGLE 18DEG03'38" W/CHORD BEARING S 25DEG E FOR 180.93FT TO END CURVE, N 88DEG E 211.05FT,S 01 DEG E 200FT TO POB, LESS THAT PORTION IN SEC 17 TWP 48 RNG 29 AS DESC IN OR 4616 PG 1036, LESS THAT PORTION IN SEC 17& 8 TWP 48 RNG 29 AS DESC I N OR 4995 PG 2214, LESS THAT PORTION IN SEC 6 48 29 AS DESC IN OR 5053 PG 1429 Millage Area 0 298 Millage Rates 0 *Calculations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code 0 66-ORCHARD GROVES,CITRUS, ETC. 5.58 8.3696 13.9496 Latest Sales History 2014 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 15,257,040 11/19/04 3682-3245 $20,441,000 (+) Improved Value $ 14,185 12/08/94 2009-1546 $4,500,000 (_> Market Value $ 15,271,225 06/01/82 975-674 $0 09/01/80 884-1432 $0 (=) Assessed Value $ 15,271,225 (=) School Taxable Value $3,805,685 (=) Taxable Value $3,805,685 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.col lierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00226440004 10/13/2014 Collier County Property Appraiser Page 1 of 1 Collier County Property Appraiser MIME'.4` I k.TR]DUcnc,'i 1 FEEIEACK EZI 6EED .i �M1t•..- 'JEL U::'. LARGE o 4a,, 1110*) N, — ^ '.. ( BAA'' .F.pSL .,,,,,-.1.6. i yid, py.N15 8 • 1 #'." M. ri tad a:n . _�.— = 'r #Introduction '° it's Y { „:e!” e x a^*' Xt# #"(f1` +�'Search for Parcels b `t f Search Results tE t�f Folio Number:00226440004 al's?. ;.e !'l�l i1; Name:BARRON COLLIER PARTNERSHIPi '�'" ' -- Street#I,8 Name:V AVE MARIA BLVD y a #Layers Val:4 @. 1 " J Legend r C> $ 4Print �.�� #iY7t '� Aeri, Home Page , #Help v �6 d 2�0 P '' ., • �".r , Sale / ;1'..!;::' .m 1 '' „k as k t its x i at , 1..._—.� t v Aerial Photography.January Urban-2014-Rural-2014 10/13/2014 http://www.collierappraiser.com/webmap/Map.aspx?ccpaver=1.9.2 EXHIBIT B RELEVANT AUTHORITIES 2014 FLORIDA STATUTES 163.3248 Rural land stewardship areas. (8)(g)An increase in the density or intensity of use on a parcel of land located within a designated receiving area may occur only through the assignment or use of stewardship credits and does not require a plan amendment. (8)(h)A change in the density or intensity of land use on parcels located within receiving areas shall be specified in a development order that reflects the total number of stewardship credits assigned to the parcel of land and the infrastructure and support services necessary to provide for a functional mix of land uses corresponding to the plan of development. COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Policy 4.15.1 SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE,as modified by Policies 4.7,4.7.1,4.7.2,4.7.3,4.7.4 and Attachment C. An appropriate mix of retail,office,recreational,civic,governmental,and institutional uses will be available to serve the daily needs and community wide needs of residents of the RLSA. COLLIER COUNTY LAND DEVELOPMENT CODE 1.08.02-Definitions Berm:A mound of earth to provide screening or buffering between uses. Buffer(also,landscape buffer):Land or a combination of land and vegetation for the separation of 1 use from another and the alleviation of adverse effects of 1 use to another. Compatibi/iy.A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures 4.08.01 Specific Definitions Applicable to the RLSA District SS.Town Center.A defining Context Zone that is intended to provide a wide range of uses,including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core,however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. 4.08.07 SRA Designation J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(l),F.A.C. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs 1 of 3 designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2.through 6.below. 2.Town Design Criteria. a.General design criteria. i.Shall be compact,pedestrian-friendly and mixed-use; viii. Shall be designed in a progressive rural to urban continuum with the greatest density,intensity and diversity occurring within the Town Core,to the least density,intensity and diversity occurring within the Neighborhood Edge; x. Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General,each of which shall blend into the other without the requirements of buffers; d.Context Zones.Context Zones are intended to guide the location of uses and their intensity and diversity within a Town,and provide for the establishment of the urban to rural continuum. ii. Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance.Like the Town Core,the Town Center is the primary pedestrian zone,designed at human scale to support the walking environment. It is the Main street area of the Town. Buildings shall be positioned near the right-of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall apply within the Town Center m) Buildings within the Town Center shall be made compatible through similar massing,volume,frontage,scale and architectural features. Ave Maria SRA Designation,Town Plan and Master Plan Executive Summary Ave Maria will consist of Ave Maria University and The Town of Ave Maria.The cornerstone of Ave Maria will be the University... The town area of Ave Maria is designed as a compact,walkable community... Uses that provide the mix of services to,and are supportive of,the residents of The Town of Ave Maria and university will be mainly located in the Town Core and Town Centers. The Town Core, Town Centers,and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of medical facilities, 148,500 square feet of gross civic uses,and 400 hotel rooms. Town Plan-Introduction Page 2. ...The vision is to bring the environmental beauty of Eastern Collier County together with the full educational experience and atmosphere created by a university town. ... Town Plan—Overview and Master Plan Page 4. ... Ave Maria has been designed with respect to the human scale.The mixed use,network of streets,distinctive character and environmental sustainability distinguishes the community.Ave Maria 2 of 3 is focused around a Town Core and three Town Centers where residents and students will find essential goods and services,entertainment,and dining. ... Page 5. ...Ave Maria is organized into five distinct areas-the University District,the Town Core,three Town Centers,Neighborhood General,and the Services District.The Town Core,Town Centers and Neighborhood General are critical components common to a successful town design.These three areas are consistent with the Context Zones defined in the LDC Section 4.08.07. ... Town Plan-Town Centers 2 and 3 Page 76. ... A wide variety of shopping needs will be met through local, national and regionally recognized stores.In short,Town Centers 2 and 3 will provide residents opportunities to find everything they need in close proximity to their homes.Streets and drives in Town Centers 2 and 3 will maintain the pedestrian quality found throughout Ave Maria.Tree lined sidewalks will provide a buffer and shade to those walking within the Town Centers. ... Page 77. ... Town Centers 2 and 3 will provide daily goods and services for the residents and visitors of Ave Maria. ... Town Plan—Neighborhood General Page 97. ... Neighborhoods are planned in close proximity to town centers, schools and community parks to encourage pedestrian activity. The neighborhood streetscapes are designed to support a walkable environment,with sidewalks separated from the street by a planting zone.There is a hierarchy in the Town with regard to commercial uses, from Town Core to the Town Centers to the Neighborhood Centers to Local Neighborhood Goods and Services. ... Town Plan-Community General Page 152. ... The transportation network will provide the pedestrian,motorist,or cyclist with multiple route choices in traveling to a specific destination. ... Page 153. ... The Ave Maria transportation network promotes pedestrian and bicycle modes of transportation. ... Page 156. ... Both Ave Maria Town and Ave Maria University are designed, and expected to be, pedestrian and bicycle oriented developments.The university is expected to have a very high use of the pedestrian and bicycle mode of transportation.Although the university is a major use,it is not expected to provide a high traffic volume in relation to its size and use since the vast majority of students will be housed on campus. The commercial areas of Ave Maria, the town center and town core, are within walking distance from the surrounding university and neighborhood. These areas are designed, and expected to be,pedestrian and bicycle oriented. ... 3 of 3 PR.F Ave aria ;NORM cowmen' a . . ., g$, RIMS _.�.��. _ ;7,..1. i' , :*** at ji =very •Family. Every Lifestyle. Every Dream. • , .• motiv il • E .' -4 ' ' 47.44i4t77-14...C---17-1 iw,•+-i.' CM- : ': I 4:7 1 - i i i"(..::.''M ':'<.. y © Y f 1 h R • _ t �, *' r vu« z . _ e � . « ` , t tteas .•I, v< ' f r + frk i_ IL a }.. . ' La Piazza Town Center and "'� �� ! r r Ave Mara Sales 8 Information Center $ •^ f•'� : Ave Maria Grammar et Preparatory School 3. Lake Park — � 1 �� Emerson Park(Pulte Homes) •. � }� i�d� ?,� f+ , J�' � � r, 5 Water Park _ ��. tii 6. Future North Community Center Site y R T. Future Tennis Center Site J :—.• ,...-.-- MI •I �� 1 AigmAok 8. Norte Park ` � � �� ( ^"un il Future Collier County School Site ` Ave Maria University ..,.i�� � I.,'1 if ., � _.ti .r �tbit�re . ,v�uj4, x�.�E. A. Student Union 4 �� ', � 0 �[f" ' a* , ^"^ q wucc B. Academic Bu lding .` ' x £ `` "j � 1 C. library, r `�ii� + `a�`r _ * '+ • _ � D. Sr,.dent Residences — — — > s _.4,044-:�; ,A. Fture Law School Site '' E. ssiMSt ttnstt is Y s .0,41*** t + s . Ave Maria Utility Plant ota sa* w South Park sstttsrsej `X ( Del Webb at Ave Maria(Del Webb) �' 7r ' " v The Goif Club at Del Webb "" !'!!� ' ti 3 Be!IeravValk(DiVosta Homes) r o. Nat re Preserve ter• .P t Future Southern Fitness Center Site tb Middiebrooke at Ave Maria(Pulse Homes) `t( -w`• f3alll :� _ 9. Park of Commerce ,::;,:„F.:1,:: Hampton Village(Pulse Homes) F 1� MUSA . SWUM x` 13 �5. -v.:t. ♦♦ y o t U Ye .r K ,p ( Y Y ,y,� • *(4., 77'. , -. '' ' -.. ..,,',...,,,..;-40f.'''';31;i",, , � i ` — „ :Y + ' N OEL WE'33 YY . ---, � BelleraV4'alk j YYY DEL WE33 re' ^� �4.„ n. - - -+�._. Q,�� AS,•\•.::. (FUTURE NUS DENTIAE) ';?t4&i/ At .s..- i a4` iii MOSTA-OMB • • �. �..�rl fEUTURc RLS DEYTIAIi - • .,� ry( p 0 t: NUITEwOMcS KATE HOVES `1 ( 4 r °r _ ; (FUTURE RES OEN,.) RR ¢m t'{`�Y • err SALES&',FORMATION •r •' -�t� 1•^ 4 I DEMOS ' CENTER�MODE, .::t. I /� I i „....,t EXHIBIT D ATTORNEY ROBERT L. KLUCIK,JR. MI. MI/ RLKQ4AVEMARIALAWYER.COM 5072 ANNUNCIATION CIRCLE,STE 326 PHONE: 239.455.4LAW AVE MARIA,FLORIDA 34142 P.�rLsi r L kit ( it:.Jit., P.,1. FAX: 877.843.0360 A firm for all seasons WWItW'.AVEA]AAIALAWYEA.COM GENERAL PRACTICE•TITLE INSURANCE•REAL ESTATE•BUSINESS•WILLS•TRUSTS•ADOPTIONS•LITIGATION•ADMITTED IN FLORIDA&D.C. October 10,2014 To: Board of County Commissioners for Collier County,Florida ("BCC") Copy: Collier County Attorney Jeff Klatzkow Re: Item 8.b on the agenda for the October 14, 2014, meeting of the BCC, which reads: A Resolution of the Collier County Board of County Commissioners amending the Ave Maria Stewardship Receiving Area (SRA) Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: add single family detached Z lots to the Neighborhood General Zone; add 600,000 square feet of light industrial/warehousing to the Town Center 2b; redesignate 155 acres of Neighborhood General to Town Center 2b; redesignate 90 acres of Town Center 2a to Neighborhood General; redesignate 52 acres of Town Center 3 to Neighborhood General and move an access point along Oil Well Road. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County,Florida (also known as Petition SRAA-PL20132012). Dear Commissioners: This letter is written on behalf of my clients: • Ave Maria Community Alliance, Inc., a civic non-profit organization (hereinafter "AMCA") representing the interests of homeowners, residents and students in Ave Maria,Florida; • Robert and Sally Klucik, owners of the home at 5706 Mayflower Way, Unit 206, in the Del Webb neighborhood in Ave Maria, Florida; • Thomas Hardy, owner of the home at 5239 Beckton Road in the Middlebrooke neighborhood in Ave Maria,Florida; • Luis and Veronica Forero, owner of the home at 5141 DaVinci Way in the Bellera neighborhood in Ave Maria, Florida; and • Michael Pakaluk, owner of the home at 5156 Taylor Drive in the Hampton Village neighborhood in Ave Maria, Florida, who are hereinafter collectively referred to as the "Residents". Each of the actual human persons listed as one of the Residents is a property owner who is substantially affected and impacted by the application known as Petition SRAA-PL20132012 (hereinafter the "Petition"). The AMCA is a civic organization representing the interests of members and supporters who are property owners in Ave Maria, Florida, and who are substantially affected and impacted by the Petition, including all of the Residents. This letter pertains to any and all of the BCC's public meetings, hearings and deliberations regarding the proposed BCC resolution that would approve the Petition (hereinafter the "Hearings"). This purpose of this letter is to request and demand that the BCC follow quasi-judicial procedures in the Hearings and in deciding this matter, and that Residents be considered parties to the Petition and be granted full due process including a meaningful opportunity to be heard and to present evidence regarding the Petition. With respect to the Petition, each of the Residents hereby makes the following requests and demands of the Board of County Commissioners for Collier County,Florida (hereinafter"BCC"): 1. That each of the Residents be considered a Party to the Petition, including during the Hearings. 2. That the BCC provides to me, at least 48 hours prior to any and all Hearings, an outline of the procedures and rules by which the Hearing will be conducted. 3. That any and all Hearings be conducted as quasi-judicial proceedings pursuant to Chapter 3 of the Administrative Code for Land Development dated 9/24/2013 as well as the provisions of Florida Statute 286.0115. 4. That each of the Residents be permitted enough time and opportunity to be heard at any and all such Hearings. 5. That each of the Residents be permitted to orally present evidence and testimony on the record to the BCC during any and all such Hearings without undue time restrictions. 6. That each of the Residents be permitted to present documentary evidence on the record to the BCC during any and all such Hearings without undue restrictions. 7. That each of the Residents be permitted to present testimony and witnesses on the record at any and all such Hearings without undue time restrictions. 8. That each of the Residents be permitted to question and examine on the record all witnesses and parties who appear at any and all such Hearings without undue time restrictions. 9. That each of the Residents be permitted to question and cross-examine on the record all witnesses and parties who appear at any and all such Hearings without undue time restrictions. 10. That the Residents be afforded 45 minutes of time collectively to present evidence at each of any Hearings, and that an attorney may appear on behalf of the Residents and use this same 45 minutes to do the things listed above in items 4 through 9. The Residents contend that the Petition cannot be approved by the BCC because it violates the Land Development Code (Hereinafter the "LDC"), violates the Rural Land Stewardship provisions of the LDC, harms and otherwise violates the vested interests and rights of the Residents, and violates public policy because it nullifies the stated goals of the Ave Maria SRA Town Plan and Master Plan. Due to the rapidly approaching BCC meeting on October 14,I trust you will be able to send a prompt reply. FIDES&RATIO FOR THE FIRM Robert L. 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Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated ApriI1 , 1998, which are attached to, and made part of, this permit as Attachment "B"." Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated ApriI1 , 1998, which are attached to, and made part of, this permit as Attachment "B"." Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." t , Good morning! I'm Barry Nicholls, owner of Paradise Jewelry. I'm addressing the issue of the sign holders. First, let me say that this is a non-issue, a tempest in a teapot if you will. Arguments have been made against having sign holders, but they are either distractions, or irrelevant. For one thing, the issue has already been litigated. In Mobile Exposure vs Collier County, the county paid a settlement of$225,000 dollars to Mobile Exposure on the issue of moving signs, not unlike our moving sign holders. First I am going to address the reasons that we should have sign holders, then I'll address the false arguments against. There a four main points: 1) Selective Enforcement 2) Businesses Need for Exposure 3) Sign Holders Need Employment 4) Freedom of Speech Selective enforcement. Collier County has not enforced this alleged ordinance for years. Now they are suddenly calling for compliance. This is unfair to the small businesses involved. It is unfair to the people finding this kind of employment. Small businesses need the exposure. We are the backbone of the economy. We are not asking for anything,just asking not to have things taken away. Collier County contends that it wants to be "business friendly". Please show us. The people employed to hold signs need the jobs. In many cases, they can't hold any other job. It's unfair to deprive them of respectful, useful work that they can take pride in. Freedom of speech. People are protesting and walking back and forth with signs. But we can't use the same method to advertise useful goods and services? What is the difference? There is no difference! Our nation is built upon capitalism and 1 freedom of speech. Nationally and locally the people are weary of government interfering with our business. It is apparent that the issue of sign holders in Naples is one of elitism and snobbery, nothing more. No one wants to call it that, of course. That admission would be embarrassing. Now the other side. Reasons have been given why we should not have sign holders on our streets and intersections. The reasons given are simply distractions and have no relevance or merit whatsoever. I will go over each reason. Here are the five reasons: 1) Traffic Distraction 2) Sign Clutter (Visual Pollution) 3) Employee Danger 4) Public Right of Way should not be used for commercial purposes. 5) Community Status 1) Traffic Distraction. The sign holder signs are no more distracting than all of the other signs. And the commission has already shown that they don't think that distraction is an issue. DOT has an enormous sign over I-75 advertising Amber Alerts. See the picture attached. No one has complained. Collier County Commissioners haven't petitioned the state to take down or move the signs. Collier County itself uses a three line electronic sign on the median on Livingston and other places to advertise events and hours of operation at the county water park, etc. (See picture attached.) The Sheriff's Dept. uses electronic signs to show at what speed traffic is travelling. Collier County Commissioners haven't complained. 2 I.n fact, the county specifically allows signs like ours already. In the Executive Summary from Code Enforcement Jeff Wright, and County Attorney Jeffery Klatzkow, part I, paragraph B it says: "... Temporary use approval would allow the placement of directional ground signs in the PROW, in conjunction with the special event. Both TUP authorization and a directional sign permit are required in order to place these signs in the PROW. The temporary use and related directional sign in the PROW are generally limited to 28 days per calendar year (an additional 28 days may be granted via Board approval)." If they're not dangerous for 56 days, then it's safe to say that they aren't dangerous at all. Clearly the county doesn't feel that signs of this type constitute a danger to the driving public. In other words, the signs are okay, and not dangerous. Restricting them now is not necessary. In the recommendations, a report by the Governors Highway Safety Association was referenced. It didn't address the issue of sign holders at all, just texting while driving, a different issue altogether. Using it on the issue of sign holders is just a red herring. There have been NO accidents in which sign holding was implicated. The only accident was a sign holder who was run over while on a sidewalk. He wasn't run over because he was holding a sign. He was run over because the driver was under the influence, not paying attention, and jumped a curb. In fact, if the driver had noticed the sign, he probably wouldn't have hit it! 2) Sign Clutter. For five years, during the worst recession in many years, we've used sign holders with no restrictions. There has been no clutter. Now the economy is improving. There is no reason to believe that there is suddenly going to be sign clutter at this point. Commissioner Tim Nance, at the meeting of Sept. 9, said on page 159: "I don't think it's an epidemic, or a blight on our community. If it was any of those things, 3 in the recession, we would have had 20,000 sign holders out there, and we really didn't..." He was absolutely right. 3) Employee Danger. The only sign shaker who has been injured, was Steve Duzsik. He was killed while standing on the sidewalk by 7 Eleven. Someone jumped the curb and ran over him. He was standing where he had every right to think he was safe. If the sidewalks are unsafe, it would behoove us to outlaw their use for any purpose. 4) Public Right of Way should not be used for commercial purposes. The public right of way is to be used by the public, of which businesses are members. As long as we don't block anyone else's use of the public areas, we should be free to use them also. This is an issue of free speech. Others are allowed to carry signs (i.e. picketing Planned Parenthood) with no restrictions. The argument is that their speech is not commercial. Our free speech may be commercial, but we have the right to try to make our businesses survive. We are members of the public, and our taxes go a long way to pay for the public areas in question. This country was founded on the principals of free enterprise, entrepreneurship and capitalism. Small business is the back bone of our economy. We are in a difficult area, and need all the support we can get. In this case, we're not asking for anything to be given to us. We're asking not to have something taken away. The sign ordinances here are so restrictive that it took 22 years for me to be able to get a sign on the pylon at my plaza. 5) Community Status These are not drunken bums standing by our roads. They are hardworking people who deserve the opportunity to make an honest living like anyone else. It would be severely elitist to say they don't belong out in public. 4 The first two people I hired to hold signs for me were two homeless men I got from St. Matthews house. They pooled their paychecks and got an apartment. They were no longer homeless. Someone approached me and asked if I would hire people with disabilities. I said, of course, as long as they can do the job. How about a woman in a wheelchair? I said I would make an exception to the "stand up" part of the job description for her. He also sent me a mentally disabled man. His mind was about 12 years old. When he got his first paycheck, he was so proud of it, that he didn't want to cash it. He loved waving it around and proving that for the first time in his life, he was a productive, full-fledged member of society. He needed to have that dignity. We all do. Let's not take that away from these people. In most cases, they can't work any other job. And if I have to fire them, they can't even collect unemployment, because they don't have any job history. My people are paid above minimum wage. They stay off of the sidewalk. They don't drink alcohol or smoke while working. They are not bums. They are hardworking people with pride and dignity. Back to the real reason for all of this fuss: elitism: It's "We just don't like it." "It just doesn't fit our idea of what streets in Naples should look like." As a matter of fact, this issue has already been litigated in Collier County. The county tried to forbid travelling signs on the sides of trucks. They lost. This issue is very similar. Let's not fight about it, let's just let businesses survive with no fuss. So to recap, there are four good reasons for the sign holders: 1) Selective Enforcement 2) Businesses Need for Exposure 3) Sign Holders Need Employment 4) Freedom of Speech There are five reasons against, and they are non-reasons. 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