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CCPC Agenda 11/19/2015
COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA NOVEMBER 19, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, NOVEMBER 19, 2015, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — October 15, 2015 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA A. CU- PL20140000543: A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a church within an Estates (E) zoning district pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code for a 4.05± acre property located on the south side of Pine Ridge Road (C.R. 896), one - quarter mile east of Interstate 75, in Section 17, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] Note: This item has been continued from the October 15, 2015 CCPC meeting then further continued to the December 3, 2015 CCPC meeting: B. PUDA- PL20140000548: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2003 -11, the East Gateway Planned Unit Development, by adding 250 residential dwelling units to be developed in addition to the commercial development on the commercial development area or as an alternative to industrial and business park development on the industrial business park development area; by changing the name of the planned unit development to the East Gateway Mixed Use Planned Unit Development; by adding Permitted Uses for residential development; by adding Development Standards for residential development; by adding Deviations; by revising the Master Plan; by adding Exhibit B and Exhibit C, Road Right -of -Way Cross Sections; by revising Developer Commitments for the PUD located on the north side of Davis Boulevard and west of CR 951 in Section 34, Township 49 South, Range 26 East, Collier County, Florida consisting of 37.5± acres; and by providing an effective date. [Coordinator: Fred Reischl, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued from the August 20, 2015 CCPC meeting the September 17, 2015 CCPC meeting, then again from the October 15, 2015 CCPC meeting: A. PUDA- PL20150000178: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95 -33, the Briarwood PUD, as amended, to add Private Clubs and Private Parking Garages, and associated accessory uses, as a principal use in Tracts B & C: Community Commercial, to add minimum standards for Private Clubs and Private Parking Garages, to increase the maximum floor area for Private Clubs and Private Parking Garages in Tracts B & C: Community Commercial from 20% of the commercial land area to 49% of the commercial land area which comprises 198,500 square feet of the building footprint on the ground level and an additional 97,500 square feet limited to a mezzanine area, to add a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio Road, to add a deviation allowing the required 8 -foot wall at the top of a berm instead of being located at ground level, to add a new Alternative Landscaping exhibit for Livingston Road and Radio Road, and to add a new Conceptual Master Plan for the Private Clubs and Parking Garages, for the PUD property consisting of 209.17± acres located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Eric Johnson, AICP, CFM, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows /jmp October 15, 2015 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, October 15, 2015 LET fT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Mark Strain Diane Ebert Karen Homiak Charlette Roman Andrew Solis ABSENT: Stan Chrzanowski Raymond V. Bellows, Zoning Manager Fred Reischl, Principal Planner Heidi Ashton - Cicko, Managing Assistant County Attorney Tom Eastman, School District Representative Page 1 of 37 October 15, 2015 PROCEEDINGS CHAIRMAN STRAIN: Good morning, everyone. Welcome to the Thursday, October 15th meeting of the Collier County Planning Commission. If everybody will please rise for pledge of allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. Will the secretary please do the roll call. COMMISSIONER EBERT: Yes. Good morning. Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER EBERT: Mr. Chrzanowski is absent. Mr. Solis? COMMISSIONER SOLIS: Here. COMMISSIONER EBERT: Ms. Ebert is here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms. Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: And, Ms. Roman? COMMISSIONER ROMAN: Here. Thank you. CHAIRMAN STRAIN: And Mr. Chrzanowski does have an excused absence. He notified us ahead of time, or me ahead of time on the matter. And with that we'll move to our addenda to the agenda. We have an interesting series of requests this morning, an odd one, which I've got to admit is the first time in all the years we've been doing this I've heard this. The applicant has asked for a continuance of the consent agenda Item 8A, which is the East Gateway mixed use planned unit development. They've asked for a continuance into next month. I just got off the phone with one of their representatives and told them that it might be the second meeting instead of the first. They didn't seem to have a problem with that. I kind of wanted to discuss this with the Board. I don't know if all of you have read the consent item -- I'm assuming you have -- that came through. It isn't consistent with the recommendations that this board had asked for. In fact, it's inconsistent in quite a number of pages. Staff realized this in a discussion we had on Monday or Tuesday. And I know you've all seen a corrected paper that went out with some clarification. That only is a piece of it; not nearly enough of it. So I think we've always tried to cooperate when a continuance is asked for, so I think it would be the best to allow the continuance to go forward, and I would suggest November 19th in lieu of the 5th, but I also would suggest that staff take control of the document and submit a document consistent with what this Planning Commission's recommendations are going forward so the Board can see a document in front of them that we recommended, not one the applicant is insisting on that we did not approve. And I think that just -- that just needs to be done -- we need to be in the front seat, not the back seat. And I would like staff then, the amount of time we're going to have between now and the 19th, to clean the document up pursuant to the directions the Planning Commission had. And besides what you had come up with on the flier you sent out, there were some other areas that needed to be changed; for example, the master plan. The master plan had references to the deviations that we asked not to have approved. There was also something in the lower -- in the top of the master plan that was still inconsistent with the code in regards to the buffers and the setbacks from I -75 for the width of the buffer. If you're within 400 feet of I -75, you have to have a 25- foot -high buffer with other criteria. It's in a separate section of our code. They still didn't acknowledge that in the master plan. They had one little piece, and that wasn't the point. It wasn't consistent with the code. Likewise, in the lower right -hand corner of the master plan, there was a series of numbers there that showed they wanted to have Tract C/R 20 acres, 200,000 square feet /598DU. And they said the same thing Page 2 of 37 October 15, 2015 for the IBR tract. Well, that's not what we're talking about. We're talking 250 for the whole project. And also where they reference 250 in the document and made the change, the language can be cleaned up a little bit. The County Attorney's Office had some suggestions, which will give us time to incorporate those. And then also the graphics for the street cuts. The graphics -- we are insisting on sidewalks on both sides of the street, not just one. So the graphic won't work. There's a lot of little cleanup items like that that I think staff needs to go through and take command of the document and produce what the Planning Commission asked for. And as far as what the applicant wants to argue, they have that opportunity in front of the Board just like they had the opportunity here with their version of the document. So I would recommend a continuance conditioned upon that being part of the reasoning. Heidi? MS. ASHTON- CICKO: I don't think we -- CHAIRMAN STRAIN: Your speaker's not working. MS. ASHTON-CICKO: I don't know that we have the ability to amend the master plan. If we don't, do you want to still hold up the item until they make the master plan consistent with the direction today? CHAIRMAN STRAIN: Well, I don't think they can make all of the changes in the master plan consistent. I think their option's going to have to be to locate that portion of the preserve on site that still needs to be there with the exception of what they legally can take off site consistent with all of the other PUDs we allow in the county, and the retention of the 2.5 acres in the South Florida Water Management District preserve. They can go 75 percent -- they can show 75 percent of it now and hold 25 percent off until the -- until they go for SDP. Of that 75 percent, a good portion of it is in that South Florida preserve, and it's already located. So they only have a small fraction to additionally locate. If they don't want to do that, I just think that we ought to clean the plan up and note on the plan to the Board of County Commissioners that that needs to be shown and hopefully, through their process, it will be shown. I don't know how to take hold of the master plan unless, you know, one of you guys have got an idea. Do you have any access or way to do that? MR. REISCHL: Fred Reischl, Zoning Division. I don't know in our department who would have the ability to, for example, redraw that road cross - section. I can investigate, and hopefully we can find another department that will be able to do that. CHAIRMAN STRAIN: I think we ought to look at it. Heidi? MS. ASHTON-CICKO: I mean, we can tell the applicant that it won't go forward until the plans are amended consistent with the CCPC, and we can take control of the text of the PUD document. We can certainly do that, if that works. CHAIRMAN STRAIN: And I think -- I'm not trying to not have a project go forward. Their basis for the project, I think, is still sound. What they're asking to do there is not negative. It's positive, except for the deviations, which this board weighed in on. I don't know if we -- let's just see how far we can get with them. And on the 19th, if we're not satisfied, we can always vote not to accept it on consent. I think that would be the best. Maybe there'll be a better avenue of cooperation between the applicant and this board in regards to how they clean the document Up. I think a fair portrayal going to the BCC for both items would be a better way to proceed than to just show what they disagree with as something that we didn't approve. I don't see that as the right way to go, so... Does anybody else have any different thoughts on that? COMMISSIONER ROMAN: I'm happy to hear that, because it was a totally different document than what we had approved at our last meeting. Do you need a motion, Mr. Chairman? CHAIRMAN STRAIN: Oh, I'd like to have a motion to have this continued until the 19th of Page 3 of 37 October 15, 2015 November, and that's all we would need, and a second. Do you wish to make -- COMMISSIONER ROMAN: Okay. I'll move that the East Gateway consent- agenda item be moved to the November 19th meeting. COMMISSIONER EBERT: And I'll second. COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Second by Karen. Discussion? Andy, are you -- COMMISSIONER SOLIS: And I'm abstaining from voting due to a conflict. CHAIRMAN STRAIN: Okay. Thank you. Okay. That's a motion made and seconded. All those in favor, signify by saying aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 4 -0 with one abstention. Thank you. That gets us past the first one. Next item up -- oh, the next item on the agenda is the Planning Commission absences. Our next meeting is November 5th. Does anybody know if they're not going to make it on the November 5th meeting? MR. BELLOWS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. BELLOWS: Pardon for the interruption, but I just wanted to make sure we're on Item 9A; that's been also continued? CHAIRMAN STRAIN: Well, I haven't got that far yet. I'm sorry. I was going to take those back when we get them in order only -- and I guess we could do all of them at one time. And I'll have to see from the audience, then, right now. Thank you for pointing that out, Ray. ** *Let me backup then. We'll go back to the addenda to the agenda. We had two other requests for continuance. Both of these items had been brought up at a previous meeting. The first one was the Summit Church, and it's CU- PL20140000543. It's a conditional use request on the south side of Pine Ridge Road next to, I believe, Napa Way. That we originally heard on September 17th. It was continued to today, and the request is to continue it to the November 5th meeting. Does anybody have any discussion on that item? (No response.) CHAIRMAN STRAIN: If not -- MR. REISCHL: Mr. Chairman, I can add some information to that. There's going to be a second neighborhood information meeting next week, and we still -- staff still hasn't received a new copy or a revised copy of the plan. So chances are it's not going to be November 5th either. It's probably going to be the 19th or later. CHAIRMAN STRAIN: Well, actually, that would work out real well. MR. REISCHL: Right. CHAIRMAN STRAIN: So keep us informed on that, if you don't mind, or -- I mean, you'll have to do it by email, because if that particular item gets canceled on the 5th, we probably won't have a meeting. So at least we'll have that ahead of time. And I'm glad to hear they're doing another neighborhood information meeting. I also heard they've reduced the size of the building substantially, maybe; I hope to see it. At least that would be another positive move. MR. REISCHL: I haven't seen that yet. I just heard about the NIM. CHAIRMAN STRAIN: Okay. Well, is there a motion to continue Item CU- PL20140000543 to the November 5th meeting? Page 4 of 37 October 15, 2015 COMMISSIONER EBERT: I make a motion to continue. COMMISSIONER ROMAN: I'll second it. CHAIRMAN STRAIN: Made by Diane, seconded by Charlette. MS. ASHTON- CICKO: Mr. Chair? CHAIRMAN STRAIN: Yes, Heidi. MS. ASHTON- CICKO: May I also ask that if the meeting is canceled on November 5th, that it automatically be continued to the 19th? CHAIRMAN STRAIN: That's a good idea. MS. ASHTON- CICKO: Thank you. CHAIRMAN STRAIN: Thank you. Would the motion maker like to add that to their motion? COMMISSIONER EBERT: Yes, I will, with the -- COMMISSIONER ROMAN: And the second stands. CHAIRMAN STRAIN: And the second. Okay. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, please signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5 -0. ** *The next item up for continuance is PUDA- PL20150000178. This is the Briarwood PUD. It was continued from the August 20th CCPC meeting. It's being asked to be continued to the November 19th meeting. Anybody have any -- COMMISSIONER EBERT: We're going to be busy. CHAIRMAN STRAIN: Well, they're having -- they're having another NIM or they had another NIM, and they need some time between the NIM and the -- to react, so -- COMMISSIONER EBERT: Sure. CHAIRMAN STRAIN: -- I think all these things are good. People are trying to hopefully find solutions. So with that -- COMMISSIONER HOMIAK: I'll make a motion to continue to -- COMMISSIONER EBERT: And I'll second. CHAIRMAN STRAIN: Made by Karen to continue to the 19th, seconded by Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5 -0. For those of you in the audience, if you're here for Summit Church or if you're here for Briarwood PUD, they've been continued to the November meetings. Page 5 of 37 October 15, 2015 That takes us back to our agenda where I was talking about Planning Commission absences. Just in case we do have a meeting on the 5th, I believe there was nobody saying they couldn't be here. So that takes us to the 19th. If we miss the 5th, how do we look for the 19th? Okay. And I know I -- Stan had emailed. He had issues with today's meeting but intended to be here on those other dates, so I'm sure we can count on him as well. And then the next item is approval of minutes. The September 17th minutes were distributed to us electronically. Anybody have any changes or corrections? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion? COMMISSIONER HOMIAK: Motion to approve. CHAIRMAN STRAIN: Seconded by? COMMISSIONER ROMAN: Second. CHAIRMAN STRAIN: Charlette. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5 -0. Ray, I know you have a BCC report this time. MR. BELLOWS: Yes. Last Tuesday the Board of County Commissioners heard the PUD amendment for the Wilson Center that had the communication tower. That was approved by the Board of County Commissioners by a vote of 4 -1 subject to the Planning Commission recommendations. They also heard the amendment to the First Assembly PUD, and that was also approved subject to the Planning Commission recommendations. Then the appeal for the Henderson Creek boat dock extension was continued to November 10th. CHAIRMAN STRAIN: I had a meeting with the Affordable Housing Committee yesterday, and they had said that the time frames on the First Assembly were modified. Do you recall that? MR. BELLOWS: I didn't catch that part of it, and -- CHAIRMAN STRAIN: I thought they were modified at the board meeting. I tried to catch the board meeting, but I had so many meetings I didn't see all of, so -- here's Mike. He might have -- I know Mike was there. MR. BOSI: Mike Bosi, Zoning Director. Yeah, the time frames for -- the initial offering, the applicant was looking for 14 days. The Board of County Commissioners increased that to 45 days that they would initially offer the essential service personnel. CHAIRMAN STRAIN: What about on potential re- rentals afterwards; was there any time frame change on that? MR. BOSI: They put a condition that there would be a requirement that each tenant would have to provide notification 60 days if they intended to not renew their lease, and that would give them 30 days to market to the essential service personnel before that unit became vacant. CHAIRMAN STRAIN: Okay. So the 14 days, basically, was removed from the picture? MR. BOSI: Absolutely. CHAIRMAN STRAIN: Good, because I think that was a good move, and I'm glad the Board was able to get that accomplished with the applicant. Thank you. Page 6 of 37 October 15, 2015 MR. BOSI: Okay. CHAIRMAN STRAIN: Okay. That -- I don't have a chairman's report. We have enough issues to talk about when we get into the two remaining items. We've already discussed the consent 8A. It's been continued. 9A and 9B have been continued, which takes us directly to 9C. * * *9C is PUDA- PL20150000249. It's the Pine Ridge Center West planned unit development on Pine Ridge Road south of Livingston -- or east of Livingston Road. 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.) CHAIRMAN STRAIN: Okay. Disclosures on the part of the Planning Commission? We'll start down with Tom. MR. EASTMAN: None. CHAIRMAN STRAIN: Andy? COMMISSIONER SOLIS: Yes. I did speak with Mr. Mulhere. CHAIRMAN STRAIN: Okay. COMMISSIONER EBERT: And I just spoke with staff on this one. CHAIRMAN STRAIN: Okay. And I had various meetings with staff, meetings with the representative, Mr. Mulhere; one of the other gentlemen involved; their attorney, Mr. Richard Grant; and a few others at the meeting; mostly staff. And with that Diane -- Karen? COMMISSIONER HOMIAK: Karen. I spoke to Mr. Mulhere. CHAIRMAN STRAIN: Thank you. Charlette? COMMISSIONER ROMAN: I spoke with Bob Mulhere. CHAIRMAN STRAIN: Okay. Thank you. Bob? MR. MULHERE: Thank you. Good morning. For the record, Bob Mulhere with Hole Montes here on behalf of the applicant. And with me this morning is Richard Grant, who is the attorney on this project; Alex Pezeshkan. Fred Pezeshkan, unfortunately, is out of town. He wished he could be here, but Alex is here; and Ron Reitz from Schenkle Shultz, who is the architect on the job; Norm Trebilcock. You all know our fantastic transportation consultant; Paul McMichael, who works with me. Also fantastic, by the way; and -- COMMISSIONER EBERT: He has to be to work with you. MR. MULHERE: And Amir -- let's try this -- Shirvan -- Shirvanipour. Hey, I got that right, okay, who works with Summit Management Group, which, amongst other things, manages the property. I don't think I forgot anybody. To start out, there was a -- there were a couple of documents handed out to you, but the first one was a revised front page of the staff report. And just for the record, because I did commit to addressing this, John Garbo, who is a representative with Germain, called me and was concerned because there was an error on the staff report that showed Germain as being an applicant, a co- applicant. They are not a co- applicant to this project, and we didn't indicate they were. For whatever reason -- they do own property and have owned property over there -- somehow they made it on the staff report. So this revises that. For the record, they are not involved as an applicant on this project. And I'll show you where they do own property when I go over to the visualizer. So let's maybe talk a little bit about the location. If you look at the visualizer, of course, Pine Ridge Road and Livingston Road. This is the Baldridge PUD right here on the corner. You can see there's connectivity that allows folks to avoid the intersection, to head east on Pine Ridge or north on Livingston or, actually, at the present moment they can actually go south on Livingston, so... There is a residential development just over here. And this area in here is all preserve. Of course, this -- there's a fire station here. This Brynwood Center PUD is undeveloped at the present moment, but this requires interconnection to Baldridge, and Pine Ridge West -- Pine Ridge Center West also requires Page 7 of 37 October 15, 2015 interconnection to Brynwood, which requires interconnection to Baldridge. So there will be connectivity. Those are -- there are two PUDs here. They're sort of sister PUDs. They're mirror PUDs in terms of size and dimensions. And this is the retail bank. Integrity Bank -- Community Bank of Naples -- First Integrity Community Bank of Naples, I believe. I bank there; I should know. And then this here is an office building. This is the Kraft building. And that building and this building were approved to be built over the lot lines, as you can see. And this is a garage. Kraft office building. And this is a warehouse, a small warehouse in the back. This is a preserve back here, and there's a preserve right here. And so this PUD has some vacant land, as you can see, and the subject parcel we're talking about is right here. This is platted Tract B. This parcel right here is under construction. If you've driven by there lately, you'll see that there is a building going up, and that is a car -care building, and that parcel is owned by Germain -- I'm not sure the exact legal entity. I have it written down here, but Germain, et al. It looked a little fuzzy to me, but hopefully you can see that. Anyway, this is the PUD master plan. You can see the preserve I indicated here, and you can see that this is platted Tract B here. And we have a couple of amendments to the PUD master plan which I'll discuss, but I just wanted to show you that master plan and this interconnectivity here to the parcel to the west and, of course, your access here through this Kraft Road right here. There are, essentially, three components to this request. We are requesting to add a parking garage, maximum two stories not to exceed 30 feet in actual height, and that parking garage, as we have restricted it in the PUD -- and I'll go over those changes in just a minute -- but I'll point this out to you -- could be located anywhere on platted Tract B. One thought is to maybe locate it between the proposed office building and the Germain new construction. We also have the option in the PUD, if we can mitigate off site for a portion of this preserve, we could locate it here. Of course, the benefit of that is it could be co- utilized by the other office buildings. The second request is to add 40,000 square feet. Originally our request was of commercial uses, the full list of commercial uses. We have subsequently restricted that to 40,000 square feet of office use. And also to increase the maximum building height to four stories not to exceed 50 feet. There is an architectural rendering up here. Over the last, I'd say, maybe seven to 10 days, some issues arose, and I want to go over the changes that have been made in this document. And, Mr. Chairman, I'm thinking the easiest way is for me to use the visualizer to do this. CHAIRMAN STRAIN: I agree, Bob. And we can walk through the pages as you throw them on the visualizer. MR. MULHERE: And let me just explain that this -- many of these changes were necessitated by the fact that now, just a few weeks ago, you have reviewed the 2015 Annual Update and Inventory Report, and although the Board hasn't approved that yet, with that knowledge, as we met with several of the planning board commission members, this issue came up, and staff raised the issue as well. And so we worked over the last, I'd say, you know, 10 days with Trinity Scott and Michael Sawyer and Mike Bosi and Fred Reischl to try to -- to address these issues. And so we believe we've done that, and we believe that staff -- there was a supplemental staff report, I'm sure you saw, that addressed the transportation issues. That really is the genesis for most of these changes. There were a few other minor issues that came up, and I'll go over those as well. So the first change occurs on Page 10 of the revised document that I provided to you. You'll see that it is highlighted in yellow. Under accessory uses, D4, parking structures, we clarified exactly -- and I already indicated this to you, but we clarified where the parking structures may be located -- the parking structure may be located. I struck out that reference to height because it's located in another section. I'll show you where that's located. And then on -- CHAIRMAN STRAIN: Before you go past 4 -- and I know you just said you were going to do that, could you -- let's finish with that paragraph first. It says, adjacent to platted Tract B to the south. It will be either within B or adjacent to Tract B to the south. Page 8 of 37 October 15, 2015 What map shows Tract B to the south? MR. MULHERE: Well, the master plan does so -- CHAIRMAN STRAIN: Well, isn't that the master plan? MR. MULHERE: Yeah. That's what's on there. CHAIRMAN STRAIN: Well, it shows platted Tract B. MR. MULHERE: Yeah. CHAIRMAN STRAIN: But then it says an "or" parenthetical B, adjacent to platted Tract B to the south. How far south were you intending to go? I mean, the concern I had expressed was that that rear preserve buffers Avow Hospice, and we shouldn't be messing with that. MR. MULHERE: Well, it's limited to Tract P4, and that's also shown on the master plan. CHAIRMAN STRAIN: Then -- okay. Gotcha. Thank you. MR. MULHERE: And that was -- we thought about that and tried to be very restrictive in the language, so that would -- it most likely, if it went there, would only be a portion of that preserve, too, but at least that gives the comfort that that other preserve will not be touched. On Paragraph E of that page -- CHAIRMAN STRAIN: Boy, I hate to keep interrupting you. MR. MULHERE: That's all right. No problem. CHAIRMAN STRAIN: But I didn't want you to pass a page if we had other questions on it. So why don't I ask the Planning Commission, to start, do we have any questions prior to this page in the document? (No response.) CHAIRMAN STRAIN: On this change you're making on 4, under accessory uses, you previously had a reference in there about the height of the parking structure not to exceed 30 feet in actual height. Did you move that to another section? MR. MULHERE: Yes, I believe it is. Well, it's still there. Parking structure's limited to two stories not to exceed 30 feet in actual. CHAIRMAN STRAIN: Oh, it's in the front. Okay. You moved it from the bottom to the top. MR. MULHERE: Yes. CHAIRMAN STRAIN: Thank you, Bob. Appreciate it. MR. MULHERE: No problem. Paragraph E, as I indicated, as a result of the new AUIR and the failing segment on Pine Ridge Road, we have agreed to a number of conditions, but one of which is limit the additional 40,000 square feet to office which, as you know, is a significantly lower traffic generator than the whole list of 15 or 20 uses that could otherwise go in there. And that was -- our original request was just to add the 40,000. Now it's limited to office. And that's the intent, so... The next change is on Page 12 of 18, and that deals with lighting. That's existing language, and what we've added is that lighting within the parking structure is limited to 12 feet above -- it says above the parapet wall. We probably should say the top of the parapet wall -- if you don't disagree -- for clarify. Because the lighting may go on top of the parapet wall. CHAIRMAN STRAIN: But it will be 12 feet from the deck, or 12 feet then from the top of the parapet? MR. MULHERE: From the top. So 30 feet is the top that we're allowed; 12 feet from that. CHAIRMAN STRAIN: Okay. MR. MULHERE: And that's the maximum. CHAIRMAN STRAIN: So it wouldn't be going on the -- it could go on the parapet wall, but then you're going to cut it down to the height of 12 feet above the deck? MR. MULHERE: No. We're saying -- we're asking for 12 feet. We discussed it. We started at 15 feet. We actually lowered it to 12 because the lighting may actually be placed on top of the parapet wall. So maximum height would be with -- from the ground to the top of the pole, 42 feet; 30 feet for structure. CHAIRMAN STRAIN: Gotcha. Well, then you're 12 feet above deck. Well, no. The structure would be -- MR. MULHERE: No, it could be. Page 9 of 37 height. October 15, 2015 CHAIRMAN STRAIN: Yeah. It would be 30 feet for the top of the parapet, because that's actual dMIUMIJA01113tw •�i 7Mk CHAIRMAN STRAIN: And then your pole will be 12 feet on top of the actual. MR. MULHERE: Correct, maximum. CHAIRMAN STRAIN: No more than 12 feet. MR. MULHERE: Maximum, yes. CHAIRMAN STRAIN: Okay. I understand. MR. MULHERE: The next change occurs on Page 17. And this, of course, is a significant change. We had previously, based on the TIS, limited the maximum unadjusted two -way traffic count P.M. peak hour to 599. And with our commitment to limit that 40,000 square feet to office, we've met with staff and agreed to limit that to 340. So there's a significant reduction there to address that deficiency and, obviously, there may be -- between now and the time we come in for Site Development Plan, there could be some correction to that. The deficiency may no longer exist. But for now we have to address it, and we've agreed to do that. That, I think, is the extent of the changes. Did you have a copy of the master plan, too? I just wanted to go over -- I just wanted to go over this note here just to put on the record that we also provided that same limitation of office on that note as was suggested by one of the Planning Commission members to, you know, be sure that we limited to -- that the additional 40,000 square feet is office only. CHAIRMAN STRAIN: That's on the bottom right -hand corner of the page that you've got. MR. MULHERE: Yes. CHAIRMAN STRAIN: It doesn't show up that way on the overhead. You might need to zoom out, is what I was suggesting. MR. MULHERE: Oh, sorry. Oh, yeah. I wasn't looking at that. Excuse me. CHAIRMAN STRAIN: Okay. That. MR. MULHERE: That first note, Number 1, reads, the additional 40,000 square feet of office use, thereby providing additional clarification. I don't know -- you may know that there is the Collier County -- I don't know if I get the exact name correct, but I think it's economic incubator is located presently in the Kraft building. And there is -- part of the reason that we came in for this request for increased square footage is there is a lot of interest, and we feel this is a very good location. And Mr. Pezeshkan is very involved in that and working to grow our economy with the kind of uses that we'd like to see working with the county. And so this location makes a lot of sense, and that was the nexus or the genesis of our request to increase the square footage. That concludes my presentation. If I've missed anything, somebody will let me know; otherwise, we're open for questions. CHAIRMAN STRAIN: Okay. Charlette? COMMISSIONER ROMAN: Yes. Bob, I just need clarification again on this parking structure. And could you point to where exactly you're looking at the south end of that platted tract? MR. MULHERE: Absolutely. So if you look at the visualizer, we identified plat -- and this was confusing because the plat uses different references than the PUD master plan, which is why we put this language on there as we did so it would be clear, platted Tract B, which is shown in the hatching. So anywhere on platted Tract B that parking structure could go. So if we located the office building here, we could put it here. If we located the office building here, we could put it here. And there was -- after seeing the new building go up, some thought was to put it between that building and our office building, which will be very nicely done, and so it would have a little buffer to that kind of retail. There's going to be some truck bays and stuff like that on the new building here. So the other option that we always looked at was a location just -- it could be partially on Tract B and partially within this preserve. The PUD allows us to mitigate off site. The county is fine with that, but that conservation easement is also dedicated to the South Florida Water Management District, and we have not gotten a vacation from them yet, from the preserve component of that easement. We're looking at that. We're in process. We may or may not succeed with that. If we don't succeed, we can't do it. If we do, one option would be a portion of this preserve. Page 10 of 37 October 15, 2015 COMMISSIONER ROMAN: But the preserve remains at a minimum of one acre on site; is that correct? MR. MULHERE: On site, correct, correct. And that would be retained back in here. COMMISSIONER ROMAN: Okay. Thank you very much. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Bob, just a couple clarifications. On your master plan that you had on, I think it was -- MR. MULHERE: Yes. CHAIRMAN STRAIN: -- on a previous one of the pages. There it is, Page 19. That's the page. Your note in your upper right -hand corner, are you seeking a deviation, the native vegetation? MR. MULHERE: For the native? Yeah, we did ask for that as part -- CHAIRMAN STRAIN: Well, I thought you did, but this isn't stated in the same way that the deviation's stated in the PUD. Remember we asked about mimicking those? MR. MULHERE: I think that's because the code actually allows for you to request this off -site mitigation. So technically I don't know that it's a deviation. Code actually allows for it. CHAIRMAN STRAIN: Well, the staff report -- and I was going to get into this when we get to the staff -- says there are no deviations in the staff report. But I know that you're asking for this to be off site, but I also noticed that if you go three pages back, I think it's Page 15 -- MR. MULHERE: Of the PUD or the staff report? CHAIRMAN STRAIN: Of the PUD. MR. MULHERE: Fifteen? CHAIRMAN STRAIN: I'm trying to find it now. There was a reference to on -site preserves. MR. MULHERE: That's under the environmental, Page 17 on the bottom. CHAIRMAN STRAIN: That's it. If that's in your intention and it's going to be consistent with the LDC, you don't need it as a deviation. MR. MULHERE: That is the way I understood it, yep. CHAIRMAN STRAIN: And the concern I had with the statement on the master plan, it's different in text than the statement on 4.10(A). And I was suggesting you probably don't need it on the master plan, or if you want it there, I mean, it clutters it up, but why don't we just use the same text? MR. MULHERE: I thought -- I thought we changed it on the -- on this -- I thought it was -- CHAIRMAN STRAIN: On the master plan that's on there right now, that's not the same language identical to the language that's in the PUD. MR. MULHERE: Let me look. CHAIRMAN STRAIN: All I'm suggesting is let's just make them the same. MR. MULHERE: I gotcha. COMMISSIONER ROMAN: Well, the first sentence is the same. CHAIRMAN STRAIN: Oh. MR. MULHERE: Pretty close. CHAIRMAN STRAIN: Yeah, you're right. I -- COMMISSIONER ROMAN: Are you in a different spot? CHAIRMAN STRAIN: Yeah, I am. MR. MULHERE: We did change it. CHAIRMAN STRAIN: Oh, you did change it. You added -- there's two words -- okay. It got added. Then we're good. Then the only other question I had, Bob, is you located the parking structure -- would you mind including a reference to the preserves, P2 and P3 will not be located off site. MR. MULHERE: I think -- CHAIRMAN STRAIN: That's the two to the rear. MR. MULHERE: Yeah, I think that's no problem. Let me just look at the master plan real quick. I'm sure that's no problem, but before I put something on the record, let me at least take a peek. P2 and P3. Page 11 of 37 October 15, 2015 CHAIRMAN STRAIN: It's in the plat, I think, where I found the reference to them, I believe. MR. MULHERE: So I think -- so this is P4. CHAIRMAN STRAIN: Right. MR. MULHERE: I imagine P2 and P3 are here. CHAIRMAN STRAIN: That's what I believe by the plat. And, you know, that is the buffer between the Avow project to the south. And I know you told me you didn't intend to remove that one. I want to make sure it's documented properly. MR. MULHERE: We don't. We've actually limited the mitigation to platted tract P4. CHAIRMAN STRAIN: Right. I just -- MR. MULHERE: So, yeah. That's no problem. CHAIRMAN STRAIN: Okay. Well, actually -- yeah, P4 is where you're also going to potentially put the parking structure. MR. MULHERE: Correct, and that's limited. So we've already limited that in there, so what you're asking for is sort of like extra language, extra protection. No problem. CHAIRMAN STRAIN: And would you put that master plan back on there for just a second. The interconnection between your property and the property next door, part of which is on Germain Auto and part of which is on your Tract B. MR. MULHERE: Yes, half. CHAIRMAN STRAIN: What was the timing in which that's going to be built? Since it's not owned by the -- I mean, whose responsibility is it to build it? I'm assuming the developer's? MR. MULHERE: Yeah. It will have to be built -- if it isn't built -- it may not be built when the Germain project -- I didn't look at their SDP to see if that was included. I don't know that it is. We will build -- we will have to build it. CHAIRMAN STRAIN: Okay. You have a right, then, to build it on their property because the easement exists, and it's part of the PUD. MR. MULHERE: Yeah. CHAIRMAN STRAIN: I would like to suggest that by the time you get a CO on whatever you're going to build on Tract B, that that connection is built. MR. MULHERE: Yeah. CHAIRMAN STRAIN: And I know it's contingent on the property next door, but rather get it in sooner rather than later so when the property next door develops, it's already there to tie into it. MR. MULHERE: Oh, it can be stubbed out; yeah, no problem. CHAIRMAN STRAIN: Right. Okay. So we would need to add a reference that that connection will be built prior to CO on Tract B. MR. MULHERE: That would be a transportation condition, I think. We'll put it under transportation. CHAIRMAN STRAIN: Okay. And then I believe that's the questions I have at this time of the applicant. Does anybody else have anything of the applicant right now? COMMISSIONER EBERT: No. CHAIRMAN STRAIN: Okay. Thank you, Bob. MR. MULHERE: My pleasure. CHAIRMAN STRAIN: And, Fred, let's move into a staff report. MR. REISCHL: Good morning, Commissioners. Fred Reischl, Zoning Division. As Bob stated, this is basically the addition of a new accessory use parking garage limited to two stories and an addition of square footage of 40,000 square feet, which is an intensification for an eight- plus /minus -acre site; however, during staffs analysis, this is within an interstate activity center. If we're going to have an intensification of use, this is where the Comp Plan says we should do it. And I also wanted to clarify on the preserve question that it's not a deviation, because the LDC does allow it, so they're not deviating from a provision of the Land Development Code. CHAIRMAN STRAIN: Thank you, Fred. Page 12 of 37 October 15, 2015 Any questions of staff at this point? (No response.) CHAIRMAN STRAIN: I have a few. Fred, first of all, just for clarification, the title on the ordinance said a parking structure up to 50 feet in height. We now know that's 30 feet; is that correct? MR. REISCHL: Yes. CHAIRMAN STRAIN: Let me get to -- in your findings -- I think you and I had talked about it -- there's -- a couple of the findings were written in the manner in which I wasn't used to seeing, and I definitely question how they were written. And the first one is -- Fred, you might have to help me. It's the one on -- that says it's a good thing to have noncontiguous preserves. MR. REISCHL: That's the next item, I believe. CHAIRMAN STRAIN: The next item? MR. REISCHL: The next petition. CHAIRMAN STRAIN: Oh, that's right. COMMISSIONER EBERT: The next petition. CHAIRMAN STRAIN: You're right, it is. Boy, these two are close. On Page 10 of your staff report, No. 8, the PUD will be required to meet South Florida Water Management District standards and, therefore, will not create a drainage issue. I agree with that statement, but I did notice in this PUD -- and it's kind of odd -- they actually quote a section of South Florida Water Management District as how they're going to design their project. Does that mean that any current standards they don't have to meet or they will -- or they're just tied to whatever that reference is in the PUD? MR. REISCHL: We -- as far as I know, we have no jurisdiction over the Water Management District standards, so their standards as written today would apply. CHAIRMAN STRAIN: Okay. That's good news. That's all I have of you. I certainly have some questions of transportation, though. Well, don't rush up, either one of you. Amy looks at Mike, and Mike looks at her; okay, who's going to go up there? MR. SAWYER: For the record, Mike Sawyer, Transportation Planning. I'm available for questions. CHAIRMAN STRAIN: Yes. And I brought a question up to you well ahead of time so you could be prepared to explain it to the Planning Commission. I had expected -- and I'm sure that all these Planning Commission members knew the AUIR review showed that this particular section of Pine Ridge Road had a Level of Service F, and it had a negative 170 trip count. And you and I had gone back and looked at the history of the traffic counts in this area and found them to be irregular, to say the least. It went from C, D, E, F, to 1,000 excess units, down to a negative 170; up and down. There really wasn't an explanation for it based on the way we talked. So even though it's got a concurrency issue, they will have to go and submit their SDP and address the concurrency at the SDP level. And because this is a TCMA, they will have to provide mitigation to address the concurrency issue in order to get this SDP approved. Is that the way it works? MR. SAWYER: Correct, yeah; most definitely. And just real briefly, when we're looking at time of zoning on any zoning petition, we're looking at consistency. We check to see what the current adopted AUIR is, and that's what we did here. At the time of review, we were looking at the 2014 because that's the adopted AUIR. It still is, because the 2015 hasn't been adopted yet. Unfortunately, the timing on this particular petition works out where it is scheduled to go to the Board currently on the same date that the Board is being requested to adopt the 2015. Now, normal practice is that we normally, you know, start looking at using the new -- it's going to be the 2015 AUIR basically around the first of the year. Basically that gives us some catch -up time with all of the applicants coming in. Certainly, this particular road segment has had a rather significant change year to year. We have since gone back again -- and just to let you know, transportation staff looks at the AUIR, and any time there's Page 13 of 37 October 15, 2015 a 5 percent variance year to year, we always go back and try and find why that occurs. Is it the traffic counts? Has something changed around that particular area? Is there something in error? We're confident in this particular section that the 2015 is correct. We've confirmed that by looking at adjacent segments within the area. We've also gone -- and staff also looked at what FDOT has as far as their counts, and those are all trending the same way. We even went back and looked at what the first two quarters of this year is showing for next year's AUIR, and they are continuing to trend the same way 2015 is. So we're confident that the 2015 numbers are correct. Based on what was presented with the 2014, with this petition, we determined that it was, in fact, consistent. We would still do that even if we did look at it from 2015 because of the TCMA area that this is located in. That allows us to have mitigation. The difference in this PUD, if we were to look at it with the 2015, would simply be to add in some developer commitments regarding those mitigations. We would look at them a little bit closer. But that's, again, just for consistency for the zoning petition itself. We don't know when that project is coming in and, for consistency, we always look at the highest, greatest use. In other words, how -- what's the greatest number of trips that could possibly come onto the system, and can the system accommodate those? When we're looking at the time of SDP or plat, that's when we actually look at concurrency. That's when, as those projects are approved -- as those actual trips are calculated, that's when we start putting the trips actually on the system, and that's -- if you will, that's the second bite of the apple that transportation has. And so when this project does come in for the SDP, be it next year or the year after or the year after that, they will be reviewed to the AUIR that's adopted at that point, and that's when the TCMA mitigation is going to come in. That's when staffs going to get that second bite. And we will be looking at what those mitigation factors are. We are currently looking at a couple of things in this particular segment. We're currently -- we currently have a study as far as Whippoorwill and Pine Ridge intersection. We've got that study that's going forward. We're also -- because this is an evacuation route and it is an F -rated road system, we're now going to be looking at a study to see what can be done to make improvements on that road segment. Again, we're still looking at this petition as being consistent. CHAIRMAN STRAIN: Thank you, Mike. Are there any projects that have immediate access to this road segment that have not been built? Are we looking at other, kind of, density hanging out there? Because this project had the ability to provide 599 trips based on the intensity of development that could have occurred. They've reduced their intensity from the higher traffic count uses down to moderate ones like offices and then, in turn, they agreed to reduce the allowable trips from 599 down to, what is it, I think -- COMMISSIONER EBERT: Three forty. CHAIRMAN STRAIN: -- 390 or 340, whatever we talked about today. Those are all positive things. But I'm trying to figure out if there's a better fix for that segment of Pine Ridge Road. I know they can make some changes to the TCMA. Those tend to be able to help anywhere in the TCMA. So if you lower trips on another road over here, it still doesn't change much on this Pine Ridge Road leg. Are there any plans to figure out a way to improve that segment? Are there any new on- ramps, off -ramps of 1 -75 planned? Is there any new lanes or anything like that being looked at? MR. SAWYER: Again, we've got those studies that I mentioned, and the new study that we're going to be, you know, entering into. Honestly, at this point we don't have enough information or enough options to really determine what is going to help that particular segment. There's been a number of things in the past that might, you know, come to fruition. Certainly the interconnection to the west, when that PUD develops, will give us some relief to all of the uses within that area, basically going all the way from Whippoorwill all the way over to Livingston. That interconnection system that was -- always been envisioned when that comes online with that next PUD, that will give us some relief and will at least give us something that would be running parallel to Pine Ridge. As far as other things, at this point we need to get those studies moving forward. CHAIRMAN STRAIN: Charlette? Page 14 of 37 October 15, 2015 COMMISSIONER ROMAN: Yeah. I think that that should be an area of concern because there's some large parcels there that are still undeveloped that would be limited by this segment of the road, it appears. You know, we need to start looking at that. CHAIRMAN STRAIN: Yeah. I'm -- you just said the internal connections over to Livingston. Wasn't there another connection to Livingston in that area? MR. SAWYER: Yes, there was. There is a connection from Whippoorwill over directly to Livingston further to the south from this project, and that was proposed to be done, and the Board decided that at that time it was not going to move forward, at that time. CHAIRMAN STRAIN: Okay. If that had been done, would we still be looking at possibly this negative 170, or would there have been enough relief there to offset that, do you think? MR. SAWYER: Commissioner, there's no way for me to really give you a good number or a good confirmation of that. Certainly there would be some relief that would be experienced with Pine Ridge. It would certainly give you another alternative, for instance, if you had accidents and that sort of thing, that would put a limitation on Pine Ridge. It would give you some relief for that. It certainly would give -- the various developments that are located along Whippoorwill, it would certainly give them options as far as getting to Livingston as opposed to always having to go out onto Pine Ridge. CHAIRMAN STRAIN: Okay. So the two probably more likely reliefs to this project, one of either of the two would help, whether it would be Whippoorwill over to Livingston or Whippoorwill through their project to Livingston. And they have -- so either one of those two will provide some relief to this particular project, but neither one of those are proceeding through no fault of the applicant's. MR. SAWYER: Correct. CHAIRMAN STRAIN: Okay. That's what I needed to understand. Thank you. COMMISSIONER EBERT: I have one question for you. In doing this AUIR, did it jump? Because it was significant, because they -- because the design came in, and they are now building on the north side with that whole new shopping center in there. Is that where a lot of this came on between Livingston and 1 -75 on the north side? MR. SAWYER: That's a very good question. Those trips certainly have been coming online. And as those SDPs get approved, plats get approved, those trips do come online, and they're put on the system. There's certainly that being the case. Certainly the economy has improved. And when you've got -- when you've got people in an area that gets busy, it tends to be on those corridors, and especially on our east/west corridors. You're going to experience larger fluctuations, and we've seen that in this particular area, specifically on Pine Ridge. Going all the way back to 2004, the numbers have been up and down. It had failed in 2008. It was basically the same failure rate. It was about, I think, 150 as opposed to, I think we're at 170 -some right now. And at that point that was why it was put on the TCMA program. There's probably a number of things that are leading to this. You will find that the AUIR numbers vary because of the calculations that we use coming from FDOT. FDOT gives us the formulation by which we determine what rating or level of service we've got on our road systems, and that's based on what, overall, the transportation trends are within all of Florida. It depends on the number of lanes that you've got, the conflict points that you've got, and the number of intersections. That all goes into a formula that FDOT provides us, and that's what goes into our AUIR. It shows us what our particular road segments can -- you know, what their capacity is. And when that changes, you will see that our AUIR numbers significantly change for that same reason. And those are done, basically, I believe, every about five to 10 years. Those numbers change. So our capacity changes because of that. COMMISSIONER EBERT: Okay. Thank you. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Well, thanks, John Pod, I mean, Mike Sawyer. For those that don't know, Mike took John's place, and you've done a good job today explaining things. Appreciate it very much. MR. SAWYER: I appreciate that. Thank you. Page 15 of 37 October 15, 2015 CHAIRMAN STRAIN: Okay. Are there any other questions of staff from anybody? (No response.) CHAIRMAN STRAIN: If not, are there any public speaker, register public speakers, Fred? MR. REISCHL: No registered speakers on this item. CHAIRMAN STRAIN: Okay. Is there anybody in the audience that would like to speak on this item? (No response.) CHAIRMAN STRAIN: Okay. Hearing none, I will ask if the applicant has any final comments or rebuttal. MR. MULHERE: (Shakes head.) CHAIRMAN STRAIN: No by shake of a head. COMMISSIONER EBERT: They are going to accept the TCMA conditions? CHAIRMAN STRAIN: Yes, they have to. They have no choice. COMMISSIONER EBERT: I know. I just -- CHAIRMAN STRAIN: Diane asked if they were going to accept the TCMA conditions. There's no choice in that. When you come through for SDP, you will trigger those conditions that are triggered and have to abide by them before you can get a permit so that the road is adequately addressed that way. Bob? MR. MULHERE: Yes, sir, we do understand that. CHAIRMAN STRAIN: Okay. Well, then we will close the public meeting -- or the hearing, and we will move into discussion and then stipulations and motion. I had made several notes. We've got a handout that has a series of highlighted corrections, and we also have a cover page where -- which changed the owner and applicant names. All those should be part of a motion if we're so inclined. The applicant has agreed to locate the parking structure in the two different areas. Those will be certainly -- they're articulated in the document and to whatever extent they need to be refined, that will happen. They will add a restriction that the rear preserves -- I believe they're P3 and P2, but I'm sure the applicant will check that out -- will not be portions of the preserves that will be susceptible to off -site mitigation; and that the connection to the -- interconnection between Kraft Road, I think it is, and the Brynwood PUD to the west, that interconnection between platted Tract B and the front tract will be completed before a CO is issued on any building that goes in the platted Tract B. With that, I don't have any other notes. I think that summarizes it. I'd like the motion maker to consider those notes if they so are inclined and maybe at the same time consider that we don't need to have a consent hearing on this item. Is there a motion? COMMISSIONER SOLIS: I'll make that motion, that it be approved subject to the notes that you've read into the record. CHAIRMAN STRAIN: All right. Is there a second? COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Motion made by Andy, seconded by Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 16 of 37 October 15, 2015 CHAIRMAN STRAIN: Motion carries 5 -0. MR. MULHERE: Thank you. CHAIRMAN STRAIN: Thank you, all. Appreciate it. Well, with everybody sitting in the audience not speaking on this one, I can only assume you're here for the next one, so -- ** *The next item up and our last item on today's agenda is PUDA- PL20150000303. It's the Berkshire Lakes planned unit development, and they're adding a 2.17 -acre recreation area in a preserve location. It's located north of Davis Boulevard in the Countryside portion of the Berkshire Lakes project. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. If you're planning to speak on this item, please stand up now so the court reporter can swear you in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Disclosures on the part of the Planning Commission? We'll start with Tom -- MR. EASTMAN: None. CHAIRMAN STRAIN: Andy? COMMISSIONER SOLIS: None. CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: I spoke with Nicole Johnson, and I spoke with staff. CHAIRMAN STRAIN: Okay. And I, too, spoke with Nicole Johnson. I've had numerous meetings with staff. I've talked to the applicant on the phone, and I did a lot of file research. This is an old, long project. Very complicated. Karen? COMMISSIONER CARON: Nothing. CHAIRMAN STRAIN: Charlette? COMMISSIONER ROMAN: In addition to staff, I spoke with Nicole Johnson from the Conservancy. CHAIRMAN STRAIN: Okay. Fred, it's all yours. MR. HOOD: Thank you, Mr. Chairman, Commissioners, good morning. For the record, Fred Hood with Davidson Engineering. I'm here this morning representing the applicant, Countryside Golf and Country Club, for PUD amendment application of the Berkshire Lakes PUD. The Berkshire Lakes PUD consists of 1,093 acres in several separate residential and commercial developments. The subject of this amendment concentrates on the Countryside Golf and Country Club portion and its land uses. Countryside is here on the aerial outlined for you. Countryside makes up 333 acres of the Berkshire Lakes PUD. It is situated between Radio Road to the north, Davis Boulevard to the south; Santa Barbara Boulevard forms the eastern boundary of the development, and the Bretone Park PUD, more commonly known as Glen Eagle, is to the west. Our PUD amendment application seeks to identify native preservation areas within the Countryside community on the conceptual master plan. These areas will satisfy Countryside's original acreage set aside as conservation and water management areas. Also, the identification of an additional recreation area as permtted within the recreation and open -space area of the PUD ordinance, Section 7.02.A, is being requested. Among other permitted uses, Section 7 of the Berkshire Lakes PUD allows parks, playgrounds, game courts, and fields and nature preserves. Inside Countryside two separate conservation and water management areas were originally set aside. On the visualizer you'll see those two areas outlined in a red cloud. One is closer to the north side, and the other is abutting the Davis Boulevard right -of -way to the south in the southwest comer. The acreage of those areas amounted to 18.71 acres. These areas, through coordination with county staff, county review staff, have been identified as part of the open -space portion of the PUD. We are seeking to impact the most southern of the two conservation areas and to provide additional recreational areas in conjunction with the redevelopment of the existing clubhouse opposite on the north side Page 17 of 37 October 15, 2015 of Countryside Drive. If you look at this aerial, you'll see the impact area highlighted in yellow. On the northern side of that is where the original -- or the existing clubhouse facility is. CHAIRMAN STRAIN: Fred, while you're on that colored overhead, why are those two little wings on the top of the impact area going off in an east and west direction in the narrow strips? MR. HOOD: Those are for -- we have the areas of disturbance for sloping. So those areas along the road are a portion of those -- the impact area. It's also where the utilities will be connected to the site. CHAIRMAN STRAIN: Why wouldn't they just connect in the front of the site and not have to use those two legs? MR. HOOD: I can let Josh answer that question. CHAIRMAN STRAIN: Okay. I didn't mean to interrupt your presentation -- MR. HOOD: That's okay. CHAIRMAN STRAIN: -- but I happened to -- I didn't want to forget to ask that question. MR. HOOD: That's fine. CHAIRMAN STRAIN: I'll let you get back into that. MR. HOOD: We'll address that. Let's see here. As mentioned previously, the conservation water management area set aside on the original master plan are within the open space, recreation, and park section of the PUD. Because these areas were never placed in conservation easements and also because the proposed recreational -- recreation area uses are permitted by the PUD, Countryside is seeking to locate tennis and bocce courts and limited accessory uses such as a restroom, viewing pavilion, and a storage shed in that impact area. At the closest point of impact to the existing conservation area that we're looking at here on the visualizer, there is over 100 feet between the proposed courts and associated accessory uses and the nearest home along Country Walk Court. That's not including that little winged area, but to the actual courts and facilities that will be in that area. The native vegetation area being impacted has been proposed to be set aside and identified within existing native vegetation areas on the golf course. Nine areas have been selected in coordination with county environmental review staff to collectively achieve the original 18.71 acres that were set aside within Countryside. Through further coordination with county environmental staff, we have proposed a deviation that requires developers to consolidate preserve areas into contiguous areas to meet our preservation requirement. Instead, we are asking that these allow -- these nine separate areas be allowed to meet that requirement. Usually we have to do them in a contiguous area. We have several areas that are within the golf course, and it's just not feasible in this situation. Native preservation areas must be sufficiently protected from improved areas and structures. To achieve this, the code requires a 25 -foot setback from preserve areas for structures and a 10 -foot setback for improvements such as parking lots, drive aisles, and roadways. Where there is existing or proposed development in near proximity to these proposed preservation areas, we have provided the required setbacks and buffers per the LDC. On the subject of existing external access points and water management areas within Countryside, no new connections or areas for water management are being sought at this time. As just a brief overview of the proposed changes to the Berkshire Lakes PUD amendment, the proposed changes to Berkshire Lakes are limited to Countryside Golf and Country Club. The uses that have been proposed for the newly created recreation area opposite the existing clubhouse are currently permitted within the PUD, and we are not seeking any new uses. The purpose of this amendment is to identify -- the other purpose of this amendment is to identify preservation areas as required by the LDC to identify -- and to identify an additional recreation area. To provide the preservation areas as shown on the proposed master plan, a deviation to the LDC was also requested. That's for the non - contiguous nature of these preserve areas. Each preserve area will be sufficiently buffered from existing and proposed development as required by the PUD and the LDC, and all proposed development shall be consistent with the development standards of the PUD and the LDC as required. Page 18 of 37 October 15, 2015 And that will conclude my presentation. I will answer any questions that you have. CHAIRMAN STRAIN: Okay. Questions from the Planning Commission? Charlette? COMMISSIONER ROMAN: I have one question now, Fred. On your map here that you're showing, you have a preserve located right adjacent to Radio Road. MR. HOOD: Yes, ma'am. COMMISSIONER ROMAN: That one that's, I guess, furthest north. That's the one I'm speaking about. What's -- what's the purpose of that? MR. HOOD: The purpose of the preserve itself? COMMISSIONER ROMAN: In that location. MR. HOOD: It's an existing native vegetation area that we went out and looked at just to make sure it would meet the requirements of the LDC for preservation requirements. That's just one of the nine that we chose. It's also one of the larger ones. COMMISSIONER ROMAN: Because I was looking at -- with you -- you have fox squirrel habitat on the golf course itself, and that seems to be a preserve that's right adjacent to a very busy road -- maybe considering moving that to the golf course area, but we can talk about that later. MR. HOOD: Okay. COMMISSIONER ROMAN: Thank you. CHAIRMAN STRAIN: Okay. Does anybody else have any questions? (No response.) CHAIRMAN STRAIN: Well, Fred, let's move through the various pieces. You're intending to put these islands or these new preserve areas in conservation easements, correct? MR. HOOD: That's correct. CHAIRMAN STRAIN: Did you articulate that anywhere in the PUD? MR. HOOD: No. But it is a requirement of the LDC that we have to put these within conservation easements. We didn't want to put them in conservation easements right now without having our zoning in place. But that's the intent, yes. CHAIRMAN STRAIN: Okay. I would want -- that would end up having to be a stipulation then. MR. HOOD: That's fine. CHAIRMAN STRAIN: Okay. I'm going to try to get past my questions of staff. On your master plan, this was attempted to come through as a limited scope of change to the PUD, and I don't blame you. That's a massive PUD. But I think there are some things that are going to have to be addressed. I mentioned some of them to you on the phone, and we'll walk through those. On your master plan, Note 3, it says, areas identified as rec -- recreation shall be subject to development standards of the golf course area in accordance with Section 6.03 of the PUD document. As you started out, you really mean Section 7 -- Section 7, not 6; is that correct? MR. HOOD: That's correct. CHAIRMAN STRAIN: Okay. So we need to make that change. MR. HOOD: Actually, Mr. Chairman, now that I'm looking at this, we actually did mean Section 6. Section 6 is the golf course area. There is a note on the master plan -- it's the last note on the right side -- that I believe the county attorney representative and Fred Reischl, with the review staff, when we started looking at what development standards we should place on this new rec area, we landed on looking at the golf course area instead of Section 7 for those development areas. So that's why we were looking at Section 6, 6.03, instead of Section 7. CHAIRMAN STRAIN: Oh, I under- -- I realize what you were trying to do. MR. HOOD: Yes. CHAIRMAN STRAIN: You want to put it under Section 6. MR. HOOD: Yes. CHAIRMAN STRAIN: Golf course, GC. MR. HOOD: Correct. CHAIRMAN STRAIN: But it's really -- you have a section in your PUD called Section 7, recreation and open space /park O. And under the recreational open space, you have parks, playgrounds, and game Page 19 of 37 October 15, 2015 courts and fields. This certainly fits that real well. And I'm just wondering why you're picking the golf course. And I noticed that -- I don't know if the golf course is owned by the same entity that's going to operate the rec center. MR. HOOD: It is. CHAIRMAN STRAIN: It is. MR. HOOD: Yes, sir. CHAIRMAN STRAIN: But why would you pick the golf course GC area over the rec open -space area? MR. HOOD: That was the recommendation. It wasn't my choice. Originally it was the 7.03 section, and then we -- CHAIRMAN STRAIN: Okay. MR. HOOD: We looked at the 6.03 section, and that fit better for all involved that were in the room. So I can change it back. I don't have a problem with changing it. CHAIRMAN STRAIN: Okay. I just need someone, then, to explain, whoever directed you to do that, why. MS. ASHTON- CICKO: Well, when he made his submittal, he didn't have any development standards. CHAIRMAN STRAIN: I think your mike needs -- MS. ASHTON- CICKO: There weren't any development standards applicable to the site. Still not on? There were not any development standards applicable to site, and Section 6 had setback as well as the height restriction. That's why we recommended that if he was not going to go with the text change. CHAIRMAN STRAIN: Okay. But why didn't you think the next section, which was made for recreation courts and things like that, was the applicable section? MS. ASHTON- CICKO: Well, when we made the recommendation, my recollection is there weren't any development standards. I think I've been corrected that there's a setback, but I don't believe there was a height restriction in the section we were looking at. MR. HOOD: That's correct. There was no height for Section 7, but there was a height for Section 6. So Section 6 was more applicable when we were looking at the structures that would be in that area. CHAIRMAN STRAIN: Okay. What is in the rec area that's being produced in the preserve area? What is your setback from the rec facilities that are being added to that site to the preserve area? MR. HOOD: Well, it's not so much that we're adding it, but any -- CHAIRMAN STRAIN: Well, there's preserve there now, right? MR. HOOD: That's correct. CHAIRMAN STRAIN: Okay. So what you're building there, what is the -- what is the setback to what your use is on that property to the preserve that surround it? MR. HOOD: So the preserves, they go to the LDC, so it would be the 25 -foot for structures and 10 -foot for improvements. For buildings that are adjacent to residential areas, it's 50 feet from the residential property lines. That's within -- CHAIRMAN STRAIN: Well, I'm not -- first of all, I'm not necessarily agreeing with everything you're saying. I'm just trying to understand what you're saying. And I think you said that you'd be 25 feet or pursuant to the LDC. Fred and Ray, as an accessory use, what's an accessory use setback in the LDC for preserves? MR. REISCHL: Accessory would be 15? Ten. CHAIRMAN STRAIN: Right. He just said 25. But it's accessory if you go to golf court standards. It's 25 if you get to the principal use. And it's the principal use under the recreation standards. So I would suggest we want to stay with the recreation standards especially because it's a principal use on that property, not an accessory use, because that would have an impact to the preserve setback. So that is a -- MR. HOOD: I happen to agree with you. CHAIRMAN STRAIN: -- significant issue. MR. HOOD: Yes. Page 20 of 37 October 15, 2015 CHAIRMAN STRAIN: Okay. So based on that, I would suggest we go to the recreation open -space conditions, you become a principal use, your setback is already what it's supposed to be for that principal use, and you're going to be consistent with the LDC then at 25 feet. The only piece missing, and County Attorney was right, the difference between the two seems to be the lack of a height commitment. Why don't we just add that as a stipulation. MR. HOOD: That is a stipulation. CHAIRMAN STRAIN: And that takes care of that. So what is the height that you're looking at trying to work with on this site? MR. HOOD: We're not going above 35 feet, so I would say 35 feet zoned height. CHAIRMAN STRAIN: Well, that's the standard that's in the golf course, right? So you're -- so at 35 feet, you've got what facilities? You're going to have a restaurant -- or restroom 35 feet high? MR. HOOD: There'll be -- no. There'll be a viewing pavilion. So if we have, like, a little gazebo or pavilion that's kind of, I believe, open air, that might reach the 35 feet or 30 feet, maybe 28 feet. We haven't looked at doing the design for it yet, but we just wanted to look at the less impactful height restriction in the area. So 35 feet would get us there, I believe. CHAIRMAN STRAIN: Okay. So if we add a stipulation for 35 feet height for this use, then that's covered. MR. HOOD: Yes, sir. CHAIRMAN STRAIN: We would add the stipulation that the preserve setbacks would be consistent with the LDC, because you don't have any preserve setbacks in the PUD. MR. HOOD: Correct. CHAIRMAN STRAIN: So that can't work. During the neighborhood information meeting, there was a statement made that the minimum distance to any home will be no less 100 feet. You had said 50 here a minute ago. But from home to this activity, no will be no less than 100 feet. MR. HOOD: That's what we have planned in our plans for the SDP for this area. The golf course section that we were just discussing, that's where that 50 -foot setback is. But, yes, we'll be no closer than 100 feet where we have it planned, so we can make that a stip as well. CHAIRMAN STRAIN: Okay. Fire safe. There was a statement made that this -- there was a lot of concerns from the golfers, and I'm going to have environmental staff in a moment testify to the amount of clearing and cleaning or pruning or whatever can be done in these now dedicated preserve areas versus what they are today. But one of the conditions that was noted in the staff report as beneficial to the ability to go in there and still use this as the golfers, I believe, think it's going to be used, that you're going to have a fire wise or fire -safe community? That was in the staff report. Are you going to do that? MR. HOOD: Yes, sir. CHAIRMAN STRAIN: We'll be stipulating that then. MR. HOOD: That's fine. CHAIRMAN STRAIN: Okay. And how much time do you think it's going to be for that to happen? I worked with one community, and it's a rather involved process. MR. HOOD: I'm going to let Jeremy Sterk talk to you about that, if you will be so -- CHAIRMAN STRAIN: Sure, that's fine. MR. STERK: For the record, Jeremy Sterk, Earth Tech Environmental. When you say fire wise, Mr. Strain, are you just speaking -- we added language to our management plans to allow the option of management within those areas for utilization of mechanical fire, or hand removal with reference to, you know, making the habitat suitable for fox squirrels. CHAIRMAN STRAIN: Well, let me tell you what the staff report said, which was the basis for this board's -- part of the basis for this board's review. Under neighborhood information meeting, the NIM, a NIM was held on August 24th at the Countryside clubhouse. Several questions were asked. A recurrent theme regarding the playability of the golf course roughs after they become preserve areas. The response was that the roughs would remain playable since the applicant will submit a Fire Safe Page 21 of 37 October 15, 2015 Preserve Management Plan with the Site Development Plan amendment which will allow maintenance of ground cover as well as trimming. Now, the Vanderbilt Beach Country Club, I don't know if you're involved in there. They're one of the -- if not first, one of the earliest communities in Collier to institute the fire -safe preserve program. I worked with them on that through the different phases it took to accomplish that. It wasn't something that happened quickly. It took a lot of professional assistance, a lot of mapping, a lot of communications with the fire department. They did a great job. They got their fire -safe program. They have a situation similar to yours where there's preserves throughout the project. They wanted to be able to maintain them in a way. I need to understand when you would put that fire -safe program in since it seemed to be something contingent on the approval from parts of the community that were concerned about the roughs of the golf course. MR. STERK: Yeah. I don't think we're intending -- or I don't think Countryside has the intention to burn these preserves. I mean, if -- we wanted it in the management as an option so that in the future if it ever was desired, that you wouldn't have to do an amendment to add it. I mean, I see these preserves; these are not huge preserves, and they're very disjointed in the golf course. So I would envision these preserves being typically done hand or mechanical with, like, a roller chop device that would mimic fire but not have the -- you know, the concerns that residents have based on fire. CHAIRMAN STRAIN: Well, I'm not sure fire safe means you've always got to start a fire to accomplish the goal. MR. STERK: No, correct, correct. But fire safe, you know, you're going to do your management for the fox squirrels mechanically or hand, and you're going to achieve fire -safe conditions by doing that not using fire. But what I'm saying is that we went back and forth with staff and with the applicant about whether or not to even include the option of fire. Whether it's in there or not, I guess we don't really care. I've seen situations in the past. Like Autumn Woods, for instance. I was involved in the burn that was done on Autumn Woods. We had to do a pretty extensive -- like you said, amendments and mapping, and a lot of consulting was involved just to get the option for them to burn that preserve prior to it happening. So I think staffs position since then has been if we can have that in there as an option it's better than not having it in there and wishing we had it later. CHAIRMAN STRAIN: Okay. The problem that I have as a board member here is we highly follow the commitments made at the neighborhood information meetings, the NIMs. The way the staff report reads, that the response to the concerns from the golfers, in order to alleviate their issues with the untreated or unmaintained brush, was that the applicant will submit a Fire Safe Preserve Management Plan. And I guess I'll turn to Fred. Were you at that NIM, Fred? MR. REISCHL: Yes. CHAIRMAN STRAIN: Okay. How -- let's see. How defining was that statement? I mean, was it a commitment or just an option? MR. REISCHL: At the time of the NIM, I wasn't familiar with the term "fire safe." I learned that after I got back from the NIM. But the principles involved in fire safe were discussed by Josh and Fred at the NIM. The being able to -- I don't know if I'm using the right term -- prune certain vegetation in there so that someone could still swing a club and not hit and destroy the vegetation that way. So the principles were involved. And when I got back and talked to Steve Lenberger, I learned all about the fire -safe principles. CHAIRMAN STRAIN: Okay. MR. STERK: I guess that was my point that that is compatible with the management that we have proposed for fox squirrels, which is, you know, open midstory and -- CHAIRMAN STRAIN: You need to get a little closer to your speaker, too. I'm sorry. MR. STERK: -- the maintenance of ground cover. So midstory and ground cover pruning and maintenance is compatible with fire wise. Page 22 of 37 October 15, 2015 CHAIRMAN STRAIN: Okay. That's a different approach than I had thought the intention was by what I've read, and we'll probably need some testimony from environmental staff eventually to clean that up a little bit and then find out, as we get input from the public, if there is any concerns going from a "will do" to "an option." MR. STERK: Sure. CHAIRMAN STRAIN: So -- do you have any -- Charlette? COMMISSIONER ROMAN: Yeah. I was going to say, that's also a concern of mine, because one of the questions that I had is how would the preserve areas be managed differently than just regular maintenance of the golf course. MR. STERK: Correct, yeah. We've let the applicant know that those particular preserves will have to be an overall change in how they're managed. I mean, right now golf course staff is going in there and spraying any little weed that pops up. So there is going to be a change in operations to allow for native ground cover to accrue (sic). MR. REISCHL: And to further on that question, there will be a Preserve Management Plan submitted, but because there's an SDP associated with this or an SDP amendment, that that will be associated with the Site Development Plan amendment. CHAIRMAN STRAIN: Okay. Thank you, Jeremy. We may need you to come back after we hear from environmental. Fred, some of the other issues I wanted to ask you about. Hours of operation. MR. HOOD: Before we get into that, if you'll permit me, I've got Mike Bradfield here. He's a representative of Countryside, and we just wanted to continue on the issue with the fire wise, if you wouldn't mind. CHAIRMAN STRAIN: Sure. Absolutely. Good morning. MR. BRADFIELD: Good morning, Chairman. Yes, on behalf -- first of all, for the record, my name is Michael Bradfield. I'm the general manager and chief operating officer at Countryside Golf and Country Club and Countryside Master Association. And just for the record, I wanted to just make a brief statement that it wasn't desirable by the association for any sort of fire protection plan at the time of consideration of this PUD amendment. CHAIRMAN STRAIN: Yeah. It's not fire -- fire wise program is not a fire protection plan as much as it is a way of maintaining the understory and the dead debris and things like that within preserves. And they do it by burning, by chopping, by various methods of cleanup. And I think the intent wasn't necessarily considered as fire protection but as a means to explain to the golfers that there's going to be some allowed process where they'll be able to clean these preserves up enough so they can be as playable as they are today. I think that was the intent. I just don't know if that's going to be the outcome, and that's what I'm trying to find out. That's why a fire wise program is a little different than fire protection. MR. STERK: Mr. Chairman, whenever we first saw the Preserve Management Plan and some comments made about a potential fire, that raised our eyebrows and was a concern of ours and so not language that we felt was desirable in our Preserve Management Plan. CHAIRMAN STRAIN: Okay. MR. STERK: Thank you, Chairman. CHAIRMAN STRAIN: I appreciate it. Thank you. MR. HOOD: Okay. CHAIRMAN STRAIN: Okay. Hours of operation of on your new rec area. MR. HOOD: Yes. CHAIRMAN STRAIN: For the sake of those neighbors that are over to the west a bit and anywhere else that they may hear whatever's going to go on there, have you looked at hours of operation? MR. HOOD: Yeah. We decided that an ending hour of operation could be 10 p.m. I think at the earliest we could do 6 a.m. Six a.m. would be earliest. CHAIRMAN STRAIN: Okay. Amplified sound. Do you intend to use any amplified sound? Page 23 of 37 October 15, 2015 MR. HOOD: We don't at this time, but we can make a stipulation that we will have amplified sound being directed inward and not outward. CHAIRMAN STRAIN: That doesn't work too well. If that worked well, we'd have a lot of easy things to fix if that happened. MR. HOOD: We'll just stip that we won't have any. CHAIRMAN STRAIN: Okay. And your lighting, maximum height of your lighting. Would you consider Dark Skies? MR. HOOD: Yes, sir, we would. CHAIRMAN STRAIN: And what maximum height? MR. HOOD: Let's do 25 feet. CHAIRMAN STRAIN: How many? MR. HOOD: Twenty -five feet. CHAIRMAN STRAIN: Twenty -five feet. MR. HOOD: Twenty -five feet. It's a tennis course -- a tennis court. CHAIRMAN STRAIN: They're going to be -- well, if it's Dark Skies, it will be shielded, so... MR. HOOD: Yes. CHAIRMAN STRAIN: The maximum height of all structures, you already said 35. Setback from preserves in right -of -way. We know that's going to be -- principal structure's going to be consistent with the LDC, so that's been resolved. And let me see where else I've got to go. I'm trying to see if I've caught all my questions so far, and so far we're looking pretty good. Oh, there was a question about the vote by the people in the community. Was there a formal vote for what's being requested today from the property owners; do you know? MR. HOOD: Yes, there was. There was a vote for the utility of the rec area that we're looking at. They put that to a vote of who -- of who in the community wanted it versus who didn't, and it was overwhelming that most of the community members wanted the new rec area. CHAIRMAN STRAIN: Okay. You said it was 68 percent in the NIM; is that correct? MR. HOOD: We'll have -- CHAIRMAN STRAIN: Go ahead. I just want to make sure that you're representing a group that gave you authorization to be here today, and you do have -- I've read all of your condominium -- your HOA docs and your voting requirements. I want to make sure you've met them, that's all. MR. BRADFIELD: Yes, sir. On September the 11th, we did have an amendment to our HOA docs. This amendment was specific to allowing for recreation purpose or use of the preserve area, and that vote passed with a count of 852 to 224 opposed, or a 79 percent in favor. CHAIRMAN STRAIN: Okay. MR. BRADFIELD: A second vote was held on March the 2nd, and this vote was specific to the project itself. Of course, when you tie in an assessment, the approval rating goes down slightly, and that was at 69 percent. CHAIRMAN STRAIN: That's consistent with what you needed. Thank you. MR. BRADFIELD: Thank you, sir. CHAIRMAN STRAIN: Okay. That's all the questions I have of the applicant at this time. Does anybody else have any? COMMISSIONER EBERT: We're just hearing this because of the -- CHAIRMAN STRAIN: You need your mike. COMMISSIONER EBERT: We're just hearing this because of the EAC, just the preserve, that's -- CHAIRMAN STRAIN: No. We're hearing it as both the EAC and the Planning Commission. COMMISSIONER EBERT: Correct, but the -- the PUD amendment is being heard by us mainly for the EAC, the preserve area. CHAIRMAN STRAIN: No. We're hearing it both as the EAC and the Planning Commission. The Planning -- the EAC wouldn't get involved in all the same issues we're getting involved in of not -- regarding standards and things like that. So we're hearing it equally as both. There's no preferential for one or the Page 24 of 37 October 15, 2015 other. Okay. Fred, thank you. MR. HOOD: Thank you. CHAIRMAN STRAIN: And other the Fred, do you have a staff report? MR. REISCHL: Thank you, Mr. Chairman. Fred Reischl, Zoning Division. First I wanted to thank Stephen Lenberger for doing the lion's share of the work on this project, since it is mostly environmental. And I did want to -- as Commissioner Ebert said, there's going to be two votes on this item, one as the EAC and one as the Planning Commission. CHAIRMAN STRAIN: Correct. That's it? MR. REISCHL: Thank you, yes. CHAIRMAN STRAIN: Getting shorter every time, Fred. Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: Well, I'm going to keep asking mine then. Number one, under PUD findings, your staff has reviewed -- this is the staff response, and it's a finding that the Planning Commission would have to agree with, and I don't agree with it. Staff has reviewed the proposed PUD amendment and believes that the expansion of the recreational parcel and the creation of noncontiguous preserves is a good use of a PUD. Well, you know that our LDC requires contiguous preserves, in fact, to the point that this application's asking for a deviation from that to do what they're trying to do. So I would suggest that that language is improper for a finding. MR. REISCHL: I agree. Thank you for pointing out the poor choice of words in there. Basically, what Steve and I discussed during the review of this is that they are now creating preserve easements, so they will be legal preserves as opposed to more informal preserves from the '80s. CHAIRMAN STRAIN: And that is a good thing. I agree with you there. I just -- we might want to clean that up. MR. REISCHL: I apologize for the poor wording. CHAIRMAN STRAIN: Number 13, the subject property could be developed within the parameters of the existing land uses; however, the petitioner wishes to expand the recreational facilities by adding sport courts. That one I don't have as much of a concern with because now that the applicant's agreed to move to the RO section instead of the GC section, that works much better. THE COURT REPORTER: Can you slow down next time you read? CHAIRMAN STRAIN: Not for you. And the County Attorney's Office review, this says the County Attorney's Office reviewed this staff report on October 2, 2015. More often than not in the future I'm going to be asking for some clarification as to what the County Attorney's Office reviewed. And the reason is, when this got to us, they had not reviewed the PUD or written the ordinance. They did review the staff report. Is that the one -- go ahead, Heidi. MS. ASHTON- CICKO: It was the prior one that I had not approved the PUD document that was attached. CHAIRMAN STRAIN: Okay. So on this one, instead of just the staff report, have you reviewed all the documents you would normally review on this one? MS. ASHTON-CICKO: Yes, I have. CHAIRMAN STRAIN: Thank you. And that's -- oh, with the -- we're going to take a break for 15 minutes so the court reporter, whose fingers I've worn out already, can have a break, and then we will resume with the environmental staff discussing the preserve issues with us. Thank you. We'll take a break for 15 minutes and resume at 10:45. (A brief recess was had.) CHAIRMAN STRAIN: Okay, everybody. Welcome back from lunch -- from lunch -- from break. COMMISSIONER HOMIAK: From lunch? You ate lunch? Page 25 of 37 October 15, 2015 CHAIRMAN STRAIN: It's been a long morning already. We left off hearing from staff. And the next staff member that I was hoping would be able to talk to us about what the items are that can and cannot be done in these preserves, it would be Steve Lenberger. And I see Steve's been patiently waiting to have an opportunity to speak. Good morning, Steve. MR. LENBERGER: Good morning. For the record, Stephen Lenberger, Engineering and Natural Resources Department. I should probably just back up here a minute. We had a lot of discussion here about preserves. When you have preserves that are maintained by fire, they naturally are an open area. The understory is fairly clear of shrubs, ground cover is usually pretty, and the trees, mostly pines, because they're in a forest, are -- naturally have a very high canopy. And the reason that happens is when fire bums through the midstory of a pine forest, it sears the lower branches of the pine trees and eventually -- they eventually decline, then die. So you only have very upper branches of the pine trees surviving. In the absence of fire, you'll get your pine trees starting at -- your lower limbs starting to droop down. You'll also get thickening of the midstory. And because you get so much pine needle duff and midstory vegetation, you lose your ground covers; basically get a layer of pine needles. And that's what happens in an overgrown system. What you have at Berkshire -- and I did go out there after the request came in to kind of evaluate these preserves. They're mature systems. They have large pine trees, cypress trees. The golf course is quite beautiful. It's a very nice community, and I applaud them for that. But the understory of these areas is basically pine needle duff, and it is shrubs which are periodically trimmed back; mostly cabbage palms and saw palmetto. When we have a management plan for fire and we incorporate those in the Site Development Plan for the project, we include basically all the tools in the toolbox. We allow for fire. If that extreme were to occur and someone wants to maintain it with fire, we also allow trimming or roller chopping of midstory vegetation to simulate the effects of fire, okay. So I was asked several questions regarding the play of golf balls in there and how this preserve's got to be maintained. And I researched it. I went to our plan review staff and, basically, the midstory vegetation would be allowed to be trimmed. Also, removal of dead vegetation within that area. I also would suggest that if the canopy were to start creeping down, that they also be limbed up to simulate the natural effects of fire. So I kind of wrote a little narrative here what happened in a preserve, and basically what I wrote is midstory vegetation, shrubs, limbs of trees, et cetera, within the preserve in the golf course may be periodically thinned, cut back, to promote the growth of ground cover vegetation and use of the preserves by fox squirrels. This also would keep the golf course open and the preserves open. And if a golf ball should land in there, it would be fairly easy for a golfer to play it out. So I added another condition here. I said, golf balls landing in the preserves within the golf course may be played from the preserve. And I think if the management of the preserves kept the preserve fairly open, it could coexist with the golfers if they should hit a ball in the preserve and need to play it out. CHAIRMAN STRAIN: Excellent. So then the -- all the aspects that you just talked about will be reviewed, and when it finally gets approved, it will have those elements in it through the Preserve Management Plan review by your office; is that right? MR. LENBERGER: I have discussed the project with David Anthony, our plan review person, and I will make sure I relay that information and your desires to him. CHAIRMAN STRAIN: Well, I just want to make sure that the golfers who expressed their concern at the neighborhood information meeting, that the issue's addressed like it was told to be at that meeting so everybody's on the same page, and it sounds like it is. Overall, even though they're using a contiguous preserve area, the fact that they're putting the balance of the property in conservation easements, I believe, is a better situation than we've had before; is that what your department would look at this as? Page 26 of 37 October 15, 2015 MR. LENBERGER: Well, they are -- they're splitting the preserve. They have to request a deviation because the code requires that they be contiguous. The existing preserves are in a conservation easement, although I could not find a conservation easement. It may be to Water Management District. The preserves, the new preserves, proposed preserves within the golf course potentially are utilized by fox squirrels, and the selection of habitat for the county's preserve, number one, is listed species habitat. So there's pros and cons. A con is that they're taking the preserve and making it into smaller pieces, but the good thing is is that there's listed species, fox squirrels utilizing, potentially utilizing those areas. So there's pros and cons associated, and also the fact that all these preserves will now be placed in a conservation easement to the county. CHAIRMAN STRAIN: Okay, great. Thank you. Anybody else -- Charlette? COMMISSIONER ROMAN: Yes. I have a question. Did you have a chance to think about the question that I asked Fred earlier about that preserve location at the furthest point north on this visual where it's adjacent to Radio Road -- I think it's a little over an acre there -- as being the best location for preserve as opposed to on the golf course where there's more fox squirrel habitat? MR. LENBERGER: Yeah. I did think about it when you were saying that, and I know the golf -- the fox squirrels that were observed were further down in the golf course, and whether they utilize that northern one, I don't know. It's an open pine flatwood/cypress mix community, so it's similar to the ones on the golf course. Maybe a little bit more overgrown with native vegetation because it's not as maintained, but I really don't see a personal preference. I guess if you wanted to have more habitat saved in the vicinity where the fox squirrels were observed, that would be a recommendation you could make. COMMISSIONER ROMAN: I was just looking at the stars and, from the species from the environmental report, the observations for the fox squirrels. And I'm sure you had a chance to look at that as well. The other question I had from the NIM. I heard what you said about the golfers playing from those preserve areas, but during the NIM there was sort of mixed signals given to the golfers. And what I'm reading from is the notes from the NIM, and it said that enjoyment of these areas would not be hindered so long as the native vegetation growing there is not disturbed. If a golfer is playing a ball as it lies in a preserve area, it's obviously going to be disturbed. So that still is unclear for me on what were -- what parameters we're putting on these preserve areas because one -- on one side we're saying that they could play the balls, and then the other side, at least in these NIM notes, we're saying that the area can't be disturbed. So my question would be, which is it? MR. LENBERGER: I think you have to look at a harmony between use of the preserve and just leaving a preserve untouched. When you have a lot of foot traffic through preserves, it does impact it, and when you have that situation you usually have a trail system to control traffic. When you have more infrequent use, like a golf ball going in it, you have a lot less impact, and it's a lot less of a concern. Also, too, you have to look at preserves in a natural area where there's lots of diversity in the ground cover versus a more urban preserve where you're going to have a lot less ground cover and a lot more pine needle duff where you're going to have less to disturb at the ground level. So I'm not as concerned about it from an environmental perspective giving what's out there right now and what's going on. COMMISSIONER ROMAN: Yeah. The other -- MR. REISCHL: If I could add to that, too. COMMISSIONER ROMAN: Go ahead. MR. REISCHL: I can't remember which member of the applicant team said this, but when they were looking at the choices for the preserve adjacent to the golf course, they said they looked at areas that probably would not get frequent golf ball play. So that was stated. I mean, I know Steve walked the site -- I did not -- but I think that was one of the criteria they used to select these areas. COMMISSIONER ROMAN: Okay. The other thing is, you know, just for the record, allowing reconfiguration of preserves under a conservation easement would be -- would set a dangerous precedent in Page 27 of 37 October 15, 2015 my view. And I understand -- understood from the packet and earlier that these -- this preserve that we're looking at possibly reconfiguring was not on a conservation easement or under a conservation easement. I thought I just heard you say that it was under a conservation easement. MR. LENBERGER: I'm not sure it is. It is listed as a -- identified, I believe, as a conservation easement in the plat, and I have a copy of it in the back there. I could take a look at it for you. But whether it's actually platted with protected covenants or not, that I'm not sure of A lot of these old plats don't have the details we do have today regarding conservation easements and things of that nature. COMMISSIONER ROMAN: So that would be different for me, because that would then be a special situation, and we'd be looking at then the ability to, you know, break up this preserve and then put the conservation easement on it. So that's a point that I'd like you to take a look at and come back to us. MR. LENBERGER: I'll go right back and get it. COMMISSIONER ROMAN: Thank you; thank you. Appreciate it. CHAIRMAN STRAIN: You'll come back with that answer? MR. LENBERGER: (Nods head.) CHAIRMAN STRAIN: Okay. And while you're doing that, Fred can entertain us with a response to my wing -- Fred Hood -- with a response to those wing walls -- or wing areas coming out of the new location. MR. HOOD: I'll just put the graphic back up so we can take a look at it, but I have an answer for you. Let's see here. Okay. So those wings, those are the locations, as I was discussing earlier, where we're connecting to existing utilities. If we just came across the street, like in the center of the property, we would be disturbing Countryside Drive, so we'd have to rip that up and then, you know, repave over it and do our connections while we were doing that. Those areas on the east and west side are where -- the locations that we can hook into utilities that are currently existing, so -- CHAIRMAN STRAIN: Now, when -- you say "utilities that are currently existing." So you're saying that they go to the properties to the east and west of those yellow points and they stop there? They're capped? Because that -- usually we try to loop our systems and they would be contiguous and you can put a T into them anywhere along the property frontage. So how are you -- I'm trying to figure out why these are critical. MR. FRUTH: For the record, Josh Fruth, Davidson Engineering. Yes, you are correct on that statement. But what Fred did not identify is that those wings are there because the existing utility runs -- we will be impacting them when we dig up the roadway. The area that we have to dig up on those wings, it's where the existing utilities lie. CHAIRMAN STRAIN: Right. MR. FRUTH: We will impact that area into the south as those impact areas are shown. CHAIRMAN STRAIN: Okay. MR. FRUTH: It's not where the tie -in occurs. It's because it's going to be impacted by the excavation. CHAIRMAN STRAIN: Okay. Well, why are you excavating out the utilities if you don't need any more than a tie -in? Because you can tie in anywhere along that frontage. MR. FRUTH: Correct. On the north side, the smaller wing, as you go towards the residential, correct, as the pen points out there, that is where the water is. CHAIRMAN STRAIN: Right. MR. FRUTH: The existing potable water. CHAIRMAN STRAIN: And it runs across the front of the impact area to the south, is that correct, or does it stub out? MR. FRUTH: No. It's actually on the other side of the roadway. That's the problem. CHAIRMAN STRAIN: So you're going to jack and bore? MR. FRUTH: Yes, that's correct. CHAIRMAN STRAIN: Why don't you just jack and bore in the middle of the impact area and not Page 28 of 37 October 15, 2015 on the wings? MR. FRUTH: Because it doesn't come over to the other side of the parking lot straight across. It's not perpendicular. It stops there. That's where the water meter is. And it goes into the golf shop right there. CHAIRMAN STRAIN: Okay. And then -- so you don't have a loop water or sewer system on this project around those road sides? MR. FRUTH: Not on this side of the property, no. CHAIRMAN STRAIN: No. I know you don't have it on this side of the property, but if you have it on the other side and you're going to jack and bore underneath from a T on the other side, why wouldn't you just do that anywhere along the frontage and not need those wings? MR. FRUTH: Water -- CHAIRMAN STRAIN: I mean, that one wing going to the west, for example, that one's going to change the -- you're going to knock down trees and everything else there where that house is going to have a more open view to the roadway. And I'm just trying to understand why it's necessary. MR. FRUTH: The water is connected right here, and it goes this way. CHAIRMAN STRAIN: Okay. MR. FRUTH: It does not go this way. CHAIRMAN STRAIN: So it's not looped and connected? MR. FRUTH: Yeah. There's nowhere to connect it. I agree with you. If it was right here, I would just come straight across, but it goes this way towards the golf course. The sanitary sewer on Province Way stops right here and then goes down Province Way. Because this is the main entrance here, and it loops around this way. So right here is where the tie -in is. So when we excavate the road to tie in here, we're going to impact the shoulder of the roadway. CHAIRMAN STRAIN: Wow. For the community's betterment, that -- if those two sections were looped on the side of the street that they're on, they'd be better off, but -- MR. FRUTH: Yeah. It's the way it was installed in the'80s. It's -- CHAIRMAN STRAIN: Yeah. MR. FRUTH: -- existing conditions. We're doing it in an abundance of caution to -- I don't know if we'll necessarily impact this, but I believe that there is potential for impact when we excavate the shoulder of the roadway. CHAIRMAN STRAIN: Okay. Are you then going to be looping it through your side of the street completely? So you're going to come in on the east, you're going to come in on the west. You're going to connect them in the middle? MR. FRUTH: No, because we are just providing service runs to the impact area. So, for instance, we only need water for the restrooms and sewer for the restrooms, so it's just a service run, not a main. We don't have to -- we're not providing a main. We're just providing 6 -inch sanitary service for that collection, and then the water will be like a one -inch run over there. CHAIRMAN STRAIN: So that's going to be a dead -end main? MR. FRUTH: Not -- it's not a main. It's just a service run. CHAIRMAN STRAIN: Okay. There's going to be a dead -end service run then, right? MR. FRUTH: Yes, which is typical. CHAIRMAN STRAIN: And fine. So if you were to come from the east -- the east is water as well? You've got water from both east and west sides across the street? MR. FRUTH: We have water from this location only. CHAIRMAN STRAIN: What's the location you talked about by Province Way? MR. FRUTH: That's the sanitary sewer. CHAIRMAN STRAIN: Oh, what a mess. Holy cow. That's a shame. MR. FRUTH: Yes, I agree. CHAIRMAN STRAIN: That's a shame. Okay. I understand. Thank you. That makes sense; now it's clear. MR. FRUTH: Thank you. CHAIRMAN STRAIN: Interesting. Page 29 of 37 October 15, 2015 Steve, you want to come back and respond to Charlette? MR. LENBERGER: For the record, Stephen Lenberger. I did look -- I have the legal description, and I had wrote from the plat book, Plat Book 14, Page 50. Out Lot A, which is -- yeah, do you have a map? Out Lot A is the southernmost preserve where the rec center's going to go. It's listed on the plat as Out Lot A, conservation area water management system drainage easement, but I don't believe there was any platted protective covenants. And I just spoke with Jeremy, and there's no conservation easement with the district over it. There's certainly not one with the county now. Now, Out Lot B, the other existing preserve, on the west side of the property, it's identified on the plat, Plat Book 14, Page 78, as Out Lot B, water management system drainage easement. It doesn't say conservation area. CHAIRMAN STRAIN: Okay. So you don't have conservation easements, then, over any of it? MR. LENBERGER: Correct. COMMISSIONER ROMAN: That clarifies it. CHAIRMAN STRAIN: Does that help? COMMISSIONER ROMAN: Yes. CHAIRMAN STRAIN: Okay. Anybody else? COMMISSIONER EBERT: Now they will. CHAIRMAN STRAIN: Yeah. Now they will, that's correct. Anybody else have any questions of staff or the applicant before we go to public speakers? (No response.) CHAIRMAN STRAIN: Okay. We'll start with the registered public speakers. After those, if anybody else would like to speak, we'll ask you to come up. You want to call our registered speakers? And as the gentleman calls you, you can use either mike, and you'll need to state your name for the record, and spell it if it's a complicated name. MR. REISCHL: First speaker is Ben Pletsch, followed by Robert Land. CHAIRMAN STRAIN: Mr. Pletsch, are you here? Would you mind coming up. Either one, sir. MR. PLETSCH: Good morning. CHAIRMAN STRAIN: Good morning. MR. PLETSCH: Mr. Chairman and commission members, my name is Ben Pletsch, and I live at 609 Country Walk Court, and I have been a resident of Collier County since 1990 and in Countryside since 1990. My residence is the closest one to the new tennis courts and parking lot, and both my wife and I are very pleased with all of the improvements that are in the planning stages of Countryside, and we'll be very happy to see it all start. Now, I have had an active real estate license in Collier County since 1990 -- excuse me -- and I feel the improvements to Countryside are very important, will keep Countryside competitive with other developments and will also keep and improve the values of Countryside. Without the improvements to your home or to your community, it will not stay in -- you know, competitive with other areas. So my wife and I are very happy to be part of Countryside, looking forward to the completion of this project, along with two - thirds of the majority of the Countryside residents. Thank you. CHAIRMAN STRAIN: That's correct, sir. Next speaker, please. MR. REISCHL: Next speaker, Robert Land, followed by Ken Laycock. MR. LAND: Mr. Chairman, committee members, good morning. My name is Robert Land, a year -round resident of Countryside for 23 years and a citizen familiar with Naples since 1973. I do remember this when it was a little fishing village, almost. Many of the projects brought before you consist of new developments. Today we are looking to you for approval of something a little different, the renovation of a community in place for almost 30 years and, in many ways, a correction of errors and omissions in design made so long ago, updating these to those of this millennium. Page 30 of 37 October 15, 2015 Perhaps, therefore, a little history will help to understand the motivation behind this project. Countryside is a unique community of 1,133 members organized into seven separate areas that are blessed with a total of 34 individual homeowners' associations, each with its own direction and management under the umbrella of a master association. The structure organized by the developer ensures that all areas of the community are well represented. Before handing the community over to owners, the developer organized a body designating this the president's council, a group consisting of the presidents of each individual owners' association, chaired by one of their own, to meet and discuss matters of interest to the community. The developer used this as a sounding board for their own board of directors of the master association. The relationship with the master association is ongoing today. It has been my privilege to occupy the chair of this group at Countryside for the past 12 years. Thirty years ago Radio Road was a two -lane side street; Davis, though State Road 84, not that much better; Santa Barbara, between Radio and Davis, was barely completed; and Countryside Drive, our private road, was the main thoroughfare between Radio and Davis. Despite this, Countryside was a sellout with members from all parts of the country, people looking for facilities of their choice and era. A quarter of a century has passed and, as is the passage of life, so many -- have so many of our original members. Newcomers are purchasing properties, many outdated, and are spending measurable sums to upgrade interiors to the taste of this generation. Eighty -two condominiums and single - family homes have changed hands in Countryside this past year. The preferences of yesteryear are fading, and it's become clear from the mood of the membership that the facilities need upgrading, particularly in the areas of fitness, space for social activities, such as yoga, card- playing games and so on, bocce, pickle ball; additional parking was also an obligation. A committee was formed to explore what might be done and opinions sought throughout the community as to their preference. Regular informational meetings were held to ensure that members were well informed as to progress. Three years of investigation and study with engineers and authorities resulted in a plan that was put to vote in April of this year, as you know, to the entire membership, resulting in a 68 percent count in favor of the project. Dissonance are to be expected in any process. Those who are satisfied with the existing facilities may not want to invest in new ones, but the membership, by majority, clearly seeks to keep up with the times, including Radio Road, Davis, and Santa Barbara that are vastly improved from the pioneer days of a quarter century ago. Our membership has spoken, and we ask you for your support and approval for the project that will not only benefit Countryside, but also Naples. Thank you. CHAIRMAN STRAIN: Thank you, sir. Very well stated. Appreciate it. Next speaker? MR. REISCHL: Next speaker is Ken Laycock, followed by Ronald Kunow. MR. LAYCOCK: Mr. Chairman, members of the committee, my name is Ken Laycock, for the record, and I am a resident of Countryside Golf and Country Club. I have been a taxpayer in Collier County since 2007. In addition, I am the immediate past president of the Countryside Master Association after serving as president for three years. I have been personally involved in the master facilities plan for the past five years, from the development of the vision and mission statement of Countryside, through many focus groups, brainstorming sessions, and development of the detailed plan resulting in the request for this PUD amendment that is before you today. Early in the process, approximately two years ago, it was pointed out by our architect that our current parking facilities are inadequate to support any improvements to our amenities. In fact, according to our architect, any proposed future work at Countryside that requires a building expansion would face the requirement to increase our parking areas to bring them in compliance with current code. Countryside is essentially landlocked. Page 31 of 37 October 15, 2015 The amendment to the PUD to allow recreation and parking in the proposed area would solve this issue in the most practical way. The planned recreational facilities do comply with our current PUD. I can state with confidence that this plan represents the wishes and desires of Countryside membership as reflected in not one but two votes over the past 12 months, each of which passed by a large margin. In addition, subsequent to the membership vote, the Countryside Master Association unanimously voted in favor of proceeding with the project. Countryside membership have made their wishes clear. Master boards have listened to the members and have fashioned a plan that reflects these wishes. The plan is sound. Countryside has the funding to implement the plan. We understand also that this is a one -time opportunity for Countryside and for the county to prepare Countryside for the future. The implementation of this plan will be good for Countryside and good for the county. It represents an investment in the future, an investment that will not only result in Countryside staying abreast of the needs of today's and tomorrow's membership, but will preserve and enhance the value of the properties of the taxpayers that reside in Countryside. Thank you. CHAIRMAN STRAIN: Sir, one thing that might help in the future -- and some of the architects may not even know to the extent Collier County has gone to accommodate existing developments in the county. We have many new programs in place where we recognize that mature communities don't have the flexibility that the new codes require, and we put provisions in place that will allow some additional flexibility. So that as you guys further mature in your community and you see a need to expand or something, you might want to get with county staff and talk about the opportunities available to you, because they're a lot different than they were a mere five or more years ago, so -- MR. LAYCOCK: Thank you. CHAIRMAN STRAIN: Thank you, sir. MR. REISCHL: Next speaker is Ronald Kunow, followed by Wayne Shammer (sic). MR. KUNOW: Mr. Chairman and commission members, my name is Ron Kunow. I am currently a member of the Countryside Master Board of Directors. My wife and I have lived in Countryside for over 20 years and are currently in favor of the amendment for the planned unit development application, the Land Development Code requirements, and the Countryside master plan, which we have been working on for three full years. Countryside is proposing to identify 2.17 acres within a parcel of 18.7 acres within Countryside property that would be used to locate tennis courts, bocce courts, and limited access uses such as a restroom, viewing pavilion, and a storage shed. To do this, Countryside has identified nine areas in and around the golf course that have been selected with county environmental staff and LDC to collectively achieve the 2.17 acres that would be set aside within Countryside. Some of our owners have shown a concern that our golf course requirement will negatively impact the PUD -- pardon me. I'll start over. Some of our owners have shown a concern that our golf course playing area will be negatively impacted because of the PUD application and the LDC requirements. These areas identified and used to meet the reserve requirements, which has been discussed, of the PUD and LDC will not alter the play of the golf course. Countryside has hired Earth Tech Environmental, LLC, to support this conclusion and to satisfy the members' concerns. All areas of the golf course will remain as play as it lies. Thank you for your time. CHAIRMAN STRAIN: Thank you, sir. MR. REISCHL: Next speaker is Wayne Shanmer (sic). MR. SHERMAN: Sherman. MR. REISCHL: Sherman, followed by Mr. Michael Bradfield. MR. SHERMAN: My name is Wayne Sherman. CHAIRMAN STRAIN: Oh, wait till you get to the mike, sir. Thank you. MR. SHERMAN: Okay. My name is Wayne Sherman. Commissioner Strain and the -- Strain and the members of the Collier County Planning Commission, Page 32 of 37 October 15, 2015 thank you for this opportunity for us to talk to you today. I am the District 4 representative on the Collier County MPO Citizens' Advisory Council and a resident of Countryside, and I came before you to speak in favor of the proposed amendment to the Berkshire PUD for the perspective of how it could help reduce the cost of adding utilities and infrastructure in other parts of Collier County and help increase Collier County real estate tax base. In other words, things outside of our community. Most everybody so far has talked about what it will do for us. But inside, it will actually help all of Collier County. This amendment and a result in permission to add the clubhouse and complex parking at a relocation of an expansion of our tennis complex has already been explained; a critical part of our plan is needed for the modernization. It is quite critical. Countryside was originally built in the 1980s. And area along -- it was a jewel of the upscaling of the area along Collier Boulevard to improve the first impression of the entry into the Naples area and has excellent attractions for the coming here for homeownership, retirement, and recreation. Countryside is sound financially as an institution. The homeowners and club management continue to keep their properties in good repair and attractive. Unfortunately, the improvement in amenities offered to our members have not kept pace with those offered by newer clubs along the Davis Boulevard corridor and, thus, our competitive draw for new buyers in our community. This modernization effort designed to correct this deficiency is sorely needed to improve the attractiveness of new buyers and to protect and improve property values in our community. But I wish to talk specifically about the benefits planned to Collier County as a whole. We believe plan improvements will draw more solid citizen homebuyers into Collier County into the very nice area along Davis Boulevard corridor that is already served well by roads and utilities that otherwise must be built in other parts of Collier County to support new construction. Also, we have a 10 percent per year turnover in our residential properties. The planned improvements to our club and community cannot help but substantially raise the tax value and assessments of our property sold to newcomers toward improvement of Collier County tax base overall. I hope you will see the desired change in the Berkshire PUD will benefit not only our club but also Collier County as a whole. This well - planned and thought -out set of improvements hinging specifically on the PUD change will offer multiple benefits for our whole county. Thank you again for my thought -- for listening to my thoughts, and I hope you will help make a positive decision to permit Countryside to go ahead with this improvement plan. By the way, we have a lot of fox squirrels in Countryside, and this can't help but improve their living conditions. And they're -- we like them. We enjoy watching them scurry around, along with ducks and everything else we have in the community. CHAIRMAN STRAIN: Thank you, sir. MR. REISCHL: Next speaker, Michael Bradfield followed by Larry Franzen. MR. BRADFIELD: Once again, good morning, Planning Commission members, and thank you very much for your service and allowing me to speak with you today. Again, my name is Michael Bradfield, and I have been the general manager and chief operating officer at Countryside for seven years. As several others have already done, I wish to express our enthusiastic support for the PUD amendment under consideration today. I would like to share with you a few facts which I hope to be helpful in your deliberation. Some of these I shared earlier. On September the 11 th of 2014, Countryside had a membership vote to amend its bylaws to allow for use of native vegetation or native vegetative space for the purposes of future growth and expansion, and this vote passed 852 to 224, or 79 percent in favor. On March the 2nd, Countryside offered a second vote for its members. This vote was to move forward with the proposed project with a -- 69 percent in favor. In August of this year, a neighborhood information meeting was also conducted, which owners did have an opportunity to attend. The member concerns and comments from three or four people related specifically with converting a handful of clusters on the golf course into preserve areas. These clusters were Page 33 of 37 October 15, 2015 deliberately selected in out -of -play areas as we've mentioned earlier. However, working with our engineering team, we have also been able to satisfy those members' concerns by building language into the Preserve Management Plan which allows for play of a golf shot out of those preserve clusters. In addition, the continual -- and I say "continual." I emphasize continual healthy pruning of vegetation. In fact, those existing proposed preserve clusters on the golf course will be maintained very similar to what are currently being maintained very similar to what the PMP calls for today; therefore, this plan does address those owners' concerns. The small clusters on the golf course and at Radio Road offset the 2.17 acres of native vegetation utilized for the proposed recreation space. We request consideration and approval of a deviation of the noncontiguous preserve areas that were selected. The Berkshire master PUD also allows for passive recreational use of those native vegetation areas, which is in your existing PUD, for open -space and parklike amenities. Without the PUD amendment approval, as mentioned earlier, Countryside is potentially landlocked for future expansion and improvements. And thank you for your comments earlier. I was not aware of that, Mr. Strain. Thank you. CHAIRMAN STRAIN: You're welcome. MR. BRADFIELD: We do feel that the one -acre cluster, as discussed earlier near Radio Road, is more desirable than several clusters, broken clusters throughout the golf course with regards to wildlife habitat. Our solutions presented a common -sense approach to satisfying Countryside owners' wishes, along with Collier County code, LDC, and the PUD requirements. Based on this information, we asked the Planning Commission to recommend approval of the board -- to the Board of County Commissioners to approve our PUD amendment and the deviation to allow for clusters of preserve space rather than a continuous preserve area. We have broad member support for our request and look forward to the enhancements within our community, which so many people support. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker? MR. REISCHL: Your final registered speaker is Larry Franzen. MR. FRANZEN: Good morning, Mr. Chairman and Planning Commission members. My name is Larry Franzen, and I have a -- I have been a condo owner and taxpayer in Countryside for 27 years, virtually from the beginning of Countryside Golf and Country Club development. I would have to say over the years I've seen a lot of great repair and maintenance activities at Countryside but virtually no upgrades to our amenities since U.S. Homes completed development of Countryside. About five years ago, as been mentioned, we did an extensive survey looking for our owners' level of satisfaction with our current amenities and facilities and their interest in upgrading or adding improvements to Countryside. From that information sprang a master plan for improvements that we are currently pursuing. As you have heard, we have 1,133 units with very limited common amenities beyond our golf course. We recognize how limited our common spaces are and have reviewed what our options might be to provide improvements. A major step in this review surfaced the need to change our bylaws for the sole purpose of allowing us to pursue the currently proposed amendment to the PUD documents we live under. While not unanimous, that bylaw change was approved, as has been mentioned, by 79 percent of our owners, certainly a very strong majority who recognize the need to have options available to us. As we have proceeded with our planning for the future, the requested amendment being discussed today has become a key element for us. I urge your support and approval of this amendment so that Countryside can remain a very desirable and valuable part of Collier County and the Davis Boulevard/Radio Road corridor. Thank you for your consideration. CHAIRMAN STRAIN: Thank you, sir. Okay. That's our last registered speaker. Is there anybody else that would like to address the Board? Page 34 of 37 October 15, 2015 (No response.) CHAIRMAN STRAIN: Okay. With that, we'll turn to the applicant for any rebuttal statement that they'd like to make. MR. HOOD: No rebuttals at this time. CHAIRMAN STRAIN: Okay. Fred, I made some notes as we've gone through, and if a motion maker wants to incorporate them, I'd like to make sure that they're understood by your side. MR. HOOD: Yeah. I'd like to go through those just so we can get them correct. CHAIRMAN STRAIN: You usually do, so I figured I'd beat you to the punch on that one. MR. HOOD: All righty. CHAIRMAN STRAIN: You'll be required to do a Preserve Management Plan and record conservation easements with fire wise or fire safe, whatever it's referred to, as an option. MR. HOOD: The only thing I'll add to that is can we stipulate that the PMP and the fire wise language be done at the first CO of any new building? CHAIRMAN STRAIN: They're done usually when you submit SDP, so I'm not going to -- that's a deviation you didn't request. MR. HOOD: That's okay. We'll do SDP. CHAIRMAN STRAIN: Okay. Minimum distance to a residence will be no less than 100 feet. MR. HOOD: Okay. CHAIRMAN STRAIN: Require the LDC standards for preserve setbacks for this -- by the way, these only -- all these issues apply to this location when we talk about standards. MR. HOOD: Okay. CHAIRMAN STRAIN: Change the master plan to reflect the rec area standards, not the golf course standards. The hours of operation will be 10 p.m. to -- I mean 6 a.m. to 10 p.m. There will be no amplified sound. You're going to incorporate the Dark Sky's into your lighting program with lights no higher than 25 feet, and the maximum building height will be the same as the golf course side, which is 35 feet. MR. HOOD: That's it. CHAIRMAN STRAIN: Okay. MR. REISCHL: Can I clarify that on the Dark Sky, that it's consistent with Dark Sky and not compliant. CHAIRMAN STRAIN: Yes, I'm sorry. That's a good point, Fred. Thank you. Charlette? COMMISSIONER ROMAN: Also, in all these areas, it goes without saying, but I just want to make sure it's clear for the record that they all fall under the Preserve Management Plan and also the Protected Species Management Plan? CHAIRMAN STRAIN: Absolutely. And that's how -- that's the intent. MR. HOOD: That's correct. CHAIRMAN STRAIN: Okay. Thank you. With that, we will close the public hearing. And I can read these off again if need be, if the motion maker wants, or if the motion maker wants to go in whatever direction they'd like. Is someone willing to make a motion? COMMISSIONER HOMIAK: And you said the 35 -foot height. CHAIRMAN STRAIN: Yep. COMMISSIONER HOMIAK: And the 7 -- in Section 7. COMMISSIONER ROMAN: You need to use the mike. CHAIRMAN STRAIN: You've got to use the mike. COMMISSIONER HOMIAK: And you said the 35 -foot height -- CHAIRMAN STRAIN: Will be added to this location, yes. COMMISSIONER HOMIAK: -- that's in Section 7? CHAIRMAN STRAIN: It's in -- I said it would be the recreational section, which is the Section 7. COMMISSIONER HOMIAK: Okay. Page 35 of 37 October 15, 2015 CHAIRMAN STRAIN: Anybody willing to make a motion? COMMISSIONER HOMIAK: I'll make a motion to approve with those stipulations that you listed. CHAIRMAN STRAIN: Okay. And would you also make the motion as the EAC? COMMISSIONER HOMIAK: Yes. CHAIRMAN STRAIN: And I would suggest this should come back on consent because of the amount of changes, and we've got to see how it's going to be incorporated. So would you mind including that? COMMISSIONER HOMIAK: Okay. And it will come back on consent. CHAIRMAN STRAIN: Perfect. Anybody second? COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Is there any further discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5 -0. Fred, thank you. And, ladies and gentlemen, thank you very much for your input today and time to be here. We sure appreciate it. MR. HOOD: Thank you. (Applause.) CHAIRMAN STRAIN: Okay. We have a -- finish up our meeting. Old business. I got to thinking that every October I usually ask this board if they want to see any changes in the officer positions on this board. I've been chairman, Karen is vice- chairman, and Diane is secretary. Does anybody wish any changes to that or have any suggestions they'd like to see changed? (No response.) CHAIRMAN STRAIN: Tom? MR. EASTMAN: I don't wish any changes. CHAIRMAN STRAIN: Is there a motion to leave the positions as so indicated? COMMISSIONER ROMAN: So moved. CHAIRMAN STRAIN: Seconded? COMMISSIONER SOLIS: Second. CHAIRMAN STRAIN: Andy. All those in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Thank you. There's no other old business. New business, we have nothing scheduled. Is there any members of the public that would like to comment on anything today? Since we're Page 36 of 37 October 15, 2015 mostly vacated, I don't think that's going to be needed. Is there a motion to adjourn? COMMISSIONER HOMIAK: Motion to adjourn. CHAIRMAN STRAIN: By Karen. Second by Diane? COMMISSIONER EBERT: Yes. CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: We're out of here. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:33 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 37 of 37 Co �er CaKnty SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT — PLANNING & REGULATION HEARING DATE: CONTINUED TO NOVEMBER 19, 2015 SUBJECT: PETITION PUDA- PL20150000178; BRIARWOOD PUD (PREMIER AUTO SUITES) BACKGROUND: In the original application for this project, the petitioner indicated that the proposed use is intended to be a combination of a private club and parking garage. These uses are listed as conditional uses in the currently approved PUD Document (Ordinance No. 95 -33). However, during the review of this petition, staff recommended that the use be called an "upscale storage facility," which was agreed to by the petitioner. The subject petition was reviewed by the Collier County Planning Commission (CCPC) on August 20, 2015. The petitioner requested to amend Tracts B and C by proposing the following: 1. Adding upscale storage facilities for boats and personal watercraft, vehicles, recreational vehicles, motorcycles, and the like, as a principal use; 2. Adding accessory uses associated with upscale storage facilities; 3. Adding minimum standards for upscale storage facilities; 4. Increase the maximum floor area for upscale storage facilities, from 20% of the commercial land area to 40% of the commercial land area; 5. Adding a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio Road; 6. Allowing architectural review of properties without recorded covenants or deed restrictions to be regulated by architectural review standards of the Land Development Code at the time of Site Development Plan (SDP) or Plat approval; 7. Adding a new Alternative Landscaping exhibit for Livingston Road and Radio Road; and 8. Adding a new Conceptual Master Plan for the upscale storage facility. In the staff report for this meeting, staff recommended the CCPC forward the petition to the Board of County Commissioners (BCC) with a recommendation of approval. At the CCPC meeting, questions were raised about certain characteristics of the project, with arguments being made that the project, if operated as a storage facility, was more of an industrial development (e.g., storage, warehousing, etc.) than a commercial development. A self - storage facility would require an amendment to the Growth Management Plan (GMP). Also, just prior to the public hearing, staff became concerned after learning PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 1 of 11 about the constructability of the project related to building and life safety codes. As a result of this discussion, staff recommended that the CCPC to refrain from taking action on the item. As a result of the concerns raised at the CCPC, the applicant requested the item be continued until September 17, 2015, to which the CCPC unanimously agreed. The continuance of the petition was to give the applicant additional time to address the concerns raised by the CCPC, the public, and staff. Prior to the September hearing, the applicant requested to continue the item until October 15, 2015. Staff advised the applicant to further postpone the item until all updated documents and information had been fully evaluated by staff in order to ensure a comprehensive review of the application. As such, the applicant requested to continue the item until November 19, 2015. SUMMARY OF CHANGES: Listed below is a brief summary of the significant changes that occurred between this updated version and that which was reviewed by the CCPC on August 20 (and the reason for such change): PUD Document: 1. Reclassified the proposed use from upscale storage facility back to the original request for a Private Club and Private Parking Garage, which is consistent with the GMP; 2. Restricted the total building area to 280,000 square feet; the total Vt floor building area (i.e. footprint) to 188,000 square feet; and the total mezzanine area to 92,000 square feet (in Section VI); 3. Mandated that each unit contain a mezzanine space (recreation/assembly area) and that such mezzanine space (recreation/assembly areas) be sized at least 25% but no more than 49% of the first floor area of each unit (in Section VI). For this hybrid use, the presence of the recreation/assembly areas within each unit is what staff considers to be a requisite component of a private club; 4. Mandated in Section VI that the proposed use be comprised of a membership and closed to the general public, and stipulated that each guest be accompanied by a member, in order to further justify the proposed use as a private club; 5. Clarified in Section VI that individual units are not intended to provide the general storage of goods not associated with the proposed use, in order the further justify the proposed use as a private club; 6. Eliminated the requirement in Section VI that all exterior balconies be located internal to the subject development and that none should face Livingston Road, Radio Road, or any adjacent residential use; 7. Inserted the minimum required off - street parking calculation in Section VI (i.e., 2 spaces per units and 1/200 square feet for the clubhouse /office) in order to better anticipate the project's parking demands. In the version reviewed by the CCPC on August 20, the PUD Document did not itemize the off - street parking calculation. The conceptual master plan PUDA- PL20150000178 Bdarwood PUD (Premier Auto Suites) November 19, 2015 Page 2 of 11 was based on a parking calculation of 1/20,000 square feet, which is used for warehousing, and 1/300 for the office; 8. Clarified in Section VI that all doors shall remain closed when the unit is occupied so as to enhance compatibility between the proposed use and the abutting residential use; 9. Restricted the maximum number of vehicles /vessels to eight (8) per unit, inclusive of those parked on lifts. In addition, each unit shall have a maximum of two (2) lifts (in Section VI). This was done to address the public concern for overcrowding; 10. Stipulated that exterior security lighting be provided on each structure and provide shielding to avoid glare on residential areas (in Section VI); 11. Stipulated in Section VI that no outdoor amplified sound systems are allowed to enhance compatibility between the proposed use and the abutting residential use; 12. Further clarified in Section VI that the stabilized sub -grade pathway identified on the conceptual master plan is for the use of emergency vehicles only; 13. Stipulated in Section VI that the overall development will provide the following: 1) gate controlled access; 2) 24 -hour surveillance video internal and at the perimeter of the development; and 3) utility connections to each structure; 14. Stipulated in Section VI that each unit will contain the following: 1) utility connections; 2) smoke detectors; 3) climate control; 4) private water closets; 5) mezzanine with safety railing and associated stairwell; 6) overhead lighting; and 7) finished and or treated wall and floor surfaces; 15. Inserted standard disclaimer and condition language relating to permitting as suggested by the County Attorney's Office in Section VII; 16. Eliminated the proposed changes to Section 7.12 Architectural Review due to neighborhood opposition at the public hearing; 17. In Article VIII, requested two (2) additional deviations to the LDC (in addition to the landscape buffer deviation previously requested). The first deviation deals with the prospect of installing a berm/buffer wall combination where adjacent to existing residential homes within the Briarwood PUD (see accompanying justification). The second request is to deviate from the curbed landscape island requirement in parking areas (see accompanying justification). Requested Deviations: The petitioner added two (2) more requests for deviations from the LDC. They are as follows: A deviation from LDC Section 5.03.02.F. La & b, which require that the height of a fence PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 3 of 11 or wall shall be measured from the ground level at the fence or wall location, to instead require the developer to provide the proposed eight (8) foot wall at the top of berm adjacent to existing residential homes within the Briarwood PUD where the top of the wall shall not exceed eleven (11) feet above existing ground level. The alternative wall location shall accompany SDP construction drawings for review and approval; 2. A deviation from LDC Section 4.06.03.B.3, which requires curbed landscape islands for all rows of parking spaces in all development with the exception of single - family, two - family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots, to instead require no terminal landscaped islands as required by the LDC for any parking areas in individual driveways. (A complete analysis of the requested deviations is provided on page 7) Conceptual Master Plan: 1. Redesigned the perimeter buildings in order to address architectural design comments from the CCPC and staff. This updated master plan proposes 16 buildings whereas the version reviewed by the CCPC on August 20 contained 10 buildings - the Iarger buildings were split into smaller units in order to reduce massing; 2. Inserted the location of the buffer wall; 3. Corrected the code citation that was used in reference to the landscape buffer; 4. Modified the type of surface of the stabilized sod sub - surface for emergency vehicle access so that it contains a "natural surface" in order to promote a softer design; 5. Updated the Development Standards table to include references to private clubs and the corresponding building square footages proposed herewith this petition; 6. Relocated the Typical Roadway Pavement Section from sheet 2 of 2 to a separate sheet (i.e., 3 of 3) to enhance legibility when printed on 8.5" x 11" sized paper; 7. Updated boundary of preserve to mirror previously platted preserve; 8. Added cross - section of Typical Aisleway Pavement Section. Traffic Impact Statement (TIS): 1. Updated the TIS to include retail shopping center, multi - family residential, lodge /fraternal organization, and a marina as comparisons in the analysis for trip generation, whereas the PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 4 of 11 previous version analyzed only warehouse and marina uses; Comparative Analysis of Public Facility Impacts: 1. Traffic — April 2015 concluded a reduction of 127 weekday PM peak hour trips; October 2015 concluded a reduction of 361 weekday PM peak hour trips (specifics of analysis on page 6); and 2. Water and Sewer — April 2015 concluded a reduction of 10.7 peak daily gallons per minute (GPM); October 2015 concluded a reduction of 46.6 peal, daily GPM. ANALYSIS: This petition proposes to modify the list of permitted uses in the Briarwood PUD to include private "car" club /private parking garages. Members would have the ability to store their boats and personal watercraft, vehicles, recreational vehicles and motorcycles within individually owned units. Units are not permitted to provide the general storage of goods not associated with the private "car" club with private garage use. The indoor recreation spaces within each unit would allow pool and card tables, exercise equipment, personal office space, and bathrooms. In addition to the individual units, this petition seeks to allow for a clubhouse and visitor parking. The proposed use is unique and not well defined in either the LDC or the current Briarwood PUD Document. No Business Tax Receipt (BTR) would be required because each unit would be individually owned for private use within the constraints of a membership entity. The PUD Document contains self- imposed restrictions prohibiting personal businesses from being conducted from the premises. No BTRs are to be granted to any unit owner(s) /member. Units are not permitted to be utilized as dwellings, places of business, or live -work units. To address the concerns of overcrowding, excessive revelry, and/or outdoor noise that could adversely impact neighboring properties, the PUD Document contains some of the following stipulations: 1. "The maximum occupant load of each unit is ten (10) at any time. If units are combined, the maximum load will reflect the maximum for individual units combined." 2. "No outdoor or amplified sound systems are allowed." Staff construes this to be a restriction on amplified sounds outside the unit. Members may utilize televisions, radios, and the like within their unit without violating this restriction. 3. "All doors shall remain closed when unit is occupied." 4. "Minor and routine vehicle maintenance is allowed within each unit by the unit owner. All doors of individual units shall remain closed when maintenance occurs." 5. "Units shall not accommodate bedrooms, sleeping facilities /accommodations, guest quarters /guest units, short or long -term habitation, or for overnight stays." PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 5 of 11 6. "Individual units shall be limited to a maximum of eight (8) vehicles /vessels, inclusive of vehicles /vessels parked on lifts. Two (2) lifts per unit shall be permitted. Each lift may accommodate one vehicle /vessel. If units are combined, the maximum number of vehicles /vessels and lifts will reflect the maximum for each unit combined." 7. "Stabilized sub -grade pathway identified on Exhibit B shall be for the use of emergency vehicle access only." Notwithstanding the references to "upscale storage facility" from the previous staff report, which was reviewed by the CCPC on August 20, 2015, its PUD Findings (pursuant to LDC Subsection 10.02.13.B.5) and the Rezone Findings (pursuant to LDC Subsection 10.02.08.F) are hereby restated and reincorporated herein. In addition, the following analysis was conducted with respect to traffic and land use: Traffic: The June TIS analyzed warehouse and marina land uses that principally addressed the storage aspects of the proposed development without comparison calculations of allowable uses in the PUD. This approach determined expected trip generation based on those specific storage uses however it did not address the additional private club aspects proposed. The revised TIS includes a study of the highest and best use trips permitted by current PUD compared to the proposed uses of both storage and private club. As noted in the staff report the proposed use of private garage /club facility does not have an assigned land use code for modeling purposes in the Institute of Transportation Engineers (ITE). The hybrid TIS provided to address the unique uses proposed is based on trip generation for: retail shopping center (comparison calculation noted above); a multi - family residential calculation which is consistent with the private ownership aspect proposed for each of the 159 parking garage units; a lodge /fraternal organization calculation based on 1590 members (10 per unit) to address the entertainment or club component; and marina use at two berths per unit to address potential weekend trip impacts. Conclusion: The proposed uses will have a lower projected trip generation than the permitted uses allowed by the current PUD (449 to 560 total pm peak hour trips vs. 48 to 99 pm peak hour trips). Therefore, the proposed project is less intensive than other uses currently allowed by the PUD from a traffic standpoint. Future Land Use: With respect to the future land use policies of the GMP and comparing zoning district intensity, it is necessary to determine the lowest intensity zoning district(s) in the LDC allowing the existing uses within the PUD to the lowest intensity zoning district in the LDC allowing the proposed uses. For this petition, no new uses are being proposed, rather changed from conditional use to permitted (by right) use; therefore, the proposed zoning district (PUD amendment) is of the same zoning district intensity as the existing. Staff concludes the new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. In comparing public facility impacts to determine overall intensity, it is necessary to have a comparative analysis of impacts from uses and PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 6 of 11 acres /square feet allowed in the existing zoning district and the proposed zoning district upon public facilities (usually viewed as category A public facilities) - arterial and collector roads, potable water, sanitary sewer (wastewater), drainage, solid waste, and parks and recreation facilities. As is typical for a PUD allowing a variety of retail uses such as Briarwood, the representative existing use should be a shopping center (encompassing 20% of the land area in the commercial tract, per the PUD limitation). The proposed use would be the requested private club /parking garage occupying 27% of the land area in the commercial tract (188,000 s.f. building footprint plus 92,000 s.f. mezzanine yielding a total of 280,000 s.£). As to the proposed use, staff acknowledges the uniqueness of this use in Collier County and that our codes do not specifically list /identify /reflect this use. Therefore, it is necessary to look at other uses, alone or in combination, in effort to establish a reasonably comparable use for purposes of public facility impacts. Staff notes that the TIS refers to an equivalency of 159 townhouse units or 1,590 lodge /fraternal organization members (but uses the townhouse traffic generation as it results in the greater traffic volume), then uses a different land use equivalency for water and sewer consumption and generation (warehouse). Staff does not find it objectionable to use different land use equivalencies for different public facilities analyses. Given its uniqueness, staff also acknowledges that there are variables about the proposed use that are unknown — how often will each unit owner occupy /use the unit (daily, weekends only, weekly, monthly; year -round or seasonally), and for how long (1 hour, 4 hours, 8 hours, longer, shorter); how often will guests also occupy /use the unit, and how many guests? Finally, staff notes that the petitioner's comparative analysis is based upon the previously proposed 159 private club /garage units, not the 148 units now proposed. Therefore, where impacts upon public facilities are shown to be reduced, the reduction would actually be even greater. Finally, staff notes that FLUE Policy 5.1e. does not indicate whether each of the public facility components are weighted equally or not; or whether all components must reflect a neutral outcome or reduction or a simple majority must reflect a neutral outcome or reduction or a weighted majority must reflect a neutral outcome or reduction. Staff observes that historically, transportation impacts have been of greatest concern to the County. Conclusion: Staff concludes that the overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. DEVIATION DISCUSSION: The petitioner is seeking three (3) deviations from the LDC. The requested deviations are as follows: Deviation #1: A deviation from LDC Section 4.06.02.C.4.b, which requires a continuous three (3) gallon double row hedge spaced three (3) feet on center of at least twenty -four (24) inches in height at the time of planting and attaining a minimum of three (3) feet height within one (1) year where vehicular areas are adjacent to the road right -of -way, to instead permit the developer to provide alternative Type D Buffer landscaping for Principal Use 414, along Livingston Road and Radio Road planted consistent with Exhibit C. PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 7 of 11 Petitioner's Rationale: "The intent of the referenced section of the LDC, provides for the screening of vehicles in a parking lot adjacent right -of -ways. The intent of the LDC section, in the case of proposed use 414 in the PUD document will be met with the absence of parking areas between in these areas due to the placement of buildings along the Livingston and Radio Road corridors. The double row hedge will not be continuous, but will be strategically placed along these right -of -way areas where parking lots are not planned or visible from the roadway to help screen building massing in excess of LDC requirements." Staff Analysis and Recommendation: A Type "D" Buffer, which is required along road rights -of- way, typically requires a row of trees spaced a maximum 30 feet apart. This is due to the presence of off - street parking areas being on the interior of the site, shielded by the building(s). The landscape proposed for this amendment shows an alternative Type D buffer with additional trees and shrubs, staggered, adding a more opaque buffering material to soften the impact of the project. The proposed Conceptual Master Plan (see Attachment "A ") illustrates an area proposed near the perimeter of the site (labeled Stabilized Sub -Grade For Emergency Access (W/ Natural Surface) that would be comprised of a non -paved surface for emergency access. Staff is sensitive to this area remaining restricted to emergency vehicles only. Members and guests should not be permitted to drive in this area and therefore, avoid the potential for inadvertently creating a makeshift racetrack. It is staff's opinion that all these components would create superior design that exceeds the minimum landscape requirements of the LDC. Requested Deviation #2: A deviation from LDC Section 5.03,02.17, La & b, which require that the height of a fence or wall shall be measured from the ground level at the fence or wall location, to instead require the developer to provide the proposed eight (8) foot wall at the top of berm adjacent to existing residential homes within the Briarwood PUD where the top of the wall shall not exceed eleven (11) feet above existing ground level. The alternative wall location shall accompany SDP construction drawings for review and approval. Petitioner's Rationale: "The intent of the referenced section of the LDC is to avoid walls of excessive height between land uses and to provide proper screening between land uses. The construction of the proposed development, when site work is completed, will locate buildings on- site where the height of the proposed buildings is measured from "finished grade ". With building pads being typically graded higher than existing grade elevations, the wall location (per code) will be placed at the foot of the proposed perimeter berm at grade (8.6 feet) and will provide less vertical opaque screening. To provide additional vertical opaque screening between the two separate land uses, the proposed wall will be located on top of the berm to provide greater shielding between the commercial area and the adjacent Dover Parc residential community." Staff Analysis and Recommendation: Staff is in favor of the requested deviation as its intent is to mitigate any adverse impact the subject commercial property would have on the abutting residential properties. According to the Conceptual Master Plan, the wall would be located within the 15 -foot wide landscape buffer, setback six (6) feet from the property line. The Conceptual Master Plan does not indicate the distance the wall would be from the closest building on site; however, it is safe to assume the minimum distance the wall would be from any Premier Auto Suites building would be greater than 40 feet. Because the on -site water management areas, which are generally lower in grade elevation than improved areas, are proposed south and west of the PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 Page 8 of 11 berm/wall combination, it makes sense for the wall to be placed on top of the berm in order to achieve its desired buffering effect. To quell the potential concern that the berm/wall height (as perceived from the abutting residential properties) would be excessively tall, the applicant agrees to staff's condition of approval that the top of wall shall be no higher than 11 feet above the existing ground level of the adjacent properties. Requested Deviation #3: A deviation from LDC Section 4.06.03.B.3, which requires curbed landscape islands for all rows of parking spaces in all development with the exception of single - family, two - family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots, to instead require no terminal landscaped islands as required by the LDC for any parking areas in individual driveways. Petitioner's Rationale: "The intent of the referenced section of the LDC is to avoid excessive terminal landscaping islands adjacent to driveway parking areas. Where centralized parking facilities are present on -site the LDC requirement for terminal islands shall govern." StaffAnalysis and Recommendation: Staff recommends approval of a deviation from LDC Section 4.06.03.13.3 regarding terminal islands for off - street parking in front of the overhead doors, provided that such driveway area is sized, configured, and oriented as such to lawfully accommodate parked vehicles as provided for in the LDC. It should be noted that the Conceptual Master Plan shows that several driveway spaces in front of the overhead doors may not be sized, configured, or oriented as such to lawfully accommodate parked vehicles. This type of more detailed review would occur during the Site Development Plan (SDP) process. In these instances, it is likely that a non - driveway, off - street parking lot would have to be designed to satisfy minimum parking requirements. If an off - street parking lot is used to satisfy minimum parking requirements, staff rejects the requested deviation. Staff would only support the requested deviation for lawful driveway spaces. CONCLUSION: Staff supports the proposed use (as a private club), provided that each unit is designed for and contains space allocated to 1) habitable gathering/recreation area; and 2) vehicle /vessel parking area, similar to that of a private parking garage. To address staff's concerns of proposing an industrial use that would be inconsistent with the GMP, the applicant updated the PUD Document to include the requisite gathering/recreation area within each unit. Each mezzanine would be sized at least 25% but no greater than 49% of the ground floor area. While not stated in the PUD Document, it is staff's understanding that the unit owner(s) /member will decide the ultimate floor plan. The PUD Document also stipulates that each unit will have a maximum of ten (10) occupants at any time and that all guests be accompanied by a club member. Other mitigating self- imposed restrictions, which are endorsed by staff, were discussed earlier in the Analysis portion of this staff report. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on November 9, 2015. RECOMMENDATION: PUDA- PL20150000178 Briaiwood PUD (Premier Auto Suites) November 19, 2015 Page 9 of 11 Staff recommends the CCPC forward petition PUDA- PL20150000178 to the BCC with a recommendation of approval, contingent upon satisfying the following: 1. Off - street parking shall be based on two (2) spaces per unit with the caveat that one (1) space be provided outside the unit; 2. The top of the buffer wall, the location of which depicted in Exhibit B Conceptual Master Plan, shall be no greater than eleven (11) feet in height above the existing grade of the adjacent properties; 3. The buffer wall shall be decorative in appearance and installed prior to the construction of any buildings. "Decorative" when used in this context shall be construed to include or possess characteristics, materials, or finish that is generally accepted as possessing higher aesthetic quality than minimum code; 4. Each building fagade shall be designed as a primary fagade; 5. The first building to be constructed shall occur at the easternmost portion of the property; 6. No semi - trailer trucks shall be allowed to access the site between the hours of midnight and 6 a.m.; 7. Any subsequent reuse of the proposed project cannot be used as a commercial self - storage or warehouse facility; and 8. Section 8.3.2 of the PUD Document shall be updated to reflect the maximum height of the berm/wall combination shall not exceed 11 feet (as opposed to 18 feet) as measured above the existing ground level of the adjacent property. Attachments: 1) Ordinance 2) Application & Support Material 3) Correspondence PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 • Page 10 of 11 PREPARED BY: ERIC L. JOHNSON ,° CP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: zv 11 /affl- / ro /Is- RAYNORD V BELLOWS, ZONING MANAGER DATE ZONING DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: MES FRENCH, DEPUTY DEPARTMENT HEAD WTH MANAGEMENT DEPARTMENT r DAVID S. WILKISON, P.E. DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PUDA- PL20150000178 Briarwood PUD (Premier Auto Suites) November 19, 2015 //- /Z. -/5,-- DATE c t jz1� DATE Page 11 of 11 ORDINANCE NO. 15 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95 -33, THE BRIARWOOD PUD, AS AMENDED, TO ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, AND ASSOCIATED ACCESSORY USES, AS A PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL, TO ADD MINIMUM STANDARDS FOR PRIVATE CLUBS AND PRIVATE PARKING GARAGES, TO INCREASE THE MAXIMUM FLOOR AREA FOR PRIVATE CLUBS AND PRIVATE PARKING GARAGES IN TRACTS B & C: COMMUNITY COMMERCIAL FROM 20% OF THE COMMERCIAL LAND AREA TO 49% OF THE COMMERCIAL LAND AREA WHICH COMPRISES 198,500 SQUARE FEET OF THE BUILDING FOOTPRINT ON THE GROUND LEVEL AND AN ADDITIONAL 97,500 SQUARE FEET LIMITED TO A MEZZANINE AREA, TO ADD A DEVIATION ALLOWING AN ALTERNATIVE TYPE D LANDSCAPE BUFFER ALONG LIVINGSTON ROAD AND RADIO ROAD, TO ADD A DEVIATION ALLOWING THE REQUIRED 8 -FOOT WALL AT THE TOP OF A BERM INSTEAD OF BEING LOCATED AT GROUND LEVEL, TO ADD A NEW ALTERNATIVE LANDSCAPING EXHIBIT FOR LIVINGSTON ROAD AND RADIO ROAD, AND TO ADD A NEW CONCEPTUAL MASTER PLAN FOR THE PRIVATE CLUBS AND PARKING GARAGES, FOR THE PUD PROPERTY CONSISTING OF 209.17+ ACRES LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95 -33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document "); and WHEREAS, Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing Premier Auto Suites of Naples, LLC, has petitioned the Board of County Commissioners to amend Ordinance No. 95 -33, the Briarwood Planned Unit Development, and the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Arianvood PUD (Prefliier Aulo&iies) PUDA- PL20150000179. rev. 11/10/15 Words stmek through are deleted, words underlined are added. Page 1 of 8 „ A SECTION ONE: AMENDMENTS TO PAGE ii, LIST OF EXHIBITS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95 -33, THE BRIARWOOD PUD Page ii, entitled "List of Exhibits," of the PUD Document attached as Exhibit A to Ordinance No. 95 -33, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A Briarwood Development PUD Master Plan EXHIBIT B Community Commercial Conceptual Master Plan for Principal Use 414 EXHIBIT C Community Commercial Alternative Landscaping Cross - Sections and Elevations for Principal Use #14 SECTION TWO: AMENDMENTS TO SECTION VI, TRACT B & C: COMMUNITY COMMERCIAL, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95 -33, THE BRIARWOOD PUD Section VI, entitled "Tract B & C: Community Commercial," of the PUD Document attached to Ordinance No. 95 -33, is hereby amended as follows: 6.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: Brianraod PUD (Premier Auto Suites) PUDA- PL2015000008, rev. 11110 /15 Words str-uek thfo ug# are deleted, words underlined are added. Page 2 of S UA . (12) Tailoring, millinery, garment alteration, and repair. (13) Museums. Private Clubs and Private Parking Garages (consistent with Exhibit B). • The following are permitted in association with Principal Use #14: a. Common areas and amenities generally associated with the principal use, including but not limited to a clubhouse and its associated parking, b. Indoor recreation spaces (e.g., pool tables, card tables and exercise equipment), personal office space and bathrooms within individual units. 6.3 REGULATIONS 6.3.6 Maximum Floor Area: A. Principal Use #14: i. The footprint of structures for Principal Use #14 shall be limited to a maximum of 188,000 square feet or twenty - seven percent (27 %) of the Commercial land area. ii. Mezzanine areas shall be contained wholly within the individual units for Principal Use #14, and may add up to an additional 92,000 square feet. The total footprint of all Principal Use #14 structures, including the mezzanine areas contained therein shall never exceed twenty-seven percent (27 %) of the surface area of the Commercial Land Area. The total square footage of all Principal Use #14 structures, including the mezzanine areas contained therein, shall never exceed 280,000 square feet or forty - percent (40 %) of the Commercial land area. B. All other Principal Uses (other than Principal Use 414): Twenty percent (20 %) Commercial land area on tracts other than tracts related to Principal Use #14. Brinnrood PUD (Premier Aulo Suites) PUDA- PL20 1 50000 1 78, rcv. I (/10/15 Words statek through are deleted, words underlined are added. Page 3 of 8 C. Anv lands not utilized for Principal Use 914 shall be developed at a maximum of twenty percent (20 %) Commercial land area remaining. 6.3,7 Additional Standards for Principal Use # [14], Private Clubs and Private Parking Garages. A. The use shall be membership only and will not be open to the general public. B. The use shall be for the parking of boats and personal watercraft, vehicles, recreational vehicles, and motorcycles. C. All aucsts must be accompanied by a club member. D. The maximum occupant load of each unit is ten (10 ) at any time. If the units are combined the maximum load will reflect the maximum for individual units combined. E. All doors shall remain closed when unit is occupied. F. Units are not permitted to provide general storage of goods not associated with the private club with private garage use. G. Units shall not accommodate bedrooms, sleeping facilities /accommodations guest quarters /guest suites, short or long -term habitation, or for overnight stays. H. Units shall not be utilized as dwellings, places of business, or live - work units. 1. No vehicle repair or detailing outside of individual units or in the common areas of the development is permitted. J. Minor and routine vehicle maintenance is allowed within each unit by the unit owner. All doors of individual units shall remain closed when maintenance occurs. K. Individual units shall be limited to a maximum of eight (8 vehicles /vessels inclusive of vehicles/vessels parked on lifts. Two (2) lifts per unit shall be permitted Each lift may accommodate one vehicle /vessel. If units are combined the maximum number of vehicles /vessels and lifts will reflect the maximum for each unit combined. Brlarvood PUD (Premier Auto Suites) PUDA•PL20150000178, rev. H110115 Words stmek thfough are deleted, words underlined are added. Page 4 of 8 ; ,;I L. Each unit shall provide two (2) parking spaces in each unit's driveway. However, required spaces may be provided within the individual unit. Building #13 (Clubhouse per Exhibit B) shall provide parking at a ratio of 1 space /200 square feet. M. An eight (8) foot high masonry wall meeting LDC material design standards shall be provided along the perimeter of this development at the ton of berm adjacent to Briarwood residential uses. A Type B landscape buffer in compliance with LDC Section 4.06.02 C.2 standards shall be located on the residential side of the wall. Retained native vegetation within this buffer may be used to meet the landscape buffer plant requirements. See Deviation #2. N. Exterior security lighting shall be provided on each structure. All exterior lighting shall be shielded from residential areas to avoid glare. O. No outdoor or amplified sound systems are allowed. P. Ten (10) mph speed limit signs shall be posted at both entrances and every one hundred (100) feet along all drive lanes within the development. The speed limit signs shall also note that engine revving is not allowed, Q Stabilized sub -grade pathway identified on Exhibit B shall be for the use of emergency vehicle access only. R. Mezzanines accommodating private club recreation lounges shall be provided within each unit. Each mezzanine must equate to at least twenty -five to forty -nine percent (25 -49 %) of the rg ound floor area of the individual unit. S. At a minimum, the following shall be provided for the overall development of Princinal Use 414: • Gate controlled access at each access point • 24 -hour video surveillance internal to the development and at the perimeter of the development • Utility connections to each structure T. At a minimum the following shall be provided in each individual unit: • Utility connections • Smoke detectors and fire sprinklers • Climate control Rrlanrood PUD (Premier Auto Sidles) PUPA- PL20150000179, rev. I I / 10/ 15 Words struek are deleted, words underlined are added. Page 5 of 8 • Private water closet • Mezzanine with safety railing ailing and associated stairwell • Overhead lighting • Finished and/or treated wall and floor surfaces SECTION THREE: AMENDMENTS TO SECTION VII, DEVELOPMENT STANDARDS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Section VII, entitled "Development Standards," of the PUD Document attached to Ordinance No. 95 -33, is hereby amended as follows: 7.22 PERMITTING A. Issuance of a development permit by a county does not in any-way create any ri hts on the art of the applicant to obtain a permit from a state or federal agency and does not create any liabilijy on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. SECTION FOUR: AMENDMENTS TO SECTION VIII, LANDSCAPE DEVELOPMENT, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Section VIII, entitled "Landscape Development," of the PUD Document attached to Ordinance No. 95 -33, is hereby amended as follows: 8.3 LANDSCAPE DEVELOPMENT 8.3.1 Single Family Dwelling Sites: Brianrood PUD (Premier Auto Sidles) PUDA- PL20150000178, rev. 11 /10/15 Words struck threugh are deleted, words underlined are added. Page 6 of 8 With the exception of platted portions of Unit One and Unit Two, all future single family development areas shall be in compliance with Division 2.4 of the Collier County Land Development Code. 8.3.2 Multi - Family, Streets and Right -of -Way and Commercial: (to include Tracts A, B and C) All landscaping for multi- family, and commercial tracts and streets and right -of -ways shall be in accordance with Division 2.4 of the Collier County Land Development Code. Deviation # 1 • A deviation from LDC Section 4.06.02 C.4.b,_ which requires a continuous three (3) gallon double row hedge spaced three (3) feet on center of at least twenty -four 24) inches in height at the time of planting and attaining a minimum of three (3) feet height within one (1) year where vehicular areas are adjacent to the road right -of -way, to instead permit the developer to provide alternative Type D Buffer landscaping for Principal Use 414 along Livingston Road and Radio Road planted consistent with Exhibit C. Deviation #2: A deviation from LDC Section 5.03.02 F.l.a & b which require that the height of a fence or wall shall be measured from the ground level at the fence or wall location to instead require the developer to provide the proposed eight (8) foot wall at the top of the berm adjacent to existing residential homes within the Briarwood PUD where the top of the wall shall not exceed eleven (11) feet above existing_ ground level. The alternative wall location shall accompany SDP construction drawings for review and approval. Deviation #3: A deviation from LDC Section 4.06.03 13.3 which requires curbed landscape islands for all rows of parking spaces in all development with the exception of single - family, two - family, mobile home dwelling unit public utility ancillary system and dwellings on individually olatted lots, to instead require no terminal landscaped islands as required by the LDC for any parking areas in individual driveways. SECTION FIVE: ADDITION OF EXHIBIT B, COMMUNITY COMMERCIAL CONCEPTUAL MASTER PLAN FOR PRINCIPAL USE 414, AND EXHIBIT C, COMMUNITY COMMERICAL ALTERNATIVE LANDSCAPING CROSS - SECTIONS AND ELEVATIONS FOR PRINCIPAL USE #14, TO THE PUD Briorwood PUD (Preoiier 10lo Suites) PUDA- PL20 1 500001 78, rev. 11/10/15 Words struel( through are deleted, words underlined are added. Page 7 of 8 �t 9� DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Exhibit B, Community Commercial Conceptual Master Plan for Principal Use #14, and Exhibit C, Community Commercial Alternative Landscaping Cross - Sections and Elevations for Principal Use #14, attached hereto and incorporated by reference herein, are hereby added to the PUD Document attached to Ordinance No. 95 -33. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK day of , 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: EXHIBIT B: Community Commercial Conceptual Master Plan for Principal Use # 14 EXHIBIT C: Community Commercial Alternative Landscaping Cross - Sections and Elevations for Principal Use #14 Brianvood PUD (Premier Auto Sailes) PUDA- PL20150000178, rev. 11/10/15 Words stfuek-thfough are deleted, words underlined are added. Page 8of8 I fP PRESERVE BLPFER EASESEHT iro V. PG 3�1 A� P� Im 5 TYPE 1 Zo"G BRXNV:ACPUC lARCSCAPE BUFFER tlntl UiE g8a2ERVE AREA IPERWC SEC..x@c.a ■rrrrr�r rr�r�. mACr a �E'b FffiSERVE 5651' __ �,�• �0 ROQpOZLY � ,• CWIEGT IO WST omw- ® ROW AREA EASEMENT AREA HH 11 II Wn � 0 fW0 CO ir N F 6 Q Lo W m 4 '�_ 1 berg 1 of 3 �mA w0 �I� �0 � '• _� sa Ort MgYFn �iME j gaga £€ C 4y ff a� Ooow rPi. �u V S �f 1 EO I 'i o .wm r. RxBr: R 7i: 1 PROPOSED l\ .t. .. ' $Ei61- RID BRAPE FCII � �• �l1RRGEBC+' ffi �WTUf1I�1 -' ! AItA Y . —_.. ' 9.88 _ r rfrr,r B� r rfr r. r*'r r, r rr�rr�r H TYAEO YW WNIPIE HNfASlwB ZP NA 6'TYPEG uROSCNEBUFPER L.AIOBCM wA1BZ 1SVRlolE rowIFPCBYCASrp ftMEO KRC —ft KRR/M1 IAtn us[ RADIO RPAUROW IPER EIMBR CI _� � STAl UP ZO Fo m PUp wo USE R1AbliABaY RESlPEN+eK HH 11 II Wn � 0 fW0 CO ir N F 6 Q Lo W m 4 '�_ 1 berg 1 of 3 GENERAL NOTES: ALL REQUIRED WATER MANAGEMENT AND OPEN SPACE AREAS SHALL BE FINALIZED PER LDC SECTION 10.02 13.A 1 DURING THE SDP REVIEW PROCESS. DEVELOPMENT FOR PRINCIPAL USE 914 SHALL BE CONSISTENT WITH LDC SECTION 10.02 03 D. PLANNING NOTES CURRENT ZONING: BRIARWOOD PUD ORD. 9533 PROPOSED ZONING: BRIARWOOD PUD CURRENT LAND USE, VACANTIUNDEVELOPED FUTURE LAND USE URBAN RESIDENTIAL SUBDISTRICT OPEN SPACE REQUIREMENT: REQUIRED OPEN SPACE (15.36 AC X 30% = 4.61 AC) DEVELOPMENT STANDARDS: PRIVATE CLUB AND PRIVATE GARAGES PRIVATE CLUB AND 25 FEET PRIVATE GARAGES BUILDING HEIGHT 30 FEET ABOVE MAXIMUM FINISHED GRADE MINIMUM FLOOR AREA 1,000 SF PER BUILDING 12 THE SUM OF THE BUILDING HEIGHTS (GROUND FLOOR) MAXIMUM FLOOR AREA 188.000 SQUARE FEET OR BUILDING FOOTPRINT AREA TWENTYSEVEN PERCENT 3 26.96% (27%) COMMERCIAL LAND x 0.09 AC. AREA (LIMITED TO MISC. OPEN SPACE FOOTPRINT AREA ONLY) x 27.83% AND A MAXIMUM OF 92,000 11&99 AC. ADDITIONAL SQUARE FEET LIMITED TO MEZZANINE AREAS ONLY (WITHIN FOOTPRINT AREA) FOR A MAXIMUM OF FORTY (40%) COMMERCIAL LAND AREA MINIMUM LOT AREA WA MINIMUM LOT WIDTH I WA REQUIRED BUILDING SETBACKS NATIVE PRESERVATION REQUIREMENT: THE EXISTING NATIVE PRESERVE AREA SHOWN IS 0.09 ACRES. THIS AREA IS PLATTED AS A PRESERVE AREA WTTHIN THE OVERALL BRLARWOOD PUD (ORD. 95-33) IN PLAT BOOK 17, PAGE 25 OF THE BRIARWOOD PLAZA PLAT PER SECTION 7.21 D OF THE BRIARWOOD PUD AREAS REQUIRED TO BE SET ASIDE FOR PRESERVATION AREAS SHALL BE PLATTED AS PRESERVE AREAS.' LAND USE SUMMARY USE PRIVATE CLUB AND PRIVATE GARAGES RADIO ROAD (SOUTH) 25 FEET LMNGSTON ROAD (WEST) 25 FEET ALL OTHER BOUNDARIES 25 FEET LAKES 20 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 THE SUM OF THE BUILDING HEIGHTS NATIVE PRESERVATION REQUIREMENT: THE EXISTING NATIVE PRESERVE AREA SHOWN IS 0.09 ACRES. THIS AREA IS PLATTED AS A PRESERVE AREA WTTHIN THE OVERALL BRLARWOOD PUD (ORD. 95-33) IN PLAT BOOK 17, PAGE 25 OF THE BRIARWOOD PLAZA PLAT PER SECTION 7.21 D OF THE BRIARWOOD PUD AREAS REQUIRED TO BE SET ASIDE FOR PRESERVATION AREAS SHALL BE PLATTED AS PRESERVE AREAS.' LAND USE SUMMARY USE ACRES % SITE WATER MANAGEMENT x 1.13 AC. 3738% PERIMETER BUFFERS 31.03 AC. 16.44% PAVEMENTISIDEWALKSIDRIVEWAYS x4.35 AC. x2737% R.O.W. EASEMENT AREA' x0.83 AC. 33.94% BUILDING FOOTPRINT AREA x 4.31 AC. 3 26.96% PRESERVE AREA x 0.09 AC. 20.38% MISC. OPEN SPACE 3 4.45 AC. x 27.83% TOTAL SITE AREA 11&99 AC. 100% SURVEY INDICATES 15.97 ACRES. THE DIFFERENCE OF 0.02 ACRES HAS BEEN IDENTIFIED AS A RIGHT -OF -WAY TAKING. THIS AREA DIFFERENCE IS CONTAINED WITHIN THE 0.63 ACRES DESIGNATED AS R.O.W. EASEMENT AREA 4 I IJ O LL 0 m p 4 W mn 2 a 3 PROPOSED BUILDING IN. FL. EL. 9.50 VARIES 3.0' CONC. GUTTER TYP. MATCH GRADES SHOWN ON PLAN -} - .... MATCH GRADES SHOWN ON PLAN 2" TYPE 3 ASPHALT PAVEMENT 1/2° ASPHALTIC EXPANSION JOINT W /SEALANT TYP. 12" STABILIZED SUBGRADE 6" MIN. LIMEROCK BASE 98% MIN. DENSITY 98% MIN. DENSITY EXTENDED 12" BEYOND B.O.C. EXTENED 6" BEYOND E_O.P TYPICAL AISLEWAY PAVEMENT SECTION i. T, S. it PROPOSED BUILDING s FIN. FL. EL. 9.50 UNIT DR VEWAYS,* 5" MIN. CONC. SLAB 0 m 3,500 PSI IN 28 DAYS ad rgg 'ig a IW 11X ? 6 3 *. 3 'r x W I BUILDING TREES BUFFER TREES (30.O.C) TYPICAL TYPED' BUFFER WOULD ONLY REQUIRE THESE TREES ADDITIONAL TREES TO ENHANCE BUFFER 8 SCREEN BUILDING PER NIM BUILDING TREES BUFFER HEDGE TO HELP IN SCREENING (not requhvd by code. taut added to sabsty NIM) Livingston & Radio Road Typical Buffer Section (Exhibit'C') i BUFFER TREES (30 O.C.-SHOWN STAGGERED) TYPICAL TYPED' BUFFER WOULD ONLY REQUIRE THESE TREES 89' T I 15.0' DETENTION AREA VARIES- LANDSCAPE LMNGSTON ,,.19C.U.E._ BUFFER ROAD R.O.W. ADDITIONAL TREES TO wt ENHANCE BUFFER 8 I U SCREEN BUILDING NI PER M PERIMETER BERM �yI TOP EL. 8.5 /� BUFFER HEDGE TO HELP IN SCREENING (not required by code, but added to Satisfy NIM) BREAK M BUFFER HEDGE FOR MORE NATURALLOOK BUILDING TREES (where bolding nalches in) 20' FIRE 4' . LANE ACCESS _ _ - WIDTH VARIES PROPOSED BUILDING F.F. EL 4.50 STABILIZED FIRE TRUCK ACCE EXISTING GRADE (TURF STONES OR SIMILAR a OWNERS OPTION) fr t�' I:eCLUfBI I.and Dee*1' 1 �MCO��O��rfe "O lyw rtnv � uM eG V!� nn"Cl/ ro 4L nO "v 'L 0 W Q) CL 00 no O Co -r C;o141-I-t y Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Eric Johnson, AICP, CFM, Principal Planner Zoning Division, Zoning Services Section From: Marcia R. Kendall, Senior Planner, and David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Date: November 4, 2015 Subject: Future Land Use Element (FLUE) Consistency Review (4`h Memo) PETITION NUMBER: PUDA- PL20150000178 (REV as received electronically 10/30/15) PETITION NAME: Briarwood PUD REQUEST: To amend the Planned Unit Development (PUD) to add Private Clubs and Private Parking Garages as permitted uses, within Tract B & C (Community Commercial), to occupy 27% of the Commercial land area (188,000 square feet footprint plus an additional 92,000 square feet of mezzanine area for a total of 280,000 square feet), and to add conditions and standards applicable to these uses. Both uses are presently allowed by conditional use — (3) Private Clubs, and (5) Commercial and private parking lots and parking garages. LOCATION: On the south side of Golden Gate canal, with frontage along the eastern side of Livingston Road and the northern side of Radio Road, in Section 31, Township 49 South, Range 26 East. The commercial tracts, consisting of 15.99± acres, are located at the northeast corner of Livingston and Radio Roads. COMPREHENSIVE PLANNING COMMENTS: The Bria wood PUD site is designated Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map (FLUM). The site is eligible for a base density of 4 dwelling units per acre (DU /A); the PUD is approved for 3.11 DU /A. The site is not eligible for commercial zoning - the uses allowed in the 15.99 -acre commercial tract are not presently allowed by the Future Land Use Map designation on the site. However, the commercial tract in the existing PUD was approved prior to the 1989 adoption of the Growth Management Plan (GMP) and has been deemed consistent via Future Land Use Element (FLUE) Policy 5.10; the site is identified on the Consistent by Policy Maps, part of the FLUM series. Accordingly, FLUE Policy 5.1 is applicable in evaluating the proposed uses /use intensity. It states, in relevant part: "Policy 5.1: Planning & Zoning Department • 2800 North Horseshoe Drive • Naples, FL 34104 •239- 252 -2400 All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: * ** * ** text break a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. * ** * ** text break e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district." FLUE Policy 5.1 contains a two -part test. Below is staff's analysis and determination of each part. Part I. Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? In comparing zoning district intensity, it is necessary to determine the lowest intensity zoning district(s) in the LDC allowing the existing uses within the PUD to the lowest intensity zoning district in the LDC allowing the proposed uses. For this petition, no new uses are being proposed, rather changed from conditional use to permitted (by right) use; therefore, the proposed zoning district (PUD amendment) is of the same zoning district intensity as the existing. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district (based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district) ? In comparing public facility impacts to determine overall intensity, it is necessary to have a comparative analysis of impacts from uses and acres /square feet allowed in the existing zoning district and the proposed zoning district upon public facilities (usually viewed as category A public facilities) - arterial and collector roads, potable water, sanitary sewer (wastewater), drainage, solid waste, and parks and recreation facilities. As is typical for a PUD allowing a variety of retail uses such as Briarwood, the representative existing use should be a shopping center (encompassing 20% of the land area in the commercial tract, per the PUD limitation). The proposed use would be the requested private club /parking garage occupying 27% of the land area in the commercial tract (188,000 s.f. building foorprint plus 92,000 s.f. mezzanine yielding a total of 280,000 s.f.). As to the proposed use, staff acknowledges the uniqueness of this use in Collier County and that our codes do not specifically list/identify /reflect this use. Therefore, it is necessary to look at other uses, alone or in combination, in effort to establish a reasonably comparable use for purposes of public facility impacts. Staff notes that the TIS refers to an equivalency of 159 townhouse units or 1,590 lodge/fraternal organization members (but uses the townhouse traffic generation as it results in the greater traffic volume), then uses a different land use equivalency for water and sewer consumption and generation (warehouse). Staff does not find it objectionable to use different land use equivalencies for different public facilities analyses. Given its uniqueness, staff also acknowledges that there are variables about the proposed use that are unknown — how often will each unit owner occupy /use the unit (daily, weekends only, weekly, monthly; year -round or seasonally), and for how long (1 hour, 4 hours, 8 hours, longer, shorter); how often will guests also occupy /use the unit, and how many guests? Finally, staff notes that the petitioner's comparative analysis is based upon the previously proposed 159 private club /garage units, not the 148 units now proposed. Therefore, where impacts upon public facilities are shown to be reduced, the reduction would actually be even greater. Finally, staff notes that FLUE Policy 5. le. does not indicate whether each of the public facility components are weighted equally or not; or whether all components must reflect a neutral outcome or reduction or a simple majority must reflect a neutral outcome or reduction or a weighted majority must reflect a neutral outcome or reduction. Staff observes that historically, transportation impacts have been of greatest concern to the County. The applicant provided Attachment E, Comparative Analysis of Public Facility Impacts, indicating the following, with staff comments in brackets: • Arterial and collector roads: the TIS shows significant reductions in weekday peak hour trip volume [Staff concurs that a reduction will occur. Calculations of TIS figures yields an approximate 44% reduction in trips during weekday AM peak hour and approximate 80% reduction in trips during weekday PM peak hour, both based on a 100,000 s.f. shopping center and on 159 private club /garage units.] • Potable water and sanitary sewer: the calculations provided show a significant reduction in water consumption and sewer generation [Staff is of the opinion that a reduction will occur. Calculations of figures provided yield an approximate 75% reduction in consumption/generation of peak daily demand, based on a 100,000 s.f. shopping center compared to a warehouse use. In an abundance of caution, staff researched other possible comparable uses and their water and sewer impacts. Though no longer in effect, and only applicable to private potable water and sanitary sewer systems, the original (1991) Collier County Land Development Code contained level of service standards by use. These included: office building — 20 gallons per day (GPD) per employee per 8 -hour shift (if assume all 148 private club /garage owners spend 8 hours in their unit each day, this would yield consumption/generation of approximately 30% of that by the 100,000 s.f shopping center); factory, exclusive of industrial waste — 20 GPD with no shower (same calculations and result as for office building); and, country club —100 GPD per resident member, 25 GPD per member present, 20 GPD per employee (given the nature of the proposed use, it seems inappropriate to apply the "per resident member" standard; if assume 25 GPD and all 148 unit owners in their unit each day, this would yield consumption/generation of approximately 37% of that by the 100,000 s.f shopping center).] • Solid waste: not quantified but assumed to be a reduction in generation [Staff is of the opinion that a reduction will occur given past experience with use comparisons. If assume a 100,000 s.f. shopping center has five medium size (20 cubic yards) dumpsters that are emptied weekly, that would yield approximately 100 cubic yards of solid waste weekly; if assume each of the 148 private club /garage owners fills a large (96 gallon) curbside waste bin weekly, that would yield approximately 70 cubic yards of solid waste weekly. Note: 1 cubic yard = approximately 202 gallons.] Planning & zoning Department 9 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 • Parks and recreation: no change /no impact [Staff concurs as existing & proposed uses are non- residential.] • Drainage: no change /no impact - the same standard for water retention exists for the site regardless of land use [Staff concurs. Additionally, staff acknowledges that the proposed 188,000 s.f. building footprint is larger than the 100,000 s.f. and 139,000 s.f. shopping center footprints included in the comparative analysis but notes that a shopping center would have far greater vehicle parking requirements; therefore, it is unknown if the amount of impervious surface would be greater, lesser or the same.] • Public schools: no change /no impact [Staff concurs as existing & proposed uses are non- residential.] Conclusion: The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. This petition may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan via Flue Policy 5.1. cc: Michael Bosi, ATCP, Director, Zoning Division Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section CD /FLUE file PUDA- PL20150000178 Bdarwood PUDA REV5A GAMES Planning Services\Consistancy Reviews1201MPUDA dw/11*15 JohnsonEric From: Fred Hood <Fred @davidsonengineering.com> Sent: Thursday, September 24, 2015 8:29 AM To: Anthony Pires Cc: JohnsonEric; Christian Andrea; Don Stevenson; Josh Fruth; Jessica Harrelson Subject: RE: Briarwood PUDA (Premier Auto Suites 2015- 09 -22) Attachments: image003.png; image004.png; 13-148-0 201 5- 09- 22a.pdt; 13 -148 - Premier Auto - Renderings 2015- 09- 22.pdf Tony, Please find attached the images that were presented yesterday. As discussed with Christian Andrea and Don Stevenson, there will be some changes to some building finishing and landscaping. Please understand that these images are still being rendered, refined and ultimately animated. I'm still compiling the remainder of the information requested, and will send you that as it becomes ready for transmittal. Thank you, Frederick E. Hood Senior Planner Fred davidsonengineerinq.com t DAVIDSON r- t- roIr�t:rRiNG www.davidsonenctineerfn_q.com Davidson Engineering, Inc. 4365 Radio Road,Suite #201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended receipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments Is prohibited. 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Gti"4.� 3 ;. .mot R.'' x`^ G aa. .. a s £ .•,+ 5'_ $ • | / t".-5.55,".--'5:4". 5 y Togit...,-; 3';5-.f.--...r.tit-,..A "..-17'..' . ...----;•-• ;.,,,,,-- ' 'A , ..,„:.„,„.,:„„,,....:4:,„:„......,. ...1,4.,.:. r.t...„-,010.:,.;„,.vti,.4.: ___„..:‘,..„,...,..,,m.4.,..„ ....„.,...,..::_„.... ....,... . . .. ,, -f - ' • " � ~ ,1:// jr 7.1';+4;t7. t I ' !� k i JohnsonEric From: Fred Hood <Fred @davidsonengineering.com> 1 Sent: Friday, September 25, 2015 3:51 PM f To: Anthony Pires i. Cc: JohnsonEric; BellowsRay; BosiMichael; 'C Lane Wood'; Tonya M. Cana; Christian Andrea; Don Stevenson; StrainMark; 'Mwerchek @comcast.net'; Josh Fruth; Jessica Harrelson Subject: RE: Briarwood PUDA (Premier Auto Suites) _. d E { Tony, t As requested, please find below a link to the Garage Town files we have received. Using this link,you can download the files that we have compiled.As a reminder,this is the commercial private garage development located in Chandler,AZ t: that we discussed at the ARC meeting with Briarwood on September 23rd. t t https://secure.logmein.com/f?00 TKIWVk9A7x8c8m38toClz7ghkrE81bH0r8B9nUWZ i Thanks, Frederick E.Hood x Senior Planner T FredPdavidsonengineerinq.com 1 a DAVIbSON trntc,1 fa FER fNG www.davidsonenqineerinq.com I Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 1 Phone 239.434.6060 Fax 239.434.6084 ] z Disclaimer:This e-mail,along with any files transmitted with it,Is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. i r' 1 s From:Anthony Pires [mailto:APires @wpl-legal.com] T Sent:Thursday,September 24,2015 8:33 AM To: Fred Hood<Fred @davidsonengineering.com> Cc:JohnsonEric<EricJohnson @coiliergov.net>;Christian Andrea<christian @aldinc.net>;Don Stevenson . <don @donstevensondesign.com>;Josh Fruth<Josh @davidsonengineering.com>;Jessica Harrelson h <Jessica @davidsonengineering.com>; 'C Lane Wood'<lane @swbcl.com> Subject:RE:Briarwood PUDA(Premier Auto Suites 2015-09-22) i { Thank you Fred. Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A. r 3200 North Tamiami Trail 1 i } Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax api res(a�wpl-lea al.com Firm Website:www.wpl-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error; any review, dissemination,distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. From: Fred Hood [mailto:Fred@ davidsonengineering.coml Sent:Thursday,September 24,2015 8:29 AM To:Anthony Pires Cc:JohnsonEric;Christian Andrea; Don Stevenson;Josh Fruth;Jessica Harrelson Subject:RE: Briarwood PUDA(Premier Auto Suites 2015-09-22) Tony, Please find attached the images that were presented yesterday.As discussed with Christian Andrea and Don Stevenson, is there will be some changes to some building finishing and landscaping. Please understand that these images are still being rendered,refined and ultimately animated. I'm still compiling the remainder of the information requested,and will send you that as it becomes ready for transmittal. Thank you, Frederick E.Hood Senior Planner FredOdavidsonengineerinq.com DAVIDSON www.davidsonenalneerinq.com Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer:This e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this a-mall or attachments is prohibited. 2 I I Z JohnsonEric i ■ g From: Fred Hood <Fred @davidsonengineering.com> Sent: Thursday, October 01, 2015 3:20 PM To: JohnsonEric Subject: RE: Premier Auto Suites (average size) 1 Eric, The average size is 1,250 SF. Units come in the following sizes: i 1 - 25x40 1 - 25x50 - 25x60 f I I Thanks, `"i I Frederick E.Hood Senior Planner t Fredcdavidsonenaineerinq.com i g „or , _ __ i DAVIDSON g F NG1NXC??t41,1G 4 i www.davidsonengineerinq.com Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 1 Disclaimer:This e-mail,along with any files transmitted with It,is for the sole use of the intended receipient(s). Any unauthorized review, i use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited, f t , From:JohnsonEric[mailto:Ericlohnson @colliergov.net] _, Sent:Thursday,October 01,2015 3:13 PM w To:Fred Hood<Fred @davidsonengineering.com> Subject:Premier Auto Suites(average size) i Fred, G It What would be the average size of a unit? ) 1 Respectfully, ( Eric L.Johnson,AICP,CFM I Principal Planner Growth Management Department-Planning&Regulation l Zoning Division-Zoning Services Section 1 1 1 s 1 i i 3 1 JohnsonEric From: Fred Hood<Fred @davidsonengineering.com> Sent: Monday, October 26, 2015 8:01 AM To: JohnsonEric Cc: AshtonHeidi; StoneScott; WalshJonathan; BellowsRay; MastrobertoThomas;Josh Fruth; Jessica Harrelson Subject: RE: Premier Auto: FBC and Fire Issues2 Eric, Your concerns are noted.Although I'm not sure if your external design concern is especially warranted being that you're assuming there would be external building augmentation. In either the case of external or internal is equipment placement, this is a matter to be reviewed at the SDP.The level of detail being requested at this stage,currently,is more than we'd ever place on a PUD master plan.While I can appreciate your sensitivity to these evolving issues, additional equipment placement and design is not a matter we should be addressing at the zoning level. As far as minor maintenance, as discussed previously, oil changes and the like are considered routine and minor.Anything rising to the level of requiring power tools i.e.full engine overhaul will be prohibited. Furthermore,the PUD allowance for minor maintenance to be conducted in each unit with the doors closed is not uncommon. It is common for individuals to maintain their vehicles in residential communities with the garage door closed. Once maintenance is complete and a "check" on work is performed,the typical individual will open the door to avoid carbon monoxide poisoning when the vehicle or vessel is started. Again,I appreciate the sensitivity to issues like these,but writing in common sense measures into PUD documents are not only redundant,but unnecessary. Thank you, Frederick E.Hood Senior Planner Fred@davidsonengineering.com www.davidsonengineering.com Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples,FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This e-mail, along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review,use,retention,disclosure, dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. Original Message i • From:JohnsonEric [mailto:EricJohnson @colliergov.net] Sent: Thursday, October 22,2015 9:27 AM To: Fred Hood<Fred @davidsonengineering.com> Cc: AshtonHeidi<HeidiAshton @colliergov.net>;StoneScott<ScottStone @colliergov.net>;WalshJonathan <JonathanWalsh @colliergov.net>;BellowsRay<Ray Bellows @colliergov.net>;MastrobertoThomas <ThomasMastroberto @ colliergov.net> Subject: RE: Premier Auto: FBC and Fire Issues2 Good morning,Fred. This is good dialogue between you,Zoning,and life safety staff. My goal is to address all the loose ends and have everything be sufficiently addressed in either the PUD Document,property owner association rules,or both. The reason I care about minor and routine vehicle maintenance is because additional compressors for ventilation could have implications on exterior design. As we proceed with your petition,I want to get your feedback of what your expectations are with regards to minor and routine vehicle maintenance. What do you consider to be minor and routine vehicle maintenance? Eric Johnson Principal Planner Original Message From:WalshJonathan Sent:Wednesday,October 21, 2015 12:10 AM To: Fred Hood<Fred @davidsonengineering.com>;MastrobertoThomas<ThomasMastroberto @ colliergov.net> Cc: AshtonHeidi<HeidiAshton @colliergov.net>;StoneScott<ScottStone @colliergov.net>;JohnsonEric <EricJohnson @ colliergov.net> Subject: RE: Premier Auto: FBC and Fire Issues Fred, The notations are not affected by the building per say and this is a question for what is desired. However ventilation requirements may be of concern if the vehicle is running in an enclosed space.I believe the intent is to allow some oil changes(?), air filter,wipers, spark plugs,maybe tires/rims but not a new engine or exhaust system or body work. If a homeowner conducted these operations within their dwelling unit's garage no one would probably have an issue but this is a commercial space where multiple tenants could be affected; not saying the concerns couldn't be addressed but would stronger language be warranted to keep things controlled with the intent of the development? Currently I have no "dog in the fight" as building and fire codes can be applied as needed. Jon Original Message From: Fred Hood[mailto:Fred @davidsonengineering.coml Sent:Friday,October 16,2015 1:08 PM To:WalshJonathan<JonathanWalsh @colliergov.net> Cc: AshtonHeidi<HeidiAshton @colliergov.net>; StoneScott<ScottStone @colliergov.net>;JohnsonEric <F.ricJohnson @colliergov.net> Subject: RE:Premier Auto: FBC and Fire Issues 2 Sure thing. I think that may be the html to txt conversion.Try this... G.No vehicle repair or detailing outside of individual units or in the common areas of the development is permitted. H.Minor and routine vehicle maintenance is allowed within each unit by the unit owner.All doors of individual i units shall remain closed when maintenance occurs. F Thanks, Frederick E. Hood 1 Senior Planner Fred @ davidsonengineering.com www.davidsonengineering.com Davidson Engineering,Inc. 1 4365 Radio Road,Suite#201 Naples,FL 34104 Phone 239.434.6060 Fax 239.434.6084 s M Disclaimer: This e-mail, along with any files transmitted with it,is for the sole use of the intended t receipient(s). Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. A' I: I' Original Message From:WalshJonathan[mailto:JonathanWalsh @colliergov.net] Sent: Friday,October 16,2015 1:06 PM ii To: Fred Hood<Fred @davidsonengineering.com> Cc: AshtonHeidi<HeidiAshton @colliergov.net>;StoneScott<ScottStone @colliergov.net>;JohnsonEric <EricJohnson @ colliergov.net> Subject: Re: Premier Auto: FBC and Fire Issues Fred can you reformat I get one letter per line reading it on my phone Thanks 1 Sent from my iPhone On Oct 16,2015, at 12:57 PM,Fred Hood f <Fred @davidsonengineering.com<mailto:Fred @davidsonengineering.com>>wrote: A Jon, Would you please confirm that the following language is acceptable or not for addition to the proposed PUDA document from a building code perspective?: G. No vehicle repair or detailing outside of individual units or in the common areas of the development is permitted. 3 , i 3 H. Minor and routine vehicle maintenance is allowed within each unit by the unit owner. All doors of individual units shall remain closed when maintenance occurs. Thanks, Frederick E. Hood Senior Planner Fred @ davidsonengineering.com<mailto:Fred @ davidsonengineering.com> <image00l.jpg> www.davidsonengineering.com<http://www.davidsonengineering.com/> 3. Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples,FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer:This e-mail, along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e- mail or attachments is prohibited. t Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. ti fi { 4 JohnsonEric From: Fred Hood <Fred@davidsonengineering.com> Sent: Tuesday, October 27, 2015 6:17 PM To: JohnsonEric Cc: Bellows Ray Subject: Re: Video you requested (Premier Auto Suites) r i i. Eric, i Per the courtesy NIM we held recently,the developer indicated that we did not anticipate any special events.If they were to be considered later,they would fall under the discretion of a special permit for events. At this time with this developer,no events are being contemplated. Sent from my iPhone >On Oct 27, 2015, at 5:54 PM,JohnsonEric<EricJohnson @colliergov.net>wrote: > >Fred, > > How many annual special events do you anticipate? > >Eric Johnson >Principal Planner > Original Message >From: Fred Hood [mailto:Fred @davidsonengineering.com) } >Sent: Monday, October 26, 2015 8:12 AM >To: JohnsonEric<EricJohnson @colliergov.net> >Subject: RE: Video you requested > >Eric, > >Thank you for forwarding this along.Was there a specific reason this was being forwarded to you? >Thanks, >Frederick E. Hood >Senior Planner >Fred @davidsonengineering.com > > >www.davidsonengineering.com >Davidson Engineering,Inc. >4365 Radio Road,Suite#201>Naples,FL 34104 >Phone 239.434.6060 1 >Fax 239.434.6084 >Disclaimer: This e-mail, along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review,use,retention, disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. > > > Original Message >From: JohnsonEric [mailto:EricJohnson @colliergov.net] >Sent: Thursday,October 22, 2015 12:10 PM >To: Fred Hood<Fred @davidsonengineering.com>;Anthony Pires<APires @wpl-legal.com> >Subject: FW: Video you requested >FYI > >Eric Johnson >Principal Planner Y > > Original Message >From: JohnsonEric > Sent: Monday, October 19,2015 2:54 PM >To: 'Kim Bennett'<cnevacation @aol.com> >Subject: RE: Video you requested k > - >Thanks,Kim. I forwarded this video to my boss. > >Eric Johnson >Principal Planner x > > Original Message >From: Kim Bennett[mailto:cnevacation @aol.com] i >Sent:Wednesday,October 14,2015 12:59 PM >To: JohnsonEric<EricJohnson @colliergov.net> >Subject:Video you requested > z >Dear Eric, >Please see link below to the video we were talking about on man caves. http://link.brightcove.com/services/player/bcpid35036491001?bckey=AQ----,AAAACC6OgzE--,LObTvfk9n161 rxAUbRKUHVmDGRB SHx-N&bctid=958137284001 > > >Kim Bennett >CNEvacationRental.com >239-455-8335 >Sent from my iPhone > > 2 JohnsonEric From: Fred Hood <Fred@davidsonengineering.com> Sent: Tuesday, November 03, 2015 5:29 PM To: JohnsonEric Cc: BosiMichael; McLeanMatthew; BellowsRay Subject: Re: Premier Auto Suites (Final corrections - Oct 30 version)4 Attachments: image002.jpg; image003.png Understood Eric.We have been planning on this for sometime. Thank you, Sent from my iPhone On Nov 3,2015,at 4:31 PM,JohnsonEric<Ericlohnson @colliergov.net>wrote: Fred, Just so we're clear on everything,if the project gets approved,the proposed use is to be treated as a commercial development from the architectural review perspective. The Development Review staff wanted me to pass that along to you so you can prepare your SDP accordingly. Thanks! Eric Johnson Principal Planner From:McLeanMatthew Sent:Tuesday,November 03,2015 2:59 PM To:JohnsonEric<EricJohnsont?«colliergov.net>;BellowsRay<RayBellows @calliergov.net> Cc:BosiMichael<MichaelBosi @colliergov.net> Subject:RE: Premier Auto Suites(Final corrections-Oct 30 version)3 Thanks—please make sure that this is clear to the applicant. Matt From:JohnsonEric Sent:Tuesday, November 03,2015 2:19 PM To: BellowsRay<RayBellows @colliergov.net>;McLeanMatthew<MatthewMcLean @colliergov.net> Cc: BosiMichael<MichaelBosi @colliergov.net> Subject:RE:Premier Auto Suites(Final corrections-Oct 30 version)3 Thanks,Ray. Eric Johnson Principal Planner From: BellowsRay Sent:Tuesday,November 03,2015 2:05 PM To:JohnsonEric<Ericlohnson@colliergov.net> i 1 Cc: BosiMichael<MichaelBosi @colliergov.net> Subject: RE:Premier Auto Suites(Final corrections-Oct 30 version)2 Correct, the subject building is for a "private club/Man-cave" use and is not deemed to be a commercial storage facility and it is not intended to primarily be used as a garage. Therefore, the proposed use is to be treated (from the Architectural Review perspective) as a commercial building and not as self- storage facility or as a parking garage. Ra. '€ Raymond V. Bellows,Zoning Manager Zoning Division-Zoning Services Section Growth Management Department—Planning &Regulation Telephone:239.252.2463; Fax:239.252.6350 <image00l.jpg> From:JohnsonEric Sent:Tuesday, November 03, 2015 12:56 PM To: BellowsRay Subject: FW: Premier Auto Suites(Final corrections-Oct 30 version)2 ) i Ray, Matt needs confirmation that Premier Auto Suites will not be treated as self-storage. I can do that...but he also asks about the parking garage. I'm not sure how to address this as it relates to exterior design implications if considered a private parking garage,as advertised. What are your thoughts? Eric Johnson Principal Planner is From:McLeanMatthew Sent:Monday, November 02,2015 9:09 AM To:JohnsonEric<EricJohnson @colliergov.net> Subject: RE:Premier Auto Suites(Final corrections-Oct 30 version) Eric, From the Architectural Review perspective reference is made that the buildings will comply with the commercial standards of 5.05.08 Architectural and Site Design standards. I see that the use is now going to be considered private garages/private club. I just need clarification for the purposes of SDP architectural review the building will not be treated as self-storage or as a parking garage. Rest is ok t from Architectural front. Co__Wirr Comity { Matt McLean, P.E. Principal Project Manager 2 Collier County Growth Management Department Development Review Division-Manager 2800 N.Horseshoe Drive Naples,FL 34104 Phone:239-252-8279 Fax:239-252-6945 From:JohnsonEric Sent: Friday,October 30,2015 2:46 PM To:StoneScott<ScottStone @colliergov.net>;CrotteauKathynell<KathvnellCrotteau @colliergov.net>; McLeanMatthew<MatthewMcLean(E colliergov.net>;WeeksDavid<DavidWeeks@colliergov.net>; KurtzGerald<GeraldKurtz @colliergov.net>;GosselinLiz<LizGosselin @colliergov.net>;VanLengenKris <KrisVanLengen @colliergov.net>;LenbergerSteve<SteveLenberger@colliergov.net>; MastrobertoThomas<ThomasMastroberto @colliergov.net>;OcheltreeMariam <MariamOcheltree @colliergov.net>;SmithDaniel<DanielSmith @colliergov.net>;SawyerMichael <MichaelSawver @coliiergov.net> Cc:AshtonHeidi<HeidiAshton@coliiergov.net>;BellowsRay<RayBellows @colliergov.net>; PajerCraig <CraigPaler @colliergov.net>;MartinezOscar<OscarMartinez @colliergov.net>;BrethauerPaula <PaulaBrethauer @colliergov.net> e x Subject:Premier Auto Suites(Final corrections-Oct 30 version) Team, This came to me today,and this will be the version that will be sent to the CCPC on November 19. Please respond to my previous email(asking you to reply back to me with your final approval or rejection/comments)using this version. Please respond back to me by Wednesday „: (November 4). Thank you! s Respectfully, f 1 Eric L.Johnson,MCP,CFM Principal Planner Growth Management Department-Planning&Regulation } Zoning Division-Zoning Services Section 2800 North Horseshoe Drive Naples,FL 34104 phone:239-252-2931 fax:239-252-6503 LEER GREEN ASSOCIATE <image004.png> ( ( i 3 i ] JohnsonEric From: Fred Hood Fred @davidsonengineering.com> Sent: Friday, November 06, 2015 9:32 AM To: JohnsonEric Cc: BellowsRay; StoneScott; AshtonHeidi I. Subject: RE: Premier Auto Suites (Wall/berm combination)3 Attachments: 2015-11-06 PAS PUDA - Attachment A - (Deviation and Justification I Summary).pdf; 2015-11-06 PAS PUDA- Attachment A - (Deviation i Request).pdf Eric, 1 Per our email correspondence last night,the attached deviation request and justification has been revised to reflect: A deviation from LDC Section 5.03.02 F.1.a&b which require that the height of a fence or wall shall be measured from the ground level at the fence or wall location,to instead permit the developer to provide the proposed eight(8)foot wall at the top of berm adjacent to existing residential homes within the Briarwood PUD where the top of the wall shall not exceed eleven (11)feet above existing grade. The alternative wall location shall accompany SDP construction drawings for review and approval. i Thanks, E Frederick E.Hood E Senior Planner 1 Fred@davidsonengineerinq.com, il DAVIDSON www.davidsonenaineerina.com Davidson Engineering,Inc. 4365 Radio Road,Suite#201 _ Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 i Disclaimer:This e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. i i i From:JohnsonEric[mailto:EricJohnson @colliergov.net] Sent:Thursday, November 05,2015 5:28 PM To:Fred Hood<Fred @davidsonengineering.com> Cc:BellowsRay<RayBellows @co[liergov.net>;StoneScott<ScottStone @colliergov.net>;AshtonHeidi 4 <HeidiAshton @colliergov.net> I Subject: RE: Premier Auto Suites(Wall/berm combination)3 Fred, 1 That works for me. We don't have any idea what this masonry wall will look like. Do you have any suggestions to address the concern of its appearance? Eric Johnson Principal Planner From: Fred Hood [mailto:Fred @davidsonengineering.com] (! Sent:Thursday, November 05,2015 5:07 PM To:JohnsonEric<EricJohnson(a colliergov.net> Cc:BellowsRay<RavBellows @colliergov.net>;StoneScott<ScottStone@colliergov.net>;AshtonHeidi <HeidiAshton@colliergov.net> Subject:Re: Premier Auto Suites(Wall/berm combination)2 Another way it could be written is"top of wall shall be no higher than 11'above existing adjacent grade." Sent from my iPhone On Nov 5,2015,at 4:58 PM,Fred Hood<Fred @davidsonengineering.com>wrote: Existing grade on the residential side of the property line is 7'.The berm slopes up to 8.6'(another 1.6 feet).Once the wall is placed on top of the berm,it will be 9.6'above the existing grade. Sent from my iPhone On Nov 5,2015,at 4:53 PM,JohnsonEric<EricJohnson@colliergov.net>wrote: Fred, Is my understanding correct that if I'm standing on the abutting residential property,the berm/wall combination on Premier Auto Suites' property will be 16.6 feet higher in elevation(at the shared property line)? Eric Johnson Principal Planner From:Fred Hood(mailto:Fred@davidsonengineering.com,] Sent:Thursday,November 05,2015 4:48 PM To:JohnsonEric<EricJohnson@colliergov.net> Cc: BellowsRay<RavBellows @colliergov.net>;StoneScott<ScottStone(acolliergov.net>; AshtonHeidi<HeidiAshton @colliergov.net> Subject Re: Premier Auto Suites(Wall/berm combination) Been is 1.6'.Height of berm is 8.6'.Wall+berm =16.6'.The maximum of 18'is predicated on the not a exceed height in case during the SDP the berm has to be redesigned.We are proposing this because the SDP has been put on hold until the PUDA is finished. Providing a cross section of a concept now is ill advised. Sent from my iPhone 2 1 On Nov 5,2015,at 4:43 PM,JohnsonEric<EricJohnson@colliergov.net>wrote: Fred, What is the height of the berm? You should provide a cross-section since the combined height of the wall/berm(up to 18 feet)appears to be excessive and difficult for staff to support. Eric Johnson Principal Planner From: Fred Hood[mailto:Fred@davidsonengineering.com) Sent:Thursday,November 05,2015 3:43 PM To:JohnsonEric<EricJohnson(7a colliergov.net> Subject:RE:Premier Auto Suites(Wall/berm combination) That is correct.the elevation is for the Livingston and Radio corridors; ( not the abutting residential. ( Frederick E.Hood Senior Planner FredPdavidsonenctlneerinci.com <image001.jpg> www.davidsonengineerinq.com Davidson Engineering, Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 3. Disclaimer:This e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review,use,retention,disclosure, dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. From:JohnsonEric[mail to:EricJohnson@lcolliergov.net( Sent:Thursday,November 05,2015 3:26 PM To:Fred Hood<Fred@davidsonengineering.com> Subject:Premier Auto Suites(Wall/berm combination) Fred, As far as I'm aware,the only drawing that you provide showing the wall is its location on the conceptual master plan,correct? The buffer wall isn't shown on the elevation drawing,is it? Respectfully, Eric L.Johnson,AICP,CFM Principal Planner Growth Management Department-Planning&Regulation 3 JohnsonEric From: Anthony Pires <APires @wpi-legal.com> Sent: Wednesday, August 12, 2015 3:33 PM To: StrainMark Cc: JohnsonEric; BellowsRay; BosiMichael; StoneScott; WilkisonDavid Subject: REQUEST TO CONTINUE PUDA-PL 20150000178; BRIARWOOD PUD (PREMIER AUTO SUITES) Attachments: CCPC CONT. REQ. 8.12.2015.pdf Please see the attached on behalf of the Briarwood Property Owners Association, Inc. Anthony P. Pires,Jr. Woodward, Pires &Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wol-legal.com Firm Website:www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination,distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. ga 1 MN WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW August 12, 2015 CRAIG R WOODWARD Bond Certified Real Error Mark Strain, Chairman } MARK J. WOODWRD BoadOvacci:Rol E4'2,e Collier County Planning Commission Via Email ANTHONY P.PIRES.JR Collier County Growth Management Department Bead C ' 2800 North Horseshoe Drive and Local Government ; Naples, Florida 34104 (.CHRISTOPHER LOMBARDO p Board Ca66cd:Marital andFamlyL" Re: Petition PUDA-PL 20150000178; Briarwood PUD (Premier Auto Suites) ROBERT E.MURRELL ors Dear Mr. Strain: DAVID E.LEIGH °`C°"9`' This law firm represents the Briarwood Property Owner's Association, i Inc. ("BPOA") in the above matter. The Briarwood community is a well JENNIFER.L DOMES established residential community with 450 existing single family dwellings JENNIFER M.TENNEY and 135 existing multi-family dwelling units. None of the BPOA's rights, LENORE T. BRAKEFIELD concerns or objections concerning this application are waived by anything MATTHEW?FLORES stated herein or omitted herefrom and we reserve the right to present, make and submit additional arguments and materials before the Planning J.TODD MURRELL -- Commission ("CCPC") and the Board of Collier County Commissioners I ("BCC"). The BPOA opposes and objects to the substantially amended and revised submittal(Revision#4)to Collier County that was only recently made, believed to be on July 13, 2015, The BPOA has substantive and procedural objections, issues and concerns regarding this petition and the proposed new uses and increase in floor area for the new uses. The proposed new uses and increase in floor area for the new uses are not appropriate for the Briarwood PUD, nor the Briarwood community and the PUD amendments should be denied. The proposed new uses belong in an industrial park or AE PLY TO; business park and not in the Briarwood community. I 3200 TAMtAMI TRAIL N. SUITE 200 THIS PETITION SHOULD BE CONTINUED NAPLES.FL 34103 239-649-6555 239-649-7342 FAX As explained further below,the BPOA objects to the CCPC conducting 0 605 BALD EAGLE DRIVE a hearing on this petition on August 20, 2015 and requests that this petition SuIrE 500 P.O.BOX ONE be continued for at least one month in order to:A. have the applicant conduct MARCO IS`"23°39 161 a Neighborhood Information Meeting ("NW") on the substantially amended 239-642.6402 FAX and revised submittal; and, B. provide the Briarwood community the ability to WWW.WPL—LEGAL.COM fully and adequately prepare for and participate in a hearing where the applicant is requesting new and more intense incompatible uses. 1 l 5 If this item is not continued, while reserving all rights objections, we will be appearing at the currently scheduled August 20, 2015 CCPC hearing and will be making additional submittals. None of the BPOA's rights, concerns or objections concerning this application are or will be waived if it is necessary to appear on August 20, 2015. A NUM needs to be held on this substantially revised submittal. A side by side comparison of the March 30, 2014 notice for the April 14,2015 NIM with the July 31, 2015 I notice for the August 20, 2015 CCPC hearing shows the significant changes in the nature l and contents of the petition. Copies of these two notices are attached as Exhibit"A". Thus, this matter should be continued for at least one month so that a NIM on the current petition request can conducted. 1 The applicant or his agent, while very aware of the Briarwood community's { concerns about this project, did not communicate or provide its substantially revised 1. application to me, the BPOA or the Briarwood residents. Further, despite status update #' inquiries of County staff beginning July 18,2015,the August 20, 2015 CCPC hearing date 1 was neither provided to nor known to me, my client (the BPOA), nor the residents of Briarwood, until the legal ad of July 31, 2015. It is disconcerting and a disservice to the residents and property owners in F Briarwood and Collier County, that while I was making status update queries beginning July 18, 2015, one day earlier, on July 17, 2015, County staff made a decision to place 1 this petition on the August 20, 2015 CCPC agenda. Knowing of my interest, County staff, while notifying the applicant of the hearing date, failed to advise me, the BPOA or the Briarwood residents that this application would be heard on August 20, 2015 (See attached emails, Exhibit"B"). } d As a result, as noted above, it is respectfully requested that this matter be continued for at least one month. We would hope that the applicant would concur in this request, to obviate the need for appearances on August 20, 2015. If this petition is not continued from the currently scheduled August 20, 2015 i_ hearing date, we respectfully request that the petition be denied. Out of an abundance of _ caution, in the next few days, until and unless we are assured that this hearing will be continued, we will be submitting additional materials relating the concerns, issues and objections of BPOA. V - - k n a Ail ,. er,w, AliMrd --------- - N E.. ft ire: Jr. Enclosures Cc w end: Eric Johnson Ray Bellows Mike Bosi David Wilkinson Scott Stone 2 1 I e C : m i 3: • t p i s gg� •••'-.-17.-id r.....7. 276 6"-S4 ? n.., tL gsr xg m Q aU • ays 4ranovum 0 5.r z °' oo it 1! 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L-g3•Z e c :�$:$ ,.: ., r t9::' a,n'cj r311: x w c 0 N C11 I x .-7O J 1 m� £ c ,•4 v�° m �.C TC_c,v $ Euro o Od'fYd'(actlaLaDd � � m W F.�an N , rmA •MVO ". u z F� ,. . �v.aaal ma__ 02 il Antho Pires From Fred Hood <Fred @davidsonengineeriing.cor > Sent Thursday,July 16, 2015 10:13 AM { To • JohnsonEric Cc: RodriguezWanda Subject RE: PUDA-P120150000178 Briarwood PUD(Premier Auto Suites) Attachments: 2015-07-09 PAS PUDA-Attachment A- (Deviation Request).doc;2015-07-09 PAS PUDA- Briarwood PUD List of Exhibits(clean).docx;2015-07-09 PAS PUDA-Briarwood PUD Sec 8(clean).docx;2015-07-09 PAS PUDA-Briarwood PUD Sec 8(stu).docx; 2015-05-21 PAS PUDA- Briarwood PUD Sec 6.2.A(clean).docx;2015-05-21 PAS PUDA- 3 Briarwood PUD Sec 6.2.A(stu).docx;2015-06-11 PAS PUDA-Briarwood PUD Sec 6.3 (clean).docx;2015-06-11 PAS PUDA-Briarwood PUD Sec 6.3(stu).docx;2015-07-09 PAS PUDA-PUD Sec 7(clean).docx;2015-07-09 PAS PUDA-PUD Sec 7(stu).docx; 2015-07-09 PAS PUDA- Briarwood PUD List of Exhibits(stu).docx Eric, x • Certainly. Please find them attached. Thanks, Frederick E.Hood Senior Planner Fred( davidsonengineering.com DAVIDSON • ENGINEER NG www.davidsonengineerine.com Davidson Engineering, Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 - Fax 239.434.6084 Disclaimer:This e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. From:JohnsonEric[mailto:EricJohnson@colliergov.net] Sent:Thursday,July 16,2015 9:51 AM To:Fred Hood Cc:RodriguezWanda Subject:FW:PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Fred, Do you have a Word version of the PUD Document(s)? EXHIBIT I } he, I i f 1 i Eric Johnson / i Principal Planner t From: RodriguezWanda Sent:Thursday,July 16,2015 9:48 AM To:JohnsonEric Cc: StoneScott I Subject: re: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) rt Eric, 1 i Please forward current version of the PUDA to me in Word. Thanks, 1 1 Wanda ltailguez, .51C1' Advanced CertrfiedTararegal i Office of the County Attorney (239)252-8400 1 . 1 i x From lohnsonErk Sent.Thursday,lily 16, 2015 9:25 AM . ... . .F TO:.SrnithDaniel; StoneScott;Ashtonkieldi; MoxamAnnis Cc BellowsRay; BosiMichael; StrainMark . .' . Subject !UM-N.20150000178 Brien4oOd PUD(Premier Auto Suites) . . . _ Good morning! Just wanted to remind everyone that we are anticipate this petition to be reviewed by the CCPC at their August 20 meeting. Thanks! - . , Respectfully, Eric L Johnson,AICP,CFM Principal Planner Growth Management Department-Planning.&Regulation Zoning Division-Zoning Services Section 2800 North Horseshoe Drive Naples,FL 34104 hone 239-252-2931 phone:- • ,.' fax:239-252-6503 i - I LEED . i GREE * er Ccnotty ASSOCIATE N 1 3 I a •••=1•1•111■11101.11116. Under Florida Law,e-mail addresses are public records If you do not want your e-mail address released in response to a public records request,do not send electronic mall to this entity instead contact this office by telephone or In writing ; 2 t Anthony Pires t From JohnsonEric To: BosiMichael. Cr, Bellow;Ray;StramMark .. . .. . Subject:• RE PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites)3 Okay,.I'll schedule it for the 8/20 CCPC..Thanksl . : . Eric Johnson Principal Planner From: BoslMlchael Sent:Thursday,July 16,2015 10:35 AM To:JohnsonEric Cc: BellowsRay; Strain Mark Subject: RE: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites)2 Eric,Spoke with Mark and.he's ok with the add on,but it will be after the sidewalk discussion. From:JohnsonEric Sent:Thursday,July 16, 2015 10:22 AM To: BosiMichael Cc: BellowsRay Subject: FIN: PUDA-PL20150000178 Briarwood PUD(Premier:Auto Suites)2 • is Mike, Is it okay to schedule land use petitions for the 8/20 CCPC meeting?,If not,we can schedule this item to the Sep 3 CCPC, but Ray says that scheduling it that late would be cutting it close for the ultimate approval by the BCC on September 22. I'm not sure how the timing works yet,but I'm fine with whatever you think is best. Thanks! Eric Johnson Principal Planner From: BellowsRay Sent:Thursday,July 16,2015 10:18 AM To:JohnsonEric Cc: BosiMichael Subject: RE: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Hi Eric, I believe that the CCPC wilt be holding a workshop on 8/20. Please check with Mike to see if it is okay to schedule land use petitions for the 8/20 CCPC meeting. ,"day Raymond V. Bellows, Zoning Manager Zoning Division Zoning Services Section Growth Management Department Planning &Regulation Telephone:239.252.2463; Fax:239.252.6350 1 • • Co er C°74140 ty From:JohnsonEric Sent:Thursday,July 16, 2015 9:25 AM To SmithDaniel; StoneScott;AshtonHeidi; MoxamAnnis Cc: BeilowsRay; BosiMichael; StrainMark Subject: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Good morning! Just wanted to remind everyone that we are anticipate this petition to be reviewed by the CCPC at their August 20 meeting. Thanks! Respectfully, Eric L Johnson,AICP,CFM Principal Planner Growth Management Department-Planning&Regulation Zoning Division-Zoning Services Section 2800 North Horseshoe Drive Naples,FL 34104 phone:239-252-2931 • fax:239-252-6503 LEED GREEN co er county ASSOCIATE • Under Florida Law e-mail addresses are public records If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity Instead,contact this office by telephone or in writing 2 '-: Anthony Pires 1 .. ., . f t From: : *:::. ' Johnson Eric . • . Sent i .. ... ' ' :: ' '. • -Friday,July 17,2015 207 PM t To: — StoneScott t 1 Cc: BeasleyRachel Subject: PUDA-PL20150000178 Briarwood PUDA(Premier Auto Suites)Title 7 17 15 i Attachments: Title 7_17_15.doc i I i. Scott- Thank you.- 1 Rachel -The attached is the petition known as"The Man Cave," It is scheduled for the CCPC on 8/20, 'Thanks! ,i Eric Johnson Principal Planner ,q __. ii From: StoneScott Sent: Friday, July 17,2015 2:05 PM • ,3 I To:JohnsonEric Subject: Briarwood PUDA title I've revised the title.See attached. ii ,i p Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239)252-5740 • . • • 15 • , !I Under Florida Law,e-mail addresses are public records.It you do not wars your e-mail address released in response to a public records request do nol send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1 I . 1 1 1 1 i i 1 1 i I 1 TITLE An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as amended,to add upscale storage facilities as a principal use in Tracts B & C: Community Commercial,to add accessory uses associated with upscale storage facilities as an accessory use in Tracts B & C: Community Commercial, to add minimum standards for upscale storage facilities, to increase the maximum floor area for upscale storage facilities in Tracts B 1 & C: Community Commercial from 20% of the commercial land area to 40% of the commercial land area, to add a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio F Road, and to allow architectural review of properties without recorded covenants or deed restrictions to be regulated by architectural review standards of the Land Development Code at the time of Site Development Plan or Plat approval, for the PUD property consisting of 209.17± acres located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. j 11} [15-CPS-01425/1174678/11 7/17/15 Fg g sr • I I Anthony Pires From JohnsonEric• Sent Tuesday,July 21,.2015159 PM To , ..,.. Anthony Pires I, Cc BellowsRay Subject: RE:PL20150000178 Project Name Premier Auto Suites4 i Tony, The applicant still needs to address staff's comments. 1 Eric Johnson t Principal Planner i From.Anthony.Pires[rnailto:APlres @)wpl-Iegal.corn] Sent:Tuesday,July 21,2015 12:45 PM`' : i I To .]ohnsonEric. -:' i Cc: BellowsRay [ Subject:RE: P120150000178 Project Name: Premier Auto Suites3 l 1 Eric, are there any other pending or upcoming matters concerning this application'? f Thanks i Tony l Anthony P. Pires, Jr. j Woodward,Pires &Lombardo, P.A, j 3200 North Tamiami Trail .. 1 Suite 200 1 Naples, Florida 34103 rt. 239-649-6555 Phone 239-649-7342 Fax aoires@wpl-Ieoal.con I Alf . -'41,c@e-1.0. f pow f LAtk > Firm Website:wvov.wol-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited.If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments, From:JohnsonEric[mailto:Ericlohnson ii colliergov.net] Sent:Tuesday,July 21,2015 10:24 AM To:Anthony Pires [ Cc:BellowsRay i Subject:RE:P120150000178 Project Name:Premier Auto Suites3 I 1 i I. 3 ii i 1. i a I Mr.Pires, i Is there anything specific of which your client(s)object(s)? i Respectfully, :1 i Eric Johnson Principal Planner I From:Anthony Pires[mailto:APiresOwpl-legal.com1 Sent: Monday,July 20,2015 7:26 PM i To:JohnsonEric Cc: BeliowsRay Subject: Re: P120150000178 Project Name: Premier Auto Suites2 1 Thanks for the reply email Eric. I don't represent the applicant. I represent the property owners association 1 that objects to the application. I I Sent from my iPhone z t On Jul 20 •2015,at 5:45 PM, "JohnsonEric"<EricJohnsonC coliieroov.net>wrote: Hello,Mr.Piro. k I just wanted to give you an update. .I hope to complete my review.(Zoning)of your application. a tomorrows but regardlless,I think the County Attorney Office still had some que&tionslcomments that need to be addressed. I will be.emailing you tomorrow.. Thank.you for your patience.: l • Respectfully; 1 Eric Johnson Principal Planner i From Anthony Pires jmailto:APires@wgi-iegal.corn] Sent: Monday July,20,2015.10:44AM To:..SawyerMichael,JohnsonEric 1 Cc BellowsRay ti Sub ecct: RE P120150000178 Project Name: Premier Auto Suites Thanks.Michael.':Eric,are there any other pending or upcoming matters concerning this 1 application as my client, the Briarwood Property Owner's association remains opposed, Thanks::-r _ Anthony P.Pires, Jr. Woodward, Pires&Lombardo, P.A, ?' 3200 North Tamiarni Trail d. Suite 200 Naples, Florida 34103 239-649-6555 Phone f 239-649-7342 Fax apires(n?wpl-legal.com I Firm Website:www.wpl-lecial.com 3 This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have 2 § i 1 t s 4 f. received this transmittal in error;any review, dissemination,distribution or copying of this transmittal is is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and Immediately delete this message and I all its attachments. From:SawyerMichael[mailto:MichaelSawyerr coiliergov.netj Sent:Monday,July 20,2015 10:40 AM To:Anthony Pires;JohnsonEric Cc:BellowsRay Subject:RE:P120150000178 Project Name:Premier Auto Suites I Tony, i 1 Sorry,Eric Johnson is now the assigned planner for this petition. I'm sure he can bring you up-to date. i 1 Thanks, I Michael Sawyer Transportation Planning, Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2926 1 1i�� e `. D From:Anthony Wes:[malito:APiresOwpi legal.com] t Sent Saturday,July 18, 2015 9:33 AM To:SawyerMichdel • Cc:..BellowsRay Subject: RE: PL20150000178 Project Name:Premier Auto.Suites Good morning.Michael,while.I.have.checked the CityView Portal as to the status of the application,are.there_any other pending or:upcoming matters concerning this application as my client, the Briarwood Property Owner's association.remains,opposed. Thanks Anthony P. Pires, Jr. ,i Woodward;Pires&Lombardo,P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 s 239-649-6555 Phone 239-649-7342 Fax I apires car wpl-legal.com I i Firm Website:www.wal-leoal.com. # t This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise s be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us Z immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments, I / T 3 I ,y I t x From SawyerMichael(mailto:MichaelSawyer@coliiergov.netj Sent:Tuesday, March 31,2015 8;03 AM F To:Anthony Pires Cc:BellowsRay Subject:RE: PL20150000178 Project Name:Premier Auto Suites 4 Third email... is From: Anthony Pires rrnailto:APirestwwpl-legal.comJ Sent:Monday, March 30, 2015 3:00 PM To: SawyerMichael Cc: BellowsRay Subject: FW: P120150000178 Project Name: Premier Auto Suites Good afternoon Mike. Could you please send the requested information? If you are not the assigned planner, could you kindly send this request to the assigned planner. I Thanks 1 i Tony Anthony P.Pares,Jr. Woodward, Pires&Lombardo, P.A. " 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax t apire_sp,wpl-lecal..corn is Firm Website:www.wpl-legal.com This transmittal andfor attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is . strictly prohibited. If you have received this transmittal andior attachments in error,please notify us . immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. From:Anthony Pires Sent:Friday, March 20,2015 2:44 PM = To:'MichaelSawyer( colliergov.net' Subject:PL20150000178 Project Name: Premier Auto Suites Good afternoon Mike. f • k Could you be so kind as to send me a copy of the application and petitioner's submittals to date? i I have retrieved the info from CityView that reflected a submittal made on March 3, 2015 1 Thanks Tony Anthony P. Pires,Jr. Woodward, Pires&Lombardo. P.A. 3200 North Tamiami Trail Suite 200 i Naples, Florida 34103 4 i 1 Anthony Pires , From: JohnsonEric Sent; Tuesday,August 04,2015 3:16.PM To: Anthony Pires Cc BellowsRay Subject: RE:PL20150000178 Project Name:Premier Auto Suites5 Tony, , The applicant has addressed staff's comments to the extent of meeting legal sufficiency;however,they are still working out the minor issues. f r Eric Johnson l Principal Planner t From:Anthony Pires [mailto:APires@wpl-legaLcom] Sent:Tuesday,August 04, 2015 3:00 PM r , To:JohnsonEric x Cc: BellowsRay =' Subject: RE: P120150000178 Project Name: Premier Auto Suites4 Good afternoon.The legal notice for the CCPC hearing has been published. Has the applicant addressed the staffs comments? If yes,please provide. If not, how and why has the application been advertised for the August 20, 2015 CCPC meeting? Thank you Tony Pires Anthony P. Pires, Jr. Woodward, Pires&Lombardo, PA 3200 North Tamiami Trail Suite 200 .. 4 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apiresOwpl-lec al.corn l Firm Website:www.wpl-leyal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received,this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. if you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. From:JohnsonEric(mailto:Eridohnsont colliergay.net] • Sent:Tuesday,July 21,2015 2:59 PM To:Anthony Pires I Cc:BellowsRay I. Subject:RE:P120150000178 Project Name: Premier Auto Suites4 i Tony. The applicant still needs to address staffs comments. 1 Eric Johnson Principal Planner From Anthony Pires jmailto APirestawol-legal.corn] Sent:Tuesday,July 21, 2015 12:45 PM To JohnsonEric Cc SellowsRay Subject: RE:PL20150000178 Project Name: Premier Auto Suites3 Eric, are there any other pending or upcoming matters concerning this application? Thanks Tony Anthony P. Pires,Jr. Woodward,Pires &Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax spires„a 7ml-lenal.com q COCO (aiC Ffr Goohomr,LAW Firm Website:www.wol-lega.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all Its attachments. From:JohnsonEric[mailto:EricJohnsonPcolltergov.netj Sent:Tuesday,July 21,201510:24 AM To Anthony Pires • Cc: BellowsRay Subject:RE:P120150000178 Project Name:Premier Auto Suites3 - Mr. Pires, Is there anything specific of which your client(s)object(s)? Respectfully, Eric Johnson Principal Planner From;Anthony Pires.fmailtoAPires( wpi iegalcami Sent: Monday,July 20, 2015 7:26 PM To:JohnsonEric 2 i _i i Cc: BellowsRay '4 Subject: Re:PL20150000178 Project Name: Premier Auto Suites2 Thanks for the reply email.Eric.I don't represent the applicant. I represent the property owners association that objects to the application. Sent from my iPhone On Jul 20. 2015,at 5:45 PM, "Johnson Eric"<EricJohnson@cotliergov.net>wrote I Hello,Mr.Pires. I just wanted to give you an update. 1 hope to complete my review.(Zoning).of your application i tomorrow,but regardless,`t:think the County Attorney Office still had some questions/comments that / need to be addressed. I will be emaiting you tomorrow, Thank you for your patience F . Respectfully, £i : Eric Johnson Principal Planner From:Anthony Pires rmailto:APires @wpI-legal.com] Sent Monday,July 20,2015 10:44 AM y. To:SawyerMichael;JohnsonEric Cc: BellowsRay i Subject: RE: P120150000178 Project Name: Premier Auto Suites i I Thanks Michael. Eric, are there any other pending or upcoming matters concerning this I application as my client, the Briarwood Property Owner's association remains opposed. Thanks i i Anthony P.Pares,Jr. Woodward, Pires&Lombardo. P,A. 1 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax i apires al t wpI-leca com , i; Firm Website:www.wol-iegal.com j This transmittafand/or attachments may be a confidential attorney-client communication or may otherwise r. be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error;any review,dissemination,distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us : immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. From:SawyerMichael[mailto:MichaelSawyerpcolliemov.net] 1 Sent:Monday,July 20,2015 10:40 AM To:Anthony Pires;Johnson Eric 1 Cc:BeliowsRay Subject RE:PL20150000178 Project Name:Premier Auto Suites 1 i Tony, i Sorry,Eric Johnson is now the assigned planner for this petition. I'm sure he can bring you up-to-date. 3 I fi Thanks, Michael Sawyer Transportation Planning, Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2926 --.._.• From: Anthony Pires [mailto:APiresca>wpl-legal.com] Sent: Saturday,July 18,2015 9:33 AM • To: SawyerMichael Cc: BellowsRay Subject: RE: PL20150000178 Project Name: Premier Auto Suites Good morning Michael, while I have checked the CityView Portal as to the status of the s. application, are there any other pending or upcoming matters concerning this application as my client, the Briarwood Property Owner's association remains opposed. Thanks Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apiresp,wpl-legal.com. Firm Website:www.wpl-legal_com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. i From:SawyerMichael[mailto:MichaeiSawyerc colliergov.net] Sent:Tuesday, March 31,2015 8:03 AM To:Anthony Pires Cc:BellowsRay Subject:RE:P120150000178 Project Name:Premier Auto Suites Third email... From: Anthony Pires [mailto:APirescd)wpl-legal.com] Sent: Monday, March 30, 2015 3:00 PM To: SawyerMichael Cc: BellowsRay Subject: FW: P120150000178 Project Name: Premier Auto Suites 4 rk i Good afternoon Mike. Could you please send the requested information? If you are not the assigned planner, could you kindly send this request to the assigned planner. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail I Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apirest wpl-lecal.com t Firm Website:www.wpl-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error; any review,dissemination,distribution or copying of this transmittal is a strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us ii immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and II all its attachments. • From:Anthony Pires y, Sent:Friday,March 20,2015 2:44 PM To:'M ishaelSawver@ col liergov.net' Subject:P120150000178 Project Name: Premier Auto Suites i k. Good afternoon Mike. Could you be so kind as to send me a copy of the application and petitioner's submittals ii to date? 1 have retrieved the info from CityView that reflected a submittal made on March 3, 2015 Thanks • II Tony Anthony P.Pires,Jr. Woodward, Pires& Lombardo, P.A. i, t 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apiresl wpl-legai.com Firm Website:www.wpl-legal.com. This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error;any review,dissemination, distribution or copying of this transmittal is II strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us , immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. s 3 i Under Florida Law,e-mail addresses are public records If you do not want your e-mail address released in response to a public records request do not send electronic mall to this entity.Instead,contact this office by telephone or in writing. 5 • JohnsonEric From: Anthony Pires <APires @wpl-legal.com> Sent: Friday, August 14, 2015 10:21 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid Subject: LETTER OF OBJECTION/CONTINUANCE REQUEST/BRIARWOOD PUD AMENDMENT; PUDA-PL20150000178; PREMIER AUTO SUITES Attachments: LTR. CCPC 8.14.15 w. attachments.pdf Importance: High Ladies and Gentlemen. Please see the attached letter of objection and request for continuance on behalf of the Briarwood Property Owner's Association, Inc. concerning the above petition/application. Anthony P. Pires,Jr. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires0wpl-leoal.com Firm Website:www.wpl-Iegal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1f 1 3 1 } RIMI 1 1 i 1M WOODWARD, PIRES & LOMBARDO, P.A. 3 ATTORNEYS AT LAW August 14, 2015 CRAIG R WOODWARD Board Certified:.Rrl Estate r MAR/Cf.WOODWARD Board Cade&Real Eras ANTHONY P.FIRES,JR. Bond Caged:Gry,County, Members "414°'''''''''C'''''' Collier County Planning Commission Via Email l J.CHRISTOPHER.LOMBARDO Collier County Growth Management Department Ruud CeTtiFecL Marital i and FarrtilyLaw 2800 North Horseshoe Drive Naples, Florida 34104 l ROBEILI E.o C Re: Petition PUDA-PL 20150000178; Briarwood PUD (Premier Auto 1 DAVID E.LEIGH Suites) t Of Counsel Dear Planning Commissioners: JENNIFERL DEVRIES This law firm represents the Briarwood Property Owner's Association, JENNIFER M.TENNEY Inc. ("BPOA") in the above matter. None of the BPOA's rights, concerns or LENORE T.BRAKEFIELD objections concerning this application are waived by anything stated herein MATTHEW P.FLORES or omitted herefrom and we reserve the right to amend or correct this J.TODD MURRELL submittal and to present, make and submit additional arguments and materials before the Collier County Planning Commission ("CCPC") and the p Board of Collier County Commissioners ("BCC"). It is also anticipated that various residents or property owners in the Briarwood community may j appear to voice their concerns and objections and request denial of this J petition. This letter is a follow up to my attached letter of August 12, 2015 (see Attachment "A") that requested a continuance of this matter. As noted in the attached letter, BPOA objects to the CCPC holding a hearing on August 20, 2015 hearing on this petition and repeats its request that this petition be t REPLY TO continued for at least one month. In 3200 rA``"A'"SUITE loo If the hearing is to be held on August 20,2015,for the reasons outlined t NAPLES,FL 34103 herein as well as additional reasons and bases that may be presented to the 239-649-73442 FAX CCPC, it is respectfully requested that the CCPC make a recommendation LI 606 BALD EAGLE DRIVE of denial to the Board of County Commissioners. SUITE 500 P.O.BOX ONE MARCO ISLAND,FL 34146 j 239-394-5161 239-642-6402 FAX 1 WWW.WPL—LEGALCOM 1 The Briarwood community is a well-established primarily residential community with 450 existing single family dwellings and 135 existing multi- family dwelling units.The BPOA, property owners and residents in Briarwood and the property values in the Briarwood PUD and community have been and are protected by the same Architectural Review provisions of Section 7.12 of the PUD since 19761. The applicant entered into a contract with knowledge of the existence of the Architectural Review provisions of Section 7.12 of the PUD. The applicant is now asking that that longstanding protection be eliminated. The property that is the subject matter of this PUD amendment is designated/zoned as "Community Commercial" in the Briarwood PUD. The property has been designated/zoned as "Community Commercial" since the inception of the Briarwood community in 1976. Warehouse uses have not been and are not allowed in the Community Commercial area of the Briarwood PUD. The BPOA opposes and object to this petition that if approved would allow maximum utilization of the site by new warehouse uses and would eliminate the long standing rights and protections afforded the BPOA, property owners and residents in Briarwood, including the rights and protections afforded by the Architectural Review provisions of Section 7.12. The objections include but are not limited to the substantially amended and revised submittal (Revision #4) to Collier County that was only recently made on July 13, 2015. The BPOA has substantive and procedural objections, issues and concerns regarding this petition, the proposed new incompatible uses,the substantial increase in floor area for the new uses and elimination of Briarwood's rights to perform Architectural Review. The proposed new uses and increase in floor area for the new uses are not appropriate for the Briarwood PUD and the PUD amendments should be denied. The proposed new uses belong in an industrial park or business park and not in the Briarwood community. The right of Architectural Review must remain. { { I Originally Section 7.13 of Ordinance No 76-22. 2 li THE PROPOSED NEW INCOMPATIBLE AND INTENSE USES It is important to recognize that the proposed new use(s) with the IF attractive sounding, yet vague and undefined, name of "upscale storage facilities"2, is/are a new use(s) in the Briarwood PUD. The clear purpose of i the application is to modify the list of permitted uses in the Community Commercial section of the Briarwood PUD to include "upscale storage facilities" for storage and undefined "minor repair" of boats, personal watercraft, vehicles, recreational vehicles, motorcycles and the like (another undefined term), as well as a clubhouse, undefined accessory uses, "complementary common areas and amenities" and "complementary uses", again, of an undefined nature; and, to increase the allowable square footage for the new use(s). The new uses are inconsistent with the Growth Management Plan f"GMP") We disagree with the analysis as to Growth Management Plan ("GMP") consistency. The following erroneous statement in the second last 1 paragraph on page 8 of the Staff Report appears to form a substantial portion of the basis for the determination of consistency: , "For this petition, no new uses are being proposed; therefore the proposed zoning district(PUD Amendment) is of the same intensity as the existing." i The statement that "no new uses are being proposed" is patently wrong. The warehouse uses being proposed are new uses in this zoning il district. At page 15 of the Staff Report (with a final sign off dated August 11, 2015) under "Rezone Findings", Collier County staff admits and advises variously that: g 1. ".,..the subject principal use is not well defined in both the LDC and the PUD Document." (#13) ; and, 2. " the new principal use that is being requested with his amendment is unique."(#14); and, 3. ".....the principal use is not well defined and therefore, , not permitted anywhere..." (#15). i 2 There is no definition provided of "upscale storage facilities". A search on-line of both the Collier County Land Development Code ("LDC") and Code of Ordinances turned up no results for the word "upscale"in either code.. 3 1 is Additionally, the GMP consistency analysis fails to perform the analysis required by Policy 5.4 of the GMP: Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). "Complementary" has been defined as: completing something else or making it better: serving as a complement—used of two things when each adds something to the other or helps to make the other better:going together well: working well together (See Merriam-Webster Dictionary) and Combining in such a way as to enhance or emphasize the qualities of each other or another. (See oxforddictionaries.com) No such analysis has been performed on the new warehouse uses, the intensification of coverage or the elimination of the Architectural Review. Neither the application nor the Staff Report provide any information or analysis as to how the requested new uses are "complementary to, the surrounding land uses". The proposed warehouse use(s) is/are industrial district use(s), a warehouse or storage facility, and are more appropriately located in a stand- alone business park district, research and technology park district or industrial district and not in the Community Commercial area of a well- established residential community such as Briarwood. By way of example, as to other such similar or same warehouse uses: 1. "My Other Place" storage facility, warehouse, in Naples, in the North Naples Research and Technology Park. See Attachment 2. "Hyde Park Storage Suites" in Daytona Beach, Florida, as noted on its website and as can be seen from the attached aerial photographs, is "... virtually across the highway from Daytona International Speedway...". See Attachment"C". 4 3. "Hyde Park Storage Suites" in Cornelius, North Carolina, as can be seen from the attached aerial photographs, is in an industrial like setting. See Attachment"D". 4. At the N1M, the applicant's agent mentioned Chicago as having "other developments like this". "Iron Gate Motor Condos" is a facility, located outside Chicago, in Naperville, Illinois, on property zoned "I", Industrial. It promotes "Your Own Space" on its website: "Whether you use it as a personal garage, workshop, private office, urban cabin or just a place to get away, your space 1 i at Iron Gate Car Condos is yours to customize however you see fit." See Attachment"E". i The proposed new uses and the elimination of Architectural Review i for this property do not make the Briarwood community better and do not enhance the Briarwood community. The proposed new uses and the elimination of Architectural Review for this property are neither compatible with nor complementary to, the surrounding land uses in the Briarwood community. The proposed new uses are not "community commercial" in x character and belong in an industrial district, where they are compatible with and complementary to the industrial district uses. ti The Staff Report To the Planning Commission l . The following are some issues (not exhaustive) with the "PUD Findings" and "Rezone Findings" portion of the Staff Report: 1 PUD Findings: A. Contrary to the statements in Item#3, and as noted above, the requested amendments are not consistent with Policy 5.4 of the GMP. B. As to Item#5, it is disingenuous to state that"Usable open space will be addressed at the time of SDP review." as the proposed amended Conceptual Master Plan and the proposed substantial increase in floor area will have established the usable open space. Rezone Findings: A. As to Item#1, the Staff Report fails to perform the analysis required by Policy 5.4 of the GMP and as noted above the requested amendments are not consistent with Policy 5.4 of the GMP. B. The Staff Report attempts to minimize this major addition of new uses by the statement in Item #2 of the Rezone Findings that "This petition merely seeks to add...". C. Item#5 of the Rezone Findings is never really answered or addressed. The fact is, and the correct finding is, there are no changed or changing conditions that make the passage of the proposed rezoning necessary. 5 D. Item#13 of the Rezone Findings is never really answered or addressed. The fact is, and the correct finding is, there are no substantial reasons why the property cannot be used in accordance with existing zoning. E. Item #15 of the Rezone Findings is never really answered or addressed. The fact is, and the correct finding is, as stated by the applicant's agent at the NIM, in response to Question #36. QUESTION: "Did the developer look at any industrial properties? ANSWER: "Josh responded: He might have but this is the property that he chose." F. The Staff Report fails to address the proposed elimination of the application of the Architectural Review provisions of Section 7.12. For the reasons outlined herein as well as additional reasons and bases that may be testified to, submitted or presented, it is respectfully requested that the CCPC make a recommendation to the Board of County Commissioners that this petition in its entirety be denied. Respectful ' Orly Piles. J Enclosures Copies wlencl(via email) markstrainacolliergov.net;KarenHomiak[c)colliergov.net;DianeEbertCdIc011iergov.net; BrianDoyleacolliergov.net;StanChrzanowskk COIliergov.net; CharletteRomanO.colliergov.net;ScottStoneAcolliergov,net;RayBellowsAcolliergov.net; EricJohnson{cDcolliergov.net;MichaelBosicolliergov.net;DavidWilkison4colliergov.net Client 6 iF• ATTACHMENT "A • ti ii uy 1 F { • } xg 3 rc FAM WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW =. August 12, 2015 CRAIG R WOODWARD BawlCadflaiRa1E5c= MARK J.WOODWARD Mark Strain, Chairman Bawd°Nam!:Rol Eaax Collier County Planning Commission Via Email mowYP.FIRES JR. Collier County Growth Management Department Bw,a'''"'' 2800 North Horseshoe Drive and Local Gaenuhrnc Naples, Florida 34104 J.CHRISTOPHER LOMBARDO Bond Ca Eed:Ma=iral nndFamsylaw Re: Petition PUDA-PL 20150000178; Briarwood PUD (Premier Auto Suites) ROBERT E.MURRELL Of C" Dear Mr. Strain: DAVID E.LEIGH Of Co nse` This law firm represents the Briarwood Property Owner's Association, Inc. ("BPOA") in the above matter. The Briarwood community is a well JENNIFER.L DEVRIES established residential community with 450 existing single family dwellings JENNIFER M.TENNEY and 135 existing multi-family dwelling units. None of the BPOA's rights, concerns or objections concerning this application are waived by anything LENORE T, BRAKEFIELD � g pp i y MATTHEW FLORES stated herein or omitted herefrom and we reserve the right to present, make and submit additional arguments and materials before the Planning J.TODD MVRREU Commission ("CCPC") and the Board of Collier County Commissioners ("BCC"). The BPOA opposes and objects to the substantially amended and revised submittal(Revision#4)to Collier County that was only recently made, believed to be on July 13, 2015, The BPOA has substantive and procedural objections, issues and concerns regarding this petition and the proposed new uses and increase in floor area for the new uses. The proposed new uses and increase in floor area for the new uses are not appropriate for the Briarwood PUD, nor the Briarwood community and the PUD amendments should be denied. The proposed new uses belong in an industrial park or REPLY TO: business park and not in the Briarwood community. ® 3200 TAMFAMI TRAIL N. SUITE 200 THIS PETITION SHOULD BE CONTINUED NAPLES.FL 34103 239-649-6555 239-649-7342 FAX As explained further below,the BPOA objects to the CCPC conducting 6°68ALD EAGLE DRPJE a hearing on this petition on August 20, 2015 and requests that this petition SUITE 500 F.O.BOX ONE be continued for at least one month in order to:A. have the applicant conduct MARCO IS 239-D.39 161 a Neighborhood Information Meeting ("NIM") on the substantially amended 239-6426402 FAX and revised submittal; and, B, provide the Briarwood community the ability to WWW.WPL-LEGAL.COM fully and adequately prepare for and participate in a hearing where the applicant is requesting new and more intense incompatible uses. 1 .v G f If this item is not continued, while reserving all rights objections, we will be appearing at the currently scheduled August 20, 2015 CCPC hearing and will be making additional submittals. None of the BPOA's rights, concerns or objections concerning this application are or will be waived if it is necessary to appear on August 20, 2015. A NIM needs to be held on this substantially revised submittal. A side by side comparison of the March 30, 2014 notice for the April 14,2015 NIM with the July 31, 2015 notice for the August 20, 2015 CCPC hearing shows the significant changes in the nature and contents of the petition. Copies of these two notices are attached as Exhibit"A". Thus, this matter should be continued for at least one month so that a NIM on the current petition request can conducted. The applicant or his agent, while very aware of the Briarwood community's concerns about this project, did not communicate or provide its substantially revised application to me, the BPOA or the Briarwood residents. Further, despite status update inquiries of County staff beginning July 18, 2015,the August 20, 2015 CCPC hearing date was neither provided to nor known to me, my client (the BPOA), nor the residents of Briarwood, until the legal ad of July 31, 2015. It is disconcerting and a disservice to the residents and property owners in Briarwood and Collier County, that while I was making status update queries beginning July 18, 2015, one day earlier, on July 17, 2015, County staff made a decision to place this petition on the August 20, 2015 CCPC agenda. Knowing of my interest, County staff, while notifying the applicant of the hearing date, failed to advise me, the BPOA or the Briarwood residents that this application would be heard on August 20, 2015 (See attached emails, Exhibit"B"). As a result, as noted above, it is respectfully requested that this matter be continued for at least one month. We would hope that the applicant would concur in this request, to obviate the need for appearances on August 20, 2015. If this petition is not continued from the currently scheduled August 20, 2015 hearing date, we respectfully request that the petition be denied. Out of an abundance of caution, in the next few days, until and unless we are assured that this hearing will be continued, we will be submitting additional materials relating the concerns, issues and r: objections of BPOA. _ _ 0 Sin reimpard ---_____ o,,,4. v 'ire. Jr. Enclosures Cc w end: Eric Johnson Ray Bellows Mike Bosi David Wilkinson Scott Stone 2 • 3 1 1 i tioritskl i • i 1..g, o ARMIN • 1 ! ----'-----!--74.:'Acii.tr'h!!..1.]:: tlilt!!1::36.... ..,'.g:15----!.,_ , i.Ei:e3,1-!,,,,R-1.----1P7-1! ••.•-!....i.•:--!•• LI H.,...!:la ,,.s. , :2.. p 1.111:1.1p 1116I.1.... ...„ .: , :,. jiI z:4 ,c1,..: .a. :0 1.; $ ,s 6 � :uO $ `tea �_ �• Mpg �+ r 6,. !,,::'..1:::„V 2.i 7 : .t 4'� % a Y 4' OU.: V.�:. 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H 1Ti0 ..c c 30 € � •: Q y !!1 y �Ct Q$$ yy ▪ RR T r �, ‘1.• .iq: .. n /7F: .•- Qa V Y s w O �N M ,,• O f0 �p 2 biy -. . to ram Cu cq �j - 3d t-. - .:a ,. - • : ` 1 C m•° N In 2,0 sg .• p :. ,c c1 ^ m-o2 m'5 u-.Si aru. • a8131.-;„n � -slot {tart mR$ pFE� ' o s••,di... ....,,,,,:'.: m `p7 wOq •-uL.:1tlQdMM.'. • � _ - 5 'I. gY • q[1, 1 .yam• -N co c7 L v Antho Pires From: Fred Hood <Fred @davidsonengineering.cor > Sent July 16,;2015.10:13 AM To JohnsonEric Cc: RodriguezWanda Subject RE: PUDA-PL20150000178 Briarwood PUD (Premier Auto Suites) Attachments: 2015-07-09 PAS PUDA-Attachment A-(Deviation Request).doc;2015-07-09 PAS ( PUDA- Briarwood PUD List of Exhibits(clean).docx;2015-07-09 PAS PUDA- Briarwood PUD Sec 8(clean).docx;2015-07-09 PAS PUDA- Briarwood PUD Sec 8(stu).docx; 2015-05-21 PAS PUDA- Briarwood PUD Sec 6.2A(clean).docx 2015-05-21 PAS PUDA- Briarwood PUD Sec 6.2.A(stu).docx;2015-06-11 PAS PUDA-Briarwood PUD Sec 6.3 (clean).docx;2015-06-11 PAS PUDA-Briarwood PUD Sec 6.3(stu).docx;2015-07-09 PAS PUDA- PUD Sec 7(clean).docx;2015-07-09 PAS PUDA-PUD Sec 7(stu).docx; 2015-07-09 PAS PUDA- Briarwood PUD List of Exhibits(stu).docx Eric, it • 3 Certainly. Please find them attached. Thanks, Frederick E. Hood Senior Planner FredCa�davidsonengineering.com tef jilt eizaVW DAVIDSON • ENGINEERING www.davidsonengineering.com Davidson Engineering, Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer:this e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited, 7: • From:,Johnson Eric[maiito:Ericiohnson @colliergov.net] Sent:Thursday,July 16,2015 9:51 AM To:Fred Hood Cc:RodriguezWanda Subject:FW:PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Fred, Do you have a Word version of the PUD Document(s)? EXHIBIT is Eric Johnson Principal Planner = l From: RodriguezWanda Sent:Thursday, July 16, 2015 9:48 AM 't t. To:JohnsonEric Cc: StoneScott Subject: re: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) i k Eric, i Please forward current version of the PUDA to me in Word. Thanks, , . i lbairdu Voctrigue!, lc'1' 1 _11'm:1te C e rf-t 1 ied 1'cflalegal 1 IInfice of Elie t.ctta ill V Wound l (2.4.0.2;-.2-8..01, ., i From JohnsonEric is Sent:Thursday„July 16, 2015 9:25.AM I. To .SmithDaniel;.StoneScott;AshtonHeidi; MoxamAnnis l Cc:BellowsRay; BosiMichael;.StrainMark i Subject PUDA-PL20150000178 Briarwood PUD(Premier AutO Suites)Good.morn t Just wanted to remind_everyonethat we are anticipate this petition to be reviewed by the CCPC f at their August 20 meeting. Thanks! t . . . i Respectfully, is Eric L Johnson,AICP,CFM 1: Principal Planner 3 Growth Management Department-Planning At Regulation. Zoning Division-Zoning Services Section 2800 North Horseshoe Drive s Naples,FL 34104 phone:239-252-2931 - fax: 239-252-6503 ., is i G1 Co i I I Under Florida Lav e-mail addresses ate pubbc records.N you do not want your e-mail address released in response to a public records request do not send f electronic maf to thts entity instead-contact this office by telephone or in witting s i 2 a. 3 Anthony Pires �. , . i From JohnsonEric Sent Friday,July 17,.2015 1:34 PM To BosiMichael Cc BellowsRay;StrainMark ' Subject RE:PUDA-PL201S0000178 Briarwood PUD (Premier Auto Suites)3 Okay,I'll schedule it for the 8/20 CCPC. Thanks! _ t Eric Johnson Principal Planner From: BosiMichael Sent:Thursday,July 16, 2015 10:35 AM To:JohnsonEric Cc: BellowsRay; StrainMark t; Subject: RE: PUDA-PL20150000178 Briarwood PUD (Premier Auto Suites)2 Eric, Spoke with Mark and he's ok with the add on,but it will be after the sidewalk discussion From:JohnsonEric Sent:Thursday,July 16, 2015 10:22 AM To: BosiMichael Cc: BellowsRay Subject: FW: PUDA-PL20150000178 Briarwood PUD (Premier Auto Suites)2 Mike, • Is it okay to schedule.land use petitions for the 8 20 CCPC;meeting? If not we can schedule this item to the Sep 3 CCPC, but Ray says that scheduling it that late would be cutting it close for the ultimate approNal by the BCC on September 22. I'm not sure how the timing works Yet. but I'm line with whatever you think is best. Thanks! Eric Johnson Principal Planner • From: BellowsRay Sent:Thursday,July 16, 2015 10:18 AM To:JohnsonEric Cc: BosiMichael Subject: RE: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Hi Eric, f believe that the CCPC will be holding a workshop on 8/20. Please check with Mike z to see if it is okay to schedule and use petitions for the 8/20 CCPC meeting. Rag Raymond V: Bellows,Zoning Manager Zoning Division - Zoning Services Section Growth Management Department._Planning & Regulation ti Telephone: 239.252,2463; Fox:239.252.6350 1 er From: JohnsonEric Sent:Thursday,July 16, 2015 9:25 AM To: SmithDaniel; StoneScott; AshtonHeidi; MoxamAnnis Cc: BellowsRay; BostMichael; StrainMark Subject: PUDA-PL20150000178 Briarwood PUD(Premier Auto Suites) Good morning! Just wanted to remind everyone that we are anticipate this petition to be reviewed by the CCPC at their August 20 meeting. Thanks! Respectfully, Eric L.Johnson,AICP,CFM Principal Planner Growth Management Department Planning&Regulation Zoning Division-Zoning Services Section 2800 North Horseshoe Drive Naples,FL 34104 phone:239-252-2931 fax:239-252-6503 LEER GREEN ASSttt t x,t:: • Co �- County • Under Florida Law e-mail addresses are public records If you do not want your e-mail address released in response to a public records request.do nor send electronic mail to this entity Instead contact this office by telephone or in writing • 1 F 2 Antho Pires From: JohnsonEric ... Seth Friday,July 17, 2015 2:07 PM To: StoneScott Cc BeasleyRachel Subject PUDA-PL20150000178 Briarwood PUDA(Premier Auto Suites)Title 7 17 15 Attachments: Title 7 17_15.doc Scott Thank you.. Rachel - The attached is the petition known as The Man Cave tt is scheduled for the CCPC on 8/20. Thanks! l; Eric Johnson Principal Planner From: StoneScott Sent: Friday,July 17, 2015 2:05 PM To:JohnsonEric Subject: Briarwood PUDA title I've revised the title. See attached. Scott A.Stone Assistant County Attorney Collier County Attorneys Office (239)252-5740 • Under Florida Law e-mail addresses are public records If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity Instead contact this office by telephone or in writing ti • . a } 1 TITLE An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as amended, to add upscale storage facilities as a principal use in Tracts B& C: Community Commercial, to add accessory uses associated with upscale storage facilities as an accessory use in Tracts B & C: Community ; Commercial, to add minimum standards for upscale storage facilities, to increase the maximum floor area for upscale storage facilities in Tracts B & C: Community Commercial from 20% of the commercial land area to 40% of the commercial land area, to add a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio Road, and to allow architectural review of properties without recorded covenants or deed restrictions to be regulated by architectural review standards of the Land Development Code at the time of Site Development Plan or Plat approval, for the PUD property consisting of 209.1'11 acres located on the east side of-Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. • • • • • r • • [15-CPS-01425/1174678/1] 7/17/15 Anthony Pires From JohnsonEric Sent: Tuesday,July 21, 2015 2:59 PM s To Anthony Pires Cc: BellowsRay Subject: RE PL20150000178 Project Name:Premier Auto Suites4 Tony, The applicant still needs to address staff's comments. Eric Johnson Principal Planner From Anthony Pires[maiito:APires @wpl-legal.corin] Sent:Tuesday,July 21, 2015 12:45 PM To:JohnsonEric f. cc: BellowsRay Subject RE: PL20150000178 Project Name: Premier Auto Suites3 . Eric, are there any other pending or upcoming matters concerning this application'? Thanks Tony Anthony P. Pires,Jr, Woodward, Pires&Lombardo,.P.A. 3200 North Tamiami Trail . . Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax ' apires(a wpl-legal.corn. 4,-RfO' 4q"rtfi i'v fIli rr t.. i (;j riacl icr_ir.,i, Firm Website:.www.wpl-legai.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error: any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6556) and immediately delete this message and all its attachments. From:JohnsonEric j mailto:EricJohnson(uicollliergov.net] Sent:Tuesday,July 21,2015 10:24 AM To:Anthony Pires Cc:BellowsRay Subject:RE:P120150000178 Project Name:Premier Auto Suites3 1 Mr. Pines, Is there anything specific of which your client(s) object(s)? Respectfully. Eric Johnson Principal Planner From Anthony Pires[malito APirestw,vl-lei al cQm] Sent: Monday,July 20, 2015 7:26 PM To:JohnsonEric Cc SellowsRay Subject: Re: PL20150000178 Project Name: Premier Auto Suites2 ry Thanks for the reply email Eric. I don't represent the applicant. I represent the property owners association that objects to the application. Sent from my iPhone • On Jul 20, 2015, at 5:45 PM, "JohnsonEric"<EricJohnson{cDcolliergov.net>wrote: Hello Mr.Pirc . [just wanted to give you an update. I hope to complete my review(Zoning)of your application. tomorrow.but regardless,I think the County Attorney Office still had some questions/comments that need to be addressed. [will be emailing you tomorrow. Thank you for your patience. • Respectfully, • • Eric Johnson Principal Planner • • From Anthony Pires[mailto:APires(alwpl-legal corn] Sent Monday, July 20, 2015 10:49 AM To SawyerMichaei; JohnsonEric Cc: 8efowsRay Subject:RE: PL20150000178 Project Name: Premier Auto Suites Thanks Michael. Eric, are there any other pending or upcoming matters concerning this application as my client,the Briarwood Property Owner's association remains opposed, Thanks • Anthony P, Pires,Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires(d wpl-legal.coni Firm Website:www.wpi-legal.corn This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have 2 received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239=649-6555)and immediately delete this message and all its attachments. From:SawyerMichael 1 mailto:MichaelSawyer @collier,&ov.netj Sent:Monday,July 20,2015 10:40 AM r. To:Anthony Pires;JohnsonEric Cc:BellowsRay Subject: RE:PL20150000178 Project Name:Premier Auto Suites Tony, Sorry,Eric Johnson is now the assigned planner for this petition. I'm sure he can bring you up-to-date, Thanks, Michael Sawyer Transportation Planning, Project Manager Collier County Capital Projects, Planning; Impact Fees & Program Management 2800-North Horseshoe Drive Naples, Florida 34104 (239) 252-2926 From Anthony Pires(mailto:APires@)wpl-legal.com] Sent:Saturday,July 18, 2015 9:33 AM • To: SawyerMichael Cc: BellowsRay • Subject: RE: P120150000178 Project Name: Premier Auto Suites Good morning Michael, while i have checked the CityView Portal as to the status of the application, are there any other pending or upcoming matters concerning this application as my client, the Briarwood Property Owner's association remains opposed. Thanks • Anthony P. Pires, Jr. Woodward. Pires & Lombardo, P.A.: • 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires(uiwpI-lec al.com Firm Website: www.wpl-leoal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and >; all its attachments. 3 • From SawyerMichael [maiito:MichaelSawver @colliergov.net] Sent:Tuesday,March 31,2015 8:03 AM To:Anthony Pires Cc:BellowsRay Subject:RE:P110150000178 Project Name:Premier Auto Suites Third email... From:Anthony Pires [maitto:APiresi wpl-legal.cam] Sent: Monday, March 30, 2015 3:00 PM To: SawyerM€chael Cc: BellowsRay Subject: FW: PL20150000178 Project Name: Premier Auto Suites Good afternoon Mike. Could you please send the requested information? If you are not the assigned planner, could you kindly send this request to the assigned planner, Thanks Tony Anthony P. Pires,.Jr. ; Woodward, Pires& Lombardo, P,A 3200 North Tamiami Trail , Suite 200 Naples. Florida 34103 239-649-6555 Phone 239-649-7342 Fax apiresir')a wpl-Iegal.com Firm Website www.wpl-lecial.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have • received this transmittal In error; any review,dissemination, distribution or copying of this transmittal is . strictly prohibited. If you have received this transmittal and/or attachments In error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. From:Anthony Pires Sent:Friday,March 20, 2015 2:44 PM To:'MichaelSawyer(aicoiliergov.net' Subject:Pt.20150000178 Project Name: Premier Auto Suites - . Good afternoon Mike. Could you be so kind as to send me a copy of the application and petitioner's submittals to date? I have retrieved the info from CityView that reflected a submittal made on March 3,.2015 Thanks Tony Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 4 239-649-6555 Phone 239-649-7342 Fax apires(f" wp I-lecal.com Firm Website:www.wpl-legal 0qm This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential If you are not the intended recipient, you are hereby notified that you have received this transmittal In error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all Its attachments, j. Under Florida I aw e-mail addresses are public records If you do riot want your e-mail address released in response to a public records request_do not send electronic mail to this entity Instead.contact this office by telephone or in writing • • t tl 1 } . b 1 5 Anthony Pires From • JohnsonEric Sent: Tuesday,August 04,2015 3:16 PM To: Anthony Pires Cc: BellowsRay Subject: RE:PL20150000178 Project Name:Premier Auto Suites5 Tony, The applicant has addressed staff's comments to the extent of meeting legal sufficiency;however,they are still working out the minor issues. Eric Johnson Principal Planner From Anthony Pires[mailto:APires @wpl-legal.corn] Sent:Tuesday,August 04, 2015 3:00 PM To:JohnsonEric Cc: BellowsRay Subject: RE: PL20150000178 Project Name: Premier Auto Suites4 l Good afternoon. The legal notice for the CCPC hearing has been published. Has the.applicant addressed the staffs comments? If yes, please provide. If not, how and why has the application been advertised for the August 20, 2015 CCPC meeting? Thank you Tony Pires Anthony P. Pires,Jr. • Woodward, Pires&Lombardo, P A: 3200 North Tamiami Trail Suite 200 • • Naples, Florida 34103 239-649-6556 Phone 239-649-7342 Fax apiresg, l-leeal,com. Firm Website: www.wjklegal,com This transmittal and/or attachments may be a.confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received,this transmittal in error,. any review, dissemination, distribution or copying of this transmittal is strictly prohibited..If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all Its attachments. From JohnsonEric[mailto:Eric.Johnsorit colliergov.net] Sent:Tuesday,July 21,2015 2:59 PM • To:Anthony Pires Cc:BellowsRay Subject:RE: P120150000178 Project Name: Premier Auto Suites4 1.coy. The applicant still needs to address stag's comments. 1 1 3 Eric Johnson Principal Planner . From Anthony Pires[mailto:APires @wol-leaal.com] Sent Tuesday,July 21, 2015 12:45.PM 1 To:JohnsonEric g. Cc: BellowsRay I. Subject RE: PL20150000178 Project Name: Premier Auto Suites3 . Eric, are there any other pending or upcoming matters concerning this application? Thanks i I Tony t . i 14 Anthony P. Pires, Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail .1, Suite 200 Naples, Florida 34103 239-649-6555 Phone [ 239-649-7342.Fax 'epires(fwpl-legal.com 7.. ...r.T., .: *� Ems -1:1;s6."CiiiiiiVic Firm Website www.wpl-iegal.com . This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or . confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; t any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. From JohnsonEric[mailto:EricJohnsonicoliiergov.net] :: Sent Tuesday,July 21, 2015 10:24 AM. To:Anthony Pires , Cc:BeliowsRay , Subject:RE:PL20150000178 Project Name:.Premier Auto Suites3 Mr. Pires, Is there anything specific of which your client(s)object(s)? Respectfully, Eric Johnson Principal Planner From Anthony Pires [maiito1APires(aiwpl-legal.corn] Sent: Monday, July 20,2015 7:26 PM i 1 To:JohnsonEric 2 Cc: BellowsRay Subject: Re: PI20150000178 Project Name: Premier Auto Suites2 Thanks for the reply email Eric. I don't represent the applicant. I represent the property owners association "! that objects to the application. Sent from my iPhone On Jul 20, 2015,at 5:45 PM, "Johnson Eric"<EricJohnson a collieroov.net>wrote: Hello,Mr.Pires. I just wanted to give you an update. I hope to complete my review(Zoning)of your application tomorrow,but regardless,I.:think the county"Attorney Office still had some yuestions/comments that need to be addressed. 1 will be entailing you tomorrow. Thank you for your patience. - Respectfully,. Eric Johnson Principal Planner From:Anthony Pires [mailto,APires,awpi-legal com] Sent: Monday,July 20, 2015 10:44 AM To: SawyerMichael;JohnsonEric Cc: BellowsRay F' Subject: RE: PL20150000178 Project Name: Premier Auto Suites Thanks Michael. Eric, are there any other pending or upcoming matters concerning this application as my client, the Briarwood Property Owner's association remains opposed. Thanks Anthony P. Pires, Jr. Woodward, Pires&Lombardo, P A. • 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax • aplresc wpi-legal.com Firm Website;www.wpl-itgal.com This transmittal'and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential, If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;any review,dissemination, distribution or copying of this transmittal is strictly prohibited.,If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments, From:SawyerMichael [mailto:MichaeiSawyer colliergovn_etj Sent:Monday,July 20,2015 10:40 AM To:Anthony Pires;JohnsonEric Cc:BellowsRay Subject:RE: PL20150000178 Project Name:Premier Auto Suites Tony, Sorry,Eric Johnson is now the assigned planner for this petition, I'm sure he can bring you up.to-date, 3 Thanks, Michael Sawyer Transportation Planning, Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2926 From Anthony Pires[r rt a_APireste wpi-legal.corn] Sent: Saturday,July 18, 2015 9:33 AM To SawyerMichael Cc: BellowsRay Subject: RE: PL20150000178 Project Name: Premier Auto Suites Good morning Michael, while I have checked the CityView Portal as to the status of the application, are there any other pending or upcoming matters concerning this application as my client, the Briarwood Property Owner's association remains opposed, Thanks Anthony P. Pires, Jr. Woodward, Fires&Lombardo, P A. 3200 North Tamiami Trail • Suite 200 Naples, Florida 34,103 ` 239-649-6555 Phone 239-649-7342 Fax . ar ires(@woi-'leyai.com Firm Website:www.wgl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this trans'rnittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. From SawyerMichael[mailto:MichaelSawver @collierxov.net] Sent:Tuesday,March 31,2015 8:03 AM To:Anthony Pires Cc: 8eltowsRay Subject:RE:PL20150000178 Project Name:Premier Auto Suites Third email... . .... .......... From:Anthony Pires rmatito:APiresOwpl_-legal.comj Sent: Monday, March 30, 2015 3:00 PM To: SawyerMichael Cc: BeliowsRay Subject: FW: P120150000178 Project Name: Premier Auto Suites 4 Good afternoon Mike. Could you please send the requested information? If you are not the assigned planner, could you kindly send this request to the assigned planner. ii Thanks Tony Anthony P. Pares, Jr. Woodward, Pires&Lombardo, P,A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax a iresi wel-legal.com Firm Website:www,wpl-legalcom This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. I • From:Anthony Pires Sent:Friday, March 20, 2015 2:44 PM To:'MichaelSawier2co Hie r,ov.net' Subject:PL20150000278 Project Name: Premier Auto Suites • Good afternoon Mike. 2 • Could you be so kind as to send me a copy of the application and petitioners submittals to date? I have retrieved the info from CityView that reflected a submittal made on March 3, 2015 Thanks Tony Anthony P. Pires,.Jr. Woodward, Pires& Lombardo, P,A, • 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires ww l-le,,gal corp Firm Website:w_ww.wp .com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential, If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555)and immediately delete this message and all its attachments. Under Florida Law e-mail addresses are public records If you do not want,your e-mail address released in response to a public•records request do not send electronic mail to this entity.Instead ::ontact this office by telephone or in writing. 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Yy I 7 r<% 0 �, ;f 5 III Bird's eye view maps can't be printed, so another map view has been substituted. i 4 f i f 1 a , Y I i 1 i Wednesday, August 12, 2015 Page 1 of 1 http://www.bing.com/maps/print... , 1 3 ATTACHMENT " E" 1 2 � $E ppp� J II, 2 I ii s Iron Gate Motor Condos 4 110�r GATF CAII TODAY TO RESERVE YOUR CAR CONDO ?19t) 1 (ll, �'(.ti\1�c�ti 630-945-1085 i HOME GARAGES COMMUNITY AVAILABILITY' E`JENTS GALLERY Af3Gt1T e NTAT , N °� YOUR CAR IS A T�l._F i \�tlL it �� �s .; .r! �. , 1 � ' GIVE ITTNE I -„_ .- TREATMENT . IT DESERVES �-_ _.�v ` •� ,, r f ,r a CMG' • ? :`g �.^” , ;" t . Q - ha, 'i. ti,,, lik• x ,�9 ; y .�. q w� ___ .._ _............... .. 3333 11 A III L` rc I 1 9 S i 1 Ei El iilianillill il i 1111111.11.1111111 , • httpwww. Jt 'uongatemotortondos.coml[8113?2015 11:51:44 AM) ,. 5 1 x 1 X !roe Got*Motor Condos '2! s ,:ij:;,.:.. , . ft, ,,,...iii„5...„...:5...:„.;. :: s v, , 'S0 1 _ X0.°1 fi r' I r �+ iN^ -•�_ - . t..— t 1 1 I i t D 1 g IRON GATE 1111 . 1 1 : O [ C } F . t I. a 1 p k . { 1 c I i i A f 1 • 3 i • t t 4. i k i i i 1 Y 3i F f S i httpi iwww.trortantemotorcondos,com1j8/I3R013 11151444 AM) 1 i ti C i : v Naperville NAPERVILLE PLANNING AND ZONING COMMISSION k AGENDA ITEM CASE; PZC 13-1-077 AGENDA DATE: 11/6/2013 SUBJECT: Iron Gate Motor Condos Petitioner: Iron Gate Motor Condos, Inc; 537 North 1$`Street; Geneva, IL 60134 LOCATION: 2212 Ferry Road,Naperville, IL 60563 l ❑Correspondence ONew Business DOld Business .l Public Hearing SYNOPSIS: The petitioner requests approval of a preliminary/final plat of subdivision, a conditional use to 1 establish a planned unit development (PUD) for Iron Gate Motor Condos, a conditional use to allow automobile service stations and car washes used in conjunction with an automobile service station and eating and drinking establishments in Phase 2, and a preliminary/final PUD plat and associated site development details to develop a condo facility for the storage of vehicles,known 1 as Iron Gate Motor Condos. 1 PLAN COMMISSION ACTION PREVIOUSLY.TAKEN: Date Item No. Action N/A ACTION REQUESTED/RECOMMENDED THIS MEETING: Conduct the public hearing. 1 PREPARED BY: Clint Smith,AICP,Community Planner t EXISTING ZONING,LAND USE,AND LOCATION: The subject property is located on the south side of Ferry Road,approximately 2,000 feet west of the intersection of Ferry Road and Route 59. The 3795-acre property is currently zoned I F (Industrial)and is unimproved pending development.' RELATIONSHIP TO OFFICIAL PLAN OF THE CITY OF NAPERVILLE: The proposed use is consistent with the "Northwest Sector" comprehensive plan's recommendation of Business Park, which includes uses such as office, research and development, light assembly, and warehouse/distribution facilities. It further recommends that commercial uses that support and complement the Business Park uses should also be s supported. , a z i i Iron Gale Motor Condos PZC 13-1-077 November 6,2013 Page 2 of 5 PLANNING SERVICES TEAM REVIEW: The petitioner, Iron Gate Motor Condos, Inc, requests approval of the following for the subject property: • Plat of subdivision of the property,consolidating two lots into one; • A conditional use to establish a new PUD for Iron Gate Motor Condos and approval of a preliminary/final PUD plat and associated development plans;and • A conditional use for Phase 2 to allow automobile service stations and car washes used in conjunction with an automobile service station and eating and drinking 1 establishments. The development of the PUD will be divided into two phases. Phase 1 will include the construction of thirteen(13)multi-unit, auto-oriented storage facilities,which will be operated as a condominium unit,with private owners of each individual unit. The storage units are intended for the storage of high-end automobiles by private collectors and can be internally customized to suit each individual owner. The condominium development is accessed via a private roadway along the east property line and is a controlled access property via a gated entrance at the main entrance. Phase 2 will include the development of the property adjacent to Ferry Road with uses that are in support of the auto-storage condominium units, and could include uses such as the sale and servicing of auto-oriented merchandise that is targeted to owners of luxury automobiles, an auto- themed restaurant, and offices for businesses such as car insurance and auto transportation services(more information regarding Phase 2 is provided below). The petitioner will be required to request a major change to the PUD in the future, which requires a public hearing and Planning •&Zoning Commission review,to develop Phase 2. See table below for area description of each use: use acres Phase 1-Condominiums 10.98 Phase 2 •6.95 Lot A-Storm water management 4.97 Wetland 15.06 Total Site 37.95 Planned Unit Development The petitioner proposes to develop Iron Gate Motor Condos as a planned unit development (PUD) in order to provide flexibility from the zoning/subdivision regulations to facilitate a higher level of design and amenity. The proposed preliminary/final PUD plat and landscape plan meet the design standards and criteria for PUDs. • The property includes a significant wetland area that is located west of the proposed condominiums and will provide natural vistas for condominium owners from balconies and r 3 S Iron Gale Motor Condos—PZC 13-1-077 November 6,2013 Page3of5 i from within the development. The future Phase 2 portion of the PUD will be located to the north of the wetland and will provide an aesthetic natural area for patrons and businesses. • A pedestrian trail (see attachment #4) will be incorporated within the storm water management area(Lot A) on top of a meandering berm that will provide viewpoints of both the stormwater areas and the wetland area. The pathway will connect the Prairie Path regional trail, which is located along the southern boundary of the subject property,to Ferry Road at the north end of the site. The elevated pathway is an amenity that is accessible by both the public and condominium owners. i • Landscaping treatments are incorporated throughout the development in compliance with Section 5-10-3 (Landscaping and Screening) of the Municipal Code. The existing trees located within the wetland area provide significant screening for properties to the west, and, _. together with the 600-foot distance between Phase 1 and the residential properties along the west property line, there is a substantial buffer for neighboring residents. As a note, the petitioner will be required to provide all required landscaping for Phase 2 when plans are submitted. • Overall, the development provides 53% (20.03 acres) of outdoor common area and site amenities, exceeding the 20% minimum requirement for a nonresidential PUD. The open r space is divided between the storm water area (4.97 acres) and the wetland area (14.06 acres). Parking When completed, Phase 1 of the Iron Gate Motor Condos PUD could include up to 296,000 1 square feet(depending on the final custom build out of each unit, which may vary), and, based 1 upon the parking requirement for self storage units, the site will require 118 parking spaces per Municipal Code requirements. ri Per the petitioner,based on other similar developments, condominium owners are likely to park within their individual units, which will be large enough to accommodate multiple cars. To satisfy the parking requirement,the PUD plat reflects the location of the required parking spaces (which at 161 spaces, exceeds the required parking) alongside each building, shown as parallel z parking spaces. Given the unique use of the property, striping of each space will not be required i initially; however, if parking issues arise,the City may require that the parking spaces be striped. In addition to the expected parking demand for condominium owners; the petitioner intends to host a twice-monthly car show for the exhibition of the tenants' vehicles to the public. During those times, visitors to the site will park in front of the condominium units in the area indicated on the PUD plat as parking, while condominium owners will park within their individual units (which range from 800 to 1,600 square feet, although they can be combined to create even larger units). It is worth noting that the condo project will develop as demand warrants, and all 13 buildings will not be built immediately, which will limit the volume of cars involved in the car shows during the initial stages of development. The petitioner has indicated their desire to proceed with the entitlement of Phase 2 within the next year, which when completed, will 1 provide additional overflow parking during the car show events directly north of the condo units. 1 However, in the event that additional parking is required to accommodate visitors,the petitioner has been in conversations with the operators of the CityGate Centre development to potentially t k i Iron Gate Motor Condos—PZC 13-1-077 November 6,2013 Page 4 of S allow overflow parking at CityGate Centre, and the petitioner has stated that an agreement could be arranged to permit visitors to park at that location if need arises. i r Building Elevations The proposed storage units will be constructed primarily with fiber cement plank siding and a 1' cast stone knee wall, both within a neutral color palette of tans and grays. The gabled metal roof will be dark gray and will include several cupolas on each unit as an architectural feature. t Tenants will have a variety of options for their units, including different balcony and window options that allow for a variety of arrangements and sizes and will give each building a distinct look, will maintaining the overall character of the development through the color and design of the overall structures. Garage doors are oversized to accommodate a wide variety of vehicles. but each contains a row of windows that provide an additional accent element. s Overall, staff is pleased with the level of design and features that are provided with the 3 condominium units. It should be noted that the petitioner worked with staff to develop a design that met the needs of the clientele, and was still appropriate for an industrially zoned property `: that was adjacent to both residential to the west and other industrial properties to the east. Conditional Use-Phase 2 Phase 2 of the project, as proposed by the petitioner, will be constructed along Ferry Road and will include services and other commercial uses that are automobile oriented and will cater to the owners of the car storage units. In addition to the permitted uses, such as automobile repair facilities,the petitioner is requesting conditional use approval for automobile•service stations and eating and drinking establishments. Staff finds that the requested conditional uses are in harmony with the overall use of the property and will not have a negative impact on surrounding properties. ' i At this time, Phase 2 is included with the current PUD approval; however, as no controlling I plans have been submitted for approval,the petitioner will be required to request a major change to the PUD and submit all necessary plans for review and approval to proceed with Phase 2. The petitioner is requesting that the conditional use entitlements for Phase 2 be granted at this time in order to verify the uses that may be utilized on the site. It Conditions of Approval . Staff recommends the following conditions of approval: I. If the site experiences issues with insufficient parking, the owner will work with City staff on solutions, which may include options such as the striping of the parking spaces 1 shown on the approved PUD Plat,or entering into an agreement for offsite parking. 2. Parking shall only be permitted on hard surfaces approved by the City engineer. 3. The Petitioner shall be required to process a major change to the PUD in order to adopt ri controlling plans for the development of Phase 2. l Conclusion I The proposed Iron Gate Motor Condos PUD complies with the City's Comprehensive Plan and the design standards and criteria for PUD approval. Staff supports the development subject to the conditions of approval listed above. i i i t i - I Iron Gale Molar Condos—PZC 13-1-077 November 6,2013 Page S of 5 s I ATTACHMENTS: 1. Iron Gate—Application l: 2. Iron Gate—Subdivision Plat 3. Iron Gate—PUD Plat 4. Iron Gate—Landscaping Plan 5. Iron Gate—Elevations&Floor Plan g: 6. Iron Gate—Aerial g I lib&' I i( I li y2 I F I } I i' ij _ k Y5 pj JohnsonEric From: Anthony Pires <APires @wpl-legal.com> Sent: Wednesday, August 19, 2015 7:58 AM To: StrainMark Cc: BellowsRay; JohnsonEric; BosiMichael 1 Subject: RE: CCPC August 20, 2015 Agenda I. f Thanks for the information Mark. We will re-assert our objection to the hearing being held tomorrow. Tony Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax _ apiresPwpl-legal.com Firm Website:www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. 1, From:StrainMark[mailto:MarkStrain @colliergov.netj 1 Sent:Wednesday,August 19,2015 7:53 AM s To:Anthony Pires Cc: BellowsRay;JohnsonEric; BosiMichael _ Subject: RE:CCPC August 20,2015 Agenda a In discussion with the county attorney's office,the process for tomorrow's hearing meets the requirements of the LDC and therefore will not be continued and will remain as scheduled. z Also,the agenda has been set and will remain as posted with the exception that the East Gateway case,9A,has been continued by the applicant. F 1 F 1 Marks y 239.252.4446 I Under FLorida Law, e-mail addresses are pubLic records. If you do not wont your e-mail address reLeased in i response to a pubLic records request, do not send eLectronic mail to this entity. Instead, contact this 1 office by teLephone or in writing. i 3 From:Anthony Pires[mailto:APiresftwpl-legal.com] Sent:Wednesday,August 19, 2015 7:04 AM To: StrainMark Cc: BellowsRay;JohnsonEric; BosiMichael Subject: FW: CCPC August 20, 2015 Agenda 1 1 As you know, I represent the Briarwood Property Owners Association concerning the proposed if amendment to the Briarwood PUD. i if this item is not continued from the scheduled meeting tomorrow, as requested in my letters of ii August 12th and 14th; it is requested that this item be moved up on the agenda, preferably to j be ahead of the sidewalk discussion, as it is anticipated that a large number of interested and concerned residents from Briarwood will be attending; and, I have a long standing pre-scheduled client commitment in Fort Myers beginning at 3:00 p,m. that I must attend. . i The favorable consideration of this request is appreciated. i Anthony P. Pires,Jr. : Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail l; Suite 200 Naples, Florida 34103 r 239-649-6555 Phone 239-649-7342 Fax aoires@wol-leoal.com Firm Website:www.wol-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or ii confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. .. 4. From: Puigiudy[mailto:JudvPuig @colliergov.net) Sent:Wednesday,August 12,2015 4:44 PM To:AhmadJay;ArnoldMichelle;Amy Taylor(School Board);Anthony Cirillo;AnthonyDavid;AshtonHeidi; AuclairClaudine; BealsNathan; Bob Duane(robertrosalba.duanec vahoo.com); BonhamGail;BrethauerPaula; BrockMaryJo; BrownleeMichael; Bruce Anderson(rbanderson@napleslaw.com);Carl W.Suarez;CilekCaroline; CromerAaron; DarcoChristopher; DeaneConnie;Doug Fee;DurhamTim;ErbCindy;FlanaganJim;George Hermanson; George Varnadoe;GrantKimberley;HayesKaren;Hole Montes;JacobsSusan;James Boughton (jboughton @REVnaples.com);Jeanne FrankIn; KlatzkowJeff; Kathy Pratt(info @gregorycourtreporting.com); KendalMMarcia; KullickValerie;KurtzGerald; LantzLorraine;LenbergerSteve;LeonardRoosevelt;Ikoehler@sfwmd.gov; LorenzWilliam; Lucia Martin(Imartinc sfwmd.gov);Majorie Student-Stirling(Stirlinglawfirm@gmail.com); McKennaJack; 1 McKuenElly;Melody Blackthorne;Minutes and Records; MoscaMichele; MottToni; Nicole Ryan Conservancy; Patricia L. Morgan;Patrick Neale(pneale @patrickneale.com); PettitJim; Pritt,Robert; ReischlFred; Rhosie Otero;Robert Mulhere (BobMulhere @HMEng.com);RodriguezDan;RodriguezWanda;NaderSalma;Sandra Palm;SchmidtCorby;Scott Trinity; _ SmithCamden;ZimmermanSue;SuleckiAlexandra;Tara Bishop(tbishop@gnfire.org);Teresa L.Polaski;Theresa Pagan t (tppagan@napleslaw.com);Thomas Eastman(eastmath @collierschools.com);Anthony Pires; Laura Gregg; 4 VanLengenKris;WeeksDavid;WilkisonDavid;YilmazGeorge U Subject:CCPC August 20,2015 Agenda Good Afternoon, Please see attached the August 20,2015 CCPC agenda. i 2 Ain" ett 0)s611/Uc t(Day� g. 4 Pmeei JudyPuig,Operations Analyst Growth Management Department/Operations&Regulatory Management Division 2800 N. Horseshoe Drive Naples,FL 34104 (239) 252-2370 (239)252-6348-Fax JudvPuig @colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 3 i JohnsonEric From: Anthony Pires <APires@wpl-legal.com> Sent: Tuesday, September 08, 2015 4:15 PM To: 'Jessica Harrelson' Cc: Fred Hood; 'tconroy @naplespropertylaw.com'; 'Mwerchek @comcast.net'; Josh Fruth; StrainMark; JohnsonEric; Don Stevenson; Christian Andrea; AshtonHeidi; StoneScott; BellowsRay; SawyerMichael; Kyle Poole; Norman Trebilcock(ntrebilcock @trebilcock.biz); C. Lane Wood (Lane @swbnaples.com); BosiMichael Subject: RE: Briarwood PUDA PL20150000178 (Premier Auto Suites) 3i l Good afternoon. I have forwarded this email to my client and will advise. In the meantime I again on behalf of my client, the Briarwood Property Owners Association, Inc. request and suggest that this proposed meeting be a NIM, noticed, advertised and conducted as a NIM. With regards to the proposed meeting date of September 21st, it appears that there is a level of ,x confidence that this item will not be heard by the CCPC on September 17, 2015. Could you or an appropriate County staff member advise as to the level of certainty that this item will not be heard by the CCPC on September 17th?. As it stands now, it is my understanding that a substantial number of concerned Briarwood residents have marked their and are planning on attending the CCPC on September 17, 2015 for this item. Thank you, Tony Pires Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples,Florida 34103 239-649-6555 Phone 1 239-649-7342 Fax apires@wpl-lecial.com w. y ' Ilk, t Firm Website:www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. From:Jessica Harrelson[mailto:Jessica@ davidsonengineering.com] '' Sent:Tuesday,September 08,2015 12:41 PM To:Anthony Pires Cc:Fred Hood;'tconroy @naplespropertylaw.com;'Mwerchek @comcast.net;Josh Fruth; Mark Strain 1 (markstrain @colliergov.net);JohnsonEric; Don Stevenson;Christian Andrea;AshtonHeidi;StoneScott (ScottStone @colliergov.net); BellowsRay;MichaelSawyer @colliergov.net;Kyle Poole;Norman Trebilcock (ntrebilcock @trebilcock.biz);C. Lane Wood(Lane @swbnaples.com);BosiMichael Subject:RE:Briarwood PUDA PL20150000178(Premier Auto Suites) Mr. Fires, We have met with Collier County staff and are now finalizing the requests to make the application more informative of the land use identified at the CCPC hearing(August 20th 2015). A copy of the application,as requested will be provided to you and your client(the Briarwood Property Owner's Association)for review by the end of this week in order for you to become further informed upon the requested meeting with the Briarwood neighbors. Upon your review of the application,we would like request a meeting with you and the Briarwood constituency on a convenient date and time the week of September 21st. If you would be so kind, please select a date and time and a convenient location to hold the meeting. I have also copied Lane Wood to this email, as he will be representing our client in this land use matter. We look forward to hearing from you. Thank you, Jessica Harrelson Project Coordinator jessica@davidsonengineering.com DAVIDSON E:V UkNUV tNG www.davidsonenciineerincf.com Davidson Engineering, Inc. 4365 Radio Road,Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This email,along with any files transmitted with it,Is for the sole use of the Intended recipient(s). Any unauthorized review,use,retention, disclosure,dissemination,forwarding,printing or copying of this e-mall or attachments is prohibited. £ I From:Anthony Pires(mailto:APires @wpl-legal.com] Sent:Friday,August 21,2015 1:13 PM To:Jessica Harrelson<Jessica @davidsonengineering.com> Cc:Fred Hood<Fred( davidsonengineering.cam>;'tconroy @naplespropertylaw.com' 1 <tconrovi inaplespropertvlaw.com>;'Mwerchek @comcast.net'<Mwerchek@comcast.net>;Josh Fruth <Josh @davidsonengineering.com>; Mark Strain(markstrain @colliergov.net)<markstrain @colliergov.net>;JohnsonEric <EricJohnson( icolliergov.net>; Don Stevenson<don@donstevensondesign.com>;Christian Andrea <christian@aldinc.net>;Ashton Heidi<HeidiAshton(a colliergov.net>;StoneScott(ScottStone@colliergov.net) <ScottStone @colliergov.net>;BellowsRay<RayBellows@colliergov.net>;MichaelSawyer @colliergov.net; Kyle Poole 2 <kvle @aldinc.net>; Norman Trebilcock(ntrebilcock@trebilcock.biz)<ntrebilcock@trebilcock.biz> Subject:RE:Briarwood PUDA PL20150000178(Premier Auto Suites) Ms. Harrelson, I am again (as with my prior emails) copying Tom Conroy on this email as he was mentioned yesterday as an attorney for the applicant in this matter. Tom, as noted at yesterday's CCPC hearing it would be greatly appreciated if all submittals to Collier County on the PUDA and SDP were simultaneously copied to my client and to me. Tony Anthony P. Pires,Jr. Woodward,Pires&Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-legal.com x Firm Website:www.wpl-lecial.com ? This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination,distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From:Jessica Harrelson [mailto:Jessica @davidsonengineering.com] Sent: Friday,August 21,2015 1:10 PM To:Anthony Pires Cc:Fred Hood;'tconroy@ naplespropertylaw.com; 'Mwerchek @comcast.net';Josh Fruth; Mark Strain (markstrain @colliergov.net);Johnson Eric;Don Stevenson;Christian Andrea;AshtonHeidi;StoneScott (ScottStone @colliergov.net); BellowsRay;MichaelSawver @colliergov.net; Kyle Poole;Norman Trebilcock (ntrebilcock @trebilcock.biz) Subject:RE:Briarwood PUDA PL20150000178(Premier Auto Suites) Mr. Pires, We will be meeting with the County to discuss clarifications and consistency with all aspects of the proposed development prior to meeting with you and your client.Once we have those items completed,we will reach out and i confirm the time and date convenient with you,your client and County representation to openly discuss any issues that i Briarwood has with the proposed amendments to the PUD. i We would like to proceed with getting a future date coordinated as soon as possible,so we have ample time to coordinate everyone's schedules on our end. If you wouldn't mind,please provide us with several dates that are convenient for yourself and your client to meet with us.I am certain Briarwood would also like to give their residents a couple of weeks'notice of the meeting as well. Thank you. Jessica Harrelson Project Coordinator jessica@davidsonengineering.com 3 1 11; E Ni# DAVIDSON E racat Nr ERtN(':r www.davidsonenglneerinq.com Davidson Engineering,Inc. { 4365 Radio Road,Suite 201 Naples, FL 34104 ] Phone 239.434.6060 r Fax 239.434.6084 Disclaimer: This email,along with any files transmitted with it,Is for the sole use of the intended recipient(s). Any unauthorized review,use,retention, disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited, i From:Anthony Pires [mailto:APires @wpl-legal.comj ) Sent: Friday,August 21, 2015 10:51 AM To:Jessica Harrelson<Jessica @davidsonengineering.com> a Cc: Fred Hood<Fred@ davidsonengineering.com>;'tconroy @naplespropertylaw.com' 1 <tconrov Pnaplespropertvlaw.com> t Subject:RE: Briarwood PUDA PL20150000178(Premier Auto Suites) Good morning again Jessica. As earlier stated I will contact my client and get back with you. After yesterday's CCPC hearing I anticipate that a meeting date and time would not need to take place until after you and you client have definitely stated and clarified the use(s) you propose for the subject site. f Thanks i Tony i Anthony P. Pires,Jr. Woodward, Pires&Lombardo, P.A. 3200 North Tamiami Trail ' Suite 200 Naples, Florida 34103 '= 239-649-6555 Phone t 239-649-7342 Fax api res @wp l-legal.co m ,. Y- 1 .lavfa;S rfVFl- I Firm Website:www.wol-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or i confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review,dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. k From:Jessica Harrelson [mailto:Jessica @davidsonengineering.com] Sent:Friday,August 21,2015 10:38 AM To:Anthony Pires A 4 i Cc: Fred Hood Subject:Briarwood PUDA PL20150000178(Premier Auto Suites) Mr.Pires, I would like to coordinate with you,to obtain a convenient day&time to hold a meeting with the Briarwood Association and the Residents,to discuss the proposed Premier Auto Suites project. Thank you. Jessica Harrelson Project Coordinator jessica@davidsonengineerina.com DAVIDSON rscsEr�r:r.etN www.davidsonengineerinq.com Davidson Engineering,Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 l; Disclaimer: This email,along with any files transmitted with it,is for the sole use of the intended recipient(s). Any unauthorized review,use,retention, disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. } 5 ) 1 JohnsonEric From: Anthony Pires <APiresp wpl-legal.com> t ii Sent: Wednesday, October 07, 2015 8:28 AM To: JohnsonEric; BellowsRay; AshtonHeidi Cc: StrainMark; TaylorPenny Subject: RE: PUDA - PL20150000178 Briarwood PUDA (Premier Auto Suites) _ Attachments: 2015-10-05 BRIARWOOD PUDA- Submittal Comparison.pdf Importance: High i 1. Thank you Eric. 1. This supports not having a CCPC hearing on October 15, 2015. The Briarwood community and the public as a whole are not well served by this "cramming". 2. Do you have any updated memos as to GMP consistency from David Weeks and/or Marcia Kendall? 3. Do you have a Staff Report for the CCPC that analyzes these significant changes from the original submittal? 4. Do you have a proper Authorization for the Applicant to submit and process this significantly changed submittal? 5. Do you have any further Addenda to the Sales Contract between the applicant and Lowe's? 6. A copy of the referenced CD would be appreciated. Please let me know when I can pick one up. Tony I Anthony P. Pires,Jr. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-legal.com Firm Website:www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination,distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone(call us at 239-649-6555) and immediately delete this message and all its attachments. From:JohnsonEric[mailto:EricJohnson @colliergov.netj t Sent:Tuesday,October 06,2015 4:50 PM 1 To:Anthony Pires 1 Subject:FW: PUDA-PL20150000178 Briarwood PUDA(Premier Auto Suites) t FYI Eric Johnson i. z Principal Planner From:Frederick H. [mailto:hoodfe @gmail.com] Sent:Tuesday,October 06,2015 3:24 PM To:JohnsonEric<Ericjohnson @colliergov.net> Subject:RE:PUDA-PL20150000178 Briarwood PUDA(Premier Auto Suites) fE Eric, Please find attached the comparison sheets that identify the differences between the CCPC hearing documents and the documents prepared for your review submitted via email yesterday and hard copies today. As discussed,columns 1 and 2 are illustrative of the changes made per CCPC request/direction.The second column identifies changes made while coordinating with you and Briarwood and is not represented as an official submittal for review. Lastly,please confirm with the CCPC if additional copies of the original packet provided to them for review are necessary.I received a call from Commissioner Ebert asking if the changes to the original submittal would be significant.Knowing that they would be,I told her yes. If her original CCPC packet has been discarded, we can provide another copy.Please let me know ASAP. A CD with a master file of the most recent changes is on its way to you now. Thanks, Fred. 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'f';'.'i. :L /".gfrAM,-34104.*:1144----&C,''"1.'-'..":tu.,f,.`,.,-.,--"..;1.7 . -,..t.,-''=:,ZH'I-irleVsati'--,",--'-,*'"-*Z..'"■.....V.".i ' ,i.". 4 Slite4.&-'.,A-,';=‘,..42:;.-^4 .-- -17■'ift,.."'"''.----.....A., • . .. ...4.k7.14,01A-'.-,-' '''' --, -':''-',03.:15,' ".-" r'"..` /i...,twa...;4.,:;r4s-X5rzli,.N.,.4...-%tY,--t").7,-- • , , :.,v...,,. , ,i..2."•,-:,i,:,,q..-1,...1,...:,,... 4 ';4'.4. ,441iiir.'''V Ve4i4WV-tiltfrk,.4''''.... ' ._ ' ': . ' • I" .• ..,-,6 .....•'• -:.0 '.. . . . . ., . . . • i . . . , i li SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. I. The sign(s)must be erected in full view of the public,not more than five (5)feet from the nearest street right- of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE:AFTER THE SIGN HAS BEEN POSTED,THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. " I AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED FREDERICK E.HOOD,AICP,SENIOR PLANNER WHO ON OATH SAYS THAT HE/ E HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DE ELO•1 ENT CODE ON THE PARCEL COVERED IN PETITION NUMBER: PUDA- PL2015000017: :A:rwol.d PUD I �til4365 Radio Road,Suite 201 Sig ature o or •_j-nt Street or PO Box Frederick E.Hood.AICP,Senior Planner Naples. FL 34104 Name(Typed or Printed) City,State,Zip it STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this \� day of by Frederick E.Hood,AICP,personally known to me or who produced as identification and who did/did not take an oath, 4 ow. 3/44. JESSICA HARRELSON 1•,±a - Ilk Notary Public•Stale 01 Florida 1 Si: :ture of Not Public ,• •=My Comm,Expires May 18,xDiB •1 Commission N Ft 019254 �(� ''7u',N• Bandsd Through National Notary Man, %VU � J S \ Printed Name of Notary Public My Commission Expires: (Stamp with serial number) : , -. tf;p:,..,•,,,--c!..'„'',-: ,-„-: }fig %'t ., P 4 w.'t, Agz. sue „ � ' 05 ii '. •g:. ..;„,4:,.. 1.,,...: .,..1,....... ..L . , . , _„.:_..,„,:.Jw ex t, , ., r f r� - cr � '' - -.• -- ..g.Z....-- •�1I1�: f. #-- Xrgg3 ma y$ .. Ar R - ',g F 4 . m a� l FC M s F �: � s . rj s J .fir (y g 1 1 f. • 1 ii 1. $ it r • It .,- f � � sY y FF 4 l,•,26L7tf1.1ituFi4fl.41.x1illi.,-.1t,t0tt11"..,,:.:.;t;.::.•,.....:.•.7.:..•:i.:.:.,1.,.,,::.,,;4:•.::i.:-....-:.4,]ip;ii•41e0 • t l # : 0{ 441 ' r - Imo, 3. • z k 4 fi 'W.�• i.. .. a !r L `.� #, i . 4,r 1x VI Y•.7T i N 1 1 J I 3 I 3 JohnsonEric From: Keith McCullen <kmac8852 @gmail.com> Sent: Monday, August 17, 2015 2:01 PM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; TaylorPenny Subject: oppositon to Briarwood PUDA-PL20150000178 I Dear Commissioners, I is l live in the Briarwood Community and am writing you today to express my concern of the Premier Auto Suites project (Briarwood PUDA-PL20150000178). I want it to be clear that I do not support the design and use of the property as the Developer has presented with misleading presentations in multiple meetings with the Briarwood Community and ! Briarwood Architectural Review Committee(ARC). I would hope that the Collier County Planning Commission(CCPC) would deny this petition based on the following points; t • The original PUD has the land used as community commercial that would benefit the residents in the area. 3 • The developer's proposal is experimental in use and is inconsistent with established residential area;the proposal would be better suited in a light industrial area. • A doubling of the allowable square foot usage requirements is being requested,making the project take up an j d unacceptably large ratio of building to land usage. • Major loss of all natural habit in the area and no reserve area planned. • Elimination of Briarwood's rights to Architectural Review I ) I i • The project would have negative long term impact on job creation for the area. I I hop e you will thoughtfully consider my reasons for opposing the project and thank you for your time. I IF Keith McCullen, home owner since 2012 S. 1309 Briarwood Court Naples,Florida } 4 3 i • 1 } JohnsonEric I Y, From: Keith McCullen <kbmccullen @yahoo.com> Sent: Monday, August 17, 2015 2:13 PM To: TaylorPenny; StrainMark; Ebert Diane; DoyleBrian; RomanCharlette; BellowsRay; JohnsonEric; WilkisonDavid; HomiakKaren; ChrzanowskiStan; StoneScott; BosiMichael Subject: Briarwood PUDA- PL20150000178 I Dear Commissioners: One Friday, August 15, 2015, I received a letter from Davidson Engineering asking for our support for y A the planned development (Petition Number: PL20150000178) of Premier Auto Suites of Naples, LLC. 3 g Today, Monday, August 17, 2015, I am asking for your support to deny this planned development as this operation would be more appropriately located in an industrial zoned district rather than in a residential area, and also, now they are asking for an increased floor area/size which will take away from the GREEN area We live in the Briarwood development along Livingston Road and would probably not have considered residence here if we had knowledge that this type of development would be allowed to be constructed here. Please, I ask for your help to protect and preserve the architectural review over this ??I commercial area by denying Premier Auto Suites of Naples, LLC request. Thank you for your time and consideration, Beth McCullen .4, 1309 Briarwood Court 1 Naples, FL 34104 y; Sent from Yahoo Mail for iPad I I fi 1 1 i u x Johnson Eric g ` y From McLE <naples.pns @gmail.corn> j Sent: Monday, August 17, 2015 2:17 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; ChrzanowskiStan; StoneScott; BellowsRay; JohnsonEric; BosiMichael; t. WilkisonDavid; TaylorPenny Subject: Oppositon to Briarwood PUDA-PL20150000178 j I Dear Commissioners, I am the proud owner of 4 properties in the Briarwood Community and am writing you today to express my concern of the Premier Auto Suites project(Briarwood PUDA-PL20150000178). I want it to be clear a that I do not support the design and use of the property as the Developer has presented with misleading I presentations in multiple meetings with the Briarwood Community and Briarwood Architectural Review i Committee(ARC). I would hope that the Collier County Planning Commission(CCPC)would deny this petition based on the following points; • The original PUD has the land used as community commercial that would benefit the residents in the area. I • The developer's proposal is experimental in use and is inconsistent with established residential area;the proposal would be better suited in a light industrial area. • A doubling of the allowable square foot usage requirements is being requested,making the project take up an unacceptably large ratio of building to land usage. • Major loss of all natural habit in the area and no reserve area planned. • Elimination of Briarwood's rights to Architectural Review. • The project would have negative long term impact on job creation for the area I I hope you will thoughtfully consider my reasons for opposing the project and thank you for your time. B Property Addresses; 1265 Briarwood Court 1353 Briarwood Court 934 Marble Drive 1088 Tivoli Drive j Keith McCuIlen,Managing Member 4 McLE,LLC 1309 Briarwood Court i Naples,Florida I i I , 1 i s 3 E k N JohnsonEric 1 1 From: Patricia Potter <pjpotterfree @aol.com> I Sent: Monday,August 17, 2015 3:26 PM I To: StrainMark; DoyleBrian; EbertDiane; HomiakKaren; f chariotteroman @colliergov.net; BellowsRay; JohnsonEric; g davidwilkson @colliergov.net; ChrzanowskiStan; v scottstone @colliergove.net; BosiMichael; TaylorPenny q Subject: Briarwood PUD Amendment & Premier Auto Suites i F 1 11 Dear Members of the Planning Commission and Commissioner Taylor, I am a resident of the Briarwood community and subject to the existing Briarwood PUD. When I considered purchasing a home in Briarwood back in July 2000(over 15 years ago), I actually wrote into the Purchase/Sale Contract a contingency x that I had 14 days from receipt to read the Briarwood PUD, reviewed the flood maps,and read the Declaration of :, T Covenants for the Briarwood community itself. If any of those documents were not to my liking, I had the absolute right to 1 t cancel the contract and receive my earnest money deposit back in full. I was then,and continue to be,well aware that the covenants that run with the land and the development around that property have an major impact on both value and ability I to resell the property. 3 At the time of my review in 2000,the use of the property at Radio Road and the yet to be built Livingston Road was described as the"Briarwood Shopping Center" even though it was being used as a golf driving range at the time. In i deciding whether the"Briarwood Shopping Center"was a plus or a minus given the already close proximity of i the industrial park and municipal airport, I carefully read what was allowed to be constructed according to the Briarwood 1 PUD. Two portions of the Briarwood PUD convinced me that the"Briarwood Shopping Center"would not be a negative t impact on my proposed purchase. First,the Brlarwood community's architectural committee would have to approve l the development. This meant that either the Briarwood Developer or my fellow residents would have meaningful input j Into the"Briarwood Shopping Center"and be able to protect my property values from an undesirable use of the 1. "Briarwood Shopping Center." Additionally, the use restrictions themselves meant that more likely than not,the"Briarwood Shopping Center"would i I consist of maybe an anchor store and a series of small private businesses and/or franchises offering services to residents of Briarwood and the surrounding communities such as a Panera Bread, a restaurant,coffee shop,dry cleaner, hair and l nail salon, etc. Further, having worked for a company in Illinois that redeveloped shopping centers, I knew that even if the i original developer of the"Briarwood Shopping Center"failed or had financial difficulties at some point in the future, i I another developer would come in and take over the development, repair and give an attractive face lift to the building and parking lot,and fill the shopping center with tenants on intermediate and long term leases. Additionally, by 11 p.m.each 4 1 evening,the location would be essentially quiet as the businesses closed overnight. Thus,the"Briarwood Shopping Center"would be a plus by offering services to and within walking distance of the community as well as creating jobs and 1 `- if business opportunities for the residents of Collier County. Further the proposed road from Radio to Golden Gate(later 1 Livingston Road)would provide both a quick access to the planned 1-75 interchange and a physical buffer/demarcation I i between the Briarwood community and the industrial park to the west. r Based on my review of the documents, I closed on my house in August 2000 and have lived there as a full time resident 1 ever since. In the over 15 years that 1 have lived in Briarwood, I never once believed that the County would approve a i high intensity warehouse use on the corner of Radio and Livingston Road over the objections of the Briarwood architectural review committee. Further, I am stunned County Government would now re write the Briarwood PUD to take away the architectural controls because the committee objected to an overly intense development of the property. would NEVER have purchased in Briarwood if I had known that the County would overwrite the Briarwood PUD to 1 allow a high intensity warehouse use on the corner of Radio Road and Livingston Road and eliminate the protections contained in the Brlarwood PUD that I relied on. I The proposed use as an auto, boat, RV, and whatever else storage facility belongs in the industrial park west of i Livingston Road or on Horseshoe Drive not next to a residential community. In fact, after doing a"google"search of these i t types of facilities, I could not find a single one that was located in or near a residential community. In fact,all of them are located in industrial or commercial neighborhoods. The use is simply not appropriate near a residential community. i 1 I3 • The use intensity of this warehouse development cannot be overstated. The proposed use covers almost the entire parcel and involves the trucking in of massive amounts of fill to build up the property prior to construction as opposed to creating fill by digging a retention pond/lake on the property itself. Further,the plan cuts down the preserve with mature trees that currently buffer Briarwood from the proposed development simply to increase the intensity of the development. Additionally,since the April 2015,community meeting,the warehouse developer has added another 50,000 square feet to the project and reduced the amount of landscaping with further reductions likely through the warehouse use designation. The residents of Briarwood were not advised of the changes to the proposed development or that the Southwest Florida Water Management District permit made the residents of Briarwood financially responsible for water issues at, on,and resulting from the warehouse project as the Association is listed as primary applicant WITHOUT the Association's prior knowledge or consent. Additionally,this developer has refused to consider any modifications to the • proposed development, answer specific questions regarding the use after development assuming approval, or what happens if the pre-sales are not sufficient to fund construction. The last thing the residents of Briarwood need is this high intensity use warehouse facility on its border. Therefore, PLEASE reject the proposed amendment to the Briarwood PUD and the proposed warehouse next to a residential community on August 22, 2015, and encourage the developer to build the warehouse in one of the County's industrial areas where it belongs. Very truly yours, Patricia Potter 1541 Vintage Lane Naples, FL 34104 pjpotterfree@aol.com F { 2 I JohnsonEric 1 From: Simon <emerysimon@hotmail.co.uk> i Sent: Tuesday, August 18, 2015 3:05 AM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; ChrzanowskiStan; i RomanChariette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; t WilkisonDavid; TaylorPenny 1 Subject: Land at the corner of Livingston and Radio Roads I am writing to raise my serious concerns following the request by a local developer requesting major changes z` on the land at the corner of Livingston and Radio Roads.I own a property on Marble Drive on the Briarwood I i development. I am concerned because I 5 i • The developer refused to make any changes to the plan except adding a small number of small frees, even though they will remove large areas of trees. i X' • The developer is requesting to double the allowable building size by more than 100,000 square v' feet(nearly 3 extra acres of buildings)and radically change the use eliminating the Briarwood residents' commercial center completely. • The developer is asking to remove Briarwood residents'rights in the PUD for architectural review. • The developer will not agree to save buffer trees solely so they can build a much larger project. • The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. • This project will negatively impact our property values. 1 • Accepting the water runoff makes Briarwood liable for the environmental impact. ! • The proposed project strips the property of its native vegetation and trees. i Please would you reconsider the plans fpor the use fo this land to take into account the concerns of property i i owners on Briarwood. ' i i Regards 1 i Simon Emery i , Marble Drive owner i Simon Emery i Mob:07946642998 i f ! I t i f ti ii Et E 1 1 I JohnsonEric g 1 From: Eileen Lane <eileenj_lane @hotmail.com> Sent: Tuesday, August 18, 2015 8:11 AM To: JohnsonEric Subject: Briarwood meeting We absolutely object to the proposed changes taking place especially the removal of trees and water into our lakes Sent from my iPad J_Lane@hotmail.com www.flamingopalmsnaples.com i. 1 i i . I a a fi � g�g )� 3 1 1 1 JohnsonEric 1 From: BellowsRay Sent: Tuesday,August 18, 2015 9:21 AM t x To: JohnsonEric Cc: BosiMichael Subject: FW: Briarwood meeting 1 1 i F 5 FYI Ray Raymond V.Bellows,Zoning Manager Zoning Division-Zoning Services Section Growth Management Department—Planning&Regulation Telephone: 239.252.2463;Fax:239.252.6350 --Original Message From:Eileen Lane[mailto:eileen j_lane@hotmail.com] i Sent:Tuesday,August 18,2015 8:11 AM To:BellowsRay Subject:Briarwood meeting 1 1 We absolutely object to the proposed changes taking place especially the removal of trees and water into our I lakes t f t Sent from my iPad 4 Eileen_J_Lane@hotmail.com www.flamingopalmsnaples.com t i : Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by r3 telephone or in writing. 1 1 JohnsonEric From: Rose Anne <rozanfl @comcast.net> Sent: Tuesday, August 18, 2015 9:43 AM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; k WilkisonDavid; TaylorPenny Cc: Alcott, Rose Anne;Alcott, John; Briarwood, Info Subject: Premier Auto Suites Members of the Collier County Planning Commission and Collier County Commissioner -- District 4, t We are writing to you as concerned residents of Dover Parc in 1 i Briarwood. We are full time residents and have have lived in Briarwood for twenty years. Dover Parc is the abutting community to the proposed 1 Premier Auto Suites. When the project was presented to us, it seemed a 3 1 feasible possibility for the use of this land. However, recently we have 1 i been made aware of several changes to the original proposal. Below are 3 the issues that concern us at this time. ; 1. Environmental Issues ` I I a. The lack of a Retention Lake/Pond could possibly dump excess water i 1 runoff into Briarwood Lakes making Briarwood liable for Environmental r Impact Issues. i b. Removal of a large area of native vegetation and tree buffer 1 abutting Briarwood and Dover Parc Property, which currently helps absorb run off water. i 2. Changes to PUD a. Removal of residents rights for PUD Architectural Review. b. Similar projects, not only in Florida, but throughout the US are situated in an Industrial Setting. Perhaps Premier Auto Suites would be better suited in an Industrial PUD. 5 Thank you for your consideration in this matter, John and Rose Anne Alcott 379 Dover Place #601 Naples, FL 34104 239-262-1330 1 I I z A. , t f JohnsonEric 1 i From: BosiMichael 1 I Sent: Tuesday, August 18, 2015 10:04 AM To: JohnsonEric i i Subject: FW: Briarwood PUD Amendment& Premier Auto Suites } 1 I i s fyi r. From: Patricia Potter [mailto:pjpotterfree@aol.com] Sent: Monday,August 17,2015 3:26 PM 4 To: StrainMark; DoyleBrian; EbertDiane; HomiakKaren; charlotteroman @colliergov.net; BeliowsRay; JohnsonEric; a fi davidwilkson @colliergov.net; ChrzanowskiStan; scottstone @colliergove.net; BosiMichael;TaylorPenny Subject: Briarwood PUD Amendment&Premier Auto Suites i Dear Members of the Planning Commission and Commissioner Taylor, ll I am a resident of the Briarwood community and subject to the existing Briarwood PUD. When I considered purchasing a home in Briarwood back in July 2000(over 15 years ago), I actually wrote into the Purchase/Sale Contract a contingency that I had 14 days from receipt to read the Briarwood PUD, reviewed the flood maps, and read the Declaration of r ? Covenants for the Briarwood community itself. If any of those documents were not to my liking, I had the absolute right to t s cancel the contract and receive my earnest money deposit back in full. I was then, and continue to be,well aware that the covenants that run with the land and the development around that property have an major impact on both value and ability a to resell the property. i At the time of my review in 2000,the use of the property at Radio Road and the yet to be built Livingston Road was k described as the"Briarwood Shopping Center"even though it was being used as a golf driving range at the time. In deciding whether the"Briarwood Shopping Center"was a plus or a minus given the already close proximity of 1 v the industrial park and municipal airport, I carefully read what was allowed to be constructed according to the Briarwood PUD. Two portions of the Briarwood PUD convinced me that the"Briarwood Shopping Center"would not be a negative impact on my proposed purchase. First, the Briarwood community's architectural committee would have to approve the development. This meant that either the Briarwood Developer or my fellow residents would have meaningful input into the"Briarwood Shopping Center"and be able to protect my property values from an undesirable use of the "Briarwood Shopping Center." I ii. Additionally,the use restrictions themselves meant that more likely than not,the"Briarwood Shopping Center"would i consist of maybe an anchor store and a series of small private businesses and/or franchises offering services to residents I of Briarwood and the surrounding communities such as a Panera Bread, a restaurant, coffee shop,dry cleaner, hair and nail salon,etc. Further, having worked for a company in Illinois that redeveloped shopping centers, I knew that even if the , l original developer of the"Briarwood Shopping Center"failed or had financial difficulties at some point in the future, another developer would come in and take over the development, repair and give an attractive face lift to the building and parking lot,and fill the shopping center with tenants on intermediate and long term leases. Additionally, by 11 p.m.each F _ evening,the location would be essentially quiet as the businesses closed overnight. Thus,the"Briarwood Shopping 1 - Center"would be a plus by offering services to and within walking distance of the community as well as creating jobs and i business opportunities for the residents of Collier County. Further the proposed road from Radio to Golden Gate(later , Livingston Road)would provide both a quick access to the planned 1-75 interchange and a physical buffer/demarcation t between the Briarwood community and the industrial park to the west. i s i r1 1 y ' Based on my review of the documents, I closed on my house in August 2000 and have lived there as a full time resident I ever since. In the over 15 years that I have lived in Briarwood, I never once believed that the County would approve a high intensity warehouse use on the corner of Radio and Livingston Road over the objections of the Briarwood . architectural review committee. Further, I am stunned County Government would now re-write the Briarwood PUD to take i away the architectural controls because the committee objected to an overly intense development of the property. I would NEVER have purchased in Briarwood if I had known that the County would overwrite the Briarwood PUD to 1 1 1 i allow a high intensity warehouse use on the corner of Radio Road and Livingston Road and eliminate the protections contained in the Briarwood PLJD that I relied on. The proposed use as an auto, boat, RV, and whatever else storage facility belongs in the industrial park west of Livingston Road or on Horseshoe Drive not next to a residential community. In fact, after doing a"google"search of these types of facilities, I could not find a single one that was located in or near a residential community. In fact, all of them are located in industrial or commercial neighborhoods. The use is simply not appropriate near a residential community. The use intensity of this warehouse development cannot be overstated. The proposed use covers almost the entire parcel and involves the trucking in of massive amounts of fill to build up the property prior to construction as opposed to creating fill by digging a retention pond/lake on the property itself. Further,the plan cuts down the preserve with mature trees that currently buffer Briarwood from the proposed development simply to increase the intensity of the development. Additionally, since the April 2015,community meeting,the warehouse developer has added another 50,000 square feet to the project and reduced the amount of landscaping with further reductions likely through the warehouse use designation. The residents of Briarwood were not advised of the changes to the proposed development or that the Southwest Florida Water Management District permit made the residents of Briarwood financially responsible for water ±. issues at, on, and resulting from the warehouse project as the Association is listed as primary applicant WITHOUT the Association's prior knowledge or consent. Additionally, this developer has refused to consider any modifications to the a. proposed development, answer specific questions regarding the use after development assuming approval, or what happens if the pre-sales are not sufficient to fund construction. The last thing the residents of Briarwood need is this high intensity use warehouse facility on its border. Therefore,PLEASE reject the proposed amendment to the Briarwood PUP and the proposed warehouse next to a residential community on August 22,2015,and encourage the developer to build the warehouse in one of the County's industrial areas where it belongs. Very truly yours, Patricia Potter 1541 Vintage Lane Naples, FL 34104 pipotterfree(&2ao].com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. } 2 r. 3 5 JohnsonEric iF �! From: StoneScott Sent: Tuesday, August 18, 2015 10:17 AM To: JohnsonEric 1 Subject: FW: Emergency Briarwood Owners Meeting i i FYi,you didn't receive this. il 1 Scott A.Stone 1 Assistant County Attorney 1 Collier County Attorney's Office (239)252-5740 From: summertime343764 [mailto:summertlme343764 @aol.cornl i. Sent: Tuesday,August 18, 2015 6:02 AM To info@bpoanaples.com; pennytalor @colliergov.net; StoneScott; HomiakKaren i i Subject: Re: Emergency Briarwood Owners Meeting I r. Hello, since we are in Germany at the moment, we cannot attend the meeting today. Therefor we are writing on behalf of two owners i i 1 Franz Peter and Anneliese Kuther, 911 Briarwood Blvd. Naples, Fl. 34104 g Peter and Gerda Graichen, 933 Briarwood Blvd. Naples, F1. 34104 i that we strongly disagree with what the developer has in mind. Please, take our stand and defend us. t Best regards i 1. Lil: Anneliese and Franz Peter Kuther l = s i I 9 1 tt summertime343764@aol.com i --Urspri ngliche Mitteilung-- Von: Briarwood Property Owners Association<info @bpoanaples.com> An: summertime343764<summertime343764t aol.com> 3. 1 I } 1 t s Verschickt: Di, 18 Aug 2015 12:00 am Betreff: Emergency Briarwood Owners Meeting i 2 1 • :.- t is ... ..:• . . . K a 5. T Dear Resident, The Briarwood Architectural Review Committee(ARC)would like your immediate attention.A local developer is requesting major changes on the land at the corner of Livingston and Radio Roads. The ARC has very serious concerns with the proposal. I Here are some of the reasons the ARC has concerns with this project: s il i • The developer refused to make any changes to the plan except adding a small number of small trees,even though they will remove large areas of trees. • The developer is requesting to double the allowable building size by more than 100,000 square feet(nearly 3 extra acres of buildings)and radically change the use eliminating the Briarwood residents'commercial center .. completely. f • • The developer is asking to remove Briarwood residents' rights in the PUD s for architectural review. • The developer will not agree to save buffer trees solely so they can build a :. much larger project. • The developer is not adding a retention lake(so they can build more buildings) and will dump excess water into Briarwood's Lakes. :. • This experimental project is allowed in an industrial area,not in a residential neighborhood. t • This project will negatively impact our property values. 1 • Accepting the water runoff makes Briarwood liable for the environmental - impact - • The proposed project strips the property of its native vegetation and trees. We need your help!Please attend this very important informational meeting on - Tuesday,August 18th at 5:30 PM at the Briarwood Clubhouse. Can't attend the -• meeting?Email the members of the Collier County Planning Commission and your Collier County Commissioner,and voice your concerns today! Collier County Planning Commission - • Markstrain(a),colliergov.net ,. I 2 l I ; !. • i i' •-'..: .•:.'".::'.. ' -..C:'....;%:':.-.;: ..■'.:?.....!:',1-:..'..i....i.:':::;.'-::.■::.';J;.:■!ii.'..:!'!.•!.,.]:':,::;!''.."...!....1...i!.:.1-..,,:.:::'..7::'.....:.t...::.'"■■:":',■...'.... .. :.,,•••••:•:...,. - : :... ::,.,!:;:i..,.,:,::::. ..:,, . ..i..."::.:':■;:.:'• . Karenl-lomiak@colliergov.net .:!.:•:.: -:i•:i.::: DianeEbert@colliergov.net .:.:'. •::::-.:•'Y.:: .1 • ':::E.;'':::E•:.:.,:-,-- BrianDoyle@colliergov.net . '•.:' •'' -•:':' StauChrzanowski@colliergov.net ,:: 5:.:•:•.:: L:.: 1 i CharletteRoman@colliergov.net '• ':.: :...•:.•:.:•:. ScottStoneacolliergov.net 1 1 -:•:-::;:-.....::::::.*:.:• RayBellows@colliergovnet ,::::::•::,:'.::..: 1 i '-: ';:-;:::::].::•;.... EricJohnson@colliergov.net : -• • -- I .c...'::: :,:::•••:- Michaell3osi@colliergov.net .::.':.:-.:::::'..'•'.::.•':::.... i i '..::-.•,••:-.':• ••• DavidWilldsonacolliergov.net I i :.•::-:-:"Jr..:"::::::::.- ;:,:"...-.7.:::'::::-• . :;•:••::::.:-:::.: • ::::::::.:: :.• , Collier County.Commissioner-District 4 .,.::.:•:.:::....i. '''''' .•'Yr.' pemwtaylore,colliergov.net .!::::::.:::•.:..;:'F: a 1 ' •f:!:.:i•:.,:,.-• a. g We hope to see you Tuesday,August 18th at 5:30 PM at the Briarwood Clubhouse. .::•••.::.:.... i „_ _, $ I :.:.::-.-:•::::.. :•:: -:r:::•:.::::.:•.'.:::::- #. i . . , Regards, .1".•:::.:::.:-:.•:•:-. •-:.:':-.:-::::;::1-C'; 1 ... Nick Lichter,CAM.CMCA ''. = I Manager •.:•:..:,:.:::!::.;.::- , i .:.'::•' "''...: Briarwood Property Owners Association,Inc. • !::::-:".'; !•s'; ;. 335 Skelly Road : ,::-•---••::: •'.:r: '-',.1.... Naples,FL 34104 .:::::::•.::::,::-:•:. I i (239)450-0908 -••••i:•:,::.:::•:-::: 1. i 1 l •::::..::;.,.,..•:- i = :':: :.:,..:•::.:•:. ,. :, :,::: ••:.-f .:: , i :1 ::,:••:'.;:•::•:'.::.•:: ,:::::::..:k..:•:-.., • -•:...,.-....:.: 1 :. •:-.:::'.....:•j1.• : :::-.-:, : : 1 i. '....;:.•:::::;:•:::::. .y...:::•::- ...,. 1 1 • . • : ...•,.:..:.,:.:----.-:1.i.,...a••• ...::::.:::--i:,:,::-::E.:., :-.:-:::::::::.:•:-.:. ‘••-•-,:-::::.: ,•,•::::--::.:.:.,-.:•,.. : . -....2:....,„:-.. :.::.,. .:,f::::_.-:•::.::::..:::...,.:-:•:-:: :.;::.: :•••:,:,•::,.:::•::-:;:.',-.:- :::.;.;:%.:-::•-•••.::::,,.7:.:;:.:•.:..i......::::-:.:.! :-:-:,--::•:?•%.....,,?,-...:--4:::...::.::: . :•!...,:::.......:,..:.:.;::...-.:::..:. :.: I it ... . - .. . . a ,11 Forward this email i 1 I .1 anafaikrAtbrealbs' This email was sent to summertIme3437640aol.com by InfoCabooanaoles.com Update Profile/Email Address I Rapid removal with SafeUnsubscribe' I About our service provider. i ;,.,1i4lo pl...str...krzoit-fmtt/..e.,7, i 4.'aftillOirCaNfiXt 1 li. hy it iitt ,ft.ay.t i Briarwood Property Owners Association I 335 Skelly Road I Naples I FL 1 34104 ; I . i I ---,---.....---------------.--..— 1 1 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send i 1 electronic mail to this entity.Instead,contact this office by telephone or In writing. i I i I 3 i I 1 i 1 f f 1. 1 1 JohnsonEric i I From: Armand Pepper<acpep @comcast.net> Sent: Tuesday, August 18, 2015 10:35 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; 1 RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; TaylorPenny Cc: acpep @comcast.net Subject: construction t I I My wife and I were the first family to live in Briarwood. At the time we purchased our home in 1991 we were aware of Livingston Road being part of future development. There was ever assurance that the property on the corner of Radio Road and Livingston Road was to be developed within the zoning appropriate to residential communities. 1 M b The proposed development for this property does not belong in a residential area. The size of the proposed buildings, the lack of 1 3 suitable landscaping, the lack of their own retention pond, the excess traffic and noise that will be created and the lights that will directly i shine into our condos all will adversely affect the Briarwood ti I development. 1 We urge you not to allow the developer to proceed with his proposed 1 construction. Thank you. 1 Mr. and Mars, Armand Pepper F i 856 Coldstream Court 1 Y i i S: i } D 1 i 4 I i #d 1 1 i £ 1 JohnsonEric From: jawynn <jawynn @rochester.rr.com> Sent: Tuesday, August 18, 2015 10:56 AM 3 z To: HomiakKaren; EbertDiane; DoyleBrian; TaylorPenny; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; li WilkisonDavid a i Cc: BPOA Manager i Subject: Re: Emergency Briarwood Owners Meeting i I g 9 Dear Representatives, Based on the information provided by the developer, I am not in favor of this project going forward g without modifications to the current plan. The project has many concerns as explained below that : need to be addressed before this project is allowed to proceed. i f 5 P z i' t As an owner in the Briarwood community, I hope you will make sure that the Briarwood Property j Owners concerns are properly addressd before permitting the project to proceed. 1 '; Jeffrey Wynn 2042 Terrazzo Ln. Naples, FL i 4 I. -----Original,Message-7.-- i --- :. :... .. . From:Briarwood Property Owners Association " To:jawvnnArochesterrr.com Sent: Monday,August 17,2015 6:00 PM Subject: Emergency Briarwood Owners Meeting I. R 1 L a Dear Resident, g r The Briarwood Architectural Review Committee(ARC)would like your immediate attention. A local developer is requesting major changes on the land at the corner l. q• of Livingston and Radio Roads. The ARC has very serious concerns with the " . proposal. = Here are some of the reasons the ARC has concerns with this project: :-.::-. -::::::::, i I. s 1 I is .. i :..:•.-- • The developer refused to make any changes to the plan except adding a small number of small trees,even though they will remove large areas of trees. - • The developer is requesting to double the allowable building size by more than 100,000 square feet(nearly 3 extra acres of buildings)and radically a; change the use eliminating the Briarwood residents'commercial center completely. y • The developer is asking to remove Briarwood residents'rights in the PUD for architectural review. I • The developer will not agree to save buffer trees solely so they can build a much larger project, • The developer is not adding a retention lake(so they can build more buildings) l and will dump excess water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. t • This project will negatively impact our property values. '' - • • Accepting the water runoff makes Briarwood liable for the environmental impact. • The proposed project strips the property of its native vegetation and trees. 1. We need your help!Please attend this very important informational meeting on Tuesday,August 18th at 5:30 PM at the Briarwood Clubhouse. Can't attend the meeting?Email the members of the Collier County Planning Commission and your Collier County Commissioner,and voice your concerns today! i Collier County Planning Commission Markstraina,colliergov.net t Karenflomiak@colliergov.net I. DianeEbert@coIliergov.net BrianDovle(a�colliergov.net J i StanChrzanowski@colliergov.net CharletteRoman.@,,colliergov.net I ScottStone@colliergov.net Rayllellows@colliergov.net •• 1 EricJohnson@colliergov.net MichaelBosiQcolliergov.net - 1 DavidWilkison@colliergov.net Collier County Commissioner-District 4 = I pennvtaylor@colliergov.net I 3 We hope to see you Tuesday,August 18th at 5:30 PM at the Briarwood Clubhouse. 1 s i Regards, , Nick Lichter,CAM.CMCA 2 '21 I ti. I I. ti ::'''-'. :: ''..• ' .,%-:: : :: :-:).... t 2. •'• - ": • '' Manager .-:•:. •:::•::: .r.., , •.:,.:.:-..:• $ Z R t t ' " .• ' 1 1 Briarwood Property Owners Association,Inc. 335 Skelly Road Naples,FL 34104 ..",..,••.::,:: (239)450-0908 1 , ' c'.;":ir.,: :: 5.: "i•-"...%. i : • • •• , , - 1 i 4- ;!,:.;-'1::..r:., • ., .f. Forward this email 1 Li 1 .! . ; This email was sent to jawynn@rochester.rr.com by infoebpoanaoles,com I - .,... Update Profile/Email Address I Rapid removal with afeUnsubsctibeTM I About our service . . provider. - 6 I ;1 I al i i i I: Briarwood Property Owners Association I 335 Skelly Road I Naples I FL I 34104 i F 1 1 1 .1 •i g i I 1 I t 1 , g • 1 .';. 1 ii il :.'. 1 :1 I 1 1 1 i i I i i ,r , R i 1 1 i I 1 I 1 2 I 1 1 i 1 1 i I i 3 f , - g 1 ' 1 I t B t E JohnsonEric i i i From: Jessica Harrelson <Jessica©davidsonengineering.com> t Sent: Tuesday, August 18, 2015 11:15 AM To: JohnsonEric t it Cc: Fred Hood t Subject: Briarwood PUDA Attachments: 2015-08-17 Cooper Support Ltr.pdf; 2015-08-17 Kabella Support Ltr.pdf; 2015-08-17 Miller Support Ltr.pdf; 2015-08-17 Strenfel Support Ltr.pdf; 2015-08-18 Donovan Support Ltr.pdf 4 I ii 1 r Eric, .i Attached are letters of support received over the last couple of days. ;: 1 v Thank you. i i i is Jessica Harrelson i i Project Coordinator t i iessica(a�davidsanengineerinq.com 1 i i f 3 ` k ii: DAViDDSON www.davidsonenoineerinq.com Davidson Engineering,Inc. 4365 Radio Road,Suite 201 I Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 i I Disclaimer This email,along with any files transmitted with it,is for the sole use of the intended recipient(s). Any unauthorized review,use,retention, t disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. I x f a 1 I h 3 3 C 3 i f I 1 i 3 I I i S n 1 I 11 f }� f i i £ 1 1 1 I j q1 3 $ August 10,2015 3 3 i Y Dear Commissioners, live in the Briarwood community and am writing you today to express support of the Premier Auto Suites project(Briarwood PUDA-PL20150000178). My support for this project comes from the design and use of the property that the Developer has consistently presented in the multiple neighborhood Information meetings. 1 believe that the Premier Auto Suites project will be less intensive and intrusive than some of the alternative commercial options that are allowable within the Community Commercial District of the Briarwood POD. Given all of the information provided to my neighbors and I,lam excited to see this project move forward. Thank you. I Sincerely, FSA h 2, G'adfrle... Printed Name ( { l I C, I I t i I I 1 L I 5. a 1 August 10,2015 i . i is 1 j d L . • Dear Commissioners, • - 'l live in the Briarwood community and am writing you today to express support of the Premier Auto Suites z project(Briarwood PUDA-PL20150000178), My support for this project comes from the design and use i V of the property that-the Developer-has consistently presented in-thecmtltiple-neighborhood information- meetings. I believe that the Premier Auto Suites project will be less intensive and intrusive than-some of V the alternative commercial options that are allowable within the Community Commercial District of the i l • 1 Briarwood PUD. I Given all of the information provided to my neighbors and I,I am excited to see this project move forward. i i Thank you. 3 . i Sincerely, F illi* . 04741(Q- . ._ 1 t i Y . j ..-_-_-_-_-.---0.-/,1 - .A 6 . . _ ,,,...A-2 e_... e 7/4 0 c-. Printed Name ! il E I i i 9 . . I . ' . 3 i August 10,2015 i s 1 Dear Commissioners, I live in the Briarwood community and am writing you today to express support of the Premier Auto Suites project(Briarwood PUDA-PL20150000178). My support for this project comes from the design and use of the property that the Developer has consistently presented in the multiple neighborhood information meetings. I believe that the Premier Auto Suites project will be less intensive and intrusive than some of 3 the alternative commercial options that are allowable within the Community Cornnlercial bistrict of the j Briarwood PUD, Given all of the information provided to my neighbors and I,I am excited to see this project move forward. Thank you. I Sincerely, i r,. fi 1,4)u °'r c . C 44/&61 Printed Name yo /19p x4-572 -z-d 104/ '1..-�' �..� I A 4 I I 1 k 2 !; August 10,2015 I t Dear Commissioners, ( 1 live in the Brlarwood community and am writing you today to express support of the Premier Auto Suites I project(Briarwood PUDA-P120150000178). My support for this project comes from the design and use of the property that the Developer has consistently presented in the multiple neighborhood information meetings. I believe that the Premier Auto Suites project will be less intensive and intrusive than some of the alternative commercial options that are allowable within the Community Commercial District of the Briarwood PUD. f Given all of the information provided to my neighbors and 1,lam excited to see this project move forward. j j Thank you a 1 j t. Sincerely, j240 Joe) A ! Printed Name fi i I i i j: i a 1 F i. 1 c August 10,2015 6 4 N Dear Commissioners, } a I live in the Briarwood community and am writing you today to express support of the Premier Auto Suites project(Briarwood PUDA-PL20150000178). My support for this project comes from the design and use of the property that the Developer has consistently presented in the multiple neighborhood information g j meetings. I believe that the Premier Auto Suites project will be less intensive and intrusive than some of t > the alternative commercial options that are allowable within the Community Commercial District of the i Briarwood PUD. a r Given all of the information provided to my neighbors and 1,1 am excited to see this project move forward. Ft l Thank you. 1 j i F F Sincerely, c: { 1 S'\ I k 01 pi ):,>v<1. --Lt.:, i'''\■ t) \JC..A...kr\ ? I Printed Name i 1 I l 1 i S a 3 3 s i f l i i i 5 t S i S i i , }} k JohnsonEric i Z From: John Jervinis <john @intechprinting.com> Sent: Tuesday, August 18, 2015 11:58 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 WilkisonDavid; TaylorPenny Cc: info @bpoanaples.com; Merrin Jervinis;jstrattonj @hotmail.com I 1 i Subject: LIVINGSTON/RADIO ROAD PROJECT 1 I s My name is John Jervinis and I am a home owner in the Briarwood community. I strongly oppose the proposed project g on the Livingston/Radio Road corner(Premier Auto Suites of Naples LLC—Petition#P120150000178). We have too much industry,clamor and odor in our area already not to mention excessive road noise from Livingston Road.I believe our beautiful community has been compromised enough and ask you to deny approval for this facility. 1. I moved my family here just a few years ago primarily for its prime location,safety and pleasant environment despite its close proximity to a busy road and abutting industry. Please don't punish us with yet another undesirable facility-thank you for your attention to this matter. k i ( John& Merrin Jervinis 'j Y 5021 Brixton Court ., 4 Naples,IL 34104 t 239.784.1699 1 k 4 John Jervinis i Plant Manager v hi lrrlm utitb teci tteo !OOr i 4 intech print Mng F a o l,t♦ E c r N`A l L, i k c. I 1 4408 Corporate Square,Naples FL 34104 Phone:239.643.3430,ext.331 Fax 239.643.3458 f johnninted»arintln0.com t s i ?. 1 committed to 1tesporelbie.Forestry Management 1 f l ti I i i ! f , i 1 • 3 y 4 x i JohnsonEric t F From: stewart_collins @talktalk.net Sent: Tuesday, August 18, 2015 12:04 PM 5 j To: StrainMark Cc: HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; scottscone @coiliergov.net; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid 1 Subject: Vote Against amened application Briarwood i % - I am emailing to vote AGAINST granting the amendment application from Premier Auto Suites of Naples LLC. My reasons are Doubling the building size e Removing Briarwood residents rights Concerned about Briarwood Lakes Experimental project allowed in an industrial area not residential 1 Concerned aboutthe vegetation and the trees around this area I I Yours Faithfully 1 i N a j: 1 Stewart Collins i 431 Dundee Court Briarwood Naples 34104 t 15 i I. a d T j j I Y E t i -k f i j 1 t 1 i 1 ' I i. 1 i7 1 J S 1 JohnsonEric I From:. Graham Midwinter<gmidwinter©hotmait.com> i Sent Tuesday, August 18, 2015 1:13 PM To: JohnsonEric x Subject: Proposed Briarwood development I My wife and I are the English owners of our second home at 1986 Terrazzo Lane,Briarwood. We would like # you to voice on our behalf, our strong disapproval of the planned development of Briarwood at the junction of Radio road and Livingston Road.. i Thanking you in advance, I i G.E.Midwinter and L.V.Midwinter G. E. Midwinter t i h 1 k 2 It E p, t i 3 i Y z 3]D f ! a Y { 1 I 1 i f 1 t 3 11 I { i 1 1. i 1 1 1 111 I 1/1-,.1 JohnsonEric From: StoneScott Sent: Tuesday, August 18, 2015 1:13 PM To JohnsonEric Subject: FW: Proposed Briarwood development FYI,looks like this one was sent only to me for some reason. Scott A. Stone Assistant County Attorney s Collier County Attorney's Office (239)252-5740 s ----Original Message From:Graham Midwinter[mailto:gmidwinter@hotmail.com] Sent: Tuesday,August 18,2015 1:12 PM To: StoneScott 1 s Subject:Proposed Briarwood development I My wife and I are the English owners of our second home at 1986 Terrazzo Lane,Briarwood.We would like you to voice on our behalf,our strong disapproval of the planned development of Briarwood at the junction of I Radio road and Livingston Road. € Thanking you in advance, V G.E.Midwinter and L.V.Midwinter G.E.Midwinter Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. n 6 , 1 2 v 1 } t 1 i I t 1 1 r I l j i JohnsonEric 1 i From: StoneScott j 7 Sent: Tuesday,August 18, 2015 1:45 PM To: JohnsonEric i Subject: FW: Briarwood Meeting today E I 1 Scott A.Stone Assistant County Attorney t Collier County Attorney's Office (239)252-5740 T From: Eileen Lane[mailto:eileen @flamingopalmsnaples.com] Sent:Tuesday,August 18, 2015 1:26 PM To:StoneScott ' : Subject: Briarwood Meeting today I live in the Briarwood Community and am writing you today to express my concern of the Premier Auto Suites project r (Briarwood PUDA-PL20150000178). I want it to be clear that I do not support the design and use of the property as the I i Developer has presented with misleading presentations in multiple meetings with the Briarwood Community and 1 u' Briarwood Architectural Review Committee(ARC). I would hope that the Collier County Planning Conunission(CCPC) j would deny this petition based on the following points; • The original PUD has the land used as community commercial that would benefit the residents in the area. i • The developer's proposal is experimental in use and is inconsistent with established residential area;the ! t. proposal would be better suited in a light industrial area. • A doubling of the allowable square foot usage requirements is being requested,making the project take up an unacceptably large ratio of building to land usage. I • Major loss of all natural habit in the area and no reserve area planned. I • Elimination of Briarwood's rights to Architectural Review • The project would have negative long term impact on job creation for the area. 5 1 I hope you will thoughtfully consider my reasons for opposing the project and thank you for your time. i 1 Eileen Lane i i. Briarwood Resident of 3 homes since 2011 I 1,. 3 1' i f4,4# tr This email has been checked for viruses by Avast antivirus software. F www.avast.com 1 i i Under Florida Law,e-mail addresses are public records.if you do not want your e-mail address released in response to a public records request,do not send s =` electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 S il 3 f 1 i JohnsonEric 1 From: ehudak @comcast.net a i. Sent: Tuesday, August 18, 2015 2:37 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; 1 RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 WilkisonDavid Cc: TaylorPenny Subject: Briarwood PUD Public Hearing E Dear Collier County Planning Commissioners: Unfortunately, I cannot attend the meeting scheduled for August 19, 2015 because of my work schedule. I thank you for the opportunity to have my thoughts on the matter of the Briarwood PUD changes be heard. I As a homeowner in Briarwood for the past 17 years, I have seen the neighborhood grow to the point r where we are now almost built-out and passing from developer control to property owner controlled. , In all those years, every person that purchased in Briarwood accepted a site plan that had "Proposed a l. Community Commercial" with a private entrance on Skelly Road into the parcel from the Briarwood community. ! Today, we are looking at a conceptual site plan that is very building-dense, without even a water retention pond to accept their run off as it passes through the property and into Briarwood's lakes. I The developer is requesting to double the allowable building size by more than 100,000 square feet I (nearly 3 extra acres of buildings) that will take a"Community Commercial" parcel created to benefit I all of Briarwood residents as well as the surrounding community to a private, upscale storage facility i that will close off the Briarwood entrance and benefit no one in the community. I do not believe that this is an acceptable use of this Community Commercial property. t In the last meeting with the Briarwood homeowners, the planner at Davidson Engineering stated that if the planned use of the storage facility is not a successful venture, then they could build the more l conventional commercial building. If this increase of square footage is allowed today,what could they create tomorrow? i f In a previous community meeting, the Developer stated that they wanted to be good neighbors. Then, I when faced with some dissension from property owners, the developer elects to request that all input fi from Briarwood be removed from the process forever more. Again, I believe that this is unacceptable. The Collier County Planning Commission, through its oversight of development in Collier County, has been in large part responsible for creating the beautiful community that we call home. I would ask of r, all of the Commissioners to consider carefully the long range impact of the request made by the Developer of this upscale storage facility. Respectfully submitted, 3 Elizabeth Hudak 2046 Terrazzo Lane Briarwood i 1 1 B JohnsonEric 1 a From Francis Webster<fhwebster @suddenlink.net> Sent: Tuesday, August 18, 2015 5:37 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; i RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid Cc: TaylorPenny Subject: Petition Number:PL20150000178 I i 1 i To: Collier County Planning Commission 1 From: Francis &Charlene Webster 325 Dover Place#103 1 Naples,FL 334104 I i My wife and I are owners of property in the Briarwood subdivision located adjacent to the 1 , property where Davidson Engineering is proposing to construct a storage facility for Premier Auto i Suites of Naples LLC -Petition Number:PL20150000178. The purpose of this communication is 1 to express our opposition to this proposal,for the reasons that follow, and to request that you deny the application as it is currently presented. 1 We consider Petition Number:PL20150000178 to be deficient in the following areas: i • The developer is requesting to double the allowable building size by more than 100,000 square feet. This is being done without any consideration for the impact on the neighboring 1 community. Rather than working with our Association to reach a mutually beneficial , .. solution,the developer is asking to remove Briarwood residents'rights in the PUD for architectural.review. • In total disregard of our community,the developer has refused to agree to save the buffer ,€ trees between our community and their planned development solely so they can build a much larger project. Removal of the buffer zone created by the native vegetation will have a very negative impact on the property values of the adjacent neighborhood. • The Developer has failed to provide a water retention lake to accommodate water runoff. Thus,the adjacent lakes in Briarwood will be forced to receive all runoff. This is environmentally unacceptable and transfers the problem to Briarwood for resolution! • This is a family area with a number of children. I'm not sure that this type of development is appropriate for a residential neighborhood. • Rather than work with our Associations representatives to resolve these issues,Davidson Engineering has chosen to contact individual home owners and provide us with a copy of a letter supporting their project which we have been requested to sign and mail to the Planning Commission. Nowhere in their communication did they acknowledge any of the above issues. Their negligence is appalling! I In summary,my wife and I are very concerned by the ramifications of Petition PL20150000178 as presented and dismayed by Davidson Engineering's lack of concern for our community. Thus, we asking you to reject this development as proposed. Furthermore,this type of development is best suited for a commercial area rather than a residential community. Thanks for your time and consideration. F r a n c S w e } b s t e r 3 2 { 5 D o V e r P 1 a c e 1 0 3 2 • I I 1 1 JohnsonEric From: aaormerod©aol.com 1 , Sent: Wednesday,August 19, 2015 12:28 PM To: TaylorPenny Cc: StrainMark; EbertDiane; DoyleBrian; ChrzanowskiStan; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; RomanCharlette; HomiakKaren Subject: Development at the corner of Livingston and Radio outside Briarwood I 1 We are residents of the Briarwood Community living at 1948 Terrazzo Lane,and have been so since 2000. We are sending this email in connection with the subject development and wish to raise the strongest possible I objection to recent changes as follows: } 1)Our understanding is that there will now be no retention lake within the new development in order that it can ;_ be made larger. We further understand that as Briarwood residents we would be held financially responsible for I ";; any issues connected with water run off into our lakes and beyond,including any potential contamination or other problems emanating from the warehouse development.We fail to see how this meets the criteria of basic i fairness or common sense. 2) We believe that the warehouse developers have altered their plans to increase the size of the buildings by a some 100,000 square feet and to reduce the landscaping significantly again to facilitate the larger area.This will result in a development that is completely out of tone with the area. i 3)We further understand that there is a request to remove Briarwood resident's rights in the PUD for architectural review.This has been a long standing right to protect the affect on Briarwood and the right needs to be preserved. 4)It is apparent that the changes to this development make it entirely incompatible with a residential neigborhood and that it is more consistent with an Industrial zone development. 5)It has always been our understanding that the area would be used for a retail shopping plaza or similar which would offer some benefit to Briarwood residents. Approval of these changes will seriously and negatively impact Briarwood as a community,could have a serious affect on property values and are at odds with the clear expectation that all owners were given at the time of purchase.Certainly we would not have purchased here if there was any indication that the community would be fronted by an industrial type warehousing development of the type now proposed. We find it extremely difficult to believe,or even understand,why this development can be regarded as having any kind of positive impact on either Briarwood,Radio Road or Naples and 1 trust that whoever is making a decision on it will be able to answer the objections noted above. Allan&Barbara Ormerod 1 t i , JohnsonEric t From: Janine B <janine @lemacproperties.com> i Sent: Wednesday, August 19, 2015 2:58 PM I To: JohnsonEric 1 Subject: Livingston/Radio proposed land change 1 1 TO Collier County Planning Commission Dear Mr. Johnson, My name is Janine Brown and I reside in the Briarwood community in Naples,Florida. j Vi i I am writing to ask that you deny the land change request for the corner of Livingston and Radio Road. I have j lived in Briarwood the last 10 years and have raised my children in this quiet,family-oriented community. Had s this"Car Storage Facility"been here when I looked at Briarwood to establish my home,I would not have purchased here. This facility will have a negative impact on my property value. k 4. When this facility was initially presented to the residents,admittedly,I was not too pleased with the proposal, 1 3 but was willing to listen. Now,however,it's become apparent that after trying to paint a rosy picture to the i residents,the developer is now trying to double the amount of area he wants to build on,and remove our T architectural committee from having any voice in the impact of his project. These buildings will be a s monstrosity in the middle of a residential area. This proposed project needs to be in an industrial area,not next j = to the clubhouse, swimming pools,condos and houses in our peaceful neighborhood. This land is for a small g shopping plaza,or something to that effect,that will complement our neighborhood. These proposed buildings I are not,in any way,complementary to our residential community. Calling it"upscale"does not change what it i is. It's an industrial complex. I ask that you deny the proposed land change. a Thank you. 1 Sincerely, i Janine Brown i 927 Tivoli Court Naples,FL 34104 4 i 1 ` I 1 E t 1 1 ii I � Johnson Eric 1 P 31 From: StrainMark 1 Sent: Wednesday, August 19, 2015 3:36 PM To: JohnsonEric , Subject: FW: Briarwood proposed land change f 3 1 i 1 Please distribute as normal. j 1' j Ma-rk. 239.252.4446 g j Under Florida Law, a-mail addresses are pubLic records. If you do not want your e-maiL address reLeased in a response to a pubLic records request, do not send electronic mail to this entity. Instead, contact this 1 office by telephone or in writing. } 3 :'''' From:Janine B[mailto:Janine @lemacpraperties.cam] Sent:Wednesday,August 19, 2015 2:45 PM ; To: StrainMark 1 Subject Briarwood proposed land change € TO: Collier County Planning Commission I Dear Mr.Strain, I My name is Janine Brown and I reside in Briarwood. i I am writing to ask that you deny the land change request for the corner of Livingston and Radio Road. I have lived in Briarwood the last 10 years and have raised my children in this quiet,family-oriented community. Had this"Car Storage Facility"been here when I looked at Briarwood to establish my home, I would not have purchased here. This facility will 1 have a negative impact on my property value. k r When this facility was initially presented to the residents,admittedly, I was not too pleased with the proposal, but was i willing to listen. Now, however, it's become apparent that after trying to paint a rosy picture to the residents, the , developer is now trying to double the amount of area he wants to build on,and shove this down our throats by removing I our architectural committee from having any voice in the impact of his project. These buildings will be a monstrosity in { the middle of a residential area. This proposed project needs to be in an industrial area, not next to the clubhouse, swimming pools,condos and houses in our peaceful neighborhood. This land is for a small shopping plaza,or something j to that effect,that will complement our neighborhood. These proposed buildings are not,in any way,complementary to our residential community.Calling it"upscale"does not change what it is. It's an industrial building. I ask that you deny the proposed land change. 1 - i Thank you. 1 i Sincerely, I I Janine Brown i 927 Tivoli Court i y Naples,FL 34104 j i 1 i f 1 i i I f. JohnsonEric ,- From: StrainMark Sent: Wednesday, August 19, 2015 3:36 PM j To: JohnsonEric 3. Subject FW: Proposed development at Briarwood, Radio Rd/Livingston l Please distribute as normal F Mask' F. 239.252.4446 r Under FLorida Law, e-mail addresses are pubLic records. If you do not want your a-mail address released in a response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. G From: Laurence Gregory[mailto:laurence.gregory6 @outlook.com1 Sent:Wednesday,August 19,2015 1:08 PM t, s To:TaylorPenny . Cc: StrainMark f t I- Subject; Proposed development at Briarwood, Radio Rd/Livingston ( ( . Dear Commissioner, )° My wife and I have owned a house on the Briarwood estate for almost 3 years and,as owners and Collier County tax payers,we wish to object to the development proposed by Premier Auto Suites of Naples. i i I When we first heard of the proposal several months ago, it seemed as though the request for change of use I was from commercial to residential but it seems that the change of use now involves considerable I i warehousing or storage for boats and other vehicles as well as a doubling of the floor area for such storage. t This is not the originally designated use for this piece of land which, as we understand it,was for local i t community shops and similar commercial enterprises. x. 1 Whilst admitting that we understand nothing of Collier County planning policies and regulations we have a fairly good knowledge of how the system in England operates(we are UK citizens). If this application had been I i made in our locality in UK it would be regarded as'the thin end of the wedge'. In other words, once the ( 3 applicant gets a change of use for upscale storage of just a few boats and vehicles,within a short space of time,the facility will be full of all kinds of vehicles and there will be workshops and repair facilities moving in alongside.We did not buy our house on Briarwood thinking that this kind of development would be put on the i vacant piece of land quite close to our property. i , Please could I urge you to reject the proposed change of use and await a proposal which is in-keeping with the f locality and the present approved land use. ( i Many thanks. ( t j t Best regards, Laurence Gregory and Christine Gregory Under Florida Law,e-mail addresses are pubic records.If you do not want your e-mail address released In response to a public records request,do not send electronic mall to this entity,Instead,contact this office by telephone or in writing. 1 zl } S 3 } ti 2 f it t I JohnsonEric i From: BosiMichael Sent: Wednesday,August 19, 2015 3:43 PM 1 To: JohnsonEric Subject: FW: Livingston/Radio proposed land change Eric, Not sure if you received this one. 1 mike i From:Janine B[mailto:janine @le macproperties.com] n Sent:Wednesday,August 19,2015 3:01 PM To: BosiMichael Subject: Livingston/Radio proposed land change i TO: Collier County Planning Commission I ii 3 Dear Mr.Bosi, <. unit in Naples,Florida My name is Janine Brown and I reside in the Briarwood community p , } I am writing to ask that you deny the land change request for the corner of Livingston and Radio Road. I have lived in Briarwood the last 10 years and have raised my children in this quiet,family-oriented community. Had i this"Car Storage Facility"been here when I looked at Briarwood to establish my home,I would not have purchased here. This facility will have a negative impact on my property value. Y i When this facility was initially presented to the residents,admittedly,I was not too pleased with the proposal, but was willing to listen. Now,however,it's become apparent that after trying to paint a rosy picture to the i, residents,the developer is now trying to double the amount of area he wants to build on,and remove our I i 1 is architectural committee from having any voice in the impact of his project. These buildings will be a monstrosity in the middle of a residential area. This proposed project needs to be in an industrial area,not next to the clubhouse,swimming pools,condos and houses in our peaceful neighborhood. This land is for a small shopping plaza,or something to that effect,that will complement our neighborhood. 1 Calling this project or change request"upscale"does not change what it actually is. It's an industrial complex. This facility,will not, in any way,be complementary to our residential community. I i i I ask that you deny the proposed land change. I Thank you. 1 I Sincerely, i a Janine Brown t 1 927 Tivoli Court Naples,FL 34104 1 I i - 1 1 i ii t 4 ,,.:: JohnsonEric From: StrainMark Sent: Wednesday, August 19, 2015 4:23 PM i To: JohnsonEric Subject FW: Briarwood I i I a Please distribute as normal. 1 1 r '' l 3: Mark,rki t t 239.252.4446 i Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic maiL to this entity. Instead, contact this t i. office by telephone or in writing. i ,� 31 From:Angela Clark{mailto:addark25 @gmail.com] Sent:Wednesday,August 19, 2015 4:19 PM To: StrainMark : Subject Briarwood I am currently in MA.and I am strongly opposed to what this developer is trying to do to my neighborhood. j • The project is experimental and will negatively impact your property values. • The developer is asking to eliminate Briarwood's residents'rights in the existing PUD for architectural review. i d • The developer is requesting to double the allowable building size by more than 100,000 square feet,and radically change the permitted use-eliminating the Briarwood residents'commercial center completely. l • The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into Briarwood's Lakes. I • This expetunental project is allowed in an industrial area,not in a residential neighborhood. • The proposed project(three acres of buildings)strips the property of its preserve and stands of pines buffering Dover Pare ; t 1 Condominium. i %: 1, 1 t Angela Clark 1 ' 4 (E-mail:adclark25 @gmail.corn) ' l• i i 1 Under Florida Law,e-mail addresses are public records.If you do not want your email address released in response to a public records request,do not send 1 electronic mail to this entity,Instead,contact this office by telephone or in writing. t a 1 i I 3 t I 7 { 1 I I 1 i JohnsonEric 1 I From: Angela Clark<adclark25 @gmaitcom> 1 1. Sent: Wednesday, August 19, 2015 4:23 PM l To: JohnsonEric ! Briarwood I' Subject: I I am currently in MA. and I am strongly opposed to what this developer is trying to do to my neighborhood. 1 3 •The project is experimental and will negatively impact your property values. 1 •The developer is asking to eliminate Briarwood's residents' rights in the existing PUD for x architectural review. 1 •The developer is requesting to double the allowable building size by more than 100,000 square 1 feet,and radically change the permitted use-eliminating the Briarwood residents'commercial center completely. •The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into Briarwood's Lakes. •This experimental project is allowed in an industrial area,not in a residential neighborhood. •The proposed project(three acres of buildings)strips the property of its preserve and stands of pines 1 buffering Dover Parc Condominium. 1 i i Angela Clark i (E-mail:adclark25@amail.com) r I 1 4 f t i i 1 1 } 1 1 i2 3 I . JohnsonEric I T 3. From StoneScott 1 T Sent: Wednesday, August 19, 2015 4:26 PM i . To: JohnsonEric b } Subject: FW: Briarwood FYI i i Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239)252-5740 i l From:Angela Clark[mailto:adclark25 @gmail.com] Sent: Wednesday,August 19,2015 4:22 PM To: StoneScott 1 1 Subject: Briarwood I am currently in MA.and I am strongly opposed to what this developer is trying to do to my neighborhood. •The project is experimental and will negatively impact your property values. i 1 •The developer is asking to eliminate Briarwood's residents'rights in the existing PUD for architectural review. 1 1 •The developer is requesting to double the allowable building size by more than 100,000 square feet,and radically change the permitted use-eliminating the Briarwood residents'commercial center completely. •The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into Briarwood's Lakes. •This experimental project is allowed in an industrial area,not in a residential neighborhood. •The proposed project(three acres of buildings)strips the property of its preserve and stands of pines A buffering Dover Parc Condominium. 1 1 i Angela Clark l (E-mail:adclark25ngmail.com) i Under Florida law,e-mail addresses are public records_If you do not want your e-mail address released in response to a public records request,do not send electronic malt to this entity.Instead,contact this office by telephone or in writing. 1 i t 3 i ] 1 t y} i I 1 I JohnsonEric From: Jeannie Wynn <jwynn47 @comcast.net> Sent: Wednesday, August 19, 2015 4:35 PM To: JohnsonEric Subject: Aug. 20 vote on Radio and Livingston Project I Hello, I am a Briarwood resident I am very concerned about the abuse of the land and resources and invasive tactics and encroachment of the new development at the corner of Radio and Livingston Road. Please vote against this development unless a thorough review is done of all measures and until such 1 time as all can be assured that no danger to the adjacent land and community will be done. This motorcycle/vehicle/dwelling facility is not turning out to be as originally billed-which was doubtful as a good fit for this very busy area at best,next to a residential area. Help us with this please. 1 One of many concerned residents of Briarwood. Residential owner of 6 properties and Naples resident since 1997 in Briarwood. Jeannie Wynn 9 t { 7 i 1 i a JohnsonEric From Melissa Read <M.Read @naplesbeachhotel.com> Sent: Wednesday,August 19, 2015 4:35 PM To: TaylorPenny Cc: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; t 1 I. WilkisonDavid i - Subject: Briarwood propert owner i i i I am VERY concerned about this project: i I 2� 5 { • The project is experimental and will negatively impact your property values. • The developer is asking to eliminate Briarwood's residents'rights in the existing PUD for architectural review. 1 • The developer is requesting to double the allowable building size by more than 100,000 square feet,and 4 : radically change the permitted use-eliminating the Briarwood residents'commercial center completely, • The developer is not adding a retention lake(so they can build more buildings)and will dump excess water Into 1 e Briarwood's Lakes. • This experimental project is allowed in an industrial area, not in a residential neighborhood. ; J • The proposed project(three acres of buildings)strips the property of its preserve and stands of pines buffering i ( is Dover Parc Condominium. i i I am a homeowner in Briarwood and do not want our home values changed due to an industrial business built where it should not be.I cannot be at the meeting as I will be at work. ` fi I Regards, c/l reAt.Ca` ead 8 2 C National Sales Manager The Naples Beach Hotel&Golf Club i 3 851 Gulf Shore Blvd N t j Naples, Florida 34102 1 i 239.435.4372 direct Y F www.naplesbeachhotel.com ` i I z j a: The op1es Beach Hotel 1 S &:CoIF Club i i 3 i r s r i recn VirrrliP i i i 1 i A i JohnsonEric From: StrainMark Sent: Wednesday, August 19, 2015 4:41 PM To: JohnsonEric Subject: FW:Aug 20 vote on Radio and Livingston Project Please distribute as normal A Mark. 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Jeannie Wynn [mailto:jwynn47 @comcast.net] Sent:Wednesday, August 19,2015 4:41 PM To: StrainMark Subject:Aug 20 vote on Radio and Livingston Project Hello, I am a Briarwood resident. I am very concerned about the abuse of the land and resources and invasive tactics and encroachment of the new development at the corner of Radio and Livingston Road. 1 Please vote against this development unless a thorough review is done of all measures and until such time as all can be assured that no danger to the adjacent land and community will be done. This motorcycle/vehicle/dwelling facility is not turning out to be as originally billed-which was 1 I. doubtful as a good fit for this very busy area at best,next to a residential area. Help us with this please. One of many concerned residents of Briarwood. P Residential owner of 6 properties and Naples resident since 1997 in Briarwood. Jeannie Wynn I Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mad to this entity.Instead,contact this office by telephone or in writing. 1 1 I 1 i i i JohnsonEric S From: StoneScott Sent: Wednesday, August 19, 2015 4:42 PM To: JohnsonEric Subject: FW: Aug 20 Vote on Radio and Livingston Project 1 1 Scott A.Stone i is Assistant County Attorney 1 ( Collier County Attorney's Office ; i (239)252-5740 } fi From:Jeannie Wynn [malito:' ynn4 @comT........ -.,.,...,...__.��,,..�-ate...... •....�-t..._._. _�» �wynn47 @comcast.net] Sent:Wednesday, August 19,2015 4:36 PM x To: StoneScott 1 Subject:Aug 20 Vote on Radio and Livingston Project = a Hello, J I am a Briarwood resident.I am very concerned about the abuse of the land and resources and invasive tactics and encroachment of the new development at the corner I of Radio and Livingston Road. 1 Please vote against this development unless a thorough review is done of all measures and until such 1 time as all can be assured that no danger to the adjacent land and community will be done. t ; This motorcycle/vehicle/dwelling facility is not turning out to be as originally billed-which was i s doubtful as a good fit for this very busy area at best,next to a residential area. Help us with this please. i i One of many concerned residents of Briarwood. Residential owner of 6 properties and Naples resident since 1997 in Briarwood. g 1 i Jeannie Wynn 1 i a Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send .. electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 l i I f 1 I 1 1 I! a I; t JohnsonEric From: StrainMark f. Sent: Wednesday, August 19, 2015 4:47 PM >F To: JohnsonEric z Subject: FW: Briarwood PUD- proposed change of use I 1 i Please forward 1 i i Mark. 239.252.4446 4 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in i response to a public records request, do not send electronic mail to this entity. Instead, contact this 1 office by telephone or in writing. 4 From:Amanda Egan [mailto:Amanda @LemacLLC.com] Sent:Wednesday,August 19, 2015 4:48 PM To: StrainMark € Subject: Briarwood PUD-proposed change of use . i TO: Collier County Planning Commission ft i Dear Mr.Strain, i I i i My name is Amanda Egan and my husband, Ken,and I are residents in the Briarwood community in il Naples. We have lived in Briarwood for 18 years. i 3 ! i i; I am writing to ask that you deny the change of use request for the"Auto Suites" project being proposed for # i the community commercial section of the Briarwood PUD. I feel that this facility will have a negative impact on g my property value and,therefore,do not support the project. l i I am very disturbed that this developer is requesting to change the Briarwood PUD to remove my right, as a ? t Briarwood property owner,to be able to have input on the architectural compatibility of his plans. If that change were allowed,the developer would likely have no limits on what could be built and how it would affect c E our neighborhood.This project does not belong in a residential community, it is an industrial use. t This land was supposed to be used for a small shopping plaza,or something to that effect,that will complement our neighborhood. This project in no way fits into that intention. i 1 I ask that you deny the proposed land change. d Thank you for your consideration. Sincerely, Ken and Amanda Egan 5051 Brixton Ct. f 1 t i i i f i I JohnsonEric l From: Amanda Egan <Amanda @LemacLLC.com> 1 I Sent: Wednesday, August 19, 2015 4:53 PM To: JohnsonEric i I Subject: Briarwood PUD-proposed change of use P i TO: Collier County Planning Commission i i Dear Mr.Johnson, i I My name is Amanda Egan and my husband, Ken,and I are residents in the Briarwood community in i i r T Naples. We have lived in Briarwood for 18 years. i '' t f I am writing to ask that you deny the change of use request for the"Auto Suites"project being proposed for the community commercial section of the Briarwood PUD. I feel that this facility will have a negative impact on 0 my property value and,therefore,do not support the project. j 1 I am very disturbed that this developer is requesting to change the Briarwood PUD to remove my right, as a Briarwood property owner,to be able to have input on the architectural compatibility of his plans. If that t change were allowed,the developer would likely have no limits on what could be built and how it would affect f is our neighborhood.This project does not belong in a residential community, it is an industrial use. j l This land was supposed to be used for a small shopping plaza,or something to that effect,that will complement our neighborhood. This project in no way fits into that intention. Y I ask that you deny the proposed land change. I i 1 5 c Thank you for your consideration. i i Sincerely, Ken and Amanda Egan 5051 Brixton Ct. Naples,FL 34104 i 4 i 4 i . 1 1. JohnsonEric From: Phyl Carter<andyphyl @yahoo.co.uk> Sent: Wednesday, August 19, 2015 5:10 PM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; StanChrazanowski @colliergov.net; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid Subject: Developer requested changes to land at the corner of Livingstone and Radio Roads Attachments: IMG0854.PNG Dear Commissioners 1 We are Andrew and Phyllis Carter of 1446 Vintage Lane Naples 34104 in the Briarwood Community. We have received the attached letter from the Briarwood Architectural Review Committee. Clearly the developer is trying to over extend the use of this site and take advantage of the residents of Briarwood. We would request that when you consider their requested changes that you turn them down. i t t r: I r i I 1 I { i4 is 1 urn sa -c . . a ,. . • .-- ,..,., ‹*All.linbo)ces.(8) . I.\ \I- ' • - En ' .. ...9" .*4 :. . . 2! . Emergency Briarwood Owners Meeting ! .1 17 August 2015 1100 pm ap .. 1 .0,, 7 w ..,_ ,. pi ,,,. V...35.'s.7----,t Ara" 10, AD - OOD t,,,,, ._,.„,, , ixi. LA. , ,,,,:„.._. ,...,,,,-„,,- .. .: • -,,,,,,,,iy :.: Dear Resident, ..,.: •; The Briarwoocl Architectural Review Committee(ARC) would like your immediate . . ., . . 1 ..':•'. • attettlion. A local developer is requesting major changes on the land at the comer i ...;: of Livingston and Radio Roads.The ARC has very serious coneerns with the proposal !:-::•, . . . : ,, ..._ Here are sErne of the reasons the ARC has concerns with this project: .. .% . * 'Chi!fievetorw refused to make any changes to the plan except adding a small : . .:,.. i ' ... number of small trees, oven though they will remove large areas of trees, : . • The devetoper is requesting to double the allowable building size by more than i 100,000 square feet(nearly 3 extra acres of buildings)and radically change the % . . use eliminating the Briaiwood rtsidents' commercial center completely, t • The developer is asking to remove Briarwood rasitlentst rights in the rut) for I i . architectural review, I • The developer will not agree to save buffer treeS S'OlelY so they Carl build a much :'::•.:::: •:: : , larger project. - - : .. • The developer is not adding a retention take (so they can build more buildings) i . ... . ._ 1 .. : . and will dump excess water into Brianvood's Lakes, • • This experimental project is allowed in an industrial area, not in a residential i neighborhood. :- - t :...: • This project will negatively impact our property values. i , • Accepting the water runoff makes Briarwood liable for the environmental i impact. i . ,.. •::!:.::- i :.:••• • The proposed project strips the property of its native vegetation and trees. .z..::: We need your help! Please attend this very important informational meeting on 'Tuesday, August 18th at 5:30 PM at the Brim-wood Clubhouse,Can't attend the i .• , • meeting? Email the members of the Collier County Planning Commission and your 1 . ,..• Collier County COMITtiSSiOtter, and voice your CQIICerrkS today! i I , 1 i 3 i T k 3 1 - s JohnsonEric .F 5 From: StoneScott , Sent: Wednesday, August 19, 2015 5:11 PM To: JohnsonEric Subject: FW: Briarwood PUD-proposed change of use I i. FYI 1 Scott A.Stone 4 Assistant County Attorney 'J Collier County Attorney's Office (239)252-5740 i i. From:Amanda Egan[mailto:Amanda @LemacLLC.com] I Sent: Wednesday,August 19, 2015 4:52 PM To: StoneScott l Subject: Briarwood PUD-proposed change of use TO: Collier County Planning Commission 1 I- t !i; Dear Mr.Stone, e My name is Amanda Egan and my husband, Ken,and 1 are residents in the Briarwood community in 1 Naples. We have lived in Briarwood for 18 years. l I'. I am m writin to ask that you deny the change of use request for the"Auto Suites"project being proposed for the community commercial section of the Briarwood PUD. I feel that this facility will have a negative impact on i my property value and, therefore,do not support the project. I I a m very ve disturbed that this developer is requesting to change the Briarwood PUD to remove my right, as a Briarwood property owner,to be able to have input on the architectural compatibility of his plans. If that change were allowed,the developer would likely have no limits on what could be built and how it would affect I our neighborhood.This project does not belong in a residential community, it is an industrial use. This land was supposed to be used for a small shopping plaza,or something to that effect,that will 3 complement our neighborhood. This project in no way fits into that intention. I ask that you deny the proposed land change. Thank you for your consideration. Sincerely, Ken and Amanda Egan 5051 Brixton Ct. Naples,FL 34104 1 i 1 I I JohnsonEric From: StrainMark Sent: Wednesday, August 19, 2015 5:11 PM To: JohnsonEric Subject: FVV: Developer requested changes to land at the corner of Livingstone and Radio Roads Attachments: IMG0854.PNG Please forward Mark/ 239.252.4446 Y Under Florida Law, a-maiL addresses ore pubLic records. If you do not want your e-mail t address reLeased in response to a pubLic records request, do not send eLectronic maiL to this entity. Instead, contact this �t office by teLephone or in writing. From: Phyl Carter [maitto:andyphyl @yahoo.co.uk] Sent Wednesday,August 19, 2015 5:10 PM To:StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; StanChrazanowski @colliergov.net; RomanCharlette; StoneScott; I BellowsRay;JohnsonEric; BosiMichael;WilkisonDavid Subject: Developer requested changes to land at the corner of Livingstone and Radio Roads Dear Commissioners % We are Andrew and Phyllis Carter of 1446 Vintage Lane Naples 34104 in the Sherwood Community. k We have received the attached letter from the Briarwood Architectural Review Committee. Clearly the developer is trying to over extend the use of this site and take advantage of the residents of Briarwood. We would request that when you consider their requested changes that you turn them down. I Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send�� { electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Frpu -r Alf (8): . ^ `v Emergency ariarwood Owners Meeting , 17 August 2015 11:00 pm Ii� � �? F . . . ::: RIA t ihl . : Dear Resident, The Briarwood Architectural Review Committee(ARC)would like:your immediate attention, A local developer is rerluesting major changes on the]arid. at the corner of Livingston and Radio Roads.The.ARC has very serious concerns with the: proposal. Here are some of the reasons the ARC has concerns with this project: • The developer refused to make any changes to tlx: plan except adding a 8:txtall number of small trees, even though they will remove large.areas of trees. * 1 he developer is requesting to double the allowable building site by more than lCt�,tl00 square feet(nearly 3 extra at ces t}fla�iilditigs� and raclr illy change the use eliminating the Briarwood residents' commercial center completely, The dt veloper is asking to re,mov*e Briar►w read residents' rights:in the POD,loi arclt.itec.tural review. `rhe.developer will not agree to save buffer trees solely do they can build a niucfi = larger project, y • The"developer is not adding a retention lake(o they can build more buildings) and will dump excess water into Briarwoad's Lakes. c • This experinierktal project is allowed in an industrial area, not in a residential 1 neighborhood. s * This project will negatively impact our propertyF values- 1 • Accepting the water runoff makes Briaovd liable for the cttvircitunental l impact. • The proposed project strips the property of its native vegetation and trees. iWe need your help'. Please attend this very important in#cirinaticsnal meeticig on I �1 uesday Augu t 1&#h at 5.30 PM at the Briarwood Clubhouse, C;:an't attend the I meeting? Email the members of the Collier County Planning Commission and your Collier County Commissioner,and voice your concerns today! JohnsonEric From: LPlummer<lance.plummer @gmail.com> j Sent: Wednesday, August 19, 2015 5:12 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid;TaylorPenny Cc: Michelle Plummer Subject: Premier Auto Suites of Naples 1 Dear Collier County Planning Commission. It is my understanding that you are meeting tomorrow(Thursday)concerning the Premier Auto Suites of Naples project located at the intersection of Livingston and Radio Roads. I am currently out of town but would like to p 3 voice my concerns to the project. I own two homes in the Briarwood community. My concerns are: -The size of the project and its consuming so much land for impervious surfaces -Lack of a retention lake and having excess water draining to the Briarwood Lakes -The removal of the Briarwood's residents rights in the existing PUD. -That this project is being placed in a residential neighborhood. Sincerely, Lance Plummer 1 l 1 1 k { JohnsonEric From: Brian Wagner<beinnap€es @yahoo.com> Sent: Wednesday, August 19, 2015 5:16 PM To: JohnsonEric Subject: Opposition to change in Briarwood PUD 1 Dear Commioners, Thank you in advance for your time. , We have been homeowners in the Briarwood subdivision for the last 18 years and we are very concerned about the proposed PUD changes. I understood when I purchased and still understand that a commercial development is allowed in this area.The proposal in front of you is more of an industrial nature.The developer is asking to double the size of the allowable buildings thereby removing all native trees which provide a buffering zone to the residential area adjacent.I imagine there will be an incredible amount of noise from all these sports cars and toys.They are also not including a retention pond so they can increase the size of the project.Any chemical spills from these many 1 vehicles will find its way into our residential lakes.It is my understanding that as residents are responsible for any cleanup and any issues,even on their site.This is not right. 1 They are also asking to disallow Briarwood resident's and ARC any voice in this matter.This will affect hundreds of residential property owners quality of life and property values.As taxpayers over almost two decades,by the way I just noted on my proposed tax changes my tax bill increased almost 20%,which is different matter,I would hope that you would protect the rights of the Briarwood residents over a commercial/ industrial endeavor. 1 You can see by their site plan,link below,that it appears that they're asking for even greater than 40%building area versus the allowed 20%with minimal trees and no buffer zone and no retaining pond. l http://premierautosuitesofnanles.com/sitenlan/ i 1 As you know Naples has changed greatly since we purchased our home 18 years ago however this is not a i positive development for our residential neighborhood or Naples/Collier County. I We would like to ask you to vote AGAINST the PUD change and AGAINST this development. Brian and Elaine Wagner , ` 5151 Coldstream Lane Naples,FL 34104 i 6085773208 cell Brian Wagner 6085773208 cell I 1 z } 1 a JohnsonEric 1 4 = a From StoneScott Sent: Wednesday,August 19, 2015 5:19 PM To: JohnsonEric l i Subject: FW: Opposition to change in Briarwood PUD FYI ; Scott A.Stone i Assistant County Attorney Collier County Attorney's Office (239)252-5740 W From: Brian Wagner[mailto:beinnaples @yahoo.com] 1 Sent:Wednesday,August 19,2015 5:15 PM To:StoneScott i Subject: Opposition to change in Briarwood PUD ( A i S Dear Commioners, Thank you in advance for your time. 1 We have been homeowners in the Briarwood subdivision for the last 18 years and we are very concerned about l the proposed PUD changes. I understood when I purchased and still understand that a commercial development is allowed in this area.The 1 . proposal in front of you is more of an industrial nature.The developer is asking to double the size of the allowable buildings thereby removing all native trees which provide a buffering zone to the residential area adjacent.I imagine there will be an incredible amount of noise from all these sports cars and toys.They are also I i not including a retention pond so they can increase the size of the project.Any chemical spills from these many vehicles will find its way into our residential lakes.It is my understanding that as residents are responsible for i any cleanup and any issues,even on their site.This is not right. t They are also asking to disallow Briarwood resident's and ARC any voice in this matter.This will affect i :''' owners quality of life and property values.As taxpayers over almost two hundreds of residential property q ty 1? � decades,by the way I just noted on my proposed tax changes my tax bill increased almost 20%,which is different matter,I would hope that you would protect the rights of the Briarwood residents over a commercial/ industrial endeavor. i You can see by their site plan,link below,that it appears that they're asking for even greater than 40%building f area versus the allowed 20%with minimal trees and no buffer zone and no retaining pond. http://prenhierautosuitesofnaples.com/siteplan/ i i As you know Naples has changed greatly since we purchased our home 18 years ago however this is not a f) M1 positive development for our residential neighborhood or Naples/Collier County. i We would like to ask you to vote AGAINST the PUD change and AGAINST this development. !' t Brian and Elaine Wagner 1 i 5151 Coldstream Lane Naples,FL 34104 6085773208 cell Brian Wagner 6085773208 cell Under Florida Law,e-mail addresses are public records.If you do not want your a-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 gg g�g 3 I 8 2 Johnson Eric 1' From: Bonnie Brisky<bbrisky@aol.com> Sent: Wednesday, August 19, 2015 5:43 PM To: ,lohnsonEric � I Subject: Property at the corner of Livingston and Radio We will not be able to attend the Thursday,August 20 meeting of the Collier County Commissioners meeting tomorrow. However we did want you to know that we are very concerned about the experimental nature of the project; the potential elimination of Briarwood's residents right; the increased size and changing of the permitted use. In addition, the fact that the developer is not d adding a retention lake and there are no buffering trees between the development at the corner and , our development. Please consider the rights and concerns of the people who live in the area and the changes that are I being proposed. { Bonnie Brisky and Dale Clarke 239 455 3930 r '= s � 1 JohnsonEric i From: Eve Domont <eve.domont @yahoo.com> Sent: Wednesday, August 19, 2015 6:02 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; TaylorPenny a K. Subject: Proposed Warehouse I am the owner of 951 Tivoli Court in the Briarwood development. I am writing because of my 5 serious concern about the new proposed warehouse between Livingston and Radio Rd's. This warehouse does not belong in the residential Briarwood community. The uses is more appropriate in an industrial zoning district. Proposed increased floor area/size of this use is excessive, out of scale with the community and properties in Briarwood and adversely affects the Briarwood residential community and its residents.The more I read about this warehouse the more concerns I have, i.e. Briarwood residents assuming some liability for this commercial structure. eF I just purchased the home last month and would not have done so if I had any knowledge that such a use was possible. I purchased this home because of the neighborhood charm of • Briarwood, the warehouse would would have a negative impact to all who own here. s The long standing protection of the architectural review over this commercial area needs to be preserved and retained. Thank you for your consideration in this matter. Sincerely, Eve Domont-Carroll 1 l 1 I h JohnsonEric t ;; j r From: Carl Massa <carlenmass @yahoo.com> s Sent: Wednesday, August 19, 2015 6:30 PM n To: StrainMark; HorniakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanChariette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid Cc: TaylorPenny Subject: Hearing on Briarwood Warehouse Construction Project a i Planning Commission, } is I am the owner of property on Tivoli Lane in Briarwood who is Illinois right now and will be unable to attend the meeting on August 22. I must express my opposition to the recent request regarding the Warehouse Construction Project in our development. i There are numerous reasons to reject this proposal,which is anything but in the best interests of the property owners of 1 Briarwood. The warehouse developer's water permit makes the Briarwood residents financially responsible for all of k their water issues, including on the warehouse property itself plus all of the run off.We NEVER agreed to that.All of R our lakes are connected and drain to the canal.This means everyone is at risk of having"their lake"contaminated i and a clean-up would be very expensive for all of us.The project is also over 50,000 square feet larger than what ' was presented in April and they are asking for a designation that will allow them to further reduce the amount of 7 landscaping they have to put in. t In addition the new proposed warehouse uses don't belong in the community commercial area of primary residential Briarwood community. The usage is more appropriate for industrial zoning districts. The proposed Increased floor j area/size of this use is excessive, out of scale with the community and properties in Briarwood and adversely affects the Briarwood residential community and its residents. If I had known this was coming I would not have purchased property in Briarwood. I am convinced this will greatly i t reduce the value of all Briarwood property. 1 I Please do NOT allow this new proposal to be accepted. p Thank you, j I Carl and Ellen Massa I 997 Tivoli Ct. 1 1 i I I I I i ' i i I 3 1 I FAR 2 i A JohnsonEric l From: Bill Verdonk<billverdonk @gmail.com> Sent: Wednesday, August 19, 2015 8:21 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 WilkisonDavid; TaylorPenny Cc: Cheryl Varrallo; Meredith Dunn; Scott Lepore Subject: Concerned Briarwood Resident i i ' T Dear Collier County commission. 1 z Please help us stop Naples from turning into Fort Lauderdale. Stick to the Collier County Master plan and please do not grant the large variances being asked for at the corner on radio road and Livingston. I I understand the following to an issue are under review please vote with the best interests on the community. I • The developer is asking to eliminate Briarwood's residents' rights in the existing PUD for architectural review please keep this in place so we can maintain the proper look and natural beauty of this area. { j • The developer is requesting to double the allowable building size by more than 100,000 square i feet, and radically change the permitted use please stick to master plan use size county planed the site is for. i 1 • The developer is not adding a retention lake(so they can build more buildings)and will dump excess i water into Briarwood's Lakes. Each of these units is going to be owned by people fixing their cars 1 they are not businesses that are subject to EPA requirements and OSHA inspections therefore most 1 likely will be dumping the oil gas and other cleaning supplies directly into the lakes. 1 • The proposed project(three acres of buildings)strips the property of its preserve and stands of pines buffering Dover Parc Condominium if they weren't granted a Variance on building size they would have no problem leaving these trees as s buffer. Look forward to you properly handling these issues. i Please keep me posted to the results. I l Sincerely, l William D. (Bill)Verdonk REALTOR John R.Wood Inc.,Realtors t Direct Phone: 239-293-7441 Office Phone: 239-261-6622 i Toll Free: 800-982-8079 ; Office Fax 239-325-2523 ' Email:billverdonk@grnail.com i ti On the Web:www.newnapleshomes.com Browse all available Naples properties at www.newnapleshomes.com 1 I JohnsonEric From: KNanayakkara @aol.corn Sent: Wednesday, August 19, 2015 8:00 PM To: JohnsonEric Subject: Briawood "4• g Sir, Please do not approve the proposed development that drastically changes the property at the corner of Radio and s Livingston Roads, f Briawood is a beautiful community with great concern for their environment and neighborhood. a There are many negative aspect of the project which would alter the landscape and the ambience of a lovely it and caring community. j Please consider this appeal not to approve this project I My sincere thanks for your kind consideration Karl Nanayakkara 801 Mount hood Ct 1 1 Naples FL 34104 i 1 i I i I • I 1 i JohnsonEric I From: Mike Manglal-lan <miguelrm_ca @msn.com> i Sent: Wednesday, August 19, 2015 9:05 PM p To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; I WilkisonDavid;TaylorPenny Cc: Zandra Zarris Subject: Briarwood Community We are a home owner at Briarwood Community and We are very concerned about the proposal to build at the corner of Radio and Livingston roads. We believe that this development should be stopped for the following reasons: • The project is experimental and will negatively impact my property values. • The developer is asking to eliminate Briarwood's residents' rightsin the existing PUD for architectui review. • The developer is requesting to double the allowable building size by more than 100,000 square feet,and radically change the permitted use-eliminating the Briarwood residents'commercial cente 1 i completely. 1 • The developer is not adding a retention lake(so they can build more buildings)and will dump excess I water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. • The proposed project(three acres of buildings)strips the property of its preserve and stands of piny i buffering Dover Parc Condominium. i i 1 i 1 Please We urge you to stop this development.Briarwood is a successful and proud community.This s il development is for an industrial site and does not belong in a community zone I i i i i 1 Thank you for your time and I hope that you reconsider and stop this development. 1 Regards 1 Miguel Manglallan and Zandra Zarris Briarwood Home Owners g5 J. 3 JohnsonEric . I k From Jeff Mills <JeffreyMills @deltek.com> F Sent: Wednesday,August 19, 2015 9:36 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid € - Subject: Proposed Premier Auto Suites 8 S u 3 i fi Dear Collier County Representatives, I I'm writing you this evening to convey my opposition to the proposed development by Premier I Auto Suites adjacent to the Briarwood Community. I'm a homeowner in Briarwood (576 Briarwood Blvd) and first became aware of the proposed development when reading the Naples Daily news earlier this year. In the article it stated that there were 2 neighborhood meetings (l didn't receive notification) and the developer was quoted as saying "There has been no opposition to our project at all." I found that comment to be slightly disingenuous back in January and as I've learned more about the developer,the proposed project and the I opinions of my fellow Briarwood Homeowners (in regards to the proposed project)... It's only confirmed my initial view that this project and it's intended location isn't in the best interest of either the residents of Briarwood or the greater Naples Community. t l I Over the past 21 years, including the last 10 in Briarwood, I've been very impressed with the t way Naples/Collier County have planned and managed the significant growth we've 1 seen. Collier County is truly one of the best-planned and maintained counties in America, 1 striking an excellent balance between commercial and residential areas. When I originally purchased my home in Briarwood, it was my understanding that the land k occupied at the time by a golf driving range was targeted for a small commercial development designed to support Briarwood and the many surrounding residential communities... it was l i explained to me that a small "strip shopping plaza" comprised of business that would be of ( practical use to local residents; pizza parlor, convenience store, dry cleaner, etc. was the I intended use of this land. If I had known that a development like what is proposed was an option for this piece of land, I wouldn't have purchased my home in Briarwood. E If my understanding is correct,the size of the proposed development would greatly exceed ' i a what is currently allowed. I'm not sure why we would consider accepting a project that so greatly exceeds current zoning whilst providing no value to the many residential communities in the immediate area. k 1 i 1 i In the Naples Daily news article from January 13, 2015 the developer also states "I really liked this site because it had more of a neighborhood feel, ...I didn't want to drive through an industrial park to get to my site." He is correct that Briarwood and the surrounding communities are located within a neighborhood setting. I again would ask how does placing a large-scale warehouse development within a neighborhood benefit the residents of that neighborhood. A large-scale warehouse for exotic cars/boats/etc. doesn't belong in the community commercial area of the Briarwood nor its surrounding sister communities. I kindly ask that you continue your great work over the past several decades and preserve the long standing protection of the architectural review over this commercial area. Please vote "No" on this project and continue to work with developers to find a more suitable project that will benefit the many residents of our neighborhood community. Best Regards, Jeffrey Mills 576 Briarwood Blvd Naples, Florida 34104 This e-mail and any attachments are Intended only for the named recipient(s)and may contain information that is legally privileged, confidential,or exempt from disclosure under applicable law.This message may be logged for archival purposes,may be reviewed by parties at Deltek other than those named in the message header,and may not necessarily constitute an official representation of a Deg*, If you have received this message in error,or are not the named recipient(s),you may not retain copy or use this e-mail or any attachment for any purpose or disclose all or any part of the contents to any other person.Any such dissemination,distribution or copying of this e-mail or its attachments is strictly prohibited.Please immediately notify the sender and permanently delete this e-mail and any attachment from your computer. 2 i i 1 1 JohnsonEric 1 From: Zandra Zarris <maxzoe @me.com> Sent: Wednesday, August 19, 2015 9:46 PM To: StrainMark; RomanCharlette; ChrzanowskiStan; Ebert Diane; BosiMichael; HomiakKaren; TaylorPenny; DoyleBrian; StoneScott; a BellowsRay; JohnsonEric; WilkisonDavid t Subject: Re: Briarwood Community r j I Dear Commissioners, 1 i Please ensure this project is halted. Briarwood is such a beautiful community. Let's preserve the integrity of the area. Don't allow the project to negatively impact the families that call Briarwood home. We are planning to retire in this community soon. Please vote down the project. d I We've reached out to Governor Rick Scott and to social media if necessary. { 1 Y Miguel Manglallan and Zandra Zarris Briarwood Homeowners 1 Sent from my iPad mini On Aug 19,2015,at 9:04 PM,Mike Manglal-lan<miguelrm caQmsn.com>wrote: i j 3 We are a home owner at Briarwood Community and We are very concerned about the proposal to build at the corner of Radio and Livingston roads.We believe that this development should be stopped for the following reasons: i : • The project is experimental and will negatively impact my property values. • The developer is asking to eliminate Briarwood's residents' rightsin the existing PUD for arc 1 a review. 1 i • The developer is requesting to double the allowable building size by more than 100,000 squat j i feet,and radically change the permitted use-eliminating the Briarwood residents'commerci 1 completely. • The developer is not adding a retention lake(so they can build more buildings)and will dump ! I water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. I x • The proposed project(three acres of buildings)strips the property of its preserve and stands 1 1 buffering Dover Parc Condominium. } I Please We urge you to stop this development.Briarwood is a successful and proud community. This development is for an industrial site and does not belong in a community zone i j Thank you for your time and I hope that you reconsider and stop this development f 1 1 i II Regards Miguel Manglallan and Zandra Zarris Briarwood Home Owners i • } fi 2 II r Y E - i k JohnsonEric From: Robin DiLeo <robin1183 @camcast.net> Sent: Wednesday, August 19, 2015 10:31 PM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; TaylorPenny Subject: Tomorrow's Planning Meeting - Please Read. I Attachments: Briarwood PUD.pdf I Please read attached letter regarding tomorrow's meeting. Thank you. I " Xi 11 j i3 ti i a l 1 j j • x l 1 August 19,2015 E RE: Briarwood Community Proposed Development I To Whom it May Concern: t I am sorry to say I am not able to attend the Planning Commission meeting and more sorry to see there is even a reason for this meeting! l i What is happening to the residential areas of Naples? When driving around what used to be 1 beautiful Naples,all one sees is development,construction and congestion. These are all the reasons our family originally moved away from"up north". We perfectly understand the need for k a growth and improvement,but this goes beyond that,and goes straight to lining someone else's pockets at the expense of the community and residents. The proposed parking garage is nothing more than a concealed living unit. I 1) A parking facility belongs in a commercial area. 2) A parking facility does not call for the need for amenities and lofts.(I don't know about you,but my car never asked for running water and loft space) 3) The unit is intended to sell for what some homes sell for,which tells me there is something more here than a parking garage. l 4) The owners would be able to sublease the space and there is nothing stopping people from living in the space. We need to maintain trees and green-space around our homes and the tree-line that runs along the back of Dover Place is there for a reason. With that gone,the owners will face concrete buildings. 3 I Commercial buildings in our backyards is not only not fair,but hurts the home values.There are many people who will not purchase a home with this so close to the development i jIt is also not fair that during the construction phrase,we will be faced with noise,debris,additional traffic and congestion,and what happens if the developer declares bankruptcy(again)during the development? What will we look at then? ! t We have lived in the Briarwood Development for fifteen years,all of which have been a pleasure as it is a beautifully maintained and comfortable development One of the plusses is when you pull off busy Radio or Livingston Roads,you feel as if you are away from what you left. With commercial buildings at our gate,not only will the feeling be lost,but so will many of the residents that have called the development home for many years. This PUD speaks to more than just our development,it is an example of what is being allowed to go on in Naples in general.We are not only residents here,but own two business as well. If this type of over-development and under-consideration continues,we will be moving away from Naples and so will my businesses. i We urge you to make the right decision today. 3 Thank you. Robin &Frank DiLeo Briarwood Residents i i JohnsonEric t i From: Frank Nugnes<nuggets2 @optimum.net> : l; Sent: Thursday, August 20, 2015 12:05 AM 1 To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; t RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 ! WilkisonDavid; TaylorPenny Subject: Premier Auto Suites Project- Briarwood PUDA-PL20150000175 To: Collier County Planning Commission& Commissioner Taylor 1 i My wife and I own a condominium within the Briarwood Community. We have been against the Davidson Engineering planned development from the time we were informed about it,close to 9 months ago. Unfortunately,we have not been able to attend any meetings because we are rarely in our Naples condo except for a couple weeks in Spring and Fall. Our plans are to take up residence in our Naples condominium after my retirement the end of this year i t The following are some of the reasons we are asking for a vote against the proposed project: a E The project is experimental and will negatively impact our property values. 1 ; The developer is asking to unfairly eliminate Briarwood residents'rights in the existing PUD v , for architectural review. The developer is requesting to double the allowable building size by more than 100,000 square feet, and radically change the permitted use-unfairly eliminating us Briarwood a y, residents' commercial center completely. The developer is not adding a retention lake(so they can build more buildings) and will dump excess water into Briarwood's Lakes. , 'x This experimental project is allowed in an industrial area and should not be allowed in our residential neighborhood. I The proposed project(three acres of buildings) strips the our property of its preserve and 1 n; stands of pines buffering the Dover Pare Condominium. ` i i We are asking that you vote against this project for the negative impact it will have on the area and our community. Sincerely, Frank&Betty Nugnes 337 Dover Place Unit#102 (201)393-9530 z I. i i 1 ft JohnsonEric i From: Helen Earley<hvearley @hotmail.com> I y Sent: Thursday, 9 Thursda August 20, 2015 2:54 AM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid Cc: Helen Earley;john earley I Subject: Proposed Development Radio Road/Livingston Road 9 P 6 9 a. Dear Sir or Madam, 3 1 i I am a property owner at 1120 Tivoli Drive,Naples FL 34104 on the Briarwood Development.The proposed 1 development at the corner of Radio Road and Livingston Road has come to my attention and is causing me considerable concern. i There are a number of issues : I • The project is experimental and will negatively im act my provalue. g 1 € g • The developer is asking to eliminate Briarwood's residents' rights in the existing PUD for t architectural review. • The developer is requesting to double the allowable building size by more than 100,000 square s feet, and radically change the permitted use-eliminating the Briarwood residents'commercial center I ` completely. 1 • The developer is not adding a retention lake(so they can build more buildings) and will dump excess 1 water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. i • The proposed project(three acres of buildings)strips the property of its preserve and stands of pines buffering Dover Parc Condominium. 1 J i i If permission is given and the commercial enterprise fails in the future,we will be left with an industrial size m development which,with the best will in the world,would not be re-converted to the current state. Naples is } becoming more and more developed and I would like to see the retention of as much green space as possible.I � x realise this may be unrealistic for this plot of land,but I feel if it could not be preserved as green space,then a more sympathetic development,in keeping with the area,would be more desirable. ' i I hope you will be able to support me and take my concerns into consideration when viewing this application. ' i F Thank you. i Yours sincerely, I 1 I Helen Earley. 1 4 S 1 JohnsonEric From: Derek Marsh <derekcaptain @hotmail.com> € Sent: Thursday, August 20, 2015 6:57 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 WilkisonDavid; TaylorPenny 1 Subject: Briarwood/Auto Storage complex ' ggggI 1 I Dear Comissioners, I am writing to address concerns I have about the proposed auto storage complex on the corner of Radio Rd. k and Livingston Rd. I am a resident and home owner in Briarwood,the adjoining development. The project seems to have a lot of issues that are outside of normal use and development,mostly in the name of creating more storage space and revenue for the developer.I want to be absolutely clear that I firmly oppose using retention ponds created for Briarwood residential run off to catch the run off from a commercial auto facility.This has many pollution ramifications we won't be able to forecast.Certainly if the lot they have purchased isn't big enough to have their own retention pond the developer should scale down the project to I I properly conform.I also understand the project will eliminate the preserve area that was set aside during 1 Briarwood development.I'm watching many huge complexes go up around the county right now and frankly the 1 is cost of land and greed is forcing developers to strip every tree off each property and use every inch for profit. Preserve means just that. I It is my further understanding that this project is double the normal allowable square footage,not in keeping 1 with current zoning and the developer is asking to restrict Briarwoods residence from our right to review the i plans for this new development. I have received letters from the developers engineering firm asking that I support the project. I do NOT support I this project,or any project that wants to double the normal use of their lot,pollute our lakes and strip our i vegetation. NO NO NO. i I call on all of you to put your foot down on some of this stuff not just with this development but with all development in Collier County. Naples will be an ugly,over developed city in no time if we don't slow this } down. ! 1 Thanks for your help. i F Regards, Captain Derek Marsh 1 Marsh Marine Inc. /Ross Yacht Sales LLC 239-289-1673 derekcaptain(cihotmail.com s i it 1 a A i . JohnsonEric 1 From: Sandy Nowakowski <sandy @interlinegroup.cam> 1 Sent: Thursday, August 20, 2015 8:03 AM y Nowakowski To: Sandy ' Subject: Changes the property at the corner of Radio and Livingston Roads. i To Whom it May Concern. t We own the property at 1051 Tivoli Drive in Naples(Briarwood).We believe the changes to the property at the corner .e of Radio and Livingston Roads will have a negative impact on our community for the following reasons: a l 1. The project is experimental and will negatively impact your property values. 2. The developer is asking to eliminate Briarwood's residents'rights in the existing PUD for architectural review. I 3. The developer is requesting to double the allowable building size by more than 100,000 square feet,and radically change the permitted use-eliminating the Briarwood residents'commercial center completely. 4. The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into 1 Briarwood's Lakes. i 5. This experimental project is allowed in an industrial area,not in a residential neighborhood. i 6. The proposed project(three acres of buildings)strips the property of its preserve and stands of pines buffering Dover Parc Condominium Please consider these negative implications in your assessment before you vote. 1 i ii Thank you 9 Sandy(and Jim)Nowakowski Interline Creative Group,Inc. Ia 553 N. North Court 1 Suite 160 i Palatine,IL 60067-8124 I T:847-358-4848 I F:847-358-8089 1 E:sandv(�interlineRroup.com i E I I IMPORTANT:This message and any attachments may contain confidential information protected by the agency-client or other privilege.If you believe that it has been sent to you in error,please reply to the sender that you received the message in error.Then i - delete it.Please be advised that disclosure,copying or distribution or use of the contents is strictly prohibited.Thank you i. s i 1 1 e` JohnsonEric 1 From: BellowsRay 1 I Sent: Thursday, August 20, 2015 9:13 AM To: JohnsonEric Subject: FW: Livingston/Radio proposed land change i FYI 5 i Raymond V.Bellows,Zoning Manager t Zoning Division-Zoning Services Section Growth Management Department-Planning &Regulation a _ Telephone:239.252.2463;Fax:239.252.6350 I i CAL. Comity From: Janine B [mailto:Janine @Iemacproperties.com] Sent: Wednesday,August 19, 2015 2:58 PM 1 i To: BellowsRay ( s Subject: Livingston/Radio proposed land change . TO: Collier County Planning Commission Dear Mr.Bellows, 1 i I My name is Janine Brown and I reside in the Briarwood community in Naples,Florida. I am writing to ask that you deny the land change request for the corner of Livingston and Radio Road. I have 1 lived in Briarwood the last 10 years and have raised my children in this quiet,family-oriented community. Had 1 this"Car Storage Facility"been here when I looked at Briarwood to establish my home,I would not have purchased here. This facility will have a negative impact on my property value. 1 When this facility was initially presented to the residents,admittedly,I was not too pleased with the proposal, but was willing to listen. Now,however,it's become apparent that after trying to paint a rosy picture to the E residents,the developer is now trying to double the amount of area he wants to build on,and remove our architectural committee from having any voice in the impact of his project. These buildings will be a monstrosity in the middle of a residential area. This proposed project needs to be in an industrial area,not next i , to the clubhouse,swimming pools,condos and houses in our peaceful neighborhood. This land is for a small shopping plaza,or something to that effect,that will complement our neighborhood. These proposed buildings i r PP i f are not,in any way,complementary to our residential community. Calling it"upscale"does not change what it is. It's an industrial complex. i I ask that you deny the proposed land change. Thank you Sincerely, Janine Brown 1 i I. 3' t JohnsonEric From: . BellowsRay Sent: Thursday, August 20, 2015 9:17 AM To: JohnsonEric Subject: FW: Briarwood x : x I FYI i Riot I Raymond V.Bellows,Zoning Manager 1 Zoning Division Zoning Services Section Growth Management Department—Planning&Regulation Telephone:239.252.2463; Fax:239.252.6350 1 co: Br c,a.4.1pLty From:Angela Clark[mailto:adclark25©gmail.com] Sent:Wednesday,August 19,2015 4:22 PM t To: BellowsRay 1 Subject: Briarwood I am currently in MA.and I am strongly opposed to what this developer is trying to do to my neighborhood. I •The project is experimental and will negatively impact your property values. •The developer is asking to eliminate Briarwood's residents' rights in the existing PUD for a ii architectural review. 1 •The developer is requesting to double the allowable building size by more than 100,000 square feet,and radically change the permitted use-eliminating the Briarwood residents'commercial center completely. •The developer is not adding a retention lake(so they can build more buildings)and will dump excess water into Briarwood's Lakes. I •This experimental project is allowed in an industrial area,not in a residential neighborhood. I •The proposed project(three acres of buildings)strips the property of its preserve and stands of pines I buffering Dover Parc Condominium. I Angela Clark (E-mail:adclark25 agmail.com) i Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing, I i i i 1 i i ,i JohnsonEric f i , From: BellowsRay Sent: Thursday, August 20, 2015 9:18 AM i To: JohnsonEric Subject: FAN: Aug 20 vote on Radio and Livingston Project 1 i FYI Rag Raymond V.Bellows,Zoning Manager Zoning Division r Zoning Services Section i ! Growth Management Department—Planning &Regulation Telephone:239.252.2463; Fax:239.252.6350 € Co r r Comity t From:Jeannie Wynn [mailto:jwynn47 @comcast.netl Sent Wednesday,August 1.9,2015 4:35 PM I To: BellowsRay Subject:Aug 20 vote on Radio and Livingston Project 1 Hello, I am a Briarwood resident. 1 am very concerned about the abuse of the land and 1 resources and invasive tactics and encroachment of the new development at the corner i t of Radio and Livingston Road. 1 i j Please vote against this development unless a thorough review is done of all measures and until such ; time as all can be assured that no danger to the adjacent land and community will be done. I ' F This motorcycle/vehicle/dwelling facility is not turning out to be as originally billed-which was doubtful as a good fit for this very busy area at best,next to a residential area. i Help us with this please. One of many concerned residents of Briarwood. Residential owner of 6 properties and Naples resident since 1997 in Briarwood. i i Jeannie Wynn = Under Florida Law,e-mail addresses ere public records.If you do not want your a-mall address released In response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 I E I JohnsonEric Q { 3 From: BellowsRay 1 Sent: Thursday, August 20, 2015 9:24 AM i To: JohnsonEric . Subject: FW: Property at the corner of Livingston and Radio t R • FYI s l t s Shay, € A Raymond V. Bellows,Zoning Manager A i Zoning Division Zoning Services Section Growth Management Department-Planning&Regulation i Telephone:239.252.2463;Fax:239.252.6350 S f Co ier CoUtrity ` f. From Bonnie Brisky[mailto:bbrisky @aol.com] A Sent: Wednesday,August 19, 2015 5:43 PM s To: BeliowsRay Subject: Property at the corner of Livingston and Radio I i We will not be able to attend the Thursday, August 20 meeting of the Collier County Commissioners 1 meeting tomorrow. However we did want you to know that we are very concerned about the I experimental nature of the project; the potential elimination of Briarwood's residents right; the increased size and changing of the permitted use. In addition, the fact that the developer is not adding a retention lake and there are no buffering trees between the development at the corner and our development. Please consider the rights and concerns of the people who live in the area and the changes that are I being proposed. i Bonnie Brisky and Dale Clarke 239 455 3930 I i Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send I electronic mat to this entity.instead,contact this office by telephone or in writing. i i 1 I i F 1 JohnsonEric From: barbara morris <barbara.morris @ntiworid.com> Sent: Thursday, August 20, 2015 9:41 AM 1 To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; 1 RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; 1 WilkisonDavid; TaylorPenny Subject: Proposed development of storage facilities at the corner of Radio and Livingston road k Dear Sir/Madam i Proposed development of storage facilities at the corner of Radio and Livingston road. i I am writing to express my extreme concern at the proposed development for a storage facility at the Briarwood t Y estate in Radio Road. f. I am an owner of a property in Tivoli Drive on the Briarwood estate and have several key concerns about the proposals. Firstly it seem to be a most inappropriate development to be placed in the community area of a i residential neighbourhood. The proposed warehouse would appear to be more appropriately sited in an industrial zone. I certainly would not have purchased my home in Briarwood if I had been aware that such a 1 1 change of use was possible. q , The proposed increase in floor area and size of the facility is particularly alarming.The developer is requesting I to double the allowable building size by more than 100,00 square feet and radically change the permitted use- t eliminating the Briarwood residents'commercial center completely.The proposed project(three acres of } buildings)strips the property of its preserve and stands of pines buffering Dover Pare Condominium. The proposed increase is excessive and will adversely affect the Briarwood residential community both in terms of the environmental impact and the impact on property values. My understanding is that the developer is not adding a retention lake and will dump excess water into 1 j Briarwood's Lakes. This is unacceptable and could lead to contamination of the lakes and excessive clean-up costs for Briarwood residents. Brairwood should not be held liable for the environmental impact of this , development. The developer is asking to eliminate Briarwood's residents'rights in the existing PUD for architectural review. I The long standing protection of the architectural review over this commercial area needs to be preserved and retained. I am unable to attend the meeting that has been arranged on this issue but wish to express in the clearest of i terms my alarm at the impact that these proposal will have on the Briarwood community and hope that you will give due recognition to the concerns and of residents in this matter. i Yours Faithfully 1 Barbara Morris 1095 Tivoli Drive Briarwood 1 i i i i i l JohnsonEric From: Karasewich, Debra <debra.karasewich @scotiabank.com> Sent: Thursday, August 20, 2015 11:47 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; l RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; x WilkisonDavid i Cc: NicoleatCNE @aol.com { Subject: Premier Auto Sales i 1 1 I am writing to express my concern over the proposed development of the Premier Auto Suites on the NE corner of _, Livingston and Radio Road. I I purchased a Condo in Briarwood 3 years ago,which is very close to the development site. Had I prior knowledge that i this type of development would be proposed,I would not have made this purchase and sought another location that does _i. not have a commercial business practically at my door step. I am also concerned with the take away from the beauty of A contamination, Briarwood and lower our property valueA s removal of trees,etc.,which situation unfair to the current residence. I would appreciate if my concerns were taken into consideration in your approval/decline process. I Thank you, Debra Karasewich x To unsubscribe from receiving further commercial electronic messages from The Bank of Nova Scotia in Canada,please click here:https://unsubscribe.scotiabank.com?entid=BNS&buid=SBNK To unsubscribe from receiving further commercial electronic messages from certain other senders set out in the 1 w attached list,please click here:https://ww .unsubscribe.gwi.scotiabank.com?page=gwi I If i This email may contain confidential information the use of which by an unintended recipient is unauthorized. i This email may also contain important disclosure information for the records of the intended recipient(s).For 1 details please click here:http://www.scotiabank.com/email_disclaimer/email_english.html t i Pour vous desabonner et cesser de recevoir des messages electroniques commerciaux de La Banque de Nouvelle-Ecosse,veuillez cliquer ici :https://desabonnement.banquescotia.com?entid=BNS&buid—SBNK Pour vous desabonner et cesser de recevoir des messages electroniques commerciaux de certains autres expediteurs figurant dans la liste ci-jointe,veuillez cliquer ici : E F hops://www.unsubscribe.gwi.scotiabank.com?page=gwi Cette transmission peut contenir de 1'information confidentielle et son utilisation par toute personne autre que la I personne a laquelle cette transmission est destine est interdite.Le present courriel peut aussi contenir des renseignements importants pour les dossiers du ou des destinataires prevus. Pour plus de details,veuillez vous . diriger versa http://www.scotiabank.cont/email_disclaimer/emailfrancais.html Para dejar de recibir mensajes electronicos comerciales de The Bank of Nova Scotia en Canada,haga clic aqui: i, https://cancelarsuscripcion.scotiabank.com?entid=BNS&buid=SBNK 1 t l - I JohnsonEric From: Jim Moore <jimbassuk @yahoo.com> Sent: Thursday, August 20, 2015 12:12 PM To: JohnsonEric Subject: Fw: Premier Auto Suites -- Forwarded Message ---- 3 x From:Jim Moore<jimbassuk @yahoo.com> To: "KarenHomiak @colliergov.net"<KarenHomiak @colliergov.net> Sent:Thursday,20 August 2015, 11:31 Subject: Premier Auto Suites j We have owned 5110 Brixton court briarwood since 2002 .We attended the meeting in November 2014 to view the plans by the proposers and considered their plans were acceptable.however we do s i not accept this latest proposal to increase the floor area of the units and the destruction of the € !J preserve.this would be out of scale with the community and properties on briarwood Alison &Jim Moore $ j } 3 � A 1 Y s i JohnsonEric i From: Laurie Szittai <laurieandmark2 @aol.com> i Sent: Thursday, August 20, 2015 3:26 PM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; a TaylorPenny; RomanCharlette; StoneScott; BellowsRay; Johnson Eric; BosiMichael; WilkisonDavid f Subject: Briarwood 1 E Dear County Officials, h a i We are not in favor of this project, we strongly object for the following reasons: The project is experimental and will negatively impact our property values. I The developer is asking to eliminate Briarwood's residents' rights in the existing PUD for architectural review. The developer is requesting to double the allowable building size by more than 100,000 square p 9 / feet, and radically change the permitted use - eliminating the Briarwood residents' commercial I i center completely. The developer is not adding a retention lake (so they can build more buildings) and will dump excess water into Briarwood's Lakes. i This experimental project is allowed in an industrial area, not in a residential neighborhood. The proposed project (three acres of buildings) strips the property of its preserve and stands 1 of pines buffering Dover Parc Condominium. 1 t a Thank you for hearing our communities concerns. 1 ;r Sincerely, I m. Laurie Szittai b 1 1 3 I f 1I r il i ; 1 1i i i I 1 i 1 1 I 1 i i 1 B JohnsonEric r i : From: StrainMark { Sent: Thursday,August 20, 2015 7:03 PM To: JohnsonEric t Subject: FW: Emma Grega unable to make meeting i 6 t 4 Mark 239.252.4446 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in 1 response to a public records request,do not send electronic mail to this entity. Instead,contact this office by i ti telephone or in writing. I. 1 ----Original Message From: Anne Grega[mailto:annegrega@hotmail.com] 4 1 4 Sent:Thursday,August 20,2015 8:10 AM To: StrainMark 1 Subject:Emma Grega unable to make meeting 1 i Good morning, I s s I am Emma Grega's daughter writing a message from her. She resides at 401 Dundee Court,Briarwood,very 1 B close to the area of development. My mother had cataract surgery yesterday and is unable to attend yesterday's a { and today's meeting. She will be incapacitated for two more days with continual drop medications and blurry , vision.My mother and our family share our concerns about the proposed development and hope that it is not ; voted for approval.This development will negatively affect the value of all briarwood properties,and add other - major concerns,including the lake issue.Please share with all others on the e-mail list as we are headed shortly for her post surgery appt®9:15 9 15 this morning.Thank you,Anne Grega for Emma Grega,239-403-3526.My cell I is 212-505-8656;her home no is 239-403-3626. I s Sent from my iPhone 1 1 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in I { response to a public records request,do not send electronic mail to this entity. Instead,contact this office by ? telephone or in writing. i I t i r i s 1 i i' i i_ 1 i- I i JohnsonEric 1 I f. From: StrainMark Sent: Thursday, August 20, 2015 7:05 PM To: JohnsonEric Subject: FUN: Briarwood i M ark, H I 239.252.4446 N i ii t Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address reLeased in r response to a public records request, do not send electronic mail to this entity. Instead, contact this t ' office by telephone or in writing. s From: Sue[mailto:suekrandci @hotrnail.com] Sent:Thursday,August 20,2015 9:23 AM I To: StrainMark Subject: Briarwood 1 Y We are homeowners in Briarwood and are unable to attend the meeting this morning. We are against the new proposal and feel it would negatively impact our area. Rick and Sue Krancki 1947 Terrazzo Lane ( : Sent via the Samsung GALAXY S®4,an AT&T 4G LTE smartphone r Under Florida i_ew,a-mail addresses are public records.If you do not want your a-mail address released in response to a public records request,do not send electronic mall to this entity.instead,contact this office by telephone or in writing. p € i i3 i i s 4 i I I { I 1 i 1 l 3 1 i i I f LI JohnsonEric 1 From: Rob <robwest619 @aol.com> ii I Sent: Thursday, August 20, 2015 8:30 PM To: Robert Westreich Subject: Premier Auto Suites a 1 ! I As a member of the Briarwood community,I wanted to bring some issues to your attention regarding the proposed land development on the corner of Livingston Avenue and Radio Road. 1 p p 1)The new proposed warehouse use does not belong in or adjacent to the primary residential Briarwood i community. � E 5 2)Such use is more appropriate in and should be restricted to industrial zoning districts. 3)The proposed Increased floor area and size of this type of use is excessive and out of scale with the 1 community. As a result,this project adversely affects the Briarwood residential community and its residents from both a property value and quality of life perspective(noise,traffic, etc.). i t 4)I'm not sure a reasonable person would have invested in a residential property in Briarwood knowing such a 1 use of the community was possible.If I would have been aware of such a development,I likely would have not purchased my house there had I known this type of use was to occur. 1 g 5)I have owned my property in the Briarwood community since August 2001 and in close proximity to the proposed development site. I 6)As the Briarwood homeowners association requires me to maintain the aesthetic quality of my home and property, so do I expect the community to do the same. I entered this community for its serene,tranquil, 1 comfortable environment and neighborhood aesthetics and hope the community can maintain this. 1 j i W I am very concerned about this proposed development and believe it is not the appropriate sort of project for # ! this kind of community. i Regards, Robert Westreich f �$ 1 1 3 t JohnsonEric r. From: Bob Martin <bob @bobandrenee.com> i Sent: Friday, August 21, 2015 8:59 AM l To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; TaylorPenny • Subject: Proposed Premier Auto Suites development i } 5 To whom it may concern, i. 4 I x I would like to write to convey to you the dismay that we are feeling toward proposed development at the corner of i Livingston and Radio roads. i It is our strong opinion that the new proposed warehouse uses don't belong in the community commercial area of primary residential Briarwood community, an area that already sees larger than average commercial traffic due to 1 the location near a major industrial area across Livingston Road. 1 j Furthermore,the proposed Increased size of this development is massively excessive, out of scale with the tj i community and properties in Briarwood and adversely affects the Briarwood residential community and its residents. k 1 ii Knowing that this development use was possible would have significantly impacted our decision to buy in this area at all, and will absolutely impact resale values of properties in the Briarwood development. I i We strongly feel that the long-standing protection of the architectural review over this commercial area needs to be 1 I preserved and retained. r i Best regards, 1 $v6 mid Romeo M wfiM l 983 Tivoli Dr. i Naples,FL 34104 1 (239)877-4280 i i 7 i i 1 1 6 I i 1 k 3 I` f ! JohnsonEric From: Fred Hood <Fred @davidsonengineering.com> Sent: Friday, August 21, 2015 12:15 PM I To: JohnsonEric Cc: Jessica Harrelson Subject: FVV: letter of support FYI a t j Frederick E.Hood 3 Senior Planner Fred(cdavidsonengineering.com 1 tz-z...74,,, E * j [ i t V DSON - www.davidsonengineerinq.com Davidson Engineering, Inc. 4365 Radio Road,Suite#201 4 Naples, FL 34104 Phone 239.434.6060 } Fax 239.434.6084 j } Disclaimer:This email,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorIzed review, t use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. a 1 9 From:Larry Garrow[mailto:lgarrow @edgarrowandsons.com] ] '' Sent:Thursday,August 20,2015 2:13 PM To:Fred Hood<Fred @davidsonengineering.com> t Subject:letter of support t 1 1 1 t i i 1 i i f - 1 y it i • i it • • li • •••. ;....•. ... 'August 30;2.015...••••••••1; i •Roar Commissioners, } I 1 live in the Briarwood.eomrrit►unityarid animtiting you today to expresi.support of the PremierAuto Suit+ss....' : 1 . project(Brlarwood.PUI?A-Pt201500001'1$) My support for this project.comes from•the design and use r �::". •;..., " of the property thatthe`.Devgloper.has amsistently presented in the_multiple neighborhood irif'ormation:'``.''-:- .... .`.:. i 'nmeetirigs...1 believe that the.Premier Auto Suites project will be less intensive add Intrusive than sirnte af.:•' the alternative commercial_Options`that are allowable within the Community Commercial:District of the- .• . ': s Biiarasrood OOP, •• :: . , • Given all'of'the_information provided to.my neighbors and I,Iamexc_itedtoseathisproject.moivetoruvard. ; •::., i ihanicyou. :. . . '` w•Sincerely,: •,f •• • • a i y—! • Printed Naie • A.•._ t • • • i y 2 3 ; 1 Larry Garrow Ed Garrow&Sons,Inc. a t 3 1 2 X E f2 tt) =t fi iZ k y� l 4 I I i I I ¶ s - { 3 1 i i i j 3 j JohnsonEric From: jeanette santomieri <santomieri@centurylink.net> q Sent: Saturday,August 22, 2015 11:33 AM To: StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; . tanChrzanowski @colliergov.net; RomanCharlette; StoneScott; , BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid i 0 Cc: TaylorPenny Subject: Objection to Premier Auto Suites Project in Naples Florida 1 Dear Collier County Planning Commission and Collier County Commissioner, ' i a 3 My name is Jeanette Santomieri. I live in the Briarwood Community, I am on Briarwood`s 1 Architectural Review Committee and I have been a realtor in Naples for approximately 15 years. The purpose of this letter is to formally oppose the Premier Auto Suites project being built on the corner of Livingston and Radio Roads. My husband and I looked for over 6 months before we purchased in t . Briarwood. We had hoped this would be our last home. Had we known about this project, or had this project already existed,we would never have purchased in Briarwood. Our community has had several homeowner meetings, regarding this project, and we are devastated by the possibility of losing our home values. We are just beginning to recover some of our lost property values due to the recession. Some of us may never fully recover financially. Florida was one of the four hardest hit states in the country. In an article written on 8/22/15, in The Fluff Post Business this was written, "States with the worst economic losses from 2008 to 2010 were Florida, Georgia, Alabama, Mississippi, Arkansas and California". We are all aware of how far our property values fell. We are still in recovery and now we have another threat, not only to our property values, but to our quality of life. 1 1 r In a Naples Daily News article, dated 1/13/15, the developer himself stated that there is no project, like this that have been built anywhere else. By his own words that makes this project experimental. Commissioners, please don't experiment with our property values. Please do l not approve this project. Please do not build this in Briarwood's backyard. i II f Additionally, in this article, the developer stated that there was "two neighborhood meetings and that I the residents are in support of this project." This statement is absolutely not true. I was at the 1 neighborhood meeting and we clearly expressed our concerns. Every step of the way, this developer i has been ill prepared, could not, or would not answer our questions, or mislead the residents of i Briarwood. 3 " Below are just a few of our concerns: 1. What amount of the existing vegetation and trees will be left? This is our residents natural buffer to this parcel of land. The answer we get from the developer is that anyone that builds on this property will remove the vegetation/trees. It is within their rights to do so. It may be within their rights, however, there are builders who elect to keep as much of the native vegetation as possible. A case in point is our own Briarwood community. Our developer had approval for many more units than he built. He elected to keep as much green as possible. He also built lakes in lieu of trucking in dirt. So, there are alternatives and we still have no definitive answer to this question. 1 i 2. In the Naples Daily News article, the developer said the project will include a 2,400 s/f clubhouse for gatherings and special events. With only one parking space per unit, where will everybody park? With no other alternatives, we believe they will be parking along the outside perimeter on Livingston and Radio Roads. Again in our back yard. 3. With no limits on how many vehicles/motorcycles, etc. can be stored in each unit, how do we police the noise? Cars/bikes reviving engines, parties, bands, drinking etc. 4. What landscaping is planned for the exterior? Strictly from an esthetic view, these buildings will change the landscape of the entire area to an industrial feel. Why were they not prepared with exterior renderings of the plantings? Again, the developer is very aware of our concerns but has not provided us with any answers . 5. We feel there is absolutely no compatibility with a beautiful, quiet gated community and a loud, massive, auto warehouse or compound. The original intent for this parcel was to have service businesses that would enhance the community and its residents. 6. We believe this project should be built in an industrial area, not, literally, in our backyard. Thank you for listening to our concerns. Please stop this project from being built on this site. Please save our property values and our way of life. Respectfully submitted. } Jeanette 5antornieri 5a ntomieri@centurginfc.net (z39)z63-o44o T 2 yk V G ,'q i JohnsonEric a. I From: Todd and Jennie Borton <jtborton @embargmaiL r com> Sent: Tuesday, August 25, 2015 1:44 PM To: StrainMark; HomiakKaren; EbertDiane; ChrzanowskiStan; RomanCharlette; StoneScott; BellowsRay; JohnsonEric; BosiMichael; €. 1 WilkisonDavid; TaylorPenny Subject: Please reconsider Livingston & Radio Rd. Development 1 1 F: Hello: t 1 As a resident of Dover Place Condos in the Briarwood Development I would ask that you please reconsider j allowing the proposed development on the corner of Radio and Livingston Rd. There are many reasons to reconsider this. We love where we live. It is a resident friendly enviroment. A structure like this should be in 1 an industrial park setting. Someone's expensive automobiles are not going to care where they are parked or 1 what is next door,or if they have a view. But I sure will! It will effect the drainage going into our lakes and maybe even our homes. I realize it is an open lot and development happens, but this is not the type of development that should happen in THIS location. Please put yourself in our place. Would you want t something like this going up in your backyard? t is I Thank you for your consideration, I : Joel Borton r A resident of Dover Place Condo'sMarkstrain @colliergov.net t , KarenHomiak @colliergov.net 1 DianeEbert@colliergov.net I 1 BrianDoyle@colliergov.net 5 St anChrzanowski @colliergov.net 1 CharletteRomanPcolliergov.net i } ScottStone@colliergov.net 1 RavBellows @colliergov.net EricJohnson @colliergov.net MichaelBosi@coliiergov.net I DavidWilkison@colliergov.net i I 1 j I. 3 1 11 ! i I t 1 ' 1 1 f j T,JohnsonEric T s i From: BellowsRay Sent: Tuesday, August 25, 2015 4:00 PM i To: JohnsonEric € , Subject: FIN: Building on Livingston/Radio Road 1 FYI 1 , Ray i ) Raymond V. Bellows, Zoning Manager t Zoning Division-Zoning Services Section s Growth Management Department-Planning &Regulation 1 Telephone:239.252.2463; Fax:239.252,6350 Co eir County i From: Philip Renison [mailto:prenison @mindspring.com] is Sent:Tuesday,August 25, 2015 3:56 PM To: BellowsRay Subject: Fw: Building on Livingston/Radio Road I : Subject: Building on Livingston/Radio.Road: ;`.;>' ;';::..:.;'. ....: :.. ) t I We do not favor the developers requests for a structure on corner of Radio/Livingston Road. There are I several points of interest that we as homeowners are not agreeing to. 1 1) Doubling the allowable size by more than 100,000 sq feet 1 2) Developer will not save buffer trees only to add on more construction i d 2 3) Developer is not adding a retention lake and will dump excess water into Briarwood Lakes 1 4) Experimental project is allowed in an industrial area,not a residential neighborhood i 5)Accepting the water runoff makes Briarwood liable for the environmental impact 6)The proposed project strips the property of it's native vegetation R i We thank you for your attention. i Regards, Philip Renison Under Florida Law,a-mad addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.instead,contact this office by telephone or in writing. 7 I 1 , 3 JohnsonEric I From: Cathy Renison <cmrenison @yahoo.com> Sent: Wednesday, August 26, 2015 8:53 AM To: penntaylor @colliergov.net; StrainMark; HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan; RomanCharlette; StoneScott; ; BellowsRay; JohnsonEric; BosiMichaet;WilkisonDavid 3 Subject: Proposed Building on Livingston Road & Radio Road Hello, z We do not favor the developers requests for a structure on corner of Radio/Livingston Road. There are several points of interest ) that we as homeowners are not agreeing to. 1)Doubling the allowable size by more than 100,000 sq feet • "' 2)Developer will not save buffer trees only to add on more construction 3)Developer is not adding a retention lake and will dump excess water into Briarwood Lakes 4)Experimental project is allowed in an industrial area,not a residential neighborhood 1• ) 5)Accepting the water runoff makes Brlarwood liable for the environmental impact R 6)The proposed project strips the property of it's native vegetation We thank you for your attention. s 4. Catherine Renison I t i s I E y 6 _ y 1 j 4 C 1 f 1 1 3 v JohnsonEric From: Liz Marlow<lizmarlow @hotmail.com> I Sent: Thursday, September 17, 2015 1:44 PM To: TaylorPenny x Cc: StrainMark; Ebert Diane; DoyleBrian; ChrzanowskiStan; StoneScott BellowsRay; JohnsonEric; BosiMichael; WilkisonDavid; RomanCharlette; ( HomiakKaren Subject: Development at the corner of Livingston Road and Radio Road outside Briarwood i b Importance: High i i We have been homeowners in the Briarwood Community at 1063 Tivoli Lane since 2004.We are sending this . , i email in connection with the application for development on this site.We attended the hearing meeting in I s August and were most concerned that the representative of the developer seemed to have little idea about l r` the nature of the development,indeed could not even explain clearly how the proposed development might } f. be defined.We were surprised that he was allowed to continue to make his case when the Chairman of the I Committee not only commented that the representative was making reference to plans that were inaccurate, 1 but also that revised plans should have been made available for the meeting but had not been brought with him.We are disappointed that today's scheduled meeting has been cancelled as we would have attended. Many of my fellow residents had the opportunity of speaking in August and we would like to make our feelings 1 known on the proposed development. We wish to make the strongest objection to the recent changes as follows: 1)The proposed warehouse uses do not belong in the commercial area of the primary residential Briarwood community. its size and usage is more suited to an industrial zoning district.We understand that the developer has altered the plans for the warehouse to double the size of the buildings and to increase the development j by 40%-as mentioned at the August hearing.The increase floor area of this usage is excessive and out of scale with the community and properties of Briarwood. 2)We understand that the proposed increase in size has been made possible by the lack of a retention pond/lake.This means that Briarwood residents would be responsible for run-off from the development fouling lakes in the community and beyond,including any potential further contamination caused by the warehouse development.This cannot have been considered when the original zoning was set up.We cannot see how this can be considered in any way equitable for the Briarwood residents. 3)The natural landscaping of trees,which creates a buffer zone,is to be reduced which will have a detrimental effect on those properties adjacent to the site.The developer's representative stated at the August hearing that an eight foot wall would be built at the perimeter of the site to compensate,but this would have the effect of living behind a prison for residents in those properties. I 4)We believe that there is a request to remove the Briarwood's resident's rights in the PUD for architectural review.This has been a long established right to protect Briarwood and should be respected and preserved. i 1 Approving this development will have a seriously detrimental effect on the Briarwood community; it will impact on the property values and is against the information about possible development that was given to owners at the time of their purchasing their property.We would have had serious doubts about purchasing the property had we been aware that the community could be fronted by such a dominant warehouse as is now proposed. We would strongly urge you to vote AGAINST the PUD change and AGAINST the development. David and Elizabeth Marlow 1 i5 1 Yp 2 I 3 JohnsonEric k From: StrainMark . Sent: Monday, October 05, 2015 7:24 AM To: JohnsonEric Subject: FW: garages 4 Please distribute as usual. Mark 239.252.4446 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. ----Original Message From:Harryett King[maitto:harryettkng7l®gmail.com] Sent: Sunday,October 04,2015 9:11 PM . i To: StrainMark Subject: garages ,My name is Harryett King and I have lived in Briarwood for almost 20 years,I am appalled that they want to put up parking garages on the corner of Livingston and Radio,this is an industrial project and is of no benefit to the residents of Brairwood.If some people think that there would be less traffic than if it would be parking garages evidently they didn't look into how many cars. motorcycles that each unit would hold,all with a party atmosphere Car shows ect.With the cost of these units I don't think that our residents could afford one.By the developers admission people would buy these units from all over the country.I beg you to vote no for the permit for this project. Csr garages in this category are in industrial parks across the country.Granted we are close to an industrial park but separated by a four lane highway.We need something on that corner that residents could walk to,have a cup of coffee,get your hair done,even Lowes would have benefited the resident.Preferably a small strip mall but certainly hot a parking garage. I believe the vote on this will be a week from Thursday,unfortunately I will not be able to attend but I did want my voice to be heard Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 a t 3 JohnsonEric r' From: BellowsRay i. Sent: Monday, October 05, 2015 11:41 AM } To: JohnsonEric F Subject: FW: garages Attachments: Solis Andrew.vcf Roy Raymond V.Bellows, Zoning Manager . Zoning Division il Zoning Services Section Growth Management Department-Planning & Regulation Telephone:239.252.2463; Fax:239.252.6350 I„. i Col FAT Co-r4.-pay F From: ASolis @cohenlaw.com [mailto:ASolis @cohenlaw.com] Sent: Monday, October 05,2015 10:08 AM To: BellowsRay Subject: Fw: garages FYI. cohen&grigsby® Andrew I.Solis,Esq. Mercato I Suite 6200 9110 Strada Place I Naples,Florida 34108 PH: 239.390.1900 I Fax:239.390.1901 Email:asolis@cohenlaw.com s --Forwarded by Andrew I.Solis/COHEN_GRIGSBYIUS on 10/0512015 10:07 AM--- ii From: Hanyett King<harryettkna7l(caomall.com> To: asolisCD_cohesilaw.ccm, Pate: 10/0512015 07:21 AM F Subject Fwd:garages i. 1 i --- Forwarded message i From:Harryett King<harrvettkng71a,2mail.com> ' Date: Sun,Oct 4,2015 at 9:11 PM : Subject:garages 1 ,My name is Harryett King and I have lived in Briarwood for almost 20 years, I am appalled that they want to put up parking garages on the corner of Livingston and Radio,this is an industrial project and is of no benefit to the residents of Brairwood.If some people think that there would be less traffic than if it would be parking garages evidently they didn't look into how many cars. motorcycles that each unit would hold,all with a party atmosphere Car shows ect. With the cost of these units I don't think that our residents could afford one.By the developers admission people would buy these units from all over the country. I beg you to vote no for the permit for this project. Csr garages in this category are in industrial parks across the country. Granted we are close to an industrial park but separated by a four lane highway.We need something on that corner that residents could walk to,have a cup of coffee, get your hair done,even Lowes would have benefited the resident.Preferably a small strip mall but certainly hot a parking garage. I believe the vote on this will be a week from Thursday,unfortunately I will not be able to attend but I did want my voice to be heard NOTICE:This email,and any documents,files or other data attached to the email,may contain information that is privileged or confidential.If you are not the intended recipient of this email,you are hereby notified that any reading,use,copying,disclosure,dissemination or distribution of this email and its attachments is STRICTLY PROHIBITED.If you received this email in error,please immediately notify the sender by replying to the email or by calling Cohen&Grigsby,P.C. at(800)-394-4904 and asking to speak with the sender.Also,please immediately delete this email and all of its attachments without saving the email in any manner.Thank you. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mat to this entity.Instead,contact this office by telephone or In writing. 2 • JohnsonEric From: Kim Bennett <cnevacation @gmail.corn> Sent: Tuesday, October 13, 2015 3:39 PM To: JohnsonEric Subject: CCPC meeting on Premier auto suites f Eric, Can you please confirm if there will be conversation on Premier Auto suites this month or not.I am receiving conflicting information and would like to be certain I am passing on accurate information. 33 IS } 33� 3S 1 p JohnsonEric From: Kim Bennett<cnevacation @aol.com> Sent: Wednesday, October 14, 2015 12:59 PM To: JohnsonEric Subject: Video you requested Dear Eric, Please see link below to the video we were talking about on man caves. http://link.brightcove.com/services/player/bcpid35036491001?bekey=AQ—,AAAACC6OgzE--,LObTvfk9n161 rxAUbRKUHVmDGRBSHx-N&bctid-958137284001 Kim Bennett CNEvacationRental.com 239-455-8335 +E Sent from my iPhone 1 1 9i 1 S JohnsonEric From: Miguel Mang lal-lan <migueirm_ca@msn.com> Sent: Wednesday, October 14, 2015 1:03 PM To: stephanie @cedarbraegolf.com; JohnsonEric Cc: Zandra Zarris Subject Briarwood Community-Auto Warehouse I Stephanie and Eric, i i t We are a home owner at Briarwood Community and We are very much opposed about the proposal to build at the corner of Radio and Livingston roads.We believe that this development should be stopped for the following reasons: 1 • The project is experimental and will negatively impact my property values. • The developer is asking to eliminate Briarwood's residents' rightsin the existing PUD for arc review. • The developer is requesting to double the allowable building size by more than 100,000 squat feet,and radically change the permitted use-eliminating the Briarwood residents'commerci completely. • The developer is not adding a retention lake(so they can build more buildings)and will dump water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighborhood. • The proposed project(three acres of buildings)strips the property of its preserve and stands buffering Dover Parc Condominium. Please We urge you to stop this development.Briarwood is a successful and proud community. This development is for an industrial site and does not belong in a community zone Thank you for your time and I hope that you reconsider and stop this development. Regards Miguel Manglallan and Zandra Zarris Briarwood Home Owners f I 1 i JohnsonEric From: Chris Boyd <boyd @summitsearchgroup.com> Sent: Wednesday, October 14, 2015 1:29 PM To: Johnson Eric Subject: Auto Warehouse Eric I am mailing you to voice my disapproval of the Auto Warehouse project which is being considered for development on Radio Road in Naples.I am a homeowner in the Briarwood community and after hearing about the impact that this could have on our community I am strongly against approval of this development. I don't think a development of this type is appropriate at this location. My property is located at 1043 Briarwood Blvd.,Naples,FL 34104. Regards, Chris Boyd Managing Partner Summit Search Group 2390 Bristol Circle,Unit 6 Oakville,ON L61-1 6M5 0: (905)257-9300 X 222 C: (416)294-6996 www.summitsearchgroup.com 1 I 4 3 III � I 3 1 y I JohnsonEric From: Mike Mang lal-lan <miguelrm_ca @msn.com> Sent: Wednesday, October 14, 2015 2:38 PM To: TaylorPenny; JohnsonEric Subject: Fwd: Briarwood Community-Auto Warehouse Penny and Eric, We are a home owner at Briarwood Community and We are very much opposed about the proposal to build at the corner of Radio and Livingston roads.We believe that this development should be stopped for the following reasons: s • The project is experimental and will negatively impact my property values. u • The developer is asking to eliminate Briarwood's residents' rightsin the existing PUI review. • The developer is requesting to double the allowable building size by more than 100,0( feet,and radically change the permitted use-eliminating the Briarwood residents'co completely. t • The developer is not adding a retention lake(so they can build more buildings)and will water into Briarwood's Lakes. • This experimental project is allowed in an industrial area,not in a residential neighbor • The proposed project(three acres of buildings)strips the property of its preserve and buffering Dover Parc Condominium. Please We urge you to stop this development.Briarwood is a successful and proud community. This development is for an industrial site and does not belong in a community zone Thank you for your time and I hope that you reconsider and stop this • development. Regards Miguel Manglallan and Zandra Zarris Briarwood Home Owners 1 • JohnsonEric From: cazaly@lineone.net Sent:. Thursday, November 05, 2015 9:54 AM To: JohnsonEric Subject: AUTO WAREHOUSE DEVELOPMENT Dear Mr Johnson My wife and I own 532 Briarwood Boulevard and I write to voice our concerns about the proposed Auto Warehouse development on the corner of Livingston and Radio Roads, Naples.I would be grateful if you take these concerns into consideration at the forthcoming Planning Commission on November 19th. Our house is located close to the south/west sector of the Briarwood Community and because the development will be adjacent to the homes located in this area,I strongly contend that any proposed commercial use should be sympathetic to this close proximity to residential properties.It is my concern that the Auto Warehouse has real potential to have a negative impact on the quality of living for adjacent and nearby homeowners. In cases where business developments have such potential for causing nuisance to neighbours—be it from noise,fumes or pollutants-I believe they should be located an appropriate distance from residential areas.This is definitely not the case here. I also believe if conditions of use are imposed that would,for example,limit hours of operation or noise levels,they are notoriously hard to enforce or monitor.For this reason,it is better to prevent any future problems by siting those commercial business uses that could have such a negative impact on neighbours,well away from homes;much better to site such businesses in a dedicated,industrial business zone. I do not think it is only the residents of Briarwood community who would suffer the consequences of this development,but also the people who live in the north/west corner of the Foxfire community and their near neighbours on the north side of Radio Road. I am not totally opposed to any development of this site,be it residential or business,but any proposed business use should be sympathetic to its close proximity to nearby homes. There is real concern that the Auto Warehouse will not satisfy this criterion. I thank you in anticipation of considering these concerns. Yours sincerely Philip Cazaly 1 f