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Agenda 10/25/2016 Item # 8A 8.1 10/25/2016 EXECUTIVE SUMMARY To provide the Board of County Commissioners (Board), acting as the Board of Zoning Appeals (BZA),the review of the appeal filed by the Vaguna Corporation, owner of the Beach Box Cafe, of the Zoning Director's revocation of the Administrative Parking Reduction APR-PL20150001922, that had requested a reduction of the required parking from 47 parking spaces to 16 parking spaces. The subject property is located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road in Section 32,Township 48 South and Range 25 East,in Collier County,Florida. OBJECTIVE: To provide the Board with a review of the Administrative Parking Reduction (APR) application PL20150001922. The factors utilized by staff to make the original determination and the factors utilized to deny the application and the arguments presented by the petitioner contained within the appeal PL20160002324. CONSIDERATIONS: On May 18, 2016, the Planning and Zoning Division re-issued an approval letter for an APR for the Beach Box Café (reduction of 31 parking spaces). This re-issuance was based upon a re-evaluation of the APR directed at the April 12,2016,Board of County Commissioners Public Hearing, in reaction to a public petition by Mr. Anthony Pires. The Board directed staff to re-evaluate the issuance of the APR for the Beach Box Café, originally issued on September 22, 2015, based upon additional information. Based upon the May 18th re-issuance,Mr.Pires on June 15,2016,representing a coalition of property owners, filed an appeal to the re-issued APR and within the appeal application, additional information germane to the APR was provided. It was based off of information contained within the appeal PL-20160001347 that staff was obligated to rescind approval of the APR. Below in italic is the original APR request,findings and conclusion,issued September 22,2015. In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The café would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafe. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F.4. The Board directed re-evaluation was focused upon providing an additional analysis of whether the premise of"park once" with multiple destinations still held valid. In other words, the patrons go to the Beach Box Café because of the convenience while visiting the beach as opposed to a destination business Packet Pg. 36 8.1 10/25/2016 where patrons go to the restaurant as the primary destination. As noted in the original finding, this concept is codified within the City of Fort Myers Beach code,which provides up to a one hundred percent reduction in required parking for establishments in proximity to public and on-street parking and the availability of parking spots within close proximity to the Beach Box Café was still found to be accurate within the re-issuance. Again, the re-issuance relied upon the "Park Once" concept, as expressed in the May 18,2016 re-issued APR. Basis of the June 15,2016 appeal(summary points) The appeal of the APR,submitted by Mr.Pires was based upon the below five points: 1. Both the initial APR and the APR Re-issuance were and remain based on materially incomplete, flawed, misleading or erroneous facts or information and fails to take into account impacts to adjacent or nearby properties and the Vanderbilt Beach community. a. Not condominium, but rather operating a bed and breakfast. 2. The asserted availability of nearby legal off-street parking is misleading, exaggerated and illusory. a. Parking only available-dusk to dawn. b. Shortage of parking in general area ignored by staff. c. County codes prohibit users from parking in parks and beach access for other uses - Ordinance 2010-29, Section 130-79 Code of Ordinances-Sec. 130-79. - "Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk." d. Staff assumes that only beach users are using cafe. 3. Collier County is not the Town of Fort Myers Beach and the park once principal of park once is -- not expressed in Vanderbilt area. 4. A County Resolution renders a portion of the property unavailable for parking - Resolution from 1977 dictates 17.5 feet to be made available and therefore cannot support any site improvements. 5. The County Staff omitted a pending and open code enforcement cases- indicates that one -code case is related to picnic tables on property not zoned for the use. From review of the points provided within the appeal application, Point one, while troubling based upon inconsistencies in the stated land uses contained in the APR application and the marketing of these units as transient lodging, which is a use not permitted by the current zoning, it was not the basis for denial of the APR. It should be noted that condition of approval number two of both approved APRs states, (This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square-footages stated in the application). If the units were determined to being rented as transient lodging (less than six month of occupancy), based upon the condition of approval, then the APR would be voided. The basis for denial of the APR sat within points two and three. The basis of the APR application in both issuances had rested within the "park once" concept. The APR application provides the Town of Fort Myers Beach Section 34-676, Circulation and Parking, as the example of the "park once" concept to justify the reduction. The premise is that public parking is provided within the downtown District of Fort Myers Beach and based upon that availability of parking, business can seek a 100 percent reduction in required parking. This was the concept the APR application was based upon and was approved by staff. Staff was unaware of Section 130-79 of the Collier Code of Ordinances, which states, "Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or Packet Pg. 37 8.1 10/25/2016 "Public Beach Access parking"who is not utilizing a public park or beach during the hours from dawn to dusk." This Ordinance invalidates the concept of"park once", stated in the application and utilized as the basis of approval of the APR. To utilize the parking spots in the garage for patrons of the Beach Box cafe is a direct violation of the existing Ordinance that states that the beach access parking must be utilized for the sole exclusive use of the beach. As such, the concept of"park once" as provided for within the City of Fort Myers Beach, cannot be applied to the Vanderbilt Beach area, due to the 375 parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code of Ordinances. The basis of the APR application cannot be supported in light of the restrictions contained within Section 130-79. Staff recognized that 17 on-street parking spaces are within the vicinity and the concept of"park once" could be applied to these spots,but the number of on-street parking spots, 17, or 4.3 percent of the public parking indicated within the original application as available, is not sufficient to justify the requested 31 parking space reduction sought in the APR application. It should be noted that denial of this APR does not affect the current use and required parking of the facility as noted below, but affects the ability to approve the existing Site Improvement Plan under review, which proposes to convert 1,270 sq.ft. of retail space to Café use and adds outdoor seating to the facility. Current Land Use arrangement verse Proposed Land Use arrangement Existing uses and parking provided: Café 7 seats Retail Space 1,770 Sq. Ft Office Space 900 Sq. Ft Residential units 4 units 16 spaces provided Proposed uses and parking required Café 68 seats 34 spaces required Retail Space 500 Sq. Ft 2 spaces required Office Space 900 Sq. Ft 3 spaces required Residential units 4 units 8 spaces required 47 spaces required Basis of the September 7,2016,appeal(summary points) With the denial of the APR issued on August 12, 2016, an appeal to that administrative decision was submitted on September 7, 2016. The appeal of the APR, submitted by Mr. Cross was based upon the below six points: 1. No basis for revoking APR: As noted above, the APR gave the applicant vested rights to a reduction in on-site parking. These vested rights are subject to a condition that, if staff deems it necessary, the owner may have to make adjustments. This condition has never been met: County staff has never "deemed it necessary"to address parking problems at the site;staff has not proven that the existing number of parking spaces is inadequate; and staff has never requested that the owner "address any additional parking needs" or "reduce business operations". In fact, staff completely ignored the Packet Pg. 38 8.1 10/25/2016 condition of approval, and revoked the APR (an existing and vested use)nearly a year after its issuance without any proper basis, to the severe detriment of this small business. 2. No Board authority: The Board did not have the authority to direct staff to re-evaluate a properly issued APR, and its direction to staff was an ultra vires act of the Board. The process that resulted in the APR revocation was in direct contravention of County ordinances, and was a flagrantly unlawful political intervention into staff operations that are designed to be apolitical. The Board- directed re-evaluation was based on the third condition contained in the original APR approval (see excerpted April 12,2016 Board minutes,attached asExhibitE). This condition states as follows: C. Ifat any time it is deemed necessary by Collier County staff,the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. (Emphasis added.) There is no right fora third party to challenge ofan APR approval beyond the 30-day window set forth in §250-58 of the Code of Laws and Ordinances. There is no right for a third party,several months after an APR approval, to petition the Board to unlawfully direct staff to "re-evaluate" their properly-granted approval. In fact, the condition above requires proof of inadequacy of existing parking spaces. There is no new evidence since the granting of the APR to suggest that the existing parking spaces have "proven to be inadequate". 3. Defective process: When the Board forced staff to re-evaluate the APR, they violated§2-79 of the County Administrator's Ordinance (see Exhibit F), which prohibits the Board from "interference in the performance of the duties" of the County Administrator's staff"except for the purposes of inquiry and information." Therefore, both the Board's ultra vires direction to staff on April 12, 2016, and all subsequent staff actions that followed within the reasonable scope of that direction, were unlawful. 4. APR was never "re-issued": Contrary to Mr.Bosi's May 1e and August 12th letters(attached as Exhibits G and H, respectively), the APR that was issued in September 2015 remained in "issued"status until its abrupt revocation on August 12, 2016. The May 18,2016, 'faux"staff"re-issuance"was made under political pressure, and created the purported appeal right that led to the APR revocation. As Mr. Bosi stated in his August 12, 2016 revocation letter, the revocation was necessary "based off of information contained within the appeal(PL-20160001347)". By this reference, applicant incorporates the record in the appeal(PL-20160001347) into the instant appeal. 5. Heavy pedestrian and bicycle traffic: It is widely known that the Vanderbilt Beach access point is one of the County's busiest beach access points (see Exhibit I), and used by hundreds of thousands of beachgoers annually. The original APR application clearly makes reference to "beach-related pedestrian traffic," 'foot traffic from the adjacent beach," and "walk-up users". The Beach Box' customers come on foot,from the beach, nearby hotels, neighborhoods, and beachfront condominiums. They are also dropped-off at the access point, which provides ample parking for bicycles. The Beach Box is located about 200'from one of the County's busiest beach access points, which is enjoyed by hundreds of thousands of beachgoers annually. We have also attached a survey indicating that, of the approximately 67 percent of patrons either "walked or biked"to the Beach Box Cafe(see ExhibitJ). This survey was previously submitted into the record in this matter,in conjunction with staff's review ofthe APR. 6. No opportunity to make corrections: As noted above, once issued, the APR is subject to a Packet Pg. 39 8.1 10/25/2016 condition that, if triggered, could require the Beach Box to make parking or business adjustments. Setting aside the clear procedural defects, unlawful Board action, and lack of any proven inadequacy in parking or deemed necessity to make adjustments, the condition of approval requires staff to give the applicant an opportunity to address parking deficiencies. Despite multiple requests to address any deficiencies, applicants were given no opportunity to comply with the primary condition of approval prior to the unlawful APR revocation. Summary: Through a convoluted series of unlawful events, and without any proper basis, the County improperly denied and revoked the Beach Box's APR. The revocation threatens a significant economic loss to the Beach Box,a local small business that made considerable investments in reasonable reliance on the approvals it properly obtained. We demand that the Board adhere to its own ordinances, allow staffto do itsjob without political interference, repudiate staff's unlawful revocation,and direct staff to reinstate the APR that was properly issued on September 22,2015,and improperly revoked on August 12, 2016. From review of the points provided within the appeal application, points one,two, three and four address procedural process and the latitude the Board has in relationship to those processes. Point five relates to an argument that would support the parking reduction and is a subordinate issue put forward within the original application, but not the primary justification presented within the application, which was a, "park once" concept. Point number six contends that there was no opportunity to make corrections to the application to address deficiencies in parking. While there was no outreach from staff to provide such opportunity, the basis of the APR, as noted in this Executive Summary was based upon the "park once" concept expressed in the application and supported by the existing ordinance of the City of Fort Myers Beach. As stated, the 'park once' concept is invalidated by the restrictions of Ordinance 130-79, which limits the Vanderbilt Beach parking garage to the exclusive use of the beach, the "park once" concept provided as justification for the administrative parking reduction cannot be supported and therefore APR- PL20150001922 is denied. It was based upon this fundamental incongruity that the denial letter was issued,this conflict between the 'park once' concept relied upon within the application and the restriction of the parking spaces within the general vicinity of the Beach Box Café. It should be noted that an administrative parking reduction is always issued on a conditional basis and not irrevocable as contested by the appellant. Each APR is issued with the following three conditions attached. A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a café, retail, office, and residential in the square-footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. FISCAL IMPACT: The review of the appeal and the decision by the Board is anticipated to have no fiscal impact. GROWTH MANAGEMENT IMPACT: The specifics for the required number of parking spaces and means for reductions to those are contained within the LDC. No impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for approval. -HFAC Packet Pg.40 8.1 10/25/2016 RECOMMENDATION: To affirm the denial of the administrative parking reduction rendered by staff on August 12, 2016, or recognize that there are alternative factors associated with the Vanderbilt Beach access area that justifies the requested reduction in parking spaces provided. It should be noted that the decision of the BZA on the matter will be memorialized in a Resolution. Prepared by: Mike Bosi,AICP,Director,Zoning Division, Growth Management Department ATTACHMENT(S) 1. [Linked] Pires-Beach-Box-APR-Appeal(PDF) 2. [Linked] Cross-Beach-Box-APR-Appeal (PDF) 3. [Linked]PIRES-PETITION WITH EXHIBITS 3-15-2016 (PDF) 4. Legal Ad-Agenda#2034-Beach Box Cafe (PDF) Packet Pg. 41 8.1 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 8.1 Item Summary: ***This item to be heard at 10:30 a.m.*** To provide the Board of County Commissioners (Board), acting as the Board of Zoning Appeals (BZA), the review of the appeal filed by the Vaguna Corporation, owner of the Beach Box Cafe, of the Zoning Director's revocation of the Administrative Parking Reduction APR-PL20150001922, that had requested a reduction of the required parking from 47 parking spaces to 16 parking spaces. The subject property is located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road in Section 32, Township 48 South and Range 25 East,in Collier County,Florida. Meeting Date: 10/25/2016 Prepared by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 09/20/2016 10:57 AM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 09/20/2016 10:57 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/29/2016 9:29 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/29/2016 2:05 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/29/2016 3:06 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/04/2016 9:56 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2016 2:10 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/05/2016 8:27 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/05/2016 11:26 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/17/2016 9:08 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg.42 8.1.d qf 7t ,yam '_� NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN APPEAL Notice is hereby given that on October 25, 2016 in the Board of County Commissioners Meeting Room,. Third Floor, Collier -- Government Center, 3299 East Tamiami Trail, Naples FL., Tad the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence at a 9:00 A.M.The title of the proposed Appeal is as follows: Q eG The purpose of the hearing is to consider: a. a VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED x AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING o DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING m REDUCTION APR-PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 PARKING ca m SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY IS pp LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE AND VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP 48 M SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. c [ADA-PL20160002324] c N A copy of the proposed Appeal is on file with the Clerk to the m NJ G Board and is available for inspection. All interested parties are V invited to attend and be heard. x a NOTE: All persons wishing to speak on any agenda item must oMI register with the County manager prior to presentation of C; the genda item to be addressed. Individual speakers will be c o limited to 3 minutes on any item. The selection of any individual all a. to speak on behalf of an organization or group is encouraged. 3 o If recognized by the Chairman, a spokesperson for a group or a. organization may be allotted 10 minutes to speak on an item. M a Persons wishing to have written or graphic materials included in N the Board agenda packets must submit said material a minimum 4ct :" of 3 weeks prior to the respective public hearing. In any case, as NJ written materials intended to be considered by the Board shall -a rn be submitted to the appropriate County staff a minimum of a) seven days prior to the public hearing. All materials used in Z presentations before the Board will become a permanent part a of the record. -01 /A Any person who decides to appeal any decision of the Board Q O will need a record of the proceedings pertaining thereto and :1 therefore, may need to ensure that a verbatim record of the q" proceedings is made,which record includes the testimony and 0 evidence upon which the appeal is based. c g) If you area person with a disability who needs any accommodation a) in order to participate in this proceeding, you are entitled, at c no cost to you, to the provision of certain assistance. Please U contact the Collier County Facilities Management Division, ca located at 3335 Tamiami Trail East,Suite#101,Naples, FL 34112- e 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,FLORIDA DONNA FIALA CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) No.1280328 October 5,2016 Packet Pg. 43 EST. 1971 CRAIG R WOODWARD Board Certified: Real Estate MARK J. WOODWARD Board Certified: Real Estate ANTHONY P. PIRES, JR Board Certified: City, County, and Local Government J. CHRISTOPHER LOMBARDO Board Certified: Marital and Family Law ROBERT E. MURRELL Of Counsel CATHRINE A HUNTER LL.M. (Taxation) JENNIFER L. DEVRIES JENNIFER M. TENNEY LENORE T. BRAKEFIELD MATTHEW P. FLORES J. TODD MURRELL JOSEPH M. COLEMAN REPLY TO ® 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES, FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 P.O. BOX ONE MARCO ISLAND, FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL—LEGAL.COM WOODWARD, FIRES & LOMBARDO, P.A. June 15, 2016 Honorable Donna Fiala Board of County Commissioners Collier County, Florida C/O Michael Bosi, AICP 2800 North Horseshoe Drive Naples, Florida 34104 ATTORNEYS AT LAW VIA HAND DELIVERY Re: Appeal of BCC directed Re-evaluation and Re -issuance of Administrative Parking Reduction, APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe'PBeach Box Cafe Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re - Issuance") Dear Commissioner Fiala: I represent the following individuals/persons and/or entities ("Parties") who by this filing and Appeal, timely appeal the above noted APR Re -Issuance, to the Board of County Commissioners of Collier County and request a reversal of the above noted May 18, 2016 (dated May 18, 20151) APR Re -Issuance, that erroneously provided an administrative parking reduction for the Beach Box Cafe/beach Box Property. The right to add additional parties is specifically reserved. The Parties, who qualify as either or both an "affected property owner" and/or as an "aggrieved or affected party" are: • Rande A. and Dixie Lee McAllister. • Philip C. Brumbach and Maureen C. Brumbach. • Garlock, LLC, a Florida limited liability company. • South Bay Realty • The Beachmoor Condominium Owners Association, Inc., a Florida not for profit corporation. • The Vanderbilt Beach Residents Association, Inc., a Florida not for profit corporation. Enclosed please find: 1. The appeal filing fee of $1,000. 2. The form for this appeal, with attached Schedule 1. 3. The original, 2 copies and a flash drive of the attached Submittal containing argument, materials, exhibits and documents relating to the Appeal for review and consideration by the County Commission as part of the Appeal. See attached email from Mike Bosi dated June 10, 2016. 1 No rights, concerns, arguments, positions or objections of the Parties appealing the decision, the APR Re -Issuance or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional arguments and materials before the Board of Collier County Commissioners ("BCC") as to the Appeal is specifically reserved. As noted in the attached submittal this filing and submittal of various argument, documents and materials herein as part of the Appeal is and are being made and provided while reserving the right to further amend, modify or supplement this filing and Appeal with additional arguments and materials. If you require any additional forms other than the ones attached to be submitted, please advise immediately. It is respectfully requested that the Appeal should be granted and the APR Re -Issuance decision of Michael Bosi be reversed. APP/Ig Enclosure(s) Cc/ with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala Leo Ochs 2 Pires, Jr. Esq. RW VANDERB BEACH RESIDENTS ASSN INC 3132 O. Box 771330 63-9138/2631 Ales, FL 34107 �f (� DATE PAYO T ✓ z DD ORD OF 0 �ANNDITTRU'STTCCOM�Pq[q%yY�' 4- +1 n 7 FOR U Ha�lantl COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cot[ier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF OWNER SEE ATTACHED SCHEDULE 1 AND THE SUBMITTAL ADDRESS SEE ATTACHED SCHEDULE 1 AND THE SUBMITTAL CITY C/O ANTHONY P. PIRES, JR STATE ZIP TELEPHONE # C/O ANTHONY P. PIRES, JR CELL # C/O ANTHONY P. PIRES, JR FAX # C/O ANTHONY P. PIRES, JR E-MAIL ADDRESS C/O ANTHONY P. PIRES, JR NAME OF AGENT/APPLICANT ANTHONY P. PIRES, JR. FIRM WOODWARD, PIRES & LOMBARDO, P.A. ADDRESS 3200 N. TAMIAMI TRAIL #200 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-649-6555 CELL # 238-450-2474 FAX # 239-649-7342 E-MAIL ADDRESS APIRES@WPL-LEGAL.COM REQUEST DETAIL Appeal of Application No. AR/PL- RE -ISSUANCE APR-PL20150001922, BEACH BOX CAFE (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of $1,000.00 made payable to the Board of County Commissioners. CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Administrative Decision should be addressed to: Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 SCHEDULE 691" TO Appeal of BCC directed Re-evaluation and Re -issuance of Administrative Parking Reduction, APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe" /'Beach Box Cafe Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re -Issuance") Q ALL C/O ANTHONY P. PIRES, JR • Rande A. and Dixie Lee McAllister. • Philip C. Brumbach and Maureen C. Brumbach. • Garlock, LLC, a Florida limited liability company. • South Bay Realty • The Beachmoor Condominium Owners Association, Inc., a Florida not for profit corporation. • The Vanderbilt Beach Residents Association, Inc., a Florida not for profit corporation. W mm Print Map rf � Soul h bay OR C -la Sr i'angnrhh Rn MAP LEGEND Major Roads Street Names Parcels Aerials 281616 Inch Urban], Aerials 2616 (2 feet] ® Collier County Folio Number: 79122440003 Name: VAGUNA CORPORATION Street# & Name: 9002 GULF SHORE DR Build# / Unit#: D / 7 Legal Description: VANDERBILT BCH CENTER BLK D LOTS 7,8,9 AND 10 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Page 1 of 1 http://maps.collierappraiser.com/webmap/mapprint. aspx?title=&orient=LANDSCAPE&paper=LETTER&minX=3 86292.63447... 6/11/2016 Print Map a C a 4 BEACH BOX LOCATION i �l'Pr _;:o:t\A 147:a\'\'\'l, �angnlrYl f Bp�h lit: MAP LEGEND "• Major Roads n Street Names ❑ Parcels Aerials 201616 inch Urtianl Aerials 2016 12 feet} ® Collier County 1 � Contar RY Folio Number: 79122440003 Name: VAGUNA CORPORATION Street# & Name: 9002 GULF SHORE DR Build# / Unit#: D / 7 Legal Description: VANDERBILT BCH CENTER BLK D LOTS 7,8,9 AND 10 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 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J�Iit�o Nstrift: ; RGI�k HILLER w t • 0 ' p l� ' U f ISU U' • • /.�0� � o • ��a3�j� r��1��C�� ©rad��i�rn�a� aa�i7=� • 0�o A IN SUPPORT OF THE APPEAL AND REVERSAL BY THE BOARD OF COUNTY COMMISSIONERS OF THE APR RE -ISSUANCE FOR THE BEACH BOX CAFE/BEACH BOX PROPERTY APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 issued May 18, 2016 but dated May 18, 2015 Ih��:T�7�1�L��[�7►I_\►1�7�:1��It�i11►I_1:11'/��i/_�ii�� This Appeal, filing and submittal of various argument, documents and materials herein as part of the Appeal, appealing the APR Re -Issuance, attached hereto as Exhibit M, and requesting reversal of the APR Re -issuance is and are being made and provided while reserving the right to further amend, modify or supplement this filing and Appeal with additional arguments and materials. The property for which the APR-Reissuance applies and where the Beach Box Cafe is located will at times be referred to as the Beach Box Cafe or Beach Box Property As noted in the appeal form and submittal cover letter, this Appeal is being filed by undersigned counsel on behalf of the following individuals/persons and/or entities ("Parties"), affected property owners, affected parties and/or aggrieved or affected parties: 1. Rande A. and Dixie Lee McAllister. 2, Philip C. Brumbach and Maureen C. Brumbach. 3. Garlock, LLC, a Florida limited liability company. 4. South Bay Realty. 5. The Beachmoor Condominium Owners Association, Inc., a Florida not for profit corporation. 6. The Vanderbilt Beach Residents Association, Inc., a Florida not for profit corporation. As detailed and outlined below there are a number of reasons why the Board of County Commissioners should reverse and set aside the APR Re -issuance. THE "PARTIES"/APPELLANTS/APPLICANTS 1) Rande A. and Dixie Lee McAllister, husband and wife ("McAllister") the owners of Unit 301, Phoenician Sands, a condominium, 9155 Gulf Shore Drive, Apt. #301, Naples, Florida, 34108, "McAllister's Property". See attached Exhibit A-1. 2) Philip C. Brumbach and Maureen C. Brumbach, husband and wife, ("Brumbach"), the owners of Unit 701, The Beachmoor, a condominium, 9051 Gulf Shore Drive, Apt. #501, Naples, Florida, 34108. See attached Exhibit A-2. 3) Garlock, LLC, a Florida limited liability company, ("Garlock"), the owner of that certain property located at 9060 Gulf Shore Drive, Naples, Florida, 34108, located, adjacent to and immediately North of the Beach Box Cafe. See attached Exhibit B. (the "Garlock Property"). - 1 - 4) South Bay Realty operates its realty sales and rental business office at 9060 Gulf Shore Drive, Naples, Florida, 34108, located, adjacent to and immediately North of the Beach Box Cafe. See attached Exhibit C. 5) The Beachmoor Condominium Owners Association, Inc., a Florida not for profit Corporation ("Beachmoor"), the condominium association for The Beachmoor, a condominium, residential development located at 9051 Gulf Shore Drive, Naples, Florida, 34018. See attached Exhibit D. 6) The Vanderbilt Beach Residents Association, Inc., a Florida not for profit corporation ("VBRA") with its principal address at 336 Oak Avenue, Naples, Florida, 34108. See attached Exhibit E. LOCATION/DESCRIPTION OF APPELLANTS/APPLICANTS 1) McAllisters' Property is condominium Unit 301 located within Phoenician Sands, a condominium, 9155 Gulf Shore Drive, Naples, Florida, 34108, to the West and North of the Beach Box Property and less than 300 feet from the Beach Box Property. 2) Brumbachs' Property is condominium Unit 701 located within The Beachmoor Condominium, 9051 Gulf Shore Drive, Naples, Florida, 34108, directly to the West of the Beach Box Property and less than 300 feet from the Beach Box Property. 3) The Garlock Property is located adjacent to and immediately North of the Beach Box Property, at 9060 Gulf Shore Drive, Naples, Florida, 34108, less than 300 feet from the Beach Box Property. 4) South Bay Realty operates its realty sales and rental business office at 9060 Gulf Shore Drive, Naples, Florida, 34108, located, adjacent to and immediately North of the Beach Box Property. 5) The Beachmoor Condominium is located directly to the West of the Beach Box Property, at 9051 Gulf Shore Drive, Naples, Florida, 34018 and less than 300 feet from the Beach Box Property. 6) The object and purpose of the VBRA is in part: "....to encourage and promote the proper development and maintenance of Vanderbilt Beach and surrounding areas as a choice residential and recreational community and to take whatever actions may be deemed necessary to achieve such purpose; including, but not limited to, the presentation of the Association's points of view to appropriate governmental or other bodies". The boundaries of VBRA from which its membership is comprised is: on the East, Vanderbilt Drive; on the South, Vanderbilt Beach Road; on the North, the Cocohatchee River and Wiggins Pass. At the present time there are approximately 950 members of the VBRA residing within the above described boundaries of the VBRA. The Beach Box Property is located within the above described boundaries of the VBRA. The VBRA has been very active on issues affecting its members including but not limited to the previous proposed beach facility expansion at Vanderbilt Beach. M ARGUMENT IN SUPPORT OF GRANTING THIS APPEAL AND REVERSING AND SETTING ASIDE THE APR RE -ISSUANCE Both the initial APR and the APR Re -issuance were and remain based on materially incomplete, flawed, misleading or erroneous facts or information and fails to take in to account impacts to adjacent or nearby properties and the Vanderbilt Beach community. THE USES ARE NOT AS STATED/THE USES ARE DIFFERENT AND MORE INTENSE The Bed and Breakfast Operation The APR Re -issuance is void as 9002 Gulf Shore Drive is occupied by uses other than a "cafe, retail, office, and residential in the square footage stated in the application". The application and APR-Reissuance both fail to disclose that the property is being used as a bed and breakfast operation. While the parking calculations in the APR Re -issuance were predicated upon four (4) "(Existing/Unchanged) Residential Units" requiring eight (8) spaces (see page 1 of the "Exhibit A Parking Reduction Justification" to the application, attached as Exhibit F-1 to this submittal), the "residential" use on the property has been converted to a transient lodging use, i.e. to a bed and breakfast use. Section 4.05.04.G of the LDC (excerpt attached as Exhibit F-2) requires the following number of parking spaces for the bed and breakfast use: "1 per rented room plus 2 for owners/employees". Thus a minimum of sixteen (16) parking spaces are required for the previously undisclosed bed and breakfast use as opposed to the 8 parking spaces that were "assigned" to the now non-existent residential units in the application and the APR Re -issuance An entire floor of 9002 Gulf Shore Drive' appears to now be entirely devoted to transient lodging, self -described by its owners as a "......beautiful 4 unit coastal -style Beach front bed and breakfast." called "The Beach Box Condos", which can be found at http://www.beachboxcondos.com/. Also see attached Composite Exhibit G. The 4 bed and breakfast units with a total of fourteen (14) bedrooms that can sleep between 30 to 38 people, are as follows: A. Sand Dollar: 4,000 square feet, 5 bedrooms, 3 bathrooms, and "will sleep 12-14 people comfortably". B. Starfish: 3,000 square feet, 3 bedrooms, 2.5 bathrooms, and "will sleep 6-8 people comfortably". C. Seahorse: 3,000 square feet, 3 bedrooms, 2.5 bathrooms, and "will sleep 6-8 people comfortably". D. Sea Turtle: 3,000 square feet, 3 bedrooms, 2.5 bathrooms, and "will sleep 6-8 people comfortably". 1 While stated on "The Beach Box Condos" website as being located at 9020 Gulf Shore Drive, "The Beach Box Condos" appear to occupy an entire floor of the building that has the address of 9002 Gulf Shore Drive, as clearly marketed and advertised and depicted on floor plans for the bed and breakfast accommodations. -3- Assuming solely for the purposes of discussion (without conceding same) that the remaining parking needs calculations (and the stated uses) are correct and accurate, then a minimum of 55 parking spaces are required for the property at 9002 Gulf Shore Drive. If the parking is reduced to 16 spaces, then there would be a deficit of 39 spaces, a 71% reduction, in the required spaces. THE ASSERTED AVAILABILITY OF NEARBY LEGAL OFF-STREET PARKING IS MISLEADING EXAGGERATED AND ILLUSORY Both the applicant and County staff improperly rely heavily upon the asserted availability of extensive nearby off street beach parking to justify the significant reduction in the required on- site parking. This reliance is grossly misplaced. A. At page 2 of the APR-Reissuance, a simple, yet misleading statement forms the basis for the later erroneous determination that there is sufficient available "public and on -street parking" within the local area, i.e., an asserted 392 parking spots within 700 feet of the subject property, depicted on Exhibit "A" to the APR-Reissuance. Of these asserted 392 parking spaces, 375 spaces are located within the "Public Garage". What is not stated is that no parking is available at the Public Garage between dusk and dawn. Thus, no parking is available at or in the Public Garage after sunset during the Beach Box Cafe's evening hours of operation. This is particularly limiting during the peak season months (for example): November 1, 2016 (sunset 6:45 p.m.); December 1, 2016 (sunset 5:35 p.m.); January 1, 2017 (sunset 5:47 p.m.); February 1, 2017 (sunset 6:10 p.m.); March 1, 2017 (sunset 6:28 p.m.); April 1, 2017 (sunset 7:44 p.m.). The APR-Reissuance is severely flawed in that it relies heavily on the ready availability at all times of the 375 spaces located within the "Public Garage", especially during the peak season. These 375 spaces are only available in a limited and restricted manner. The APR-Reissuance fails to mention this significant limitation. B. In addition to the above flawed and exaggerated reliance in the APR-Reissuance on the availability of parking at the Public Garage, the well known shortage of beach parking has been completely ignored by County staff. The problem of peak season parking availability in the Vanderbilt Beach area is confirmed by Collier County contacting a property owner miles from the beach to explore using distant property as a parking and staging area base to operate a shuttle to transport beach patrons from the offsite parking to the drop off point at the end of Vanderbilt Beach Road. See attached Exhibit H, excerpts from the March 16, 2016 and April 20, 2016 minutes of the meeting of the Pelican Marsh Community Development District ("CDD") Board of Supervisors. Those minutes detail inquiries from Collier County staff to the CDD about using the CDD property at the Northwest corner of Vanderbilt Beach Road and Livingston Road as "off site beach parking to accommodate peak season demand at the Vanderbilt Beach." If parking reduction for the Beach Box Property is allowed to stand, the severe beach parking shortage will be exacerbated. The owner of the Garlock Property and the realty office of South Bay Realty have been adversely impacted and hurt by employees and/or patrons of the Beach Box parking on the Garlock Property in spaces designated for the use of South Bay Realty (an occupant of office space on the Garlock Property), during daytime, normal business hours. Staff at the Beach Box have been observed announcing to Beach Box patrons when a tow truck arrives at the Garlock Property to remove vehicles, resulting in Beach Box patrons running out to move their cars. As succinctly stated in the letter dated March 10, 2016 from Lesley Garlock of South Bay Realty (and Garlock, LLC): "Since the opening of the Beach Box Cafe, all of our parking spaces are repeatedly being compromised by Beach Box employees and their customers.." See attached Exhibit 1 . C. As a matter of law, of current County ordinances, the Beach Box Cafe cannot rely upon parking availability at the Public Garage Collier. County Ordinance No. 2010-29, Section 4 (codified as Section 130-79, Code of Ordinances, Exhibit J) states: Sec. 130-79. - Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. The APR-Reissuance completely ignores and fails to mention this significant Code restriction on parking in the Vanderbilt Public Garage. D. There is simply no empirical acceptable survey or study supporting the "park -once" rationale in Vanderbilt Beach. Collier County staff make an unsupported and preposterous leap and assumption, with no credible data or analysis, that because so many people use the Vanderbilt Beach access, the only patrons of the Beach Box Cafe are beach access users. This position is belied by the website for the Beach Box Cafe: "Parking for Beach Box Cafe can be found all around the area. There is a public parking garage across Vanderbilt Beach Road." -5- COLLIER COUNTY IS NOT THE TOWN OF FORT MYERS BEACH The applicant, Collier County staff and the APR -Re -issuance rely heavily upon a legislative and planning determination and decision not made in Collier County and not applicable to the Vanderbilt Beach area. The APR -Re -issuance inappropriately gives great weight and significance to an ordinance of the Town of Fort Myers Beach that relates solely to a designated "downtown" district of Fort Myers Beach, near the area known as "Times Square". Vanderbilt Beach is not "Times Square". Vanderbilt Beach is not a "downtown" district. The residents and property owners in Vanderbilt Breach have no desire to be or emulate "Times Square". The cited ordinance of the Town of Fort Myers Beach states that "The Downtown district is planned as a `park -once' district". That peculiar and site specific finding by the Town of Fort Myers Beach Council is irrelevant to the Vanderbilt Breach area and has never been made by the County Commission for the Vanderbilt Breach area. Vanderbilt Beach was and is not planned as a "park -once" district. A COUNTY RESOLUTION RENDERS A PORTION OF THE PROPERTY UNAVAILABLE FOR PARKING On May 31, 1977, the County Commission adopted a Resolution approving P.U.77-7-C for the subject property. See attached Exhibit K. Condition #2 of said Resolution requires the then applicant (now property owner) to "donate 17.5 feet of right-of-way for Vanderbilt Beach Road and Gulf Shore Drive upon demand by the appropriate governmental agency if and when need for the purpose of upgrading these two roads.". This Resolution was not mentioned or referenced by either the County staff or the applicant. As that condition is extant, the area encumbered by that Condition #2 can not and should not be considered as being available for any site improvements, including but not limited to off-site parking. THE COUNTY STAFF OMITTED PENDING AND OPEN CODE ENFORCEMENT CASES. Code enforcement case # CELU20150008262, on file and open, is related to lack of parking as it concerns the existence of wooden picnic tables, in an apparent effort by the operators of the Beach Box Cafe to create more seating without obtaining required approvals or providing required additional parking. As of the latest site inspection that took place on June 2, 2016, the property remains non-compliant. See attached Exhibit L. This additional unpermitted seating without additional and required parking is an additional direct cause of parking problems dropped on adjacent and neighboring properties and the Vanderbilt Beach Community. CONCLUSION The Board of County Commissioners should reverse and set aside the APR Re - issuance for the Beach Box Cafe/Beach Box Property. 1062 0 TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING Print Map APPROX. 226 FEET Page 1 of 1 „County proPartY �PM�r. Nap:ns, f L. �r � t - e 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. s� W http://maps.collierappraiser. com/webmap/mapprint.aspx?title=APPROX.%20226%20FEET&orient=LANDSCAPE&paper=LE... 6/15/2016 LM 'J' MAP" LEGEND - Street Names Parcels Aerials 201616 inch Urban}, Soul h bay DR Aerials 2416 [2 feet} `• t OCollier County 3 r. Folio Number: 66740000061 Name: MCALLISTER, RANDE A Street# & Name: 9155 GULF SHORE 1S 0. DR z1t, S n 9 Build# / Unit#: / 301 A Legal Description: PHOENICIAN SANDS A CONDOMINIUM #301 c .arae sr ry Page 1 of 1 „County proPartY �PM�r. Nap:ns, f L. �r � t - e 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. s� W http://maps.collierappraiser. com/webmap/mapprint.aspx?title=APPROX.%20226%20FEET&orient=LANDSCAPE&paper=LE... 6/15/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 66740000061 Site Adr. 9155 GULF SHORE DR Name / Address MCALLISTER, RANDE A 300 SOUTH JEFFERSON STREET City MOUNT PLEASANT Map No. Strap No. 3A32 558100 3013A32 State IA Zip 52641 Section Township Range Acres *Estimated 32 48 25 0 Legal PHOENICIAN SANDS A CONDOMINIUM #301 Millage Area O 164 Sub./Condo 558100 - PHOENICIAN SANDS A CONDOMINIUM Use Code O 4 - CONDOMINIUM Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 12/16/14 5104-2978 $ 724,000 04/30/14 5036-207 $ 710,000 03/15/11 4667-827 $ 595,000 01/17/11 4646-2768 $ 0 01/17/11 4646-2765 $ 0 04/13/10 4646-2761 $ 0 09/26/05 3897-1767 $ 0 12/24/97 2374-1997 $ 345,000 04/01/94 1934-2145 $ 250,000 04/01/94 1934-2144 $ 250,000 Millaae Rates O *Calculations School Other Total 5.48 6.1427 11.6227 2015 Certified Tax Roll (Subject to Change) Land Value $ 0 (+) Improved Value $ 606,175 (_) Market Value $ 606,175 (_) Assessed Value $ 606,175 (_) School Taxable Value $ 606,175 (_) Taxable Value $ 606,175 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.comIMain_SearchlRecordDetail.html?FolioID=66740000061 6/15/2016 M W Print Map MAP LEGEND Malar Roads 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Page 1 of 1 http://maps.coIlierappralser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&paper=LETTER&minX=3 85892.11364... 6/15/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 23470760009 Site Adr. 9051 GULF SHORE DR Name / Address BRUMBACH, MAUREEN C 9051 GULF SHORE DR APT 701 City NAPLES State FL Zip 34108-2383 Map No. Strap No. Section Township Range Acres *Estimated 3A32 182500 7013A32 32 48 25 0 Legal BEACHMOOR, THE A CONDOMINIUM UNIT 701 Millage Area O 164 Millaae Rates O *Calculations Sub./Condo 182500 - BEACHMOOR, THE A CONDOMINIUM School Other Total Use Code O 4 - CONDOMINIUM 5.48 6.1427 11.6227 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 0 12/27/88 1403-1046 $ 140,000 (+) Improved Value p $ 1,029,750 09/01/80 885-816 $ 0 (_) Market Value $ 1,029,750 (-) Save our Home $ 191,059 (_) Assessed Value $ 838,691 (-) Homestead $ 25,000 (_) School Taxable Value $ 813,691 (-) Additional Homestead $ 25,000 (_) Taxable Value $ 788,691 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main SearchlRecordDetail.html?Namel=brumbach&ccp... 6/15/2016 .0■ TO THE SUBMITTAL APPEAL OF THE APR-REISSUANCE CONCERNING Print Map t ADJACENT- -GARLOCK kL JMAF LEGEND x 's Major Roads n Street Names DParcels Aerials 3016 16 inch Urbanj � 4 I • I Aerials 2016 12 feet) � 1 ® Call County Q L—tar ST -..ter^'• r Folio Number: 79122400001 Name: GARLOCK LLC Street# & Name: 9060 GULF SHORE -�' %?A �' DR Build# / Unit#: D / 6 ' . Legal Description: VANDERBILT . „ BCH CENTER BLK D LOT 5 & 6 Page 1 of 1 .. + JjY-ngprAir a '..: ticunty proParty APPrm�;Cll�pfcs.r�Sp�h Rp 1 ' ' X004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=ADJACENT--GARLOCK&orient=LANDSCAPE&paper=LETT... 6/15/2016 Collier County Property Appraiser Property Detail Parcel No. 79122400001 Site Adr. 9060 GULF SHORE DR Name / Address GARLOCK LLC 9060 GULFSHORE DR City NAPLES Tax Yr Issuer Permit # 1963 COUNTY 4183 1980 COUNTY 79-3118 1984 COUNTY 81-6094 1999 COUNTY 9910-2070 Land # Calc Code 10 COMMERCIAL SF State FL Zip 34108-2340 Page 1 of 1 Adj Area 860 848 220 2520 http://www. collierappraiser. com/main_searchlRecorddetail.html?Map=No&FolioNum=79122400001 6/15/2016 Permits CO Date Tmp CO Final Bldg Type 05/17/63 OTHER 12/18/81 NO PICKUP Building/Extra Features Units # Year Built Description Area 5000 10 1963 STORE BUILDING 860 20 1982 STORE BUILDING 848 30 1982 CONC P 220 40 1982 ASPH P 2520 Page 1 of 1 Adj Area 860 848 220 2520 http://www. collierappraiser. com/main_searchlRecorddetail.html?Map=No&FolioNum=79122400001 6/15/2016 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company GARLOCK LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 220 VINTAGE CIRCLE, B305 NAPLES, FL 34119 Changed: 01/13/2012 Mailing Address 220 VINTAGE CIRCLE, B305 NAPLES, FL 34119 Changed: 01/13/2012 L09000074114 N/A 08/03/2009 FL ACTIVE Registered Agent Name & Address FAGA, ANTONIO ESQ. 7955 AIRPORT PULLING ROAD NORTH NAPLES, FL 34109 Name Changed: 03/17/2010 Address Changed: 03/17/2010 Authorized Person(s) Detail Name & Address Title MGRM GARLOCK, LESLEY 220 VINTAGE CIRCLE, B305 NAPLES, FL 34119 Annual Reports Report Year Filed Date EXHIBIT Page 1 of 2 http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/15/2016 Detail by Entity Name 2014 04/25/2014 2015 04/17/2015 2016 03/04/2016 Document Images 03/04/2016 -- ANNUAL REPORT View image in PDF format 04/17/2015 -- ANNUAL REPORT View image in PDF format 04/25/2014 -- ANNUAL REPORT View image in PDF for 04/29/2013 -- ANNUAL REPORT View image in PDF format 01/13/2012 -- ANNUAL REPORT View image in PDF format 03/22/2011 --ANNUAL REPORT View image in PDF format 03/17/2010 --ANNUAL REPORT View image in PDF format 08/03/2009 -- Florida Limited Liability View image in PDF format Page 2 of 2 http: //search. sunbiz. org/Inquiry/CorporationSearchISearchRe sultDetail?inquirytype=Entity... 6/15/2016 C TO THE SUBMITTAL APPEAL OF THE APR-REISSUANCT CONCERNING DBPR - SOUTH BAY REAL ESTATE GROUP INC; Doing Business As: SOUTH BAY... Page 1 of 1 11:52:29 AM 611512016 Licensee Details Licensee Information Name: SOUTH BAY REAL ESTATE GROUP INC (Primary Name) SOUTH BAY REALTY (DBA Name) Main Address: 9060 GULF SHORE DRIVE NAPLES Florida 34108 County: COLLIER License Mailing: LicenseLocation: 9060 GULF SHORE DRIVE NAPLES FL 34108 County: COLLIER License Information License Type: Real Estate Corporation Rank: RE Corp. License Number: CQ1016143 Status: Current,Active Licensure Date: 02/28/2003 Expires: 03/31/2017 Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 445 page to determine if you are affected by this change. EXHIBIT C.... https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=D737DOBDA5332BA848... 6/15/2016 W.4 i 791 TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING Print Map THE BEACHMOOR 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Page 1 of 1 http://maps. collierappraiser.com/webmap/mapprint.aspx?title=THE%20BEACHMOOR&orient=LANDSCAPE&paper=LETTE... 6/15/2016 Detail by Entity Name Detail by Entity Name Florida Not For Profit Corporation THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 9051 GULF SHORE DRIVE NAPLES, FL 34108 Changed: 02/18/1998 Mailing Address 9051 GULF SHORE DRIVE NAPLES, FL 34108 Changed: 02/18/1998 743399 31-1008467 06/27/1978 FL ACTIVE AMENDED AND RESTATED ARTICLES 04/17/1998 NONE Registered Agent Name & Address BECKER & POLIAKOFF, P.A. 4001 Tamiami Trail North, Suite 410 Naples, FL 34103 Address Changed: 10/10/2013 Officer/Director Detail Name & Address Title P Page 1 of 3 Vezza, Robert 9051 GULF SHORE DRIVE #602 NAPLES, FL 34108 EXHIBIT Title VP http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/15/2016 Detail by Entity Name KAMINSKI, RONALD 2 DEVON SHIRE DRIVE OAKBROOK, IL 60521 Title T, S Galloway, David 9051 Gulf Shore Dr #501 Naples, FL 34108 Title Director Haggerty, Stephan 9051 GULF SHORE DRIVE #1003 NAPLES, FL 34108 Title D Brumbach, Phil 9051 Gulf Shore Dr #701 Naples, FL 34108 Annual Reports Report Year Filed Date 2014 03/25/2014 2015 03/16/2015 2016 03/29/2016 Document Images 03/29/2016 -- ANNUAL REPORT 03/16/2015 -- ANNUAL REPORT 03/25/2014 -- ANNUAL REPORT 03/25/2013 -- ANNUAL REPORT 03/26/2012 -- ANNUAL REPORT 04/04/2011 --ANNUAL REPORT 04/06/2010 -- ANNUAL REPORT 03/24/2009 -- ANNUAL REPORT 03/18/2008 -- ANNUAL REPORT 04/06/2007 -- ANNUAL REPORT 04/14/2006 -- ANNUAL REPORT 03/23/2005 -- ANNUAL REPORT 04/05/2004 -- ANNUAL REPORT 04/14/2003 -- ANNUAL REPORT 04/11/2002 -- ANNUAL REPORT 02/13/2001 --ANNUAL REPORT View image in PDF for View image in PDF for View image in PDF for View image in PDF format View image in PDF for View image in PDF for View image in PDF for View image in PDF for View image in PDF for View image in PDF for View image in PDF format View image in PDF format View image in PDF for View image in PDF for View image in PDF for View image in PDF for Page 2 of 3 http://search. sunbiz.org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 6/15/2016 Detail by Entity Name 03/02/2000 -- ANNUAL REPORT View image in PDF for 02/24/1999 -- ANNUAL REPORT View image in PDF for 04/17/1998 -- Amended and Restated Articles View image in PDF for 02/25/1998 -- Amendment View image in PDF for 02/18/1998 -- ANNUAL REPORT View image in PDF for 01/31/1997 -- ANNUAL REPORT View image in PDF format 02/21/1996 -- ANNUAL REPORT View image in PDF format 05/01/1995 -- ANNUAL REPORT View image in PDF format Page 3 of 3 http: //search. sunbiz. org/Inquiry/CorporationSearch/S earchResultDetail?inquirytype=Entity... 6/15/2016 OR: 2411 PG: 0318 AMENDED AND RESTATED ARTICLES OF INCORPORATION M THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC. The undersigned by these Articles associate themselves for the purpose of forming a corporation not for profit under Chapter 617, Florida Statutes 1977, and certify as follows: ARTICLZ 1. NANX 1. The name of the corporation is: THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., whose address is 9051 Gulf Shore Drive, Naples, Florida 34108. For convenience, the Association shall be referred to in this instrument as the Corporation. ARTICLs 2. PURPOSII// 2.1 The purpos fpiz;--whic�i�,..�he rpor�tion is organized is to provide an entity pu suan th- Con dminiun Acct, which is Chapter 718, Florida Statutes( ) a r time to time, for the operation of: g` located upon the fol-- ng lands in -Goalie `,!ounty, Florida: ,r See attache s 1 description" n" h `h is p w� marked Exhibit "A" tDeclar_.azf Condominium and into orate rp - 2.2 The Corporation shall make no distributions of income to its members, directors or officers. ARTICLZ 3. POWIRS 3. The powers of the Corporation shall include or be governed by the following provisions: 3.1 The Corporation shall have all of the common law and statutory powers of a corporation not for profit in conflict with the terms of these Articles. AMENDED AND RESTATED ARTICLES OF INCORPORATION EXHIBIT 'D' TO THE AMENDED AND RESTATED DECLARATION OF CONDOMINIUM PAGE I OF 4 LAW OFFM BEMER A POUAKOFF. P A • COLUER PLACE 1 a XW TAM1AW TRAIL NOP.TH, SUITE 210 • NAPLES, FL :)41013 TFAIPHONE (941) 261 -9 -SU 4 TOLL FREE (!00) 362.7537 9 FAX (941) 261-9744 OR: 2411 PG: 0319 3.2 The Corporation shall have all of the powers and duties set forth in the Condominium Act except as limited by these Articles and the Declaration of Condominium, and all of the powers and duties reasonably necessary to operate the condominium pursuant to the Declaration and it may be amended from time to time, including but not limited to the following: 3.2.1 To make and collect assessments against members as apartment owners to defray the costs, expenses and losses of the condominium. 3.2.2 To use the proceeds of assessments in the exercise of its powers and duties. 3.2.3 To maintain, repair, replacement and operation of the condominium property. 3.2.4 To purchase insurance upon the condominium property and insurance for—the protection of the Corporation and its members as_ApA.rtrpegtjtwxiers . 3.2.5 the future i 3.2.6 respecting t 3.2.7 and owners] Declaration 3.28 'o Condominium Ac„ Articles, the By -"L for the use of the astruct i%ewts after casualty and s of the pr nd \re} sonable regulations Y d the condominium. V hover the transfer, mortgage fiiezbi a� be provided by the um an*,,they By."Uws. once by legal,maias the provisions of the m Declares$" /of Condominium, these C`a o ~ation and the Regulations auerty ie condominium. 3.2.9 To contract for the management of the condominium and to delegate to such contractor all powers and duties of the Corporation except such as are specifically required by the Declaration of Condominium to have approval of the Board of Directors or the membership of the Corporation. 3.2.10 To contract for the management or operation of portions of the common elements susceptible to separate management or operation, and to lease such portions. 3.2.11 To employ personnel to perform the services required for proper operation of the condominium. AMENDED AND RESTATED ARTICLES OF INCORPORATION EXHIBIT 'D' TO THE AMENDED AND RESTATED DECLARATION OF CONDOMINIUM PAGE 2 OF 4 LAW OFFICES BECKER is POUAKOFF, P.A. • COLLIER PLACE I •3003 TAMIAMI TRAIL NORTH, SUITE 210 • NAPLES, FL 34103 TELEPHONE (941) 261-9W 0 TOLL FREE 0= 361.1537 9 FAX (441) 261.9744 OR: 2411 PG; 0320 3.3 All funds and titles of all properties acquired by the Corporation and their proceeds shall be held in trust for the members in accordance with the provisions of the Declaration of Condominium, these Articles of Incorporation and the By -Laws. 3.4 The powers of the Corporation shall be subject to and shall be exercised in accordance with the provisions of the Declaration of Condominium and the By -Laws. ARTICL! 4. 1EMIRS 4.1 The members of the Corporation shall consist of all of the record owners of units in the condominium, and after termination of the condominium shall consist of those who are members at the time of such termination and their successors and assigns. 4.2 After receiving approval of the Association required by the Declaration of Condominium,--- change of membership in the Co oration shall be esta a bye i es�rding in the Public Records of rCollier County, F1 oration da4i ether instrument and the delivery, if requester a Associa' % to the Corporation of a ett' copy of such instrun�Iete � 4.3 The shark Corporation cannot"I manner except as an I 4.4 The owner one vote as a member to be cast by owner voting rights sha Corporation. ARTICL! S. the Corpora an apartme ,be determ. - _T , its I �.� � and assets of the transferred in any nt . entitled to at least axact number of votes manner of exercising he By -Laws of the 5.1 The affairs of the Corporation will be managed by a Board consisting of the number of directors determined by the By -Laws, but not less than three directors, and in the absence of such determination shall consist of three directors. Directors shall be members, or spouses of members, of the Association. 5.2 Directors of the Corporation shall be elected at the annual meeting of the members in the manner determined by the By - Laws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the By -Laws. AMENDED AND RESTATED ARTICLES OF INCORPORATION EXH®IT 'D' TO THE AMENDED AND RESTATED DECLARATION OF CONDOMINIUM PAGE 3 OF 4 LAW OFFICES 8KTU A POUAKW, P.A. • COLLIER PUCE I' 3003 TAMIAMII TRAIL NORTH, SUITE 210 • NAPLES, FL 34103 TELF.AME (941) 261.9M55 0 TOLL FREE (IOD) 362.7537 • FAX (%1) 261.9744 OR; 2411 PG; 0321 ARTICLE 6. INDEYbTIFICATION 6. Every director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding or any settlement of any proceeding to which he may be a party or in which he may become involved by reason of his being or having been a director or officer of the Corporation, whether or not he is a director or officer at that time such expenses are incurred, except when the director or officer is adjudged guilty of willful misfeasance of malfeasance in the performance of his duties; provided that in the event of a settlement that the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interests of the Corporation. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled, including those set forth in the By -Laws. ARTICLE 7. BY-LAWS 7. The By -La manner provided by/ ARTICLE S. AER 8. Amendmez proposed and adopt' vote as amendments ARTICLE 9. TERM 9. The term of R 0 VX 01 >f the Corporation s the Declarat 11 be amended in the est cif corporation may be ie d/ Jby.1the same percentage n of Cq#46minium. R 0` 1 be perpetual. AMENDED AND RESTATED ARTICLES OF INCORPORATION EXHIBIT 'D' TO THE AMENDED AND RESTATED DECLARATION OF CONDOMINIUM PAGE 4 OF 4 LAW OFFICES BECKER R POLIAKOFF, P • (-VLLLIER PLACE I •300!3 fAMIAM1 TRAIL NORTH, SUITE 210 • NAPLES, FL 34100 TELEPHONE (941) 261-9555 • TOLL FREE (>!)0) 362.7537 4 FAX (941) 261.9744 O.R. 887 PG 1202 OJ. 882 PG 0 412 Legal Description of 110 The Beachmoor, a condominium Lots 1 and 21 Block A. CONNER`S VANDERBILT BEACH ESTATES NO. 1, per plat thereof in Plat Book 3, Pages 8 and 9, Public Records of Collier County, Florida. c [ (zl(n � r` �v ca w i N Exhibit "A" to Amended and Restated Declaration of Condominium Page 1 of 4 wolfs '919; Exhibit "A" to Amended and Restated Declaration of Condominium Page 2 of 4 INKS to SHICTS VAV I&OW91 "Is PLOT FLAM • *new" JPLOGO ft&n T"V.AL 1.0 RM34w"ft gum VWjU a-ftsftwrw nom • FLOONOt"s "Wt Otw"MM FOOKSSMIMIC BULDWS *C 24 4o E GtSA! I 4V: -&USN, X PON Exhibit "A" to Amended and Restated Declaration of Condominium Page 3 of 4 U.) k" C6 0 0 44 CD CD I 4V: -&USN, X PON Exhibit "A" to Amended and Restated Declaration of Condominium Page 3 of 4 .0 -woo* Exhibit "A" to Amended and Restated Declaration of Condominium Page 4 of 4 IL 1bL♦ NY ftvft-�ft fte" rL06% ^-4 04 c4 1 40 CD .0 -woo* Exhibit "A" to Amended and Restated Declaration of Condominium Page 4 of 4 IL 1bL♦ NY ftvft-�ft fte" rL06% ^-4 1-4 �� O "TA Detail by Entity Name Page 1 of 2 Detail by Entity Name Florida Not For Profit Corporation VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. Filing Information Document Number N97000005490 FEI/EIN Number 65-0757692 Date Filed 09/19/1997 State FL Status ACTIVE Last Event RESTATED ARTICLES Event Date Filed 07/29/2008 Event Effective Date NONE Principal Address 336 OAK AVE NAPLES, FL 34108 Changed: 03/17/2007 Mailing Address PO BOX 771330 NAPLES, FL 34107 Changed: 03/17/2007 Registered Agent Name & Address FARMER & ASSOCIATES, PLLC 999 VANDERBILT BEACH ROAD SUITE 503 NAPLES, FL 34108 Name Changed: 03/26/2012 Address Changed: 01/12/2011 Officer/Director Detail Name & Address Title DP GALLOWAY, DAVID PO BOX 771330 NAPLES, FL 34107 Title D BAMMEL, JACKIE PO BOX 771330 NAPLES, FL 34107 Title D SJOSTROM, BILL PO BOX 771330 NAPLES, FL 34107 Title Secretary ROBBINS, KATHLEEN PO BOX 771330 NAPLES, FL 34107 Title Director Jeskie, Dave 155 Vanderbilt Beach Road Naples, FL 34108 EXHIBIT Title Treasurer http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/15/2016 Detail by Entity Name Vezza, Sr., Robert View image in PDF format PO BOX 771330 NAPLES, FL 34107 View image in PDF format Title Director, VP View image in PDF format Burns, Nancy View image in PDF format PO BOX 771330 NAPLES, FL 34107 View image in PDF format Annual Reports View image in PDFfornat Report Year Filed Date 2014 02/26/2014 2015 02/27/2015 2016 01/24/2016 Document Images 01/24/2016 -- ANNUAL REPORT View image in PDF format 02/27/2015 -- ANNUAL REPORT View image in PDF format 02/26/2014 -- ANNUAL REPORT View image in PDF format 03/03/2013 --ANNUAL REPORT View image in PDF format 03/26/2012 --ANNUAL REPORT View image in PDF format 01/12/2011 --ANNUAL REPORT View image in PDFfornat 02/17/2010 --ANNUAL REPORT View image in PDF format 03/29/2009 --ANNUAL REPORT View image in PDF fornat 07/29/2008 -- Restated Articles View image in PDF format 04/23/2008 -- ANNUAL REPORT View image in PDF format 10/22/2007 -- Reg. Agent Change View image in PDF format 03/17/2007 --ANNUAL REPORT View image in PDF format 05/04/2006 --ANNUAL REPORT View image in PDF format 04/28/2006 -- Mercier View image in PDF format 04/24/2006 --ANNUAL REPORT View image in PDF format 04/14/2005 -- ANNUAL REPORT View image in PDF format 05/05/2004 -- ANNUAL REPORT View image in PDF format 02/27/2003 -- ANNUAL REPORT View image in PDF format 03/27/2002 -- ANNUAL REPORT View image in PDF format 02/15/2001 --ANNUAL REPORT View image in PDF format 02/03/2000 -- ANNUAL REPORT View image in PDF format 03/30/1999 --ANNUAL REPORT View image in PDF format 02/17/1998 --ANNUAL REPORT View image in PDF format Page 2 of 2 http://search. sunbiz.org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 6/15/2016 07/29/2008 11:17 FAX Q0002/0003 RESTATEMENT OF AND AMENDMENT TO THE ARTICLES OF INCORPORATION FOR VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. Pursuant to the provisions of Section 617.1007 of the Florida Not For Profit Corporation Act (the "Act"), 'Vanderbilt Beach Residents Association, Inc. (the "Corporation'D hereby adopts the following Restatement of and Amendment to the Articles of Incorporation: CO Z; 1. The name of the Corporation is Vanderbilt Beach Residents Association, Inc,' :) 2. The street address of the principal office of the Corporation is: 70�c 336 Oak Avenue Naples, FL 34108. rn " 3. The object and purpose of the Association shall be to encourage and promote the proper development and maintenance of Vanderbilt Beach and surrounding areas as a choice residential and recreational community and to take whatever actions may be deemed necessary to achieve such purpose; including, but not limited to, the presentation of the Association's points of view to appropriate governmental or other bodies; the establishment of desirable activities to promote the general welfare of the Association members. In Rutherance of the preceding, the Corporation shall have the authority to engage in such activities permitted by a civic organization, within the meaning of section 501(c)(4) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States Internal Revenue Law (the "Code'. 4. The membership of the Corporation and the voting rights, if any, of the members shall be as provided in the Bylaws. 5. The number of directors constituting the Board of Directors of the Corporation and the manner of their election shall be as provided in the Bylaws. 6. The officers and their manner pf plcetion shall be as provided in the Bylaws. 7. The street address of the registered office of the Corporation is; 720 Fifth Avenue South; Suite 200. Naples, FL 34102 ((0108000183181 3))) 07/29/2008 11:18 FAX ti 90003/0003 and the name of the Corporation's registered agent as such address is: AARON A. FARMER, P.L. 8. Title to all property of the Corporation shall be held in the name of the Corporation or as otherwise may be provided pursuant to the authority of the Bylaws of the Corporation. Any ga bequest, devise or donation of any kind whatsoever to the Corporation or its Board of Directors shall be deemed to vest title in the Corporation. Upon the liquidation or dissolution of the Corporation, its assets, if any, remaining after payment (or provision for payment) of all liabilities of the CorpoTa ion, shall be distributed to one or more organizations qualified as exempt under sections 501(c)(3) or 501(c)(4) of the Code. 4. Notwithstanding any other provision of this Restatement of and Amendment to the Articles of Incorporation to the contrary, no part of the net eamings, current or accumulated, or property of the Corporation shall insure to the benefit of, or be distributed to, any member (other than a member which is exempt from federal income tax under sections 501(c)(3) or 501(c)(4) of the Code), director, officer, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services actually rendered and to make payment and distributions in furtherance of the purposes set forth in these Articles. This Restatement of and Amendment to the Articles of Incorporation was unanimously approved by the directors and members of the Corporation; accordingly, the votes cast by the members for this Restatement of and Amendtnent to the Articles of Incorporation were sufficient for approval. 11411 Dated as ofthis:U"1day of July, 2008. By: Susan Stiefel, Its Authorize Officcr and Director -2- (((H08000183181 3))) BYLAWS OF VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. (a Florida not for profit corporation) ARTICLE I OFFICES The registered office of the Vanderbilt Beach Residents Association, Inc. (the "Association") shall be located at the offices of Fowler White Boggs Banker P.A., 5811 Pelican Bay Boulevard, Suite 600, Naples, Florida or such other place in Naples, Collier County, State of Florida as designated from time to time by the Board. ARTICLE 11 PURPOSES The object and purpose of the Association shall be to encourage and promote the proper development and maintenance of Vanderbilt Beach and surrounding areas as a choice residential and recreational community and to take whatever actions may be deemed necessary to achieve such purpose; including, but not limited to, the presentation of the Association's points of view to appropriate governmental or other bodies; and the establishment of desirable activities to promote the general welfare of the Association members. The suggested boundaries of the Association from which its membership shall be comprised is: on the east, Vanderbilt Drive; on the south, Vanderbilt Beach Road; on the west, the Gulf of Mexico; and on the north, the Cocohatchee River and Wiggins Pass, ARTICLE III DIRECTORS A. MANAGEMENT OF THE ASSOCIATION. The Association shall be managed by the Board of Directors which shall consist of not less than seven (7) and not more than twelve (12) Directors, B. ELECTION; REPRESENTATION: AND TERM OF DIRECTORS. 1. Election. At each annual meeting of Directors, the Directors shall elect new Directors to take the place of Directors whose terms are scheduled to expire on such date or retain for an additional term Directors whose previous term is scheduled to expire on such date. 2. Geographical Representation, To the extent possible, Directors shall be elected from diverse geographic areas within the boundaries of the Association. 3. Term of Office. In general, all such elected Directors shall serve for a term of three (3) years. Each Director shall hold office until the expiration of the term for which he or she was elected and until his or her successor has been elected and shall have qualified, or until his or her prior resignation or removal. The terms for the Directors elected during the 2006 fiscal year shall be equally divided between terms of one (1) year, two (2) years, and three (3) years, and the ballots shall reflect the term specified for each Director. 4. Term Limits. Each Director shall serve no more than six (6) consecutive years unless the 2006 term was less than three (3) years in which case a director may serve for two (2) consecutive three-year terms. C. VACANCIES. A Director elected to fill a vacancy on the Board shall be elected to hold office for the unexpired term of his or her predecessor. D. REMOVAL OF DIRECTORS. Any Director may be removed, with or without cause, by vote of two-thirds of the Directors then in office. Any Director missing three (3) consecutive meetings of the Board of Directors shall be deemed removed as a Director by the requisite vote of the Directors then in office unless two-thirds of the Directors vote to retain such Director based on reasonable cause as determined in the sole and absolute discretion of the Board. In addition, one or more Directors may be removed by a vote of the members pursuant to Section B of Article IV. E. RESIGNATION. A Director may resign at any time by giving written notice to the Board, the President or the Secretary. Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof by the Board or such officer, and the acceptance of the resignation shall not be necessary to make it effective. F. QUORUM OF DIRECTORS. Unless otherwise provided in the Articles of Incorporation, a majority of all of the Directors then in office shall constitute a quorum for the transaction of business or of any specified item of business. G. ACTION OF THE BOARD. Unless otherwise required by law or these Bylaws, the vote of a majority of the Directors present at the time of the vote, if a quorum is present at such time, shall be the act of the Board. Each Director present shall have one vote. H. PLACE AND TIME OF BOARD MEETINGS. All meetings of the Board shall be held in pgrson; provided, however, that one or more members may participate by conference call (or similar electronic media) as long as all members can hear one another. It is understood that the Board of Directors informally consult one another on routine matters not requiring formal board approval. Routine matters taken while members of the Board of Directors are traveling or not resident in Naples shall be approved by an e-mail initiated by one of the Directors approved by a majority of the Directors. Mi'llllgigin The Annual Meeting of the Board of Directors shall be held during the first calendar quarter of each year. Such meeting shall be immediately preceding the Annual Members Information Meeting for dues paying members in good standing. During the Annual Meeting, the Board of Directors shall review the activities of the previous year, discuss plans for the upcoming year, announce the Association's annual budget for the year, and announce the officers and directors for the upcoming year. J. NOTICE OF MEETINGS OF THE BOARD, ADJOURNMENT. Regular Meetings of the Board may be held with two (2) days notice at such time and place as it shall from time to time determine, The Board shall hold at least two regular meetings each year. Special meetings of the Board shall be held upon two (2) days prior notice to the Directors, either personally, by mail, wire or e-mail to the last address on record with the Secretary; special meetings shall be called by the President or by the Secretary in a like manner on written request of two (2) Directors. Notice of a meeting need not be given to any Director who attends the meeting without protesting the lack of notice to him or her prior thereto or at its comi-nencernent. A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the adjournment shall be given to all Directors who were absent at the time of the adjournment and, unless such time and place are announced at the meeting, to the other Directors. K. BOARD MEETING PRESIDING OFFICER. At all meetings of the Board, the President, or in his or her absence, the Vice -President shall preside. L EXECUTIVE AND OTHER COMMITTEES. Except as otherwise required, the Board, by resolution adopted by a majority of the entire Board, may designate from among its members an executive committee and other committees, each consisting of one or more Directors. Each such committee shall serve at the pleasure of the Board, The standing committees of the Board of Directors shall include: NOMINATING COMMITTEE, The Nominating Committee for the annual election of the expiring terms of the Board of Directors and Officers shall consist of three (3) members and shall be chaired by the President. The Membership Committee shall have the right to appoint one non -Director member from the general membership and the remaining person shall be appointed by the Board of Directors. The Nominating Committee shall propose the candidates for each expiring director position (which may include the incumbent director unless such director has already served for six (6) consecutive years). The Nominating Committee shall undertake reasonable efforts to propose a slate of candidates from diverse geographic areas within the boundaries of the Association. 2. AUDIT COMMITTEE. The Audit Committee shall consist of three (3) members and shall be chaired by the Treasurer, One (1) non -Director member shall be appointed by the President from the general membership and the remaining person shall be a Director appointed by the Board. The Audit Committee shall be responsible for administering the conflict of interest policy and for an annual internal review of accounts. 3. MEMBERSHIP COMMITTEE. The Membership Committee shall normally consist of five (5) members and shall be chaired by the Vice -President or Secretary. At least two (2) non - Director members shall be appointed by the President from the general membership and the remaining members shall be Directors appointed by the Board. 4. ZONING COMMITTEE. The Zoning Committee shall consist of the entire Board of Directors and at least three (3) non -Director members appointed by the President from the general membership. The Chair of the Zoning Committee shall be a member of the Board of Directors, N. PRESUMPTION OF ASSENT. A Director who is present at a meeting of the Board of Directors at which action on any matter is taken shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting because of an asserted conflict of interest, O. SALARY: CONFLICT OF INTEREST POLICY. Directors shall not be compensated financially, directly or indirectly, but shall be reimbursed for expenses previously approved in the annual budget by the Board of Directors for the routine business needs of' the Association. Directors shall not accept any gratuities from any person or organization having an interest in any issue the Association has taken under active consideration or review. ARTICLE IV MEMBERS A. MEMBERSHIP. The members of this Association shall consist of those individuals and organizations who are property owners within the boundaries of the Corporation (or area residents recommended by a property owner and approved by the consent of the Membership Committee), and who have expressed a current interest in furthering the purposes and goals of the Association. Payment of required dues within the current fiscal year shall be such an expression of interest. B. VOTING RIGHTS AND QUORUM. Except as authorized by this Section B, members are not entitled to vote unless such right to vote is conferred by an amendment to the Articles of Incorporation or any future provisions of these Bylaws; provided, however, the members shall have the right at all times before, during, and after the Annual Meeting to make suggestions, to request the current financial of the Association, and to seek information on current, pending and previous issues considered by the Association; provided, further, the membership shall have the right to initiate a recall of one or more Directors by submitting a petition to the Board of Directors signed by twenty percent (20%) of the members and requesting the matter be put to a vote of the embers at a Special Meeting. Upon receipt of such petition, the President shall call a Special Meeting of the members within sixty (60) days. Two-thirds (%) of members present and voting at the Special Meeting for recall shall cause the director or directors to be immediately removed from the Board of Directors. In the event the entire board is recalled, the Membership shall endeavor to form a New Membership Committee to adopt new bylaws governing the Association and the election of officers and directors. C. ANNUAL MEETING. The Association shall convene an Annual Member Information Meeting of the Members to advise Members of the activities of the Association during the preceding year. The place and time of the Annual Member Information Meeting shall be determined by the Board of Directors and shall immediately follow the Annual Meeting of the Board. D. SPECIAL MEETINGS. Special Meetings of Members may be called by the President, or a majority of the Board of Directors. The purpose of each Special Meeting may, in the discretion of the person or persons convening such Special Meeting, be stated in the notice, E. NOTICE OF MEETING., The Association may give reasonable notice of at least fifteen (15) days of the Annual Member Information Meeting or any special meeting of the Members, including, but not limited to, written or printed notice and oral notice. ARTICLE V OFFICERS A. OFFICERS. ELECTION AND TERM. 1. Unless otherwise provided for in the Articles of Incorporation, the Board may elect a President, one or more Vice -Presidents, a Secretary, a Treasurer and such other officers as it may determine who shall have duties and powers as hereinafter provided. Officers shall be voted upon by the Board of Directors at the Annual Meeting following the recommendations of the Nominating Committee at least thirty (30) days before the Annual Meeting. Such officers must be members of the Board of Directors and members in good standing. 2. All officers shall be elected to hold office for one-year until the annual meeting of the Board, and until their successors have been elected and qualified. Officers shall be limited to three (3) one-year terms in any one office. B. BEMOVAL, RESIGNATION, SALARY, ETC. 1. Any officer elected by the Board may be removed by action of the Board with or without cause. 2. In the event of the death, resignation or removal of an officer, the Directors, by action of the Board, may elect a successor to fill the unexpired term. 3. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. 4. Officers shall not be compensated financially, directly or indirectly, but shall be reimbursed for expenses approved by the Board of Directors for routine business needs of the Association. Officers shall not accept any gratuities from any person or organization having an interest in any issue the Association has taken under active consideration or review. C. PRESIDENT. The President shall be the Chief Executive Officer of the Association; he or she shall preside at all meetings of the Board-, he or she shall have responsibility for the general management of the affairs of the Association and shall see that all orders and resolutions of the Board are carried into effect. D. VICE-PRESIDENTS. During the absence or disability of the President, the Vice -President, or (if there are more than one) the Executive Vice -President shall have all the powers and functions of the President. Each Vice President shall perform such other duties as the Board shall prescribe, E. TREASURER. The Treasurer shall have the care and custody of all the funds and securities of the Association, and shall deposit said funds in the name of the Association in such batik or trust company as the Directors may elect; he or she shall, when duly authorized by the Board of Directors, sign and execute all contracts in the name of the Association; he or she shall normally sign all checks, drafts, notes, and orders for the payment of money, which shall be duly authorized by the Board of Directors; he or she shall at all reasonable times exhibit his or her books and accounts at the office of the Association during ordinary business hours. At the end of each corporate year, he or she shall have an audit or internal review of the accounts of the Association made by the Audit Committee, and shall present such findings in writing at the annual meeting of the Board, at which time he or she shall also present an annual report setting forth in full the financial conditions of the Association. G. SECRETARY. The Secretary shall keep the minutes of the Board of Directors. He or she shall have the custody of the seal of the Association and shall affix and attest the same to documents when duly authorized by the Board of Directors. He or she shall attend to the giving and serving of all notices of the Association, and shall have charge of such books and papers as the Board of Directors may direct; he or she shall attend to such correspondence as may be assigned to him or her, and perform all the duties incidental to his or her office. SURETIES AND BONDS. In case the Board shall so require, any officer or agent of the Association shall execute to the Association a bond on such sum and with such surety or sureties as the Board may direct, conditioned upon the faithful performance of his or her duties to the Association and including responsibility for negligence and for the accounting for all property, funds or securities of the Association which may come into his or her hands, ARTICLE VI CORPORATE SEAL The seal of the Association shall be circular in form and bear the name of the Association the year of its organization and the words "CORPORATE SEAL, FLORIDA." The seal may be used by causing it to be impressed directly on the instrument or writing to be sealed, or upon adhesive substance affixed thereto. The seal on the certificates for the payment of money may be facsimile, engraved or printed. ARTICLE VII EXECUTION OF INSTRUMENTS All corporate instruments and documents shall be signed or countersigned, executed, verified or acknowledged by such officer or officers or other person or persons as the Board may from time to time designate. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name or the Association shall be signed by such officer or officers, agent or agents of the Association, and in such manner as shall be determined from time to time by resolution of the Board. ARTICLE Vill FISCAL YEAR The fiscal year shall begin the first day of January in each year. ARTICLE IX NOTICE AND WAIVER OF NOTICE Whenever any notice is required by these Bylaws to be given, personal notice is not meant unless expressly so stated, and any notice so required shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed post-paid wrapper, addressed to the person entitled thereto at his or her last known post office address, and such notice shall be deemed to have been given the day of such mailing. Whenever any notice whatever is required to be given under the provisions of any law, or under the provisions of the Articles of Incorporation of the Association or these Bylaws, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein shall be deemed equivalent thereto, ARTICLE X CONSTRUCTION Whenever a conflict arises between the language of these Bylaws and the Articles of Incorporation, the Articles of Incorporation shall govern. 8 ARTICLE XI AMENDMENTS A. ARTICLES OF INCORPORATION. The Articles of Incorporation of the Association may be amended by two-thirds (%) of the Directors then in office. B. BYLAWS. These Bylaws may be amended or repealed by two thirds (2/3) of the Directors then in office. ARTICLE X1 NOT-FOR-PROFIT OPERATION The Association will not have or issue shares of stock. No dividends will be paid. No part of the income or assets of the Association will be distributed to its members, Directors or officers without full consideration. No member of the Association has any vested right, interest or privilege in or to the assets, property, functions or activities of the Association. The Association may contract in due course with its members, Directors and officers without violating this provision, The undersigned does hereby certify that the foregoing is a true and exact copy of the Bylaws of the Association on the -':43 day of April, 2006. #1802352" VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. By: 4Z Secretary 10 I APPEAL OF THE APR-REISSUANCE CONCERNING EXHIBIT A DAVIDSON ,r -.I r.. I''. PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code, Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing/Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Bcach Box Cafc Exhibit A: APR Justification September, 2015 47 spaces WM,W.davidsonengineerilip. com EXHIBIT •-1 wiiier uounLy, ri, Eana veveiopmeni t -we rage 1 of!) 4.05.04 - Parking Space Requirements A. Requirements for off-street parking for uses not specifically mentioned in this section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking, unless specific provision is made to the contrary. B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (Yz) shall require a full off-street parking space. C. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces, providing paved off-street surface parking in excess of 120 percent of the requirements of this LDC shall request a variance in accordance with Chapter 9. The developer shall be required to provide double the landscaping required in interior vehicular use areas, as required by section 4.06.00 for those projects requesting such a variance. D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 1. Residential off-street parking. Driveways must beat least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side -loaded there must be at least a 23 -foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. E. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G. Spaces required. Table 17. Parking Space Requirements. Airport (civil aviation) Airport (general aviation) Art gallery or museum Archery fields 1 per 600 annual enplaned passengers. 1 per each aircraft tiedown/storage/maintenance area. 1 per 300 square feet of floor area open to the general public. 1 per 1.5 target practice stalls 1 a-YHIBIT about:blank 6/11/2016 Collier County, FL Land Development Code Page 6 of 9 Public buildings (fire, emergency 1 per 200 square feet for administrative office area and 2 per medical service or sheriff station and employee of the largest shift for all other areas plus 1 per 5 jail) prisoners based on the maximum holding capacity for anyjails. Recreation facilities (indoor) sports, 1 per 100 square feet. exercise, fitness, aerobics, or health club/skating rink/game room/bingo parlor Recreation facilities (outdoor) tennis, 3 per court plus other uses as required. racquetball or handball courts Research laboratory 1 per 300 square feet of office area plus 1 per 500 square feet of other areas or 1 per employee of largest workshift, whichever is greater, plus 3 for visitors. Residential uses: Boarding/rooming house, bed and 1 per rented room plus 2 for owners/employees. breakfast residence Convalescent home, nursing home, 2 per 5 beds. home for the aged, rehabilitation facility Duplex 2 per dwelling unit. Single-family house, town/row house, 2 per unit. mobile home, guesthouse, caretaker's residence Dormitory/fraternity/sorority 1 per 2 beds, plus 1 per manager, plus 1 per employee. Multi -family dwellings All units shall have 1 per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1 -bedroom unit, and 1 per 2 -bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Family care facility, group care facility (category I and category II), and care unit,. about:blank 6/11/2016 Collier County, 1~L Land Development Lode Page 9 of 9 Travel trailer/recreational vehicle 1 per campsite lot or other TTRVC lot. park campsite Warehouse, wholesale 1 per 1,000 square feet except for sales/office areas which are 1 per 275 establishment square feet. (Ord. No. 05-27, § 3.5; Ord. No. 10-23, § 3.X; Ord. No. 12-38, § 3.N; Ord. No. 13-56, § 31) about:blank 6/11/2016 Ic TO THE SUBMITTAL AS PART OF T H E m X s beachboxcondos HOME CONDOS ABOUT US CONTACT US Page 1 of 1 BLOG The - �... :.. . • BEACH BOX CONDOS r±; 9020 Gulfshore Drive Naples, Florida 3gio8 c. .SPS Tui Ue ,_ Horse Starfish. ; 91 El Beach Box Condos I 9020 Gulf Shore Drive Naples, Florida 34108 I 239-963-7433 I Sage(6) Beach BoxCondos.com http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I ABOUT US About Us Meet Gary Brecka & Ralph Cioffi, owners of Beach Box Cafe & Beach Box Condos Page 1 of 1 HOME CONDOS ABOUT US CONTACT US BLOG Sand Dollar - VRBO#774879 Sea Turtle - VRBO#774883 Thank you for looking into a stay with us at the Beach Box Condos! My name is Gary, and my friend and business partner Ralph and I hope to meet as many of our guests as we can when they come to town. Our story is pretty simple he and I came together a few years ago because we had a really cool idea to put a laid back, Jimmy -Buffet style healthy restaurant right on the most popular beach in Naples.... with live music, drinks and great healthy food. So, we started building the Beach Box Cafe.....a friendly, clean place to eat, drink, enjoy some laid-back live music and the beach. That little vision grew and grew until we took over the the building that we put the restaurant in and decided that it was time to take it from it's 1982 roots into a beautiful unit coastal -style Beach front bed and breakfast. We renovated the 4 units and left not a single stone unturned.... we replaced, floors, appliances, kitchens, windows, doors, every shred of furniture... the works! This is lihe home to us. It's not just a property or a local restaurant, it's our "place", our place where we are raising our families. If you come downstairs for a coffee, you are likely to meet one of my three kids that work at the restaurant (Madison, 17, Cole 14 or Dylan is) or even my best friend, "Jack" the black lab. (He's our official mascot). You could bump into one of Ralph's sons too (Andrew or Eric or his wife, Phyllis) and even see Ralph and I greeting guests, looking over the details or listening to our favorite musician. So please come stay with us say hi, relax and I think you too will fall in love with the Beach Box family see you soon! Gary Brecka & Ralph Cioffi Beach Box Condos I 902o Gulf Shore Drive I Naples. Florida 34108 1 239-963-7433 1 Sage@BeachBoxCondos.com http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sand Dollar - VRBO#774879 Page I of 5 HOME CONDOS ABOUT US CONTACT US BLOC http://www.beachboxcondos.com/ 6/11/2016 Page 2 of 5 HOME CONDOS ABOUT US COW , ACT US PLOG Beach Box Condos 1 9020 Gulf Shore Drive 1, Naples, Florida 34108 ; 239-963-7433 ! Sage a,BeachBoxCondos com http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sand Dollar - VRBO#774879 Page 3 of 5 http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sand Dollar - VRBO#774879 Sand Dollar Condo In El Book Noxi! Renovations are complete at Beach Box Condos in sunny Naples, Florida! They have been compLetely redone, With aLL new floors, paint, trim, appliances, furniture, bedding, etc. Everything Was chosen by a professional interior designer and it wiLL be beautiful and new, fresh and clean for your arrival! Sand Dollar Unit - VRBO #774879 NEW ON THE MARKET!! This residence lives like a single family home up in the airjust above the Gulf waters and beach. Absolutely stunning custom renovation With fabulous upgrades throughout! A Perfect Location for your Winter Stay. Freshly Updated, this fully furnished, turn -hey condominium has been newly renovated throughout with all new hard wood floors, carpet, appliances, furniture, beds, bedding, bathrooms, Lighting, windows & doors, artwork, inventory, and much more. Modern neutral Florida style decor throughout. Page 4 of 5 New, New, New! FIRST SEASON OF RENTAL!! This spacious 4000 square foot unit has 5 bedrooms and 3 bathrooms and will sleep 12-14 people comfortably. It has a very fresh and open feet, bright and cheerful, and the views of the Gulf of Mexico are outstanding! There are Gulf and beach views from the Living room, kitchen, family room, master bedroom, guest bedroom and two covered balconies. Fabulous Sunsets will captivate you. Located across the street to the beach and minutes to shopping, dining and entertainment. Enjoy a casual walk to the Ritz or stroll miles of white sugar sand beaches. This unit is 41 steps to the sand! The entire unit has been freshly painted in White, Beige, Sand and pops of Coral colors throughout. The luxurious Kitchen has all neutral -toned cabinets with Granite countertops, updated brand new stainless steel appliances, and is well stocked with new dishes, utensils, pots and pans. Just off the Kitchen is a brand new Washer and Dryer. The Dining Room has a Square Counter Height Dining Table that seats 8 people. The Living Room accommodates two cream sofas with track arm and box seat and back cushions with Two matching chairs, Cocktail table, and TV Credenza. http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sand Dollar - VRBO#774879 The Master Bedroom Suite upstairs offers a Weathered Wood King size bed With matching nightstands and dresser, fresh linens, comforter, Large dresser, 55" Flat Screen TV, closet, and private bath With a Wath in shower, and dual sinks. The first Guest Bedroom upstairs offers a casual weathered mahogany parsons style King sized bed with matching nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the second guest bedroom. The second Guest Bedroom upstairs offers Two Twin tufted upholstered headboards in greige Linen fabric, fresh Linens, comforters, spacious closet, and shares a bath with the first guest bedroom. The third Guest Bedroom downstairs offers a Queen sized headboard with nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the fourth guest bedroom. The fourth Guest Bedroom downstairs offers Two Light woven seagrass Full headboards with white coastal casual nightstands and dresser, fresh linens, comforters, spacious closet, and shares a bath with the third guest bedroom. Page 5 of 5 The two Sunset balconies are quite spacious and have a table and two matching chairs, with gorgeous views of the Beaches and Gulf of Mexico. Every creature comfort has been provided to make a tenant's stay more convenient and enjoyable. We are Proud to peep our home in Great shape - Just Like the neighboring Ritz Carlton Hotel! New (Keyless) Combination Door Lochs - So no more heys to carry or worry about!! New high-speed Wireless Internet New TV's in Living Room and Master Bedroom - 55° and 60" TV with Comcast Cable New Paint - Exterior & all Interior walls New Air Conditioning system New Kitchen silverware/glasses/dishes/coffee pot/blender New High End Quality Pots/Pan New Bedroom bedcovers/pillows/sheets Remodeled with new Windows, Tile floors, Cabinets, Granite Counter Tops New Stainless Steel Kitchen Appliances with Full-sized Washer & Dryer Rollaway beds are available if needed. `Beach Box Cafe on first floor of condos serving Breakfast, Lunch, and Dinner with live music, "load your soft serve ice cream for kids" and full bar for adults "Mercado shopping center Less than one mile 'Exactly 41 steps to the beach 'Sunset views of the Gulf of Mexico from your balcony 'Full service marina within walking distance with fishing charters, bait and tackle and sunset dolphin and sightseeing tours. Book NOWT 'Two designated parking spaces http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Starfish - VRBO#774886 Page 1 of 5 HOME CONDOS ABOUT US CONTACT US BLOG http://www.beachboxcondos.com/ 6/11/2016 Page 2 of 5 H 0 MI E CONDOS 11130U- (is CONT ACT US BLOG Beach Box Condos 902o Gulff Shore Drive � NapLes. Ronda 34108 1 239-963-7433 : Sage SBeachBoxCondos con-) http://www.beachboxcondos.com/ 0/11/2016 beachboxcondos I Starfish - VRBO#774886 Page 3 of 5 http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Starfish - VRBO#774886 Starfish Condo E1 ID Book Now! Page 4 of 5 Renovations are complete at Beach Box Condos in sunny Naples, Florida! They have been completely redone, With all new floors, paint, trim, appliances, furniture, bedding, etc. Everything Was chosen by a professional interior designer and it Will be beautiful and new, fresh and clean for your arrival! Starfish Unit - VRBO #774886 NEW ON THE MARKET!! This residence lives like a single family home up in the air just above the Gulf Waters and beach. Absolutely stunning custom renovation With fabulous upgrades throughout! A Perfect Location for your Winter Stay. Freshly Updated, this fully furnished, turn -hey condominium has been newly renovated throughout With all new hard Wood floors, carpet, appliances, furniture, beds, bedding, bathrooms, lighting, windows & doors, artwork, inventory, and much more. Modern neutral Florida style decor throughout. New, New, New! FIRST SEASON OF RENTAL!! This spacious 3000 square foot unit has 3 bedrooms and 2.5 bathrooms and will sleep 6-8 people comfortably. It has a very fresh and open feel, bright and cheerful, and the views of the Gulf of Mexico are outstanding! There are Gulf and beach views from the living room, kitchen, family room, master bedroom, guest bedroom and two covered balconies. Fabulous Sunsets will captivate you. Located across the street to the beach and minutes to shopping, dining and entertainment. Enjoy a casual walk to the Ritz or stroll miles of white sugar sand beaches. This unit is qi steps to the sand! The entire unit has been freshly painted in Beige and Sand colors with Mint and Spa accent colors throughout. The luxurious Kitchen has all neutral -toned cabinets with Granite countertops, updated brand new stainless steel appliances, and is well stocked with new dishes, utensils, pots and pans. Just off the Kitchen is a brand new Washer and Dryer. The Dining Room has a weathered wood finished dining table offering a coastal reclaimed wood feel with 6 matching chairs. There is a bar area with three modern metal barstools for additional seating. The Living Room accommodates a sectional sofa upholstered in a neutral sand fabric with sleek trach arms with box seat and back cushions. The accompanying chair, offering a transitional loch http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Starfish - VRBO#774886 Page 5 of 5 upholstered in a cream, beige, mint, and spa whimsical floral print with a tight upholstered back and clean Lined arms. There is a wood top With metal base cocktail table and a coastal causal TV credenza that contains a large 6o" Flat Screen TV. The Family Room contains a sleeper sofa with memory foam mattress upholstered in a sand fabric, perfect to sleep two additional persons. Additional rollaways are also available upon request. Cocktail seating area has two funky barrel back chairs in a sky blue fabric with an upholstered cocktail ottoman to kick your feet up, watch sunset, and relax. The Master Bedroom Suite offers a weathered wood King size bed with matching nightstands and dresser, fresh linens, comforter, large dresser, 55° Flat Screen TV, walk-in closet, and private bath with shower, and dual sinks. The first Guest Bedroom offers a casual weathered mahogany parsons style Queen sized bed with matching nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the second guest bedroom. The second Guest Bedroom offers a light woven seagrass Queen sized headboard with white coastal casual nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the first guest bedroom. The two Sunset balconies are quite spacious and have a table and two matching chairs, with gorgeous views of the Beaches and Gulf of Mexico. Every creature comfort has been provided to make a tenant's stay more convenient and enjoyable. We are Proud to peep our home in Great shape -Just like the neighboring Ritz Carlton Hotel! New (Keyless) Combination Door Locks - So no more keys to carry or worry about!! New high-speed Wireless Internet New TV's in Living Room and Master Bedroom - 55" and 6o" TV with Comcast Cable New Paint - Exterior & all Interior walls New Air Conditioning system New Kitchen silverware/glasses/dishes/coffee pot/blender New High End Quality Pots/Pan New Bedroom bedcovers/pillows/sheets Remodeled with new Windows, Tile floors, Cabinets, Granite Counter Tops New Stainless Steel Kitchen Appliances with Full-sized Washer & Dryer Rollaway beds are available if needed. 'Beach Box Cafe on first floor of condos serving Breakfast, Lunch, and Dinner with live music, "Load your soft serve ice cream for kids" and full bar for adults `Mercado shopping center less than one mile 'Exactly 41 steps to the beach `Sunset views of the Gulf of Mexico from your balcony `Full service marina within walking distance with fishing charters, bait and tackle and sunset dolphin and sightseeing tours. Book NOW! 'One designated parking space http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Seahorse - VRBO#774885 Page 1 of 5 HOME CONDOS ABOUT US CONTACT US BLOG http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Seahorse - VRBO#774885 Page 2 of 5 HOME CONDOS ABOUT US C 0NT, ACT U S BLOC Beach Box Condos : 9020 Gutf Shore Drive ! Naples. Florida 34108 1 2309-963-7433 Sage�a, Beach BoxCondos conn http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Seahorse - VRBO#774885 Page 3 of 5 http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Seahorse - VRBO#774885 Seahorse Condo 910 Page 4 of 5 Book Novy! Renovations are complete at Beach Box Condos in sunny Naples, Florida! They have been completely redone, With all neve floors, paint, trim, appliances, furniture, bedding, etc. Everything Was chosen by a professional interior designer and it Will be beautiful and new, fresh and clean for your arrival! Seahorse Unit - VRBO #774$$5 NEW ON THE MARKET!! This residence lives like a single family home up in the air just above the Gulf Waters and beach. Absolutely stunning custom renovation With fabulous upgrades throughout! A Perfect Location for your Winter Stay. Freshly Updated, this fully furnished, turn -hey condominium has been newly renovated throughout With all new hard Wood floors, carpet, appliances, furniture, beds, bedding, bathrooms, lighting, windows & doors, artwork, inventory, and much more. Modern neutral Florida style decor throughout. New, New, New! FIRST SEASON OF RENTAL!! This spacious 3000 square foot unit has 3 bedrooms and 2.5 bathrooms and will sleep 6-8 people comfortably. It has a very fresh and open feel. 'bright and cheerful, and the views of the Gulf of Mexico are outstanding! There are Gulf and beach views from the living room, kitchen, family room, master bedroom, guest bedroom and two covered balconies. Fabulous Sunsets will captivate you. Located across the street to the beach and minutes to shopping, dining and entertainment. Enjoy a casual walk to the Ritz or stroll miles of white sugar sand beaches. This unit is 41 steps to the sand! The entire unit has been freshly painted in Light Grey, Shy Blue, Charcoal, and Taupe colors throughout. The luxurious Kitchen has all neutral -toned cabinets with Granite countertops, updated brand new stainless steel appliances, and is well stocked with new dishes, utensils, pots and pans. Just off the Kitchen is a brand new Washer and Dryer. The Dining Room has a weathered wood finished dining table offering a coastal reclaimed wood feel with 6 matching chairs. There is a bar area with three modern metal barstools for additional seating. The Living Room accommodates a sleeper sofa with a chaise upholstered in a charcoal fabric with wide trach arms and tufted back cushions. The accompanying lounge chair is a tight back trach arm chair upholstered in a geometric beige, shy blue, taupe and charcoal fabric. There is a wood top with metal base cocktail table and a coastal causal TV credenza that contains a large 6o" Flat Screen TV, Cocktail seating area has two funky barrel back chairs in a shy blue fabric with an upholstered cocktail ottoman to hick your feet up, watch sunset, and relax, http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Seahorse - VRBO#774885 Page 5 of 5 The space beyond the main seating are offers another comfortable sleeper sofa with memory foam mattress, perfect to sleep two additional persons. Additional rollaways are also available upon request. The Master Bedroom Suite offers a weathered wood King size bed with matching nightstands and dresser, fresh linens, comforter, large dresser, 55" Flat Screen TV, walk-in closet, and private bath with shower, and dual sinks. The first Guest Bedroom offers a casual weathered mahogany parsons style Queen sized bed with matching nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the second guest bedroom. The second Guest Bedroom offers two twin tufted upholstered headboards in greige linen fabric, fresh linens, comforters, spacious closet, and bathroom that shares with the first guest bedroom. The two Sunset balconies are quite spacious and have a table and two matching chairs, with gorgeous views of the Beaches and Gulf of Mexico. Every creature comfort has been provided to make a tenant's stay more convenient and enjoyable. We are Proud to peep our home in Great shape - Just like the neighboring Ritz Carlton Hotel! New (Keyless) Combination Door Locks - So no more keys to carry or worry about!! New high-speed Wireless Internet New TV's in Living Room and Master Bedroom - 55' and 60" TV with Comcast Cable New Paint - Exterior & all Interior walls New Air Conditioning system New Kitchen silverware/glasses/dishes/coffee pot/blender New High End Quality Pots/Pan New Bedroom bedcovers/pillows/sheets Remodeled with new Windows, Tile floors, Cabinets, Granite Counter Tops New Stainless Steel Kitchen AppLiances with Full-sized Washer & Dryer Rollaway beds are available if needed. 'Beach Box Cafe on first floor of condos serving Breahfast, Lunch, and Dinner with live music, "load your soft serve ice cream for kids" and full bar for adults 'Mercado shopping center less than one mile 'Exactly 41 steps to the beach 'Sunset views of the Gulf of Mexico from your balcony 'Full service marina within walking distance with fishing charters, bait and tackle and sunset dolphin and sightseeing tours. 'One designated parking space Book Novy! http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sea Turtle - VRBO#774883 HOME CONDOS ABOUT US CONTACT US Page 1 of 5 http://www.beachboxcondos.com/ 6/11/2016 beachboxconclos I Sea Turtle - VRBO#774883 Page 2 of 5 HOMIE CONDOS ABOUT, US CONT Ac- us SLOG Beach Box Condos I 902o Gulf Shore Drive : Naples. Florida 34108 1 239-963-7433 : Sag&�,BeacchBoxConcos.corn, http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sea Turtle - VRBO#774883 Page 3 of 5 http://www.beachboxcondos.com/ 6/11/2016 beachboxcondos I Sea Turtle - VRBO#774883 Sea Turtle Condo 910 Book Novy! Page 4 of 5 Renovations are complete at Beach Box Condos in sunny Naples, Florida! They have been completely redone, with all neve floors, paint, trim, appliances, furniture, bedding, etc. Everything was chosen by a professional interior designer and it will be beautiful and new, fresh and clean for your arrival! Sea Turtle Unit - VRBO #774$$3 NEW ON THE MARKET!! This residence lives like a single family home up in the airjust above the Gulf Waters and beach. Absolutely stunning custom renovation with fabulous upgrades throughout! A Perfect Location for your Winter Stay. Freshly Updated, this fully furnished, turn -hey condominium has been newly renovated throughout With all new hard Wood floors, carpet, appliances, furniture, beds, bedding, bathrooms, lighting, windows & doors, artwork, inventory, and much more. Modern neutral Florida style decor throughout. New, New, New! FIRST SEASON OF RENTAL!! This spacious 3000 square foot unit has 3 bedrooms and 2.5 bathrooms and will sleep 6-8 people comfortably. It has a very fresh and open feel, bright and cheerful, and the views of the Gulf of Mexico are outstanding! There are Gulf and beach views from the living room, kitchen, family room, master bedroom, guest bedroom and two covered balconies. Fabulous Sunsets will captivate you. Located across the street to the beach and minutes to shopping, dining and entertainment. Enjoy a casual walk to the Ritz or stroll miles of white sugar sand beaches. This unit is 41 steps to the sand! The entire unit has been freshly painted in Light Grey, Aqua, pale blue charcoal colors throughout. The luxurious Kitchen has all neutral -toned cabinets with Granite countertops, updated brand new stainless steel appliances, and is well stocked with new dishes, utensils, pots and pans. Just off the Kitchen is a brand new Washer and Dryer. The Dining Room has a weathered wood finished dining table offering a coastal reclaimed wood feel with 6 matching chairs. There is a bar area with three modern metal barstools for additional seating. The Living Room accommodates a sectional sofa upholstered in a medium charcoal fabric with sleek track arms with box seat and back cushions. The accompanying chair offers a transitional look. There is a wood top with metal base cocktail table and a coastal causal TV credenza that contains a large 55" Flat Screen TV. http://www.beachboxcondos.corn/ 6/11/2016 beachboxcondos I Sea Turtle - VRB04774883 Page 5 of 5 The Family Room contains a sleeper sofa With memory foam mattress upholstered in a charcoal fabric, perfect to sleep two additional persons. Additional rolloways are available upon request. Cocktail seating area has two funky barrel back chairs in a shy blue fabric with an upholstered cocktail ottoman to hick your feet up, watch sunset, and relax. The Master Bedroom Suite offers a weathered wood King size bed with matching nightstands and dresser, fresh Linens, comforter, large dresser, 55" Flat Screen TV, walk-in closet, and private bath with shower, and dual sinks. The first Guest Bedroom offers a casual weathered mahogany parsons style Queen sized bed with matching nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the second guest bedroom. The second Guest Bedroom offers a light woven seagrass Queen sized headboard with white coastal casual nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the first guest bedroom The two Sunset balconies are quite spacious and have a table and two matching chairs, with gorgeous views of the Beaches and Gulf of Mexico. Every creature comfort has been provided to make a tenant's stay more convenient and enjoyable. We are Proud to heep our home in Great shape - Just Like the neighboring Ritz Carlton Hotel! New (Keyless) Combination Door Lochs - So no more keys to carry or worry about!! New high-speed Wireless Internet New TV's in Living Room and Master Bedroom - 55" and 60" TV with Comcast Cable New Paint - Exterior & all Interior walls New Air Conditioning system New Kitchen silverware/gLasses/dishes/coffee pot/blender New High End Quality Pots/Pan New Bedroom bedcovers/pillows/sheets Remodeled with new Windows, Tile floors, Cabinets, Granite Counter Tops New Stainless Steel Kitchen Appliances with Full-sized Washer & Dryer RolLaway beds are available if needed. 'Beach Box Cafe on first floor of condos serving Breakfast, Lunch, and Dinner with live music, "Load your soft serve ice cream for kids" and full bar for adults 'Mercado shopping center less than one mile 'Exactly 41 steps to the beach 'Sunset views of the Gulf of Mexico from your balcony 'Full service marina within walking distance with fishing charters, bait and tackle and sunset dolphin and sightseeing tours. "One designated parking space Book Now! http://www.beachboxcondos.com/ 6/11/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 1 of 12 Overview Reviews Rates Calendar Location Manager Info Pho'-- g—� h � Login v Help : R6quB6r<^ a�..w.� 0 Booking confirmation within 24 hours Vanderbilt Beach, North Naples, FL, USA Get an Instant Quote Arrival Depart ❑I don't have dates yet Guests =1Save to my favg&i�VN < Browse properties Home Vanderbilt Beach, North Naples, FL, USA VRBO Listing #774875LW i e Mem since: 2015 Send email Spacious Beach View Condo that S -14 Comfortably! 41 Steps to the Beach! Response time Within 24 hours Response rate 1000/0 Sand Dollar Unit -O' Minimum stay: 3-7 nights Internet: Yes Pets considered: Ask Manager Wheel chair accessible: No Property description NEW ON THE MARKET!! This residence lives like a single family home up in the air just above the Gulf waters and beach. Absolutely stunning custom renovation with fabulous upgrades throughout! A Perfect Location for your Winter Stay. Freshly Updated, this fully furnished, turn -key condominium has been newly renovated throughout with all new hard wood floors, carpet, appliances, furniture, beds, bedding, bathrooms, lighting, windows & doors, artwork, inventory, and much more. Modern neutral Florida style decor throughout. Calendar last 06/07/2016 updated .i Show phone number Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 2 of 12 Nevew Neva! FrRST SEAS NOF RENTAL!! Th s s cions 40 0 s uare foot nit ha �vervi�w Reviews Rate C;ale�iadar Loca�ion I�anagerinfo 5 bedrooms and and will sleeD 12-14 cDmfortab-ly.. It a very Photos Avg, Nightly $571 -3 -bathrooms _people -has fresh and open feel, bright and cheerful, and the views of the Gulf of Mexico are ( Request to Book outstanding! There are Gulf and beach views from the living room, kitchen, family L - room, master bedroom, guest bedroom and two covered balconies. Fabulous Sunsets 0 Booking confirmation within 24 hours will captivate you. Located across the street to the beach and minutes to shopping, Get an Instant Quote dining and entertainment. Enjoy a casual walk to the Ritz or stroll miles of white sugar Calendar last 06/07/2016 sand beaches. This unit is 41 steps to the sand! Save to my favorites The entire unit has been freshly painted in White, Beige, Sand and pops of Coral colors , Show phone number throughout. The luxurious Kitchen has all neutral -toned cabinets with Granite Manager countertops, updated brand new stainless steel appliances, and is well stocked withMember since: 2015 new dishes, utensils, pots and pans. Just off the Kitchen is a brand new Washer and Send email Dryer. The Dining Room has a Square Counter Height Dining Table that seats 8 people. Response time Within 24 hours The Living Room accommodates two cream sofas with track arm and box seat and back cushions with Two matching chairs, Cocktail table, and TV Credenza. Response rate 1000/0 The Master Bedroom Suite offers a weathered wood King size bed with matching nightstands and dresser, fresh linens, comforter, large dresser, 55" Flat Screen TV, Calendar last 06/07/2016 walk-in closet, and private bath with shower, and dual sinks. updated The first Guest Bedroom offers a casual weathered mahogany parsons style Queen , Show phone number sized bed with matching nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the second guest bedroom. The second Guest Bedroom offers a Queen sized headboard with nightstands and dresser, fresh linens, comforters, spacious closet, and bathroom that shares with the first guest bedroom. The third Guest Bedroom offers Two light woven seagrass Full headboards with white coastal casual nightstands and dresser, fresh linens, comforters, spacious closet, and shares a bath with the fourth guest bedroom. The fourth Guest Bedroom offers two twin tufted upholstered headboards in greige linen fabric, fresh linens, comforters, spacious closet, and shares a bath with the third guest bedroom. The two Sunset balconies are quite spacious and have a table and two matching chairs, with gorgeous views of the Beaches and Gulf of Mexico. Every creature comfort has been provided to make a tenant's stay more convenient and enjoyable. Amenities include: *Discounted Beach Chairs, paddleboards, bikes, and umbrella rentals from Cabana Dan's Beach rental. *Beach Box Caf6 on first floor of condos serving Breakfast, Lunch, and Dinner with live music, "load your soft serve ice cream for kids" and full bar for adults *Mercado shopping center less than one mile *Exactly 41 steps to the beach * Sunset views of the Gulf of Mexico from your balcony *Full service marina within walking distance with fishing charters, bait and tackle and sunset dolphin and sightseeing tours. *Dedicated parking space We are Proud to keep our home in Great shape - Just like the neighboring Ritz Carlton Hotel! New (Keyless) Combination Door Locks - So no more keys to carry or worry about!! New 55" and 60" TV with Comcast Cable New high-speed wireless Internet New TV's in Living Room and Master Bedroom New Paint - Exterior & all Interior walls New Air Conditioning system New kitchen silverware/glasses/dishes/coffee pot/blender New High End Quality Pots/Pan New Bedroom bedcovers/pillows/sheets Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 3 of 12 Re odeled wits n Window>, Til fl ors, C3bi t Ganite Cunt r. Tops �verview new eRa�es �ai, ndrar oLocaetion Manager Info - Photos Avg. Nightly 571 New Stainless Steel Kitchen Appliances_ with Full-sized Washer & Dry_er Request to Book If this unit is not available for your timeframe, please view our 3 other units that may be perfect for your stay! Our VRBO listings are: (D Booking confirmation within 24 hours Get an Instant Quote Name VRBO # Price/week # Bedrooms # Baths Sleeps Starfish www.vrbo.com/774886 $3500/wk 3 bedrooms 2.5 baths 6 to 8 Save to my favorites Seahorse www.vrbo.com/774885 $3500/wk 3 bedrooms 2.5 baths 6 to 8 Sea Turtle www.vrbo.com/774883 $4000/wk 3 bedrooms 2.5 baths 6 to 8 Sand Dollar www.vrbo.com/774879 $5000/wk 5 bedrooms 3 baths 12 to 14 Manager Member since: 2015 We are finished with our renovations of these units! They have been completely Send email redone, with all new floors, paint, trim, appliances, furniture, bedding, etc. Everything was chosen by a professional interior designer and it will be beautiful and new, fresh and clean for your arrival! Response time Within 24 hours You can view more details and photos at our website: www.BeachBoxCondos.com Why VRBO OBuild your best vacation ever Escape the confines of a hotel From over 1 million rentals Enjoy the freedom of a vacation worldwide rental Book and stay withit.Personalized experiences confidence From online to on vacation Secure payments, peace of mind Property Type Condo On floor 2 4000 sq. ft. Accommodation Type Vacation Rental Meals Guests Provide Their Own Meals Suitability Events Allowed Minimum Age Limit For Non Smoking Only Long -Term Renters Renters: Wheelchair Inaccessible Welcome 21 years old + Children Welcome Response rate Calendar last updated 100% 06/07/2016 ,.i Show phone number Feedback https://www.vrbo.coi-n/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Bedrooms 5 3edrooms, SIeE ps 14, Beds fo 12-14 Overview Reviews Rates Calendar Location iMactar Rarirnnm.Suite: .1 kind Rollaway beds available upon request Guest Bedroom 1: 1 queen Rollaway beds available upon request. Guest Bedroom 2: 1 queen Rollaway beds available upon request. Guest Bedroom 3: 2 double Rollaway beds available upon request. Guest Bedroom 4: 2 twin/ single Rollaway beds available upon request. Page 4 of 12 Manager Info Photos Avg. Nightly $571 F- Request to Book (D Booking confirmation within 24 hours Get an Instant Quote Save to my favorites Manager Member since: 2015 Send email Bathrooms: 3 Bathrooms Master Bathroom: toilet, combination tub/shower Response time Within 24 hours Bathroom 2: toilet, combination tub/shower Bathroom 3: toilet, combination tub/shower Response rate 1000/0 Calendar last 06/07/2016 Entertainment updated Satellite / Cable Television: 55" Flat Screen TV in Master , Show phone number Bedroom 60" Flat Screen N in Theme Adventure Family Sports & Activities Away From It All Romantic Tourist Attractions Attractions .......... ....... ....... ._.._ Botanical Garden Library Recreation Center Churches Live Theater Restaurants Cinemas Marina Synagogues Festivals Museums Water Parks Health/Beauty Spa Playground Zoo Local Services & Businesses ATM/Bank Groceries Massage Therapist Babysitter Hospital Medical Services Fitness Center Laundromat Leisure Activities Antiquing Horseshoes Shelling Beachcombing Miniature Golf Shopping Bird Watching Outlet Shopping Sight Seeing Boating Paddle Boating Walking Eco Tourism Photography Wildlife Viewing Gambling Casinos Scenic Drives Location Type Ocean View: Across the street from the Vanderbilt Beach! You car). awe Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 5 of 12 Sports &Adventure Activities Overview Reviews I Rates Calendar Location Manager Info Photos Avg. Nightly 571 Baclrothall ('n, -t _ ara<aiiinn Cn,md/Rau Fichir, _ - Cycling Pier Fishing Surf Fishing Request to Book Deepsea Fishing Racquetball Surfing (D Booking confirmation within 24 hours Fishing Rafting Swimming Get an Instant Quote Golf Roller Blading Tennis Stove: Golf Privileges Optional Sailing Water Skiing Save to my favorites Hunting Scuba Diving Or Water Tubing Toaster: Jet Skiing Snorkeling Wind -Surfing Manager Snorkeling Member since: 2015 Kayaking Snorkeling/Diving Send email Dining Dining Dining Area Seating for 8 people General Air Conditioning Internet: Parking: Clothes Dryer: High speed wireless internet 1 designated parking spot. Brand new clothes dryer! Iron & Board Towels Provided: Hair Dryer Linens Provided: Brand new towels! Heating Brand new linens! Washing Machine: Living Room Brand new washing machine. Kitchen Coffee Maker: Kitchen: Pantry Items: Brand new coffee maker! Brand new stainless steel Brand new pantry items! appliances! Dishes &Utensils: Refrigerator: Brand new dishes and utensils! Microwave: Brand new stainless steel Brand new stainless steel refrigerator! Dishwasher: microwave! Brand new stainless steel Stove: dishwasher! Oven: Brand new stainless steel Brand new stainless steel oven! stove! Toaster: Brand new toaster! Outside Bicycles: Two bikes available for use, first come, first serve! Building Type Building Reviews Water Sports Gear: Two paddle boards available for use, first come, first serve! This property does not have any reviews yet. Be the first to write a review for this listing... Rates Rental basis: Per property Write a review Currency Conversion Rental rates quoted in: USD Response time Within 24 hours Response rate 1000/0 Calendar last 06/07/2016 updated .i Show phone number Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 6 of 12 D{j�6Qrview %�Rty� Week,-AOENighl: CONiOV "fitl�j9n r&;iWr Info Photos Avg. Nightly $571 Request to Book Summer Arrival Depart Check availability Tun 1 - Sep 30, l� Booking confirmation within 24 hours $2,500 July 2016 2016 August 2016 Get an Instant Quote 3 night min stay MO TU WE TH FR SA SU MO TU WE TH FR SA 1 2- -3-- 4- Save to my favorites Fall 1 2 3 4 5 6 -:r -9- -7- -9- -9- 10- 11 Oct 1 - Nov 30, -4P ^5- -6- -7- -9- -9- 7 8 9 10 11 12 2016 $3,500 10 Manager 3 night min stay 15 16 17 18 19 20 Member since: 2015 17-- 18- 19- 20- 21 22 23 21 Send email High Season 26 27 28 29 30 24 25- 26- 27- 28- 29- 30- Dec 1 - Apr 8, 29 30 31 31 $5,000 2017 September 2016 Response time Within 24 hours 7 night min stay November 2016 Feedback Response rate 1000/0 My Standard Rate $5,000 7 night min stay Calendar last 06/07/2016 updated i Show phone number Additional information about rental rates Fees: Refundable Damage Deposit $500 Cleaning Fee $250 Tax Rate 10% Manager's cancellation policy: Policy available by contacting manager when booking. Don't forget your vacation protection! Get protected now Adding our Vacation Protection services can make sure your getaway goes smoothly, no matter what. We offer Cancellation Protection and Damage Protection so you can truly relax. Protect your payments in case Travel with peace of mind. you need to cancel. Ensure you're prepared in case of accidental damage. Calendar Last updated: 06/07/2016 Previous Next Arrival Depart Check availability June 2016 July 2016 August 2016 SU MO TU WE TH FR SA SU MO TU WE TH FR SA SU MO TU WE TH FR SA 1 2- -3-- 4- 1 2 1 2 3 4 5 6 -:r -9- -7- -9- -9- 10- 11 3^ -4P ^5- -6- -7- -9- -9- 7 8 9 10 11 12 13 12- i3- -1i4- 15 16 17 18 10 11- 1--2- 13- 14- -15 46- 14 15 16 17 18 19 20 19 20- 21- 22- 23- 24- 25- 17-- 18- 19- 20- 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25- 26- 27- 28- 29- 30- 28 29 30 31 31 September 2016 October 2016 November 2016 Feedback https://w-ww.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 7 of 12 SUTU O VerV12W WE THRFR SA 2VI2Ws SU O TU WE T R A "fates �aPndsar sU MO 7U WE Location T FR S FkanagJInfo Photos Avg. Nightly $571 Request to Book 4 5 6 7 8 9 10 2 3 4 5 6 7 8 .6- 7 8 9 10 11 12 it 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 (D Booking confirmation within 24 hours Get an Instant Quote 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25- 36 - 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 Save to my favorites 30 31 23 Available 2-1Unavailable 22 Today 23 Selected dates Location Go gle chann�el0tCr 102nd Ave N Twp 101st Ave N Y 100th Ave N z Tradewind% Ave 99th Ave N L.a900n Ave 98th Ave N 97th Ave N 96th Ave N 95th Ave N Oak Ave - 94th Ave N 93rd Ave N G y 'Q o. 92nd Ave N z a' 91 st AveN v -h Rd �— z far cokyr = I t R pehc— Bay Park hlamtanance �i ioyC ie' Map data 02Qj,§,RqR9)pp ggpt USA Florida Florida South West Naples Vanderbilt Beach Nearest 27 Miles Vanderbilt Beach, North Nearest Golf 8 Miles Airport Naples, FL, USA Naples Beach Golf Club - Southwest Florida Nearest Barpub Public Course International Airport Beach Box Cafe (RSW) Vanderbilt Beach, North Vanderbilt Beach, North Naples, FL, USA Naples, FL, USA Nearest Restaurant Nearest Beach Beach Box Cafe Vanderbilt Beach Manager info About: Thank you for looking into a stay with us at the Beach Box Condos! My name is Gary, and my friend and business r partner Ralph and I hope to meet as many of our guests as we can Manager Member since: 2015 Send email Response time Within 24 hours Response rate 100% Calendar last 06/07/2016 updated ,i Show phone number Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO when theyrco to town. O tory is pretty sim le he aV I Overview Reviews 1atesaTsenddar Locatpon Mana rInfo :ame together a few years-aco because we had a_ _eally cool idea to out a laid back Jimmy -Buffet style healthy restaurant right on the most popular beach in Naples.... with live music, drinks and great healthy food. So, we started building the Beach Box Cafe.....a friendly, clean place to eat, drink, enjoy some laid-back live music and the beach. That little vision grew and grew until we took over the the building that we put the restaurant in and decided that it was time to take it from it's 1982 roots into a beautiful 4 unit coastal -style Beach front bed and breakfast. We renovated the 4 units and left not a single stone unturned.... we replaced floors, appliances, kitchens, windows, doors, every shred of furniture... the works! This is like home to us. It's not just a property or a local restaurant, it's our "place", our place where we are raising our families. If you come downstairs for a coffee, you are likely to meet one of my three kids that work at the restaurant (Madison, 17, Cole 14 or Dylan 11) or even my best friend, "Jack" the black lab. (He's our official mascot). You could bump into one of Ralph's sons too (Andrew or Eric or his wife, Phyllis) and even see Ralph and I greeting guests, looking over the details or listening to our favorite musician. So please come stay with us ... say hi, relax and I think you too will fall in love with the Beach Box family.... see you soon! Gary Brecka & Ralph Cioffi Contact us Speaks: English, French Click Here to see All My Rental Listings Photos _J 'A.3s.� attucom - - Page 8 of 12 Photos Avg. Nightly $571 Request to Book Booking confirmation within 24 hours Get an Instant Quote Save to my favorites Manager Member since: 2015 Send email Response time Within 24 hours Response rate 100% Calendar last 06/07/2016 updated .i Show phone number Feedback https://www.vrbo.coi-n/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Overview ljhjkfigu.st Bedroom #1 with a K iN- � W i" Guest =edresm Guest 6F��hroom rGuertedro Gue L t Page 9 of 12 Photos Av�. Nightly $571 Request to Book Q Booking confirmation within 24 hours Get an Instant Quote Save to my favorites Manager Member since: 2015 Send email Response time Within 24 hours Response rate 1000/0 Calendar last 06/07/2016 updated J Show phone number Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO VRBO #774879 This listing was first published here in 2015. Date last modified - Thursday, June 09, 2016 Partner Offers ifb Page 10 of 12 Photos Avg. Nightly $571 - Request to Book Booking confirmation within 24 hours Get an Instant Quote Save to my favorites Manager Member since: 2015 Send email Response time Within 24 hours Response rate Calendar last updated 100% 06/07/2016 .i Show phone number Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Overview Reviews Rates Calendar Location -c,....- Mals c_...,,r �j..,.._.., -o c...._ Pick up location Drop off location P i$I00O2ID2fe 10 V 30 V Driver's age ? Page 11 of 12 Manager Info Photos Avg. Nightly $571 Request to Book (D Booking confirmation within 24 hours Q Get an Instant Quote Save to my favorites Q Manager D1Efil6f2D1--de Member since: 2015 Send email 10 v 30 v Response time Within 24 hours Search Response rate 1000/0 Calendar last 06/07/2016 updated .i Show phone number Sponsored Links 111trivago.com 72 Naples Hotels from $32 - trivago.com Hotels for Your Trip to Naples. Over 250 Booking Sites Compared! 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View Listings on a Map Naples Homes Listings Get a Home Valuation Naples Market Info View more of the HomeAway Family Feedback https://www.vrbo.com/774879 6/10/2016 Spacious Beach View Condo That Sleeps 12-14... - VRBO Page 12 of 12 List your property I Testimonials I Advantages I Rental Guarantee I Links I Luxury from HomeAway ( Careers I Product News Insider Guides provided by c Copynght 5995 -Present Honaek ay.ccin, Inc. All rights reser-ped. Use of this vrc sitc ceps-'.itutes acceptance of the I crr s and Conditions and Pl ac/ Policy. ,VR 60"and "\+acatior, Rent,,.ls by 0,na," are registe,cd'rad--ks of H—ef—aq.com, inc. and cannot be used rriihout permiss:o^,. https://www.vrbo.com/774879 6/10/2016 Page 1 of 1 https://imagesus-ssl.homeaway.com/mda01/7flb801d-eceO-4067-af44-4d6l4dcbs5fO.1.10 6/10/2016 I TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING Pelican Marsh CDD — Minutes March 16, 2016 Page 8 agreement, but indicated again that he was not in favor of recording any notice. Chairman Garofalo then suggested that recording a document should be taken off the table. Mr. Pires added that if the District wished to, they could require a deposit be made for the estimated cost of removal of the fountain as part of the license agreement. Chairman Garofalo indicated that he was not concerned about the cost, but if the fountain fell into disrepair, then the District should have the right to remove and dispose of it. Mr. Pires agreed that this could be put into the license agreement, and he will bring the agreement to the next meeting for the Board's approval. Mr. Smith wondered what fountain was going to be installed, and Mr. Lee again asked if the Augusta HOA had any voice in this at all, or could they override the Sullivans' decision to install a fountain, and was advised that they could not. The Chairman indicated that he and Mr. Vanover will talk to the president of the Augusta HOA and the golf club as a courtesy, and then move forward with the agreement that Mr. Pires will prepare. C. Auxiliary Parking Mr. Dorrill received an email from the County regarding the need for offsite beach parking during the peak season as their parking garage on Vanderbilt is not sufficient. They are interested in exploring the utilization of the offsite parking established by the CDD during the two recent golf tournaments which is underneath the FP&L transmission facilities at the intersection of Livingston and Vanderbilt Beach Drive. They County would be responsible to operate a shuttle to transport beach patrons from the offsite parking to the drop off point at the end of Vanderbilt Beach Road. The site itself, that is owned by the District, has some limitations and is encumbered by the FP&L easement. The area is being bush hogged, and the people who put on the golf tournament spent a substantial amount of money on fill and lime rock to stabilize the area. Mr. Dorrill indicated that he is not opposed to having a meeting with the County, or EXHIBIT Pelican Marsh CDD- Minutes March 16, 2016 Page 9 accommodating the beach -going public, but he does have a number of questions. This project is intended for next year, so there is quite a bit of time to work on it, but he told the department head that he would bring it before the Board. Chairman Garofalo indicated that he is not against it either, and felt that they should use the template that was used for the golf tournaments regarding the function and maintenance of the property and have the County pay for Mr. Pires' legal fees to draw up the document. Mrs. Susan *** indicated that when the parking garage is full at Vanderbilt, it is almost impossible to get to the water on the small Vanderbilt beach, as it is so crowded. She added that Vanderbilt Beach is Tiburon's beach, and they have a bus that shuttles them down to it. There will be no overlap with the golf events and the beach parking. As the Board agreed with the concept, Mr. Dorrill noted that they will develop a proposal and get back to the Board with it. ATTORNEY'S REPORT A. New Legislation The Florida Legislature recently passed some legislation that affects the Board as they are management issues. The first requires additional language to be placed in contracts beginning in July of this year regarding public records retention. The second bill also affects the District, as beginning October 1s' of this year, at least seven days before each Board meeting or workshop, the agenda of the meeting or workshop, along with any meeting materials, must be available in electronic format to be posted on the website. This includes any booklet materials that are available. This will necessarily change the date of the executive meeting to accommodate the requirements of this new legislation. Any budget amendments need to be posted on the website as well. Pelican Marsh CDD- Minutes April 20, 2016 Page 9 Increase was for a new computer system for the property appraiser's office, and is probably not ongoing. The Chairman then asked about the capital outlay for $9,500, and was advised that it was for the gate operators from Gulf Systems, and Vertex was doe the water fountain. On a MOTION by Robert Smith and a second by Gordon Walker, the financials were then unanimously accepted by the Board. MANAGER'S REPORT A. Open Seats for 2016 Election A copy of the notice for the election for the two available seats was provided to the Board. They are Seat 1, currently held by Mrs. Dupler, and Seat 5, held by Mr. Smith. On a MOTION by Gordon Walker and a second by Don Pomerantz, staff was authorized to place a notice in the papers as required by the Florida Statutes. Mr. Smith noted that for the record he planned on running again, and Mrs. Dupler indicated that she was as well. B. Livingston Parking Mr. Dorrill will be meeting with Barry Williams and Michelle Arnold on May 7 to discuss the County's desire to do some off site beach parking to accommodate peak season demand at the Vanderbilt Beach. The area they wish to use is the same one the LPGA Championship and Shark Shootout have used, and is owned by the District. Mr. Dorrill felt that there were many obstacles to using that area for this purpose, not the least of which would be a County shuttle trying to make a U-turn at the intersection of Livingston and Vanderbilt Beach Road to get to the parking area. Mr. Dorrill will take no action on this until he reports back to the Board at the May Meeting. If this does move forward, security, indemnity and insurance would have to be provided and any signage would need the approval of the Board as well as the approval of the Architectural Review Board of the Pelican Marsh •0IL ilimi i .. • . r7s�7 H T H BAY South Bay Realty 906o Gulf Shore Drive Naples, Fl 341o8 March 10, 2016 Collier County Board Of County Commissioners 3299 Tamiami Trail E Naples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: South Bay Realty operates its busy realty sales and rental business adjacent (to the north) to the Beach Box Cafe located at 902o Gulf Shore Drive, Naples, FL 341o8. For the convenience of our valued customers, we provide 6 parking spaces in the front (along Gulf Shore Drive) of our building and 7 spaces in the back along both side of the access road—all of which are private spaces with associated signage. Because our brokerage is located directly across the street from public access to Vanderbilt Beach, we consistently have to police beach -goers attempting to use these customer -reserved parking spaces. Although we deal with this situation daily, the problem has grown much worse since the Beach Box Cafe opened its doors a few years ago - worse in terms of untold losses in revenue because our customers have nowhere to park in order to conduct their business with South Bay. This is obviously exacerbated during season when every space is needed, seven days a week. Since the opening of the Beach Box Cafe, all of our parking spaces are repeatedly being compromised by Beach Box employees and their customers due to the attractive nature of their food and beverage business. Even though their web -advertising publicizes use of the City of Naples Municipal Parking Garage to their patrons "Conveniently located loo steps from the City of Naples Municipal Parking Garage at the corner of Vanderbilt Beach Road and Gulf Shore Drive", their patrons are either overflowing to use of our spaces due to public parking being at capacity or they're simply ignoring public parking for sake of convenience. The later seems to be true on most days. Even after the completion of the Municipal Parking Garage and prior to the opening of the Beach Box, there was substantial shortage in parking facilities in and around the Vanderbilt Beach area. Daily operation of the Beach Box has exponentially added to this shortage. With Beach Box parking being historically inadequate, any county approval of a huge reduction to their parking requirements represents a total disregard for the existing deplorable parking conditions in this popular high -traffic area of Naples. It makes a very bad situation even worst. Without exception—every business operating within Collier County should have to provide the required number of parking spaces as outlined in the Land Development Code. A requirement that we as well as other businesses must and do adhere to. Sincerely, Lesley Garlock Owner, South Bay Realty CC. Law Office ofAntonio Faga EXHIBIT EXHIBIT J WMA 10V I • APPEAL OF THE APR-REISSUANCE CONCERNING Collier County, FL Code of Ordinances Page 1 of 2 DIVISION 4. - PUBLIC PARKS AND BEACH ACCESS PARKING Sec. 130-76. -Title. This division shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance". (Ord. No. 2010-29, § 1) Sec. 130-77. - Purpose and intent. The purpose of this division is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. (Ord. No. 2010-29, § 2) Sec. 130-78. -Applicability. This division shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. (Ord. No. 2010-29, § 3) Sec. 130-79. - Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. (Ord. No. 2010-29, § 4) Sec. 130-80. - Designation of public parks and beach access parking by resolution. (a) The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this division in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this division. (b) Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. (c) Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. (d) The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. (Ord. No. 2010-29, § 5) Sec. 130-81. - Penalty for violations. EXHIBIT S about:blank 6/15/2016 Collier County, FL Code of Ordinances Page 2 of 2 Pursuant to F.S. § 318.14, any person cited for a violation of the ordinance from which this division derives shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County Code of Laws and Ordinances. (Ord. No. 2010-29, § 6) Secs. 130-82-130-90. - Reserved. about:blank 6/15/2016 K • O M . AS PART OF THE ... �f R E S 0 L U T I O Nt T -22- 1 May 31, 1977 RELATING TO PETITIOtd 140. P.U. 77-7-C FOff-FRMSC7f NAf, USE. Ob' PPOPERTYME RC..tItAFTER DF,SCRISFp bk 37 IN COt,UER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florila_ in Chapter 125 and 163, Florida Statutes, has coirel red on all , counties in Florida the power to establish, coordinate and en- force zoning and such business regulations as are necessary for the protection of the public; and wEtZn2A91 ttta COU"Y purduant 010Vata tirxn ndaptad A Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provisional uses; and WIiEREAS, the Coastal Area Planning Commission, being the duly appointed and constituted planning board for the area. he*�,eby affected, has held a public hearing after notice as in said regulations made and provided, and has considercel the ad- visability of Provisional Use �LS�.. in a zone for the property hereinafter described, and has found as a natter of fact that satisfactory provision and arrangement has been. made concerning all applicable ratters requiree by said repula- tions and in accordance with Section 111-1D of the Zoning R_gu- lations for the Coastal Area Planning District; and MLEREMSi all intercatcd partic3 'hava been given op- portunity to be hoard by this Board in public Meeting assembled and the Board havinS considered all. matters' presented. NOW, THEREF Oil^ , BE ST RESou rD by the Board of Caunty Cor+M!Issianers of Collier County, Floridn, .that the pr,t-ition of David J. Lawless 194 4th Avenue Southam NaE1es��Florida. __ With resi;ect to the property hoveinafter des.ribed as: Lots 7,8,9 & 10,13lock D, Vanderbilt Beach Commercial CenLor EXHIBIT ioV2. May 31, 1977 be and the same hereby 15 approved for Provisional Use -Lu— of the CRC r zoning district whorein said property is located,' subject to the following conditions: 1. A site drainage p1nn be submitted to and approved by the County Engineer prior to the issuance of any building permits. 2. The applicant to donate 17,5 feat of right-of-way for Vanderbilt Beach itoad and Gulf Choro Uriva upon dotnnnd by the+ appropriato governmental agency if and when needed for the purpose of upgrading these two roads. BE IT FURTHER RESOLVED that this resolution be recorded In the minutes of this Board. Commissioner I',;offered the foregoing resolu- tion and moved its adoption, seconded by Co=issioner Frown and upon roll call, the vote was: AYES: Comm issioners'Wimer, Lrovm, Pistor And Archer •r MAYS: None ABS -ENT AND NOT VOTING: Counissioner Wenzel* ABSTENTION: None ' Done this 31st day of May 1977 BOARD 'OF COUNTY CdMINUSSIONERS COLLIER. COMM, FLORIDA 135,..' •,ir.�t ,t_. ATTEST, i w -23- bk 37 I -24- bk 37 ' May 31, 1977 ACItL1..!'if.tdT r� David J. Lawless , FIs ownur or :TulAiariz.od agenL• for roLi.tion PU-77-7-C ac1ree to the f.oll.o:rine� sL.ipul.atJons rcque L•cd by the Coarjtrtl Area Planning Commission in tli(:ir pu1)l..iC hoarine on Clay 19, 3977: I. To submit a site drainage plan to the County Engineer for approval prior to the issuance of any building permits. 2. To donate 17.5 fact of ROW for Vanderbilt Reach Road and Gulfahoro Drive to the appropriate governmontal Agency a;hon needed for the purpose of widening or improving these two roads.. C1,11, IONER •oft AGENT �' I2L1 1� PO , NTAT VJ: 1� OR CAVC 11010.1 TO AND SUDSCi IDE'D bl:l'Olti" 14L T117S �'�'� � ty of -ALAI A Per � NOTARYfU:f 7t "'A1! r• ri �',+>'rt4 AT IA+AE 1•f 1 ''f M,f C�tA.vISSn,+IX'iF'c .t.yR b. 10'1 WI ND TKRU GtN"'�Al INSURANCE Utl""Vea"L 9 D,3t C,011tiI:..,70A1 T.X111RE"': A TO THE SUBMITTAL AS PART OF THE Complaint Status - CityView Portal Complaint Status Date: 4/23/2015 Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. — � Complaint Information Case Number: CELU20150008262 Status: Open Complaint Type: Land Use Description: Picnic tables observed at this location where property is not zoned for such Locality of Complaint: 9020 Gulf Shore Drive (Beach Box Cafe) Property Owner's Full Name: VAGUNA CORPORATION Locations: 79122440003 3/24/2016 9020 Gulf Shore DR — Inspections Inspection O Re -Inspection Non -Compliant Re Inspection Non -Compliant Re -Inspection Non -Compliant Re -Inspection Non -Compliant Re -Inspection Non -Compliant Re -Inspection Non -Compliant Dam 6/2/2016 06/02/2016 5/11/2016 05/11/2016 4/25/2016 04/25/2016 4/21/2016 04/21/2016 4/4/2016 04/04/2016 3/24/2016 03/24/2016 Re -Inspection Non -Compliant 2/23/2016 1/22/2016 02/23/2016 Re -Inspection Non -Compliant 01/20/2016 Re -Inspection Non -Compliant 12/22/2015 12/22/2015 Re -Inspection Non -Compliant 11/23/2015 11/23/2015 Re -Inspection Non -Compliant 10/23/2015 10/23/2015 Re -Inspection Non -Compliant 9/25/2015 at 12:00 AM 09/25/2015 Re -Inspection Re -Inspection Re -Inspection Non -Compliant 8/26/2015 at 12:00 AM 08/26/2015 Non -Compliant 8/7/2015 at 12:00 AM 08/07/2015 07/22/2015 Non -Compliant 7/22/2015 at 12:00 AM Re -Inspection Re -Inspection Non -Compliant 6/30/2015 at 12:00 AM 07/01/2015 Non -Compliant 6/9/2015 at 12:00 AM 06/09/2015 FRe -Inspection 7F�� ^_ Non -Compliant 5/25/2015 at 12:00 AM 05/26/2015 - Initial Inspection Violation(s) Found 4/27/2015 4/23/2015 at 12:00 AM 04/23/2015 Page 1 of 2 EXHIBIT 4 http://cvportal.colliergov.net/CityViewWeb/CodeEnforcement/Status?caseld=466498 6/14/2016 Complaint Status - CityView Portal Corrections Correction 1: Prohibited Use Status: Outstanding Date Status Changed: 04/23/2015 Comments: Must cease all use at any and all property other than property zoned for use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND / OR Remove wooden picnic tables from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 Re -Inspection Pending j 16/20/2016 Page 2 of 2 http://cvportal.colliergov.net/CityViewWeb/CodeEnforcement/Status?caseld=466498 6/14/2016 IN TO THE SUBMITTAL AS PART OF T H E APPEAL OF THE APR-REISSUANCE CONCERNING Anthony Pires From: BosiMichael <MichaelBosi@colliergov.net> Sent: Friday, June 10, 2016 10:15 AM To: Anthony Pires; Jeff Wright; Brian O. Cross, Esq.; Joan Welsher; Gary Brecka; AshtonHeidi Subject: RE: Beach Box Cafe APr Re-evaluation Tony, that is correct. The date the APR was issued was 5-18-16. mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Friday, June 10, 2016 10:08 AM To: BosiMichael; Jeff Wright; Brian 0. Cross, Esq.; Joan Welsher; Gary Brecka; AshtonHeidi Subject: RE: Beach Box Cafe APr Re-evaluation Importance: High Michael, as I prepare to file an appeal, please confirm that the date of the issuance of the attached to Fred Hood was May 18, 2016 and not the May 18, 2015 date on the document. Thank you. Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent: Wednesday, May 18, 2016 6:01 PM To: Anthony Pires <APires@wpl-legal.com>; Jeff Wright <iwright@gadclaw.com>; Brian O. Cross, Esq. <bcross@gadclaw.com>; Joan Welsher <iwelsher@gadclaw.com>; Gary Brecka <gary.brecka@beachboxcafe.com>; AshtonHeidi <HeidiAshton@colliergov.net> Subject: Beach Box Cafe APr Re-evaluation Please find attached the BCC directed staff re-evaluation for the Beach Box Cafe Administrative Parking Reduction. Below is the appropriate code section regarding appeals of an administrative decision. Sincerely, Mike Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. 1 YHIBIT An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Mike Bosi, AICP, Planning and Zoning Director 239-252-6819 - Office 239-784-7461- Cell 239-252-2806 - Fax 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. Anthony Pires From: BosiMichael <MichaelBosi@colliergov.net> Sent: Wednesday, May 18, 2016 6:01 PM To: Anthony Pires; Jeff Wright; Brian O. Cross, Esq.; Joan Welsher; Gary Brecka; AshtonHeidi Subject: Beach Box Cafe APr Re-evaluation Attachments: BB-APR-EHXIBITS-5-15-16_201605181623.pdf; BEACH -BOX -APR -5-18-16_ 201605181621.pdf Please find attached the BCC directed staff re-evaluation for the Beach Box Cafe Administrative Parking Reduction. Below is the appropriate code section regarding appeals of an administrative decision. Sincerely, Mike Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Mike Bosi, AICP, Planning and Zoning Director 239-252-68-19 - Office 239-784-746-1 - Cell 239-252-2806 - Fax EXHIBIT Under Florida Levi, 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. Co -ter COUHty Growth Management Department Zoning Division May 18, 2015 Fred Hood, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: BCC directed Re-evaluation and Re -issuance of Administrative Parking Reduction APR- PL20150001922; Beach Box Cafd, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Hood: At the April 12, 206 Board of County Commissioners Public Hearing, in reaction to a public petition by a Mr. Anthony Pires, the Board directed staff to re-evaluate the issuance of the APR for the Beach Box Cafe, originally issued on September 22, 2015, based upon additional information. Below in italic is the original request, findings and conclusion. In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The cafe would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafe. 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliergov.net Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F 4. Additionally the APR provided the following conditions upon which the Board has based their requested re-evaluation (below in italics) Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Gu f Shore Drive under the following conditions. A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. The re-evaluation is focused upon providing an additional analysis of whether the premise of "park once" with multiple destinations still holds valid. In other words, the patrons go to the Beach Box Cafe because of the convenience while visiting the beach as opposed to a destination business where patrons go to the restraint as the primary destination. As noted in the original finding, this concept is codified within the City of Fort Myers Beach code, which provides up to a one hundred percent reduction in required parking for establishments in proximity to public and on -street parking. Availability of Public and On -Street Parking Exhibit "A" provides an aerial of the Beach Box cafe and the availability of public and on -street parking within the local area. There are 392 parking spots within 700 feet of the subject location. Current Land Use arrangement verse Proposed Land Use arrangement A key factor in the granting of the administrative parking reduction is related to the proposed land uses, verses existing land uses. Existing uses and parking required: Cafe' 7 seats 4 spaces required Retail Space 1,770Sq.Ft 8 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units 8 spaces required 23 spaces required Proposed uses and parking required Cafe' 68 seats 34 spaces required Retail Space 500Sq.Ft 2 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units 8 spaces required 47 spaces required The exchange of 1,270 square feet of retail space for 61 additional seats for Cafe use, per code, creates a substantial increase in the required number of parking spaces (23 spaces v. 47 spaces), but it is staff's perspective that the increase in the c66 use and the reduction of the retail use only supports the "park once" concept that the APR was issued upon. Staff views the Caf6 use as more of a complementary use to the public beach access than the retail space. To further support this perspective Exhibit "B", provided by the collier County Parks and Recreation Department, indicates that 346,929 people utilized the Vanderbilt Beach access, which is within 300 feet of the Beach Box C66. With no public concession stand located at the beach access, the Cafe serves the beach goers with needed concessions and therefore is complementary to the beach use. Collier County Land Development Code (LDC) 4.05.04.F.2 "The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. " The above section of the LDC is the basis for the administrative parking reduction application and with the submittal of the City of Fort Myers Beach codified parking reduction, in combination of the 392 public parking spots within the localized area; and finally the 346,929 individuals that walk within 300 feet of the caf6, staff determines that the basis for the original granting of the parking reduction is valid and affirmed. In Attachment "C", Mr. Pires has provided letters from five nearby property owners/tenants, four of which indicate that the Beach Box has exasperated an already constrained parking situation. The fifth letter does not assign blame to the Beach Box for creating parking problems, but acknowledges, "that parking is at a premium in the area and that during the high season there is a great demand for public parking which currently exceeds supply." In Attachment "D", the owners of the Beach Box Caf6 have submitted an e-mail with attachments to support the parking reduction. The support documents to the e-mail are a self conducted survey of 24 customers of the Cafe that shows only 2 of the 24 drove to the location to visit the Cafd; four letters requesting the County to, "leave the decision alone"; and statement from the ownership group indicating that they have met, "on more than S occasions with the Board of the Vanderbilt Beach residents Association (and are willing to meet again on the issue) and the issue was never brought up "; and the Naples Daily News article centered on the CaWs parking issue and the public comments linked to the article." In Attachment "E" are e-mails the county has received since the BCC Public Hearing on April 12, 2016, which support the affirmation of the parking reduction. These last three attachments were not factors utilized by staff to perform the re-evaluation of the parking reduction, but are related to the issue and provide a wider perspective to the narrative of the issue. As noted, Staff based upon the criteria identified within the LDC for the basis of granting a parking reduction, and the documented facts to support that reduction, affirms the basis of the parking reduction. Attachment "F" provides the code complaints on file for the Beach Box over the past two years. From review of the nature of the code complaints: noise, trash, signage and lighting, are the issues identified with the facility. There have been no documented code cases related to lack of parking on file. As noted in the original approval letter, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square-footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager Exhibit "A" r� Exhibit "B" BosiMichael From: MartinezAudrey Sent: Monday, April 25, 2016 9:56 AM To: BosiMichael Cc: Washburnllonka Subject: RE: updated numbers Beach Users FY15 From: WashburnIlonka Sent: Monday, April 25, 2016 9:24 AM To: MartinezAudrey Cc: BosiMichael Subject: FW: updated numbers Audrey please forward to Mike O .7&tda 4 ?WajAkw,✓1 ,q, 4i?Wc -ffaaafa 0/ep"4kaaa Jlar/fo aad .`�'ww4(%r& gaz 239-252-6519 Yd 239 252-4039 Stay connected with Collier County Parks and Recreation 01 Q2 Q3 Q4 YE BAREFOOT ACCESS 16,829 26,150 23,446 12,917 79,342 BAREFOOT PRESERVE 60,538 126,914 92,678 46,987 327,117 CLAM PASS 34,442 63,677 43,778 25,253 167,150 CONNER PARK 3,280 7,793 8,564 2,849 22.486 FREEDOM PARK 2,415 3,653 2,080 1.210 9,358 SO MARCO 15,270 22,584 21,842 15,780 75.476 N GULF SHORE 5,557 6,168 8,774 6.967 1 27.566 SUCDEN 5,796 8,764 5,568 4.256 24.384 TIGERTAIL 25,936 58,837 39,751 24,300 148,824 VANDERBILT 71,191 109,226 99,503 67,009 346,929 WalkerstBike Visitors 10,482 25,459 12,045 4.693 1 52,679 TOTAL BEACH USERS 251.836 459,225 358.029 212,221 1 1,281.311 From: WashburnIlonka Sent: Monday, April 25, 2016 9:24 AM To: MartinezAudrey Cc: BosiMichael Subject: FW: updated numbers Audrey please forward to Mike O .7&tda 4 ?WajAkw,✓1 ,q, 4i?Wc -ffaaafa 0/ep"4kaaa Jlar/fo aad .`�'ww4(%r& gaz 239-252-6519 Yd 239 252-4039 Stay connected with Collier County Parks and Recreation Exhibit „C„ March 29; 2016 Board of Collier County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Re: Beach Box Restaurant and Parking Dear Commissioners: The Vanderbilt Beach Residents Association has asked us to comment regarding the Beach Box Restaurant and the parking situation in the Vanderbilt Beach area. The operation of the Beach Box has not specifically caused us to experience any problems. We acknowledge, however, that parking is at a premium in the area and that during the higKseason there is a great demand for public parking which currently exceeds supply. Vanderbilt Beach remains one of the easiest beaches in the County to travel to by car and, perhaps for that reason, it appears to be one of the busiest beaches. We ask the Board to keep. this in mind when any new development or redevelopment is proposed for the area and to make allowances to improve the availability of public parking if it is at all possible and to avoid reducing the amount of parking available. Please do not hesitate to contact me if you have any questions. Sincerely, Michael D. "Mick" Moore 9225 CIUJ-FS110RI?:.DR:IVIs N, NAPIA'S, FLORIDA • 34108 NIONF! (239) 24.3-4970 FAX! (239) 541-3199 1rhe Beach Store Naples Of 155 Vanderbilt .i.b >Ba _ d March 10, 2016 Collier County Board Of County Commissioners 3299 Tamiami Trail E. Maples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: Our store currently operates ifs' business through the use of seven parking spaces (4 customer parking spaces, 1 handicap space, and 2 employee parking spaces). Since the opening of the Beach Box Cafe, my parking spaces have been used repeatedly by the Beach Box employees and its' customers. The Beach Box has inadequate parking to operate its' business. Even after the completion of the County parking garage, and prior to the opening of the Beach Box, there was a substantial shortage of parking for Vanderbilt Beach. The operation of the Beach Box has added even more to the parking shortage. The approval of a large reduction to parking requirements for the Beach Box was a total disregard to the existing parking conditions in the area. It has made a bad situation even worst. Any business that operates in any area in Collier County should have to provide the required parking spaces as based in the Land Development Code. NO EXCEPTIONS. Sincerely, David J. Jeskie Owner The Beach Store Of Naples 1GAN" Owned e 1978 o, Phil Brumbach Beachmoor Condominium #701 9051 Gulfshore Dr. Naples, FL 34108 Friday, March 11, 2016 Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 RE: Beach Box Cafe - Inadequate Parking Approvals by Collier County Officials Dear Commissioners Fiala, Henning, Hiller, Nance and Taylor, Our Condominium Association has three (3) parking spaces on the Gulfshore Dr. side of our property, reserved for use by Beachmoor guests and handicap parking. Since the Beach Box Cafe vastly increased it's traffic footprint in our neighborhood, we frequently have their overflow of vehicles using our reserved spaces for Beach Box patrons. In addition, many of these parking violation patrons are not amenable to moving their automobiles and trucks from our property. Some are downright belligerent and ask "where are we supposed to park?" Frankly, this is a Beach Box problem that has now become ours. Recently, Collier County Staff approved a reduction in Beach Box parking requirements without notice to us as an affected neighboring property. It seems obvious that the Beach Box Cafe does not have adequate set aside parking, includes only one (1) handicap space, and is in violation of existing Collier County Codes. The recent approval by Collier County Staff for reductions in required parking were inappropriate and should to be reversed. Beach Box Cafe should provide the required parking spaces in compliance with current Collier County Codes. A response to my concerns would be appreciated. Very truly yours, Philip C. Brumbach Director Beachmoor Condominium Association South Bay Realty Bobo Gulf Shore Drive Naples, Fl 341o8 March 10, 2016 Collier County Board Of County Commissioners 39- gg. Tamiami Trail E Naples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: South Bay Realty operates its busy realty sales and rental business adjacent (to the north) to the Beach Box Cafe located at got o Gulf Shore Drive, Naples, FL 341o8.. For the convenience of our valued customers, we provide 6 parking spaces in the front (along Gulf Shore Drive) of our building and 7 spaces in the back along both side of the access road—all of which are private spaces with associated signage. Because our brokerage is located directly across the street from public access to Vanderbilt Beach, we consistently have to police beach -goers attempting to use these customer -reserved parking spaces. Although we deal with this situation daily, the problem has grown much worse since the Beach Box Cafe opened its doors a few years ago - worse in terms of untold losses in revenue because our customers have nowhere to park in order to conduct their business with South Bay. This is obviously exacerbated during season when every space is needed, seven days a week. Since the opening of the Beach Box Cafe, all of our parking spaces are repeatedly being compromised.by Beach Box employees and their customers due to the attractive nature of their food and beverage business. Even though their web -advertising publicizes use of the City of Naples Municipal Parking Garage to their patrons "Conveniently located loo steps from the City of Naples Municipal Parking Garage at the corner of Vanderbilt Beach Road and Gulf Shore .Drive", their patrons are either overflowing to use of our spaces due to public parking being at capacity or they're simply ignoring public parking for sake of convenience. The later seems to be true on most days. Even after the completion of the Municipal Parking Garage and prior to the opening of the Beach Box, there was substantial shortage in parking facilities in and around the Vanderbilt Beach area. Daily operation of the Beach Box has exponentially added to this shortage. With Beach Box parking being historically inadequate, any county approval of a huge reduction to their parking requirements represents a total disregard for the existing deplorable parking conditions in this popular high -traffic area of Naples. It makes a very bad situation even worst. Without exception—every business operating within Collier County should have to provide the required number of parking spaces as outlined in the Land Development Code. A requirement that we as well as other businesses must and do adhere to. Sincerely, Lesley Garlock Owner, South Bay Realty CC: Lata Office of bitonio raga BosiMichael Exhibit "D" From: Gary Brecka [gary.brecka@beachboxcafe.com] Sent: Wednesday, April 13, 2016 3:32 PM To: NickCasalanquida@colliergov.net; BrockMaryJo; KlatzkowJeff; BosiMichael; WilkisonDavid Cc: John Marques; Ralph Cioffi; Pritt, Robert Subject: No Action Need/ Re Beach Box Cafe Administrative Parking Reduction Attachments: 4.13.16 BBC Petition Survey.pdf; Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe.pdf; Commissioner Letter Pat Dearborn John R Woods.pdf; Dan Clark Commissioners Letter BBC.pdf; Naples Daily Article w commentsl .png; Naples Daily Article w comments2.png; Naples Daily Article w comments3.png; Naples Daily Article w comments4.png; Naples Daily Article w comments5.png; Quinn Boards Letter of Support.pdf; Vesci Parking Letter Beach Box Cafe. pdf Dear Commissioners, On April 12th you were asked by Mr. Anthony P. Pires on behalf of the Vanderbilt Beach Residents Association to reconsider the administrative parking reduction properly granted by your staff to the Beach Box Cafe. To date, you have only heard from the Plaintiff in this matter who's self serving interests are to have our restaurants parking consideration reversed by the county. However, you were not given the whole picture. The vast majority of the local business and residents of Vanderbilt Beach are in favor of the existing parking reduction as it allows persons who are already at Vanderbilt Beach to walk off the beach and return to the beach after having a place to sit down and eat and drink within walking distance. You will see that the Beach Box Cafe is considered by most local residents and businesses to be a public service to the busiest public beach in our county. (Vanderbilt Beach) While the complaint seems to stem from several local business, of the 5 letters that were submitted to the commissioners, two of those business have no issues at all with the parking decision, and are not seeking the reversal, and the other 3 business have never contacted us to even make us aware that there was any problem with the Beach Box Patrons using their parking spaces. In fact, these business did not write these letters of their own accord, each of them was solicited by the Vanderbilt Beach Residents Association to write letters appearing to support the reversal of the County's parking decision as is evident in the letter from the Vanderbilt Beach Resort Hotel. We are within walking distance, a phone call, email or text away from easily being able to sit down with any of our neighbors and work together to solve the issues that face us as local business. Having not ever brought this to our attention, but rather going straight to the county commissioners quite frankly, blind sided us. M short, please allow me to explain what you will see in the attachments hereto. I would also like to note that the Beach Box Cafe has had scarcely 24 hrs to respond since yesterdays hearing but the outcry and response to this assault on the county's decision has been overwhelming. Essentially, the loud vocal outcry of few, pretending to speak for many. 1. Letter from Mari Vesci/John R Woods (tenant in same building) requesting the county to leave the decision alone 2. Letter from Patrick Dearborn (local resident, John R Woods board member) requesting the county to leave the decision alone 3. Letter from Dan Clark (local resident of SouthBay Drive) requesting the county to leave the decision alone 4. Letter from Scott Quinn/Quinn Boards (former local business) requesting the county to leave the decision alone 5. Survey/Petition of 24 (so far, we will continue until we have over 100, or more if needed) visitors to Beach Box Cafe showing of 24 people, only 2 of the 24 people drove here for Beach Box Cafe. The rest either biked or walked, or drove here to visit the beach and walked off the beach to the Beach Box Cafe. 6. Naples Daily News Article and corresponding public comments to demonstrate the public opinion of this topic. There are over 30 comments from the public (this is the Naples Daily New's Facebook post and has nothing to do with Beach Box Cafe's page or patrons) 7. Naples Daily News article shows South Bay Realty's Sebastian Paguni (who previously wrote a letter when solicited by the VERA) retracting their statement publicly. 8. We are troubled that the Vanderbilt Beach Residents Association for which we have been members has declined to participate in our Beach Clean up events and other community programs but has orchestrated this action with the County without so much as even reaching out to us on the matter. We are literally 100 feet away. 9. 1 have personally met on more than 5 occasions with the Board of the Vanderbilt Beach Residents Association (and are willing to meet again on this issue) and this issue was never brought up. This has not been mentioned once to us by the VERA. We have never even been made aware that the association was considering this to be such an issue. We would welcome a simple sit down. In short, we are asking the County Commissioners to stand by their staff members decision and hoping that the Vanderbilt Beach Residents Association and any of our neighboring businesses will sit down and meet with us to work on solutions, rather than hire lawyers, litigate, and sandwich the county in between private business interests. We want to work with our local business and residents, it is good for our business and good for our community. With Deepest Regards we ask the County Commissioners to stand by the staff members decision. Sincerely, Gary Brecka, Ralph Cloffi, John Marques Owners, Beach Box Cafe Vanderbilt Beach, FL 34108 (305)-978-1480 L ACH RUX Customer survey/Petition By signing bcl€ w, I am acknowledge that the information provided is true and accurate. I am also acknowledge that I support the Brach Bos CafL&Adminisrrative Parking Reduction to stay in plate and l support their plans her improving the corner. N me �iin r -S r, r� ri�Emafl; � rove Here Walked/Bike I �,,. Came for the Beach Z—jDrove Here to visit The Beach Box Caf6 Nage: r C Phone, --N x" rage Here Walked/Bile t ---Came for the Beach 2._.._,Drove Hare to visit The Beach Bax Cafe Name:'*'_ _' rLo ` Phone. � • ` i � i. —Drove Here lWalked/Bike I Came for the Beach 2—X Drove Here to visit The Beach Box Cafe Names � ( �` `i ; PhoneA t 1 ` 0-J10 0 l.._.Iirove Here alked f hike I Came for the Reach 2—Prove Here to visit The Beach Box Cafe Name. �.. a' -C. cv l L—DrOve: Herev""ked/Bike If,� .,Carne four the Beach ..,,�,,,D nave Here to Asit The .Beach Box Cafe Narne: �. Fhvne; �L--Drove HereiNaliedjBik@ Cams for the Beach 2 Drove Here to visit The Beach Box Cafe �EG . t7f3 iNare.Phone; —Drove Here KWalked/Bike I _KCarne fear the Beach 2—,,,Drove Here to visit The Beach Box Cafe name: ` �r. A�_ r- , c. 'Itc�ne; G �� r • �iX 37 I—Drove Here +Vaiked/Blke 1 .._.,...Game for the Beach 2-Y, Drove Here to visit The Beach box Cafe am Customer Surveypetit on By signing below, I am acknowledge that the Info maiion provided is true std accurate. I arra also acknowledge fat I support the 13each Bot Cafe Administra#ve Pare Reduction to stay in place and I support their plans for improving the corner. Name:'--,•- I -Jirave Rise -3keti#-= ,, 1 Came for the Beach 2rc7ve Here to vRsit The Beach Box +� C Name;LL Phone: L -Drove Here tW lked Bike I Came for the Beach Z,,.•,._Hrove Here to visit The teach Box. Cafe Name: OF1 R 0 � �� orie, L )rive Here W alked/Bike I _J for the Beach 2___Urove Here to visit The Beach Box Cafe Name Ca l 'ff Phone: l ��ve Here Walked/Bike 1 _. me for the Beach 2. __.brow Here to visit The Beach Box Cafe Name _� nN\) Phone.10 _I ,prove Here Walked/Bike I Came for the Beach ZKprove Here to visit The Beach Bax Cafe Name. &' Phone: 4 -Drove Here 4Wall ed/Bike i .Carne for the Beach 2_ Drove Here to visit The Beach Box Cafe Warne• Phone; I, -Drove Here iAt ,Mike I,.Came for the Beach Z—grove Hereto visit The Beach Box Cafe .-r' Larne: Phone4l,4 D -�e�rave Here —Walk � I ..,.,,Came for the Beach 7--V Here to visit The Beach Box Cafe Customer Surveyy j,PeUtiDn By signing below, i am acknowledge that the information provided is true and accurate, I am also acknowledge that I support the leach Box Cafe Administrative Parking Reduction to stay in place and f support their glans for improving the corner. NameI_._ Drove Here ✓Walked j8lke I Carne for the Reach {2__KDrove yHere to visit The ReaOx Caf'4 l��r:�. �)?�li�l�,�."�r.��,L;v` I Drove Here aiked/Hike I e for the Beach 2-Wrove Ifere to visit The Beach Box Cafe Name.Phoni�4 _� rove Here —Walked/Bike t __��mc far the. Beach. drove Hem to visit The Beach Box Cafe Name: � c i., l?Bane -��5 ��iI�''Drove Here_._,Mdked/Bike I Carne for the Beach 2�ove Here to visit. The Beach Box Cafe taree:..: c4 c Phone- � c i Ordve Here Walked/Bike I Zine for the Beach 2___J)rove Here to visit The Beach Brix Care Name:C "'tie f ,c 3c phone• -�i ,� L-Urove ktere alk Bike I Cane for the Beach 2 Ike Here to visit The Beach Box Cafe Name,: 4 .LO _ P'hone�, � �=�� rove Here ._Walked/Hike 1 :,_Cama for the Beach 2,.__Dreve Here to visit The Beach Box Cafe Mame, Phone: L–Drove Here t/–Walked/Bike I Carne fbr the Beach 2 --Drove Here to visit The Beach Box Cafe �PAT RICK:E DEARBORN f - April 13, 2016 Dear Commissioners, My Family and I are proud full time Naples Residents for almost 13 years. I have been with John R. Wood Properties for more than 10 years, am a member of the Ritz Carlton Spa and a frequent visitor to the Beach Box Cafe and our John R Wood office located at 9000 Gulfshore Drive. My Family and I LOVE the Vanderbilt Beach area and also frequent the beautiful, public, Vanderbilt Beach(again for almost 13 years) It is because of my admiration for the Vanderbilt Beach area and the Beach Box Cafe(and all businesses in this area) I feel the need to comment on the VRBO's recent request for the commission to reverse a properly made, decision by the commissions own staff members. The administrative parking reduction that was properly granted to the Beach Box Cafe did not remove and does not seek to remove any physical parking spaces. This administrative reduction allowed Beach Box to provide the additional seating needed to serve the most popular beach in our County with the many patrons that are already at the beach. The County decision to allow for a parking reduction for Beach Box has not created, nor has it added to the parking issues faced by Vanderbilt Beach. I truly believe this(as does my family and many many others I know). Vanderbilt Beach continues to experience an ever-increasing census of people visiting the area, and during spring break weeks, at the height of our season and the most beautiful weather in months, the crowding is due simply to the attraction of our beautiful beaches and their amenities. Beach Box Cafe provides a much -needed public service to the beach by providing a solution for families to eat and drink at a reasonable price within walking distance of the beach. The crowds at the beach are ALREADY THERE TO ENJOY THE BEACH and are not there solely because of Beach Box. With more than 3 miles of private beach to the south of the Beach Box Cafe and the most popular Ritz Carlton in the world adjacent to this beach, the options for families to dine -in, grab an ice cream and drink are very, very limited. We applaud the county for it's foresight in granting the parking reduction and pray that the commission leaves a good decision alone so that the many public visitors to our beautiful beach can continue to have food and drink choices while they take in the best that Vanderbilt Beach has to offer. Sincerely, Patrick Dearborn Director -John R Wood Properties Gulf Shore Magazine '2011-2016 FIVE STAR Real Estate Agent' 'Multi Million Dollar Producer 2004-2016' 239-877-4340 mobile 239-298-5352 office www.iLoveNaplesELA.com John R. Wood Properties 1185 Immokalee Rd, Suite 300, Naples, FL 34110 April 13, 2016 Dear Commissioners, I have been watching the recent articles in the News and reading about the recent request by the Vanderbilt Beach Residents Association to reverse the county's decision to grant Beach Box Cafe an administrative parking reduction. I am a local resident of Vanderbilt Beach and live in the building immediately behind Beach Box Cafe. 1 walk to the beach regularly from my condo several times per week. During the peek of season, when the weather is nice and the beaches are packed, parking is an issue. However, this issue was not created by the county issuing the Beach Box Cafe their parking allowance. To the contrary. Most of the people in the area, like myself, walk to the beach box cafe and surrounding businesses. I have also noticed that the majority of the people that frequent the Beach Box Cafe are already parked and already visiting the public beach. It is a convenience and not a destination in my view. For the life of me I cannot understand why our local residents association has taken up an issue targeting one of our local businesses. Beach Box has been nothing but good for this area. Prior to the completion of the bar and cafe that corner was a dimly lit, abandoned lot full of trash, and was in general a run down corner area that has now been beautified by the restaurant. It is lit, bright, clean open and inviting. We love It! The local residents love the Beach Box Cafe and it is one of the only places for our beach visitors to eat and drink within walking distance from the beach. As a local resident I would hope that our local residents association would work with local businesses and not against them. The local residents are delighted with the county's decision to grant a reduction in the required spaces that makes sense because the traffic is foot traffic and not vehicle traffic. 1 ask the commission to stand by the decision made by the staff members and leave the parking as it stands. Thank you for your consideration, Dan Clark Vanderbilt Beach, Naples FL 341.08 "� (00 S0 ('4� 60,v Dr= 'P 2, I.- April 12, 2016 QUINN BOARDS PADDLE SHOP, VANDERBILT BEACH FLORIDA Dear Commissioners, I operated Quinn Boards (a bike and stand up paddle board rental and retail surf shop) from the same location that now houses the Beach Box Cafe. I opened my doors in 2011 and have watched this area grow from many of the same windows that the Beach Box Cafe now looks out of. The Vanderbilt Beach Residents Association over the years has taken up many of these issues "on behalf of its members", which really turns out to be "on behalf of its board acting alone". The parking issues on Vanderbilt Beach were not created, nor have they been made worse by the Beach Box Cafes. The Cafes provides a convenient place where people who are already visiting the beach can walk across the street and get a bite to eat and a drink ata reasonable price. I know this possibly better than anyone else because I personally know many of the people enjoying this reasonably -priced cafe. The Ritz Carlton and neighbors like the La Playa resort are beautiful destination spots for tourists and visitors but are not a cost effective place for local families, and public beach goers to eat. Quite to the contrary of the VRBO claim, I have personally watched a reduction in the traffic and parking issues as people for the first time had an option to NOT leave the beach and come back during the lunch hour but were now able to walk on foot to a place 50 yards away and go right back to the beach. I used to watch the cars come and go during these busy hours as people left the beach to eat and return. It was a mess, and thanks to the county, it has gotten much better. I applaud the county for doing a great service and the county staff for properly granting the reduction to the Beach Box Cafe. All this has done is allow people who are already at the beach to have easy access do a sit down place to eat and get ice cream. It would be in the public interests to allow this administrative parking reduction to stand as is. a r Warm Regards, Scott Quin -=' � ....did you ever ask yourself why a local "residents association" has taken up this issue when most of the residents they represent are actually in favor of the county's decision? VESCI REAL,ESTATE T `-E-IA` M Dear Commissioners: April 7, 2016 Mari Vesci has operated from the same location where the Beach Box Cafe exists for 3 years. Over the years we have seen the parking situation become increasingly more complex due to the incredible growth and popularity of Vanderbilt Beach. Mari Vesci rents parking spaces from the same land lord and shares the same parking areas and parking lot as the Beach Box Cafe. We do not have problems with Beach Box patrons or employees parking, but rather a problem in general with the volume of beach goers seeking parking. The parking challenges are in no way related to the administrative parking reduction granted to Beach Box Cafe. While Beach Box patrons also park and visit the public beach, the problem is not related to the Beach Box Cafe. When asked the Beach Box Cafe has been helpful and responsive to patrolling the parking areas to help deter their patrons from utilizing marked parking spaces. Sincerely, �(ariesci Gulf Shore Drive Naples, FL 34108 4/1212016 Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe journalmadiagroup C PRINTTHIS LOCAL BUSINESS Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe Cars fiLL the front parking lot at the Beach Box Cafe in Naples on Monday, April 11, 2016. Surrounding businesses have signed a petition asking Collier County to require the Beach Box to provide more parking space. (Dorothy Edwards/Staff) By Greg Stanley of the Naples Daily News Posted: 5:50 a.m. With parking scarce along Vanderbilt Beach, a homeowners association and nearby businesses are starting to point fingers at the Beach Box Cafe. http://www.pfinttEs.clickabili ty.com/pticpt?expire=&ti tle=Collier+asked+to+consider+more+Vanderbilt+B each+parking+for+Beach+Box+Cafe&urlID=545926522&... 1/4 4/12/2016 Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe The popular bar and sandwich hub has anchored a corner spot near the public entrance of Vanderbilt Beach for a little more than a year. In August, cafe owners asked to add more tables and seating in the space. Normally, that would require a business to add more parking spots under county rules. But with a large parking garage just a few feet away, zoning officials granted Beach Box an exception. On Tuesday, neighbors will ask Collier County commissioners to reverse course and require the parking. The Vanderbilt Beach Residents Association and its attorney will present commissioners a petition signed by several nearby business owners saying there's not enough parking as it is. The exemption only exacerbates the situation, residents association attorney Anthony Pires said in a letter to commissioners. "Property owners and residents have for years expressed concern as to parking relating to this site," Pires said. Owners of The Beach Store, South Bay Realty and the Lighthouse Inn have all written commissioners letters, saying that their parking spots are being taken by Beach Box customers. But Vanderbilt Beach was busy long before Beach Box opened its doors, said co-owner and managing member John Marques. "I would love to take credit that people are coming here just because of Beach Box, but that's just not the case," Marques said. "Season is growing, census numbers keep increasing. If you're surprised that people are rushing to the beach, well, it's not because of a restaurant." Even the idea of a restaurant on the Beach Box's corner is nothing http:lhvwNv.printtbis.ctickabi li ty.comlpticpt?expire=&title=Collier+asked+to+consider+more+Vanderbilt+B each+parking+for+Beach+Box+Cafe&urllD=545926522&... 2/4 4112/2016 Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe new, he said. Before it was the Beach Box, a pizza place operated out of the building with fewer parking spaces, Marques said. "We went through this with our engineer, applied and the county had plenty of time to review it," he said. "This wasn't rushed. I'm hoping the county stands by its previous decision." The Beach Box opened in January 2015. It's one of the few places in Collier County where beachgoers can walk up in swimsuits and with sandy feet for a beer, sandwich or ice cream. The store is across the street from a public parking garage with nearly 400 spaces. Without the parking exemption, the cafe would be required to add 31 spaces for the amount of seating it wants. But those spaces may not be needed because the cafe is designed to serve people who are walking up from the beach, said Mike Bosi, planning and zoning director. Those people have already parked, Basi said. "The idea is that with the beach so close the people are not driving there for this store," Bosi said. "There are close to 400 public parking spots within 300 feet of the Beach Box." The problem isn't the cafe, itself, but the lack of public parking in general, said Sebastian Paguni, one of the owners of South Bay Realty. "It's not a little problem, it's a major problem here," Paguni said. "The parking structure is always full. If Beach Box can increase seating, that's a great thing. When they're busy it brings in more traffic and people who might want to buy real estate here. But httpalwww.pi inttl-iis.clickability.com/ptlept?expirc=&titie=Collier+asked=to+consider+more+Vanderbilt+Beach+parking+for+Beach+Box+Cafe&urlID=545426522&... 3/4 4/12(2016 Copier asked to consider more Vanderbilt Beach parking for Beach Box Cafe everyone needs parking. I'm hoping that the county looks at the overall parking needs for all the businesses here." Find this article at: http://www. napies news.com/business/local/move-to-push-col lier-county-to-req u ire -m o re -pa rki ng-at-vanderb ilt-beach-fo r-beach-box-cafe- 3036dc53--375322371.htmI I Check the box to include the list of links referenced in the article. http://www.piintihis.clickability.comlpJept?expire=&title=Collicr+asked+to+consider+more+Vanderbil t+Beach+parking+for+Beach+Box+Cafe&ur1ID=545426522&... 414 Move to push Collier County to require more parking at Vanderbilt Beach for Beach Box Cafe NAPLESNEWS.COM Like Comment Share �fl Blake Bowdish, Alicia Rosier and 60 others 16 shares Write a comment... 0 W Top Comments (Unfiltered) Kendra Conard Beach box isn't the problem! Vanderbilt is baples busiest beach and has been since before beach box opened. Vanderbilt is so lucky to have an establishment for beach goers to take a break from the sun, get food drinks and entertainment. Most people there come in with sandy toes! Stop pointing fingers at beach box, show some love and support ! The city needs to do what's right and stand by their original decision. Like Reply - 6 2. 15 hrs Jane Herron I've been a oatron of Beach Box Cafe since it opened. Most of %PIIV... vvv Irw1v Like - Reply - 16 hrs Francesca N Thomas I cannot believe what I'm reading!! As a longtime resident I am appalled that my county might use tax dollars on such a bad request. Not only is this a horrible idea but it's being requested by an association that has nothing to do with itf! Beach box cafe is an asset to the community - it's safe, family friendly and a great spot for all ages, residents and vacationers. And to top it off, beach box went through the proper channels and shouldn't be penalized as this article suggests. Smh. And a big thank you to the owners and staff who have made such a place as wonderful as it is for our community. Like - Reply - 5 Joe Gedvillas The beach visitors "not the homeowners" pay for parking at the beach. This is what condo associations do to kick other people off of the public beach . Like - Reply 1 - 16 hrs Justin B Eriksen I am a long time resident of this stretch of boulevard. I am very happy to see the thriving business at Beach Box and I am absolutely disgusted by the actions of the neighboring HOA.. It is clearly evident to me that these people causing this ruckus have very little if nothing to do. Coincidentally enough, after doing homework NONE of them are Florida natives, rather than a bunch of tired bored geezers with nothing better to do as they live their worthless lives to conclusion. Anyone who has the time to take pictures of picnic tables and count heads should be forced to do something wor thy with this extra time. Hell, go get a job bagging groceries, or better yet the owners of Beach Box may hire you to valet their customers cars..... Never the less, if it's a problem for you, crawl back to those cracker boxes you call home in New Jersey or Cleveland. We were fine without you before, and we will be all that much better when your gone. Get a LIFE HOA GEEZERS! Like • Reply • 16 1 - 16 hrs • Ashley Turco Wow this HOA needs to get a life! Beach Box is an amazing establishment! Instead of wasting time and money on attorneys to fight Beach Box, donate that money to the less fortunate.. Like o Reply - 16 hrs Derick Zurbriggen I personally think that is a testament to a great business!!! I have parked there without any issues while enjoying a safe and bustling atmosphere!! I'm excited about what it brings to the beach and the area!! Like Reply • 16 hrs Scott Neuen This issue doesn't seem to be related to Beach Box. Why not encourage a thriving business like Beach Box that is galvanizing an increased demand to an already popular area? Like - Reply • 16 hrs ryi,41 Christian Suarez Seems Naples has nothing better to do than to always make new problems. Leave beach box alone. Like - Reply • 6 1 • 16 hrs DrRuthie Qbersaat Busman Leave them alone. They've done their homework. Vandy homeowners need to find a different whipping boy Unlike - Reply - 17 5. 22 hours ago • Edited Atom McCrea Nobody seemed to be buying this today Like - Reply • 23 hrs Ellis Largent There's always been a lack of parking at the beach. I personally am happy that Beach Box made Vanderbilt beach their home. I think we're lucky to have them. Like, Reply .152. 16 hrs Mocean Cuisine The parking at that beach has always been very scarce, due to that being one of Naples busiest beaches. The Beach Box is just a great addition to the busy area and to blame a business for parking is ridiculous! Like . Reply - 15 hrs Suzanne Noel Pescinski The city should stand by their original decision. Adding more parking to beach box will only add more traffic to a mostly pedestrian area. Then beach box will have to deal with beach goers using their spots as over flow to the parking garage. The parking issue exhisted long before bbc. Adding a few parking spots will not solve the problem it will just hurt a thriving local pedestrian business. Let me ask you this... How does adding more parking spaces outside of a bar in a crowded pedestrian area sound like a good idea? Like , Reply • 15 hrs Joel Sabin There's a huge empty lot across from the parking garage that could be used for parking. In season the garage is full by 10-11 am. Beach box or no beach box, there's not enough parking for the traffic that comes to Vanderbilt beach. Like - Reply .15 15 • Yesterday at 8:46am %+ 1 Reply ® Vd11U1dFU11L oddtAl.... Unlike . Reply i!� 7, Yesterday at 9:16am Nicole M Partica Finger pointing in Naples?! Never! More lawyers and associations sucking the fun out of this town. Just let it be. Unlike - Reply � 6 6 - Yesterday at 8:43am Bill D'Antuono Bs. In Naples there's a ridiculously low # of places to get a beer and grub close to the beach. Vanderbilt Inn? Gone. Ritz and Naples beach club, expensive. This realty place wants to give them trouble when it's an asset to them? The lighthouse has always had parking issues ever since I can remember growing up in Naples park. Hopefully the white hair bump heads will lighten up for once Like • Reply • 3 hrs Anthony DiMeglio Why the Beach Box cafe? They have maybe 10 spots? What am I missing? Unlike - Reply - 6 5 • Yesterday at 9:45am Mary Ceiba They have like 4 but there are more people than that going there so those people are taking up beachgoer spots. Like Reply • 20 hrs 0 Write a reply... Janice Sheeder We have been in Naples since Jan 5 and parking everywhere in Naples is a problem!! Like - Reply - 1. c- --s Oscar Martinez Let's blame a problem that's been going on for a while on the beach box lol f/fucklogic Unlike, Reply - 6 5 - Yesterday at 10:05am Marsha 'Whitman Lingle In the winter if you don't get there before 10 it is always full 0 Like • Reply - 21 hours ago - Edited Nick Sopena Mat Nagy isn't this Anthony place? Like Reply • 16 hrs Mat Nagy Not anymore Like • Reply • 1 S I �r - Kari Kristoff Take public spaces away to benefit a business?? WTF??? Like • Reply • 15 1 - Yesterday at 8:30am Mary Ceiba It actually says the opposite.. they dont want to have to designate 31 spots to the beach box to justify their seating amount because they dont feel they need them and would rather keep them public because they are designed to be for walk up beachgoers who already parked. I assume its also because theyd have to pay for those spaces somehow. Unlike, Reply • 6 1 - 20 hrs '3 Karl Kristoff Reality is that five spaces less means that five more cars have to park somewhere else, regardless of whether or not it is designated a Beach Box spot. If they want a bigger place, they should go buy somewhere else. Like, Reply • 8 hrs John Marques Karl, we did not remove spots, we actually went from 2 spots (which the previous restaurant had) to almost 20 spots. We have increased the parking for the restaurant by 18 spots. And we are not trying to delete any parking. We are asking the county to let us operate with the new, higher amount, although its less than the code because there is a parking garage with 375 spots across the street and most people walk here or bike here. Like , Reply - 1 min aWrite a reply... Michelle Barrera John Egan lol Like - Reply . 21 hrs Lauren Clarke Carroll Jordan Logan, Paige Carroll! Like ° Reply .15 1 - Yesterday at 10:21 am Joel Sabin Paige Sabin Heather Bilodeau Exhibit "E" BosiMichael From: BrockMaryJo Sent: Monday, April 25, 2016 10:50 AM To: CasalanguidaNick; BosiMichael Subject: FW: Support for The Beach Box Cafe Administrative Parking Reduction FYI Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office mart'_�obrock.{a�col.le.rgov.net 239.252.8364 From: lebiancs@aol.com [mailto:leblancs@aol.com] Sent: Monday, April 25, 2016 10:43 AM To: nickcasalanquida@colliergov.net; BrockMaryJo; WilkisonDavid; michaelbois@colliergov.net Subject: Re: Support for The Beach Box Cafe Administrative Parking Reduction To Whom it May Concern, Recently, a report was broadcast on NBC -2 regarding the backlash caused by a local condominium association in challenging a request made by The Beach Box Cafe. This request was for additional seating to be added to the restaurant to accommodate its growing crowd of beach -going customers. The request was originally granted by Collier County but now the condo association is taking issue with the potential elimination of 5 parking spots in front of the Beach Box Cafe. Please allow a brief, objective observation: 1. Beach Box Cafe would be eliminating 5 parking spaces that are restricted to patrons of the Beach Box Cafe ... they are taking THEIR OWN SPOTS...the parking spots do not belong to the city, county or the condo association. 2. According to the owner of the Beach Box Cafe, a survey of his customers was performed and the overwhelming majority of those responding to the survey (all customers of Beach Box Cafe) stated they went to the restaurant by foot or bicycle. This leads one to believe the shortage of parking is NOT due to folks patronizing the Beach Box Cafe. 3. Parking has been a problem at the popular Vanderbilt Beach access point for many years. The Beach Box Cafe has only been in existence for a relatively short period of time. This condo association initially fought against the Beach Box Cafe becoming a reality. Now they are trying to blame a year's old problem on the "new kid on the block". One does not have to look very deeply into this situation to understand what is happening. Many residents in the area have spent a lot of money to call this area "home". Vanderbilt Beach has long been a popular public beach destination which, in turn, results in a strain on available parking. The addition of a new and popular restaurant to the area creates more congestion. All of these things are true. What is a travesty, however, is the Beach Box Cafe becoming a SCAPEGOAT for the dour disposition of the members of this condo association. There are potential remedies for this problem and the proper way to address the situation is by working with the local government to come up with the best solution that both works and is affordable. The Beach Box Cafe is growing because their ownership and management are doing the right things with regard to building a successful business; providing good product and service at a fair price, giving back to the community they derive their living from with multiple acts of kindness, charity and good will and making good -faith attempts to rectify any perceived problems in the neighborhood. As long-time charity proponents, we have had the pleasure of getting to know and partner with the Beach Box Cafe ownership/management team and are very proud to speak on their behalf. We have already participated in two beach cleanup operations organized by the Beach Box Cafe. It was truly a blessing to be involved in these efforts which served to educate citizens (both young and not so young), raise funds for worthy youth causes and instill a sense of common good will and stewardship of our vital natural resources. The Beach Box Cafe is a good neighbor and they know the importance of giving back to the community from which they derive their living. In summary; the parking problems at Vanderbilt Beach are nothing new. The Beach Box Cafe is not the cause of the parking problem. Instead of pointing fingers and assigning blame, why doesn't everyone get together and see if a solution can be attained? Just a thought. Respectfully, Steve & Chris LeBlanc -----Original Message ---- From: Tim Martarano <rock2pillar@Jyahoo.com> To: nickcasalanquida<nickcasalanquidaaa.colliergov.net>; maryjobrock <maryiobrock(c)collieroov.net>; davidwilkison <davidwilkisonCa7colliergov.net>; michaelbois <michaelboisp—colliergov.net> Sent: Fri, Apr 22, 2016 1:17 pm Subject: Support for The Beach Box Cafe Administrative Parking Reduction Gentlemen, My wife and I have been residents of Naples for 20 years. As we are both still working, our opportunities to enjoy the worlds best beaches are far and few. The growth we have seen in the past 20 years has been incredible. We both agree that past and present planners for Naples have done a great job of preserving our beaches while allowing us access. As we live in the 951 and Vander Bilt area we tend to use the Vander Bilt beach the most. The parking structure has been a God sent, especially during season. The most recent addition, The Beach Box Cafe has been a terrific addition for those of us who do not own a beach front condo, home or have a budget to afford a $20 hamburger at one of the most premier hotels on the planet. My wife and I only recently discovered The Beach Box Cafe while attending several volunteer beach clean ups of our pristine Vander Bilt beach which was sponsored by and paid for by The Beach Box Cafe that raised money for a local children's charity. We were very impressed by the owners, managers and employees as well as the cafe itself and their menu and pricing. We find it simple to visit the beach now on a spare of the moment decision as parking and food and drink is all now available with easy access. Recently, we saw on television and in the paper, The Beach Box Cafe was looking to provide even more capabilities to provide service to residents like us and visitors to our area during season. Their efforts were approved by Collier County but then some local condo association (to which they are members of I believe) was trying to put a stop to it, claiming the loss of 5 parking spots and inviting more people to the "public" beaches which they have in their backyards..... was an issue. We found this upsetting because we were involved with two beach cleanups, at the Beach Box Cafe, during season and spring break...... and we had no issue with parking. In 20 years I've never writen an email or a letter to the editor but after enjoying our local beach and business, my wife and I felt compelled to comment that we like The Beach Box Cafe. It's location, easy access and employees have all been terrific and an asset to the area. It seems that the condo assoiciation would rather have the beaches in their backyard made private or at the very least make it imposible to access so they can have them to themselves. If parking is the issue, I'm sure the county engineers can figure a way to add another floor onto the existing parking structure or run more shuttles from the shopping center at Vander Bilt & 41. I hope you all work toward growth and protection and support The Beach Box Cafe which is the perfect complement to the improved facilities you have already built there. Sincerely, Tim & Maria Martarano 14979 Savannah Dr Naples, FL 34119 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. BosiMichael From., BrockMaryJo Sent: Saturday, April 23, 2016 11:35 AM To: CasalanguidaNick; WilkisonDavid; BosiMichael Subject: FW: Support for The Beach Box Cafe Administrative Parking Reduction FYI, i see your email address is incorrect. Thanks, MJ From: mtdougheri comcast.net [mailto:mtdoucIher1 comcast.net] Sent: Saturday, April 23, 2016 11:19 AM To: BrockMaryJo Subject: Fwd: Support: for The Beach Box Cafe Administrative Parking Reduction From: mtdougherl(ab-comcast. net To: nickcasalanquida@colliergov.net Sent: Saturday, April 23, 2016 11:17:38 AM Subject: Fwd: Support for The Beach Box Cafe Administrative Parking Reduction From: mtdougherl(aD-comcast.net To: nickcasalanquida(cD__colliergov.net maryiobrock(a_colliergov.net davidwilkison(i)colliergov.net michaelbois(&colliergov.not Sent: Saturday, April 23, 2016 Subject: Support for The Beach Box Cafe Administrative Parking Reduction To Whom It May Concern: We have been residents of Naples for 10 years. We are retired educators and we love living in Naples. The growth we have seen in the past 10 years has been incredible. We both agree that past and present planners for Naples have done a great job of preserving our beaches while allowing us access. As we live on Immokalee road we always choose to use the Vanderbuilt beach the most. The parking structure has been a God sent, especially during season. The most recent addition, The Beach Box Cafe has been a terrific addition for those of us who do not own a beach front condo, home or have a budget to afford a $20 hamburger at one of the most premier hotels on the planet. My husband and I only recently discovered The Beach Box Cafe while attending several volunteer beach clean ups of our pristine Vanderbuilt Beach which was sponsored by and paid for by The Beach Box Cafe that raised money for a local children's charity. We were very impressed by the owners, managers and employees as well as the cafe itself and their menu and pricing. We find it simple to visit the beach now on a spare of the moment decision as parking and food and drink is all now available with easy access. Recently, we saw on television and in the paper, The Beach Box Cafe was looking to provide even more capabilities to provide service to residents like us and visitors to our area during season. Their efforts were approved by Collier County but then some local condo association (to which they are members of I believe) was trying to put a stop to it, claiming the loss of S parking spots and inviting more people to the "public" beaches which they have in their backyards..... was an issue. We found this upsetting because we were involved with two beach cleanups, at the Beach Box Cafe, during season and spring break ...... and we had no issue with parking. In 10 years I have lived in Naples, I have never sent an email or a letter to the editor but after enjoying our local beach and business, my wife and I felt compelled to comment that we like The Beach Box Cafe. It's location, easy access and employees have all been terrific and an asset to the area. It seems that the condo association would rather have the beaches in their backyard made private or at the very least make it impossible to access so they can have them to themselves. If parking is the issue, I'm sure the county engineers can figure outa way to add another floor onto the existing parking structure or run more shuttles from the shopping center at Vanderbuilt &, Route 41. I hope you all work toward growth and protection and support The Beach Box Cafe which is the perfect complement to the improved facilities you have already built there. Sincerely, Marilyn and James Dougher 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. Case Number I Location Description Status I Complaint Detailed Description I Entered I Closed I Case Disposition CELU20150008262 Picnic tables observed at this location where Open Picnic tables observed at this location 4/23/2015 Open property is not zoned for such where property is not zoned for such CEN20150008432 9002 Gulf Shore Dr. C Excessive noise from bands playing at the 04/27/2015 5/5/2015 Voluntary Compliance Beach Box Cafe. CEN20150009176 9020 Gulf Shore Drive "Beach Box Cafe" (North C Playing amplified sound without an 5/6/2015 5/26/2015 Voluntary Compliance Naples) amplified sound permit. CEN20150010124 9020 Gulf Shore Dr Beach Box Cafe C Very Loud Music on Friday, Saturday and 5/18/2015 6/1/2015 NO Violation Sunday all day until 10pm. CEN20150011432 9020 Gulf Shore Dr. C Beach Box Cafe - Noise complaint 6/4/2015 7/7/2015 No Violation CES20160002431 9002 Gulf Shore Dr C John R Wood Properties sign installed on 02/16/2016 2/23/2016 No Violation Building with no permits posted. CES20160002451 9002 Gulfshore Dr C 2 signs were put up w/o permit. One on 02/16/2016 2/18/2016 Withdrawn - Duplicate the first floor and one in between the 2nd CES20160002431 "Duplicate case, please see Case Number and 3rd floor. The complainant states the CES20160002431 for details." John R Wood occupant (formerly Mari Vesci Realty) only occupies the first floor. As well, these were erected w/o a permit and the electric was also not permitted. There is a sandwich board which is supposed to be w/in 10 ft of the location, and this one is located 25-35 feet away. CES20160002816 9002 Gulf Shore Dr C Sandwich board signs out by sidewalk (40 ft 02/23/2016 3/3/2016 Voluntary Compliance from structure) Caller states they can be no more than 10 ft from front door. CELU20160003818 9002 Gulfshore Dr (Beach Box Cafe) C Commercial property have overflow in 03/08/2016 3/10/2016 Withdrawn - Unable to verify trash and recycle bins. Bad odors. complainant CES20160003844 9002 Gulf Shore Dr. C Unpermitted accent lighting. 03/09/2016 3/14/2016 Voluntary Compliance Attachment "F" Case N " r umbe Location Description ' Status Complaint Detailed Description Entered CE05ed Case L7ISPOSI#IOTt CENA20150001384 9020 Gulf Shore Dr. (N Naples) C Litter: Garbage overflow of dumpster and 1/26/2015 1/27/2015 Referral to Utility Billing over property. CENA20150001422 Beach Box Cafe 9020 Gulfshore Dr dupl. to case# C Trash overflowing from dumpsters and on 1/26/2015 1/27/2015 Withdrawn - Duplicate 20150001384 ground. Caller is concerned of getting rats 20150001384 in neighborhood. CEOCC20150006712 9022 Gulf Shore Drive C During research found that Mari Veschi 04/02/2015 5/7/2015 Voluntary Compliance Realty had no BTR Note: Physical address of this building which has numerous folio#'s is 9002 Gulf Shore Drive... specific location of Vesci Realty is advertised as 9000 Gulf Shore Drive_.. CEN20150007717 " Beach Box " 9020 Gulfshore (Vanderbilt Beach- C Music from "Beach Box"- live band playing 4/16/2015 5/4/2015 No Violation Gulfshore) THIS CASE IS BEING CLOSED, CA59 FOUND way too loud Thurs, Fri, sat, Sunday and VIOLATION IN HIS CASE CEN20150008432 now also Wed. Complainant doesn't mind the music but the volume was way too loud. Could hear every word of songs played when all windows and doors shut with TV on. 3days of 10day couldn't sit out on back patio and have a conversation - would need to shout which then would disturb neighbors. Music starts 9-9:30 till later in night. They weren't calls probably because couldn't hear the phone over the music. Complainant does like the establishment and other neighbors also complaining on the volume of the music. WOODWARD, FIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW July 12, 2016 CRAIG R WOODWARD Board Certified: Real Estate Honorable Donna Fiala VIA EMAIL MARwooDwARte Boar Board Certified: Real Estate dC Board of County Commissioners Collier County, Florida ANTHONY P. PI RES, JR Board Certified: City; County, C/O Michael Bosi, AICP and LocalGovemment 2800 North Horseshoe Drive J. CHRISTOPHER LOMBARDO Naples, Florida 34104 Board Certified: Marital and Family Law Re: ADDITIONAL MATERIALS (SECOND SUPPLEMNTAL SUBMITTAL); ROBERT E. MURRELL APPEAL PL20160001347 (the "Appeal') relating to BCC directed Re- OfCounsel evaluation and Re -issuance of Administrative Parking Reduction, APR- CATHRINEAHUNTER PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, LL.1 L(Taxation) Florida, Folio Number 79122440003 ("Beach Box Cafe" "Beach Box Cafe Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re - Issuance") JENNIFER L. DEVR[ES JENNIFER M. TENNEY Dear Commissioner Fiala: LENORE T. BRAKEFIELD MATTHEW P. FLORES As noted in the timely Appeal filing made on June 15, 2016, and in my first J. TODD MURRELL supplemental filing on June 17, 2016, the listed parties to this appeal (the "Parties") specifically reserved the right to further amend, modify or supplement the filing and JOSEPH M. COLEMAN Appeal with additional arguments and materials. No rights, concerns, arguments, positions or objections of the Parties appealing the decision or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional arguments and materials before the Board of Collier County Commissioners ("BCC') is again specifically reserved. The following are further and additional materials to supplement the previous filings while again reserving the right to further amend, modify or supplement the filing and Appeal with further and additional arguments and materials: 1. Composite Exhibit "P"; photographs taken during the Fourth of July weekend showing unlawfully parked vehicles in both the front and back of REPLY TO: South Bay Realty and also showing parking spaces in front of the Beach ® 3200 TAMIAMI TRAIL N. Box Cafe blocked off by cones and/or canopies. SUITE 200 NAPLES, FL 34103 239-649-6555 Respectfully submitted, 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 P.O. BOX ONE MARCO ISLAND, FL 34146 nt y P ares, Jr. Esq. 239-394-5161 239-642-6402 FAX APP/Ig WWW.WPL—LEGAL.COM Enclosure(s) Cc: with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala COMPOSITE EXHIBIT «P,5 TO THE SUBMITTAL APPEAL OF THE APR-REISSUANCE CONCERNING U 1 9 t�t�LLtt ii r �,-♦ ,f1''i, 6,EeCN adx �•,'^ f' t xr�.� �' j 4, .: w . ti's•'' .. '. t, • \ • �. ;� i � _ _ •moi I ' ", •, - r • ,"f� � - - _ Vii,, , 0. low pr BEAEH Bay D Bocrds paddle SUP 1 Bike Relito s 0. 714 17 • � � 9000-9032 F e ,i�► BEACH Buy x�!'•, r�,\�• _ _ I.• pivrr.fNb 11 .�� IL �l - ` Paddle Boards i „�1 ' 1 SUP/ Bike Rentols '` �� 7' t40 "'fi .,Q�v \ �?. � � -. • i4 ..i) � '!{�e.iy 7t ..}' 15 a ?t it ,�y�lv'�, , � � . F' s' a r�-{ Z y ' R f•L "� 'T^ s� S J ,d!r �.� i 1 a 9 }hs�i� i i sh s f! 4t q y 1... ,-+YC15,.: ~ J xY'cn •K a a '?`y '« ,r'Fi -+r 'tM �- 2 er, -.-,y'yf'w Fk . 4- .. 'aY ��s-\ � 1 'Y -:✓ '`h �'�'i. ra {�o� `; y� fir• . n�+7f�� nyy t;��.,�+f - .. T f �" � "'♦ �`a'.� �ti� i � i1 Fes' \"•W s:- a\�'�• st""aa� ti • l . � F � i-! , ja _ K' �y�y..•��}a ��>.' ,.C. i ■y�y �y ' � I{•t�11J. 1 tt �I�� w� . •io- �b .Gyl ,s n r - "' c GOEDE / ADAMCZYK / DEBOEST / CROSS ATTORNEYS AND PROFESSIONAL COUNSEL INFO@GADCLAW.COM / WWW.GADCLAW.COM Hand -delivered September 7, 2016 The Honorable Donna Fiala Chair, Board of County Commissioners Collier County, Florida c/o Michael Bosi, Director of Planning and Zoning 2800 North Horseshoe Drive Naples, Florida 34104 Re: Appeal of August 12, 2016 unlawful revocation of APR-PL20150001922 Dear Commissioner Fiala: As you know, this Firm represents the Beach Box Cafe, the current beneficiary of the referenced Administrative Parking Reduction (""APR"). Enclosed, pursuant to § 250-58 of the Collier County Code of Laws and Ordinances, please find an appeal of staff's August 12, 2016 wrongful "denial" and permanent revocation of the APR. I have also included a check (#15360) in the amount of $1,,000 to cover the fee associated with this request. By this communication, we respectfully reserve the right to further supplement the record in this matter. If you have any e tions or concerns with the information we have provided, do not hesitate to contact me at (239,3'31-00. Thank you for your time and consideration. For tJaerFirm, ri a of Cross cc: " Clien Cor issioner Georgia Hiller (District 2) Coissioner Tom Henning (District 3) Coissioner Penny Taylor (District 4) Commissioner Tim Nance (District 5) Leo Ochs, Jr., County Manager Jeffrey A. Klatzkow, County Attorney 8950 Fontana Del Sol Way, Ste. 100 2030 McGregor Boulevard Naples, Florida 34109 Fort Myers, Florida 33901 2600 Douglas Road, Ste. 717 4800 N. Federal Highway, Ste. 307D Coral Gables, Florida 33134 Boca Raton, Florida 33431 P. 7140 Qgl Kenn p• *:),IQ Qg'i I)a01) P: 786.294.6002 P_ Rri 'AAQ 09nn •..�.M.ta47 ' yfA�'&'r,Co ":Y Yd'�'"rNxdm . M 'Jaem COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.net PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED IT" I TMIUM -MEN' NAME OF OWNER Beach Box Cafe 1 Vaguna Corporation ADDRESS 9020 Gulf Shore Blvd. N. TELEPHONE # 239-331-5100 CITY Naples STATE FL ZIP 34108 CELL # 239-777-7124 FAX # 239-333-2999 E-MAIL ADDRESS bcross@gadclaw.com (Brian Cross, Esq.) NAME OF AGENT/APPLICANT Brian 0. Cross, Esq. FIRM Goede, Adamczyk, DeBoest & Cross, PLLC ADDRESS 8950 Fontana del Sol Way CITY Naples STATE FL Zip 34109 TELEPHONE # 239-331-5100 CELL # 239-777-7124 FAX # 239-333-2999 E-MAIL ADDRESS bcross@gadclaw.com REQUEST DE`rAlL Appeal of Application No. AR/PL- 20150001922 pp pp (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. STATEMENT BASIS OF APPEAL The basis of this appeal is summarized as follows: (1) staff lacked any proper basis for revoking the administrative parking reduction ("APR"); (2) the Board's direction to staff to "reevaluate" the APR months after its issuance was an ultra vires act; (3) the process that resulted in the APR revocation was in direct contravention of County ordinances; (4) there was never a "reissuance" of the APR as suggested in staffs May 18th and August 12th correspondence; (5) the APR is justified based on the existing submittal, in light of known heavy pedestrian and bicycle traffic at this location; (6) the holder of the APR should have been given an opportunity to address any parking deficiencies prior to revocation. HISTORY: 2015: Pursuant to the procedures set forth in Section 4.05.04.F.2 of the County's Land Development Code (see Exhibit A), the applicants applied for the APR on or about August 25, 2015. Under this LDC provision, the review, approval, and administration of APRs has been delegated to County staff. Staff reviewed the submittal and approved the APR on September 22, 2015 (see Exhibit B). The justification for the approval included evidence of the "unique nature" of the specific use at this location, including nearby street and public garage parking, as well as "foot traffic from the adjacent public beach," and nearby paddleboard sales and rental operations "dependent on walk-up users." Under § 250-58, Code of Laws and Ordinances, the window for any appeals to staffs September 22nd approval expired on October 22, 2015. Since that time, in reasonable reliance on the APR approval, the applicant has invested hundreds of thousands of dollars in improvements. These improvements include additional seating, tables, lighting, services, restrooms, and other business improvements to accommodate customers, including public beachgoers. The September 22, 2015 APR approval irrevocable vested development and use rights in the applicant, subject to the following condition (among others not pertinent to the instant matter): If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. (Emphasis added.) 2016: On April 12, 2016, nearly six months after the appeal window had closed, a petitioner appeared before the board of County Commissioners in opposition to the APR (Item 6.A), and requested that the Board "direct staff to reevaluate" the APR. Despite being several months past the deadline to challenge staffs issuance of the APR, and in direct violation of the prohibition on Board interference with staff in the performance of their delegated duties, the Board unlawfully directed staff to "reevaluate" the APR. As part of this politically motivated reevaluation, the Beach Box provided written correspondence to staff on April 28, 2016, stating its position and concerns (see Exhibit C). Staff dutifully complied with the Board's direction, and confirmed the validity of the APR after its second evaluation. A written decision was issued on May 18, 2016. Curiously, rather simply confirming the validity of the APR, staff deemed their reevaluation and confirmation as a "re -issuance" of the APR, even though the APR was issued in September 2015 and had not been revoked. The use of the term "re - issuance" is not accurate, but it is significant, as it created a purported appeal right in the petitioner. The petitioner then appealed that staff "re -issuance," pursuant to § 250-58 of the Code of Laws, and was set for a hearing before the Board of Zoning Appeals on September 27, 2016. During the course'of staffs review of the untimely and improper appeal, staff "became aware" of § 130-79, Code of Laws and Ordinances, which restricts use of the nearby beach parking garage to those "utilizing" the public beach and beach park (a copy of the pertinent provisions of that ordinance is attached as Exhibit D). The original APR application referenced the 375 parking spaces in the nearby Vanderbilt Beach Parking Garage as part of the justification for the APR request. According to staff, because the beach parking garage is limited to those "utilizing" the beach, any mention of the parking garage as justification for the APR was a fatal flaw, requiring revocation (even though APR's are irrevocable). Surprisingly, rather than providing the applicant an opportunity to address any resulting deficiencies in the APR consistent with the above -quoted condition in the APR, on August 12, 2016, staff informed the applicant that the APR was "denied" and immediately revoked it. After revoking the APR, staff informed the applicant that its options were: (1) file a new application for APR (start over); or (2) pay over $1,500 in fees and appeal staff's denial to the BCC/BZA. The applicant has obviously chosen the latter option. 1. No basis for revoking APR: As noted above, the APR gave the applicant vested rights to a reduction in on-site parking. These vested rights are subject to a condition that, if staff deems it necessary, the owner may have to make adjustments. This condition has never been met: County staff has never "deemed it necessary" to address parking problems at the site; staff has not proven that the existing number of parking spaces is inadequate; and staff has never requested that the owner "address any additional parking needs" or "reduce business operations". In fact, staff completely ignored the condition of approval, and revoked the APR (an existing and vested use) nearly a year after its issuance without any proper basis, to the severe detriment of this small business. 2. No Board authority: The Board did not have the authority to direct staff to reevaluate a properly issued APR, and its direction to staff was an ultra vires act of the Board. The process that resulted in the APR revocation was in direct contravention of County ordinances, and was a flagrantly unlawful political intervention into staff operations that are designed to be apoiltical. The Board - directed reevaluation was based on the third condition contained in the original APR approval (see excerpted April 12, 2016 Board minutes, attached as Exhibit E). This condition states as follows: C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. (Emphasis added.) There is no right for a third -party to challenge of an APR approval beyond the 30 -day window set forth in § 250-58 of the Code of Laws and Ordinances. There is no right for a third party, several months after an APR approval, to petition the BCC to unlawfully direct staff to "reevaluate" their properly -granted approval. In fact, the condition above requires proof of inadequacy of existing parking spaces. There is no new evidence since the granting of the APR to suggest that the existing parking spaces have "proven to be inadequate". 3. Defective process: When the BCC forced staff to reevaluate the APR, they violated § 2-79 of the County Administrator's ordinance (see Exhibit F), which prohibits BCC "interference in the performance of the duties" of the County Administrator's staff "except for the purposes of inquiry and information." Therefore, both the Board's ultra vires direction to staff on April 12, 2016, and all subsequent staff actions that followed within the reasonable scope of that direction, were unlawful. 4. APR was never "re -issued": Contrary to Mr. Bosi's May 18th and August 12th letters (attached as Exhibits G and H, respectively), the APR that was issued in September 2015 remained in "issued" status until its abrupt revocation on August 12, 2016. The May 18, 2016 "faux" staff "re -issuance" was made under political pressure, and created the purported appeal right that led to the APR revocation. As Mr. Bosi stated in his August 12, 2016 revocation letter, the revocation was necessary "based off of information contained within the appeal (PL -20160001347)". By this reference, applicant incorporates the record in the appeal (PL -20160001347) into the instant appeal. 5. Heavy pedestrian and bicycle traffic: It is widely known that the Vanderbilt Beach access point is one of the County's busiest beach access points (see Exhibit I), and used by hundreds of thousands of beachgoers annually. The original APR application clearly makes reference to "beach -related pedestrian traffic," "foot traffic from the adjacent beach," and "walk-up users". The Beach Box' customers come on foot, from the beach, nearby hotels, neighborhoods, and beachfront condominiums. They are also dropped -off at the access point, which provides ample parking for bicycles. The Beach Box is located about 200' from one of the County's busiest beach access points, which is enjoyed by hundreds of thousands of beachgoers annually. We have also attached a survey indicating that, of the approximately 67% of patrons either "walked or biked" to the Beach Box Cafe (see Exhibit J). This survey was previously submitted into the record in this matter, in conjunction with staffs review of the APR. 6. No opportunity to make corrections: As noted above, once issued, the APR is subject to a condition that, if triggered, could require the Beach Box to make parking or business adjustments. Setting aside the clear procedural defects, unlawful Board action, and lack of any proven inadequacy in parking or deemed necessity to make adjustments, the condition of approval requires staff to give the applicant an opportunity to address parking deficiencies. Despite multiple requests to address any deficiencies, applicants were given no opportunity to comply with the primary condition of approval prior to the unlawful APR revocation. Summary: Through a convoluted series of unlawful events, and without any proper basis, the County improperly denied and revoked the Beach Box's APR. The revocation threatens a significant economic loss to the Beach Box, a local small business that made considerable investments in reasonable reliance on the approvals it properly obtained. We demand that the Board adhere to its own ordinances, allow staff to do its job without political interference, repudiate staff's unlawful revocation, and direct staff to reinstate the APR that was properly issued on September 22, 2015, and improperly revoked on August 12, 2016. EXHIBIT A 4.05.04 - Parking Space Requirements F. Minimum requirement. ' 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant `has provided evidence that a ' specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. to making such a determination the county Manager or designee may require submission of parking generation studies} evidence of parking ratios applied by other counties and municipalities for the specific usel reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 4 EXHIBIT B Coder C014H4047 Grown, Management Dbepa nt Zoning Division September 22, 2015 John Podczerwinsky, Project Manager Davidson Engineering, Inc. 43.65 Radio Road, Suite 201 Maples, FL 34104 RE: Administrative Parking Reduction APR.-PL2015 0001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Podcozerwinsky: In your Administrative Parking Reduction (APR) application you request a reduction -in the number of parking spaces required for the. subject site in accordance with Land Development Code (LDC) Section 4.05.04,F.2. This section of the LDC states that the County Manager or designee may detennine the minimum P. requirements for a -use which is not specifically referenced in that section or for which an. applicant has provided evidence dist a specific use is of such a. unique nature that the applicable minimum parking ratio listed in the LDC should not be applied, The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The cafe would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses requite 47 spaces, the site has a of 16 spaces, a deficit of 31 spaces, The Zoning Services staff has reviewed your APR. request. A deficit of 31 spaces would no -A be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafe. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For, this reason the APIA meets the requirexn�ents of LDC Section 4.05.04.F.4. Given the information above, I hereby approve this Administrative Parking Reduction. for 9002 Gulf Shore Drive under the fallowing conditions: A. Approval of this Adnninistrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. ------ 2800 North Horseshoe Drive Naples, FL 34104.239-252-2400 • www.colliergomet B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other d= a cafd, retail, office, and residential in the square-footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. If you should have any questions, please do not hesitate to contact me, Sincerely, Mike Bosi, AICD, Director Zoning- Division cc: Raymond V. Bellows, Zoning Manager • EXHIBIT C GOEDE / ADAMC YK / DF.BOEST / CROSS ATTORNEYS AND PROFESSIONAL CDUMSEL iNFC a@GADCLAV%V.COM / WWW.GADCl.AWCOM Sent via electronic mail (michaelbosi@colliergov.ne elEows@coliiergov.net) April 28, 2016 Attention: Michael Bosi, AICP Director, Collier County Zoning Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Board -directed "Reevaluation" of APR-PL20150001922 Dear Mr. Basi This Firm has the pleasure of representing the Beach Box Cafe, current holder of the Administrative Parking Reduction (APR) referenced above. The purpose of this communication is to offer information for your consideration in the "reevaluation" of the APR. As you know, in conjunction with a public petition by the Vanderbilt Beach Residents' Association at the April 12, 2016 Board of County Commissioners (BCC) meeting (agenda item 6.A), the BCC directed Staff to "reevaluate" the APR. We understand that you are the primary Staff member assigned to this reevaluation. We also understand that your reevaluation is not based on a timely challenge to the APR approval, as provided in Code of Laws § 250-58. Instead, your reevaluation will be based on the third condition contained in the APR approval. This condition states as follows: C. If at any time it deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. (Emphasis added.) We are not aware of any provision in County ordinances or policies that would allow for third -party challenge of an APR approval beyond the 30 -day window set forth in § 250-58 of the Code of taws and Ordinances. Also, we are not aware of any provision that would allow a third party, long after an APR approval, to petition the BCC to force Staff to "reevaluate" their properly -granted approval. In fact, the condition above requires Staff determination of necessity to make changes where existing parking is "proven to be" inadequate. We submit that this condition, as written, does not allow for third party enforcement, or forced reevaluation, through petitions to the BCC, several months after the 30 -day window for challenge has passed. 8950 Fontana Del acyl Way, ate. 100 2030 McGregor Boulevard Naples, Florida 34109 Fort Myers, Florida 33901 2600 Douglas Road, ate. 717 4800 N. Federal Highway, Ste, 307D Coral Gables, Florida 33134 Boca Raton, Florida 33431 R. + ta'i M. r l Ire A n We have serious concerns over the legality of this "backdoor" forced reevaluation, and the clear interference of the BCC with Staff determinations. This is an apparent violation of § 2-79 of the County Administrator's ordinance, which prohibits BCC "interference in the performance of the duties" of the County Administrator's Staff. Notwithstanding these concerns, because you are the Staff person carrying out the Board's forced reevaluation, we submit the following information for your consideration in your reevaluation of this matter.- 1. atter: 1.. Section 4.05.04.F.2 Land Develo ment Code Exhibit A . This provision in the LDC provides the basis for granting an APR, and clearly provides that the APR review and approval process is the function of the County Manager or his designee. Pursuant to this provision, the application for referenced APR was properly submitted on or about August 25, 2015, and was properly granted on September 22, 2015. 2. Sec. 250.58 Code of Laws and ordinances Exhibit B1. Under this ordinance, any party challenging the grant of the APR has 30 days to challenge Staffs decision. Notably, the public petitioner in this matter is, in effect, challenging the grant of the APR six months after the Staff approval. 3. Letters from neighbors Exhibit C . The petitioner provided five letters from area businesses, purportedly in support of their petition. However, on closer look, it appears that one of the letters was from a competitor (Beach Store), and therefore not credible; two contained unproven allegations that Beach Box employees and customers were trespassing in their parking spaces (Lighthouse Inn, South Bay Realty); a letter from a "Director" of the Beachmoor Condominium, which is unclear as to whether the "Director" represented himself or the Beachmoor; and a letter stating that "the Beach Box has not specifically caused us to experience any problems" (Turtle Club). Contrary to assertions made by the public petitioner's attorney, and as evidenced by the petitioner's letters from nearby residents, there is no consensus among the residents and businesses in the area as to the need to reevaluate, or make any changes to, the properly granted APR. 4. Favorable comments Exhibit D). As noted above,. petitioner's "letters from neighbors" in support of reevaluation are suspect, provide no "proof' to support a finding of inadequacy in parking, and do not establish or otherwise reflect consensus among area residents and businesses. In order to more firmly establish community sentiment as to the propriety of the APR, we have attached various letters and emails in support of the Beach Box Cafe and its positive impact on the area. We have also attached a survey indicating approximately 67% of patrons either "walked or biked" to the Beach Box CaM. We have included an article from the Naples Daily News relating to the public petition, along with public comments on the story (most of which are supportive of the Beach Bo)'s APR). Finally, we have attached a group 2 photograph, representing the positive impact of the Beach Box Cafe on the local community through beach cleanups and other community events. 5. No new evidence: The condition above requires proof of inadequacy of existing parking spaces. However, there is no new evidence since the granting of the APR to suggest that the existing parking spaces have "proven to be inadequate". Further, this has long been an area where parking has been a challenge. The Beach Box Cafe, a new and successful small business in this area, did not start this problem. In fact, requiring additional parking will only increase the number of vehicles in the area, which will only worsen parking and traffic challenges in this already congested area. 6. Remedies for illegal parking: The petitioner has stated that there is a problem with illegal parking in the area, but has provided no proof that the parking is related to the Beach Box's APR, which actually reduced the amount of cars at the location. Given the parking concerns, the appropriate mechanism for illegal parking is not to revoke, or even reevaluate, a properly granted APR. Instead, illegal parking should be referred to appropriate enforcement agencies for investigation and enforcement. We urge you to consider this information in your reevaluation of this properly granted APR. The petitioner missed the window to challenge the APR. Since the issuance of the APR and the expiration of the 30 -day window to challenge the APR, our client has spent considerable resources in additional seating, tables, lighting, services, restrooms, and other business improvements to accommodate public beachgoers. If the concern is over lack of notice of the granting of the APR, the appropriate remedy is to amend the LDC to require notice -- not to hurt a business that has invested thousands of dollars in reliance on Staffs properly granted approval. if you have any questions or concerns with the information we have provided, do not hesitate to contact me at (239)331-5100. Thank you for your time and consideration. For the Firm, BriaryV. Cro CC* Cliff` Ray Bellows K 4.05.04 - Parking Space Requirements F. Minimum requirement. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. Sec. 250-58. - Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from. shall be deemed affirmed. The Beach store Of Naples 155 Vanderbilt Beach -Road Naples, Fl 341,08 March 10, 2016 Collier County Board Of County Commissioners 3299 Tamlami Trail E. Naples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: Our store currently operates its' business through the use of seven parking spaces (4 customer parking spaces, 1 handicap space, and 2 employee parking spaces). Since the opening of the Beach Box Cafe, my parking spaces have been used repeatedly by the Beach Box employees and its! customers. The Beach Box has; inadequate parking to operate Its! business. Even after the completion of the County parking garage,, and prior to the opening of the Beach Box, there was a substantial shortage of parking for Vanderbilt Beach. The operation of the Beach Box has added even more to the parking shortage. The approval of a large reduction to parking requirements for the Beach Box was a total disregard to the existing parking conditions in the area. It has made a bad situation even worst. Any business that operates in any area in Collier County should have to provide the required parking spaces as based In the .and Development Code. NO gXCEPTIONS, Sincerely, David J. Jeskie Owner The Beach Store Of Naples Phil Brumbach Beachmoor Condominium #701 90b1 Gulfshore Dr. Naples, FL 34108 Friday, March 11,209 8 Board of County Commissioners 3299 Tamiami Trait East, Suite 303 Naples, FL 34112-5748 RE: Beach Box Cafe -Inadequate Parking Approvals by Collier County Officials Dear Commissioners Fiala, Henning, Hiller, Nance and Taylor. Our Condominium Association has three (3) parkling spaces on the Gum re Dr. side of our property, reserved for t� by Beachmoor guts and handicap parking. Since the Bead Box Cafe vastly increased it's traffic footprint in our neighborhood, we frequently have their overflow of vehides using our reserved spaces for Bead Box patrons. In addition, many of these parking violation patrons are not amenable to moving their automobiles and trucks from our property. Some are downright belligerent and ask "where are we supposed to park" Frankly, this is a Beach Box problem that has now become ours. Recently, Collier County Staff approved a reduction in Bead Box parking requirements without notice to us as an affected neighboring properly. it seems obvious that the Bead Box Cafe does not have adequate set aside parking, includes only one (1) handicap space, and is in vioiaflOn of existing Collier County Codes. The rent approval by Collier County Staff for reducdons to required parking were Inappropriate and should to be reversed. Bead Box Cafe should provide the -required parking spaces incompliance with current Collier County Cues. A response to my concerns would be appreciated,. Vey truly yours, C_J li Philip C. Brumbach DirectDr Beachmoor Condominium Association April 1 3, 2016 Dear Commissioners, My Family and I are proud full time Naples Residents for almost 13 years. I have been with John R. Wood Properties for more than 10 years, am a member of the Ritz Carlton Spa and a frequent visitor to the Beach Box Cafd and our John R Wood office located at 9000 Gulfshore Drive. My Family and I LOVE the Vanderbilt Beach area and also frequent the beautiful, public, Vanderbilt Beach(again for almost 13 years) It is because of my admiration for the Vanderbilt Beach area and the Beach Box CW(and all businesses in this area) I feel the need to comment on the VRBO's recent request for the commission to reverse a properly made, decision by the commissions own staff members. The administrative parking reduction that was properly granted to the Beach Box CW did not remove and does not seek to remove any physical parking spaces. This administrative reduction allowed Beach Box to provide the additional seating. needed to serve the most popular beach in our County with the many patrons that are already at the beach. The County decision to allow for a parking reduction for Beach Box. has not created, nor has it added to the parking issues faced by Vanderbilt Beach... I truly believe this(as does my family and many many others I know). Vanderbilt Beach continues to experience an ever-increasing census of people visiting the area, and during spring break weeks, at the -height of our season and the most beautiful weather in months, the crowding is due simply to the attraction of our beautiful beaches and their amenities. Beach Box CW provides a much -needed public service to the beach by providing a solution for families to eat and drink at a reasonable price within walking distance of the beach. The crowds at the beach are ALREADY THERE TO ENJOY THE BEACH and are not there solely because of Beach Box. With more than 3 miles ofprivate beach to the south of the Beach Box Cafd and the most popular Ritz Carlton in the world adjacent to this beach, the options for families to dine -in, grab an 'ice cream and drink are very, very limited. We applaud the county for it's foresight in granting the parking reduction and pray that the commission leaves a good decision alone so that the many public visitors to our beautiful beach can continue to have food and drink choices while they take in the best that Vanderbilt Beach has to offer. Sincerely, Patrick Dearborn Director -John R Wood Properties Gulf Shore Magazine '2011-2016 FIVE STAR Real Estate Agent' 'Multi. Million Dollar Producer 2004-5-0- -2016' SM 10 . . . 239-877-4340 mobile 239-298-5352 office xtk4.kk`' Xt www.iLovgNapleaFLA.com John R. Wood Properties 1185 Immokalee Rd. Suite 300, Naples, FL 34110 April 13, 2016 Dear Commissioners, I have been watching the recent articles in the News and reading about the recent request by the Vanderbilt Beach Residents Association to reverse the county's decision to grant Beach Sox Cafe an administrative parking reduction. I am a local resident of Vanderbilt Beach and live in the building immediately behind Beach Box Cafe. I walk to the beach regularly from my condo several times per week. During the peek of season, when the weather is nice and the beaches are packed, parking is an issue, However, this issue was not created by the county Issuing the Beach Box Cafd their parking allowance. To the contrary. Most of the people in the area, like myself, walk to the beach box cafd and surrounding businesses. I have also noticed that the majority of the people that frequent the Beach Box Cafd are already parked and already visiting the public beach. It Is a convenience and not a destination in my view. For the life of ane I cannot understand why our local residents association has taken up an issue targeting one of our local businesses. Beach Box has been nothing but good for this area. Prior to the completion of the bar and cafd that corner was a dimly lit, abandoned lot full of trash, and was in general a run down corner area that has now been beautified by the restaurant. It Is lit, bright, clean open and invidn& We love Iti The local residents love the Beach Box Cafd and it Is one of the only places for our beach visitors to eat and drink within walking distance from the beach. As a local resident I would hope that our local residents association would work with local businesses and not against them. The local residents are delighted with the county's decision to grant a reduction in the required spaces that makes sense because the traffic is foot traffic and not vehicle traffic. I ask the commission to stand by the decision made by the staff members and leave the parking as it stands. Thank you for your consideration, Dan Clark �} Vanderbilt Reach, Naples FG 34108 o� (oo Soc*h b&V fir. V 2 Ir April 12, 2016 QUINN BOARDS PADDLE SHOP, VAAiDERB1LT BEACH FLORIDA Dear Commissioners, I operated Quinn Boards (a bike and stand up paddle board rental and retail surf shop) from the same location that now houses the Beach Box Cafe. I opened my doors in 2011 and have watched this area grow from many of the same windows that the Beach Box Cafe now looks out of. The Vanderbilt Beach Residents Association over the years has taken up many of these issues "on behalf of its members", which really turns out to be ion behalf of its board acting alone. The parking issues on Vanderbilt Beach were not created, nor have they been made worse by the Beach Box Cafe The Cafd provides a convenient place where people who are already visiting the beach can walk across the street and get a bite to eat and a drink at a reasonable price. I know this possibly better than anyone else because I personally know many of the people enjoying this reasonabirpriced cafd, The Ritz Carlton and neighbors like the La Playa resort are beautiful destination spots for tourists and visitors but are not a cost effective place for local families, and public beach goers to eat: Quite to the contrary of the VRBO claim, I have personally watched a reduction in the traffic and parking issues as people for the first time had an option to NOT leave the beach and come back during the lunch hour but were now able to walk on foot to a place 50 yards away and go right back to the beach. I used to watch the cars conte and go during these busy hours as people left the beach to eat and return. It was a mess, and thanks to the county, it has gotten much better. I applaud the county for doing a great service and the county staff' for properly granting the reduction to the Beach Box Cafd. ,All this has done is allow people who are already at the beach to have easy access do a sit down place to eat and get ice cream. It would be in the public interests to allow this administrative parking reduction to stand as is. �# I Warm Regards, Scott Quin .....did you ever ask yourself why a local "residents association' has taken up this issue when most of the residents they represent are actually in favor of the counts decision? Dear Commissioners: April 7, 2016 Mari Vesci has operated from the same location where the Beach Box Cafe exists for 3 years. Over the years we have. seen the parking situation become increasingly more complex due to the incredible growth and popularity of Vanderbilt Beach. Mari Vesci rents parking spaces from the same land lord and shares the same parking areas and parking lot as the Beach Box Cafe. We do not have problems with Beach Box patrons or employees parking, but rather a problem in general with the volume of beach goers seeking parking. The parking challenges are in no way related to the administrative parking reduction granted to Beach Box Cafe. While Beach Box patrons also park and visit the public beach, the problem is not related to the Beach Box Cafe. When asked the Beach Box Cafe has been helpful and responsive to patrolling the parking areas to help deter their patrons from utilizing marked parking spaces. Sincerely, ari Vesci 000 Gulf Shore Drive Naples, FL 34108 Subject: FW: No Action Need/ Re Beach Box Cafe Administrative Parking Reduction From: Gary Brecka <eary.brecka beachboxcafe.com> Date: Wednesday, April 1% 2016 at 3:32 PM To: <NickCasalan uida@colliereov.net>, <maryiobrockOcolliereov.net>, <.leffKlatzkow@collier. ov.net>, <mehaelbosi@collier ov.net>, <DavidWilkis n collier ov.net> Cc: Sohn Marques <'ohn.rnar ues beach oxcafe.com>, Ralph Cioffi <rrcioffiemail.com>, "Pritt, Robert" <RPritt@ralaw.com> Subject: No Action Need/ Re Beach Box Cafe Administrative Parking Reduction Dear Commissioners, On April 12th you were asked by Mr. Anthony P. Pires on behalf of the Vanderbilt Beach Residents Association to reconsider the administrative parking reduction properly granted by your staff to the Beach Box Cafe. To date, you have only heard from the Plaintiff in this matter who's self serving interests are to have our restaurants parking consideration reversed by the county. However, you were not given the whole picture. The vast majority of the local business and residents of Vanderbilt Beach are in favor of the existing parking reduction as it allows persons who are already at Vanderbilt Beach to walk off the beach and return to the beach after having a place to sit down and eat and drink within walking distance. You will. see that the Beach Box Cafd is considered by most local residents and businesses to be a public service to the busiest public beach in our county. (Vanderbilt Beach) While the complaint seems to stem from several local business, of the 5 letters that were submitted to the commissioners, two of those business have no issues at all with the parking decision, and are not seeking the reversal, and the other 3 business have never contacted us to even make us aware that there was any problem with the Beach Box Patrons using their parking spaces. In fact, these business did not write these letters of their own accord, each of them was solicited by the Vanderbilt Beach Residents Association to write tetters appearing to support the reversal of the County's parking decision as is evident in the letter from the Vanderbilt Beach Resort Hotel. We are within walking distance, a phone call, email or text away from easily being able to sit down with any of our neighbors and work together to solve the issues that face us as local business. Having not ever brought this to our attention, but rather going straight to the county commissioners quite frankly, blind sided us. in short, please allow me to explain what you will see in the attachments hereto. I would also like to note that the Beach Box Caf6 has had scarcely 24 hrs to respond since yesterdays hearing but the outcry and response to this assault on the county's decision has been overwhelming. Essentially, the loud vocal outcry of few, pretending to speak for many. 1. Letter from Mari Vesci/John R Weds (tenant in same building) requesting the county to leave the decision alone 2. Letter from Patrick Dearborn (local resident, John R Woods board member) requesting the county to leave the decision alone 3. Letter from Dan Clark (local resident of SouthBay Drive) requesting the county to leave the decision alone 4. Letter from Scott Quinn/Quinn Boards (former local business) requesting the county to leave the decision alone 5. Survey/Petition of 24 (so far, we will continue until we have over 100, or more if needed) visitors to Beach Box Cafe showing of 24 people only 2 of the 24 people drove here for Beach Box Cafe. The rest eider biked or walked, or drove here to visit the beach and walked cif the beach to the Beach Box Cafe. 6. Naples Daily News Article and corresponding public comments to demonstrate the public opinion of this topic. There are over 30 comments from the public (this is the Naples Daily News Facebook post and has nothing to do with Beach Box Cafe's page or patrons) 7. Naples Daily News article shows South Bay Realty's Sebastian Paguni (who previously wrote a letter when solicited by the VBRA) retracting their statement publicly. 8. We are troubled that the Vanderbilt Beach Residents Association for which we have been members has declined to participate in our Beach Clean up events and other community programs but has orchestrated this action with the County without so much as even reaching out to us on the matter. We are literally 100 feet away. 9. 1 have personally met on more than 5 occasions with the Board of the Vanderbilt Beach Residents Association (and are willing to meet again on this issue) and this issue was never brought up. This has not been mentioned once to us by the VBRA. We have never even been made aware that the association was considering this to be such an issue. We would welcome a simple sit down. In short, we are asking the County Commissioners to stand by their staff members decision and hoping that the Vanderbilt Beach Residents Association and any of our neighboring businesses will sit down and meet with us to work on solutions, rather than hire lawyers, litigate, and sandwich the county in between private business interests. We want to work with our local business and residents, it is good for our business and good for our community. With Deepest Regards we ask the County Commissioners to stand by the staff members decision. Sincerely, Gary Brecka, Ralph Ciofg, John Marques Owners, Beach Box Cafe Vanderbilt Beach, FL 34108 (305)-978-1480 --we---msa Original message From: leblancsnu.aot.com Date: 4/25/2416 10:42 AM (GMT -05:00) TO: nickcasalan4uida�colliergov.net, maryiobrock�u.colliergov net, davidw�ilk„ io��colliereov.net, m ichaelbois&collier ov.net Subject: Re: Support for The Beach Box Cafe Administrative Parking Reduction To Whom it May Concern, Recently, a report was broadcast on NBC -2 regarding the backlash caused by a local condominium association in challenging a request made by The Beach Box Cafe. This request was for additional seating to be added to the restaurant to accommodate its growing crowd of beach -going customers. The request was originally granted by Collier County but now the condo association is taking issue with the potential elimination of 5 parking spots in front of the Beach Box Cafe. Please allow a brief, objective observation: 1. Beach Box Cafe would be eliminating 5 parking spaces that are restricted to patrons of the Beach Box Cafe.. -they are taking THEIR OWN SPOTS...the parking spots do not belong to the city, county or the condo association. 2. According to the owner of the Beach Box Cafe, a survey of his customers was performed and the overwhelming majority of those responding to the survey (all customers of Beach Box Cafe) stated they went to the restaurant by foot or bicycle. This leads one to believe the shortage of parking is NOT due to folks patronizing the Beach Box Cafe. 3. Parking has been a problem at the popular Vanderbilt Beach access point for many years. The Beach Box Cafe has only been in existence for a relatively short period of time. This condo association initially fought against the Beach Box Cafe becoming a reality. Now they are trying to blame a year's old problem on the "new kid on the block". One does not have to look very deeply into this situation to understand what is happening. Many residents in the area have spent a lot of money to call this area "home". Vanderbilt Beach has long been a popular public beach destination which, in tum, results in a strain on available parking. The addition of a new and popular restaurant to the area creates more congestion. All of these things are true. What is a travesty, however, is the Beach Box Cafe becoming a SCAPEGOAT for the dour disposition of the members of this condo association. There are potential remedies for this problem and the proper way to address -the situation is by working with the local government to come up with the best solution that both works and Is affordable. The Beach Box Cafe is growing because their ownership and management are doing the right things with regard to building a successful business; providing good product and service at a fair price, giving back to the community they derive their living from with multiple acts of kindness, charity and good will and making good -faith attempts to rectify any perceived problems in the neighborhood. As long-time charity proponents, we have had the pleasure of getting to know and partner with the Beach Box Cafe ownership/management team and are very proud to speak on their behalf. We have already participated in two beach cleanup operations organized by the Beach Box Cafe. It was truly a blessing to be involved in these efforts which served to educate citizens (both young and not so young), raise funds for worthy youth causes and instill a sense of common good will and stewardship of our vital natural resources. The Beach Box Cafe is a good neighbor and they know the importance of giving back to the community from which they derive their living. In summary; the parking problems at Vanderbilt Beach are nothing new. The Beach Box Cafe is not the cause of the parking problem. Instead of pointing fingers and assigning blame, why doesn't everyone get together and see if a solution can be attained? Just a thought. Respectfully, Steve & Chris LeBlanc -----original Message----- From: Tim Martarano <rock22ilIa[@Ahoo.com nickcasalanquida <n ckcasalanguidaCa'�Collier ov.net>; marAobrock <maryIobrock�_oolIftov.net>; davidwilkison <davidwilkison _ Ilieraov.net> michaelbois <michaeibois _colliergov-net> Sent: Fri, Apr 22, 20161:17 pm Subject: Support for The Beach Box Cafe Administrative Parking Reduction Gentlemen, My wife and I have been residents of Naples for 20 years. As we are both still working, our opportunities to enjoy the worlds best beaches are far and few. The growth vire have seen in the past 20 years has been incredible. We both agree that past and present planners for Naples have done a great job of preserving our beaches while allowing us access. As we live in the 951 and Vander Bilt area we tend to use the Vander Bilt beach the most. The parking structure has been a God sent, especially during season. The most recent addition, The Beach Box Cafe has been a terrific addition for those of us who do not own a beach front condo, home or have a budget to afford a $20 hamburger at one of the most premier hotels on the planet. My wife and I only recently discovered The Beach Box Cafe while attending several volunteer beach clean ups of our pristine Vander Bilt beach which was sponsored by and paid for by The Beach Box Cafe that raised money for a local children's charity. We were very impressed by the owners, managers and employees as well as the cafe itself and their menu and pricing. We Bind it simple to visit the beach now on a spare of the moment decision as parking and food and drink is all now available with easy access. Recentl, we saw on television and in the paper, The Beach Box Cafe was looking to provide y even more capabilities to provide service to residents like us and visitors to our area during season. Their efforts were approved by Collier County but then some local condo association (to which they are members of I believe) was trying to put a stop to it, claiming the loss of 5 .parking spots and inviting more people to the "public" beaches which they have in their backyards. was an issue. We found this upsetting because we were involved with two beach cleanups, at the Beach Box Cafe, during season and spring break...... and we had no issue with parking. In 20 years I've never writen an email or a letter to the editor but after enjoying our local beach and business, my wife and I felt compelled to comment that we like The Beach Box Cafe. It's location, easy access and employees have all been terrific and an asset to the area. It seems that the condo assoiciation would rather have the beaches in their backyard made private or at the very least make it imposible to access so they can have them to themselves. If parking is the issue, I'm sure the county engineers can figure a way to add another floor onto the existing parking structure or run more shuttles from the shopping center at Vander Bilt & 41. I hope you all work toward growth and protection and support The Beach Box Cafe which is the perfect complement to the improved facilities you have already built there. Sincerely, Tim & Maria Martarano 14979 Savannah lir Naples, FL 34119 Subject FW: beach box/ beachmoor From: <thurmand@aol.com> Date: Saturday, April 16, 2016 at 4:21 PM To: <kfrc55@a ,mail._ m>, "eary.brecka„ naDlescapitalDartners.com;` <gary,brecka naplescaDitalaartners.com> Subject: beach box/ beachmoor Kathy, here is Gary's email and the letter our board wrote against him and BeachBox. I thought I would share contact info with both of you. Gary would like the thoughs of Beachmoor owners on this matter. I'm surprised our board hasn't reached out to him about this parking accusation before going to the Board of County Commissioners to revoke his parking allowance exception. It seems to me our board just wants to use this as an excuse so we can put him and Beach Box out of business. Sad, unethical, underhanded and unfair if this is our board's tactics. Why wouldn't they just speak with Beach Box first? It smells really bad to me, or there Is a parking issue caused by Beach Box for our 3 spots that I have never witnessed...even thoguh we are there over the busiest weeks of the year. -Micky and Dean ----•Original Message----- From: Gary Brecka <garv.brecka naDles italp rtne..m_>city To: thurrnand <thurmandaol.corn> Sent: Mon, Apr 11, 2016 6:54 pm Subject: Here is the letter the board wrote Phil Brumbach BeaChmoor Condominium #701 8051 Gufthore Dr. Naples, FL 34108 Friday, March i1, 2816 Board of County Commissioners 3269 Tamlami Trak East: Sure 3033 Naps, FL 34112-5746 RE: Beach Box Cafe - Inadequate Parking Approvals by Cover County Officials Dear Commissioners Fiala, Henning, Miller, Nance and Taylor, Our Condominium Association has three (3) parking spaces on the Guifshore Dr. side of our property, reserved for use by Beachmoor guests and handicap parking. Since the Beach Box Cafe vastly' eased it's traffic footprint in our neighborhood, we frequently have their overflow of vehicles using our reserved spaces for Beach Box patrons. In addition, many of these parking violation patrons are not amenable to moving their automobiles and trucks from our property. Some are downright belligerent and ask "'where are we suppo d to park70 Frankly. this Is a Beach Box problem that has now become ours. Recently, Collier County Staff approved a reduction In Bead Box parking requirements without notice to us as an aff eted neighboring property. it seems obvious that the Bead Box Cafe does not have adegi set aside per, includes only one (1 ) handicap space, and Is In violation of existing Collier County Codes. The recent approval by Collier County Staff for reductions In required parking were Inappropriate and should to be reversed. Beach Box Cafe should provide the required parking spaoes In compliance with current Collier County Codes. A response to my concerns would be appreciated. Very tr* yam, Philip C. Bru:ttbach Director Beachmoor Condominium Aeration From: Kathy Efrusy <kfrc55@gmail.com> Sent: Tuesday, April 19,2016 10:36 AM To; gary.brecka@napiescapitalpartners.com Subject: In support of Beach Box Cafe Dear Gary, Yesterday I wrote to you via your comments page on your Beach Box website regarding issues of people at the Beachmoor complaining of parking problems. As an owner of a unit at the Beachmoor I have never witnessed a parking problem and my own personal opinion is that they are using this as an excuse to limit your establishment of its intended use. I hope you received my comments. I support your your business and wish you every success. Sincerely, Kathy Efrusy Sent from my Whone milliN!O customer s'nrve�r/p�itlon �Y S below. lam acic—amvvledge thattw indhrmadon Is laue mLd i am aloadmoW dmt I sort the 8en& CaSAdmints�ra�wa Parlft R ntD af�yr fa pkoe awl t am -WA -plans for i�npA the corn. 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(Dorothy Edwards,/Staff) By Greg Stamey of the Naples Daily News Posted: 5:50 a.m. With parking scarce along Vanderbilt Beach, a homeowners association and nearby businesses are starting to point fingers at the Beach Box Cafe. ltttp://www.printthis.clickability.com/l )ticpt`/expire.=&titic=(`011ier+asked+to+consider+iitorc+Vanderbilt+Be:ccli+parking+for+die<icli+Box+C"afc&urlID=5=1.5926522&... 1/4 4112/2016 Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe new, he said. Before it was the Beach Box, a pizza place operated out of the building with fewer parking spaces, Marques said. "We went through this with our engineer, applied and the county had plenty of time to review it," he said. "This wasn't rushed. I'm hoping the county stands by its previous decision." The Beach Box opened in January 2015. It's one of the few places in Collier County where beachgoers can walk up in swimsuits and with sandy feet for a beer, sandwich or ice cream. The store is across the street from a public parking garage with nearly 400 spaces. Without the parking exemption, the cafe would be required to add 31 spaces for the amount of seating it wants. But those spaces may not be needed because the cafe is designed to serve people who are walking up from the beach, said Mike Bosi, planning and zoning director. Those people have already parked., Bosi said. "The idea is that with the beach so close the people are not driving there for this store," Bosi said. "There are close to 400 public parking spots within 300 feet of the Beach Box." The problem isn't the cafe, itself, but the lack of public parking in general., said Sebastian Paguni, one of the owners of South Bay Realty. "It's not a little problem, it's a major problem here," Paguni said. "The parking structure is always full. If Beach Box can increase seating, that's a great thing. When they're busy it brings in more traffic and people who might want to buy real estate here. But http:/lw%vw.printthisxlickability com/pt/ept?expire=&dtle=Collier+anted+to+consider+more+Vanderbilt+Beach+parking+for+Beach+Box+Cafe&ur1iD=545926522&... 3/4 Move to push Collier County to require more parking at Vanderbilt Beach for Beach Box Cafe NAPLESNEWS.COiVi s LiloIM Comment Share Blake Bowdish, Alicia Rosier and 60 others Top Comments. (Unfiltered) 16 shares Wr*te a comment... Kendra Conard Beach box isn't the problem' Vanderbilt is baples busiest beach and has been since before beach box opened. Vanderbilt is so lucky to have an establishment for beach goers to talo a break from the sun, get food drinks and entertainment. Most people there come in with sandy toes! Stop painting. fingers at beach box, show some love and support ! The city needs to do what's right and stand by their original decision. Like * Reply 2 - 15 hrs .� .. Jane. Herron hie been a aatron of Beach Box Cafe since it opened. Most of %00 8 V * V V *fto%M0*0 $WIWI %of Uke 4 Reply * 16 h s Francesca N Thomas I cannot believe what I'm reading!' As a longtime resident I am appalled that my county might use tax dollars on such a bad request. Not only is this a horrible idea but it's being requested by an I its! is. an assetassociation that has nothing. to, do. With Beach box cafe to .the community -it's safe, family friendly and, a great spot for all ages, residents and vacationers,. And to top it off, beach box went through, the proper channels and shouldn't be penalized as his article suggests., Smh. And a big thank you to the owners and staff who have made such a place as wonderful as it is for our community., Like * Reply* 5 hrs Joe taedvilias The beach visitors "not the harneowners" . for parking at the .beach. This is what condo ,associations do, to Wick other people off of the,public beach uke - Reply - X71 - 1 6 hrs Justin B Ertksen I am a long time resident of this. stretch of boulevard,. I ,am very happy to see the thriving business. at Beach Box and I am absolutely disgusted. bythe actions cif `.the .,.:.neighboring HCFA. It 'is clearly evident to me 0. if1)tithat. -ing to thG�roe causing,this rwku's.:�have ve little .do ry Coincidentally enough,after dinghomework NONE. Of* them are Florida natives, rather than a bunch of tired bored geezers with. nothing better to., do as they live their worthless -lives to conclusion. Anyone who has the time to take pictures of picnic tables and count :heads should be forced to do something worthy with this extra time., Hell, go get a job bagging groceries, or better..yet the owners of Beach Bc�xyou to valet their customers cars......Neveir 9.1 the less, if it's a, problem for you, crawl back to: those cracker. boxes you call home in NewJersey or Cleveland.*, We were fine -without you before, and we will be all that much better when your gone,, Get a LIFE HOA GEEZERS! like a, Replys 6 1 * 1 6 hrs ��t Ashley Turco Wow this HOA needs to get a life! Beach Box is an amazing 1 establishment! Instead of wasting time and money on attorneys to fight Beach Box, donate that money to the less. fortunate.. Like.. -Reply * 16 hrs Derck Zurbriggen I personally think that is a testament to a great business!1.1 I have parked there without any issues while enjoying a safe and bustling atmospherelf. I'm excited about what it brings to the beach and the area!! Like - Reply,. 1 6 hrs Scott Weuen This issue doesn't seem to be related to Beach Box., Why not encourage a thriving business like Beach Box that is galvanizing an increased demand to an already popular area Like - Reply - 16 hrs "� Christian Suarez Seems Naples has nothing better to do than to always make new problems,, Leave.: beach box.. alone.. Like .4 Reply - 6 1 • 1 6 hrs DrRuthie Obersaat Busman Leave them alone. They've done their homework,. Vandy homeowners need to find a different whipping boy Unlike ° Reply 5, 22 hours ago •Edited Atom.. McCree Nobody seemed :.10.be buying. this today - Like Reply 23 brs Ellis Largent There's always been a lack of parking at the. beach. I personally �. am happy that Beach Box made Vanderbilt beach their home. I think we're .lucky to have them. Uke * Reply •X12 - 16 bars Mocean Cuisine The Barking at that beach has always been. very scarce, due to that being one of Naples busiest beaches..Tie Beach 80X is just a great addition to the busy area and to blame a business for parking I*s ridiculous! Like # Reply - 1 5 hrs Suzanne Noel Pescinski The -city should stand bar their- .original decision. Adding more parking to beach Pox will only add more traffic to a mostly pedestrian area. Then beach cox will have to deal, withbeach goers using their .,exhisted long spots as. ove**r flowto the parking: garage -r The Parkingissue justparking 11 not solve the will before bbc. Adding a few- spots will hurt a thriving local pedestrian business, Let me ask you this... How does adding more parking spaces :outside of a bar in a crowded pedestrian area sound like a good idea? Like * Reply - 1 5 hrs Joel Sabin There's a huge empty- lot across from the parking garage that could be used for parking. In season the garage is full bar 10,,11 am,, Beach b€>x or no beach .box, there's not enough parking for the traffic that comes to Vanderbilt beach. Like -Reply *raj 15 - Yesterday at 8:46am %+ 1 Rf'ai1f vctncaurvuc cadv11.460 Unlike * Reply - ab 7 • Yesterday at 9.1 6am Nicole M Partici Finger pointing in Naples?! Never', More lawyers and associations sucking the fun out of this town,. Just let it be. Unlike • Reply • � 6 • YeSterdayt 8:43am Blit D'Antuono Bs. In Napier there's a xidiculousEy low # of places to get a beer and grub close to the beach, Vanderbilt Inn? Gone. Ritz and Naples beach club, expensive. This realty place wants to give them trouble when it's an asset to them? The lighthouse .has always had parking issues ever since I can remembergrowing. up in Naples park. Hopefully the white hair bump heads will lighten up for once Like ° Reply,& 3 hrs Anthony DIMeglio Why the Beach Bax cafe? They have maybe 10 spots'? What am ! missing? Unlike -Reply • 5 Yesterday at 9,*45am aMary Ceiba They have,like 4 but #here are more people than that going there so those people are taking upL beaChgoer spots. Likes Reply ; 20 his Wnte a reply... Janice Sheeder We have been in Naples. since Jan 5 -and parking everywhere in Naples is a problernfl.. dike � Redly . 4 hrs Oscar MartinezLet's blame a problem that's been going on for a while on the .beach box lol Oucklogic Unlike • Reply 4 6.5 * Yesterday at I 0:05am Marsha Whitman Lingle In the winter if you don't get. There before 10 it is always full - Like Replya 21 hours ago,- Edi Nick Sopena Mat Nagy isn't this .Anthony place? Uke • Reply • 16 hrs 'Mat Nagy Not anymore LikeReply - 15 hrs Karl Kri- Take public spaces away to benefit a business?? WTF??? Like • Reply • Ie Yesterday at 8:30am 11 Mary Ceiba It actually says the opposite.. theydont want to have to designate 31 spots to the beach box to justify their seating amount because they dont feel they need them and would . rather keep them public because they are designed to be for walkup beachgoers who already parked. I"vv ume its also because theyd have to pay for those spaces somehow. Unlike • Reply •x`11 • 20 hrs Karl Kriatun Reality is that five spaces less means that. five more cars have to park somewhere- else, regardless of whether or not it is designated a Beach Box spot. If they want a bigger place, they should go buy somewhere else. Like • Reply • 8 hrs John Marques Karl, we did not remove spots, we actually went from 2 spots (which the previous restaurant had) to almost 20 spots. We have increased the parking for the restaurant by 18 spots. And we are not trying to delete any parking. Weare asking the county to let us operate with the new, higher amount, although its less than the code because there is a parking garage with 375 spots across the street and most people walk here or bike here,. Like Replyok 1 min Write a reply... Michelle Barrera John an lol Lik'ee Reply * 21 hrs Lauren Clarke Carroll Jordan Logan, Paige Carroll'. Like • Reply • 1 • Yesterday at 10:21 am Joel Sabin Paige Sabin Heather Bilodeau s Wian p . Vchatartlaw M1 W_ N%00600 '400 Cafe. Published by john Marques April 15 at 7:04pm - Naples - 40 Beach Box Cafe patrons and fans, please tell us what you think? Did we cause the Parking issues at Vanderbilt Beach like our neighbors are accusing us?! http://www,,nbc.o2,,com/,, ,,/vanderbilt-mbeach�orestaurant-wat*ocente,,,... Vanderbilt Beach restaurant at center of parking debate $48.92 of Top Comments 1W. r y r I t nIAO YULLUr I.WU[ bW IdUdly. i r ju yttrttyts i ititi r iuvut uuwdu tf ins t r iuui i before, Unlike * Reply - Message •lb1 # April i 6 at 8:30am Beach Box Cate We believe it to be an increase in tourism and visitors making the demand for parking even worse at the. busiest- public beach in Collier County, Being: situated between the. Ri#zCarlton(highest. grossing in the wor{d} and the other residential. buildings. See More Beach Box Cafe Keep in mind the previous restaurant. had 2 dedicated parking space, Beach Box Cafe has over 18 now! How could we have made it worse? Themath doesn't add. up. Like - Reply - 2 - Commented on by John Marques �� April 16 at 8:50am Cindy Grimm Beach Box Cafe I'm not saying you made it worse. I actually don't think you did because it's hard to get parking at 11 am. I'm just. wondering what changed. The, beach has always been crowded but the parking situation has definitely gotten much worse* And the Ritz has always been there,, And :has its own pawing,. I don't know the answer or the solution. Like - Reply - Message •Apail 1 6 at 9.: 1 5am Cahn Bamberger In years past the large vacant lot across from the garage was use to park around 10t; cars on busy days,. I believe the Ritz boughtt's o longer useda, a parking. lot for the that lot and i. ski'le% 0^ r%%^% #k^ +k^* Beach Box Cafe I think the best thing we can do is work together as neighbors to police our own and each others parking so we can use them for patrons and customers, and not just people parking.to go,to the beach. That's usually what happens. We have noticed that lately. We also took a poll of our customers to find out how they come to Beach Box Cafe to see how we can improve the situation. We found that a bulk of customers (920%) walk or ride bides here from a poll we have taken over the past few days,, We are adding more bike racks next -week to answer that calling. We will continue to work at it and hopefully our neighbors can Mme knock and say hello rather than go straight to city counseL Our tax dollars could be use for much better subjects. Like • Reply • 1(5 2,F Commented on by John Marques I?: •April 16 at 9:22am Cindy Grimm John Bamberger that makes sense, thanks! Did not know that •� Uke •Reply • Message • April 16 at 9:32arn Harry Anthony Clark I ride a scoter down to the box cause of the parking why dont -the aunty just add more floors to the garage Unlikee Reply • Message • 2 • April 16 at 9:53am Nicole Bruland The parking garage has never provided enough space, especially in season. This was the case long before. Beach Box opened. It's the county's responsibility to increase parking for a public beach. It's time for a larger parking garage. like • Reply • Message 2 • April 16 at 10:49am Guillermo Frizza StRev I think that before the parking garage was built, many people would go to other beaches, because of limited parking -(i know i did this) After the garage was built, more people started to go to vanderbift beach, expecting more parking. It would be interesting to see the increase or decrease of attendance on other beaches, if possible,. Like • Replyo Message • 1 • Yesterday at I 2:35pm Beach Box Cafe Gig , great. ideal. We will keep that in mind if we find the :need for more parking. We have. an established relationship renting spots in the alley way and lots directly behind Beach Box Cafe. We actually have enough parking, dedicated to Beach Box Cafe for 26 between our onsite. parking and offsite parking. We. have rented these spots for more than 3 years: and will continue doing so.. for years to come. ff we have specie!. events, we have an option for more: spots on a daily, weekly, or monthly basis and can increase our parking to as many as 35 dedicated spots.... But. we rent them on an as needed basis over and above what. we need for daily operati.Ons, -patrons, and. employees. APr*1 1*6 at 7250m Lice - Reply - Commented on by John iarques I Pierre Sirais Congratulations on having a successful businesst When I go to the Beach Box Cafe I do find the bike rack out front a little crowded:). Unlike .reply • Message lb 3a April 15 at 8.06.pm Beach Box Cafe 1Ne will get another bike rack then., I'll order. it Monday 6% Like Reply i •Commented on by John Marques 111..'l •April 1*5 At 8:94pm John Bamberger Your business has. brought: a new and well needed: new life to our neighborhood! Great food and music'. Most. walk. and very few drive so No problem Unlike - Reply * MessAge , 16 6 * April 16 Wt 1. 2:02al Geoff Novins Parking has been. bad there for 15 years,. I parking garage and thousands moving here monthly, I have never eaten at Beach Box. but know it's not there fault. Just from living_ here.. Unlike ,* Reply * Message,. X71 - 21 rs Vincent Bandelier I have lived in Naples for 24 years,. 16 years have been ;q_ �. Within 1,,, 2 miles of Vandi beach access by the Beach Box. parking has and w H1 always be an issue., Simply put the growth and limited beach access. Unlike -Reply -Message •- Yesterday at 1 -.52pm Ket[y P Jaramillo It is inieresting that they bring this up at the end of the seasoni the Vanderbilt garage. is always full then and the .population is. growing in Naples. and people love that beach !Don't. be haters of -a great. business!!! Go Beach Box! Unlike .Reply * Message, 6 2.21 hrs Jason Hooke !think it bullshit considering 1}the people complaining have there own parking at there. condos across the street 2) these people don't even live here year round:,Ahey shouldn't have any say! I Unlike , Reply * Message ob 2 # April 16 at 11 30am Kelly Mcdowell No, not ai all.. A couple seasons ago everyone, was parking along 91 st and they had to put up signs for no parking. I'm pretty sure that was before. you were open. Parking has always been an 'Issue. Unlike * Reply - Message *16 1 * Yesterday at 6:24am Jennifer Page Fleming, Mji[sNot at all. Vanderbilt beach has always been. congested. We are happy you are here, Unlike - Reply -* Message- 16 3. April 15 at 9.*44pm Kelly- Phillips The VBRA probably doesn't like the younger crowd at the BeachBox and is picking on thelittle guy, Don't. let -them, bully you,, We.. Love your restaurant and the fun, friendly vibe.. ' Unlike * Reply * Message x'11 1, Apn116 at 8:24pm Brigitte Nagy As. everyone has said parking r has always been a big issue .. Even before Beach Box was here ,more people are. here and going to the beach... Congrats onyour success Unlike Reply * Message **.16---- 1 a 1 hr Tt�eJeff Adams Excellent p1ace1_.entire Naples area had more traffic.-., this year, it was. packed. everywhere Unlike -Reply * Message 1 , Yesterday at iam Rich L.a�rariere If your bar is getting this story told, let the hatershate,, Free _N 00 advertising �=° Unlike * Reply, Message - 6 1 , Yesterday at 1 32am Diane Miller Vasquez I hope to make it there one day.....sounds like a great place,. Unlike. # Reply , Message • X11 , Yesterday at 2 -.04pm Jazmone Amadar It very seasonal in Naples and it is always.. packed around that time Unlike & Reply g Message 1 - Yesterday at 8.47am Ja-Neen Do t.A Sol No. A short walk down to Vanderbilt Beach and it`ll, ae easy to see where al! of the.people are. 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Page 1 of 1 Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. (Ord. No. 2010-29, § 4) about:blank 9/6/2016 EXHIBIT E April 12, 2016 with Sheriffs Office to ensure that EMS is prepared e switchov to the new program. He's be in charge also of arranging insta on of a new system called Locution 'ch is a station alerting s m to alert the ambulance crews n a call has been ived. The program, sends out warning tones, str lights Wl the station and red lights to awaken crews at night. His dedication and co ent to this project, in addition to his regular responsibilities a para. dic/firefighter make him very deserving of the E--- ee of the th Award, and Commissioners, it's my honor to ent Geoffrey Sw loyee of the Month for March, 20 Con lations, Geoffrey. ( lause.) HAIRMAN FLALA.-P And from there, Leo? Item #6A PUBLIC PETITION REQUEST FROM MR. ANTHONY P. PIRES JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., REQUESTING THAT THE BOARD OF COUNTY CONIlMISSIONERS DIRECT STAFF TO REEVALUATE THE STAFF APPROVED ADMINISTRATIVE PARKING REDUCTION FOR THE BEACH BOX CAFE LOCATED AT 9020 GULF SHORE DRIVE, NAPLES, AND TO FURTHER DIRECT STAFF TO BRING RECOMMENDATIONS TO THE BOARD TO AMEND LAND DEVELOPMENT CODE PROVISIONS RELATED TO ADMINISTRATIVE PARKING REDUCTIONS TO REQUIRE NOTICE BE PROVIDED TO SURROUNDING PROPERTY OWNERS — DISCUSSED; STAFF TO RE-EVALUATE AND. PROVIDE THE REQUIRED NOTICE TO MR. PIRES AND THE Page 32 April 12,2016 SURROUNDING PROPERTY OWNERS MR. OCHS: Yes, ma'am. That takes us to Item 6.A. This is a public petition request from Mr. Anthony Pires, Jr. on behalf of the Vanderbilt Beach Residents Association, requesting that the Board direct staff to reevaluate the staff approved administrative parking reduction for the Beach Box Cafe. MR. PIKES: Madam Chairman, members of the Board.thank you very much for this opportunity. My name is Tony Pires and I represent tile Vanderbilt Beach Residents Association on this public petition. And thank you for having the opportunity for the public to bring these matters forward. As articulated in the petition, the reason for this public petition is two things, twofold: An action by staff and the growth management division in reevaluating, reviewing and setting aside an administrative p-.L...A,ing reduction for the Beach Box Cafe that resulted in a parking reduction from the required 47 parking spots to 16, which is a 60 some odd percent reduction in parking and one-third of the required space under this approved parking reduction would be provided,, that's all, in a very busy area. And also the second request would be providing direction to county staff and have staff bring back recommendations to this Board and the Planning Commission to modify and change the Land Development Code to give notice to adjacent and surrounding property owners of these parking reductions. In this particular case, as I said, the Beach Box Cafe, unbeknownst to the property owners in the area on Vanderbilt Beach applied for and in September of 2015 received a parking reduction administratively at the staff level to reduce the parking from the otherwise required 47 parking spots to 16. This was not found out or discovered by the residents until December 22nd of 2015. Page 33 April 12,2016 In the packet of materials that were provided with the agenda material and the public petition, outlined the emails that were made and sent to county staff numerous times requesting reevaluation. Again and again and again. December 22nd, January 14th, January 28th, February 27th and March 3rd. And it's unfortunate we have to bring this to the Board. We try to generally work these out at the staff level. For sake of reference for those who may not be familiar with that area, if I can put this on the visualizer. And Leo will help me orient it correctly, hopefully. Thank you. You can see that the location of the Beach Box Cafe is in yellow. This is Vanderbilt Beach Road. This is Gulf Shore Drive. This is the area of the county parking garage. This is the Beachmoor Residential Condominium. And this is the Beach Door of Naples. You can see that the property owners in this area will be and have been greatly impacted by this administrative parking variance. In fact, in the agenda packet you'll find five letters or letters from the various surrounding property owners and residents and businesses expressing their concern with regards to the variance that was granted in this case. The applicant has indicated many interesting things in their application. And one is that there is a nearby beach parking garage. Well, the problem with that is it's got 375 parking spots. We all know how it is in the season, and it's open 8:00 a.m. to sundown. Therefor the parking spots are not available after sundown, or before 8:00. And you have a facility that outdoor activities or proposes outdoor activities and. a cafe that is open after sundown. You also have in this issue; I think in reality it's over an 84 percent reduction in parking. The parking reduction justification, and there are two of them in the material found in CityView portal on-line. The one dated September of 2015, it reflects that there is proposed uses (sic), and if you add up the parking spaces required for the proposed Page 34 April 12,2016 uses versus the existing, it's 36. And if you subtract tile parking for the existing uses, which is 11, you are basically reducing the parking from 3 6 pv1%ing spaces to five. And again, that's about an 84 percent reduction in parking. What's also interesting about this application, there was a first application in August that reflected that they had additional parking obtained by lease agreement. We asked for a copy of that lease agreement, never received one. That document indicated that there were 32 spaces available in August. Now they're saying there's 16 available in September. And they've dropped the lease issue. But it's interesting, it says the existing parking spaces are frequented by residents of the building and employees with little parking left over for customer access. So what's going on is that the residents and the property owners in this area are suffering the brunt of the reduction in parking on this particular facility that was granted again without any public notification to them. This no notice process fails to safeguard adjacent and surrounding property owners and residents from reduction and required on-site parking, particularly when there are major reductions in required on-site parking. 47 required, 16 approved as in the Beach Box situation. Part of the rationale, also that county staff provided, was that the applicant said, well, you know what, it's kind of like Fort Myers Beach, the Town Square area. I'm not sure we want the Gulf Shore/Vanderbilt Beach area to be considered our little town of Fort Myers Beach Town Square. Additionally, in Fort Myers Beach, that town council made a legislative determination. There is an ordinance that says you have various parking that we the town have set aside. There is no such legislative finding in Collier County with regards to this area of Page 35 April 12, 2016 Vanderbilt Beach or in the county. We would request then again that the Board direct the staff to bring back to the Board: number one, reasons for the inaction; number two, reevaluate this application and re -send this application and also direct staff to bring back before the Board a process to provide notice to adjacent or surrounding property owners when you have -such a huge reduction in parking. Thank you. CHAIRMAN FIALA: So as you know, we can't really discuss this now or have any other speakers, but would Board members desire to bring this back -- COMMISSIONER TAYLOR: Yes. CHAIRMAN FIALA: -- to a regular agenda? COMMISSIONER TAYLOR: I'd like to make a motion that we COMMISSIONER HILLER: Hang on a second. Before we make a motion, I'd like to hear from the County Attorney and from staff. I think both of them want to -- COMMISSIONER TAYLOR: I thought we can't -- I thought we couldn't discuss this. COMMISSIONER HILLER: No, we're not discussing it, but they can give us guidance. MR. KLATZKOW.* You have a certain process here that's already in'place. Mr. Bosi will introduce that existing process. And after that you'll have the option of eithergoing forward with that process or coming back with an executive summary. MR. BOSI: Mike Bosi, Director ofPlanning/Zoning. And I won't get into the specifics of the criteria that was established to grant this administrative parking reduction. When we issue an administrative parking reduction, we offer those on a provision or a conditional basis that if information as provided is not inaccurate, that if it was called to the county staff Page 36 April 12, 2016 attention that the parking -- (Cellphone ringing.) COMMISSIONER HILLER: Someone has to turn, off something. Somebody's playing music somewhere. CHAIRMAN FLALA: I think he got it turned off. MR. BOSI: If the conditions -- basically if the conditions stated in the application do not prove to bear that there's adequate parking, a revaluation can be provided for, and from that revaluation the applicant will be brought in and a determination as to what's the most appropriate in terms of the parking reduction. MR. ICLATZKOW: Would you put the second page up? MR. BOSI: And -- MR. KLATZKOW: No, the second page of that letter, Michael. You'll notice on the second page, whenever we do one of these parking changes,_ they're conditional. They're not forever. So that if it ever comes to our attention that there's a problem, staff retains tile ability to revisit it. MR. BOSI: So based upon the potential direction today for staff to evaluate this -- these -- the conditions of the parking reduction based upon some new information that has been presented to staff regarding the issue, staff could go back and make a revaluation of that original determination. Based upon that revaluation, all parties would be -- could be notified. And we have a provision wit�un our code that could be -- that would be -- remedies to anyone who disagreed with that. And that's a provision within our Code of Laws and Ordinances, basically which provides for an administrative appeal for anything that's provided for by general purpose government on an administrative level, which this is, an administrative parking reduction. After the determination after revaluation, a party that felt that they disagreed with it could seek that administrative appeal and then ultimately the decision would be Page 37 April 12, 2016 arbitrated by the Board of Zoning Appeals, which is this body, within the public venue. CHAIRMAN FIALA: Tony, would that work out for you and your clients? MR. PIKES: If I may approach? It would be, if we knew what was going on. I think that's the fundamental issue in this case, that you have azoning -- you have an APR approved September 22nd, 2015. No notice to anyone. MR. KLATZKOW: What we're saying, Tony -- MR. PIKES: December 22nd we found out about it. MR. KLATZKOW: Tony, Tony, what we're saying is that staffs going to reevaluate it. They're going to come back with another decision. I don't know what the decision's going to be. You will be given notice of that decision. If that decision is something that you disagree with, you have an administrative process to appeal to the BZAO MR. PIKES: If there is the assurance that my clients and I will receive notice of that decision timely, then that would be acceptable for us to -- if we feel that there's further action needed. But once again, that's the fundamental issue we would suggest, that also on a going forward basis that provision be provided in the MR.KLATZKOW: You will be given notice. MR. PIKES: For others. I'm talking about other people in the county, too. But thank you as to this. If that's going to -- CHAIRMAN FLALA: Would that for right now -- MR. PIKES: That's correct. That's this issue, Madam Chairman, yes. CHAIRMAN FIALA,* If then you have any problem. s, you cqme back. MR. PIKES: We sure will, if we get notice. Hopefully we'll get notice. And we have the assurance that we will be getting notice Page 38 April 12, 2016 timely. COMMISSIONER TAYLOR: And maybe this board could get notice. MR. OCHS: What kind of notice? MR. KLATZKOW: No, the notice would be -- Michael is going to be revisiting this. He's got additional information, okay, as far as the parking number of space reduction, okay? That decision you'll be copied on, okay? If you disagree with that decision or if the property owner disagrees with that decision, there's an appeal from that decision set forth in the LDC. At that point in time it will go to the BZA. That's the process we have. CHAIRMAN FIALA: And that will work out with you, Tony? MR. PIKES: Yes. And again, assuming that no one challenges the Vanderbilt Beach Residents Association not having standing, which some people have done that in the past. So we may have individuals also filing the appeal. But thank youyeah, that would be -- that would be extremely helpful and provide that opportunity for review. Thank you. CHAIRMAN FIALA: Well, then I'll ask the other Commissioners to just hold their comments until we get this settled. It seems like both parties right now are willing to talk and settle this. And then I'll ask that if you need to come back, you'll be here and the two members that wanted to speak will speak at that time. Thank you. I 7 Okay. Moving on. MR. PIKES: Thank you very much. CHAIRMAN FIALA: Thank you. ER INFORMATION PRE'S ED BY MR. GARY Page 39 EXHIBIT F Collier County, FL Code of Ordinances Sec. 2-79. - Board as policy maker. Page 1 of 1 In keeping with F.S. ch. 125, part III, this Ordinance grants to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the county pursuant to Fla. Const. art. VIII, §1(e). To this end, the below specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy -setting governing body of the county and carrying out its directives and policies. Except as provided below, as the policy -setting governing body, the Board and its members shall defer to the County Manager the day-to-day handling of the administrative and ministerial powers and duties enumerated below, including the supervision, appointment or removal of his subordinates. No County Commissioner shall direct or request the appointment of any person to, or his removal from, Office of the County Administrator or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the county except as provided by this article. Neither the Board, nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. Nothing contained herein shall prevent County Commissioner from expressing a concern to the County Manager about the actions or performance of an employee. (Ord. No. 2013-40, § 4) about:blank 9/6/2016 EXHIBIT G May 18, 2015 Fred Hood, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: BCC directed Re-evaluation and Re -issuance of Administrative Parking Reduction APR- PL20150001922; Beach Box Cafd, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Hood: At the April 12, 206 Board of County Commissioners Public Hearing, in reaction to a public petition by a Mr. Anthony Pires, the Board directed staff to re-evaluate the issuance of the APR for the Beach Box Cafe, originally issued on September 22, 2015, based upon additional information. Below in italic is the original request, findings and conclusion. In your Administrative Parking Reduction (APR) application you request a reduction, in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.E2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The cafe would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once " and then walk from the beach to the cafe. 2800 North Horseshoe Drive • Naples, FL 34104 0 239-252-2400 • www.colliergov.net Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.x'. 4. Additionally the APR provided the following conditions upon which the Board has based their requested re-evaluation (below in italics) Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Guif Shore Drive under the following conditions.- A. onditions; A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. B. This APR shall be void if 9002 Gu f Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. The re-evaluation is focused upon providing an additional analysis of whether the premise of "Park once" with multiple destinations still holds valid. In other words, the patrons go to the Beach Box Cafe because of the convenience while visiting the beach as opposed to a destination business where patrons go to the restraint as the primary destination. As noted in the original finding, this concept is codified within the City of Port Myers Beach code, which provides up to a one hundred percent reduction in required parking for establishments in proximity to public and on -street parking. Availability of Public and On -Street Parking Exhibit "A" provides an aerial of the Beach Box cafe and the availability of public and on -street parking within the local area. There are 392 parking spots within 700 feet of the subject location. Current Land Use arrangement verse Proposed Land Use arrangement A key factor in the granting of the administrative parking reduction is related to the proposed land uses, verses existing land uses. Existing uses and parking required: Cafe' 7 seats 4 spaces required Retail Space 1,770Sq.Ft 8 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units 8 spaces required 23 spaces required Proposed uses and parking required Cafe' 68 seats 34 spaces required- Retail equiredRetail Space 500Sq.Ft 2 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units 8 spaces required 47 spaces required The exchange of 1,270 square feet of retail space for 61 additional seats for Cafe use, per code, creates a substantial increase in the required number of parking spaces (23 spaces v. 47 spaces), but it is staff s perspective that the increase in the cafe use and the reduction of the retail use only supports the "park once" concept that the APR was issued upon. Staff views the Cafe use as more of a complementary use to the public beach access than the retail space. To further support this perspective Exhibit "B", provided by the collier County Parks and Recreation Department, indicates that 346,929 people utilized the Vanderbilt Beach access, which is within 300 feet of the Beach Box Cafe. with no public concession stand located at the beach access, the Cafe serves the beach goers with needed concessions and therefore is complementary to the beach use. Collier County Land Development Code (LDC) 4.05.04.F.2 "The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section . .0: and other conditions and safeguards deemed to be appropriate to protect the public health, safely and welfare. " The above section of the LDC is the basis for the administrative parking reduction application and with the submittal of the City of Fort Myers Beach codified parking reduction, in combination of the 392 public parking spots within the localized area; and finally the 346,929 individuals that walk within 300 feet of the cafe, staff determines that the basis for the original granting of the parking reduction is valid and affirmed. In Attachment "C", Mr. Pires has provided letters from five nearby property owners/tenants, four of which indicate that the Beach Box has exasperated an already constrained parking situation. The fifth letter does not assign blame to the Beach Box for creating parking problems, but acknowledges, "that parking is at a premium in the area and that during the high season there is a great demand for public parking which currently exceeds supply." In Attachment "D", the owners of the Beach Box Cafe have submitted an e-mail with attachments to support the parking reduction. The support documents to the e-mail are a self conducted survey of 24 customers of the Cafd that shows only 2 of the 24 drove to the location to visit the Cafe; four letters requesting the County to, "leave the decision alone"; and statement from the ownership group indicating that they have met, "on more than S occasions with the Board of the Vanderbilt Beach residents Association (and are willing to meet again on the issue) and the issue was never brought up "; and the Naples Daily News article centered on the Cafe's parking issue and the public comments linked to the article." In Attachment "E" are e-mails the county has received since the BCC Public Hearing on April 12, 2016, which support the affirmation of the parking reduction. These last three attachments were not factors utilized by staff to perform the re-evaluation of the parking reduction, but are related to the issue and provide a wider perspective to the narrative of the issue. As noted, Staff based upon the criteria identified within the LDC for the basis of granting a parking reduction, and the documented facts to support that reduction, affirms the basis of the parking reduction. Attachment "F" provides the code complaints on file for the Beach Box over the past two years. From review of the nature of the code complaints: noise, trash, signage and lighting, are the issues identified with the facility. There have been no documented code cases related to lack of parking on file. As noted in the original approval letter, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square-footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager exhibit "A°' Exhibit "B" BosiMichael From: MartinezAudrey Sent: Monday, April 25, 2016 9:56 AM To: BosiMichael Cc: Washburnlionka Subject: RE: updated numbers Beach Users FY15 From: WashburnIlonka Sent: Monday, April 25, 2016 9:24 AM To: MartinezAudrey Cc: BosiMichael Subject: FW: updated numbers Audrey please forward to Mike 0 J&mda & MwAficm "M &"V C&V6 `"az 299.22 . 6S19 9d2gV-2S2,4099 Stay connected with Collier County Parks and Recreation m0f,90a I 01 Q2 03 Q4 YE BAREFOOT ACCESS 16,829 26,150 23,446 12,1917 79a342 BAREFOOT PRESERVE 60,538 126o914 92r678 46,987 327,1117 CLAM PASS 341,442 63,677 43,778 25,1253 167,150 CONNER PARK 3,280 T,793 8,564 2,849 22,486 FREEDOM PARK 2,415 3,653 21,080 1.210 9v358 -SO MARCO 15,270 22,584 21,542 15,8780 75,1476 N GULF SHORE 5l657 6v168 81774 6.967 27v566 SUGDEN 5,1796 8.764 5,566 4,25,6 24m384 TIGERTAIL 25,935 59,937 39,751�r.= 24,300 148,824 71,191 109,226 99,503 67,009 -4140, IVA Walkers/Bike Visitors 10.492 25,459 124.045 4.693 52v679 TOTAL BEACH USERS 251,836 225 1 368m029 212221 1,2 1v3 From: WashburnIlonka Sent: Monday, April 25, 2016 9:24 AM To: MartinezAudrey Cc: BosiMichael Subject: FW: updated numbers Audrey please forward to Mike 0 J&mda & MwAficm "M &"V C&V6 `"az 299.22 . 6S19 9d2gV-2S2,4099 Stay connected with Collier County Parks and Recreation m0f,90a I COLLIER COUNTY Growth Management Division June 17, 2016 ANTHONY P. PI RES, JR. WOODWARD, PI RES & LOMBARDO PA 3200 TAM IAM I TRAIL N STE 200 NAPLES, FL 34103 RE: Administrative Appeal Project No. PL20160001347 Beach Box Cafe Dear Applicant: The Collier County Department of Land Development Review has begun processing the above-cited petition. The petition has been assigned the number shown which will be referenced on all future correspondence. Should you have any questions, please contact me at (239) 252-6819. Sincerely, Michael Bosi Director, Planning &Zoning cc: File Legal Advertising Fees: In accordance with current adopted fee resolution, "Any legal advertising required during any GMD-P&R activity or approval process will be charged in addition to stated fees, at actual costs. GMD-P&R reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. " Location Map VANDERBILT VI CONDO CCCL CSL, CCCL, ® CCSL 4 A V,CCCL PHOENICIAN SANDS CONDO 3 BEACHMOOR 2 CONDO CCSL 1 O SITE LOCATION Petition Number: PL -2016-1347 Document Path: M:\GIS_Requests\2016\06-June\06-20-2016 PL20160001347\workspace\site-location.mxd VANDERBILT RSF-3/ST IV BEACH MOTE NDO III FI RSF-3 DITIO 2 3 4 5 5 a 9 loll 12 13 14 15 to 12 1a 19 2a 2122 23 24 2s UTTLE 7 V MERMA 7 1 13 A 18-)0 20 22 24 2 e 11� t1 12 13 CCCL, CCSL,CCLV Mm PUD PELICAN BAY CCCL, CCSL Zoning Map Q 5 P.U. B `12 3 4 5 a 7 a 9 1a 11 32 11 30 29 201 COUNTY PARKING EXHIBIT H C;01er couftty� Growth Management Department Zoning Division August 12, 2016. Fred Hood, Project Manager. Davidson Engineering, Inc.. 4365Radio Road, Suite 2+01 Maples, FL 3 4104 RE: Denial of the Administrative Parking .Reduction APR-PL20150001922, Beach Box Cafe; 9002 Gulf Shore Drive; Collier. Counts. Florida, Folio Number 7912244403, and rescission of letters dated September 22, 2015 and May 18,. *2Q 15 [2016]! Dear Mr. Hood: On May 18, 2016, this office re -issued an approval letter for an administrative parking reduction (APR) for the beach box cafe (reduction of 31 parking spaces). This re -issuance was based ap on a re-evaluation of the APR directed at the April 1.2, 2016 Board of County Commissioners Public Hear-ing, in reaction to a public petition by a Mr. Anthony Pires. The Board -directed staff to re- evaluate the issuance of the APR for the Beach Box Cafd:,. originall issued on Se ember 22,. s • information. � a � s ' 2015,.based upon additional information_. Based upon the May 1 S re -issuance, Mr. Pires on June 15, 2016, representing a. coalition of property owners, filed an appeal to the re- issued APR and within. the appeal application additional information germane to the APR prailed. It is based off of information contained within the appeal (PL -20160001347) that staff is obligated to rescind approval of the APR. The basis of your APR application in both.issuances- has rested within. the "park once' concept. The APR application provides -the Town of Fort Myers. Beach Section 34-676, Circulation and Parking, as -the example of the "park once" concept to, justify the reduction. Thep remise is that public parking. is provided within the Downtown district -of Fort Myers Beach and based upon that availability of parking, business can seek. a 100 percerEt reduction in required parking. This was the concept the APR application was based upon. and was approved by..staff. Staff was unaware of Section 130-79 of the Collier Code of Ordinances,, which states, ``Public Parks and Beach Access Parking is to be. utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division far anyone to park in an area designated as "Public Palk Parking f, or "Public Beach A cc esg" who is not util i:ng a pubic park or beach during the hours from dawn to dusk. " This .Ordinance invalidates the concept of "parr once", stated in the application and utilized as the basis of approval of the APR,. dependent upon the parking provided within the Vanderbilt Beach Parkingara e. To g g utilize the parking spots in the garage for patrons of the Beach Box cafe is i. direct violation of the existing Ordinance that states that the beach. access parking must be utilized for the sole exclusive use of the beach. As such, the concept of "park once" as provided for within ...................................... ..... 2840 North Horseshoe Drive • Naples, FL 3004 . 239-252-2400 • www.colliergov.net the City of Fort. Myers Beach, cannot be applied to the Vanderbilt Beach area, due to the 375. parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code of Ordinances. The basis of the APR application cannot be supported in light of the restrictions contained within Section 130--79. Staff recognizes that 17 on -street parking spaces are within the Vicinity and the concept of "park. once" could be applied to these- spots, but the number of on -street parking spots (17) or 4.3 percent of the public parking indicated within the application as available, is not sufficient to justify the requested 31 parking space reduction sought in the APR. application. Additionally, it should be noted that condition of approval number two of both approved APRs states, (Thl"SAPR shall he void if 9002 G'hore Drive is occupied by uses other than .a cafe, retard', office, ce, an' d residential in the square footages stated in the application). If the units were determined to being rented .as transient lodging (less than six month of occupancy), as suggested by the web posting for the. units provided within the: appeal application, based upon the condition of approval, then the .AP.R. would be voided. It should be noted that the denial of this APP. does not affect the current use and required parking of the facility as noted below, but affects the ability to approve the existing Site Improvement Flan under review, which proposes to convert sq.A. of retain: space to Cafd use and adds outdoor seating to the facility.. Current Land Use arrang;cment verse Proposed Land Use arrangement Existing uses and parking. provided: Cafe' 7 seats Retail Space 1,770Sq.Ft Office Space 900SgXt Residential units- 4 units 16. spaces. provrided Proposed uses and parking required Cafe' 68 seats 34 spaces required Retail Space 500Sq.Ft 2 spaces required Office Space -900Sq.Ft 3 spaces required Residential units -4 units. S spaces required 47 spaces: required As noted, based upon the restrictions of Ordinance 2010-29, which limits the Vanderbilt Beach parking garage to the exclusive use of the beach, the "park once" concept provided as justification. for the administrative parking reduction cannot be support and therefore APR- PL201500011922 is denied. Respectfully, 0000 Mike Bosi, AICP, Director, Zoning Division W: Raymond V. Bellows, Zoning Manager EXHIBIT I Collier County, FL : Vanderbilt Beach Park Vanderbilt Beach Park Location: End of Vanderbilt Beach Road Hours: 8 a.m. to sundown Phone: (239)252-4000 Vanderbilt Beach Park is one of the most popular beach accesses, because it is in a prime location near upscale hotels and in the popular North Naples area. Page 1 of 1 Vanderbilt Beach offers wide space for all visitors, gorgeous white sand surroundings, sea oats and rest room access. r ;...�i �,' asF+, w :�.Yw-v r,�11:, L�'1a1� � � Y�+'.�ay,.� - 1++d:i�•.. •f�. zF c"'� nt. ?Y... a s '�. i y �i6 During season (tourist months), it can be a task finding a spot on the beach, but there is plenty of sand for everyone. If you arrive before io a.m. January to March, there will be plenty of spreading room on beautiful Vanderbilt Beach. If you are coming from U.S. 41 (Tamiami Trail), you would head West on Vanderbilt Beach Road and the park is at the end of the road. Parking is free for those with beach parking stickers, otherwise there is a $8 parking fee per day. Vanderbilt Beach Park has opened a new 375 -space parking garage for public use. This is a nice expansion on the parking lot that used to only hold just over 120 vehicles. The parking garage is located just West of the Ritz Hotel entrance a few steps from the beach. http:l/www.colliergov.net/your-government/divisions-f-r/parks-and-recreation/beaches-and-... 9/6/2016 EXHIBIT J milli an,, customer sur�ey/p�tl�n Bysl�B bdmo I am ac�vl t4at tw iof�arnnaaou pt�ovl�eti b tsue and ar�rca�e.I gmalsoRUN sonal�etl�tl s�ortihe BesckIIaacCai�Adml�rattve P keductlont�c►at�yfn *12�d [�pp�ortt�irplans�iOnWI+oti� wm�. 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I Cam fir dw Armie Here to vitt MW eek tic Cafe Request to Speak under Public Petition Please print Name: ANTHONY P. PIKES, JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. Address: 3200 NORTH TAMIAMI TRAIL, SUITE 200, NAPLES, FL., 34103 Phone: 239-649-6555 Date of the Board Meeting you wish to speak: APRIL 5, 2016 Must circle yes or no: Is this subject matter under litigation at this time? Yes /0 Is this subject matter an ongoing Code Enforcement case? Yes 6D Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): 1. Inaction by staff in the Growth Management Department, Zoning Division in reevaluating, reviewing and setting aside an administrative parking reduction, APR-PL20150001922 for the Beach Box Cafe ("APR"), which APR reduced the required parking from the LDC required 47 spaces to only 16 spaces. See attached Exhibit "A". 2. Lack of notice to surrounding property owners concerning review/granting of administrative parking space reductions. See attached Exhibit "A". Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): 1 Direct staff to reevaluate the staff approved administrative parking reduction, APR- PL20150001922 for the Beach Box Cafe ("APR"), which APR reduced the required parking from the LDC required 47 spaces to only 16 spaces. See attached Exhibit "A" 2. Direct staff to bring recommendations to the Board to amend the Land Development Code (LDC) provisions relating to administrative parking space reductions (see Section 4.05.04.F.2) to require notice be provided to surrounding property owners. See attached Exhibit "A". H: IDATATORMSTu61ic Petition Request Form - 2013.doc EXHIBIT "A" TO PUBLIC PETITION FILED BY VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. 1. Administrative parking reduction, APR-PL20150001922, Beach Box Cafe On or about December 22, 2015, the Vanderbilt Beach Residents Association. Inc. ("VBR Residents") became aware of an administrative parking reduction (APR- PL20150001922) that was granted by Collier County staff for the business known as the Beach Box Cafe ("Beach Box"), with a stated address of 9002 Gulf Shore Drive, Naples, Florida. See Exhibit "A-1 ". The administrative parking reduction for the Beach Box Cafe ("Beach Box APR"), was issued on September 22, 2015, without any prior notice to any adjacent or surrounding property owners. Based upon CityView Portal records, the application for the Beach Box APR was submitted on August 25, 2015. The Beach Box APR reduced the otherwise required parking spaces for the Beach Box Cafe from the LDC required 47 spaces to only 16 spaces. On December 22, 2015, counsel for the VBR Residents sent an email to the applicable Collier County staff conveying the concerns of the VBR Residents regarding the substantial parking reduction provided by the Beach Box APR. See Exhibit "A-2" This communication made a preliminary request that Mike Bosi, as the Director of the Zoning Division, reconsider and set aside the September 22, 2015 approval of the Beach Box APR based in part upon: 1. property owners and residents in this area having for years expressed concern as to parking relating to this site and its uses and based upon initial cursory review the reduction provided by the Beach Box APR will only exacerbate the situation. 2. the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the SIP submittal. A copy of that Insufficiency Letter is attached as Exhibit "A-3". On December 28, 2015, an email was sent to County staff, in part requesting explanation as to the Beach Box APR submittal: "Note also that the text and contents of the 'EXHIBIT A PARKING REDUCTION JUSTIFICATION 'attached to the Affidavit are substantially different than the 'stand- alone' submitted 'EXHIBIT A PARKING REDUCTION JUSTIFICATION, BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain" No explanation as requested has been forthcoming. Follow up emails were sent to County staff on: January 14, 2016; January 28, 2016; February 27, 2016 and March 3, 2016, requesting the status of the review/consideration/analysis of the Beach Box APR as well as the pending SIP submittal, PL20150002649 for the same property. Responses have been promptly provided only as to the pending SIP submittal PL20150002649 (the "Beach Box SIP"), stating that the pending Beach Box SIP is on hold.' See composite Exhibit "A-4". However, there have been no responses as to the Beach Box APR since January 14, 2016; and, there has been no indication that any requested re-evaluation of the Beach Box APR has occurred. See CityView Portal printout, printed March 13, 2016, Exhibit "A-5".2 The lack of appropriate action to re-evaluate and set aside the Beach Box APR is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years have expressed concern as to parking relating to this site. 2. Lack of Notice of Administrative parking reductions Section 4.05.04.F.2 of the LDC provides a mechanism for an administrative reduction of required parking spaces. See Exhibit "A-6". No notice of such an application, consideration, granting or approval of such an application is required by the LDC. See page 185-186 of the Collier County "Administrative Code for Land Development", Exhibit "A-7". Therefore, adjacent and surrounding property owners and residents, who are most affected or impacted by any parking reduction, have no opportunity to be heard prior to the issuance of a parking reduction approval. This "no -noticed" process fails to protect adjacent and surrounding property owners and residents. This "no -noticed" process fails to safeguard adjacent and surrounding property owners and residents from reductions in required on-site parking, particularly when there are major reductions in required on-site parking, i.e. 47 required; 16 approved, in the Beach Box APR case. 1 It is to be noted that the Beach Box SIP relies upon the substantially reduced parking approved by the Beach Box APR and based upon CityView Portal records, the application for the Beach Box SIP was submitted on November 18, 2015. z It is also concerning that the Beach Box APR approval letter dated September 22, 2015 was not even reflected in CityView Portal as of March 13, 2016. 2 EXHIBIT "A-1 " • Co ler C014nty Growth Management Department Zoning Division September 22, 2015 John Podczerwinsky, Project Manager Davidson Engineering, Inc, 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Administrative Parking Reduction APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Podczerwinsky: In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The cafd would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafd. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F.4. Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. 2800 North Horseshoe Drive . Naples, FL 34104 • 239-252-2400 • www,colliefgov.net EXHIBIT a � B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square-footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. If you should have any questions, please do not hesitate to contact me. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager �* EXHIBITA PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): 7 Seats Existing Retail Space 1,770 Sq. Ft Existing Office Space: 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing/Unchanged)Residential Units: _ 4 Units = 8 Spaces Required Parking: Bcich Box talc Exhibit A: APR lustiftc lfion Septembu, 2015 47 spaces DAVIDSON Ili 111 11 I:. EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available = 16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk-up Restaurant Cafe with outdoor seating based on Seating) Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 25D = 2 parking spaces office - General Office Floor Areas = 1 per 300 sf o 400 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1+ (4 units x 1)=8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided =16 spaces A net existing deficiency of 31parkino spaces is noted. Beach Box 011,6 Exhibil A: APR Justification Sq tclnhu, 2015 2 \A,\v%V.L4iv1(I soi)cllgll)ccl'I Ilg.colll I DAVIDSON .— J;! i ; I I r., PROPOSED PARKING The Beach Box Caf6 seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.45.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34-676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on - street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town, These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants)/retail shop(s) nearby; while accessing all features on -foot. Beach Box C'aic Exhibit A: APR Juslilication September, 2015 3 www. da vidscmcngI'll ccring.cont DAVIDSON I r l I 1 I 1 1 I t i SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk-up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk-up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Caf6 has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on-site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with anv additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food/beverage/Health Department/Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow-up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Bach Box Cate ' Exhibit A: APR Justificatim Sehtcmber, 2015 H Nvww.da vi(ISO nengill ecri ng,com DAVIDSON . 1 1 - f i l i , I I. i DAVIDSON Appendix A Code of Ordinances of the Town of Fort Myers Beach § 34-676 Circulation and Parking Bcach Box Caf'6 Exhibil A: APR JUNditaklll August, 2015 «,%t,w.david,,onenginccring.coui § 34-676 Circulation and Parking (a) Qlf-streetparking reductions. The Downtown district is planned as a "park -once" district, with preference given to pedestrian movement within the district. On -street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off-street parking requirements found in —§- 34-2020 of this chapter. The follow percentages shall be multiplied by the number of off-street parking spaces normally required by 3§ 4-2020 of this chapter to determine the adjusted off-street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34-7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single -purpose, shared, or joint -use parking lots (see_ division 26 of this chapter), (3) Times Square pedestrian plazas (see Figure 34-7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Cafe F,xhibit A: APR Justification Augusl, 2015 www. clavi dsonengineering.com DAVIDSON I r 1-1 r I I E k I l 4 i- EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The * 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq, ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces .(Existing/Unchanged)Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Cafe Exhibit A: APR .Itistitication September, 2015 47 spaces ww%v.davidsonengI'll Con Jig. coil) DAVIDSON EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available = 16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk-up Restaurant (Cafe) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) _ 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 16 spaces A net existing de icienc _of 31 parking spaces is noted. Beach Box Cafe Exhilik A: APR ]ustificatinn Septunber, 2015 2 w ��n�, daviclsonengi n eeri ❑g. com DAVIDSON I [ r , 1,J{ { I j j : . PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fart Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34-676 of the Code Of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on - street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements, While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid) public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurant(s)/retail shop(s) nearby; while accessing all features on -foot. Reach Box CW Exhibit A: APR.luslificalicm September, 2015 www.cla vidsoncngineeri t�g.cc»3� DAVI D50N SITE CONSTRAINTS: The Beach Box Caf6 site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk --up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk-up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Caf6 can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on-site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by ail parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food/beverage/Health Department/Fire Code approvals that are necessary from the State or County have been obtained, This text further recognizes that any additional seating proposed on the site will require a follow-up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Beach Box Cote Exhibit A: All K hisdficalion September, 2015 4 www.davidsonenginecring, cont DAVIDSON EXHIBIT Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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@wpl-lecial.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. EXHIBIT V 2 Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 8:57 AM To: BosiMichael Cc: BellowsRay Subject: P.S. APR-PL20150001922; BEACH BOX CAFE Attachments: INSUFFICIENCY LETTER.pdf 1. Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 2. P.S. In addition Mike, this is a preliminary request that you reconsider and set aside your September 22, 2015 approval, based in part upon the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the above SIP submittal. A copy of that Insufficiency Letter is attached. 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 ai)ires@wi)l-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. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 9:46 AM To: 'BellowsRay'; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. I have found and reviewed that. There is no copy of a lease in those materials however. 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@wnl-le4al.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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab, Please let me know if I can be of any other assistance. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Cn Lrer C off tty From: Anthony Pires [mai Ito: APires@wpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Ce: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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@wpi-legal.com Firm Website: www.wpi-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. 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. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 9:50 AM To: 'BellowsRay'; ScottChris Cc: BosiMichael Subject: RE: P.S. APR-PL20150001922; BEACH BOX CAFE Thanks Ray. 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@wpi-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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:48 AM To: Anthony Pires; ScottChris Cc: BosiMichael Subject: FW: P.S. APR-PL20150001922; BEACH BOX CAFE Hi Tony, I have copied Chris Scott to see if the SIP has any other information on parking as it is my understanding that the parking lot has been modified since the APR was approved. R4# Raymond V, Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239,252,2463; Fax: 239.252.6350 Co e_r CoH.vtty From: Anthony Pires [mailto:APires(a)wpl-legal.com] Sent: Tuesday, December 22, 2015 8:57 AM To: BosiMichael Cc: BellowsRay Subject: P.S. APR-PL20150001922; BEACH BOX CAFE 1. Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 2. P.S. In addition Mike, this is a preliminary request that you reconsider and set aside your September 22, 2015 approval, based in part upon the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the above SIP submittal. A copy of that Insufficiency Letter is attached. Thanks Tony Anthony P. Fires, 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 maybe 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, contact this office by telephone or in writing. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BeilowsRay'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 1111111111MO." 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@wpi-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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab, Rease let me know if I can be of any other assistance, Ra# Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239,2522463; Fax: 239,252.6350 Coiner C0""ty From: Anthony Pires [mailto:APires@wpl-Iegal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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@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. 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. EXHIBIT A_3.. COLLIER COUNTY Growth Management Department December 10, 2015 Josh Fruth Davidson Engineering, Inc Suite 201 4365 Radio Rd Naples, FL 34104 EMAIL - Josh@DavidsonEngineering.Com; jessica@davidsonengineering.com RE: Site Improvement Plan PL20150002649 Beach Box Cafe' Dear Mr. Fruth: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The followinz comments need to be addressed as noted. Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone #: (239) 252-5519 Correction Comment 1: Project name not approved, Beach is over used for a project name. Existing project name is Gulfview Condo. If project name is being changed, please state as one of the change in your cover letter (can't use Beach). Please provide a floor plan showing the units and what address is being used for said unit/units. Rejected Review: ADA Review Reviewed By: Paula Brethauer Email: paulahrethauer@colliergov.net Phone #: (239) 252-2401 Correction Comment 1: Per the ADA requirements and the Florida Accessibility Code there is a restriction on the reduction of any required accessible routes etc to the structure (202.3.1). Each portion of the building is considered a primary function per the code (202.4) retail, cafe, office etc and each shall be afforded the required H/C access. The request is to reduce the number of parking spaces from the required amount of 47 to 16 but per the code (208.1.1) the number of required H/C spaces may not be reduced. Per your statement and the LDC it is agreed that the number of EXHIBIT •3 parking space required for operation of the site is 47 spaces although the number is being reduced does not change the number required for operation of the site. Per the Florida Accessibility Code 47 spaces requires 2 HIC parking places, only one is indicated. Correction Comment 2: Per the Florida Accessibility Code section 206.2.5 some of the outdoor seating must be accessible which cannot be achieved if all tables/benches/seating are on grass. See also 302 Floor or Ground surfaces. Rejected Review: Transportation Pathways Review Reviewed By: Jodi Hughes Email: jodihughes@colliergov.net Phone #: (239) 252-5744 Correction Comment 1: 6.06.02 A.1. Sidewalks must be constructed within public and private rights-of-way or easements, which are adjacent to the site. Sidewalk or Payment in Lieu is required on Gulf Shore Drive. Correction Comment 2: Label all sidewalks on plan set either existing or proposed along with width of the sidewalk. Correction Comment 3: Call out HIC parking sign. Correction Comment 4: Call out all parking spaces. Correction Comment 5: All driveway entrance/exits must have crosswalks and truncated dome mats (FDOT 3041310). Correction Comment 6: Stop signs and stop bars are required at driveway entrances/exits. Rejected Review: Transportation Planning Review Reviewed By: Stephen Baluch Email: StephenBaluch@colliergov.net Phone #: (239) 252-2361 Correction Comment 1: TIS Guidelines (Resolution 06-299) 12/09/15 Comment: Please provide an updated trip generation summary since there is the potential for increased trips based on the proposed change in use and increased restaurant seating. A reasonable reduction in vehicle trip generation can be assumed based on the analysis provided for the approved administrative parking reduction. The weekday trip generation is also needed to determine the required ROW permit fees. Call to discuss the methodology. If the trip analysis shows additional net new trips, then a TIS will be needed to verify transportation concurrency and a $500 TIS methodology/review fee will be required. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott@colliergov.net Phone #: (239) 252-2460 Correction Comment 1: 10.02.03.B.l.b.ii.(b)(v) On site plan, in chart form, setbacks & separation of structures required and provided Please update the setback table to identify the existing setback dimensions. Correction Comment 2: 10.02.03.13.1.b.ii.(c)(i) On site plan, in chart form, parking summary, type of use The parking table is unclear. The restaurant use identifies indoor seating and therefore cannot be classified as a walk-up restaurant (see LDC definitions). It appears the restaurant use should be classified as fast food. Please identify the restaurant public area square footage and seats, as well as the restaurant non-public area. Non-public area must provide parking at a ratio of I space per 200 sq ft and is in addition to the public area parking calculation of greater of 1.70 sq ft or 1:2 seats. Correction Comment 3: 10.02.03.B.Lb.ii.(c)(iv) On site plan, in chart form, number of spaces provided The site plan and APR (PL20150002649) state there are 16 parking spaces provided; however, the site plan only shows eight on-site (handicap space off of Vanderbilt Beach Road and 7 spaces off of the a]Icy), Please clarify how 18 spaces are provided. If you are counting off-site parking spaces, then please provide evidence that these spaces are dedicated to this property per LDC 4.05.02 K.2. Correction Comment 4: 10.02.03.B.1.b.ii.(c)(1) On site plan, in chart form, parking summary, type of use The parking table states there are 18 outdoor seats for the restaurant. The site plan only shows 10. Please identify where the additional seats are located. Per LDC 10.02.03 B.10., all outdoor serving areas shall be explicitly detailed on the site plan showing layout of chairs, tables, benches, bars and other serving area features. The seating layout is inconsistent between the site plan and the landscape plan. The landscape plan shows a chair placed on a tree trunk. Please make sure both plans are consistent. Correction Comment 5: 10.02.03.13.l.b.ii.(b)(vii) On site plan, in chart form, maximum building height, both zoned and actual, per Sec. 1.08.00 Please update the planning notes to identify the existing heights, lot area, lot width and separation. Correction Comment 6: 10.02.03.B.2.e.xi On Site Plan, location of existing and proposed landscaping The SIP shows the removal of driveway/pavement to make room for outdoor seating along Gulf Shore Drive. Please relocate outdoor seating area to provide the full 10' Type D Buffer. Correction Comment 7: Pursuant to LDC Section 10.02.03 B.1 O.a-e., the following conditions are required to be met in order to establish outdoor serving areas on site: 1. No amplified sound or live performances are permitted in the outdoor serving areas; 2. An enhanced 10' Type D buffer is required between the outdoor seating and adjacent residential zoning districts (adjacent to Gulf Shore Drive). These conditions are necessary to mitigate the impacts of outdoor serving areas on adjacent residential zoning districts and uses. Please update the plans accordingly. If the applicant is not willing to agree to these conditions, then this Insufficiency Letter shall be deemed a denial of the SIP. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone #: Correction Comment 1: The existing Oaks that are used to meet the West buffer requirement are in the right of way. Only trees within the property line may be counted toward requirements. Please add trees within the West property line to meet the buffer requirement along Gulf Shore Drive. Correction Comment 2: Just an informational comment: For sites located South and West of Hwy 41, all required landscape is to be native. It appears though that all of the landscape requirements have been met without the raised planter holding the Asian Jasmine and Aloe. VII under Project Calculation Table on sheet 3 indicates that 75% of trees and 50% of shrubs must be native. Just for future reference, code requires 100% of "all required landscape" to be native if the site is West or South of Hwy 4I. This would include ground covers if only the minimum required area for building perimeter landscape is provided and ground covers are used. Rejected Review: Utility Billing Review Reviewed By: George Cascio Email: GeorgeCascio@colliergov.net Phone #: (239) 252-5543 Correction Comment 1: Miscellaneous Corrections Dumpster Enclosure details are needed. The_followinr comments are informational and/or may include stipulations: N/A When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions, please contact me at (239) 252-2460. Sincerely, Christopher Scott Principal Planner Growth Management Department EXHIBIT A-411 Anthony Pires From: Anthony Pires Sent: Monday, December 28, 2015 7:00 AM To: 'BellowsRay'; 'BosiMichael ; 'ScottChris'; 'JamesFrench@colliergov.net'; 'michaelsawyer@col liergov.net' Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Attachments: 2015-08-24 BB APR- Vaguna Affidavit.pdf; 2015-08-24 BBC APR- Exhibit A.pdf; CITYVIEW APR.pdf; BB 2015-11-17 BBOX- APR APPROVAL (2).pdf Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): EXISTING AND REQUIRED PARKING ExIsth* site parking provisions were obtained by counting the measured P found on a survey of the property, and were confirmed by performing a marked and unmarked spaces have been identified in this application. Bol leased spaces are reflected in this count. Total existing parking spaces provided= 12 space 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): Although additional parking has been obtained via lease agreement (within spaces) that parking is still insufficient to meet LDC requirements for the.( Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". EXHIBIT 1 p O Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. 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 aipires@wipl-lecial.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: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 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 C 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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number, You should be able to view under the documents and images tab, Please let me know if i can be of any other assistance. R411 - Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239,252.2463: Fax: 239.2526350 Co en Gaxnty From: Anthony Pires [mailto:APiresCawpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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@wr)l-leqal.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. 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. 4 DE DAVIDSON D SO N EE RING EXHIBITA PARKING REDUCTION JUSTIFICATION 11►r9.1•701118111M0 In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.34 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing; uses are quantified as follows: Existing Cafe (Indoor seats): 7 Seats Existing Retail Space 1,770 Sq. Ft Exiting Office Space: 900 Sq. Ft. Existing Residential Units: 4 Units Existing Parking Available: 26 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing/Unchaneed) Residential Units: 4 Units = S Soaces Required Parking: 47 spaces BeLich 13o,, Cal'r kxhihil :1: APR Jn>Iifualion : W"LI51. 2015 14 N5 %.dziN ILitiU]1CI1L3l1lCl'I IYL.Clllll 1 EXISTING AND REQUIRED PARKING Existing site parking provisions were obtained by counting the marked and unmarked parking spaces found during a site visit and assessment of the property. All counted parking spaces are included in this application. Total existing parking spaces provided = 26 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk-up Restaurant (CaW with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf 0 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf 0 900 / 300 = 3 parking spaces Multifamilv Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 26 spaces A net existing deficiency_ of 21 parking spaces is noted. Beach Box Cal Exhibit A: AFR Jactilicadon Augiut. 2015 2 N 1151.11aN Iii NO IMIgII1CC1'l I1t.C17 III DE DAVIDSON ENGI NEE R I N G PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement fort he mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 26 spaces, resulting in a shortfall of 21 parking spaces (or 45% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification forthe reduction in parking. Please refer toAppendixA for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34-676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on -street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi- story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants)/retail shop(s) nearby; while accessing all features on -foot. Beach Bo\ Calc 1 \hihit A: APR JUI t 6CAinn Au.,usi, ?U 15 3 JjnillL�.c.,ii, t xYt+xK.� DE DAVIDSON E N G I N E E R I N G SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk-up restaurant uses within a site that is limited to 0.34 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk-up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements orto accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 21 parking spaces, reducing the total requirement of the on-site spaces to the 26 that remain to serve employees and residents. This request represents a 45% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food/beverage/Health Department/Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow-up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Beads Bo\ Ca, lc l,\hihil -\:-1PlZ,lustilicatiaen 'lllw lid(. 2015 4t 1151 .1�i1\ Il}til)I1 CI1�II1Cl'1'I I1t,Cl)Ill Appendix A Code of Ordinances of the Town of Fort Myers Beach § 34-676 Circulation and Parking lkwh M, (W JAWL A: APR JuM Tcwhr Augun 20 15 DAVIDSON � 1,1,. 1 r, 1, 1, c. § 34-676 Circulation and Parking (a) Off-street parking reductions. The Downtown district is planned as a "park -once" district, with preference given to pedestrian movement within the district. On -street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off-street parking requirements found in ti 34-2020 of this chapter. The follow percentages shall be multiplied by the number of off-street parking spaces normally required by � 34-2020 of this chapter to determine the adjusted off-street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34-7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single -purpose, shared, or joint -use parking lots (see - division 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34-7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Bo\ Caft 1:xhibil A: APIC .lustiliuuion A LII USI. 2U 15 \N"NN AIM icls011C11',�iItW_iI)gX011 I DE D"IDSON E N G I N E E R I N G Planning Application Status - CityView Portal Page 1 of 2 GMD Public Portal Planning Application Status Note: You can collapse and expand Individual sections by clicking the header of the section you wish to collapse expand. C..— Planning ..n.... Planning Project Application Number: PL2C150001922 Project Name: Beach Box Cafe Application Types: Administrative Parking Reduction (Status: Complete) Application Status: Open Property Owner's Full Name: VAGUNA CORPORATION Description of Work: Administrative Parking Reduction -(See scanned attached documents) Locations: 79122440003 Date Entered: 08/25/2015 — Application Types (Click to See Reviews) — Administrative Parking Reduction Application Status: Complete 1 Initial Submittal 08/25/2015 Status: Accepted Fees Document Name 08/25/2015 — Paid Fees Amount Paid Owing Date Paid Administrative Parking Reduction $500.00 $500.00 Paid 08/25/2015 2015-08-24 BB Outstanding Fees Amount Paid Owing Date Paid 08/25/2015 No outstanding fees. APR- Addressing Checklist 08/25/2015 2015-08-24 BBC APR- Deed Totals: $500.001 $500.1)01 $0.001 Inspections APR- Application 08/25/2015 Vaguna- 5unbiz There are no Inspections for this planning application. — Meeting Requests One-on-one Sufficiency Review Meeting: Reouest a meeting PreApplication Meeting: Reouest a meeting Telephone Consultation for Insubstantial Reauest a meeting Change to SP or CP: — Documents & Images Date Uploaded Document Name 08/25/2015 APPLICATIQN 1 08/25/2015 APPLICATION 08/25/2015 PL Payment Sllo 08/25/2015 2015-08-24 BB APR- Vaguna Affidavit 08/25/2015 2015-08-24 1}BC APR- Exhibit A 08/25/2015 2015-08-24 BBC APR- Addressing Checklist 08/25/2015 2015-08-24 BBC APR- Deed 013/25/2015 2015-08-24 BBC APR- Survey, 08/25/2015 2015-08-26 BB APR- Application 08/25/2015 Vaguna- 5unbiz Info 08/25/2015 Receipt for transaction:_ 2015,-0467311 http:Hcvportal.colliergov.net/Ci... http:l/cvportal.colliergov.net/Ci... Monday, December 28, 2015 Planning Application Status - CityView Portal Page 2 of 2 http://cvportal.colliergov.net/Ci... http://cvportal.colliergov.net/Ci... Monday, December 28, 2015 Co Ier C0141 .ty Growth Management Department Zoning Division September 22, 2015 John, Podczerwinsky, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Administrative Parking Reduction APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Podczerwinsky: In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafe, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafe area. The cafe would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of lb spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafe. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F.4. Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. 2800 North Horseshoe Drive 9 Naples, FL 34104 9 239-252-2409 . www. collie rgov.ret B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafd, retail, office, and residential in the square-footages stated in the application, C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. If you should have any questions, please do not hesitate to contact me. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager 1* EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation, This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): 7 Seats Existing Retail Space 1,770 Sq. Ft Existing Office Space: 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing/Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Bunch Box Caf] Exhibii A: APR .Iustification September, 2115 47 spaces ww rv. di v i d son cngi n gen ng. c❑ m DAVIDSON l i , 1"1 3.. EXISTING AND REQUIRED PARKING DAVIDSON I I i I'', Existing site parking provisions for Beach Sox were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available = 16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk-up Restaurant (CaW with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf 0 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 16 spaces A net existing deicienc of 31 varking spaces is noted. Beach Box Cale. Exhibil AT APR Justification Schtember, 2015 -u titi.d i� ids�ncnginccring.com 2 PROPOSED PARKING The Beach Box Caf6 seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 140% reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g, Old San Carlos Boulevard). Please refer to Section 34-676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on - street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants)/retail shop(s) nearby; while accessing all features on -foot. Beach Box C'afc Exhibit A: APR .Iuslitictition September, 2015 3 ww4v.davidsoncngi nccri ng.coin DAVIDSON 1: 1. i t . 1 I. SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk-up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk-up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on-site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food/beverage/Health Department/Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow-up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Beach Box Cafe Exhibit A! APR Justification Selxanbe, 2015 4 ww�i�.�iavisJsonen�,inc:crinb.cnot DAVIDSON Appendix A Code of Ordinances of the Town of Fort Myers Beach § 34-676 Circulation and Parking Beach Box CaC6 Exhibit A: APR JUS( lication August, 2015 www. da v i dscmengI'll Con ng. coil) DAVIDSON § 34-676 Circulation and Parking (a) Off-streetparking reductions. The Downtown district is planned as a "park -once" district, with preference given to pedestrian movement within the district. On -street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off-street parking requirements found in $ 34-2020 of this chapter. The follow percentages shall be multiplied by the number of off-street parking spaces normally required by 34-202 of this chapter to determine the adjusted off-street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34-7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single -purpose, shared, or joint -use parking lots (see division 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34-7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Cafe Exhibit A; APIC JUStlfleattotl August, 2015 �vww.davidsotlengineering.conl DAVIDSON I I', X111 I IIIb. EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq, ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces Existing/Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Calc Exhibit A: APR JL1Sfification September, 2015 47 spaces �i�wtia�.cla vizlsoncngi �tcori itg.cottt DAVIDSON f'. 1 1 1 1'c EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total harking spaces available = 16spa Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk-up Restaurant.(Cafd) with Outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500/250=2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units= 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 16 spaces A net existing deficiency of 31 parkins spaces is noted. Brach Box Cafe Exhibil A: APR Justification Septauhu, 2015 2 www,daviclsanengineeri ng. cpm DAVIDSON PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort- Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Did San Carlos Boulevard). Please refer to Section 34-676 of the Code otOrdinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on - street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of (paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants)/retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafe Exhibit A: AI'R Justir;ca(ion September, 2015 3 www.daviclsonongineering.aom DAVIDSON 1, 1. ' 1 i I SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk-up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk-up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on-site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction oniv. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food/beverage/Health Department/Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow-up application [such as a Site improvement Plan] to authorize the change in square footage and seating allocation. Bench Box Ciire Exhibit A: APR.Iuslir=60r1 September, 2015 4 ��nuw.Llaviclsonenginccring, coni DAVIDSON 11, , , , , „ , AFFIDAVIT OF AUTHORIZATION (print name), as Cn.n (insert title, if applicable) of Vaguna Corporation, (insert company, if applicable) swear or affirm under oath, that I am the owner X applicant _ contract purchaser _ and that 1. 1 have full authority to secure the approvals) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that a. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/1 authorize Davidson Engineering, Inc. and 9020 Master Lease LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. Signature (�=f, n �:. C�•Pc• N'�. STATE OF f--1G� 'cam COUNTY OF ew z r-15 Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by lgz-e- rr' (.Jrl,4),1 T1. (name of person providing oath or affirmation), as C,2 i -i. Ca,,., -mac I who is personally known to me or who has produced (type of identification) as identification. STAM Signature of tary Public WRYANHE RA M �ONil+5:IC1! I FF 22&W y. tr EXP RES. July 22.2019 fJon,kd 7hru Way Publ-c U",,A., EXHIBITA PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.1' 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafk; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The t 0.34 acre property is existing and currently In operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Caf@ is at the Northeast corner of the intersection of Guff Shore Drive and Vanderbilt Beach Road. The existing uses are Quantified as follows: Existing Caf6 (Indoor seats): Existing Retail Space Exiting Office Space - 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Existing Parking Available: 32 Spaces The proposed uses are Quantified as follows: Proposed Cafd (Outdoor seats): 18 Seats = 9 spaces Proposed Cafd (indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft- = 3 Spaces lExistiniz/Unchaneed) Residential Units: 4 Units = B Spaces Required Parking: 47 spaces Beach Box Card Exhibit A: APR Justification August, 2015 www.davidsonengincering.com EXISTING AND REQUIRED PARKING Existing site parking provisions were obtained by counting the measured parking spaces found on a survey of the property, and were confirmed by performing a site visit. All marked and unmarked spaces have been identified in this application. Both on-site and leased spaces are reflected in this count. Total existing parking spaces provided = 32 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's current parking requirements are calculated as follows: Walk-up Renaurant tCafL&l with outdoor seatina (based on Seating) Indoor Seating =I per 2 Seats o 50 / 2 = 25 parking spaces Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas =1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office Floor Areas =1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units =1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 Spaces As noted above, the total existing parking spaces provided = 32 spaces A net existing deficiency of 15 parking spaces is noted. Beach Box Wd Exhibit A: APR Justification August, 2015 w.a«v,dav idsuncnginccring.com PROPOSED PARKING The Beach Box Caf6 seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafc allotted parking provides only 32 spaces, resulting in a shortfall of 15 parking spaces (or 32% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which Is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there Is a provision within this section that allows "evidence of parking ragas applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refertoAppendixA for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100°A reduction for uses serving those areas that typically serve beach -related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated In the Town's Code of Ordinances, where there is a recognition of on -street parking provisions, in addition to acknowledgement of the numerous on -street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right-of-way for public parking, as well as the multi- story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants)/retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafe Exhibit A: APR Justification August, 2015 %ww.davidsonenginccring.com SITE CONSTRAINTS: The Beach Box Caf$ site has historically served foot traffic from the adjacent Public beach. The three-story mixed-use structure serves residential, retail and walk-up restaurant uses within a site that is limited to 0.34 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority business of which is dependent upon walk-up users. Although additional parking has been obtained via lease agreement (within the total 32 spaces) that parking is still insufficient to meet LDC requirements for these uses. The existing parking spaces are frequented by residents of the building and employees, with little parking leftover for customer access. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day-to-day use, but due to the lack of available land for parking lot expansion, the Beach Box Caf6 has no opportunity to increase its parking facilities to meet the minimum requirements. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 15 parking spaces, reducing the total requirement to the 32 [on-site and [eased] spaces that remain to serve employees and residents. This request represents a 32% reduction of the LDC required 47 spaces. Beach Box Cafes Exhibit A: APR Justification August, 2015 mvw.davidsonengineering.com Appendix A Code of Ordinances of the Town of Fort Myers Beach § 34-676 Circulation and Parking Beach Sox Cuts' Exhibit A: APR Justification August, 2015 %4 ww.davidsoncngineering.com § 34-676 Circulation and Parking (a) Off-street parking reductions. The Downtown district is planned as a "park -once" district, with preference given to pedestrian movement within the district. On -street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off-street parking requirements found in §}AwZ020 of this chapter. The follow percentages shall be multiplied by the number of off-street parking spaces normally required by_ 34-2020 of this chapter to determine the adjusted off-street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34-7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single -purpose, shared, or joint -use parking lots (see_ vision 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34-7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Cafd Exhibit A. APR Justification August, 2015 www.davidsonengineering.com Anthony Pires From: Anthony Pires Sent: Wednesday, December 30, 2015 11:47 AM To: 'SawyerMichael' Subject: RE: The Beach Box issues; Block "D" Thanks Mike. No need to apologize as I recognize lots of folks are taking time off. Happy and Safe And Good New Year! 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 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: SawyerMichael[mailto:MichaelSawyer@colliergov.net] Sent: Wednesday, December 30, 2015 11:43 AM To: Anthony Pires Subject: RE: The Beach Box issues; Block "D" Tony, We are researching/consulting with our ROW staff to address your enquiry. I apologize for the delay. 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@wol-legal.com] Sent: Thursday, December 24, 2015 9;24 AM To: SawyerMichael Subject: FW: The Beach Box issues; Block "D" Good morning Mike. Merry Christmas (though you will not see this until after). I am sending this to you as Trinity's email said she is out until Jan. 4th. 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 ar)ires@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: Anthony Pires Sent: Thursday, December 24, 2015 9:20 AM To: 'ScottCh ris' Cc: 'BellowsRay'; 'BosiMichael'; 'JamesFrench@colIiergov.net'; 'Trinity5cott@colliergov.net' Subject: FW: The Beach Box issues; Block "D" Chris, here is Resolution P.U. 77-7-C that appears to apply to Block "D". Please see the agreed upon conditions. Did the application for the SIP or building permit reference or take into account the second condition as to ROW or do you know if that ROW has previously been provided to Collier Cou nty? 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@wpl-legal.com Firm Website: www. wpl-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 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 eiectronic mail to this entity. Instead, contact this office by telephone or in writing. Anthony Pires From: Anthony Pires Sent: Thursday, January 14, 2016 8:32 AM To: 'BosiMichael'; 'BellowsRay'; 'ScottChris; 'FrenchJames; 'SawyerMichael' Cc: 'StoneScott; 'Ashton Heidi'; 'CasalanguidaNick' Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning. As a follow up to our various email exchanges and brief hallway conversations this past Tuesday, please advise as to the status of the review/consideration/analysis of the Previously issued APR for the Beach Box [APR-PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. 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@wpl-legal.com Firm Website: www.wpi-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. -----Original Message ----- From: BosiMichael[mailto:MichaelBosi@colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re-evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires@wpl-legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg@01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png@01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. 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<maiIto: 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: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'Bellows Ray'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 9 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-legal.com<mailto:apires@wpl-legal.com> Firm Website: www.wp1-1ega1.com<http://www.wpI-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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department — Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg@01 D1 3C9D.8766371 0] From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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 @wpl-legal.com<mailto:apires @ wpl-legal.com> Firm Website: www.wp1-1egal.com<http://www.wpi-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. 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. Anthony Pires From: Anthony Pires Sent: Thursday, January 28, 2016 11:31 AM To: 'BosiMichael'; 'Bellows Ray'; 'ScottChris'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott; 'Ashton Heidi'; 'CasalanguidaNick' Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, P RBD20151137330. 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@wpl-legal.com Firm Website: www.wp1-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. -----Original Message ----- From: BosiMichael[mailto:MichaelBosi@colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BeilowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re-evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires@wpl-legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg@01 Dl413D.4BC383DO] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png@01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. 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<mailto: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: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 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 @wpl-legal.com<mailto:apires @ wpl-legal.com> Firm Website: www.wpl-legal.com<http://www.wpi-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: BellowsRay [mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department — Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg@01 D1 3C9D.8766371 0] From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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@wpl-legal.com<mailto:apires@wpl-legal.com> Firm Website: www.wp1-legal.com<http://www.wp1-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. 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. Anthony Pires From: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To: 'ScottChris'; 'BosiMichael'; 'BellowsRay'; TrenchJames'; 'SawyerMichael' Cc: 'StoneScott'; 'AshtonHeidi'; 'CasalanguidaNick'; WilkisonDavid Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR-PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR-PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. 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@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. -----Original Message ----- From: ScottChris[mailto:ChrisScott@colliergov.net] Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD20151137330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 -----Original Message ----- From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. IIsm11'T 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@wpi-legal.com Firm Website: www.wpl-fegal.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. -----Original Message ----- From: BosiMichael[maiito:MichaelBosi@coil iergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; BEACH BOX CAFE Tony, Ray and 1 are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re-evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires@wpl-legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg@01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05,02.x.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. 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<mailto:apires @wpl-legal.com> Firm Website: www.wpi-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: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'Bellows Ray'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 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 @ wpl-legal.com<mailto:apires @ wpl-legal.com> Firm Website: www.wp1-legal.com<http://www.wp1-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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg@01 D13C9D.876637101 From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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 @ wpl-legal.com<maiIto: apires @ wpl-legal.com> Firm Website: www.wpi-legal.com<http://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. 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. Anthony Pires From: Anthony Pires Sent: Thursday, March 03, 2016 9:40 AM To: 'ScottChris; 'BosiMichael'; 'BellowsRay'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott; 'AshtonHeidi'; 'CasalanguidaNick'; 'WilkisonDavid' Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Please advise. 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@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 ail its attachments. From: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To:'ScottChris'<ChrisScott@colliergov.net>;'BosiMichael' <MlchaelBosi@colliergov.net>;'BellowsRay' <RayBellows@colliergov. net>; Trenchiames' <jamesfrench@colliergov.net>; 'SawyerMichael' <M ichael5awyer@col liergov.net> Cc: 'StoneScott' <Scott5tone@colIiergov.net>; 'AshtonHeidi' <HeidiAshton@colliergov.net>; 'Casa languidaNick' <NickCasalanguida@colliergov.net>; WilkisonDavid <DavidWilkison@colliergov.net> Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR-PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR-PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. 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@wlDl-leqal.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. -----Original Message ----- From: ScottChris[mailto:ChrisScott@colliergov.net] Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD20151137330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 -----Original Message ----- From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. 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 mires@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. -----Original Message ----- From: BosiMichael[mailto:MichaelBosi@colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re-evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @ wpl-legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg@01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @ 01 D1413DABC383D01 Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objectionshnformation submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. 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<maiIto: apires@wpl-legal.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: Tuesday, December 22, 2015 11:30 AM To: 'Bellows Ray'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 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@wpl-legal.com<mailto:apires@wpl-legal.com> Firm Website: www.wpl-legal.com<http://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: BellowsRay [mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.'pg@01 D13C9D.87663710] From: Anthony Pires fmailto:APires@wpl-legal.coml Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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 a ires@w I -le al.com<maiIto:a ires@w I -le al.com> Firm Website: www.wpl-legal.com<http://www.wpl-legal.com> l.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, contact this office by telephone or in writing. AnthonyPires From: Anthony Pires Sent: Thursday, March 03, 2016 9:56 AM To: 'ScottChris'; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick; WilkisonDavid Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Thanks Chris. I do check that but I have unfortunately found many times the entries are not current. Your quick reply is greatly appreciated. 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@wpi-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: ScottChris [mailto:Chris5cott@colliergov.net] Sent: Thursday, March 03, 2016 9:55 AM To: Anthony Pires <APires@wpl-legal.com>; BosiMichael <MichaelBosi@colliergov.net>; BellowsRay <RayBellows@colliergov.net>; FrenchJames <jamesfrench@colliergov.net>; SawyerMichael <MichaelSawyer@colliergov.net> Cc: StoneScott <ScottStone@colliergov.net>; AshtonHeidi <HeidiAshton@colliergov.net>; CasalanguidaNick <NickCasalanguida@colliergov.net>; WilkisonDavid <DavidWilkison@colliergov.net> Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged. You can always use the County's webportal to keep track of these projects in real time from your computer: http://cvportal.colliergov.net/CitvViewWeb/Planning/Locator Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 From: Anthony Pires [mailto:APires@wpl-legal.coml Sent: Thursday, March 03, 2016 9:40 AM To: ScottChris; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick; WilkisonDavid Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Please advise. 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@w I-legal.com Firm Website: www.wr)l-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: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To:'ScottChris'<ChrisScott@colliergov.net>;'BosiMichael' < Michael Bosi@colliergov.net>;'BellowsRay' <RayBellows@collier og v.net>;'French.lames'<iamesfrench@colliergov.net>;'SawyerMichael' <MichaelSawyer@collierg,ov.net> Cc:'StoneScott'<ScottStone@colliergov.net>;'AshtonHeidi' <HeidiAshton@collier ov.net>;'CasalanguidaNick' <NickCasalanguida@colliergov.net>; WilkisonDavid <DavidWilkison@colliergov.net> Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR-PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR-PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. 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@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. -----Original Message ----- From: ScottChris[mailto:ChrisScott@colliergov.net] Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD20151137330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 -----Original Message ----- From: Anthony Pires jmailto:APires@wpl-legal,com] Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review/consideration/analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. 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@wpl-legal.com Firm Website: www.wpi-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. -----Original Message ----- From: BosiMichael[m_ailto:MichaelBosi@colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR-PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re-evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires@wpl-legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR-PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR-PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.0pg@01 D1413D.4BC383D0] 4 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png@01 D1413DABC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off-site" on lots under different ownership, pursuant to LDC Section 4.05.02,K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand-alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 5 239-649-7342 Fax apires@wpl-legal.com<mailto: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: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'Bellows Ray'; 'BosiMichael' Subject: RE: APR-PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 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<maiIto: apires@wpl-legal.com> Firm Website: www.wpl-legal.com<http://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: BellowsRay[mailto:RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR-PL20150001922; BEACH BOX CAFE Hi Tony, found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.0pg@01D13C9D.87663710] From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR-PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns/objections/information submitted as to the reduction you provided . 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 @wpl-legal.com<mailto:apires @wpl-legai.com> Firm Website: www.wpl-legal.com<http://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. 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. EXHIBIT "A-5" Planning Application Status - CityView Portal Planning Application Status Note, You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. Cummary Page 1 of 2 GMD Public Portal Planning Project Application Number: PL20150001922 Project Name: Beach Box Cafe Application Types: Administrative Parking Reduction (Status: Complete) Application Status: Open Property Owner's Full Name: VAGUNA CORPORATION Description of Work: Administrative Parking Reduction -(See scanned attached documents) Locations: 79122440003 Date Entered: 08/25/2015 — Application Types (Click to See Reviews) 08/25/2015 2015-08-24 BBC — Administrative Parking Reduction 08/25/2015 2015-08-24 B8C Application Status: Complete 1 Initial Submittal 08/25/2015 Status: Accepted Review Application Type Outcome Est. Completed Completion Zoning Review Administrative Parking Approved 09/09/2015 09/22/2015 Reduction Fees Paid Fees Amount Paid Owing Date Paid Administrative Parking Reduction Outstanding Fees $500.00 Amount $500.00 Paid Paid 08/25/2015 Owing Date Paid Ida outstanding fees. PL Payment Slip 08/25/2015 Totals: 1 $500.00 $500.00 $0.00 — Inspections There are no inspections For this planning application. — Meeting Requests One-on-one Sufficiency Review Meeting: Recuest a meetino PreApplicatlon Meeting: Recuest a meeting Telephone Consultation for Insubstantial Recuest a meeting Change to SP or CP: — Documents & Images Date Uploaded Document Name 08/25/2015 APPLICATION 1 08/25/2015 APPLICATION 08/25/2015 PL Payment Slip 08/25/2015 2015-08-24 BB APR- Vaguna Affidavit 08/25/2015 2015-08-24 BBC APR- Exhibit A 08/25/2015 2015-08-24 BBC APR- Addressing Checklist 08/25/2015 2015-08-24 B8C APR- Deed 08/25/2015 2015-08-24 BBC APR- Survey http://cvportal.colliergov.net/Ci... http://cvportal.colliergov.net/Ci... EXHIBIT Sunday, March 13, 2016 Planning Application Status - CityView Portal Page 2 of 2 Date Uploaded Document Name 08/25/2015 - - AM- A i' 08/25/2015 Vaauna- SunbEz Info 08/25/2015 RecelQt for transaction; 2015-046731 http:I/cvportal.colliergov.net/Ci... http:l/cvportal.colliergov.net/Ci... Sunday, March 13, 2016 EXHIBIT A-611 B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half ('/z) shall require a full off-street parking space. C. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces, providing paved off-street surface parking in excess of 120 percent of the requirements of this LDC shall request a variance in accordance with Chapter 9. The developer shall be required to provide double the landscaping required in interior vehicular use areas, as required by section 4.06.00 for those projects requesting such a variance. D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 1. Residential off-street parking. Driveways must be at least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side -loaded there must be at least a 23 -foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. E. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G. Spaces required. Table 17. Parking Space Requirements. EXHIBIT Page 7 EXHIBIT A-711 Collier County Land Development Code I Administrative Procedures Manual Chapter b J Waivers, Exemptions, and Reductions B. Administrative Parking Reduction (APR) Reference LDC subsection 4.05.04.1'.2 Applicability This procedure applies to the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. Pre -Application A pre -application meeting is not required, Initiation The applicant files an "Administrative Parking Reduction" application with the Planning & Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Section, township and range; • Subdivision, lot and block; and • Address of subject site. 5. Type of business. 6. Hours of operation. 3. Signed and sealed survey. 4. Addressing checklist. 5. To determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied, then the applicant may be required to submit the following: • Parking generation studies; • Evidence of parking ratios applied by other counties and municipalities for the specific use; • Reserved parking pursuant to LDC section 4.04.05; and • Other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. 185 1 P a g e L\Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.docx EXHIBIT .9 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 J Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 4.05.04 F.2. Updated 186 1 Page (:`,Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.docx