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Backup Documents 10/25/2016 Item # 8A
8 A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Zoning Person:Michael Bosi Comp Planning Manager Date:September 20.2016 Petition No (If none.give a brief description) PL20160002324 Petitioner(Name&Address) Brian 0 Cross Esq Goede,Adamczyk.DeBoest&Cross,PLLC 8950 Fontana Del Sol Way Naples,FL 34109 Name&Address of any person(s)to be notified by the Clerk's office (if more space is needed.attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: October 25,2016 (Based on advertisement appearing 20 days before hearing Newspaper(s)to be used (Complete only if important) xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500161942 Proposed text (include legal description&common locations&size Legal Section Non-Legal Section Companion petition(s).if any&proposed hearing date: Does Petition Fee include advertising cost') x Yes No. If yes.what account should be charged for advertising costs 131-138326-649100-00000 Reviewed By: Date: (I -��`�(w Division Administrator or Designee List Attachments DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office.retaining a copy file FOR CLERK'S OFFICE Date Received CO Up I Date of Public Hearing l®JdS"�1 Date Advertised d Of J 8 A Teresa L. Cannon From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, September 20, 2016 1:38 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez, Wanda Subject: Advertisement Request PL20160002324 BCC Attachments: Request for Advertising Signed Copy.pdf; Request for Advertising.docx Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Also note,this is an appeal so it does not contain a resolution at this time per Heidi Ashton. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING 8 A 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., the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence at 9:00 A.M.. The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION, OWNER OF THE BEACH BOX CAFE, FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR- PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (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 COLLIER COUNTY, FLORIDA DONNA FIALA CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 8 A Teresa L. Cannon From: Minutes and Records To: KulakPatricia Subject: RE:Advertisement Request PL20160002324 BCC I will forward the proof as soon as I receive it. From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent:Tuesday, September 20, 2016 1:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net> Subject:Advertisement Request PL20160002324 BCC Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Also note,this is an appeal so it does not contain a resolution at this time per Heidi Ashton. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 8 A Account #068779 September 20, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: ADA-PL20160002324, Beach Box Cafe Dear Legals: Please advertise the above referenced notice on Wednesday, October 5, 2016 and send the Affidavits of Publication, in Duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450011942 8 A 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., the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence at 9:00 A.M. The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION, OWNER OF THE BEACH BOX CAFE, FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR- PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (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) 8 A Co° Y9 f Collier CLERK OF THE C)RC IT COURT COLLIER COUNTOUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- r -rk of circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 p NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor C)}stodian of County Funds September 20, 2016 Brian O. Cross, Esq. Goede, Adamczyk, DeBoest & Cross, PLLC 8950 Fontana Del Sol Way Naples, FL 34109 Re: Petition ADA-PL20160002324, Beach Box Cafe Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 25, 2016, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 5, 2016. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 8 A Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 20, 2016 2:46 PM To: Naples Daily News Legals; Gori,Ivonne (ivonne.gori@naplesnews.com) Subject: ADA-PL20160002324, Beach Box Cafe Attachments: ADA-PL20160002324 (BCC 10-25-16).doc;ADA-PL20160002324 Beach Box Cafe (BCC 10-25-16).doc Legals, Please advertise the attached Legal Ad on Wednesday, October 5, 2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col l ierclerk.com 1 8 A Teresa L. Cannon From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, September 21, 2016 9:30 AM To: Teresa L. Cannon Subject: RE:ADA-PL20160002324, Beach Box Cafe Confirmed receipt From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Tuesday, September 20, 2016 2:46 PM To: NDN-Legals<legals@naplesnews.com>; Gori, Ivonne <Ivonne.Gori@naplesnews.com> Subject:ADA-PL20160002324, Beach Box Cafe Legals, Please advertise the attached Legal Ad on Wednesday, October 5, 2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at'.^:'ww.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(acollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 8 A Teresa L. Cannon From: ivonne.gori@naplesnews.com Sent: Wednesday, September 21, 2016 11:08 AM To: Teresa L. Cannon Cc: Ivonne Gori Subject: Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 > Ad Proof . .'aptrs B3aiL .. .**rws 8 A Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com .Acaiun1 InlorimItion t In,crtion Inlhrntation Date:09/21/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161. Ad Id:1280328 P.O.No.:45-11942 Total Cost:$410.91 Contact Name: Email:martha.vergara@collierclerk.com 1 Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:10/05/16 Stop Date:10/05/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com 1 u t' I I agree this ad is accurate and as ordered. 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, the Board of County Commissioners(BCC)will consider the ii enactment of a County Appeal.The meeting will commence at WOO A.M.The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: FILED ii AN AP EALTO THETIONBOA D OF ZONING APPEALSOWNER OF THE BEACHBOX OF T EFZON NG DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR-PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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- [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed- Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or r organization may be allotted 10 minutes to speak on an item. ill Persons ng to have written graphic atin the Board ageapackets must submit said material included minimse, of 3 weeks prior therespectivepublic hearing. In any case, written matintended to bconsidered by the Boardshall beub sed to he appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. Ifyou are a person with a disability who needs any accommodation in order to participate in this proceeding,youare entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 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 i DONNA FIALA CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) October 5,2016 No.1280328 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 8A Teresa L. Cannon To: Neet, Virginia; KulakPatricia; Bosi, Michael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, September 21, 2016 11:08 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject: Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 8A ' Teresa L. Cannon From: Bosi, Michael Sent: Wednesday, September 21, 2016 12:04 PM To: Teresa L. Cannon; Neet, Virginia; KulakPatricia Subject: RE: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Looks good to run. Thank you, mike Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, September 21, 2016 11:14 AM To: NeetVirginia; KulakPatricia; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, September 21, 2016 11:08 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject: Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 8A Teresa L. Cannon From: Neet,Virginia Sent: Wednesday, September 21, 2016 3:16 PM To: Teresa L. Cannon Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf; FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OFI Original Message From: AshtonHeidi Sent: Wednesday, September 21, 2016 2:55 PM To: NeetVirginia Cc: KlatzkowJeff; RodriguezWanda; CrotteauKathynell; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Approved. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirginia Sent: Wednesday, September 21, 2016 11:38 AM To: AshtonHeidi Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I For your approval. Dinny Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, September 21, 2016 11:14 AM To: NeetVirginia; KulakPatricia; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] 1 8A . Teresa L. Cannon To: ivonne.gori@naplesnews.com Subject: RE: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Ad looks good, ok to run! Thanks Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, September 21, 2016 11:08 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject: Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 11 i 1 PTIA-TL oI&O(O2 32 8 A 7,77;R:rrq:11:7I7:76 7-7737371170%71 l ad 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., the Board of County yCommissioners (BCC) will consider the enactment of a Countwill 9.00 A.M.The title of the proposed Appeal is as follows:commence at The purpose of the hearing is to consider: VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE -ADMINISTRATIVE PARKING REDUCTION THATA REDUCTION OF THE2REQU RED2PARKINGHAD FROMEQUESTED 41 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. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is attendand available for inspection. All interested parties are in o NOTE: All persons wishing to speak on any agenda item must a register with the County manager prior to presentation of n the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. o If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. aa- Persons wishing to have written or graphic materials included in fD the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall o be submitted to the appropriate County staff a minimum of Q1 seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part a of the record. n Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. N If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. in the Boarof listening devices for unty Commissioners Off ceaired are available 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 8A Napirs Bait: NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is.a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1280328 NOTICE OF PUBLIC HEA 45-11942 Pub Dates October 5,2016 //?1 (Sign ure of affiant) Sworn to and subscribed before me I sepriM;. IVONNE GOBI This October ,2016 Notary Public-State o1 Florida Commission *FF 900870 (ifirt �d:� My Comm.Expires Jul 16,2019 ,a; Bonded through National Notary Assn. 1011' (Signatur of affiant) ' 22D Wednesday, 33October 5,2016 Naples DailyilNews V um OFS.j I `4z;17,-W.,,,,,,,,, :^"='�""7Y- n OISale NON Ce Of 5liEr Notice Nona BIG CANOE,GA `0m NOTICE OF SALE LEGAL NOTICE Now accepting short term reservations for 2/2 cabin Notice is hereby given that Extra Space Storage will sell at public THE NORTH COLLIER FIRECONTROL AND RESCUE DISTRICT BOARD an 3 acres in the exclusive auction at the storage facility listed below,to satisfy the lien OF FIRE COMMISSIONERS WILL HOLD ITS REGULAR MONTHLY Big Canoe mountain resort of the owner,personal property described below belonging to MEETING ON THURSDAY,OCTOBER 13,2016 COMMENCING AT an hour north of Atlanta. MERCEDES-BENZ CLK430 those individuals listed below at location indicated: 9:00 A.M.IN THE TRAINING ROOM AT THE NORTH COLLIER FIRE Hot tub in deck and glorious CONVERTIBLE 2002 CONTROL AND RESCUE DISTRICT'S STATION 45 LOCATED AT 1885 views.Enjoy golf,tennis, Only 776 miles,new top, Auction Date&Time: VETERANS PARK DRIVE,NAPLES,FL 34109. hiking,waterfalls.Explore new tires,recent service 10/26/2016 @ 11:30 &shop nearby mountain maintenance,just detailed. 7755 Preserve Lane The agenda will be available the Monday prior to the meeting at towns.For photos,rates Drive and enjoy!$9,988. Naples,FI.34119 www.northcollierfire.com;or by calling 239-597-3222 to request and availability see listing (239)513-fs75. a fazed or emailed copy;or by visiting Station 45 located at 1885 #495166 on VRRO.com or Marinna Dias Andrade Atocha Michael Spano Veterans Park Dr.Naples,FL 34109. (706)579.1233 Unit 3109A Unit 3223 1 Personal Items Personal Property The North Collier Fire Control and Rescue District does not Clothes.Toys Mattress,Couch,Chair discriminate on the basis of disability. Anyone requiring 1for in the Americans Real Estate 0 Kevin Honnila Marilyn St.Hilaire with Disabilities Act should contact Lori Freiburg at(239)597- C muni regi Unit 5172 Unit 5143 3222 or via email to Ifreiburg@northcoll erfire.com. Household Goods Personal Property Chair,Tool Boz Bed,Mattress,Chair Chairman Norman E.Feder North Collier Fire Control and Rescue District Diana Ditka October 5,2016 No.1275994 AAA BEAUTIFUL SUITES Unit 1145 FROM$295.With conference Household Goods room.Call 239-643-1600 TV,Pictures,Sports Equipment Purchases must be made with cash only and paid at the above =WN ' !Illi referenced facility in order to complete the transaction.Extra TOLLGATE BUSINESS PARK Space Storage may refuse any bid and may rescind any purchase NOTICE OF PUBLIC HEARKEN AN Convenient Naples Location p until the winning bidder takes possession of the personal NOTICE OF INTENT TO CONSIDER APPEAL 3000 sq ft;14ftx14ft over- operty. heart doors;Central A/C,2 Sctuber 5&12,2016 No.1297791 Notice is hereby given that on October 25,2016 in the Board offices,2 Baths:$3000 per of County Commissioners Meeting Room,Third Floor,Collier month. Available Nov. 1, i r 3Te'' ,f-Tr ,, Government Center,3299 East Tamiam Trail, Naples FL., 2016.Call Paul(239)253-4755 Pgibl.Nc t r:/S, _ the Beard of County Commissioners(BCC)will consider the enactment of a County Appeal.The meeting will commence at ZELeNOTICE OF DEVELOPMENT DISTRICT SPECIAL MEETING 9:00 A.N.The title of the Proposed Appeal is as follows: TAUS PARK COMMUNITY DThe purpose of the hearing is to consider: A special meeting of the Board of Supervisors of the VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED Tales Park Community Development District will be held on AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING BtisvtaOud.r.Sate; October 13,2016 at 3:00 p.m.at the Tails Park Sales Center, DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING A FULL SERVICE RESTAURANT Find Fin 16980 Livingston Road,Naples,Florida 34110. This meeting is REDUCTION APR-PL20150001922 THAT HAD REQUESTED A U Intended to replace the regularly scheduled meeting of October REDUCTION OF THE REQUIRED PARKING FROM 41 PARKING &PIZZERIA• 12,2016,which was canceled. At the Special Meeting,the SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY IS $239,000 Land&Sea Realty, Board is expected to consider and discuss the minutes from the LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE Call Mel(239)877-1420 cycles, meeting of September 14,2016,adoption of the supplemental AND VANDERBILT BEACH ROAD IN SECTION 32,TOWNSHIP 48 assessment resolution,Staff reports,the monthly financial SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. reports of the District,and any other business which may [ADA-PL20160002324) lawfully and properly come before the Board. The meeting is A copy of the proposed Appeal is on file with the Clerk to the NEED CASH? boats poen to the public L w f be conducted Development vaccordancelmtwith the Board and is available for inspection.All interested parties are provisions of Floridalagen Law for Community mmentdt from invited to attend and be heard. We buy owner theA copy Dof the agenda 53r this meeting may be Sunrise obtained from financed Receive mortgages.moiDid RVsstrict may bei,5ntin aNNob dal Rd., , FL be NOTE:All persons wishing to speak on any agenda item must Receive money in This meeting may continued etoe a date,time,and place to be register with the Count manager prior[o presentation of one lump sum. n specified on the record at the meeting. Y ag GtUSO)Uet a a mote. the agenda item es be addressed. Individual speakers will be (888)861003 all Any person requiring special accommodations at limited to 3 minutes on any item.The selection of any individual this meeting because of a disability or physical impairment It speak on behalf of an organization es group is encouraged. ® Wheels/Recreation should contact the District Office at(954)721-8681 at least five If recognized by the Chairman,a spokesperson for a group or calendar days prior to the meeting. organization may be allotted 10 minutes to speak on an item. Each person who decides to appeal any action taken at Persons wishing to have written or graphic materials included in these meetings is advised that person will need a record the Board agenda packets must submit said material a minimum Igi of the proceedings and that accordingly,the person may of 3 weeks prior to the respective public hearing.In any case, need to ensure that a verbatim record of the of written materials intended to be considered by the Board shall is made,including the testimony and evidence upon be submitted to the appropriate County staff a minimum of SO'SLIP,-WINDSTAR Marina which such appeal is to be based. seven days prior to the public hearing.All materials used in on Naples Bay.Lease$450 presentations before the Board will become a permanent part mo.a for sale price call of the record. Dick(508)364-6264. Paul Winkeljohn Any person who decides to appeal any decision of the Board Manager will need a record of the proceedings pertaining thereto and October 5,2016 No.1276484 therefore,may need to ensure that a verbatim record of the VPvovnsFORMULA immor _ evi ceedings is made,which record includes the testimony and Boars 1 v dente upon which the appeal is based. Order Nor,for Fall Desrery' Place your - If you are a person with ad isability who needs any accommodation 90910th St.S.Ste.1oi. ad J" Notices Meeting ScheOuk FY 1016-2017 in order[o participate in this proceeding,you,are entitled,Pat lease www.fo,mulal,,,:,tti.com online at CNy Gate Community Development District no cost to you,to the provision of certain assistance. Please (1191 S online contact the Collier County Facilities Management Division, CAPTAIN'S UCENSE The Board of Supervisors of the City Gate Community located at 3335 Tamiami Trail East.Suite#101,Naples,FL 34112- Naples OUPV-6-pak s'"' Development District will hold its meetings for Fiscal Year 2016- 5356,(239)252-8380,at least two days prior to the meeting. Oct.10th 877-435-3187 loCalfie I 2017 in the Law Offices of Roger B.Rice,Esq.located at 9010 Assisted listening devices for the hearing impaired are available HURRICANE 20'DECK BOAT Thursday it each mSuite onth as7,Naples FL at 1:30 p.m.on the first in the Board of County Commissioners Office. 2004,115 Yamaha 4 stroke, Reath the locals! BOARD OF COUNTY COMMISSIONERS law hours,ex.cond.$11,500 October 6,2016 BOARD OF ZONING APPEALS (239)936-6838. "' November 3,2016 COLLIER COUNTY,FLORIDA MASTERCRAFT ski boat,1991, ' 1 December 1,2016 200 Barefoot,200HP Yama- ABSOLUTELY ALL AUTOS- January 5,2017 DONNA FIALA CHAIRMAN ha,$7,900.(239)269-7625. Wanted!Dead or Alive Top$ February 2,2017 SAILBOAT BOOM FINE NOB/16 FREE PICK UP 239-265-6140 March 2,2017 By:DWTeresar CannonROCK,CLERK or for other.See more.$99 April 6,2017 By: obo(239)246-9209 MOTORCYCLES,TRUCKS, JuMane I,2017 2017 Deputy Clerk(SEAL) 1 .-" -r -.... TOP PRICE.(2159)682-8687 July 6,2017 October 5,7016 No.1280328 CASH FOR CARS August 3,2017 We Buy Any Condition September 7,2017 _ RVS VehNaticle on's Top and There may be occasions when one or more Supervisors ' Now Buying&ConNe ping FREE Nation's Top Cyr Buyer will participate by telephone.At the above location there will be MIIMMIP Need Inventory Now: FREE Towing llFrom Anywherel present a speaker telephone so that any interested person can NOTICE OF PUBLIC HEARING www.easyescapesrv.com mom CallNOW (239)302-3789 888-657-/599 of the meeting at the above location and be fully informed NOTICE OF INTENT TO CONSIDER AN ORDINANCE of thehe discussions taking place either in person or by telephone WANTED ALL MOTOR HOMES Communication. Notice is hereby County given that on ersTuesday,e October 215'd II'In AND CAMPERS.Any cond. CORVETTES WANTED- Top the Board of County Commissioners meeting room,third floor, Cash Paid. (954)789-7530. dollar.9 0 or 41-92 Call 941- Any person requiring special accommodations at this Collier Government Center,3299 East Tamiami Trail,Naples FL., 809-3660 or 941-923-3421 meeting because of a disability orphysical impairment should the Board of COumy Commaece. (BCC)will consider the LARGEST BUYER IN FL-Autos, contact the District Office at(239)2�9-1343 at least five calendar enactment of a County Ordinance.The meeting will commence trucks,RV's,cycles.51K to days prior to the meeting. at 9:00 A.M.The title of the proposed Ordinance is as follows: STATE OF THE ART PORT 5100K.Dave.(239)250-2000 OF THE ISLANDS MARINA Each person who decides to appeal any action taken The purpose of the hearing is to consider: offering liveaboard slips STGRNS MOTORS at these meetings is advised that person will need a record of and daily/monthly dock- MOST TRUSTED the proceedings and that accordingly,the person may need AN ORDINANCE OF THE BOARD OF COUNTY age.Located in the heart BUYER Since 1977. to ensure that a verbatim record of the proceedings is made, COMMISSIONERS OF COLLIER COUNTY, FLORIDA of the Everglades. Call All Vehicles wanted including the testimony and evidence upon which such appeal is AMENDING ORDINANCE NO. 04-74, THE ORANGE Captain Steve for rates and Rod or Jim(239)774-7360 to be based. BLOSSOM RANCH PLANNED UNIT DEVELOPMENT(PUD), availability. (239)389-0367. em-14 T" ;•- '-r' TO ALLOW FOR OFFSITE REMOVAL OF EXCESS MATERIAL ASSOCIATED WITH TO CAVA TIONPERM ITS CA TO AMEND District Manager THE MASTER PIAN TO CHANGE THE LANDSCAPE BUFFERS .. TIRES 4+16"rims. October5.2016 No.1299978 TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS; • STORAGE: MOTORHOMES 2:100 oho(2391260-1288 P225/17OR AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT RVs, boat, to. Covered $100 obo(239)260-1288 IMIll PROPERTY IS LOCATED ON THE NORTH AND SOUTH SIDES available. (239)643-0447IMINIIIMOF OIL WELL ROAD(C.R.858)APPROXIMATELY ONE MILE i EAST OF IMMOKALEE ROAD(C.R.846)IN SECTIONS 13, R R 14 AND 24,TOWNSHIP 48 SOUTH,RANGE 27 EAST,AND _ BOARD OF SUPERVISORS MEETING DATES SECTION 19,TOWNSHIP 48 SOUTH,RANGE 28 EAST, THIS WEEKS SPECIAL HACIENDA LAKEFCOMMUNITY SCAL YEAR 2016VELOPMENT DISTRICT COLLIEPL201NT0R 00787)IDA CONSISTING OF 6160/-ACRES. "CASH PAID"for Used '8'-,a Travel Trailers&Park Models 9 i The Board of Supervisors of the Hacienda Lakes Community A copy of the proposed Ordinance is on file with the Clerk to the RV TRAILER SALES Development District will hold their regular meetings for Fiscal Board and is available for inspection.All interested parties are 19710 S 19710 South US 41,Ft Myers NOTICE OF ACTION Year 2016-2017 at the offices of Coleman.s.FL vich&Koester, invited to attend and be heard. 239.590-0066 or visit: PA 4001 Tamiami Trial N.,Suite 300,follows: Naples,FL 34103 at 9:00 a.m. holidayrvttmyersCaigmaiLcom Marianne Geraet MD unless otherwise indicated as follows: NOTE:All persons wishing to speak on any agenda item must announces the retirement register with item to County manager prior to presentation of �.__.t from her practice effective October 17,NM 201 the agenda be addressed. Individual speakers will be �' 10-21-16.Collins Visionrecords,will be November 21,2016 limited to 3 minutes on any item:The selection of any encouraged.assuming all patientbee December 19,2016 to speak on behalf of an organization or group is encouraged. and they can be reached at January 23,2017 If recognized by the Chairman,a spokesperson for a group or ' 239-936.4706,or by visiting February 27,2017• organization may be allotted 10 minutes to speak on an item. them at 6900 International March 20,1017 I Center Boulevard,Ft.Myers. April 17,2017 Persons wishing to have written or graphic materials included in or 860 11th Avenue N.Naples. May 15,2017 the Board agenda packets must submit said material a minimum MERCEDES-BENZ SL500 2003 September 21,28 and October June 19,2017 of 3 Weeks prior to the respective public hearing In any case. 506 mi.black.great cond. 5&12,2016 No.1266403 July 17,2017 written materials intended to be considered by the Board shall $15,900(239)348-5]]6. August 21,2017 be submitted to the approp ate County staff a minimum of Ex�r September 18,2017 seven days prior to the public hearing.All materials used i i; i presentations before the Board will become a permanent part '-Moved one week later due to national holidays. of the record. NOTICE OF SALE The meetings are open to the public and will be conducted in Any person who decides to appeal any decision of the bard Notice is hereby given that the undersigned will sell,to satisfy accordance with the provision of Florida Law for Community ill ed a record of the proceedings pertaining thereto and lien of the owner,at public sale by competitive bidding on Development Districts.The meetings may be continued to therefore,may need to ensure that a verbatim record of the October 26,2016 at 10:00 AM at the Extra Space Storage facility a date,time,and place to be specified on the record at the proceedings is made,which record includes the testimony and located at: meeting. evidence upon which the appeal is based. 571 Airport Pulling Rd.N Naples,FL 34104 (239)643-5113 There may be occasions when one or more Supervisors will Ifyouare apersonwithadisability who needsany accommodation The personalgoods stored therein by the fallowing may include, participate by telephone. no order 0 partop he in thisviproceeding,a assistance. sista ce. e,ae incost to you,to the provision of certain you en. Pleasele. but re not limited to general household,furniture,boxes, Any person requiring special accommodations at a meeting contact the Collier County Facilities Management Division. clothes,tools and appliances. because of a disability or physical impairment should contact located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- the District Office at(239)269-1341 at least two calendar days 5356,(239)252-8380,at least two days priorto the meeting. W0255-Jeffery Von Heimburg-Household Goods prior to the meeting. Assisted listening devices for the hearing impaired are available R0029-Daniel Nelson-Household Goods in the Board of County Commissioners Office. 00008-James Poulis-Household Goods Each person who decides to appeal any action taken at these F0001-Kay Blevins-Household Goods meetings is advised that person will need a record of the BOARD OF COUNTY COMMISSIONERS M0014-Nick Dinger-Household Goods proceedings and that accordingly,the person may need to COLLIER COUNTY.FLORIDA ensure that a verbatim record of the proceedingsis made DONNA FIALA CHAIRMAN Purchases must be made with cash only and paid at the time of including the testimony and evidence upon which such appeal sale.All goods are sold as is and must be removed at the time is to be based. DWIGHT E.BROCK.CLERK of purchase.Extra Space Storage reserves the right to bid.Sale By: Martha Vergara,Deputy Clerk 5 subject to adjournment. District Manager SNo.1299954 October 5,(2016 No.1292507 October 5&12,2016 No.1299352 October 5,2016 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chainnan's signature,draw a line through touting lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1, 2. 3 County Attorney Office County Attorney Office r H r A ( 1 0-4 if(-X) 4, BCC Office Board of County L.. .'7\0 Commissioners ` 5. Minutes and Records Clerk of Court's Office 740 1'0(31/'h ti:ofpm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi Phone Number 252-6819 Contact/ Department Agenda Date Item was 10-25-16 Agenda Item Number - r C A Approved by the BCC Type of Document Resolution �`�,�3 Number of Original Attached Documents Attached PO number or account number if document is Y1e4:�-� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) peR I, Does the document require the chairman's original signature? €T-‘cax 4<___. it: �—fry 2. Does the document need to be sent to another agency for additional signatures? If yes, X Q 13 provide the Contact Information(Name;Agency;Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X signed by the Chairman,with the exception of most letters,must be reviewed and signed i`At'3 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the X Q3 document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Xc3;3 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on jo $ ' / and all changes made during the meeting have been incorporated in the attached document. The County (1\*.,- 'i.14;?; ! `*.,- ;„ + Attorney's Office has reviewed the changes,if applicable. • a 9. Initials of attorney verifying that the attached document is the version approved by the . BCC,all changes directed by the BCC have been made; and the document is ready for the 1/ ' Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised L26.05,Revised 2.24.05;Revised 11/30/12 8 A MEMORANDUM Date: October 31, 2016 To: Mike Bosi, Planning & Zoning Director Comprehensive Planning Department From: Martha Vergara, Deputy Clerk Board Minutes & Records Department Re: Resolution 2016-234 Resolution of Denial — Beach Box Café Attached for your records is a copy of the resolution referenced above, (Agenda Item #8 A) adopted by the Board of County Commissioners on Tuesday, October 25, 2016. The Minutes and Record's Department has held the original for the Board's Official Record. If you have any questions feel free to call me at 252-7240. Thank you. Attachment 8 A RESOLUTION NO. 16—234 A RESOLUTION DENYING PETITION ADA-PL20160002324, WHICH APPEALED THE ZONING DIRECTOR'S REVOCATION OF AN ADMINISTRATIVE PARKING REDUCTION FOR THE BEACH BOX CAFÉ ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE AND VANDERBILT BEACH ROAD, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.04 of the Land Development Code sets forth requirements and standards for required parking, and allows for an administrative parking reduction; and WHEREAS, on September 22, 2015, Zoning Director Mike Bosi issued Administrative Parking Reduction APR-PL20150001922 (the APR), reducing the required parking from 47 parking spaces to 16 parking spaces for the Beach Box Café, located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road in Collier County, Florida; and WHEREAS, at its regular public meeting on April 12, 2016, the Board of County Commissioners directed staff to re-evaluate the issuance of the APR for Beach Box Café, in reaction to a public petition made by Anthony P. Pires, Jr., Esq.; and WHEREAS, the Zoning Director subsequently re-issued the APR for Beach Box Café on May 18, 2016, based upon which Anthony P. Pires, Jr., Esq., representing a coalition of property owners, filed Petition ADA-PL20160001347 on June 15, 2016, which appealed the re-issued APR; and WHEREAS, on August 12, 2016, the Zoning Director issued a revocation of the APR for Beach Box Café based on error; and WHEREAS, Brian O. Cross, Esq., representing Beach Box Café, filed Petition ADA- PL20160002324 on September 7, 2016, which appealed the revocation of the APR; and WHEREAS, on October 25, 2016, the Board of County Commissioners, acting as the Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition ADA-PL20160002324; and [1 6-CPS-01567/1298238/1149 8A WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number ADA-PL20160002324, filed by Brian O. Cross, Esq., of Goede, Adamczyk, DeBoest & Cross, PLLC, on behalf of Vaguna Corporation, owner of Beach Box Café, is hereby DENIED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 25, 2016. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion to approve the subject appeal failed to achieve the necessary majority vote for approval, and thus, the appeal is considered denied, effective on this 25th day of October, 2016. ATTEST: . �t. BOARD OF ZONING APPEALS DWIGHT, i riKK.r..LERK COLLIER COUNTY, FLORIDA By: .�# By: 411/2.0 Jae& •:)uty 'k Donna Fiala, Chairwoman Attest as �y a signature on r1 sL "�'' r Approved as to form and legality: 4L?*ct Heidi F. Ashton-Cicko Managing Assistant County Attorney [16-CPS-01567/1298238/1]49 0) b e- k. , 1.-°,, . 4,0$0,,,-.5#x..,,,..... ..., ,.!::,:k4-..A:':':it';:•''-...:*' ,-, "'' -.-,,,,, ,-iiiii, ,.. , � aTIN /6• erco t ". .4 4: } I ltd i t, -� t,,,,�= p f� i k. PCN. Y- ad z - Y it .� _ �l tie«` :44 '. '..� a4 a1 If if ' I - : . . f' - '44 f - ill . .�!`.. 4;a .� f...+�1!`':' :Fre i Ya' $:' sa . r.-„, oilfr -, , - I Nir !i 4 '4'°°""" 4 le O. 111,44 11::*.,,A....." 0 I ` t { 32- f M 6 I f .-.T''4010`,` ? ly s.. x `, k. ' 10 �'' ps 1 , Aida } -!q`,a` t r'~ .:14i.,..l 1 ' ifiti i 4 cn CD Po '7� _ Al i. . , ..... _ _......., Risi . AD 4 imill h b 7. — R. g I_] , 0 a m NI r 11 a C4 Ro D `7 COLLIER COUNTY 8 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 followink 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: paulabrethauer@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, café, 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 8A 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 H/C 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 H/C 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 304/310). 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 I: 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 8A Email: chrisscott@colliergov.net Phone#: (239)252-2460 Correction Comment 1: 10.02.03.B.1.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.B.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: I0.02.03.B.I.b.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 alley). 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.l.b.ii.(c)(i) 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.B.1.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. 8A Correction Comment 7: Pursuant to LDC Section 10.02.03 B.10.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 41. 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 followin'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, rag, I v... i w'_,L., 1 l..,IJ 8A HOMF CONDOS REVIEWS CONTACT US About U, c „...4.z...,..„.,......4..„40..vm4.1, ,z... , & Ralph Cic?ffi• ,14;1,Ni \N-W.'' ,. , .„,,, I ,,,y.,it =,,,, ,;), owners of . '',4t1 ' tk, IQ 1 , N '1'. Beach Box Cale ii:.,- ,,,,,* ,.. /:i it t 1 & Beach Box (1017(1().v s . ; , . stay with us at the Beach Boa); andome to town.Our story ..,......., Thank you guests as we can when they ideac to ihope to meet as many for looking inatond: -1‘ Condos! My name is Gary, my friend and business partner Ralph with live music,drinks and 104,„;”, is pretty sinwle...he and I came together a few years mostoafgooput a laid back, place to eat,drink,enjoy. ( !I Jimmy-Buffet style healthy restaurant right on atheeapopularbeachchhaianaNarepalellsy,..wcool cltila we etook over the thebuildtig great healthy food.So,we started building the Thai little vision grew and gte,,,.,tit; ch Box Cafe...,.a friendly, e some laid-back livemusic and the beach. . that we put the the 4 units and leftsingle stone This restaurant in and decided that it was time to take it from it's gi,27ortoaotsinto a beautiful 4 unit coastal-style Beach windows,doors,every shred front bed and breakfast. We renovated unturned...,we replaced.It's it's our"place ,our' place where we are raising local restaurant, of furniture..the works!. . floors,appliances,kitchens, not just a property or a is like home to us, you are likely to meet ome downstairs for a coffee, official our families.If you c even my best friend, "Jack". the black lab. 'He's 011r Ralph Cole 14 or Dylan 11)or one of my three kids tat work at the remascot).staurant(Madison,17, Ralph's sons too So please come stay with to our favorite musician. You could bump into one of (Andrew or Eric or his wife,Phyllis)and even see . soon! and I greeting guests,looking. hover twhieudfaeltictiihislao love listeningewlihth you - . us...say hi,relax and I thin you too e Beach Box family....see ...- , Gary Brecka&Ralph Cioffi 7:Tdir: 4 ''-. - - :4 1 1 ' ' • ' ,, ttN ' '. 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IWI 2 2. o tli _c ._._IN ______r_ • — ( 1 I I I I c� ? 1 •rvci A < I 7 Inl I_ �0 1 `I !..!.,• n r D. ` IP w. 1 1 • y ; 1.1-:-, m m �-c — — --- tn - I I ! i IY Cs O "' L.. I ( I"' 1 1 I I �i 1m i„, I I , . ,r o 0 I ff I A�I. 8A O \ if ID .116 sign . .. ea ims 1 . BENE rI _ . . • Cla I N maErem , . , t L I L r- CO IN g I M py m ON 12 a z m C 1 _ _ - y O �r O I" ITS mi e R. la A 8A Anthony Pires From: Anthony Pires Sent: Monday, August 22, 2016 10:30 AM To: BosiMichael (MichaelBosi@colliergov.net) Cc: 'AshtonHeidi'; 'MichaelBrownlee@colliergov.net'; 'DonnaFiala@colliergov.net'; 'ChrisScott@colliergov.net'; 'LeoOchs@colliergov.net'; 'michaelossorio@colliergov.net' Subject: PL20160001347 AND August 12, 2016 denial of APR-PL20150001922 Attachments: LTR FIALA. 8.22.16. RE APR DENIAL.pdf Attached please find the attached correspondence. Thank you Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lebal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 8A Anthony Pires From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@colliergov.net) Cc: AshtonHeidi; KlatzkowJeff Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL;Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me, I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/Detail_Meeting.aspx?ID=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] Tony 1 8A Anthony Pires From: Anthony Pires Sent: Monday, October 10, 2016 9:40 AM To: BosiMichael (MichaelBosi@colliergov.net);AshtonHeidi Subject: FW: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL; Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, please advise immediately as to the status of the hearing date(s) for APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals". Original Message From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@ colliergov.net) <MichaelBosi@colliergov.net> Cc: AshtonHeidi <HeidiAshton@colliergov.net>; KlatzkowJeff <JeffKlatzkow@colliergov.net> Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL; Item 10.C.; BEACH BOX APPEALS Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me, I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/Detail_Meeting.aspx?ID=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] Tony 1 Anthony Pires 8 A From: Anthony Pires Sent: Monday, October 10, 2016 4:24 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'KlatzkowJeff'; 'BosiMichael'; 'AshtonHeidi' Subject: Objection To Agenda Item 10C (Packet Page 249) On 10-11-16 and Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property Attachments: OBJ.#10C & REQ. CHANGE HEARING DATE.CORRECTED 10.10.16 OPT.2.pdf Importance: High Attached please find the following, hard copies of which are being delivered today. 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. Respectfully, Anthony P. Pires, Jr., B.C.S. 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. 1 Anthony Pires From: Anthony Pires Sent: Friday, October 21, 2016 8:03 AM To: BosiMichael (MichaelBosi@colliergov.net); 'LeoOchs@colliergov.net Cc: KlatzkowJeff Subject: Agenda Item 8.1 for the October 25, 2016 County Commission meeting; Beach Box Cafe/Beach Box Property; PL 20160002324 Attachments: OBJ. #10C & REQ. CHANGE HEARING DATE.CORRECTED 10.10.16 OPT.2.pdf Importance: High In reviewing the on line Agenda Item 8.1 for the October 25, 2016 County Commission meeting the attached materials were not included and must be included in the Agenda Packet as part of the appealPL20160002324. Please update the Agenda Packet to include the attached: 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. A hard copy of the attached with attachments was emailed and hand delivered on October 10, 2016. From:Anthony Pires Sent: Monday, October 10, 2016 4:24 PM To: 'HenningTom' <TomHenning@colliergov.net>; 'HillerGeorgia' <GeorgiaHiller@colliergov.net>; 'FialaDonna' <DonnaFiala@colliergov.net>; 'NanceTim' <TimNance@colliergov.net>; 'TaylorPenny' <PennyTaylor@colliergov.net>; 'OchsLeo' <Leoochs@colliergov.net>; 'KlatzkowJeff' <JeffKlatzkow@colliergov.net>; 'BosiMichael' <MichaelBosi@colliergov.net>; 'AshtonHeidi' <HeidiAshton@colliergov.net> Subject: Objection To Agenda Item 10C (Packet Page 249) On 10-11-16 and Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property Importance: High Attached please find the following, hard copies of which are being delivered today. 1 . Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. Respectfully, Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lepal.com 1 Anthony Pires 8 A From: Anthony Pires Sent: Friday, October 21, 2016 2:25 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'KlatzkowJeff'; 'BosiMichael'; 'AshtonHeidi'; 'Brian O. Cross, Esq.' Subject: ADDITIONAL FILINGS RELATING TO APPEAL PL20160002324, ITEM 8.1 ON 10.25.2016 COUNTY COMMISSION AGENDA Attachments: RENEWED REQUEST. RECUSAL 10.21.2016.pdf; ADD. FILING 10.21.16.pdf Importance: High Ladies and Gentlemen: Attached please find the following, for filing and uploading, for consideration as part of Item 8.1 on the October 15, 25, 2016 meeting/hearing of the Board of County Commissioners/Board of Zoning Appeals: 1. RENEWED/AMENDED REQUEST FOR CHANGE OF HEARING DATE; AND REQUEST/MOTION TO DISQUALIFY COMMISSIONER HILLER FROM PARTICIPATING IN ANY APPEALS CONCERNING Administrative Parking Reduction, APR-PL20150001922; INCLUDING BUT NOT LIMITED TO APPEAL PL20160002324. 2. ADDITIONAL FILING DATED OCTOBER 21, 2016. It is requested that Item #1 be heard as the first order of business for Item 8.1 . Respectfully, Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-leqal.com ` Nitta Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 8A Anthony Pires From: Anthony Pires Sent: Monday, August 22, 2016 10:30 AM To: BosiMichael (MichaelBosi@colliergov.net) Cc: 'AshtonHeidi'; 'MichaelBrownlee@colliergov.net'; 'DonnaFiala@colliergov.net'; 'ChrisScott@colliergov.net; 'LeoOchs@colliergov.net; 'michaelossorio@colliergov.net Subject: PL20160001347 AND August 12, 2016 denial of APR-PL20150001922 Attachments: LTR FIALA. 8.22.16. RE APR DENIAL.pdf Attached please find the attached correspondence. Thank you Tony Anthony P. Pires, Jr., B.C.S. 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. 1 Anthony Pires 8 A From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@colliergov.net) Cc: AshtonHeidi; KlatzkowJeff Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting -Web Outline - Collier County, FL;Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me, I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/DetailMeeting.aspx?ID=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] Tony 1 Anthony Pires v From: Anthony Pires Sent: Monday, October 10, 2016 9:40 AM To: BosiMichael (MichaelBosi@colliergov.net); AshtonHeidi Subject: FW: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting -Web Outline - Collier County, FL;Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, please advise immediately as to the status of the hearing date(s) for APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals". Original Message From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@ colliergov.net) <MichaelBosi@colliergov.net> Cc: AshtonHeidi <HeidiAshton@colliergov.net>; KlatzkowJeff <JeffKlatzkow@colliergov.net> Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL; Item 10.C.; BEACH BOX APPEALS Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me, I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/DetailMeeting.aspx?ID=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] Tony 1 8A Anthony Pires From: Anthony Pires Sent: Monday, October 10, 2016 4:24 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'KlatzkowJeff; 'BosiMichael'; 'AshtonHeidi' Subject: Objection To Agenda Item 10C (Packet Page 249) On 10-11-16 and Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property Attachments: OBJ. #10C & REQ. CHANGE HEARING DATE.CORRECTED 10.10.16 OPT.2.pdf Importance: High Attached please find the following, hard copies of which are being delivered today. 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. Respectfully, Anthony P. Pires, Jr., B.C.S. 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. 1 Anthony Pires 8 „ From: Anthony Pires Sent: Friday, October 21, 2016 8:03 AM To: BosiMichael (MichaelBosi@colliergov.net); 'LeoOchs@colliergov.net Cc: KlatzkowJeff Subject: Agenda Item 8.1 for the October 25, 2016 County Commission meeting; Beach Box Cafe/Beach Box Property; PL 20160002324 Attachments: OBJ.#10C & REQ. CHANGE HEARING DATE.CORRECTED 10.10.16 OPT.2.pdf Importance: High In reviewing the on line Agenda Item 8.1 for the October 25, 2016 County Commission meeting the attached materials were not included and must be included in the Agenda Packet as part of the appealPL20160002324. Please update the Agenda Packet to include the attached: 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. A hard copy of the attached with attachments was emailed and hand delivered on October 10, 2016. From:Anthony Pires Sent: Monday, October 10, 2016 4:24 PM To: 'HenningTom' <TomHenning@colliergov.net>; 'HillerGeorgia' <GeorgiaHiller@colliergov.net>; 'FialaDonna' <DonnaFiala@colliergov.net>; 'NanceTim' <TimNance@colliergov.net>; 'TaylorPenny' <PennyTaylor@colliergov.net>; 'OchsLeo' <LeoOchs@colliergov.net>; 'KlatzkowJeff' <JeffKlatzkow@colliergov.net>; 'BosiMichael' <MichaelBosi@colliergov.net>; 'AshtonHeidi' <HeidiAshton@colliergov.net> Subject: Objection To Agenda Item 10C (Packet Page 249) On 10-11-16 and Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property Importance: High Attached please find the following, hard copies of which are being delivered today. 1 . Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property. Respectfully, Anthony P. Pires, Jr., B.C.S. 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 1 8A Anthony Pires From: Anthony Pires Sent: Friday, October 21, 2016 2:25 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'KlatzkowJeff; 'BosiMichael'; 'AshtonHeidi'; 'Brian O. Cross, Esq.' Subject: ADDITIONAL FILINGS RELATING TO APPEAL PL20160002324, ITEM 8.1 ON 10.25.2016 COUNTY COMMISSION AGENDA Attachments: RENEWED REQUEST. RECUSAL 10.21.2016.pdf;ADD. FILING 10.21.16.pdf Importance: High Ladies and Gentlemen: Attached please find the following, for filing and uploading, for consideration as part of Item 8.1 on the October 15, 25, 2016 meeting/hearing of the Board of County Commissioners/Board of Zoning Appeals: 1. RENEWED/AMENDED REQUEST FOR CHANGE OF HEARING DATE; AND REQUEST/MOTION TO DISQUALIFY COMMISSIONER HILLER FROM PARTICIPATING IN ANY APPEALS CONCERNING Administrative Parking Reduction, APR-PL20150001922; INCLUDING BUT NOT LIMITED TO APPEAL PL20160002324. 2. ADDITIONAL FILING DATED OCTOBER 21, 2016. It is requested that Item #1 be heard as the first order of business for Item 8.1. Respectfully, Anthony P. Pires, Jr., B.C.S. 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. 1 8A WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW August 22, 2016 CRAIG R WOODWARD Board Certified:Real Estate MARK J.WOODWARD Board Certified:Real Estate ANTHONY P.PIRES,JR Honorable Donna Fiala VIA EMAIL. AND U.S. MAIL BoatdCetrified:City,County, Board of County Commissioners and I Brat Government Collier County, Florida J.CHRISTOPHERardC�OMB.ARDO C/O NIIChael Bosi, AICP BofiedMarital andFamilyLaw 2800 North Horseshoe Drive Naples, Florida 34104 CATHRINE A HUNTER LLM.craxation> Re: PL-20160001347 ("Appeal"); Administrative Parking Reduction, APR- PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/'Beach Box Café JENNIFER L.DEVRIES Property" JENNIFER M. TENNEY ), issued May 18, 2016 but dated May 18, 2015 (the "APR Re- Issuance"); and, August 12, 2016 denial of APR-PL20150001922 LENORE T. BRAKEFIELD MATTHEW P.FLORES Dear Commissioner Fiala and Mr. Bosi: JOSEPH M COLEMAN As you are aware, I represent the individuals/persons and/or entities ("Parties") who timely appealed the above noted APR Re-Issuance to the Board of County Commissioners of Collier County' and by the Appeal requested a reversal of the APR Re-Issuance by the Board of County Commissioners ("BCC") sitting as the Board of Zoning Appeals ("BZA"). On August 12, 2016, Mike Bosi issued his written denial of Administrative Parking Reduction, APR-PL20150001922 (the "August 12th Denial"), copy attached, which action is appreciated and warranted. Please be advised that the Appeal as filed and as supplemented is not withdrawn by the Parties. Further, the Parties, as affected property owners, affected parties and/or aggrieved or affected parties, request immediate written notice REPLY TO: of any filing by any person concerning or related to the August 12th Denial. ® 3200 TAMIAMI TRAIL N. SUITE 200 No rights, concerns, arguments, positions or objections of the Parties NAPLES,FL 34103 239-649-6555 appealing the decision, the APR Re-Issuance, or concerning the Appeal or 239-649-7342 FAX the August 12th Denial are waived by anything stated herein or omitted ❑ 606 BALD EAGLE DRIVE herefrom and the right to present, make and submit additional arguments and P.O. 00 Bozo materials before the BCC and/or BZA as to the Appeal, the APR Re-Issuance MARCO ISLSND,FL34146 and the August 12th Denial, is specifically reserved. Further, the Parties 239-394-5161p y 239-642-6402 FAX reserve the right to further amend, modify or supplement this correspondence WWW.WPL—LEGAL.COM with additional arguments and materials. 1 Assigned number PL-20160001347. 1 8A If you have any questions, please do not hesitate to contact me. Respectfull -111t•.1 -d, Pires, r. Esq. APP/Ig Enclosure(s) Cc/with enclosure(s): Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala Leo Ochs, Chris Scott, Mike Ossorio I 2 8A Co ier County Growth Management Department Zoning Division August 12,2016 Fred Hood,Project Manager Davidson Engineering,Inc. 4365 Radio Road, Suite 201 Naples,FL 34104 RE: Denial of the Administrative Parking Reduction APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003, and rescission of letters dated September 22,2015 and May 18,2015 [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 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 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. Based upon the May 18t 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 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. 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 "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, dependent upon the parking provided within the Vanderbilt Beach Parking garage. To utilize the parking spots in the garage for patrons of the Beach Box cafe is in 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 4 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net 8A 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, (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), as suggested by the web posting for the units provided within the appeal application,based upon the condition of approval,then the APR would be voided. It should be noted that the 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 parldng provided: Café' 7 seats Retail Space 1,770Sq.Ft Office Space 900Sq.Ft Residential units 4 units 16 spaces provided Proposed uses and parking required Café' 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 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- PL20150001922 is denied. Respectfully, Mike Bosi,AICP,Director, Zoning Division cc: Raymond V. Bellows,Zoning Manager Anthony Pires 8 Q From: Anthony Pires Sent: Friday, October 21, 2016 2:25 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'KlatzkowJeff; 'BosiMichael'; 'AshtonHeidi'; 'Brian O. Cross, Esq.' Subject: ADDITIONAL FILINGS RELATING TO APPEAL PL20160002324, ITEM 8.1 ON 10.25.2016 COUNTY COMMISSION AGENDA Attachments: RENEWED REQUEST. RECUSAL 10.21.2016.pdf;ADD. FILING 10.21.16.pdf Importance: High Ladies and Gentlemen: Attached please find the following, for filing and uploading, for consideration as part of Item 8.1 on the October 15, 25, 2016 meeting/hearing of the Board of County Commissioners/Board of Zoning Appeals: 1. RENEWED/AMENDED REQUEST FOR CHANGE OF HEARING DATE; AND REQUEST/MOTION TO DISQUALIFY COMMISSIONER HILLER FROM PARTICIPATING IN ANY APPEALS CONCERNING Administrative Parking Reduction, APR-PL20150001922; INCLUDING BUT NOT LIMITED TO APPEAL PL20160002324. 2. ADDITIONAL FILING DATED OCTOBER 21, 2016. It is requested that Item #1 be heard as the first order of business for Item 8.1. Respectfully, Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lepal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review. dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error. please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 8A PAM WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW October 21, 2016 CRAIG R WOODWARD Board Certified Real Estate MARK J.WOODWARD Board Certified:Real Estate VIA EMAIL ANTHONY P.PIRES,JR Board of CountyCommissioners Board Certified City,County and Localco hent Collier County, Florida J.CHRISTOPHER LOMBARDO do Michael Bosi, AICP BoardCertifieaMarital 2800 North Horseshoe Drive and Family Law Naples, Florida 34104 CATHRINEA HUNTER Re: APPEAL PL20160002324 (the "Vaguna Appeal", filed on or about LI M.(Taaation) September 7, 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/Beach Box Café Property"), (the "APR Denial") JENNIFER L.DEVRIES JENNIFER M. TENNEY Dear Commissioners: LENORE T. BRAKEFIELD JOSEPH M COLEMAN I represent the following individuals/persons and/or entities ("Parties") who KENNETH V.MUNDY filed the timely Appeal PL20160001347 ("Residents Appeal") and who are participants in and parties to Appeal PL2016002324 ("Vaguna Appeal"): • Rande A. and Dixie Lee McAllister. • Maureen and Phillip 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. At the present time, the Vaguna Appeal is on the County Commission Agenda for a public hearing, on October 25, 2016.1 The Residents' Appeal has neither been scheduled for nor noticed for any REPLY TO: hearing before the Board of County Commissioner or Board of Zoning Appeals El 3200 TAMIAMI TRAIL N. ("BCC/BZA"). SUITE 200 NAPLES,FL 34103 239-649-6555 239-649-7342 FAX 0 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE500 PL20160001347 (the "Residents' Appeal") or the Vaguna Appeal are waived by P.O.BOX ONE MARCO ISLAND,FL 34146 anything stated herein or omitted herefrom and the right to present, make and 239-394-5161 submit additional motions, objections, arguments and materials before the 239-642-6402 FAX BCC/BZA is again specifically reserved. The Parties reserve the right to make WWW.WPL—LEGAL.COM additional objections, filings and submittals to protect their interests and to ensure the due process rights of the Parties in the Residents' Appeal and the Vaguna Appeal. 1 8A This filing is made as an additional and supplemental filing to all previous filings made in the Vaguna Appeal and PL20160001347 (the "Residents' Appeal") to support denial of the Vaguna Appeal. As additional bases for denial of the Vaguna Appeal: 1. The request for an Administrative Parking Reduction (APR) for the Beach Box Café was not filed to request a reduction in parking for existing uses. The APR was requested in order to increase the intensity of uses, to expand the cafe/restaurant operation almost tenfold from 7 seats to 68 seats. See attached Exhibit A. 2. Any expansion of seating in the cafe/restaurant requires the approval of a Site Improvement Plan (SIP). An application was made for a SIP for the Beach Box Café, PL20150002649. On December 10, 2015, an insufficiency letter with numerous comments was issued by Collier County. (Exhibit B-1). No response was ever submitted by the Beach Box Café and thus the SIP is deemed withdrawn and cancelled as of September 5, 2016. (Exhibit B-2). 3. The APR failed to disclose that the condominium had been terminated and that transient lodging facility is being operated on the property, indicated by its owners/operator as a"bed and breakfast" (but which may possibly be considered as a"hotel"). See Exhibit C. 4. The applicant has not provided any information that construction permits were issued after September 22, 2015, for the expansion of seating at the cafe/restaurant. Respe mi►ed n "fres, Jr., Esq. APP/Ig Enclosure(s) Cc: Leo Ochs Jr.; Jeff Klatzkow; Mike Bosi; Board of County Commissioners 2 8A EXHIBIT A 8A DAVIDSON 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 Café; 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 Café is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Café(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 Jhe proposed uses are quantified as follows: Proposed Café(Outdoor seats): 18 Seats=9 spaces s s Proposed Café(Indoor seats): 450 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: 47 spaces Beach Bnx( Exhibit A:APR Justification September.2015 l: idsoncngineering.coi 1 8A 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 RestaurantICafe)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 parking spaces is noted. Rrac:h Roc C'alr. Gshibii A:APR hi;iMealinn ticii�cmhes. 2015 r0:‘‘ dar:clsoncn2ineering.com 2 8A DAVIDSON PROPOSED PARKING The Beach Box Café 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 Café 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. 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. t?rach Bum(atc Exhibit/\:APR iltistitication Sr)tritihef.201 www.dciviilgoi?cngirirering rum 8A DAVIDSON SITE CONSTRAINTS: The Beach Box Café 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 Café 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 Café 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. B ,ch 13ns Cali -- Exhibic A; APIC .lusiiiicalioi Seple nImr. 2015 w daviilsuncnrni:cring corn 4 8A EXHIBIT B-1 8A r.:,OLLEER C 'UNNNTY ''3rewth Management Depart nen; 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 following 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: paulabrethauer@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, café, 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 8A 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 H/C 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 H/C 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 304/310). 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 8A Email: chrisscott@colliergov.net Phone#: (239)252-2460 Correction Comment 1: 10.02.03.B.1.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.B.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 1 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.1.b.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 alley). 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)(i) 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.B.1.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. 8A Correction Comment 7: Pursuant to LDC Section 10.02.03 B.10.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 41. 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 following 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, 8A Christopher Scott Principal Planner Growth Management Department 8A EXHIBIT B-2 8A Anthony Pires From: ScottChris <ChrisScott@colliergov.net> Sent: Tuesday, October 18, 2016 9:16 AM To: Anthony Pires Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Yes. Christopher 0. Scott,AICP, LEED-AP Planning Manager-Development Review 239.252.2460 From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, October 18, 2016 9:15 AM To: ScottChris Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Thank you Chris. Do you mean 12/10/15? From:ScottChris [mailto:ChrisScott@colliergov.net] Sent:Tuesday, October 18, 2016 9:14 AM To:Anthony Pires<APires@wpl-legal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net>; McLeanMatthew <MatthewMcLean@colliergov.net> Subject: RE: PL20150002649, Beach Box Cafe SIP, Mr. Pires: There has been no activity on this petition.The last Insufficiency Letter was sent to the applicant on 12/10/2016. Per LDC Section 10.02.03 H. 1.,the application is now considered withdrawn and cancelled as there was no resubmittal within 270 days of the comments being issued (9/5/2016). A new application is required if the applicant chooses to move forward. Christopher 0. Scott,AICP, LEED-AP Planning Manager-Development Review 239.252.2460 From: Anthony Pires [mailto:APires(awpl-legal.com] Sent: Tuesday, October 18, 2016 7:33 AM To: ScottChris Cc: AshtonHeidi Subject: PL20150002649, Beach Box Cafe SIP, Good morning Chris. Could you advise as to the status of this SIP? The last entry in Cityview is dated 3/29/2016. Have there been any additional uploads or submittals since that date? 1 Thanks 8 A Anthony P. Pires, Jr., B.C.S. 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. 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N . . .. v oel F:.zw 1 m I4,1 1 IF.7._ 0 I . .1 .- - 1 .. .., is MOM al N1r .. _ . - ;g wow s _ / 1N - _ UeaeilUUxeuiluUS I HD i u 1 u J rage 1 Or 1 Nu,' RE' , S NT 8 A f About Us 44 , Meet Gary y g; Brecka _ Llti & Ralph Cioffi, � . : :':- my hers of -1 I '? omitConBeach Box Cafe .ii ( & BeachBoa- - 11 111i:} .; .; w,, %dos . - --4 :1,0,1 ` ` alk. '' >',,, : t Thank you for looking into a stay with us at the Beach Box Condos! My name is Gary,and my friend and ,i 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 { 1 some laid-back live music and the beach. That little vision grew and grew until we took over the the buildings 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! 4 Gary Brecka&Ralph Cioffi _, .�,_ k,, gl 1 e :f . '''11.:i - •N 41 '."," ' - „ i „t•,. :T. -, , , ..,,,,, ,, . ,,,, , , -v. I, . , ..„, _- - -- ' -„,- .....„, . ,, ,, , , _ . 1 , ¢ti!' . - . '''',,e1//' d Ji,'� 'ti •• } ; 't r t ll Oil' 1 ' s', „..,-, a* ill f#,,,,„..lt ' , „h,, ri t \ 1 fi r' �� 7 i A, A A 4/ t `�', ° '"^r '3 <. 111 f ^.^ r 1 / e http://www.beachboxcondos.coni/about-us 10/21/2016 o ,$ N °s 0 bb.0 { 0 �� cd . 8A u O a, k. 0 U I.- _c CO Q I-- su #" 7 -� 0 • U �-+ 0 C' O CO a.) ro V- D M 0] w M Q V- co Q co e4. !m c0 0) ; ---____' Q w Yz N wO v > p co } O( 1 `tUd (Ylv 3 O u..4O , OU G li z 03 o Q) ~ Q CDin 0 m4-- J 0 0 N O O O 03 4 `�s z Q O O ct . 4 E I- V Ox a) U 4441t.: ,:it,,1:7•--,,,i,,,,...,..',.,.., U r �1, Anthony Pires • r 8A From: ScottChris <ChrisScott@colliergov.net> Sent: Tuesday, October 18, 2016 9:16 AM To: Anthony Pires Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Yes. Christopher O. Scott,AICP, LEED-AP Planning Manager-Development Review 239.252.2460 From: Anthony Pires [mailto:APires@wpl-Iegal.com] Sent: Tuesday, October 18, 2016 9:15 AM To: ScottChris Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Thank you Chris. Do you mean 12/10/15? From: ScottChris [mailto:ChrisScott@colliergov.net] Sent:Tuesday, October 18, 2016 9:14 AM To:Anthony Pires<APires@wpl-legal.com> Cc: AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; McLeanMatthew <MatthewMcLean@colliergov.net> Subject: RE: PL20150002649, Beach Box Cafe SIP, Mr. Pires: There has been no activity on this petition. The last Insufficiency Letter was sent to the applicant on 12/10/2016. Per LDC Section 10.02.03 H. 1., the application is now considered withdrawn and cancelled as there was no resubmittal within 270 days of the comments being issued (9/5/2016). A new application is required if the applicant chooses to move forward. Christopher O. Scott,AICP, LEED-AP Planning Manager-Development Review 239.252.2460 From: Anthony Pires [mail to_APiresgt_vnl-legal.com] Sent: Tuesday, October 18, 2016 7:33 AM To: ScottChris Cc: AshtonHeidi Subject: PL20150002649, Beach Box Cafe SIP, Good morning Chris. Could you advise as to the status of this SIP? The last entry in Cityview is dated 3/29/2016. Have there been any additional uploads or submittals since that date? 1 1 zr? Anthony P. Pires, Jr., B.C.S. 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 N/ 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 riot send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 8A Anthony Pires From: BosiMichael <MichaelBosi@collierqov.net> Sent: Thursday, October 20, 2016 8:15 AM To: Anthony Pires; BellowsRay Cc: AshtonHeidi Subject: RE: BEACH BOX CONDOS; SE2COND REQUEST Tony, the zoning for the establishment is C-3 with a CU for Residence in conjunction with business, authorized through Resolution#77-7C. Transient lodging is not a permitted use at the location Sincerely, mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Thursday, October 20, 2016 7:38 AM To: BellowsRay; BosiMichael Cc: AshtonHeidi Subject: FW: BEACH BOX CONDOS; SE2COND REQUEST Please see below. The courtesy of a reply would be greatly appreciated. Tony From: Anthony Pires Sent: Monday, October 17, 2016 2:28 PM To: BellowsRay (RayBellows@colliergov.net)<RayBellows@colliergov.net>; BosiMichael (MichaelBosi@colliergov.net) <MichaelBosi@colliergov.net> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: BEACH BOX CONDOS Is the transient lodging, i.e., the Beach Box Condos bed and breakfast operations, as noted at http://www.beachboxcondos.com/ a permitted use at the subject location (9020 Gulf Shore Drive), under the current zoning? "About Us 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 itfrom it's 1982 roots into a beautiful 4 unit coastal-style Beach front bed and breakfast. We 8A 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 " Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax abires@ml-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 riot want your e-mail address released in response to a public records request.do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 , ' , 4 8A Based upon the materials and arguments outlined in the Request and herein, my clients, the Parties, have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna, the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property. Based upon the arguments and materials in the Request and herein, and others that may be made before the BCC/BZA, the Parties in good faith request that: 1. all matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR-PL20150001922 or the Beach Box be continued until after November 22, 2016 and not be heard by the BCC/BZA until after November 22, 2016. There will be no prejudice to the applicant in the Vaguna Appeal. 2. the Hon. Georgia Hiller not participate in any proceedings or vote upon any matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR-PL20150001922 or the Beach Box. BASIS FOR REQUEST The following is provided in support of this Renewed and Amended Request: 1. All the materials and arguments outlined in the Request,which are incorporated herein by reference. 2. The following statements made by Commissioner Hiller on October 11, 2016, contrary to the statement by Commissioner Hiller at page 48 of the Transcript, evidence her pre-judging of the matter, prejudicial to the Parties): 19 CCaiMISSIONER HILLER: Yes, first of all, 20 Mr. Pires has an invalid appeal because he 2_ didn't file timely. 2 Second of all, Mr. Pires doesn't have 2' standing to object to Mr. Cross's appeal. It (October 11, 2016, excerpted Transcript, Exhibit "A"; page 47, lines 19-23) AND 2 8A WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW October 21, 2016 CRAIG R WOODWARD Board Certified Real Estate MARK J.WOODWARD VIA EMAIL BoardCertified:Real Estate Board of County Commissioners ANTHONY P.PIRES,JR Collier County, Florida Boar dCerfified:City,Coumys C/O Michael Bosi, AICP and Local Gosernment 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Board Certified:Marital p and Family Law Re: 1. RENEWED/AMENDED REQUEST FOR CHANGE OF HEARING DATE; AND CATHRINEA.HUNTER 2. REQUEST/MOTION TO DISQUALIFY COMMISSIONER HILLER LLM(Taxa°on) FROM PARTICIPATING IN ANY APPEALS CONCERNING Administrative Parking Reduction, APR-PL20150001922; Beach Box Cafe, 9002 Gulf JENNIFER.L.DEVRIES Shore Drive; Collier County, Florida, Folio Number 79122440003("Beach JENNIFER M.TENNEY Box Cafe"/"Beach Box Café Property"), INCLUDING BUT NOT LIMITED TO APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about LENORE T. BRAKEFIELD September 7,2016)SCHEDULED FOR OCTOBER 25,2016; AND APPEAL JOSEPH M.COLEMAN PL20160001347 (the "Residents' Appeal"), NOT YET SCHEDULED FOR A KENNETH V.MUNDY HEARING' Dear County Commissioners: On behalf of the Parties listed in the Residents'Appeal,the Parties renew their Request For Change Of Hearing date filed on September 27, 2016 ("Request") and hereby request that no hearing of the Vaguna Appeal or any appeal concerning APR- PL20150001922 or the Beach Box be conducted or held by the Board of Collier County Commissioners ("BCC") and/or Board of Zoning Appeals ("BZA") until after November 22, 2016. This request is made in addition to any other objection made or to be made. The Parties are and will be substantially affected by any decision of the BCC/BZA in the Vaguna Appeal or any appeal concerning APR-PL20150001922 or REPLY TO: the Beach Box and are entitled to have an impartial decision-maker hear and consider ® 3200 TAMIAMI TRAIL N. the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach SUITE 200 NAPLES,FL 34103 Box. 239-649-6555 239-649-7342 FAX 0 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties SUITE P.O.Box ONO concerning the Residents' Appeal, the Vaguna Appeal or any appeals concerning MARCO ISLAND,FL 34146 APR-PL20150001922 or the Beach Box are waived by anything stated herein or 239-394-5161 omitted herefrom and the right to present, make and submit additional motions, 239-642-6402 FAX objections, arguments and materials before the BCC/BZA is again specifically WWW.WPL—LEGAL.COM reserved. The Parties reserve the right to make additional objections, filings and submittals to protect their interests and to ensure the due process rights of the Parties. 1 8A 22 the appeal. In fact, I don't believe that '•L+Y. 23 Bosi made a mistake. In fact, no mistake was 24 made because he did not rely on the parking 25 garage as the basis for his parking variance approval in the first place. 2 In fact, what he made very clear was that 3 - the primary reason for the variance approval, 4 based on what I reviewed, was that the bulk of 5, the traffic at that facility is pedestrian. 6 And in fact he quoted, like, huge numbers. And this is Mr. Bosi, in his opinion. r So the fact that the parking garage was 9 mentioned did not make it the dominant argument 1C in Mir. Bosi's initial approval. 1 That being said, he then turned around and 12 denied it based on Mr. Fires' presentation of 13 this ordinance, which I have to say is probably 14 constitutionally problematic on its face. And 15 I don't think that we really have a choice, 16 because to sit there and say that this public 17 facility can only allow certain members of the 18 public to use that facility and not other 19 members of the public -- because this is not 20 about the businesses, this is about the public. (October 11, 2016, excerpted Transcript, Exhibit "A", page 56, lines 22-25; page 57, lines 1-20) 3 8A Based upon the arguments and materials in the Request and herein, my clients, the Parties: 1. Have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna,the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property and that if heard by the BCC/BZA prior to November 22, 2016, the Parties will not have an impartial decision-maker hear and consider any matter or appeal concerning the Beach Box Café or Beach Box Café Property, including but not limited to the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach Box. 2. Have a well-founded fear that they will not be afforded minimum due process if the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach Box are heard by the BCC/BZA prior to November 22, 2016. 3. Request that no hearing of the Vaguna Appeal or any appeal concerning APR- PL20150001922 or the Beach Box by the BCC/BZA be held or conducted until after November 22, 2016. 4. Move and request that the Hon. Georgia Hiller not participate in any proceedings or vote upon any matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR- PL20150001922 or the Beach Box. Respectfully submi -.,i V �'�o P. Pires, . Esq. APP/Ig Enclosure(s) Cc/wEncl.: Jeffrey Klatzkow; Heidi Ashton-Cicko, Esq., All County s; Leo Ochs, Jr.; Mike Bosi; Brian Cross 4 8A TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida October 11, 2016 TRANSCRIPT OF PROCEEDINGS DATE TAKEN: October 11, 2016 TIME TAKEN: 11 :23 a.m. PLACE TAKEN: Building "F" Government Center 3301 Tamiami Trail East Naples, Florida 34112 CHERIE' R. NOTTINGHAM, CSR U.S. Legal Reporting 2650 Airport Road South Naples, FL 34112 (239) 774-4414 ORIGiNAL EXHIBIT 2 a 8A APPEARANCES Donna Fiala, Chairwoman Tom Henning, Commissioner Georgia Hiller, Commissioner Tim Nance, Commissioner Penny Taylor, Commissioner ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr. , County Manager Nick Casalanguida, Deputy County Manager Troy Miller, Manager, Television Operations SPEAKERS: Anthony Pires, Esquire David Jeskie David Galloway 8A 1 but I need some guidance where it is. 2 COMMISSIONER NANCE: Don't park in the 3 parking garage. 4 COMMISSIONER HENNING: We'll take a • 5 Sheriff's car down. CHAIRMAN FIALA: So Commissioner Henning, 7 you didn't have anything else to say, right? 8 COMMISSIONER HENNING: Yeah, I 'm going to 9 lunch. 10 CHAIRMAN FIALA: Okay, Commissioner 11 Taylor, you didn't have -- 12 COMMISSIONER TAYLOR: Yeah, I was -- you 13 asked our attorney. I was going to ask our 14 attorney for his opinion. 15 CHAIRMAN FIALA: Oh, okay. 16 COMMISSIONER TAYLOR: He says don't do it. 17 CHAIRMAN FIALA: Okay, and Commissioner 18 Hiller? 19 COMMISSIONER HILLER: Yes, first of all, 20 Mr. Fires has an invalid appeal because he 21 didn't file timely. 22 Second of all, Mr. Fires doesn't have 23 standing to object to Mr. Cross's appeal. It 24 is his right to appeal to this Board. And for 25 us to deny that right is a violation of ElA 48 1 procedural due process. And we cannot do that. 2 And in fact, if it has been going on for 3 eight weeks, that is way too long, because 4 appeals should be heard timely. If this is a 5 matter of such great public importance and if 6 this parking issue is such an important issue, 7 then delaying it is not right and not fair to 8 the public. 9 Now, as far as any bias goes, Mr. Pires, I 1C have no bias. I will listen to the appeal when 11 it is presented and I will rule based on the 12 facts and the law as presented to me at the 13 time. I have spoken to the County Attorney as 14 to your allegations with respect to my position 15 in this matter, and he does not believe that I 16 have any sort of conflict. 17 CHAIRMAN FIALA: Commissioner Hiller -- 18 COMMISSIONER HILLER: So there is no 19 reason to -- 20 CHAIRMAN FIALA: -- let me interrupt you. 21 COMMISSIONER HILLER: -- to delay this. 22 And you don't have standing -- 23 CHAIRMAN FIALA: We're going on -- 24 COMMISSIONER HILLER: -- to request to 25 delay. 8A 1 advertised at least 10 days, yes. 2 COMMISSIONER HILLER: That's in our 3 ordinance? 4 MR. KLATZKOW: No, that 's Florida Statute. 5 COMMISSIONER HILLER: That's the statute? 6 Okay. 7 CHAIRMAN FIALA: Okay, so Board members, 8 what is your pleasure? 9 COMMISSIONER HILLER: Can I speak? I was 10 just questioning Jeff on his comments. But I 'd 11 like to go ahead and speak. 12 CHAIRMAN FIALA: Okay. 13 COMMISSIONER HILLER: I don't believe that 14 we can deny the petitioner his right to appeal. 15 I don't think we have any excuse to delay it. 16 It 's already been delayed two months. 17 I think the appeal should be brought at 18 the next meeting, as was intended. And in the 19 meantime, I think you do what you said, which 20 is bring the draft. Because this ordinance is 21 not the petitioner's basis or sole basis for 22 the appeal. In fact, I don't believe that Mr. 23 Bosi made a mistake. In fact, no mistake was 24 made because he did not rely on the parking 25 garage as the basis for his parking variance BA 57 1 approval in the first place. 2 In fact, what he made very clear was that 3 the primary reason for the variance approval, 4 based on what I reviewed, was that the bulk of 5 the traffic at that facility is pedestrian. • 6 And in fact he quoted, like, huge numbers. And 7 this is Mr. Bosi, in his opinion. 8 So the fact that the parking garage was 9 mentioned did not make it the dominant argument 10 in Mr. Bosi 's initial approval. 11 That being said, he then turned around and 12 denied it based on Mr. Pires' presentation of 13 this ordinance, which I have to say is probably 14 constitutionally problematic on its face. And 15 I don't think that we really have a choice, 16 because to sit there and say that this public 17 facility can only allow certain members of the 18 public to use that facility and not other 19 members of the public -- because this is not 20 ahout the businesses, this is about the public. 21 Because what we're essentially saying in this 22 ordinance is that only people who walk to the • 23 beach can park in that garage and that anybody 24 else cannot. 25 And, by the way, staff, you are not PAMI8A W OODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW October 20, 2016 CRAIG R WOODWARD Board Certified:Real Estate Honorable Donna Fiala Via Email MARK J.WOODWARD Chairman, Collier County Commission Board Certified:Real Esrate Board of County Commissioners ANTHONY P.PIRES,JR 3299 Tamiami Trail East, Suite 303 Board Certified City,County, and Local Government Naples, FL 34112 J.CHRISTOPHER LOMBARDO BoardCertifietEMarital Re: Objection To Considering Appeal PL20160002324 On 10-25-16, Due to and Family Law Defective Notice' CATH RINE AHUNTER Dear Commissioner Fiala: LLM.(Taxation) I represent the following individuals/persons and/or entities ("Parties") who filed the timely Appeal PL20160001347 ("Residents Appeal") and who are JENNIFER L.DEVRIES participants in and parties to Appeal PL2016002324 ("Vaguna Appeal"): JENNIFER M. TENNEY • Rande A. and Dixie Lee McAllister LENORE T. BRAKEFIELD • Maureen and Phillip C. Brumbach. JOSEPH M.COLEMAN • Garlock, LLC, a Florida limited liability company. KENNETH V.MUNDY • 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. Both the Residents Appeal and the Vaguna Appeal involve an improperly granted parking reduction for property in Vanderbilt Beach referred to and known as the Beach Box Cafe/Beach Box Property. At the present time, the Vaguna Appeal is on the County Commission Agenda fora Public Hearing, on October 25, 2016 (see Attachment "A") Due to a defective and flawed notice, the hearing should not be held on October 25, 2016 and the Parties object to the hearing being held or considered by REPLY TO: the Board of County Commissioners/Board of Zoning Appeals ("BCC/BZA")on ® 3200 TAMIAMI TRAIL N. October 25, 2016. SUITE 200 NAPLES,FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE 500 the Residents' Appeal and the Vaguna Appeal are waived by anything stated herein P.O.BOX ONE MARCO ISLAND.FL 34146 or omitted herefrom and the right to present, make and submit additional motions, 239-394-5161 objections, arguments and materials before the BCC/BZA is again specifically 239-642-6402 FAX reserved. The Parties reserve the right to make additional objections, filings and • WW.WPL—LEGAL.COM submittals to protect their interests and to ensure the due process rights of the Parties in the Residents' Appeal and the Vaguna Appeal. 1 8A The Administrative Parking Reduction at issue involves a requested reduction from 47 parking spaces to 16 parking spaces. However, the published notice for the October 25, 2016 Public Hearing states that the parking reduction at issue is from "41 parking spaces to 16 parking spaces." See Composite Attachment "B". As a result of the defective and flawed notice, the Parties object to the BCC/BZA holding any hearing on or considering PL20160002324 on October 25, 2016. Respectfully submitted.,. A •. . It-s, Jr. Esq.Nliki Enclosure(s) Cc/with enclosure(s): Board of County Commissioners Jeffrey Klatzkow, Leo Ochs Jr., Mike Bosi 2 BA ATTACHMENT 8.1.d 8A T»tT A e... K i,7 1, f,ate, (� s d+���+ ,; $§k }, .�S, i 3 ,7 r �r.3%F,„0 6.n t',:r is ' '-�'bb � .1 r3 4`e l a 1 E SL i'iSf,/ e �s.:..n'w�6>. .:.=i*s,sef3 '�.�.�i��.�.-:ecs..a�,.s. Ylk. 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., To the Board of County Commissioners (BCC) will consider the c- enactment of a County Appeal. The meeting will commence.at a 9:00 A.M.The title of the proposed Appeal is as follows: < The purpose of the hearing is to consider: a Q VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED x AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING 0pp DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR-PL20150001922 THAT HAD REQUESTED A c REDUCTION OF THE REQUIRED PARKING FROM 41 PARKING 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. N [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the a) N Board and is available for inspection. All interested parties are U 0 invited to attend and be heard. x 0 m NOTE: All persons wishing to speak on any agenda item must m La_ register with the County manager prior to presentation of n the agenda item to be addressed. Individual speakers will becoca a limited to 3 minutes on any item. The selection of any individual ai '.to speak on behalf of an organization or group is encouraged. m 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 as' the Board agenda packets must submit said material a minimum o Y1 of 3 weeks prior to the respective public hearing. In any case, to N.) written materials intended to be considered by the Board shall 'a obe submitted to the appropriate County staff a minimum of a� O1 seven days prior to the public hearing. All materials used in Q 2 presentations before the Board will become a permanent part -a of the record. -a in Any person who decides to appeal any decision of the Board p will need a record of the proceedings pertaining thereto and TisJ therefore, may need to ensure that a verbatim record of the .Z� proceedings is made,which record includes the testimony and 2 evidence upon which the appeal is based. c as N If you are a person with adisability who needs any accommodation in order to participate in this proceeding, you are entitled, at c no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, Q located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted devices Commissioners ners Offchearieaired are available in the Board of C BOARD OF COUNTY COMMISSIONERS i BOARD OF ZONING APPEALS i COLLIER COUNTY,FLORIDA DONNA FIALA CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon . Deputy Clerk(SEAL) No. 1280328 October 5,2016 Packet Pg.43 COMPOSITE 8A ATTACHMENT COLLIER COUNTY FLORIDA 8 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Zoning, Person: Michael Bosi Comp Planning Manager Date:September 20,2016 Petition No.(If none,give a brief description): PL20160002324 Petitioner: (Name&Address): Brian O.Cross,Esq Goede,Adamczyk,DeBoest&Cross,PLLC 8950 Fontana Del Sol Way Naples,FL 34109 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:October 25,2016 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500161942 Proposed text: (include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised 8A Teresa L. Cannon From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, September 20,2016 1:38 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez,Wanda Subject: Advertisement Request PL20160002324 BCC Attachments: Request for Advertising Signed Copy.pdf; Request for Advertising.docx Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Also note,this is an appeal so it does not contain a resolution at this time per Heidi Ashton. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 8A COLUER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv.,Location,etc.) Originating Dept/Div: GMD/Zoning Person:Michael Bosi Comp Planning Manager Date:September 20,2016 Petition No.(If none,give a brief description): PL20160002324 Petitioner:(Name&Address): Brian O.Cross,Esq Goede,Adamczyk,DeBoest&Cross,PLLC 8950 Fontana Del Sol Way Naples,FL 34109 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Heanng before X BCC BZA Other Requested Hearing date:October 25,2016 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account 1068779 Other Legally Required Purchase Order No.4500161942 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date. P - I(o Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents Is involved,be sure that any necessary legal review,or request for same,Is submitted to County Attorney before submitting to County Manager. The Managers office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised 8A 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., the Board of County Commissioners (BCC)will consider the enactment of a County Appeal. The meeting will commence at 9:00 A.M.. The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION, OWNER OF THE BEACH BOX CAFE, FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR- PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (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 COLLIER COUNTY, FLORIDA DONNA FIALA CHAIRMAN DWIGHT E. BROCK, CLERK By: Js/Patricia Morgan Deputy Clerk(SEAL) 8A Teresa L. Cannon From: Minutes and Records To: KulakPatricia Subject: RE:Advertisement Request PL20160002324 BCC I will forward the proof as soon as I receive it. From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent:Tuesday,September 20,2016 1:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia<MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia<VirginiaNeet@colliergov.net>; Rodriguez,Wanda<WandaRodriguez@colliergov.net> Subject:Advertisement Request P120160002324 BCC Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Also note,this is an appeal so it does not contain a resolution at this time per Heidi Ashton. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Patricia Kula kPcolliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 8A Account #068779 September 20, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: ADA-PL20160002324, Beach Box Cafe Dear Legals: Please advertise the above referenced notice on Wednesday, October 5, 2016 and send the Affidavits of Publication, in Duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450011942 8A 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., the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence at 9:00 A.M. The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION, OWNER OF THE BEACH BOX CAFE, FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR- PL20150001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson fora group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (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) COIntcylc1C--ler 8 A CLERK OF THRT COURT COLLIER COUOOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- S1 rk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 ;; NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audits C stodian of County Funds September 20, 2016 Brian O. Cross, Esq. Goede, Adamczyk, DeBoest& Cross, PLLC 8950 Fontana Del Sol Way Naples, FL 34109 Re: Petition ADA-PL20160002324, Beach Box Cafe Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 25, 2016, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 5, 2016. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone-(239) 252-2646 Fax- (239)252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 8A Teresa L. Cannon From: Teresa L.Cannon Sent: Tuesday, September 20, 2016 2:46 PM To: Naples Daily News Legals;Gori,Ivonne(ivonne.gori@naplesnews.com) Subject: ADA-PL20160002324, Beach Box Cafe Attachments: ADA-PL20160002324(BCC 10-25-16).doc;ADA-PL20160002324 Beach Box Cafe (BCC 10-25-16).doc Legals, Please advertise the attached Legal Ad on Wednesday,October 5,2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 8A Teresa L. Cannon From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, September 21, 2016 9:30 AM To: Teresa L. Cannon Subject: RE:ADA-PL20160002324, Beach Box Cafe Confirmed receipt From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Tuesday, September 20, 2016 2:46 PM To: NDN-Legals<legals@naplesnews.com>; Gori, Ivonne<Ivonne.Gori@naplesnews.com> Subject:ADA-PL20160002324, Beach Box Cafe Legals, Please advertise the attached Legal Ad on Wednesday,October 5,2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County.If you have received this communication in error,please notify the Clerk's Office by emailing helpdeskacollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 8A Teresa L. Cannon From: ivonne.gori@naplesnews.com Sent: Wednesday,September 21, 2016 11:08 AM To: Teresa L.Cannon Cc: Ivonne Gori Subject: Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0:239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 8A 46 A ? F 6 � , . mat 41' Ate.. Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com ,i d ,�� �; �t.. r , �;_ - s t ��'� I rt�)li,' > , •• Date:09/21/16 t This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account Account Number:505868(N068779) Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161. Ad Id:1280328 P.O.No.:45-11942 Total Cost:$410.91 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 10/05/16 Stop Date:10/05/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com t 'ttt 'i' I agree this ad is accurate and as ordered. NOTICE OF PUBUC HEARING NOTICE OF INTENT TO CONSIDER AN APPEAL Notice is herebygiven that on Octber h016 int thor, Board of Government tCent Commissioners Meeting Room,ThirdaFloor , Government Center,Commissioners East Tamiami hall, Naples FL,e thc Board of aCounty CAppeal.Tners eetin)will considermthe 9:00enactmentA.M. ti fCounty Appeal.The emeeting will o commence at 5:00 A.M.The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APR-PL20I50001922 THAT HAD REQUESTED A REDUCTION OF THE REQUIRED PARKING FROM 41 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. [ADA-PL201600023243 A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any will neeon wrecrdifdtehse tpo ropeelnanpdertofhtehre tBo rd therefore,may need to ensure that a verbatim record of the proceedings is made,which record Includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs anyaccommodation in order to participate In this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please Contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 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) October 5,2016 No. 80328 Thank you 2 for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 8A Teresa L. Cannon To: Neet,Virginia; KulakPatricia; Bosi, Michael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent:Wednesday,September 21, 2016 11:08 AM To:Teresa L.Cannon<Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject:Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 8A Teresa L. Cannon From: Bosi, Michael Sent: Wednesday, September 21,2016 12:04 PM To: Teresa L.Cannon; Neet,Virginia; KulakPatricia Subject: RE: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Looks good to run. Thank you, mike Original Message From:Teresa L.Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Wednesday,September 21,2016 11:14 AM To: NeetVirginia; KulakPatricia; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent:Wednesday,September 21,2016 11:08 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject:Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 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. 8A Teresa L. Cannon From: Neet, Virginia Sent: Wednesday, September 21,2016 3:16 PM To: Teresa L.Cannon Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-78-1280328-1.pdf; FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Original Message From:AshtonHeidi Sent:Wednesday,September 21,2016 2:55 PM To: NeetVirginia Cc: KlatzkowJeff; RodriguezWanda;CrotteauKathynell; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Approved. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirginia Sent:Wednesday,September 21, 2016 11:38 AM To:Ashton Heidi Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I For your approval. Dinny Original Message From:Teresa L.Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Wednesday,September 21,2016 11:14 AM To: NeetVirginia; KulakPatricia; BosiMichael Subject: FW: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Please review Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] 1 8A Teresa L. Cannon To: ivonne.gori@naplesnews.com Subject: RE: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Ad looks good,ok to run!Thanks Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday,September 21, 2016 11:08 AM To:Teresa L.Cannon<Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject:Ad: 1280328, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0:239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 A- }A- L ;(0too 2_32-4 8A 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., the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence at 9:00 A.M.The title of the proposed Appeal is as follows: The purpose of the hearing is to consider: VAGUNA CORPORATION,OWNER OF THE BEACH BOX CAFE,FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING REDUCTION APA REDUCTION OF T HE2REQUIRED 2PARKINGTHATHAD FROMEQUESTED 41 PARKING SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY IS LOCATED AT THE F GULF SHORE AND VANDERBILT BEACHEAST ROAD ION RNER SECTION 32, TOWNSHIPIVE 48 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the ea Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must Q register with the County manager prior to presentation of N the agenda item to be addressed. Individual speakers will be Q limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. Q If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. a Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of a' seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. `° Any person who decides to appeal any decision of the Board p will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division. located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. inthe Board listening of Codevices for uunty Commissioners hearing ff ceaired are available 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 8A NapLesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is.a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1280328 NOTICE OF PUBLIC HEA 45-11942 Pub Dates October 5,2016 (Sign lure of affiant) Sworn to and subscribed before me ! ., M"�►v;•,, IVONNE GORI This October ,2016 Notary Public-State at Florida( :!� Commission*FF 900070 4'� �-.d pMyyyC�omm.Expires �Jul w1�6,2019 througft ary Assn 170 \/ •• (Signatur of affiant) ' 22D Wednesday,October 5,2016 Naples Daily News -,1-7,:::,.k:, s `-y."::—, 8 A BIG CANOE,GA NOTICE OF SALE LEGAL NOTICE Now accepting short term reservations for 2/2 cabin Notice is hereby given that Extra Space Storagewill sell at pubic THE NORTHCOLLIERFIRECONTROLAND RESCUEDISTRICTBOARD on 3 acres in the exclusive - auction et the storage facility listed below.to satisfy the lien OF FIRE COMMISSIONERS WILL HOLD ITS REGULAR MONTHLY Big Canoe mountain resort of the owner,personal property described below belonging to MEETING ON THURSDAY,OCTOBER 13,2016 COMMENCING AT an hour north of Atlanta. MERCEDES-BENZ CLK430 those individuals listed below at location indicated: 9:00 A.M.IN THE TRAINING ROOM AT THE NORTH COLLIER FIRE Hot tub in deck and glorious CONVERTIBLE 2002 CONTROL AND RESCUE DISTRICTS STATION 45 LOCATED AT 1885 views,Enjoy golf,tennis, Only 77K miles,new top. Auction Date&Time: VETERANS PARK DRIVE,NAPLES,FL 34309. hikinwaterfalls.Explore new tires,recent service 10/26/2016 H/11:30 &shop nearby mountain maintenance,fust detailed. 7755 Preserve Lane The agenda will be available the Monday prior to the meeting at towns.For photos,rates Drive and enjoyl$9,988. Naples,FI.34119 w w. or mailed ;or by calling 239-597-3222 to request cid availability see listing (239)513-1575. a faxed or emailed copy:or by visiting Station 45 located at 1885 K495166 on VRBO.com o Marrone Dias Andrade Atocha Michael Spano Veterans Park Dr.Naples,FL 34109. (706)579-1233 Unit 3109A Unit 1223 Personal Items Personal Property The North Collier Fire Control and Rescue District does_not Clothes,Toys Mattress,Couch,Chair discriminate on the basis of disability. Anyone requiring 1� reasonable accommodation as yrovidetl for in the Americans Il�il■ Kevin Hgnnila Marilyn St.Hilaire with Disabilities Act should contact Lori Freiburg at(239)597- ' Unit 5172 Unit 5143 22 or via email to Ifreiburg@northcoliierfire.cnm. IIILHousehold GoodsxPersonal Property Chair.Tool Box Bed,Mattress,Chart Chairman Norman o Feder a NorthcoCollier Fire Control and Rescue District Diane Ditka October 5.2016 No.1275991 AAA BEAUTIFULconfers Unit 1145 FROM C.With conference HouseholdicGoods room.Call Z39-643-1600 TV,Pictures,Sports Equipment Purchases must be made with cash only and paid at the above R '+`7N T !' '," "u referenced facility in order to complete the transaction.Extra TOLLGATE BUSINESS PARK I Space Storage may refuse any bid and may rescind any purchase NOTICE Of PUBLIC HEARING Convenient Naples Location up until the winning bidder takes possession of the personal NOTICE Of INTENT TO CONSIDER AN APPEAL 3000 sq ft;14itx14ft over property. head doors;Central A/C,2 October 5&12,2016 No.1297791 Notice is hereby le that on October 25,2016 in the Board offices,2 Baths;53000 per i of County Commissioners Meeting Room,Third Floor,Collier month. Available Nov. 1, Government Center,3299 East Tamiami Trail,Naples FL., 2016.Call Paul(239)253-4755 the Beard of Cooney Cemma.Then(BCC)will c commence the enactment of a County Appal-the meetin0 will commence at COMMU10) NoTICENITY MEETING DIST MAIL The title of the proposed Appeals as follows: @ TAUS PARK vP COMMUNfrY DEVELOPMENT DISTRICT The purpose of the hearing is to consider: Talis Park special tyeDevelof pment District willvbe rheld the AN APPEAA L TO THE BOARD OF ZONING APPEALS BOXCAR. P THE ZONING October 13,2016 at 3:00 p.m.at the Tails Park Sales Center, DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING Fin 16980 Livingston Road,Naples,Florida 34110. This meeting is REDUCTION APR-PL20150001922 THAT HAD REQUESTED A A FULL SERVICE RESTAURANT � intended to replace the regularly scheduled meeting of October REDUCTION OF THE REQUIRED PARKING FROM 4t PARKING &PIZZERIA• 12,2016,which was canceled. At the Special Meeting,the SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY IS 5239,000 Land&Sea Realty, Board is expected to consider and discuss the minutes from the LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE Call Mel(2391877.1420 meeting of September 14,2016,adoption of the supplemental AND VANDERBILT BEACH ROAD IN SECTION 32.TOWNSHIP 48 cycles, assessment resolution,staff reports,the monthly financial SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA, reports of te District.and any other business which may (ADA-PL20160002324) lawfully and properly come before the Board. The meeting 5 A Copy re the proposed NEED CASH? boats open to the public and will be Conducted in accordance with the Appeal is On file with the Clerk to the We buy owner provisions of Florida Law for Community Development Districts. Beard and IS available for arDecllon.AN interested parties are financed mortgages. A copy of the agenda for this meeting may be obtained from invited to attend end be heard. R the District Manager,5385 N.Nob Hill Rd.,Sunrise FL 33351. Receive money in This meeting may be continued to a date,time,and place to be NOTE:All persons wishing to speak on any agenda Item must one lump sum. specified on the record at the meeting. agister with the County manager prior to presentation of Geta free quote. ands the agenda item to be addressed.Individual speakers will be (888)861-7002 Any person requiring special accommodations at ?filled to 3 minutes on any item.The selection of any Individual WWheels/Recreation© this meeting because of a disability or physical impairment to speak on behalf of en organ(tatkn Sr group is encouraged. should contact the District Office at(954)721-8681 at least five II rem:10leed by the Chairman,a spokesperson for a group or calendar days prior to the meeting, organization may be allotted 10 minutes to speak on an tem. l Each person who decides to appeal any action taken at Parsons wishing to have written or graphic materials Included in these meetings is advised that person will need a record the Board agenda packets must submit said malarial a minimum of the proceedings and that at personas.the person may of 3 weeks poor to the must public hearing.M airy case need to ensure that a verbatim record f the proceedings written materials Intended to be considered by.the Board shall is made,including the testimony and evidence upon be Submitted to the appropriate County staff a minimum of 50'SLIP,-wneeSTAR MAOne Which such appeal is to be based seven days prior to the tahOe hearing.A8 materials used in on Naples Bay.Lease$450 presentations before the Board will become a permanent part mo.or for sale price call of the record. Dick(508)364-6264. Paul Wgerinkeljohn —'— - --. Ma aAny person who deckles to appeal any decision of the Board October 5,2016 No.1276484 (ll need a record of the proceedings pertaining thereto and FORMULA therefore,may nerd to ensure that a verbatim record of the F sET}O,T.,,, proceedings le made,which record Includes the testimony and evidence upon which the appeal is based. • Place your NOUce of Meeting Schedule FY 2016-2011 If you area person WNhad(sablFlty who ntedsanyaccommodation City Gate Caiemundy Development District in order to psrlkiphte in this proceeding.you are entitled.at ad online a no cost to you,to the Druvllkn of certain assistance, Please CAPTAIN'S MCENSE _ _ The Board of Supervisors of the City Gate Community contact the Collier County Facilities Meneggeepant Division. Naples OUPV-6.Oak 7 Development District will hold its meetings for Fiscal Year 2016- towed at 3135 TspleM TrailEast,two daytate prix l t the FL N312. Oct.loth 877-435-3187 LoCcapee�.,5 2017 in the Law Offices of Roger B.Rice,Esq.located at 9010 5356,ed lis ening e v ce least two days prior to the availabl0 D y in Board Co devices for the nersingY Impaired aro available HURRICANE 20'DECK BOAT Strada Stell each Suite 207,Naples FL at 1:30 Dot on the first In the Board 6f County Commissioners office. 2004,115 Yamaha 4 stroke. Reach the locals! Thursday of each month as follows: low hours,ex.cond.$11,500 OCtober 2016 BOARD OF COUNTY COMMISSIONERS Novembers 3.2016 (239)936-fi838. COLI ER COUNTY,FLORIDAD OF ZONING OS MASTERCRAFT ski boat,1991, December 1,2016 200 Barefoot,200HP Varna- ABSOLUTELY ALL AUTOS• January 5,2017 DONNA MALA CHAIRMAN ha,$7.900.(239)269-7625. Wanted!Dead or Alive Top 5 February 2,2017 March 2,2017 SAILBOAT BOOM FINE HOER 16 FREE PICK UP 239-265-6140 By: Ter E.BROOK,CLERK April 6.2017 orfor other.See more.E99 CARS,TRUCKS, May 4,2017 0K Terme(yGnnon obo(239)246-9209 MOTORCYCLES TRAILERS, lune 1,2017 Octobe".Iota Clerk(SEAL) No.1280328 TOP PRICE,(239)682.8687 Ally 6,2017 2 CASH FOR CARS August 3,2017 We Buy Any Condition September 7,2017 RVS Nation's Top and There maybe occasions when one or more Su Y ' Now Boling a Consigning Newer Vehicle Top Car Buyer Supervisors be Need Inventory Newt FREE Towing From Anywhere! will participate by telephone.At the above location there will be vx wv.w.(2 970r3�03.787."rn Call NOW present a speaker telephone so that any interested person can NOTICE OF PUBLIC HEARING (239)301.37 888-657-4699 attend the meeting at the above location and be fully informed NOTICE OF INTENT TO CONSIDER AN ORDINANCE ALL MOTOR HOMES of the discussions taking place either in person or by telephone WANTED AU.MO ny Rood. CORVETTES WANTED-Top communication. Notice is hereby given that on Tuesday,October 25,2016,in AND Cash Paid. (954)789-7530. dollar.Casty today.Call 941- any person requiring the Board of County Commissioners meeting room-third Boor. 809-3660 or 941.923.3421 meeting because of a disability or physical impairment should Collier of CountOy CommissionertsT(BCC)will coni der the LARGEST BUYER IN FL-Autos, Contact the District Office at(239)269-1341 at least five calendar enactment of a County Ordinance.The meeting will commence trucks,RV's.cycles.Slit to days prior to the meeting. at 9e00A►/.The title of the proposed Ordinance is as follows: STATE OF/HEART PORT 5100K.Dave,(239)250-2000 OF THE ISLANDS MARINA "v STEARNS MOTORS Each person who decides to appeal any action taken The purpose of the hearing is to consider: offering liveaboard slipsat these meetings is advised that person will need a record of and daily/monthly dock- MOST TRUSTED the proceedings and that accordingly,the person may need AN ORDINANCE OF THE BOARD OF COUNTY age.Located in the heart BUYER Siete 1977. to ensure that a verbatim record of the proceedings is made, COMMISSIONERS OF COWER COUNTY, FLORIDA of the Everglades. Call All Vehicles wanted including the testimony and evidence upon which such appeal is AMENDING ORDINANCE NO. 04.74, THE ORANGE Captain Steve for rates and Rod or Jim(239)7747360 to be based. BLOSSOM RANCH PLANNED UNIT DEVELOPMENT(PUD). availability. 1239)389-0367. -- TO ALLOW FOR OFFSITE REMOVAL OF EXCESS MATERIAL ASSOCIATED WITH EXCAVATION PERMITS AND TO AMEND District Manager THE MASTER PLAN T CHANGE THE LANDSCAPE BUFFERS TIRES 4.16-rims. October 5,2016 No.1299978 TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS: STORAGE: MOTORNOMES 2:100P195/60R,2:P225/1700 AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT RVs, boat, to. Covered 6100 obo(239)260.1288 PROPERTY IS LOCATED ON THE NORTH AND SOUTH SIDES available. 1239/643 0447 ;:: OF OIL WELL ROAD(C.R.858)APPROXIMATELYSECTIONSY ONE MILE EAST OF 24,MOKNSHI ROAD U H RANGE IN 27EAST, ND 7T 14 AND ,TOWNSHIPN48 SOUTH, 27 EAST,AND BOARD OF SUPERVISORS MEETING DATES SECTION l9, 48 SOUTH,RANGE 28 EAST, THIS WEEK'S SPECIAL HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY,FLORIDA CONSISTING OF 6164./.ACRES. "CASH PAID"for Used FISCAL YEAR 2016.2017 [PUPA-PI/01600007871 Travel Trailers&Park Models The Board of Supervisors of the Hacienda Lakes Community A copy of the proposed Ordinance is on file with the Clerk to the NOUDAY RV TRAILER SALES Development District will hold their regular meetings for Fiscal Board and Is available for inspection.All interested parties are 19710 South US 41,Ft Myers NOTICE OF ACTION Year 2016.2017 at the offices of Coleman,Yovanovich&Koester, invited to attend and be heard. 239.590.0066 Or visit: PA 4001 Tamiami Trial N.,Suite 300,Naples.FL 34103 at 9:00 a.m. holidayrvltmyers@gmail.com announces Geraci. MD unless otherwise indicated as follows: NOTE:All persons wishing to spear on any agenda Kern must the retirement register with the County manager prior to presentation of ,.a from her practice effective October 17,2016 he agenda item to be addressed. Individual speakers ill be (T=FT� 10-21-16.Collins Vision Will be November 11,2016 limited to 3 minutes on any item.The selection of any individual assuming all patient records. December 19,2016 to speak on behalf of an organization or group is encouraged. endthey can be reached at January 23,2017• If recognized by the Chairman,a spokesperson for a group or 239-936-4706,or by visiting February 27,2017• organization may be allotted 10 minutes to speak an an item. themat 6900 International March 20,1017 Center Boulevard.Ft.Myers. April17,2017 Persons wishing to have written or graphic materials included in or 860111th Avenue N.Naples. May 15,2017 the Board agenda packets must submit said material a minimum MERCEDES-BENZ 51500 2003 September 21,28 and October June 19,2017 of 3 weeks prior to the respective public hearing.In any case, 50K mi.black.great 5&12,2016 Nit.1266403 July 17,2017 written materials intended to be considered by the Board shall $15.900 17 391 74 04f.8..7776 August 21,2017 be submitted to the a0proy late County staff a minimum of fes. September 18,2017 seven days prior to the public hearing.All materials used in +w Moved one week later due to national holidays. off thentationns before the Board will become a permanent part NOTICE OF SALE The meetings are open to the public and will be conducted in Any person who decides to appeal any decision of the goer( Notice is hereby given that the undersigned will sell,to satisfy accordance with the provision of Florida Law for Communityit need a record of the proceedings pertaining thereto and lien of the owner.at public sale by competitive bidding on Development Districts.The meetings may be continued to therefore,may need to ensure that a verbatim record of the October 26.206 a 10:00 AM at the Extra Space Storage facility a date,time,and place to be specified on the record at the roceedings is made,which record includes the testimony and located al: meeting, evidence upon which the appeal is based. 571 Airport Pulling Rd.N Naples.FL 34104 (239)643-5113 There may be occasions when one or more Supervisors will 01d re a perslnipOte iisabilitywhoneedsany accommodation Participate by telephone. in Order to participate in this proceeding youare entitled.at The personal goods stored therein by the following may include, no cost to you,to the provision of certain assistance. Please but are not limited to general household,furniture,boxes. Any person requiring special accommodations ata meeting contact the Collier County Facilities Management Division. clothes,tools and appliances. because of a disability or physical impairment should contact located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- the District Offficece aat(239)269-1341 at least two calendar days 5356,(239)252-8384 at least two days priorto the meeting. W0255-Jeffery Von HeimbuHousehold Goods prior to the meeting. Assisted listening devices for the hearing impaired are available R0029-Daniel Nelson-Householdsehold Goods in the Board of County Commissioners Office. X0008-lames Poulin-Household Goods Each person who decides to appeal any action taken at these F0001-Kay Blevins•Household Goods meetings is advised that person will need a record of the BOARD OF COUNTY COMMISSIONERS M0014-Nick linger-Household Goods proceedings and that accordingly,the person may need to COLLIER COUNTY.FLORIDA ensure that a verbatim record of the proceedings Is made DONNA FIALA CHAIRMAN Purchases must be made with cash only and paid at the time of including the testimony and evidence upon which such appeal sale.All goods are sold as is and must be removed at the time is to be based. DWIGHT E.BROCK,CLERK of purchase.Extra Space Storage reserves the right to bid.Sale By: Martha Vergara,Deputy Clerk Ois subject to adjournment. District Manager (SEAL) ctober 5812,2016 No.1299352 October 5,2016 No.1299954 October 5.2016 No.1292507 8A WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW October 21, 2016 CRAIG R WOODWARD Board Certified:Real Estate MARK J.WOODWARD Board Certified:Real Estate VIA EMAIL ANTHONY P.Pi RES,JR. Board of County Commissioners Board Certified:Cit);County; and Local Government Collier County, Florida J.CHRISTOPHER LOMBARDO do Michael Bosi, AICP Board Cerdfied:Marital 2800 North Horseshoe Drive arid Family Law Naples, Florida 34104 CATHR[NEAHUNTER Re: APPEAL PL20160002324 (the "Vaguna Appeal", filed on or about LL.M.(Taxation) September 7, 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/Beach Box Café Property"), (the "APR Denial") JENNIFER L.DEVRIES JENNIFER M. TENNEY Dear Commissioners: LENORE T. BRAKEFIELD JOSEPH M COLEMAN I represent the following individuals/persons and/or entities ("Parties") who KENNETH V.MUNDY filed the timely Appeal PL20160001347 ("Residents Appeal") and who are participants in and parties to Appeal PL2016002324 ("Vaguna Appeal"): • Rande A. and Dixie Lee McAllister. • Maureen and Phillip 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. At the present time, the Vaguna Appeal is on the County Commission Agenda for a public hearing, on October 25, 2016.1 The Residents' Appeal has neither been scheduled for nor noticed for any REPLY TO: hearing before the Board of County Commissioner or Board of Zoning Appeals I 3200 TAMIAMI TRAIL N. ("BCC/BZA"). SUITE 200 NAPLES,FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE SOO PL20160001347 (the "Residents' Appeal") or the Vaguna Appeal are waived by P.O.BOX ONE anything stated herein or omitted herefrom and the right to present, make and MARCO ISLAND,FL 34146 Y g g 239-394-5161 submit additional motions, objections, arguments and materials before the 239-642-6402 FAX BCC/BZA is again specifically reserved. The Parties reserve the right to make "rWW.WPL—LEGAL.COM additional objections, filings and submittals to protect their interests and to ensure the due process rights of the Parties in the Residents' Appeal and the Vaguna Appeal. 1 This filing is made as an additional and supplemental filing to all previous filings made in 8 A the Vaguna Appeal and PL20160001347 (the "Residents' Appeal") to support denial of the Vaguna Appeal. As additional bases for denial of the Vaguna Appeal: 1. The request for an Administrative Parking Reduction (APR) for the Beach Box Café was not filed to request a reduction in parking for existing uses. The APR was requested in order to increase the intensity of uses, to expand the cafe/restaurant operation almost tenfold from 7 seats to 68 seats. See attached Exhibit A. 2. Any expansion of seating in the cafe/restaurant requires the approval of a Site Improvement Plan (SIP). An application was made for a SIP for the Beach Box Café, PL20150002649. On December 10, 2015, an insufficiency letter with numerous comments was issued by Collier County. (Exhibit B-1). No response was ever submitted by the Beach Box Café and thus the SIP is deemed withdrawn and cancelled as of September 5, 2016. (Exhibit B-2). 3. The APR failed to disclose that the condominium had been terminated and that transient lodging facility is being operated on the property, indicated by its owners/operator as a"bed and breakfast" (but which may possibly be considered as a"hotel"). See Exhibit C. 4. The applicant has not provided any information that construction permits were issued after September 22, 2015, for the expansion of seating at the cafe/restaurant. Respe I -debmi ed- , „or. on ' ires, Jr., Esq. APP/Ig Enclosure(s) Cc: Leo Ochs Jr.; Jeff Klatzkow; Mike Bosi; Board of County Commissioners 2 8A EXHIBIT A 8A DAylDSON 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 Café; 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 Café(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 Jhe proposed uses are quantified as follows: Proposed Café (Outdoor seats): 18 Seats= 9 spaces s Proposed Café(Indoor seats): 450 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: 47 spaces — Beach Box CalcExhibit A; APR Justification Septen bcf.2015 arwc..duvidsonen,ginecring.con 1 8A 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(Café)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 parking spaces is noted. Rcach Bo,' Cale Exhibit A: APR Jti tif-ic:uion Septenihci,2015 sv,�ww,davidsoncng neering.com 2 8A DAVIDSON PROPOSED PARKING The Beach Box Café 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 Café 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. 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. Beach Box Cafe Exhibit A: APR Iustiiicalion September,2015 vvvevY.clavidsonengineering.com 3 8A DAVIDSON SITE CONSTRAINTS: The Beach Box Café 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 Café 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 Café 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. f3cfach Bo (ifc Exhibit A.APR Justification Seplember.2015 www Litivicisonenginccring.com 4 8A EXHIBIT B- 1 8A 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 following 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: paulabrethauer@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, café, 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 8a 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 H/C 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 H/C 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 304/310). 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 8A Email: chrisscott@colliergov.net Phone#: (239)252-2460 Correction Comment 1: 10.02.03.B.1.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.B.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 1 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.1.b.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 alley). 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)(i) 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.B.1.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. 8A Correction Comment 7: Pursuant to LDC Section 10.02.03 B.10.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 41. 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 following 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, 8A EXHIBIT B-2 8 A Anthony Pires From: ScottChris <ChrisScott@colliergov.net> Sent: Tuesday, October 18, 2016 9:16 AM To: Anthony Pires Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Yes. Christopher 0. Scott,AICP, LEED-AP Planning Manager- Development Review 239.252.2460 From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, October 18, 2016 9:15 AM To: ScottChris Cc: AshtonHeidi; BosiMichael; McLeanMatthew Subject: RE: PL20150002649, Beach Box Cafe SIP, Thank you Chris. Do you mean 12/10/15? From: ScottChris [mailto:ChrisScott@colliergov.net] Sent:Tuesday, October 18, 2016 9:14 AM To:Anthony Pires<APires@wpl-legal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net>; McLeanMatthew <MatthewMcLean@colliergov.net> Subject: RE: PL20150002649, Beach Box Cafe SIP, Mr. Pires: There has been no activity on this petition.The last Insufficiency Letter was sent to the applicant on 12/10/2016. Per LDC Section 10.02.03 H. 1., the application is now considered withdrawn and cancelled as there was no resubmittal within 270 days of the comments being issued (9/5/2016). A new application is required if the applicant chooses to move forward. Christopher 0. Scott,AICP, LEED-AP Planning Manager- Development Review 239.252.2460 From: Anthony Pires [mailto:APires©wpl-legal.com] Sent: Tuesday, October 18, 2016 7:33 AM To: ScottChris Cc: AshtonHeidi Subject: PL20150002649, Beach Box Cafe SIP, Good morning Chris. Could you advise as to the status of this SIP? The last entry in Cityview is dated 3/29/2016. Have there been any additional uploads or submittals since that date? 1 8A EXHIBIT C ' iii 1 • ' 1i TT i(11' . .,vtf, i i ; z. ' • • 'to .(r) o, 1 1.!.), 1 ,v, 1/4)!. • i( z",) ,•%o- . ,g,,To•'r ! • • .Z1 . • . . „ . L ,. . . .., . 1 1.4, 1 , 4 A'QI i 41 . ci i (.....c..... ._ .. _ _ ',!'t‘'si;'' 71 ' , -i: •' -.I 1 : . , • 1.1. 7.; "sc --- .,.--1--- . 'S;ct.— ! ' 1 .1 ... .....-.....„ I- 'V . -ir L.CS: I---- --I ---4- ----- • -i ! 1— 'Lli: ie41:14 C •..... ',..---.0 2 ' 411! G eh. .4 2• I d gi ‘1/ • i Ai. ! 'A. ! 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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 Napies....with live music,drinks and t t great healthy food.So,we started building the Beach Box Cafe.....a friendly,clean place to eat,drink,enjoy if e;fl r some laid-bach 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....wereplaced,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 Brecha&Ralph Cioffi11� � 1 ,' �t,';‘,1-7..;" ,„ , : ,r;.1'4". \I, i,. ,:,\\.\\1' , , '1 .,:t- ',01.' '1 ' ' ;41 . P*C. = , "C.::-.$ ,t '11 , ‘• t, ' ‘ .---.^- 4 ' i ', I ri Ti /,vy. {( ire i \' i .'' 7 ai \. ',V- a d4 s;,.,-.•it,, ',}io r.� �?/./ • } l t • T/ St- .: yw , ,., N, ) #.t• 1 if -i, , . . /� „..,.,:t . it.�, - / /e . A / ' ijo' ) 0, ` / / .. 1r' Ft r, '' , ., if/ ,,,,,.s,„,, of ` http://vwvw.beachboxcondos.com/about-us 10/21/2016 Ec U v H (-; ti N a o C (1) 0 U zU o Uco N CO l co D m co i .,_,...,.. ,,.: • N. c) t . ((rn0 co - N i7"... o C, co- o (1) c Cr) OXO ® 4 "S' O o E O ' -'7' --'LL a L O N vi N N Q Q as T Z i Z (....) Q-.) F-- CO > D La) 0 c3 0 N .., o 0 O 3 i V1 _.i. S0 x, U O O U � o o C i o if rt) j U x cl U i O - 0 m U tB a) / N ,mow m '+ ,S y PAel 8 A WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW October 21, 2016 CRAIG R WOODWARD Board Certified:Real Estate MARK J.WOODWARD VIA EMAIL Board Certified'R�l state Board of County Commissioners ANTHONY P.PIRES,JR Collier County, Florida Board Certified:City,County; C/O Michael Bosi, AICP and Local Government 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Board Certified:Marital p and Family Law Re: 1. RENEWED/AMENDED REQUEST FOR CHANGE OF HEARING DATE; AND CATHRINEA.HUNTER 2. REQUEST/MOTION TO DISQUALIFY COMMISSIONER HILLER LLM.(Iza°°) FROM PARTICIPATING IN ANY APPEALS CONCERNING Administrative Parking Reduction, APR-PL20150001922; Beach Box Cafe, 9002 Gulf JENNIFER L.DEVRIES Shore Drive; Collier County, Florida, Folio Number 79122440003("Beach JENNIFER M. TENNEY Box Cafe"/"Beach Box Cafe Property"), INCLUDING BUT NOT LIMITED TO APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about LENORE T. BRAKEFIELD September 7, 2016)SCHEDULED FOR OCTOBER 25,2016; AND APPEAL JOSEPH M.COLEMAN PL20160001347 (the "Residents' Appeal"), NOT YET SCHEDULED FOR A KENNETH V.MUNDY HEARING' Dear County Commissioners: On behalf of the Parties listed in the Residents'Appeal, the Parties renew their Request For Change Of Hearing date filed on September 27, 2016 ("Request") and hereby request that no hearing of the Vaguna Appeal or any appeal concerning APR- PL20150001922 or the Beach Box be conducted or held by the Board of Collier County Commissioners ("BCC") and/or Board of Zoning Appeals ("BZA") until after November 22, 2016. This request is made in addition to any other objection made or to be made. The Parties are and will be substantially affected by any decision of the BCC/BZA in the Vaguna Appeal or any appeal concerning APR-PL20150001922 or REPLY TO: the Beach Box and are entitled to have an impartial decision-maker hear and consider ® 3200 TAMIAMI TRAIL N. the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach SUITE 200 NAPLES,FL 34103 Box. 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties P.o.soxo00 concerning the Residents' Appeal, the Vaguna Appeal or any appeals concerning MARCO ISLAND,FL 34146 APR-PL20150001922 or the Beach Box are waived by anything stated herein or 239-394-5161 omitted herefrom and the right to present, make and submit additional motions, 239-642-6402 FAX g objections, arguments and materials before the BCC/BZA is again specifically 'WW.WPL-LEGAL.COM reserved. The Parties reserve the right to make additional objections, filings and submittals to protect their interests and to ensure the due process rights of the Parties. 1 8A Based upon the materials and arguments outlined in the Request and herein, my clients, the Parties, have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna, the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property. Based upon the arguments and materials in the Request and herein, and others that may be made before the BCC/BZA, the Parties in good faith request that: 1. all matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR-PL20150001922 or the Beach Box be continued until after November 22, 2016 and not be heard by the BCC/BZA until after November 22, 2016. There will be no prejudice to the applicant in the Vaguna Appeal. 2. the Hon. Georgia Hiller not participate in any proceedings or vote upon any matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Cafe Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR-PL20150001922 or the Beach Box. BASIS FOR REQUEST The following is provided in support of this Renewed and Amended Request: 1. All the materials and arguments outlined in the Request, which are incorporated herein by reference. 2. The following statements made by Commissioner Hiller on October 11, 2016, contrary to the statement by Commissioner Hiller at page 48 of the Transcript, evidence her pre-judging of the matter, prejudicial to the Parties): 19 COMMISSIO1ER HILLER: Yes, first of all, 20 Mr. Pires has an invalid appeal because he 21 didn't file timely. 22 Second of all, Mr. Fires doesn't have 23 standing to oblect to Mr. Cross's appeal. It (October 11, 2016, excerpted Transcript, Exhibit "A"; page 47, lines 19-23) AND 2 8A 22 the appeal. In fact, I don't believe that Mr. 23 Bosi made a mistake. In fact, no mistake was 24 made because he did not rely on the parking 25 garage as the basis for his parking variance 1 approval in the first place. 2 In fact, what he made very clear was that 3 the primary reason for the variance approval, 4 based on what I reviewed, was that the bulk of 5 the traffic at that facility is pedestrian. 6 And in fact he quoted, like, huge numbers. And 7 this is Mr. Bosi, in his opinion. (`'.,., 8 So the fact that the parking garage was 9 mentioned did not make it the dominant argument 10 in Mr. Bosi's initial approval. 11 That being said, he then turned around and 12 denied it based on Mr. Fires' presentation of 13 this ordinance, which I have to say is probably 14 constitutionally problematic on its face. And 15 I don't think that we really have a choice, 16 because to sit there and say that this public 17 facility can only allow certain members of the 18 public to use that facility and not other 19 members of the public -- because this is not 20 about the businesses, this is about the public. (October 11, 2016, excerpted Transcript, Exhibit "A", page 56, lines 22-25; page 57, lines 1-20) 3 8A Based upon the arguments and materials in the Request and herein, my clients, the Parties: 1. Have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna,the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property and that if heard by the BCC/BZA prior to November 22, 2016, the Parties will not have an impartial decision-maker hear and consider any matter or appeal concerning the Beach Box Café or Beach Box Café Property, including but not limited to the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach Box. 2. Have a well-founded fear that they will not be afforded minimum due process if the Vaguna Appeal or any appeal concerning APR-PL20150001922 or the Beach Box are heard by the BCC/BZA prior to November 22, 2016. 3. Request that no hearing of the Vaguna Appeal or any appeal concerning APR- PL20150001922 or the Beach Box by the BCC/BZA be held or conducted until after November 22, 2016. 4. Move and request that the Hon. Georgia Hiller not participate in any proceedings or vote upon any matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal or any appeals concerning APR- PL20150001922 or the Beach Box. Respectf Ily submi -•, 4 ' alp '<o P. Pires,1, . Esq. APP/Ig Enclosure(s) Cc/wEncl.: Jeffrey Klatzkow; Heidi Ashton-Cicko, Esq., All County s; Leo Ochs, Jr.; Mike Bosi; Brian Cross 4 8A TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida October 11, 2016 TRANSCRIPT OF PROCEEDINGS DATE TAKEN: October 11, 2016 TIME TAKEN: 11 :23 a.m. PLACE TAKEN: Building "F" Government Center 3301 Tamiami Trail East Naples, Florida 34112 CHERIE' R. NOTTINGHAM, CSR U.S. Legal Reporting 2650 Airport Road South Naples, FL 34112 (239) 774-4414 ORIGINAL � a1 8A APPEARANCES Donna Fiala, Chairwoman Tom Henning, Commissioner Georgia Hiller, Commissioner Tim Nance, Commissioner Penny Taylor, Commissioner ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager Troy Miller, Manager, Television Operations SPEAKERS: Anthony Pires, Esquire David Jeskie David Galloway 8A 47 1 but I need some guidance where it is. 2 COMMISSIONER NANCE: Don't park in the 3 parking garage. 4 COMMISSIONER HENNING: We' ll take a 5 Sheriff's car down. 6 CHAIRMAN FIALA: So Commissioner Henning, 7 you didn't have anything else to say, right? 8 COMMISSIONER HENNING: Yeah, I 'm going to 9 lunch. 10 CHAIRMAN FIALA: Okay, Commissioner 11 Taylor, you didn't have -- 12 COMMISSIONER TAYLOR: Yeah, I was -- you 13 asked our attorney. I was going to ask our 14 attorney for his opinion. 15 CHAIRMAN FIALA: Oh, okay. 16 COMMISSIONER TAYLOR: He says don't do it. 17 CHAIRMAN FIALA: Okay, and Commissioner 18 Hiller? 19 COMMISSIONER HILLER: Yes, first of all, 20 Mr. Pires has an invalid appeal because he 21 didn't file timely. 22 Second of all, Mr. Pires doesn't have 23 standing to object to Mr. Cross 's appeal . It 24 is his right to appeal to this Board. And for 25 us to deny that right is a violation of 48 8 A 1 procedural due process. And we cannot do that. 2 And in fact, if it has been going on for 3 eight weeks, that is way too long, because 4 appeals should be heard timely. If this is a 5 matter of such great public importance and if 6 this parking issue is such an important issue, 7 then delaying it is not right and not fair to 8 the public. 9 Now, as far as any bias goes, Mr. Pires, I 10 have no bias. I will listen to the appeal when 11 it is presented and I will rule based on the 12 facts and the law as presented to me at the 13 time. I have spoken to the County Attorney as 14 to your allegations with respect to my position 15 in this matter, and he does not believe that I 16 have any sort of conflict. 17 CHAIRMAN FIALA: Commissioner Hiller -- 18 COMMISSIONER HILLER: So there is no 19 reason to -- 20 CHAIRMAN FIALA: -- let me interrupt you. 21 COMMISSIONER HILLER: -- to delay this. 22 And you don't have standing -- 23 CHAIRMAN FIALA: We're going on -- 24 COMMISSIONER HILLER: -- to request to 25 delay. 56 8 A 1 advertised at least 10 days, yes. 2 COMMISSIONER HILLER: That 's in our 3 ordinance? 4 MR. KLATZKOW: No, that 's Florida Statute. 5 COMMISSIONER HILLER: That 's the statute? 6 Okay. 7 CHAIRMAN FIALA: Okay, so Board members, 8 what is your pleasure? 9 COMMISSIONER HILLER: Can I speak? I was 10 just questioning Jeff on his comments. But I 'd 11 like to go ahead and speak. 12 CHAIRMAN FIALA: Okay. 13 COMMISSIONER HILLER: I don't believe that 14 we can deny the petitioner his right to appeal. 15 I don't think we have any excuse to delay it. 16 It's already been delayed two months. 17 I think the appeal should be brought at 18 the next meeting, as was intended. And in the 19 meantime, I think you do what you said, which 20 is bring the draft. Because this ordinance is 21 not the petitioner's basis or sole basis for 22 the appeal . In fact, I don't believe that Mr. 23 Bosi made a mistake. In fact, no mistake was 24 made because he did not rely on the parking 25 garage as the basis for his parking variance 57 8 A 1 approval in the first place. 2 In fact, what he made very clear was that 3 the primary reason for the variance approval, 4 based on what I reviewed, was that the bulk of 5 the traffic at that facility is pedestrian. 6 And in fact he quoted, like, huge numbers. And 7 this is Mr. Bosi, in his opinion. 8 So the fact that the parking garage was 9 mentioned did not make it the dominant argument 10 in Mr. Bosi's initial approval. 11 That being said, he then turned around and 12 denied it based on Mr. Pires' presentation of 13 this ordinance, which I have to say is probably 14 constitutionally problematic on its face. And 15 I don't think that we really have a choice, 16 because to sit there and say that this public 17 facility can only allow certain members of the 18 public to use that facility and not other 19 members of the public -- because this is not 20 about the businesses, this is about the public. 21 Because what we're essentially saying in this 22 ordinance is that only people who walk to the 23 beach can park in that garage and that anybody 24 else cannot. 25 And, by the way, staff, you are not 8A WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW October 10, 2016 CRAIG R WOODWARD Board Certified:Rad Estate MARKJ.WOODWARD Honorable Donna Fiala Via Email and Hand Delivery Board Certified:R"' "¢ Chairman Collier County Commission ANTHOWYP.FIRES,JR Board of County Commissioners Baud certified:Cit};Count); adl.ocalGommimu 3299 Tamiami Trail East, Suite 303 J.CHRISTOPHER LOMBARDO Naples, FL 34112 IX7 Barad Cer ifed:Marital 4niF Law Re: 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property.' ROBERT E.MURRELL Of Counsel Dear Commissioner Fiala: CATH RINE A HUNTER MM.(Taxation) I represent the following individuals/persons and/or entities ("Parties") who filed the timely Appeal PL20160001347 ("Residents Appeal") and who are JENNIFER L.DEVRIES participants in and parties to Appeal PL2016002324 ("Vaguna Appeal"): JENNIFER M.TENNEY • Rande A. and Dixie Lee McAllister LENORE T. BRAKEFIELD • Maureen and Phillip C. Brumbach. �5 p FLORES • Garlock, LLC, a Florida limited liability company. J.TODD MURRELL • 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. Both the Residents Appeal and the Vaguna Appeal involve an improperly granted parking reduction for property in Vanderbilt Beach referred to and known as the Beach Box Cafe/Beach Box Property. No prior notice was provided to either me or my clients that Item #10.0 was/would be on the County Commission Agenda for Tuesday, October 11, 2016. The existence of Item #10.0 was not brought to our attention by any Collier County REPLY TO: staff, even though my clients are Parties to the Resident's Appeal and are participants IKI 3200 TAMIAMI TRAIL N. and Parties to the Vaguna Appeal. SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX L7 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE 500 the Residents' Appeal and the Vaguna Appeal are waived by anything stated herein P.O.BOX ONE present,ISLAND.FL 34146 or omittedto right herefrom and the make and submit additional motions, 239-394-5161 objections, arguments and materials before the BCC/BZA is again specifically 239-642-6402 FAX reserved. The Parties reserve the right to make additional objections, filings and WWW.WPL—LEGAL.COM submittals to protect their interests and to ensure the due process rights of the Parties in the Residents'Appeal and the Vaguna Appeal. 1 8A On September 27, 2016 the Parties filed a Request for Change of Hearing Date to have the Residents' Appeal and Vaguna Appeal heard and considered after November 22, 2016. Attachment A. On September 27, 2016 I also requested that the Request for Change of Hearing Date be placed on the October 11, 2016 BCC Agenda. Attachment B. The only response I received from County staff concerning my request to be heard on the October 11, 2016 Agenda was on September 28, 2016: "I have been in discussion with the County Manager's Office and they are determining if the request will be heard at the October 11th BCC public hearing. As that discussion progresses I will provide an update to all parties." No updates were provided until I emailed Mile Bosi on October 6, 2016 after becoming aware of Item #10.C. Even though opposing counsel agreed to have the Request for Change of Hearing Date heard by the Board on October 11, 2016 (see Attachment C) Request for Change of Hearing Date is not on the October 11, 2016 BCC Agenda. 1. ITEM #10.0 SHOULD NOT BE APPROVED BY THE BOARD It is requested that the "stay" not be approved by the Board. One of the arguments raised in the Residents Appeal2 is that as a matter of law, by virtue of a current County ordinance, the Beach Box Cafe/Beach Box Property cannot rely upon parking availability at the Vanderbilt Beach Garage. Collier County Ordinance No. 2010-29, Section 4 (codified as Section 130-79, Code of Ordinances, Attachment D) is clear and unequivocal: 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. Collier County Ordinance No. 2010-29 was adopted on July 27, 2010. A copy of the Executive Summary for that item is attached as Attachment E. The reasons and basis for Ord. No. 2010-29 are as valid now as they were in 2010: that beach access parking is"..to provide adequate parking and beach access parking for Collier County citizens and residents." As additional support for not approving the recommended course of action as outlined in Item #10.0 we offer the following: A. The "Amendment Of Restrictions And Protective Covenants" recorded at O.R. Book 3460, Page 1484, Public Records Collier 2 One of many arguments. 2 BA ATTACHMENT A TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE County, Florida (Attachment F) requires in Paragraph 4 that A the Vanderbilt Beach Parking Garage "....shall be closed daily U li no later than one hour after sundown. ("Closing Time"). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than closing time except as agreed to the writing by WCI, the County and Host." 3 B. Recent news articles, the Naples Daily News online article on Sunday, September 18, 2016 and the News-Press article of Monday, September 19, 2016 titled "Beach Out of Reach". Attachment G. These articles detail in great specificity the difficulty of inland residents of Collier County finding public beach parking. My clients are of the belief that it would be unconscionable for this Board to further exacerbate the beach parking situation by approving Item #10.C, which appears to be tailored to address the parking reduction, granted and then, upon further review, denied,for the Beach Box Cafe/Beach Box Property. As noted above the Beach Box Cafe/Beach Box Property is the subject of pending appeals to the Board of County Commissioners/Board of Zoning Appeals ("BCC/BZA") concerning reduced parking. 2. REQUEST FOR CHANGE OF HEARING DATE FOR THE APPEALS CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY As noted above, on September 27, 2016 on behalf of my clients I filed a Request for Change of Hearing Date for the residents' Appeal and Vaguna Appeal. At the same time, I also submitted a letter requesting that the matter be considered on the October 11, 2016, Board of County Commissioners Agenda. See Attachments A and B. Counsel representing the Beach Box Property agreed to having the Board hearing the Request For Change Of Hearing Date on October 11, 2016. As this item is now before the Board by virtue of Agenda item #10.C. It is respectfully requested that the Board of County Commissioners: A. hear, consider and grant the Request For Change Hearing Date; and, B. schedule both the Residents' Appeal and the Vaguna Appeal after November 22, 2016 and thus not be heard by the BCC/BZA until after November 22, 2016. Respec i iEr �tte. •7 , , � 'i .n 'ire- sq. ---- Enclosure(s) Cc/with enclosure(s): Board of County Commissioners Jeffrey Klatzkow, Leo Ochs, Mike Bosi 3 Host is owner of the site where the Ritz-Carlton is located. 3 Anthony Pires 8 A From: Anthony Pires Sent: Tuesday, September 27,2016 3:30 PM To: BosiMichael (MichaelBosi@colliergov.net);'DonnaFiala@colliergov.net Cc: 'AshtonHeidi';'MichaelBrownlee@colliergov.net; 'DonnaFiala@colliergov.net; 'LeoOchs@colliergov.net'; KlatzkowJeff Subject: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Attachments: REQ.CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Attached please find the attached: 1. Request For Change of Hearing Date (with Exhibits). 2. Correspondence asking for the Request For Change of Hearing Date to be heard by the Board of County Commissioners on October 11, 2016. Respectfully submitted Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 t 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lepal.com tip ..... Firm Website:www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 8A WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD [band Certified:Rd F.su MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL L3cuaicertifiod:Rca1Estax Board of County Commissioners Anmion'YP.PIKES.JR. Collier County, Florida Boandcauecd'ciD'ccunpt C/O Michael Bosi, AICP and Loral Grnceurau 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 &xud Certified:MLvial p and Family Law Re: REQUEST FOR CHANGE OF HEARING DATE CATHRINEA.HUNTER APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation A9.(rarana,) and Re-issuance of Administrative Parking Reduction, APR- PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued JENNIFER L.DEVRIES May 18, 2016 but dated May 18, 2015 (the"APR Re-Issuance") JENNIFER M. TENNEY AND 1 ENORE T BRAKEEHELD APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about September 7, MATTHEW P.fto9 5 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 JOSEPH M.COLEMAN ("Beach Box Cafe"P'Beach Box Café Property"), (the"APR Denial") COLLECTIVELY "THE APPEALS". Dear Commissioner Fiala: As noted in the timely Residents' Appeal filing made on June 15, 2016,and in the supplemental filings made therein on June 17, 2016 and July 12, 2016, the listed parties to the Residents'Appeal (the"Parties")specifically reserved the right to further amend, modify or supplement their filing(s) and the Residents'Appeal with additional filings, arguments and materials. The outrageously reduced parking requirements granted by the APR Re- Issuance for the Beach Box Café and the Beach Box Cafe location is the subject REPLY To; matter of the Residents' Appeal and the August 12, 2016 APR Denial is the subject matter of the Vaguna Appeal. The Parties agree that the August 12, 2016 APR Denial 31 3200 TAMIAM 5TRAEL20No should be upheld' and the Vaguna Appeal should be denied. UITNAPLES.FL 34103 239-649-6555 This filing submittedon is behalf of the Parties in the Residents' Appeal and 239-649-7342 FAXpp as part of the Vaguna Appeal and The Appeals. The Parties as participants in and J 606 BALD EAGLEIVE ure 51 00 parties to the Residents'Appeal, the Vaguna Appeal and The Appeals further reserve P.O.Box ONE the right to submit additional filing(s) of objections, arguments and materials in the MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL—LEGAL.COM N The APR Denial should be upheld for the reasons stated therein, for the reasons and arguments stated in the Parties' Appeal submittals, and for any additional reasons that may be brought to the attention of the BCC/BZA. 1 8A Residents' Appeal,the Vaguna Appeal and The Appeals including but not limited to outlining why the Vaguna Appeal should be denied and the APR Denial sustained. No rights, concerns, arguments, positions or objections of the Parties concerning the Residents' Appeal, the Vaguna Appeal or The Appeals are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional motions, objections, arguments and materials before the Board of Collier County Commissioners("BCC")and/or Board of Zoning Appeals ("BZA") is again specifically reserved. The Parties reserve the right to make additional objections,filings and submittals to protect their interests and to ensure the due process rights of the Parties in the Residents'Appeal, the Vaguna Appeal and The Appeals. STAFF STATED HEARING DATE Based upon a recent conversation with Michael Bosi and Heidi Ashton-Cicko, along with a follow up email (see Exhibit A), it is understood that an October 25, 2016 Public Hearing date has been selected by the County for the BCC, sitting as the BZA, to hear the Vaguna Appeal. It is my further understanding from that recent conversation that all of the issues raised by the Parties in the Residents'Appeal2 will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. REQUEST FOR CHANGE OF HEARING DATE UNTIL AFTER NOVEMBER 21, 2016 The Parties are and will be substantially affected by any decision of the BCC/BZA in the Residents' Appeal, the Vaguna Appeal and The Appeals and are entitled to have an impartial decision-maker hear and consider the Residents' Appeal, the Vaguna Appeal and The Appeals. Based upon the arguments below, and others that may be made before the BCC/BZA, the Parties in good faith request that all matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, be continued until after November 22, 2016 and not be heard by the BCC/BZA until after November 22, 2016.There will be no prejudice to the applicant in the Vaguna Appeal. BASIS FOR REQUEST The following is provided in support of this request: 1. The members of the BCC comprise the BZA. In hearing any Appeal, the BCC/BZA will be acting in a quasi-judicial capacity. The BCC/BZA is the decision-maker in the Residents'Appeal, the Vaguna Appeal and The Appeals. An impartial decision-maker is a basic component of minimum due process in quasi-judicial proceedings. See Charlotte County v. IMC — Phosphates Company, 824 So.2d. 298, 300-301 (Fla. 1s' DCA 2002); Cherry Communications, Inc. v. Deason, 652 So.2d. 803, 804-805 (Fla. 1995) ("[Inn our adversarial system of justice, which places a premium on the fairness of the judicial or quasi-judicial procedure, the decision maker must not allow one side in the dispute to have a special advantage in influencing the decision."). 2. The Hon. Georgia Hiller is currently a member of the BCC/BZA. Ms. Hiller ran for another elected office and by virtue of Florida's Resign-To-Run law, Commissioner Hiller was required to submit her letter of resignation as a County Commissioner,which 2 And all materials filed and to be filed in the Residents' Appeal will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. 2 8' A resignation means that Commissioner Hiller's last day on the BCC/BZA will be November 21, 2016. 3. On August 4, 2016, Commissioner Hiller conducted a campaign/election event, a "get out the vote" or "fundraiser", at the Beach Box Café (the "Event") at the Beach Box property. 4. Various postings on-line and various photographs (attached Composite Exhibit"B") show that: A. The Event took place on August 4, 2016 at the Beach Box Café. B. The Event was promoted on the Beach Box Café website. C. The Event was noted on Commissioner Hiller's Facebook election website. D. The Event was in part "hosted" by Gary Brecka and "BRAVE COLLIER". Gary Brecka is listed as President of an entity named B.R.A.V.E. COLLIER and Gary Brecka is identified in various documents as one of the owners of the Beach Box Café and the Beach Box Condos located on the same land as the Beach Box Café. E. The Event was in part "hosted" by Patrick Dearborn Team. Patrick Dearborn Team has an office at the Beach Box Café, location, 9000 Gulfshore Drive. 5. As of the date of the Event, no less than six (6) outside picnic tables were in place and utilized at the Beach Box Café. There was an open code enforcement case, pending since April 23, 2015, concerning the improper placement and use of picnic tables at the Beach Box Cafe. See attached Exhibit"C". 6. By way of multiple emails from Collier County staff to Commissioner Hiller under the heading of "Code 5461 Hiller", beginning in May of 2015 and including emails as recently as August 29, 2016, Collier County staff provided frequent updates to Commissioner Hiller as to the status of various matters relating to the Beach Box, none of which were known to or shared with the Parties prior to September, 2016, and only after receipt of records pursuant to a public records request. See attached Exhibit"D". Based on the foregoing my clients, the Parties: 1. Have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna,the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Cafe Property and that if heard by the BCC/BZA prior to November 22, 2016, the Parties will not have an impartial decision-maker hear and consider any matter or appeal concerning the Beach Box Cafe or Beach Box Cafe Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, if heard by the BCC/BZA prior to November 22, 2016. 2. Have a well-founded fear that they will not be afforded minimum due process if the Residents'Appeal, the Vaguna Appeal or The Appeals are heard by the BCC/BZA prior to November 22, 2016. 3. Request that no hearing of the Residents' Appeal, the Vaguna Appeal or The Appeals by the BCC/BZA be held or conducted until after November 22, 2016. 3 8A Based upon the foregoing, the Parties in good faith respectfully request that this not be heard by the BCC/BZA until after November 22, 2016. Respect.,...,,. -.,. i -&_-, odi b _ •nt •ny P. P' - , Jr. Esq. APP/Ig Enclosure(s) Cc w/Enc1.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, a 4 8A EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE 8A Anthony Pires From: BosiMichael <MichaelBosi@colliergov.net> Sent: Friday, September 23, 2016 8:37 AM To: Anthony Pires Cc: AshtonHeidi Subject: RE:STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good Morning Tony. Yes, we have the ad request to the clerk,as soon as I receive confirmation it's all set I will send out a confirmation e-mail. Have a great day, mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Friday, September 23, 2016 8:31 AM To: BosiMichael Cc:AshtonHeidi Subject: RE: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 GOOctrilOTIlirtg,,Mike. As a.follow up to our meeting last week, is October 25, 2016 still the staff- planned date for the Board to hear the Beach Box matter? Thanks Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:Tuesday,September 13, 2016 10:36 AM To:Anthony Pires<APires@wpl-leeai.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good Morning Tony, Yesterday we entered the appeal in the system. Here is project identifier -PL20160002324 If you go to the following link,enter the number and then click on submittals, you will have the full packet available. Planning Application Search - CityVien Portal Sincerely, mike From: Anthony Pires [mailto:APiresCdwpl-legal,com] Sent: Tuesday, September 13, 2016 9:56 AM To: BosiMichael Cc: AshtonHeidi Subject: RE: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12. 2106 as to the Beach Box? 8A Thanks Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent: Friday,September 02, 2016 2:15 PM To:Anthony Pires<APires@wpl-legal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject:RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Tony. S of today,there has been nothing submitted regarding the denial letter. Have a great weekend, mike From: Anthony Pires [mailto:APires@wpl-legal,comj Sent: Friday, September 02, 2016 1:46 PM To: BosiMichael Cc: AshtonHeidi Subject: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12, 2106 as to the Beach Box? Thanks Tony From:OssorioMichael [mailto:michaelossorio@colliergov.netj Sent: Monday,August 29, 2016 3:34 PM To:Anthony Pires<APires@wpl-legai,com> Subject: RE: STATUS OF CELU20150008262 Tony fyi, The Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of.Code staff received a request from the attorney representing the Beach Box, asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APires bwpl-legal.com] Sent: Monday, August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Hello Mike, Could you kindly advise of the status of your review? Thank you, Tony 2 8A From:OssorioMichael [mailto:rnichaelossorio@colliergov.netj Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APiresC5 wr l-legal.com> Subject: RE: STATUS OF CELU20150008262 Good morning Mr.Pires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Thursday, August 18, 2016 1:59 PM To:OssorioMichael Subject: STATUS OF CELU20150008262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regardingland use regulations and the use of the property variously known as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires,Jr., B.C.S. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax abires@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. 3 8A EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE 8A 8:04 AM 58%MIL) .46..0 Verizon 3G 4 < 1 beachboxcafe.com X [11 + i] Naples Daily News News Press National Hurricane Center Declaration of Independence- Text Transcript «iis , . •k I 1 : T.','•Y/r,,,,44' „oco ,,,, i, f ,...•.,...„, v 1 1 • i . 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C t--+„ <CI-• IIM4 M4 :t UI 11671 IIIca 0151 CL) III E U a f 0 ,,.._ _- V 0 0 nor gl H d - O Q7 m N U r , r., 0 Q� a 'v Y e; `� 3 U c °sl j F-- } C 7 8 A ( ) ■ § 5 .§ I— ce a 0 > 9 E \ cfs - , }I :, :�» \ ^ u Sf � \\/ \ \\ 1 / ƒ\ - peak / } . ! � $%£ > . \[< C 03 cri _\ \ \/ \ \ \\ \\ ..= c? _ , � ° $ \ § \\ § ao 1 ` � L /0 _ c = ' 5§ } I 2 &g � 'of /° =- © 2 « ,1/4', 03 \ a.g ƒ f § § co ~/ ¥e $ fm 2> © \ c_ - aI / 8 © U : _ � ! _ a >g{ 0 kSj■i . U 0 �%Ro \ ••••• Verizon 3G 819 AM 1 b4% 0 facebook.com Vote Georgia Hiller for Clerk Governr ,*�J Thank you to Gary Brecka and Patrick Dearborn for hosting a great GOTV .. -' PARTY at the Beach Box last night!Thank you DJ Ceron, you are amazing! At Aii. Thank you to everyone who came to show support for Georgia! PEOPLE #GeorgiaforClerk#25days#GoGeorgiaGo#LetsWinThis... See More Vote Georgia '~ Hiller for Clerk f i ABOUT •f•Cjeorl.jli1Ioi clel k -- + f • a 4: • " r `': * Vote Home _ ► R "�' E POliti by G About r 2016 • 04. Photos g...... Events 1, Clerl N. C1 r ly Collir Likes i Reps 0 Videos _ Getir 1 ahttp: Posts Create a Page Like Comment. . ' Share PHOTOS Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- It"' `= •" this. Geo• rgia I lilkr Vote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! ill a2 Vote Georgia Hiller for Clerk Thank vn(i to (`nlliar lflfl(`Ii ih -z r ncrne e Italian ('afa R Di', ria few an See more of Vote Georgia Hiller for Clerk by logging into Facebook r-=s3s:Icl thisDiad(, leen i alpnl it taoCt h1;,_,g events and moi e. If Vion Facebook acco,;r ( ,,'i:?ti c.. , C;re-te one to see more Of plk Sign Up Log In (--, 8 A 0 �X VI A A 3 M1 el a 4-0 N UJ m F` a N A' a W E g • co . _ tl At. O M a V ° r a� O 5r� 1 _ 'q i`.. lit i ' V C 0 r >< V m ` r n g C m 0 9 • - �� a •k a s 0 , . ep U m Q O t e tl V Cli eta) ��W 6 R N s o , I �/O d `� a 5u -g g _ t. 4i -1/4 UV0 R wCC uxG CO _ O O 2 g (I) 0Z1 a x N 3 v m _ Di N (1.) D _ Q u S 3'6 D q d rCis r�O ` T O m j V Ql t u ' a �� o � g O t` O O N a ' �6 , x o a 3a 0 - - .'e 6- H LI=7: buyy 3 z" . t�+l Z , ,2 1 ~ m R N_ Q S 6 kl pp!� qq y 7 p r O .;t, V1 , C it O O J V L S CSI g :-'8 a §{ 0� '�. 1.4 C 0 g O S Z 8A Irf a facebook.com th + 15 Naples Daily News News Press National Hurricane Center Declaration Of Independence-Text Transcript Florida Statutes ... Home-Beach Box Cafe Get Out The VOTE PARTY with Georgia faceboolc ,,,,, m � ' t w,'. Gedrgia a Hiller Clerk,' Courts 1G Get Out The VOTE PARTY with Georgia ro t. a P v:rr. Neigh4a:tmoJ Musterl try Beach Box Care * 4 ,, O Thursday,August 4 at 5:00 PM-8:00 PM in EDT GUESTS ; 34 23 677 Interested went shared rrih G Beach Box Cafe Show Map About Discussion 8A Uetall by t,nttty Name httpa/search.sunbiz.org/lnqutryl&orporattonSearch/SearchR ,ultLetat.. FLORIDA DEPARTMENT OF STATE 11 • i • ` S 1 1 • 1 ' • t 1!. I Home Contact Us E-Filing Services Document Searches Forms Help . Detail by Entity Name Florida Not For Profit Corporation B.R.A.V.E. COLLIER, INC. Filing Information Document Number N16000007473 FEI/EIN Number NONE Date Filed 07/29/2016 Effective Date 07/29/2016 State FL Status ACTIVE Principal Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Mailing Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Registered Agent Name &Address GOEDE, ADAMCZYK, DEBOEST&CROSS, PLLC 8950 FONTANA DEL SOL WAY FIRST FLOOR NAPLES, FL 34109 Officer/Director Detail Name & Address 'Title P BRECKA, GARY 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title VP STOCK, BRIAN 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title TR DEARBORN,PATRICK 9020 GULF SHORE DRIVE NAPLES, FL 34108 CaGy.112.1'!" and Privacy apj py State of:hods,Department of State I of 3 9/27/2016 2:I4 PM Detail by bntity Name http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai.. CROSS, BRIAN 8950 FONTANA DEL SOL WAY,FIRST FLOOR NAPLES, FL 34109 Title D WRIGHT,JEFFREY 8950 FONTANA DEL SOL WAY, FIRST FLOOR NAPLES, FL 34109 Annual Reports No Annual Reports Filed Document Images 07/29/2016--Domestic Non-Profit View image in PDF format I C 2 of 3 9/27/2016 2:14 PM 8A Exhibit "D" BosiMichael 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 Café 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. 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 Café 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 Café 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 Café. 8A { 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 Café'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. I 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 Cioffi,John Marques Owners,Beach Box Café Vanderbilt Beach,FL 34108 (305)-978-1480 f 2 beachboxcondos I ABOUT US Page 1 of 1 8 A About Us Meet Gary Breckcl & Ralph Cioffi. owners of Beach Box Cafe & Beach Box tiY Condos 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 l 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 coot 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 1012 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 24 or Dylan u)or even my best friend,'Voce the black tab. (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 Brecha&Ralph Cioffi 11 http://www.beachboxcondos.com/about-us 9/23/2016 8A �� " DEARBORN 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 Café 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 arc 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 arca, 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 Café 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 Café 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, /0Gt4 T7a.44.49 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.iLoveNaplesFLA.com John R. Wood Properties 1185 Immokalee Rd. Suite 300, Naples, FL 34110 8 A Ns, .„, fl • •. r-7* • - . . 0 • • • • • L , ' ,, . • - 8A ....o. .. t,.......,t. , . , . . , i .., .. .._ •, . 7, aril _ • 4 _, .„-, ,...•:„. ,-...-,ii--,. : . ... ,.z.: . .„, • . : -.:.. .. .. A.• .. i.', 4Y 7-f.•,:f...1,'' ' ....k. I - s'••••.- .---"f"••••A: ..'••-• - • ;W• 1 I , FP'. . :.,n,,....... .f. v -_,•-• '''. • 1 P ,..,, .. ,.. _ •__ • ... _ I li .4 4 II • 4 ,••,,,-7.-:---.: , L 0 '''''.:: ,:f 11"' . .. __,....,-. te r•-•.-4. ; • -.....;••••tfit, ..at;e:'.',i",filp , _ ,7••%efr ...:,7,,,t,,t: • • T4-I 5.,r4 iik miNipmes. i , ,:ftt,..!.• •.,..-ts-. ..: ..11":, •;--, _., -' ... • ib''..,.., 1--1,dik, ,- • , ' ' — •;i•-• It;•;- ''' rt ;7 ,,. . . 1 ! • , , gi. 11 : 1 ' ' ..... • fl • io .. 1.,:&•- 0 i'•'-* ,....f. . • . ...., . . ..... == : . .. . v. 1... ..... 0... F—. .f• It ; _. ' 1 • •._. , f. kV .:..;1 1.1 1161,IP ,,,i , .. .. - il , I ' 4,, e . 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CELU20150008262 Case Number: CELU20150008262 Status: Open Case Type: Land Use Date&Time Entered: 4/23/2015 12:39:19 PM 1 Priority Normal Entered By. boxheinz Inspector: JonHoagboon Case Disposition. Case Pending Jurisdiction: Collier County Code Enforcement Origin: Complaint Detail Description: Picnic tables observed at this location where.property is not zoned for such Location Comments: 9020 Gulf Shore Drive(Beach Box Cafe) Address 9020 Gulf Shore DR Property 79122440003 Property Owner VAGUNA CORPORATION Business Management& Budget Office 1 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Enter Initial Case Information boxheinz 4/23/2015 4/23/2015 Complete Initial Inspection boxheinz 4/23/2015 4/23/2015 Violation(s) Observed approximately six picnic tables at Found this location violating zoning requirements...nov completed...pic taken Record Violations boxheinz 4/23/2015 4/23/2015 Complete Attach Picture(s) boxheinz 4/23/2015 4/23/2015 Complete Generate Notice of Violation boxheinz 4/23/2015 4/23/2015 Complete Personal Service Attempt boxheinz 4/23/2015 4/23/2015 Complete CE Mailing day_n 4/23/2015 4/23/2015 Complete Mailed NOV cert/reg to owner&agent }CE Staff Review day_n 4/23/2015 4/23/2015 Complete attached ACM CE Staff Review day_n 5/5/2015 5/5/2015 Complete attached green card from agent Re-Inspection JonHoagboon 5/25/2015 5/26/2015 Non- 05/26/15-Spoke with Ray Bellows on 5/21. Compliant He had met with respondent,John Marques, and they agreed that a modification of the SIP will be allowed.Will continue to monitor for compliance actions.JH48 CE Staff Review day_n 6/2/2015 6/212015 Complete attached returned NOV letter from owner Re-Inspection JonHoagboon 6/9/2015 6/9/2015 Non- 06/09/15-Spoke with respondent,John Compliant Marques,on 06/05/15.He informed me that he had an additional meeting with Chris Scott on 06/03/15,going over planned changed to their SIP.He will keep me informed of any further updates.Continuing to monitor.JH48 Re-Inspection JonHoagboon 6/30/2015 7/1/2015 Non- 06/30/15-No new updates since last,will Compliant continue to monitor for changes.JH48 Re-Inspection JonHoagboon 7/22/2015 7/22/2015 Non- 07/22/15-Updated Jeff L.on case;informed Compliant him on meetings between respondent,Chris Scott,and Ray Bellows. No further updates at this time;continuing to monitor.JH48 Re-Inspection JonHoagboon 8/7/2015 8/7/2015 Non- 08/07/15-Spoke with John Marques Compliant (Respondent,630-452-3743)He informed me that they have now hired a real estate property management company(Welsh Companies,239-261-4744)to assist them with their SIP changes.Four new permits have been submitted on 7/27/15 for these various changes(PRBD20150724792, PRBD20150724794, PRBD20150724795, and PRBD20150724797.)They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a"parking specialist" to assist them in this endeavour. He said that 3 more permits will be submitted soon. Continuing to monitor.JH48 Business Management& Budget Office 2 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 8/26/2015 8/26/2015 Non- 08/26/15-Four new permits have been Compliant submitted on 7/27/15(PRBD20150724792, PRBD20150724794,PRBD20150724795, and PRBD20150724797.)Spoke with John Podczerwinsky(Davidson Engineering)who was hired by the respondent.He will be assisting them with their SIP and parking issues.His contact info is 239-434-6060. Re-Inspection JonHoagboon 9/25/2015 9/25/2015 Non- 09/25/15-In addition to the 4 permits noted in Compliant the previous update,another permit has been applied for.Permit#PRBD20150930039 for a fence.Continuing to monitor for SIP updates. JH48 Re-Inspection JonHoagboon 10/23/2015 10/23/2015 Non- 10/23/15-Ail permits are currently valid, Compliant PL20150001922 has been opened for their Administrative Parking Reduction.Monitoring. JH48 Re-Inspection JonHoagboon 11/23/2015 11/23/2015 Non- 1 1/2311 5-All permits are still valid.the Compliant majority of which have had expiration dates adjusted to 05/15/16.JH48 Re-Inspection JonHoagboon 12/22/2015 12/22/2015 Non- 12/22/15-All permits associated with the Compliant beach box have been finated. However, PL20150001922 is still open for their Administrative Parking Reduction, PL20150001000 open for the Zoning Certificate,and PL20150002649 is open for their Site Improvement Plan,Monitoring.JH48 Re-Inspection JonHoagboon 1/22/2016 1120/2016 Non- 1/20/16-All previously mentioned permits are Compliant active and going through inspections except PRHV20151031301 which is now finated. In addition,2 new permits are in apply status. PRBD20160101196 for a new sign and PRFR20160100057 for removal of the old fire suppression system.SIP is ongoing.JH48 Re-Inspection JonHoagboon 2/23/2016 2/23/2016 Non- 2/23/16-So significant changes with permits Compliant regarding this case.The only changes are to Permit#PRBD20160101196,which is under inspections commenced,while permit #PRFR20160100057 has been issued. Monitoring.JH48 Re-Inspection JonHoagboon 3/24/2016 3/24/2016 Non- 3/24/16-All permits have been finated. Compliant except Permit#PRFR2016010057 for "REMOVE NON-FUNCTIONAL FIRE ALARM SYSTEM PANEL AND ALL PERIPHERAL FIRE ALARM DEVICES&APPLIANCES THIS SYSTEM IS NOT REQUIRED,"which is under inspections commenced status. Both PL20150002649-Site Improvement Plan and PL20150001922-Administrative Parking Reduction remain active.JH48 Business Management& Budget Office 3 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 4/4/2016 4/4/2016 Non- 4/4/16-Recieved e-mail from John Marques. Compliant He provided a new contact,Ralph Cioffi (rrcioffiiicloud.com).Jon stated"As I explained on the phone the county is ready to meet with us on the SIP, I told Jon you were handling along with Davidson Engineering so I am cc'ing you both on an email so Ralph can take over from here on this."Will update case as soon as Mr. Cioffi makes contact. JH48 Re-Inspection JonHoagboon 4/21/2016 4/21/2016 Non- 4121/16 E-mailed respondents;requested a Compliant meeting with all parties involved,in order to go over site plan/case status,JH48 Re-Inspection JonHoagboon 4/25/2016 4/25/2016 Non- 4/25/15-Per Jeff L.-'They are in Code Compliant compliance with everything but the outside picnic tables.They are trying to incorporate these in with their SIP,however that is on hold while the civil challenge remains," Summary below: Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward.Respondent coordinating with Chris Scott on SIP;has hired Welsh Companies,(239-261-4744) along with Davidson Engineering(John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans. However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction,as a result plans are on hold until the petition is heard. Re-Inspection JonHoagboon 5/11/2016 5/11/2016 Non- Summary:Ray Belllows has agreed that a Compliant modification of the Site Improvement Plan (SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP; has hired Welsh Companies,(239-261- 4744)along with Davidson Engineering(John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans.However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction,as a result plans are on hold until the petition is heard. Re-Inspection JonHoagboon 6/2/2016 6/2/2016 Non- 7/2/16-My and Jeff Letourneau met with Compliant Michael Bosi, in order to get an update on PL20150001922(Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box. Mr. Bosi informed us that the Vanderbilt Beach Residents Association(VBRA)has until 7/17/16 to file an appeal to challenge the proposed Parking Reduction.Monitoring. JH48 Business Management& Budget Office 4 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 715/2016 7/7/2016 Non- 7/7/16-Myself and Jeff Letourneau met with Compliant Michael Bosi on 6/2/16.PL20150001922 (Administrative Parking Reduction)and Pt20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VBRA.)They have until 7/17/16 to file an appeal to challenge the proposed Parking Reduction.(If challenged,could push outcome until September(has to go before BCC first.)Monitoring.JH48 Re-Inspection JonHoagboon 7/20/2016 7/20/2016 Non- 7/20/16-Teleconference held between Mr Compliant Bosi,Jeff Letourneau,and myself. Respondent has to wait until a potential HEX hearing is held(re: PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VBRA.),which is tentatively going to be scheduled until late September of this year. Will update the case after that time.JH48 CE Meeting JonHoagboon 7/20/2016 7/20/2016 Complete 7/20/16-Teleconference held between Mr. Bosi,Jeff Letourneau,and myself. Respondent has to wait until a potential HEX 0, hearing is held(re:PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VERA.),which is tentatively going to be scheduled until late September of this year. Will update the case after that time.JH48 CE Staff Review JonHoagboon 8/18/2016 8/18/2016 Complete 8/18/16-Met with JL34-Parking Reduction Plan has been denied. Respondents to meet with Administrator,will update case after meeting.Jh48 CE Staff Review day_n 8/18/2016 8/18/2016 Complete 8/18/16-Please scan administrative documents into case-thanks!Jh48 Attached documents to case Ind CE Staff Review KimberlyBran 8/19/2016 8/19/2016 Complete Pictures attach- 1-7/KB des CELU20150008262081916Pict 1 CELU20150008262081916Pict 2 CELU20150008262081916Pict 3 CELU20150008262081916Pict 4 CELU20150008262081916Pict 5 CELU20150008262081916Pict 6 CELU20150008262081916Pict 7 CE Staff Review Ietourneauj 8/19/2016 8/19/2016 Complete Received an email from the attorney representing the Beachbox stating they plan to appeal the parking plan denial and asking for Code to hold off on further emforcement until that process is over.I will discuss this with Kevin Noel'next week for guidance on how to proceed. Email attached to case. JL#34 CE Staff Review day_n 8/25/2016 8/25/2016 Complete please scan legal docs into case-thanks! attached legal docs/nd Business Management & Budget Office 5 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 10/3/2016 Pending Violation Description Status Entered Corrected Amount Comments Prohibited Use NOV Issued 4/23/2015 60 Title Reason Result Compliance Fine/Day Condition Business Management& Budget Office 6 8A Anthony Pires From: Anthony Pires Sent: Thursday,August 18, 2016 1:58 PM To: 'michaelossorio@colliergov.net' Subject: STATUS OF CELU20150008262 Attachments: BEACH-BOX-APR-8-12-16(2).pdf;CELU20150008262.pdf;2ND SUPP. SUBMITTAL 7.12.2016.pdf Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously known as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires,Jr., B.C.S. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires @ wol-leoal.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. 8A Co aer County Growth Management Department Zoning Division August 12,2016 Fred Hood, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Denial of the Administrative Parking Reduction APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003, and rescission of letters dated September 22,2015 and May 18,2015 [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 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 a 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 181 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 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. 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 fhr 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. " This Ordinance invalidates the concept of "park once", stated in the application and utilized as the basis of approval of the APR, dependent upon the parking provided within the Vanderbilt Beach Parking garage. '1'o utilize the parking spots in the garage for patrons of the Beach Box cafe is in 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 (4) 2800 North Horseshoe Drive•Naples.FL 34104•239-252-2400•www.colliergov.net 8A 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, (This APR shall be void f 9002 Gulf Shore Drive is occupied by uses other than a café, retail, office, and residential in the square Jootages 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 APR would be voided. It should be noted that the 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 Cafe 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 1,770Sq.Ft Office Space 900Sq.Ft Residential units 4 units 16 spaces provided Proposed uses and parking required Café' 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 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- PL20150001922 is denied. Respectfully, Mike Bosi,AICD. Director, Zoning Division cc: Raymond V. Bellows, Zonine Manager 8A WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW July 12, 2016 CRAIG R.WOODWARD Board Cercfird:Rai E+uic Honorable Donna Fiala VIA EMAIL MARK.f.W°oQ"A!"' 14eari Board of County Commissioners Ce-Tifiecl:Rnl Fstix AE.THo,Yr.PIRES.JR. Collier County, Florida Bald Cc:tfeaC.k:Cowry; C/O Michael Bosi, AICP 1"31C."'Ircrm 2800 North Horseshoe Drive I.CHR1iTO;'HERLOMBARDO Naples, Florida 34104 ISr.Ar!Ccnit c is M!1!u! VYi Re: ADDITIONAL MATERIALS (SECOND SUPPLEMNTAL SUBMITTAL); roeUR'E.MURRELL APPEAL PL20160001347 (the "Appeal") relating to BCC directed Re- OfC«:,e; evaluation and Re-issuance of Administrative Parking Reduction, APR- CATH RINE A.HUNTER PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, 1I..�Lcfzuu„ Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re- Issuance') JENNIFER.L DEVRIES JENNIFER M TENNEY Dear Commissioner Fiala: LINORE 1 BRAKEFIEID ,) 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') JOSE NI rpt COLEMAN specifically reserved the right to further amend, modify or supplement the filing and 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 3203 TAM AMI TRAIL N. Box Café blocked off by cones and/or canopies. SUITE 230 NAPLES, FL 34103 239-649-655; Respectfully submitted, 2_0%649•7342}:AA J 606 BA!D FAGI.E DRIVE - SUITE 500 rt • P.O. BOX ONE 1 MARCO FL 34146 y P. "/res, Jr. Esq. 239-394-561 23'1 642.6402 FAX APP/Ig WWW'W.LL'PL I.LGAL.COM Enclosure(s) Cc: with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala 8A COMPOSITE EXHIBIT TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY 8 - : ,.,.., ..• .,. . .. .,..• \I, . . )!....., f 104; • . V ti ,..4•• .1'..:,••!.. t ' ,.....: • ..• . .. • • c. \ „ ... .. If ' • '... • ..'.' . ::-.--:-• • •••'" k - •..,.. ••• • •-•-• '0,-..-.--• 'Ir....• 41'01.. • -.‘t,.:: — ••`• AK - - •14::‘,... - :No: . . . • ,-.:•• •• . , , 0.,•.;• , . f e:• • •--, -. •t . I to• • • . i r.. ., .. „.••.,. .. • • - . ... . .... • •• ., :.., *%`• . .4:.:• . .- , ., 4,:.-4.,... . • .....6, -• . . . ., , . '•,.. iS?i•\, - •-• . -. . '•y•, .I! 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' "" A •a S • A . . . ... . . t ' • - ,.- 4, ..., lit. 7 ' siP.' 1:, ' • . .4, . re ,...... 8A Complaint Status- t ttyVtew Portal Page 1 of 2 GMD Public Portal Complaint Status _ Complaint Information Case number CEtU20150008262 States: One/ C,nnptern'vp,. i.n.d Use DeSCriptitini Picnic tables observed at this location white wools is nut zoned(or such t c< ally of Complaint 9020 Gulf Shore Of ice!Reach gds Cala Frope t' Owlet s!UA flame VAGUNA CORPORATION Locations 79122440001 9020 null Shore OR Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection Non-Compnant 7.20:20.16 C';.20,2316 Re-Inspection Non-Compnant I,5/21016 Oi,07/2016 Re-Inspection tion Compnant 6,2%2015 06,02;2016 Re-Inspection Non-Compliant 5.'11,2016 05,11;2.016 Re-Inspection non-Comp/Int 4/25:2016 04,25,2016 Re-Inspection Non•Compiant 401,2010 04,:112016 Re-Inspection lion Compnant 4;412016 04/04/2016 Re-Inspection non-(ornpnant 3'24'2016 O3.r4r2016 Re-Inspection ft,;n-Compnant 2123;2016 02,23/2016 Re-Inspection Non Compliant 1;.442016 01:10,2010 Re-Inspection Non Compuanl 12,21 1015 12,22,2015 Re-Inspection ltctrCompl,ant 11.73'1015 IIe.3,2015 Re-Inspection Non Compnant 10123,2015 10,23,2015 Re-Inspection Non.Conrpnant u;.'0.2115 at }4, 5,2015 12 Oi,All Re-Inspection Nou•Compnartt a:2012015 at OSf26,2015 12.00 AN Re-Inspection t:cn Compnant 8i/12011,at 05/01/2015 1.1 00 AM Re-Inspection 'Ice-Lomplianl 7.11,1015 at 17'22,2015 12 00 AM Re-Inspection t16n-t ompnant br!0.1015 at i)t/1/2015 12 0')A!1 Re-Inspection Non-Con-pmmm ;> 1:Op Al'! Re-Inspection rtUn Con•.=,ra,r 5.25 2016 A, 1 i 0„1 01.1 Initial Inspection .,lal . ,�-u - 1 ,'C 5 .3 'Ol0.it -14-'23 ,' thio://cvportal.coiliergov.net/CityViewWeb/CodeEnforcement/Status?caseld=466498 8/18/2016 8 ,ornpiamt status - t_ity v Lew Yortat Yage 2 ot 2 I Rat:: tale StA:Lf:'angel 4 3/2C- 5 Lominents must cease a:I use al any and all p•odtuty other tnan property zoned for use as ,dentinod tn Ord,nance 04.41,as amended.Section 2.04.03,rabies 1 and 2 AND/OR FtiniiivewoOden picnic tables from utimProyed properly a,d/or drnnerl v regulated by an approved Sne DevelOpMent Plan and the intended use in accordance...nth Section 10.02 03(8)(S) and/Or intended allOwatVe uses In 2.04.01 riD'e S 1 and t Rc•Inspection i),3:,016 ) http://cyportalcolliergov.netiCityViewWeb/CodeEnforcement/Status?caseld=466498 8/18/2016 { 8 ilk r} '' i 1�3•` rilf y . Sy +tet{ j \\\C. COOP 4 is-�?' ' �. !'� . *, r 9 • �*Er it .0ti' 4, KA +' _ _ (/ - `R j II- • ;� ; • f - � i; _ : `• G •+;�� ., �.' fit. • • • 0 �� 1 IP 4 t •;,:...:.... ! :. 1.1 ti I : iii ' 7 l' ._:. it'' . ' +�.� I • � { y • rs� • 1. ,� :-.461,44F.-10:- tail• ° iF ••1 �. ( `1'r f 7 i I tri1119 . al I. '• .�•_..�Lam..-� Ii•. 7ill 11JJ • 11�t { 1• #1 API.....*' ''‘.','•..,.:1:,*l''.!, -,yVe+ ``041A Y 8.1.',1 ...,r ,..1 A.1.- . • `rte _ _t .e i• •a r}: ►�, rw •fit • �` %� •{r �/,J,tel. " • •.17 <,`•,,{{ k r ?•• .. � �y lei,cry; •lb ,,,• ,• 4} a.' • • •i.-• •, • • fir. x .` .�!ffi. ,-.. ,-}: Y. , •4 •;li r . , ... 4- L'+ F �•/. /. •1 :. • �-' ii i Ill il'IIIiI) (I;t1i. /� 4f 11 =.J �-�•ni�.i.. �.,t 4 Bilk. "•tea" �- - �.. �IliIkr 1 I. t iri4 /r A • le i h'f IA, f`` • . :;. • i.•,.. . - 8A rr. , r, --;-,,,,,,-,.. I. 0.,;,, . ' .'..'7-,--,-.7,-..,..: ,. b"e a 1 :�� . 1I!, i rF �. 1 i i i - .. . 0 a - t. ._. . � 4 }Y.. • f t ".'` :' j r_`:j' : �. €• • yl • �' rr'�r \i • ..- ; • .'l • 8A Anthony Pires From: OssorioMichael <michaelossorio@colliergov.net> Sent: Monday,August 29, 2016 3;34 PM To: Anthony Pires Subject: RE:STATUS OF CELU20150008262 Tony fyi, The Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of.Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time, Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APires@wpl-legal.comj Sent: Monday,August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Hello Mike, Could you kindly advise of the status of your review? Thank you, Tony From:OssorioMichael [mailto:michaelossorio@colliergov.net] Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APires@wpl-legal.com> Subject:RE:STATUS OF CELU20150008262 Good morning Mr. Pires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APires;wrpl-Iegal.com] Sent:Thursday,August 18, 2016 1:59 PM To: OssorioMichael Subject: STATUS OF CELU20150008262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously known as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Cafe, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of 1 8A adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. { For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR)-(see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpf-leaal.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. t it dt r I;.. kid t. "11'0.,dUr a,rtc {ut-I!c r, tit f ,u u +.I r t r-u''. ,,<+0,, r,dt -J,n ii -.�=rr tsr L ,.+rl Lc c „�r.}.. ��Uu.,_,I �{„r;.t ..n3 ...... •r •,,41 i fly; ;td,, I'r t.�I .ar t,Cf ihit.+fl r I-, 2 Complaint Status - CityViewv Portal Page 1 of 2 8 A GMD Public Portal Complaint Status — Complaint Information air Nurn0e. CFCI1201500082 02 4tatrH C.•pen .nrnp n.r.l P,pn :Ann 1144. DPsb g7t+f.rr. Plcnrt:able5 0bserveCi aI tins lot dim' +,r1P.e pr npet ly.5 not 260:o fc,5u<h Litaldy of Con taint 9020 Gulf Shore Dnve,Beach152,,Cafrr AiOPC'to OAne 5°Utl Nan`.e VAGIitIA 00RRURA tiOfl Locations. 7912244000 5020 Gulf Some )1I inspections Inspection Outcome Requested Scheduled Date inspected Re-Inspection tion Compliant 7;20:2016 07.20,2016 Re-Inspection Non,Compliant 7/572016 07:67'2616 Re-Inspection Non Cpmptrant 6?2;2016 06'02'2016 Re-Inspection Non Compliant S;11:2016 05;11,2010 Re-Inspection Non Compliant 4,25/2016 C4:25,2015 Re-Inspection Non{amptiant 4'21;2016 04;21,2016 Re-inspection 'Con Camplrnnt 4,4'2016 14,0412016 Re-inspection Wnn•Compliant '•24120:4 03,24;2016 Re-inspection Non C7.nptiant .1,:3/20:6 (•2.23'2016 Re-Inspection Nnn C'tmpDaaI It2?I20;6 Cl 20'2016 Re-Inspection Non Co.nilranl 12:22,2015 12.22'2015 Re-Inspection Nun t nmpl.ant I1123;2015 11 23:2015 Re-Inspection Non(0010001 10/23,2015 10;23'2515 Re-Inspection Non fompllant 9;7572015 a' 1"25 7015 1?00 Am Re-Inspection Nin Compliant 5,76,7515 ar C8 26'?r,l 12'00 AM Re-Inspection tlon6Cornp6a0t 817,7015 at @54,7.7015 I?00 AM Re-Inspection Ncn{amp'iar4 7.'2217015 it I 22 7015 1200 Alt Re-Inspection la.7n-romp:ant 0,50(2015 dt 0:,01'2015 12.00 Ali Re-Inspection Ncn Compoar.l 6.942015 at CO )9,2015 1200 AM Re-Inspection vu•.Comps.ani 5'25+20:5 at r 5.0.2015 1200 At+ Initial inspection no2at":.,rs,€0 '1 :015 4 23.2015 ai .'.2+ 201" 120CAM EXHIBIT http://cvportal.colliergov.net/CityViewWebiCodeEnforcementfStatusReference?refer€nceN... 8/7/201 6 Complaint Status - CityView Portal Page 2 of 2 Cortectis C c pectic,I Oren rated Jot Status. Outstaacn0 :.ate Stat i.nanred, O4'23l2015 :rmmerts Must cease alt use at any and an prc•;.erty 8 A other than property zoned for use as •dentrtec to Ordinance 04-41 as arr.endec,Secttnn 2 n4 03.Tables 1 and 2 AflO OR Remove wooder ptcmc tatios from tremprrived IAOperry anO or property tegurated by an approved Ste Development Plan and Me mtende0 Ise n accordance- to Seaton 10.02.33iB;(5} and/or intended allowable uses,12 04 03, Tables 1 and 2 Re-inspection aend,rg 1013%2016 �..�._..__.. http://evportal.coIliergov.netiCityViewWeb/CodeEnforcement/StatusReference?reference?I-.. 8/7/2016 { 4 1./'-.4i.:',-. . ~ I 8 A 1 s:10., lip ...t .......c. ...,:;.: .:,,,.•.,,:,:. - - .....„ . ..,. . .. ' —t___.. p,'4,,,i; ,-4 .' ./ • C i;b. _ .. a...... It •GD • ---;..43. „=„4.1.., (-4 . "1! ' ' , �. {{a :9h i; tom+ } ,+ • J i -1,'". - .4 Zs!.' 0 ,l, 4 AL-- • . •r tr�; til it.7....- ..,,.. 4 „It. , ti, II , t lilt,. .....,4„,. , • .,... •,... . . .-) j-•:',..� 1�1 I .• tc.,�,. 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C . — . 1 ' . . .-. I:/..,• • % , • '..• . - ._ ' r.k.h,•* • - - al s'll•f ' . , . . - i - • . , t II • - . • it/4%' N. •t./ , ,..•. , 0. ..,.... .. . .. .., . . • - . . -. .., . ... . , . . . . , • . r.• . , . „. , i....>,-- . . • . • . • ' . . !, ,••- \ , .. .. . • _ , . ..f ,••5(5.• -"....' - . • . • . ,: , .- • - '-.- • ' , . , r , • ..-:" - - • . . . .,, • . .,,, . • • • • 8q EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE 8A Anthony Pires From: GossardTravis Sent: Friday,April 03, 2015 11:17 AM To: LynchDiane Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive From: WrightJeff Sent: Friday, April 03, 2015 11:16:22 AM To: ChesneyBarbara Cc: VlietJohn; GossardTravis Subject: RE: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Auto forwarded by a Rule Not sure that we need to circulate now...I just want to have the letter ready for anyone who might ask. I think check back every two weeks or so. thanks. From: ChesneyBarbara Sent: Friday,April 03, 2015 7:24 AM To:Wrightieff Cc: VlietJohn; GossardTravis Subject: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Jeff: Per discussion -Code 5461. Do you need response to Hiller now or if we have updates? How often do you want me to check back with you for monitoring purposes? lx per month? From: WrightJeff Sent: Friday, April 03, 2015 7:00 AM To: ChesneyBarbara Subject: Fwd: 9020 Gulf Shore Drive As discussed, I'd like to track this item (and possibly include Comm'r in response). Please see attached. Thanks!! Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-506.El (direct) Begin forwarded message: From: "WrightJeff <JeffWright@colliergov.net> To: "Vanderbiltbeach54@vahoo.com"<Vanderbiltbeach54@yahoo.com> Subject: 9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. 1 8q Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 2 8A Anthony Pires From: ScavoneMichelle Sent: Friday,July 10, 2015 8:50 AM To: WrightJeff Cc: GossardTravis Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff: Reminder update(s)due 7/13/15 (Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday,June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago, and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright, Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; Wrightleff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings,Investigator Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within 8 A minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 Barb From: "Wrightleff" <JeffWright@colliereov.net> To: "Vanderbiltbeach54cc)vahoo.com" <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 2 8A Anthony Pires From: ScavoneMichelle Sent: Friday,July 10, 2015 2:40 PM To: WrightJeff Cc: GossardTravis; Letourneauleffrey Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff: Great question-The last response said staff has an outstanding question with zoning regarding:legality of outdoor seating arrangement(and related parking/site issues). Maybe once that is answered we can close? Michelle From: WrightJeff Sent: Friday, July 10, 2015 2:25 PM To: ScavoneMichelle Cc: GossardTravis; LetourneauJeffrey Subject: Re: Code 5461 Hiller/FW: 9020 Gulf Shore Drive How long will we be providing updates on this? How many more updates? Not sure we have any new info...am copying JL to see if he has anymore info. Thanks. Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5066(direct) On Jul 10, 2015, at 8:49 AM,ScavoneMichelle<MichelleScavone@colliergov.net>wrote: Jeff: Reminder update(s)due 7/13/15 (Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday,June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hitler: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding:legality of 8 A outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vliet)ohn; GossardTravis; Wright3eff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns,particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach j observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 2 UA 239-252-5066 Barb From: "Wrightleff" <JeffWrightPcolliergov.net> To: "Vanderbiltbeach54Pyahoo.com" <Vanderbiltbeach54Pyahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached,and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506. E3 8q Anthony Pires From: Hoagboonion Sent: Friday,April 22,2016 7:42 AM To: LetourneauJeffrey Cc: SantafemiaJohn Subject: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Jeff, Probably too much information, but I figured we could work with it. Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP;has hired Welsh Companies, (239-261-4744)along with Davidson Engineering (John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans. However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction, as a result plans are on hold until the petition is heard. Jon Hoagboon Code Enforcement Investigator Growth Management Department Code Enforcement Division Office: 239-252-2971 E ' Fax: 239-252-2343 8A Anthony Pires From: Anthony Pires Sent: Sunday, September 18,2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive From:HazewinkelColby Sent: Friday,July 22,2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd:Code 5461 Hiller/FW:9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239) 784-4682 ColbvHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia <GeorgiaHiller@colliergov,net>, HazewinkelColby<ColbvHazewinkel@colliergov.net> Cc:WilkisonDavid <DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>, OchsLeo<LeoOchs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, Letourneauleffrey<JeffreyLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <MichaelLevy@colliergov.net> Subject: FW: Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition, challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th, 2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent:Tuesday, May 31, 2016 2:14 PM To: HilierGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcella3eanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneau)effrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 8 A. Commissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement provided the following information: Permit SIP P120150002649 is still in active status.The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcellaieanne; AuclairClaudine; OchsLeo; Frenchiames; Letourneau3effrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables.They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneau3effrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau,Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along.No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator 2 A From: ScavoneMichelle Sent:Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: All previously mentioned permits are active and going through inspections,except PRHV20151031301(this permit is now finalized). In addition, two new permits are in apply status. One is for a new sign and one is for the removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would be loud that night. Staff advised them to contact the Sheriff office if that happened. The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP P120150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone,providing an enclosed dumpster area for roll-out bins, installing a privacy fence,and replacing approximately 260/0 of existing asphalt with pervious cover to function as an outdoor seating area for the café". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 8q Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in"issued"status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection.They have also applied for an HVAC Permit (PRHV20151031301),and filed an SiP(PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent:Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; Wrightieff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques(Respondent, 630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies,239-261-4744)to assist then with their SIP changes.Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794,PRBD20150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a "parking specialist"to assist them in this endeavor.Mr. Marques said that three more permits will be submitted soon.Continuing to monitor and will keep you updated. On behalf of Jeff Wright,Director GM D Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wrightieff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hitler: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. ( } Thank you, On behalf of Jeff Letourneau 4 8A GMD,Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday,June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietlohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator 5 8A Chris Ambach recorded one noise violation on April 27U*2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez, who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor 'F seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "Wright Jeff" <JeffWr 6 8A ight(a7c olliergo v.net> To: "Vande rbiltbea ch54 a@ yahoo.c om" <Vande rbiltbea ch54P yahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VERA Directo r. Dear Ms. Barnme Please see attache d, and feel free to contact me if you need a nythin g else. T hank you, 7 81 Jeff Jeff Wright Direct() r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 nir'r ,rtagi iiit• r Lit ,iCI ari iid ; tolcat,:,in .ric teklur tfl I 4-tr tror I,-this r In, thi, d) 8 A Anthony Pires From: ScavoneMichelle Sent: Monday,August 29, 2016 11:25 AM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne;AuclairClaudine;OchsLeo; FrenchJames; LetourneauJeffrey; DeaneConnie; OssorioMichael; LevyMichael Subject: FW;Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday,July 22, 2016 3:07 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; Ochsleo; FrenchJames; LetourneauJeffrey; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th, 2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: 8A Permit SIP PL20150002649 is still in active status.The outside seating is reflected on the plans.Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables.They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; Frenchiames; Letourneau3effrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: 2 8A All previously mentioned permits are active and going through inspections,except PRHV20151031301(this permit is now finalized). In addition,two new permits are in apply status.One is for a new sign and one is for the '• removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would he loud that night. Staff advised them to contact the Sheriff office if that happened. The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; Marcella3eanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP PL20150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone, providing an enclosed dumpster area for roll-out bins,installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the cafe". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent:Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement. advised the four referenced permits are still in "issued"status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection. They have also applied for an HVAC Permit (PRHV20 151031301),and filed an SIP (PRBD201 50930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMI) Operations Coordinator 3 From: ScavoneMichelle Sent:Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc; ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques (Respondent, 630-452-3743). He informed staff that they hired a real estate property management company(Welsh Companies,239-261- 4744) to assist them with their SIP changes.Four new permits have been submitted on 7/27/15 for the various changes (PRBD20150724792, PRBD20 150724794, PRBD20 150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. in addition, they have hired a "parking specialist" to assist them in this endeavor. Mr. Marques said that three more permits will be submitted soon.Continuing to monitor and will keep you updated. On behalf of Jeff Wright, Director GMD Code Enforcement Division Michelle Scavone . GM D, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wrightieff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau GMD,Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; Wrightleff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, 4 8A focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vliet.lohn; GossardTravis; Wright3eff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Miller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been } monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 27t 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures, and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating, and we 5 8A expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From:"WrightJeff" <JeffWrieht@colliergov, net> To: "Vanderbiltbeach54@y ahoo.com" <Vanderbiitbeach54@y ahoo.com> Subject:9020 Gulf Shore Drive This message is J intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 6 Unbar F!;i:a Law,e-mail addresses?re public 8 A ecn.ds 0%,•:•u dr n,t :ant your e-mail address released in iespcnse to a public records request.W not send eiectronic mail to this entity instesa contact ihls Mice by telephone or in writing. 7 8A Anthony Pires f From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive From: HazewinkelColby Sent: Friday,July 22,2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd:Code 5461 Hiller/FW:9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239)784-4682 ColbvHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliereov.net> °i Date:July 22,2016 at 2:06:50 PM CDT To: HillerGeorgia <GeorgiaHiller@colliergov.net>,HazewinkelColby<ColbvHazewinkel@colliergov,net> Cc: WilkisonDavid<DavidWilkison@colliergov.net>, MarcellaJeanne<leanneMarcella@colliereov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>,OchsLeo<LeoOchs@coiliergov.net>, FrenchJames <jarnesfrench@colliergov.net>, LetourneauJeffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <M ichaelLevv@colliergov.net> Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th,2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; i BastienPamela; DeaneConnie; OssorioMichael; LevyMichael 8 A Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: Permit SIP P120150002649 is still in active status.The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Ol Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables.They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are proving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator 2 8A From: ScavoneMichelle Sent:Thursday,January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement provided the following information: All previously mentioned permits are active and going through inspections,except PRHV20151031301(this permit is now finalized). In addition, two new permits are in apply status. One is for a new sign and one is for the removal of the old fire suppression system, The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would he loud that night. Staff advised them to contact the Sheriff office if that happened. The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren ) Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; French3ames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP PL20150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone, providing an enclosed dumpster area for roll-out bins, installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the café". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent:Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; French3ames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 8A Conurrissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in "issued"status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection. They have also applied for an HVAC Permit (PRI1V20151031301),and filed an SIP (PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarceilaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques(Respondent, 630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies, 239-261-4744) to assist them with their SiP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794, PRBD20150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a "parking specialist"to assist them in this endeavor. Mr. Marques said that three more permits will be submitted soon. Continuing to monitor and will keep you updated. On behalf of Jeff Wright, Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday,July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks. The seating/parking case is still ongoing, with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau 4 GMD, Code Enforcement Division V A r Michelle Scavone GMD, Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. ) Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietjohn; GossardTravis; Wright3eff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW; Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings,Investigator 5 Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez, who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "Wright Jeff" <JeffWr 6 8A fight@c olliergo v.net> To: "Vande rbiltbea ch54@ yahoo.c om" <Vande rbiltbea ch54c vahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VERA Directo r. Dear Ms. Bamme Please see attache d, and feel free to contact me if you need anythin g else. T hank you, Jeff 8 A Jeff Wright Directo r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 234- 252- 5066 VAC,Floods Lay/ e-mail anr;re ses are pubte rer ird. u yon,d' not want you(e-mail bddress reteesed in r::sponte Ic a publk.records ritque::l.rt. ort send atectroriic mail ii)tins ,olid` 'nslead.coaari this agt,ce ta'Ielet:d}pne Sr 11:••ill�?U. 8 8A ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 8A Midi WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Board Cau6ed:Ra1Fn•+n• MARK j.WOODWARD Honorable Donna Fiala VIA EMAIL amid Ce ified:Rralatue Board of County Commissioners ANTI-IONYP.PIRES.JA Collier County, Florida 13'dcenised:c4c4"it3; C/O Michael Bosi AICP and Local Grnemment J.CHRISTOPHEALOMBARDO 2800 North Horseshoe Drive BO dMitd,, Naples, Florida 34104 and Family Lav Re: OCTOBER 11, 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CATHRINEA.HUNTER LIM(ThatioM APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFERLDEVRlES PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe?'Beach Box Café Property"), issued JENNIFER M.TENNEY May 18,2016 but dated May 18,2015(the"APR Re-Issuance") LENORE T. BRAKEFIELD AND MATTHEW P.FLORES APPEAL PL20160002324 (the '"Vaguna Appeal", filed on or about September 7, JOSEPH M COLEMAN 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), (the"APR Denial") COLLECTIVELY "THE APPEALS". Dear Commissioner Fiala: Today, on behalf of my clients, I have filed a Request for Change of Hearing Date (with Exhibits) as to the above matters. It is respectfully requested that the Request for Change of Hearing Date be placed on the October 11, 2016 County Commission Agenda and that it be heard and considered by the Board of County Commissioners of Collier County on October 11, 2016. REPLY TO: Respec i Lul le 31 3200 TAMLAMI TRAIL N. SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX J 606 BALD EAGLE DRIVE I�Irsu1TE KO t,b :•, Jr. Esq. P.O.BOX ONE MARCO ISLAND,FL 34146 239-394-5161 239-642-6402 FAX APP/Ig WWW.WPL-LEGAL.COM Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, Jr. 1 BA ATTACHMENT C TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 8A Anthony Pires From: Brian O.Cross, Esq. <bcross@gadclaw.com> Sent: Wednesday, September 28,2016 1:24 PM To: Anthony Pires; BosiMichael;Jeff Wright Cc: AshtonHeidi Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS We too would like it to be heard on October 11, 2016. El A D Brian Cross, Esq. Shareholder and Managing Partner Goede,Adamczyk, DeBoest&Cross, PLLC 8950 Fontana Del Sol Way, First Floor, Naples, Florida 34109 Phone: 239-331-5100/Fax: 239-260-7677 Email: BCross@gadclaw.com Our Offices: Naples/ Fort Myers/Coral Gables/Bora Raton In an effort to prevent fraud,we only accept wires for closing real estate transactions. Before initiating your wire, please call us to confirm the wiring instructions you received are correct. From:Anthony Pires [mailto:APires@wpl-legal.com] Sent: Wednesday, September 28,2016 8:33 AM To: BosiMichael<MichaelBosi@colliergov.net>;Jeff Wright<jwright@gadclaw.com> Cc: Brian O. Cross, Esq.<bcross@gadclaw.com>; AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Mike, thank you for copying me and please also extend to me the same courtesies that you have extended to Mr. Cross, et. at, as to updates, as previously requested in my letter of August 22, 2016. Thank you, Tony From: BosiMichael [mailto:MichaelBosi@collierRov.net] Sent:Wednesday,September 28, 2016 8:26 AM To:Jeff Wright<iwright@gadclaw.com> Cc: Brian O. Cross, Esq.<bcross@gadclaw.com>;Anthony Pires<APires@wpl-legal.com> Subject: FW: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Brian,The following request was submitted yesterday by Mr. Pires. I have been in discussion with the County Manager's Office and they are determining if the request will be heard at the October 11"'BCC public hearing. As that discussion progresses I will provide an update to all parties. 1 sincerely, 8 A Mike Mike Bosi,AICP, Planning and Zoning Director 239-252-6819-Office 239-784-7461-Cell 239-252-2806-Fax From: Anthony Pires [mailto:APires©wol-legal.com] Sent: Tuesday, September 27, 2016 3:31 PM To: BosiMichael; FialaDonna Cc: AshtonHeidi; BrownleeMichael; FialaDonna; OchsLeo; Klatzkowieff Subject: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Attached please find the attached: 1. Request For Change of Hearing Date (with Exhibits). 2. Correspondence asking for the Request For Change of Hearing Date to be heard by the Board of County Commissioners on October 11, 2016. Respectfully submitted Tony Anthony P. Pires, Jr., B.C.S. _..(/ Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apres i @ wpl-lepal.com � r 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,email addresses are public records.It you do not v+ant your e-mad address released in response to a public records request,do not send electronic mall to this entity Instead contact this office by telephone or in writing 2 8A Anthony Pires From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@colliergov.net) Cc: AshtonHeidi; Klatzkowieff Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting -Web Outline - Collier County, FL;Item 10.C.; BEACH BOX APPEALS Attachments: REQ.CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA.9.27.16.pdf Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me, I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/Detail_Meeting.aspx?I D=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals' are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] Tony 1 ea ATTACHMENT 17. TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE Collier County, FL Code of Ordinances Page 1 of 2 VA 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. about:blank 6/15/2016 Collier County,FL Code of Ordinances Page 2 of 2 8 A 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 ,�o �v 8 A 1700 � �� tc ti ORDINANCE NO.2010-29 ro • /_\ o, ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Og:;, y EEOE6zcst,0 LLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF `%;;'. PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation;and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit,which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of 4 8A SECTION TWO: Purpose and Intent. The purpose of this Ordinance 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. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: 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 Ordinance 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. SECTION FIVE: 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 Ordinance 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 Ordinance. 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 Page 2 of 4 8A 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. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance 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. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 8A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 27th day of July,2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,B1WCK, CLERK COLLIER COUNTY, FLORIDA ..... )11-1-41 (A)* (-71iL • By: '•1'1 .,:- A. Lti ` . By: '-7 ' ' Alt►' it utX Clerk FRED W. COYLE, CHAIRMAN • *fir Approved•'d to f©rni. and I,•"al s ► iency: v to Jeffre . iatzkow Coun A ' ' ey This ordinance filed with the toryof tote's iyg„(t and acknowledg rn• hot fil ,,. '.-• 0 day kis a) Page 4 of 4 8A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2010-29 Which was adopted by the Board of County Commissioners on the 27th day of July, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2010 . DWIGHT E. BROCK Clerk of .Courts axit > 4,�er k � Ex-officio to .�:oard"bf • . County Commi4i O ers.: • CLcCA . Jt By: Ann Jennejohni Deputy Clerk 8A �.w RESOLUTION NO.2010- 143 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010-29, THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on July 27, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010-29, the "Collier County Public Parks and Beach Access Parking Ordinance" to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No.2010-29; and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010-29 including the prohibition against anyone parking 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. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 8A (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 27th day of July,2010. ATTEkV, .},.�- BOARD OF COUNTY COMMISSIONERS ':4 t. '.,; COLLIER COUNTY, FLORIDA •st £}....-CLt4- 14 e uty Clerk y FRED W. COYLE, CHA AN i ` ��yq BAppro -d as to form and legal s ifici y , 11....corj Jeffrey •r . i,i,i kow County ' o y Page 2 of 2 BA ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE Agenda Item No. 17G 8 A July 27,2010 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or "Public Beach Access Parking" in accordance with the procedures set forth in said Ordinance. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an Ordinance establishing regulations relating to public parks and beach access parking areas and a companion Resolution designating certain areas owned or leased by Collier County as"Public Park Parking" or"Public.Beach Access Parking-'in accordance with said Ordinance, CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation. These areas, however, are now being used for commercial overflow parking and private uses which is contrary to the intended public use. The proposed Ordinance provides regulations relating to the public parks and beach access parking facilities to preserve their intended benefit which is to provide adequate park and beach access parking for Collier County citizens and visitors. The Ordinance also provides the mechanism by which the Board may, by Resolution, designate certain areas owned or leased by the County as "Public Park Parking or Public Beach Access Parking." The proposed Resolution designates the following County-owned or County-leased areas: (I) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. At its May 25, 2010 meeting (Item 16D8) the Board authorized staff to advertise the proposed Ordinance for future consideration. The proposed Ordinance was advertised for the June 22, 2010 meeting but continued to July 27, 2010. FISCAL IMPACT: There is no fiscal impact associated with the action. GROWTH MANAGEMENT IMPACT: Community and Regional Parks are inventoried in the Growth Management Plan. There arc no further impacts. LEGAL CONSIDERATIONS: The proposed Ordinance and Resolution were drafted by the County Attorney's Office and arc legally sufficient for Board action. -JAK Agenda Item No. 17G 8 July 27, 2010 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopts the proposed Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approves the companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or"Public Beach Access Parking," Prepared by: Barry Williams, Director,Parks and Recreation Department 8A Agenda Item No. 1 7G July 27,2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item was continued from the June 22,2010 Board meeting -Recommendation to adopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas.and approve a companion Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in said Ordinance. Meeting Date: 7;27/2010 9:00:00 AM Prepared By Tana Nelson Administrative Assistant,Senior Date Public Services Division Parks&Recreation 7/2/2010 9:44:24 AM Approved By Jett Klatzkow County Attorney Date 7/1412010 3;44 PM Approved By Marta Ramsey Administrator-Public Services Date Public Services Division Public Services Division 7/14;20104:34 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 7/14!2010 4742 PM Approved By Earry Williams Director-Parks&Recreation Date Public Services Division Parks&Recreation 7/1512010 8:13 AM Approved By OMB Coordinator Date County Manager's Office Office of Manaoement&Budget 7/15/2010 10:15 AM Approved By Sherry Pryor Managements Budget Analyst,Senior Date Office of Management& Budget Office of Management&Budget 7115/2010 12:40 PM Approved By Leo c,Ochs,Jr. County Manager Date County Maraaers Office County Managers Office 7)18.'2010 4:22 PM Agenda Item No. 17G July 27. 2010 Page 4 of 10 RESOLUTION NO. 2010- 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS A OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010 - , THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on June 22, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010 - , the "Collier County Public Parks and Beach Access Parking Ordinance" to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010 - ; and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010- including the prohibition against anyone parking 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. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 8A Agenda Item No. 17G July 27,2010 Page 5 of 10 (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ._. ( By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN App oved as to form and lega,suffic -ncy: ;,Eigt fir n►._ . Jeffr • =tzkow Coun ?Atte ley Page 2 of 2 Agenda Item No. 17G 8 A July 27.2010 Page 6 of 10 ORDINANCE NO.2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health,welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of 4 8A Agenda Item No. 17G July 27. 2010 Page 7 of 10 SECTION TWO: Purpose and Intent. The purpose of this Ordinance 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. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County,Florida. SECTION FOUR: 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 Ordinance 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. SECTION FIVE: 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 Ordinance 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 Ordinance. 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 Page 2 of 4 8A Agenda 'tem No. 17G July 27, 2010 Page 8 of 10 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. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance 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. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word `ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 Agenda Item No. 17G8 A July 27, 2010 Page 9 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE,CHAIRMAN Approved as to form and gal s ff iency: It.414 Jeffre.I. . itzkow Count L ey Page 4 014 Agenda Item Na. 17G V A July 27, 2010 Page 10 of 10 • 20D • Sunday,June 6,2010 • Naples Daily News ORDINANCE PETITIONS ORDINANCE PETITIONS • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 22, 2010 in the Boardroom, 3rd Floor,Adminis- tration Building, Collier County Government Center, 3301 East Tarniami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE Of THE BOARD OF COUNTY COMMISSIONERS Of COLLIER'COUN- TY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND.IMPLE- MENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed, In- dividual speakers will be limited to 5 minutes on any item. The selection of an indi- vidual to speak on behalf of an oroanization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure'that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deptart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252.6380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA FRED COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Polaski,Deputy Clerk (SEAL) June 6 7010 No1856223 Bp ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE 3309371 OR: 3460 PG: 1484 8 A RICORDID in OYYICIAL RECORDS of COLLAR CODER, Yl 12/10/200, at 11:22AK DWIGHT E. IROCI, CLIRI I RIC/II 200.50 ( COPIES 46.00 Retn: CLIII TO HOARD This Instrument Was Prepared By, MIME 4tH RL00R Record and Return To: EI! )240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 •. =swim m AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the j'day of ()..fQin , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County") , WCI COMMUNITIES, INC., a Delaware corporation ("WCI"), and HMC OP BN LLC, a Delaware limited liability company ("Host") . I. Backgrauad. - :�(1\h, On or about April 1 Coral Ri Collier Properties, Inc. ("Grantor") executed and d:1 ered a Quit-C1 Ai"ITeed (the "Deed") by which Grantor conveyed to the Co parcel of i d escribed in Exhibit "A" attached hereto ("Bean Ace •- 'te" Dee w s recorded in Official Records Book 966, page 188. i. 4 ors of Collier County, Florida. Pursuant t t e. s • t _'D- e each Access Site was a ) conveyed to and accep e • t.e u Q - •` - p ertain restrictions, reservations and prot c -,/'. r-rf. .=et . • g3 the Deed, including without limitation the 's'e trictions, res at on,. d protective covenants contained in the Decl r cion of Restr o s/ alai Protective Covenants attached to the Deed a ibit "A" the 4A:he "Declaration") , which Declaration was recorded ficial RecorSls,`B Pk 966, page 1866, in the Public Records of Collier o.�.d��• On April 19, 2002, the Codti y tian action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02-1562-CA (the "Litigation") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. OR: 3464 PG: 1485 8A For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz-Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage,,-qts 4r a ivalent to that of the Ritz- Carlton Garage; however, i ' 6,4ye�it-;= b<e maximum number of parking spaces exceed 350. Simu} sly with tnstruction of the Parking Garage, the County shAl also, at its sS.Qe `expense, construct and maintain a trellis-like srtSictitres t• her_top 1,evel of the Parking Garage equal in quality and Simflai41-Th*Tppearande to Ohaf~, of the trellis on the top level of the Ritz,-Ca 1. . � king any construction i''' relating to the Parking raragz, t-e t 1, s mit to WCI, for WCI's approval, which approvg a ' ib ! nre s na}blf withheld, all plans, including the design ja.' ,- �� lig lin r the Parking Garage and trellis. Within\,3„'feasonable tiaft�er! tceipt of the County's proposed plans for thk� eking Garage Z,sp review said plans and shall notify the Count 4 writing of W1. D149oval or disapproval of said plans; if WCI disappr q said plans,, g all notify the County of the reasons for such disapp. vi?-and.sha its gest revisions to the plans which may lead the plans to''be'df cdpthab e--' o WCI. WCI may not withhold consent to any proposed design p3ansthe basis that the building area of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with { the design and construction the Parking Garage. The County acknowledges OR: 3460 PG: 1486 8 A and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive B zS Florida 34134 /`t fir- 11; ings ,!'(�telephone: 23 213 /// L-1Telecopier: 239 98- 277 With copyto: / /l '. ' -- n. Wea r, ti, M'llr, Weissler, Alhadeff 1 ( /pi J— teei ', ( a ,fFlda 0 v/ ,',,,.,\ Attn: Lawrete anlin, Esq. \'`;'\ Telephone: 342 .800 \,f�Tlecopier: 1 3� 089 In the case of \�'�--_._.__--!'.t the County: itofiitdr gc s Attn Marla Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: / - With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8th Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 • Telecopier: 240/744-5869 • OR: 3460 PG: 1487 8 A ( Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCi COMMUNITI-S, C., a Delaware co- orata.on )244- Alii 411 Print Na e: &IC \T( GCS (r • n.11a L-; �� 7 1 � f int e: 14 5 \ ATTEST:_-atIFGHT•-E- eitR C 0 .. a political r" srI•i R o ofIthe State of ri - t- By:• �'P'.�_ • i• � li�►L'.!ute = l / { ,,2411;;;.-' Ue y Clerk 1r,•�J `at, S i , D� _$y ENNING, Chairman S1QIIdttN'e,on • _ Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: App ved as to fors 1 1 sufficiency As; • '' County Attorney Ellen T. Chadwell OR: 3460 PG: 1488 A STATE OF FLORIDA COUNTY OF CO HR Theforegoing instrument was acknowledged before me this 3__ day of I}Wyw, 2003, by (,... 1.010-A.9- (Z , as ts of WCI COMMUNITIES, INC., a De aware co oration, on behalf of the corporation. lip/she is personall kr in to me or has produced as identification. Pri ted Name j !@.l1 [- C Notary Public Serial Number (if any) : (gie„Ni My Commission Expires: (NOTARY SEAL) 41101• NotaryPublle.,StateofFlorlda My comm.ackaa MaroN 9,2007 STATE OF FLORIDA t.�`, Comm,No.DDIM 2! COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP BNC LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me or has produced as identification. jPrinted Na / / ar .Publi 5= ial umber (if any) : ().1y) i Expires: a, {`4` . S {pc.. • Y t v 1 I fJf�/ I:\w-re\36190\005\Amd ReoCov-a5I.p doc <+�! ' 10/28/03 \/J.\ C: 4�„{ /. /l , NCI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 A OR: 3460 PG: 1489 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain.in full force . and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized I terms herein shall have the same meanings as they have in_ the Deed _ Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this amendment reference is made to a number of "days,' unless otherwise provided, such reference to "days" • shall mean calendar days. EN WITNESS WAEREOY, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI S, •C. Delaware co- oret.o bit :.. ! r:�_ /11... . `:�;� • . , (�/' �. ,,�,. rr- ' nt Na '-: aL '.� wiz 12,40.11r � Pr n. �� I ttt : / t)a- .-�---------J-\\ \ ATTEST x ul�i �8.'BROOK,CLE X • L SR • . .,..3. • c . 1 . .r.--_ .. •. ',, s# •d vi=i.. .-, the :t--i C'^` e 11th. 1424, _ tet' „r: 01 .. 9n �� onl TOM HENNINO, Chao' Two Witnesses: ��P��N J���yl�ware limited liabilit trona /� By: ja,/w "�(J61 print eme: llcS Print Name: ??I;AWIEN/JlayI) Its: • Print Nat : rA(trt f(i -n'1 Qytinat.-n MCI LEGAL Fax:239-498-8271 Nov 18 2003 15:11 P.06 8 A OR: 3460 PG: 1490 STATE OF FLORIDA LAR COLTDTrY of SBR { a of foregoing instru t was owledged before 3 f of 1003, by MCI COMMUNITIES, INC., a Delaware co oration, on behalf of the corporation. u/she is ersonail to Ium as orihas£ pathic d Pri ted Name tx -^ Notary Public Serial Number (it any) : tRU .3C. My Commission Expires: Y (NOTARY SEAL) 00001 'f_b �M 5 MI STATE OF FLORIDA Cows.No.OD10r1!!M COUNTY OF COLLIER The foregoing instrumppt was inpowledged befortyee this j day of Nolii of r, 2003, by r/!,/� I I W-JY) r as V C-e H- a_e v)+ of HMC OP BNC LLC, a Delaware lied 1i yr,c..... . on behalf of the Ne/she is personalllly "-No has produced cuapanY• _ p M:tification. / / , Notary A • 'Ilk :Ott:1r _ 7: M C� "'%-._) ' :i 2 r.— .e A. a 1'•: °1/ _ NOTARY PUBLIC .TE e F RY D ♦ K't ,aiyg5vi.a u.Cor-„,m02.___ �''.s iilV My Commission .•;;•-s Apri 06 11.- C'IX 0R: 3460 PG: 1491 8 A SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is entered into this—day of November,2003, by and among Collier County ("County"), WCI Communities, Inc. ("WCI"), HMC OP BN, LLC ("Host")and The Ritz-Carlton Hotel Company,L.L.C.("Ritz-Carlton"). Host and Ritz-Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County,Host and Ritz-Carlton on the use,and the terms of use,of the County parking garage after Closing Time (as hereinafter defined). - RECITALS: 1. On April 13, 1982, WCI's..predece s�or in interest conveyed to the County an 4---- �}�,R CO approximate 5-acre parcel of pro/ "; .ch Acces a quit claim deed("Deed") which was subject to a Declaration o 'e • ' i ons atec ' e Co -nan ("Deed Restrictions"). A copy of the Deed and Deed Res do . . ' ''74 -17 : .T 'A.', _. On April 19, I a.. i uit court in Collier County, Florida, styled Collier Coun ,' • \WCI Communiti c, ass o. 02-1562-CA ("Litigation") seeking: (1) a declaratory judgm ,fr. the Court, allegations of the invalidity and unenforceability of the Deed Restrictions ozi -eaa Access Site; and(2)enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. -1- 8A 011: 3460 PG: 1492 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4-story parking garage on the Beach Access Site which would exceed the 20-foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes,both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing,enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation,and accordingly,enter- into nterinto this Agreement and agree upon the terms set forth herein. NOW THEREFORE, in consideratj.on__oL1 e foregoing Recitals, the mutual promises COcontained in this Agreement,and4.--Ilit7R ••04 and valua eration,the receipt and sufficiency of which are hereby conclusiv y ., t + •- • the i. ies h ret stipulate and agree as follows: 1. Recitals. Th p: ►1 1- _ • . -Ili: b :, als are true and correct and are II incorporated herein by this e �./` i-"" 2. Amendment o A.7'y, Restrictions. Th -r`•u'ty —•y agrees that it is bound by the "f- 1. Deed Restrictions which are the s. s the Litiga'% .\"$)B ltaneously upon execution of this Agreement,the County,WCI and Host shall'ezeeamendment to the Deed Restrictions in the form attached hereto as Exhibit"B" which shall then be recorded in the Public Records of Collier County,Florida. ("Deed Restrictions,as amended.") The County agrees that it shall be bound by the Deed Restrictions,as amended. 3. Construction of Parking Garage. The County,at its sole expense,shall be permitted to design,construct,and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2-story parking garage owned by Host and operated by Ritz-Carlton -2- 8A OR: 3460 PG: 1493 known as the Ritz-Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz-Carlton parking garage. Simultaneously with the construction of the County parking garage,the County shall,at its sole expense,build a trellis- like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top level of the Ritz-Carlton parking garage. All plans, including the design; Iandscaping and lighting for the County parking garage and trellis shall be subject to the prior review and written approval of WCI, which approy Lwi of be unreasonably withheld.The parties hereto -t R C 0 t�Av G e acknowledge that the County Parking • ex •-a t .\,k (square footage)of the Ritz-Carkon Garage,and nothing contained h in cokstrued as limitin_thelilding area of the County Parking Garage to an::: Ztt(, .J, vao a • .• er, a maximum number of parking aces n the ` jI 5 ) J CL r 4. No Addition. P-e n:on Site. The }ntygr.fi ; }rat there shall be no additional '"` _.O,// parking spaces (beyond the mai ' a umber of 350)evected on the Beach Access Site, ' c,0 and that no additions to the County p u'igde made which have the effect of either , increasing the height or the square footage of the County parking garage. 5. Closure of Parking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown("Closing Time"). 6. Use after Closing Time. Notwithstanding the provision in paragraph 5 above,upon reasonable prior written notice to Ritz-Carlton and Ritz-Canton's prior written consent, which consent shall not be unreasonably withheld,the County shall be permitted to use the parking garage -3- • OR, 3460 PG: 1494 $ A after Closing Time during limited special events,such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar year. The County's written notice to Ritz-Carlton seeking Ritz-Canton's prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz-Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent, which consent shall not be unreasonably withheld, Ritz-Carlton shall be granted a license/permit to use the County parking- garage arkinggarage after Closing Time for valet parking for Ritz-Canton's limited special events. For those special events when Ritz-Carlton uses the County.paicng garage after Closing Time.Ritz-Carlton shall pay to the County a usage OPU0/car, o : .; 00 per event, whichever is more. C � Under no circumstances will is = ` -•. 110. e nu .bee of special events for which the Ritz-Carlton may use the l(ar•••. • .1: •- •, . b .: .h not exceed twenty-five per ri calendar year. Ritz-Carlto ,si • r•. :.- C. s fif g the County's prior written consent for use of the Coun 'ng garage after C : T. - all be sent to: Marla Ramsey. Director of Parks and Recreati 0a,Santa 13. ulevard, Naples, Florida, 34116. CI Simultaneously upon execution of this Age` nteniRitz-Carlton agrees to execute and deliver to the County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits.variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. WCI makes no representations or -4- 8 OR: 3460 PG: 1495 warranties on the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Agreement,and they shall not be bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire Agreement. There are no other agreements,promises or undertakings between- or among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this A• -- No alterations, changes, modifications or t R CO( amendments shall be made to this :Arc. . t,except i • O sand signed by WCI and the County. 10. Dismissal of Li as '. . ' ' • :I-.us_Ippon a ecu on of this Agreement,WCI and • the County shall execute an file . • . Iry o 1 t T• -ju ice of the pending Litigation t, in the form attached hereto � • 0.4."U lam, 11. Survival of Te : 1 terms,conditio =:p0,1its,/ bligations set forth herein shall survive execution of the Deed Re # as amend ,art dismissal of the Litigation. CL 12. Severability. Should any pravisioiroftt is Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. -5- 8A OR: 3460 PG: 1496 WCI COMMUNITIES,INC., a Delaware corporation , By: / Ails !a . Name: Lmm� ' p. . Its: "M�' r►t111111' . ATl'hST: DWIGHT E. BROCK,Clerk BOARD OF COUNTY COK IISSIONERS OF COLT.1FR COUNTY,FLORIDA By: Deputy Clerk TQ . HENNING,Chairman 0\1 ----Ks:J._C HMC OP BN LLC, a Delaw r. 'tle - • WI :SSES: liability company , r .� d", d, % ";� i • ... r 0101114, .. � L •. ,': n'1 't.i,j 4- 1.i,.. :'1 :\ %7-1,,,, .4t11-7 , 4:.i ---44---1 od A CL-7//1/1 1 `-7 •Name:LAR.r4 n (..ice y,0 a By: \ti, Name: CCA 144 (\ Ct, Its: L/ i __ `' THE RITZ-CARLTON HOTEL COMPANY, WITNESSES: L /y� .L.C. / rte '///2). "-'` Print Name: 1.--Vz5-t+.-E..-(1.-, R. Wif`�ltic, 9 - felkk5 /LA At' ----:-;'7/� ///� m -- �f � Print Name: By: Nae nefh R. Rehmann Its: ecutive Vice President & /Chief Financial Officer -s- Appr ett Z). .fat al alsufficiency Y�� 5tant County Attorney :flee T. Chadwell '., D 7 3 2 . AA 13 :? i:: � . 0918E4 DUIT-CLADA DEED . This Quit-Claim fend, executed this 12th day of April, 1982, by CCIRAL RIME-CDLUER PROPERTIES, INC., a Florida corporation - hereinafter referred to as GRANTOR, to COLLIE3t C=UWT71 a political subdivision of the State of Florida whose pastoffice address is Collier County onverrment Ccrples, Naples, Florida 8.3942 hereinafter referred to as GRANTEE.-: (Wherever used herein the terms 'GRANTOR' and "GRANT ' shall include singular and plural, heirs, legal representatives, and assigns of to individuals, and the successors and assigns of corporations, wherever the context so units or requires.) WIT3CESSZTh: That GRANTOR, as a gift and in fulfillment of its obligations under the Pelican Bay PUO Ordinance (Collier County Ordinance No. 77-18. es trended) and the U.S. Army Corps cf Engine. -ri-t ,o. 7SX-0282 (hove:her 1E, 19E1). as o recorded In Official Record Qk - pa : 824 through 182S, inclusive, cf the Public Records cf Ca , jirr b s hereby remise, release ar._1 quit-claim unto "on:Ni:- right, tit . ••e,, -st, claim and decant which R has in and • t( allowing describe 1 kq; .lace or parcel of land, situate, lying and el n the County of Collier, Sta - of Florida, to-Cit: A portion of ecti n •- z..4. hp u 25 h Ra East, State af Collier Curry, Schedule 'A Fl id, as mo - _lcular desc.ibed on Exhibit 'A' to _�� Subject to: 1) Taxes an ass s ent f. 9�T ubst --nt ars; Q� �' dir 2) That ce ale - ARA1 ., 0 .c� I . - nu; O7EL'7IY•_ CDYL'SA!(I5 •- ('RE. IC'TIO .) ttached hereto and c •e a ar' ht.. of as S - 1 Schedule 'A' �_ -. 3.) The reser r ht of onAHTDR to AN ii i n fill activities a<_ `� • permitted `n t eftl. . Argy Corps .,f „ �i rF Perri; Ho_ 2SK-0252 O� (Noverber 18, I98 . 0 b 4.) The reserved rioh, oft JJ-�tqq ns ct atwenty ) 4-1 parking space facility, -tiisat f ��- one-hundred (120 er( of Pelican Bay PUD Drdinarce Section 13-5(D.) (Collier CounOrdinance Ho. 77-19, as moended), �—' ty including but not limited to such construction-related activities as site `� preparation, paving, drainage, curbing and landscaping. 5) An Easement reserved to GRANTOR and the PELICAN BAY II4Fwt. OVEMEN `+ DISTRICT (P.B.I.D.), Its successors and assigns, to construct, operate, maintain, repair, replace or rebuild drainage structures and water anc sewer utilities in, over, on and above the property, with the right cf ingress and egress. GRANTOR or P.E.I.D. shall repair and/or r lace any area which it may disturb, damage or destroy in the construction, operation or maintenance of said drainage str duras and water and sewer utilities. - 6.) An Easement reserved to GRANTOR and the PELICAN BAY IMPROYENENT DISTRICT (P.B.I.D.), its successors and assigns, for that parcel of land as ?are particularly described in Exhibit -'8'. to Schedule 'A', attached hereto and rude a part hereof, for the operation and mainteAance ofd er _ . G�+EC,$anage4eat 'purposes. _ _ `rte i P,1 O. This instrument prepared by: This document accepted by the BCC on _ `"� Peter O. t;rcfit April l3, 1952. : v r M : 5w Pel's Bey Blvd. 8Y: �/ •f,, - k - • / Naples, FL 33940 Y. Mae- , . F '� �.�j RECORDER'S MEMO: Legibility of writing, typing or printing _______if_ i;' unsatisfactory in this document Page t of s when received. ( of Li OR ROOK PAT, 0 •IF,'AT `AR7`TIME:-t PARCEL OiCRIBED'IK EXuiiIT `A' I5 USED FOP OTHER THAN PtZL1C BEACH ACCSS PURPOSES,'THE PMC'_ SHALL AUTOMAT/CALL"( REYERT TO fl?JUcrOG:: TO HAVE AND TO HOLD THE SME together with all and singular the aopurtenanca3 thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of CRAI(TOR; either in law or equity, to the only proper use, benefit and behoof of GRANTEE forever. • Ill XIT7tE.5 6P.iMEDF, CORAL RIDGE-MLLIE PROPS;IS, INC., a Florida • corporation, has signed and sealed these presents the day and year firs: above written. Signed, sealed and delivered in the preserve of: ORAL RIDD&/&E-�..1'LLIyc Pr''` ' • Ross P. Ob ey, Presider /^'�y{.- Louts 'i Woes s'eo, Asst;-S '. SATE OF FLO -OA 5--T Q tmcr' OF CO' LI-, ) � ---S- I HERESY rTI 4o - an l-ficer duly authorized in C w4, the State afo d t'- y. id ,to take acknowled tints, .. t personally ap. d OSP. , -sid r}t la' Coral Ridge-Collier CD • Properties, ., ' n •sem the •n esc#ibed in are who executed MI - the foreaoi • i .str.o nt an. he ac ,•ileo .. 6 fled me that h executed tie - sane. -- `. A,.1 Cxs WITNESS m and official seal lImo. -y and State last af,:eea d. this 13th day '•' 1, 1582. __�_ L. __,_____ — Notary uottc - o . My Coxsis5ion Expires: `a - . V 00 t.1ACY FuLK r.Ai :_:o.Az:.V141,. MT C.'...KNISSIL M./SS I+.•'v.20 I9Ds [v.^7/CLv int::C:$ESAL ltd.LVCVM9,1 A I I • _..taIVDA ITtivi~ • Nov I 7,0 C } P YgL7 :i.ty RECORDER'S MEMO: Legibility rr:u L t• ,,, .. '• i • • of writing, typing or printinH i unsatisfactory in this document i _1 when received. r"ase i of -. y _. t 0009Bs 0018s6 OR BOOK PAGE DEC_ARATION OF RESTRICTIONS AKD PROTECTIVE COVENANTS FOR A PORTION OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 2b EAST, COLLIER COUK1'Y. FLORIDA This Declaration of Restrictions and Protective Covenants made this 73th day of April, 198.2, by CORAL RIDGE-COL IER PROPERTIES, INC., a Florida corporatien. kITKCSSETH . • WHEREAS, CORAL RIDGE-COLLIER .PROPERTIES, INC., a Florida corporation, presently having its principal place of business in Collier County, Florida, the record owner of the PUBLIC BEACH ACCESS SITE as described 1n ARTICLE I cf this Declaration, desires to create a quality -development with restrictions, covenants. servitudes, impositions, easements, charges and liens as for set forth the preservation of the properte values of the OWNERS therein. KO1t, THEREFORE, CORAL RIDGE-COLLIER PROPERTIES, INC. declares that PUBLIC BEACH ACCESS SIte or any portion thereof as described in ARTICLE r cf this Declaration shall be held, 'r a`,se conveyed and occ;Tied subject to the restrictions, cower, sA ( ,tical, easements, charges and {. l ! liens hereinafter set .;` ; l The real pro subJect to this De. *'•T_ N OF RESTRIC710't5 ARC PROTECTIVE COY= ' T$ t.'tst real property desc. bed n Exhibit 'A', .a hereto and made pal .erto . vet-acted ecce-, 4Co The fellow : ... mei. aiings Oec— ❑ i7i iT have te fellrx na 1. 'PUBLIC H ACCESS SITE' sh. • aW Se`:iait SZ. Torn fen to a Po ic^ re .P South, Ranee ZS E_ 3 w urty, Florida, as co ati particularly desk . ..t-Mbit 'A', attache and made a part hereof. 2. `DG`c''.4ARi,NT' end refsRIDGE-COLLIERa� I9[C., a fieri da color t PROPERTIES, in Collier County, Flori u e `s principal place of business .. rights under this Declaration, --� assigns of any or tai of it B. 'OWNER' shall mean and Yefer tc every •� entities who arethe record perm or persons or entity or eece owner of a fee interest in PUBLIC EEACe ACCESS SITE, their heirs. suczessa -s, ]oval representatives or assigns. ARTICLE II GENERAL RESTR1CTIOXS 1. USE RESTRICTIONS. a.) PRBLIC REACH AC .S AC. SITEE may only be used for the operation of a __ public beach access site aattendant facilities. incie'ling but not lMmi` ' - ' ITEm E= to such facilities as Parting. beach recreation, nature trails, Obse 'a:i J� amid • areas, dune walkovers, beach sun shelters. restraoms, and beach equ paeftQ. storage_ i b.) That NOV " "- Z;-•-1 i portion o' PUBLIC sEAci ACS$ SITE as more `i - ` _:v;s4 ly — described an Exhibit.'C', attached hereto and made a part f,5t) la 0 ... used for only passive recti hereof, shap7T b raikavars. "bech 'sur. she2> Sai purposes,Alrtludlry brrt.not limited tb dural_ _ Provided, however. public +'- 'r'estrooas, ,end 'beech equipment ',stol e. r P, p i shall not he`a permitted use i n that poi .ion 7, I of LS,IC BEACH ACCESS SITE f is more particularly described on Exhibit ,. _ RECORDER'S MEMO: Legibility of writing, typing or printiwi,: !7.HE?irr� t [T ii R • unsatisfactory in this document °0.- ' •when z when received. 1 t= - � _ 8 A OR BOOK PAGE • outgo of one-hundred twenty (120) parking spaces for the purposes of pubirs beech a~_:ess. OWNER shall be resecnsible for the operatics and reinteran_e of said parkin spaces. There shall be no overnight parting permittee in PUBLIC B£;,E}t ACC2Se SITE. b. PLANS. SPECIFICATIONS AND LOCATIONS OF STRUCTURES. a.) No structure or facility shall be commenced, erected, improved or altered, nor shall any grading, excavation, tree removal or change of exterior Color or other work which in any ray alters the exterior appearance of any • structure or facility be undertaken without the prior written approval of DECLARANT. h_) Oitlts? shall, prior to the cancement of any construction in PUBLIC BEACH ACCESS SITE. submit in sequence to DECLARANT the following materials: (i) a `preliminary concept' plan which shall include schesatic site plans, floor plans and exterior elevations; (ii) 'design proposals' which shall it=lode more detailed building and site design documents sufficient and definitive in detail sa that there can be determined the character, exterior appearance, exterior materials and colo s, end the quality and kind of - building and landscape materials proposed; and (iii) `construction plans and specification' which shall be a true extension of the preliminary concept plans and design proposals. OEEC'LARA1i" shall. in writing. after receipt of each required submittal, aooreve. approve ubeeet- required changes, or reject such plans, proposals and spec' -. • .s a;-- Art submitted to it as required above. Failure to obtain ..u' P..6r ' of all s'ece plans, proposals and specific ti or to t - tent of any constriction shalt be deed a q eeRWe breach hereof and 1-C r shall then have the right, in addition t a per right permitted by aw o, in equity, to proceed in the courts . ca . •.atory injun elo re, firing any construction done without sa ,,d it a.rovar e. •e torn d.wn removed forthwith at OWNER'S expense. f ty c.) The approval, rej cti. ling -p "7 .y ClsvtA4T t� i I,. ; cf the plans. proposals a. so • •�n .ice: ., all st tures, and ever alteration of a fie. tom• t• .stru c 1....s eted as O a representation or deters ha ,o DE 4• r - ?"'any,-.,' i l ing, _ electri cal code or other ..-.Ie gover neental re i atlon. or iremrents •. . have cr have not been prope ' t by the OWNER. C. i sh 11 eponsibie ler cetainirg all necessary a oh *.cal data and to er" ` -.pi ;lei n tc and a-"� obtain tee approval of Collie View ty, Pelican Bay mean '-. 4t tract and `�' - t� other--appropriate governue "a(1 odes prior to came cf agy*week e=a or construction_ .« d_) DECLARANT shall have no o'., a ott ,b i�t � liability tc anyGI OwNE; or to any of er person rrhassoever' .leg t the exercise of its • rights or the failure to exercise its rights. DECLARANT may reject plans, 1),...a proposals and specifications based on any grounds or reason whatsoever. tall irr iuding purely aesthetic grounds. in its sole and absolute discretion. — DEE: ARANT'S decision to approve. reject or withhold its approval cf such work F"'' may, in the sole exerciso of its discretion, be based upon: (i) the harmony • of its exterior design, color and location in relation to, and its effect upon, surrounding strueeures, vegetation, topography, and the overall ce e.nity design. (ii) the character of the exterior materials, (iii) the planned quality of the exterior workmanship. (iv) DECLARANT'S design and construction standards, (v) the General Development Plan, or (vi) any other material and relevant factors. - 7. e.:iERIOR COLORS AND NATE IALS. No exterior colors or materials on any structure or facility shall to permitted that, in the sole judgment cf DECLARANT, would be inharmonious or discordant or incongruous with the Pelican Bay cammrnity or the PUBLIC BEACH AC S SITE. Any future exterior celcr or material changes desired by OWNER must be first approved by DECLARANT In writing. c3. P.iS. n".. ^ • r - No cats dogs or other de esti_ated animals shall be p ra.;t a�ot ii •the C PUBLIC BEACH ACCESS SITE. I O. L '.s. � • - ..4.-S t t RECORDER'S MEMO: Legibility of writing, typing or frrintirtg 1 7i 1 ; unsatisfactory in this document '"�`Ui'" V r-~ when received. s V . • 8A - 00Q3 0J 1 8 3 t OR BOOK PAuc c.) No--building, structure, facility-dr other i-provement shall be placed . ill, in PUBLIC BEEAwrli ACC= SITE unless and until declarant has issued it: prior written approval. tic food or drink concessions shall be permitted without DEC ARANT'S prior written approval. d.) Vehicular access to tho parking lot at PUBLIC BEACH ACCESS SITE shall S- single exit Beach Read 862) without DE.LARANT'S prior approval of Vanderbilt plan by Own g for additional access. e.) All facilities, parting lots and transportation systems serving PUBLIC BEACH ACC:.SS SITE shall only be open and ac.ei leer�sunse*_the public during daylight hours and shall close wi thi n one (1) hour nighttiaee uses shall be prohibited by OWNER except with the prior. written approval of DECLARANT. f.) OWNER shall provide water managementareas for the PUBLIC BEACH ACCESS SITE in accordance with the requirements of Pelican Bay Tmnreve.'aeft District (P.5"I_0.). Surface water drainage and management, including but not I-leiter:I to storm water storage capacity, conformoverall ter management requirements of PB.I D and meetwh toapproval of D_uAKT. 2. BUILDING SEETS= LINES. SIZE OF BUILDING, SITE RESTRICTIONS AND 8U TID IRG HEIGHT. _ Co�t,�7 a1 a.) The ein' • ,. o. �. `roctures or parzinc areas shall be forty (40) •- the southern p ne and twenty (20) feet from the northern • -. ..ern property lines. r' i b.) Bo buil.i . .r faci • • P - IC BEA i A SS S17: shall exceed 1000 square fee per str ctu a _i•xd structures snail be ` f cue-calf 1/2) sa o1!!)e.: ire b �i ss� hon twenty (2O) fed:. h„ 1rany , sh ' p ted twenty (20) feet in PellCD h•) f ` .. -- -411111 Neigh: aCo risked grade of the•;`e. 7" _. LANDSCA k ....., . CM . -- a.) - All get `ion in PUBLIC PEA : -CGS SITE shall be left in its native state. eyy when re=oval of -ac etation is necessary, a plan my for such rsoora r shall '_+- - d to DECLR.AHT for its prior, my written approval. 11 I_ C I. - b.) All reasonable efforts s i be taken to retain the native vegetation e—x's in areas surrounding all structures, walkways, facilities or paved areas placed in PUBLIC BEACH ACCESS SITE. However, in those areas, other than paved O areas, where the native vegetation is removed, OWNER shall replace and maintain such areas as landscaped areas. All landscaping shall, as closely as passible. approximate the native vegetation in the surrounding arra. All - landscaping shall be accomplished in accordance with a plan approved by DECLARAlfT. c.) Prior to making any change, variation, or deviation from the approved i master landscape plan, OWNER shall first obtain DECLARANT'S written approval cf the change, variation or deviation. 4. VANDEsRBILT BEACH ROAD RIGHT-OF-WAY As required by Section 13.3(C) of the Pelican Ray PUD Ordinance, KITS _::tie _,.,. __- . northern seventeen and one-half (17-1/2) feet of PUBLIC BEACH ACCESS Sii r �' ;,p:-i adjoining Vanderbilt Beach Road (S.R. ko. 5-862) shall be reserved as ',,d. P---_ - right-af-way for the possible, eventual four-laning of Vanderbilt Beech eoadd'.a. by Collier County. Upon demand by DECLARANT, OWNER shall dedicate t:the `; 4 ;,n northern seventeen and one-half (17-112) feet to the appropriate gover mefnta: i;.;r;'; L -- agency as a public right-of-way. r?:--- -- — PARXIN6. - ` . DEL'IARAN shall d_velop a portion o'. P73LIC BEACH ACCESS SITE to provide a , ;1r^ d I ')Will " -- RECORDER'S MEMO: Legibility s L.j... ; of writing, typing or printin _cx: _ i 1 unsatisfactory in this document "=oy- " . when received. - ,^tt ,r'.Y.•rnr -..f.R- 7,1:t. ►t... 11n,.�.1. '�'•__ L"..�t1 -f O 96 & 00088 9 8 A OR BOOK PAGE • S. FACTORY $uI..T STrc'L'rtURES. - No structure or facility of any kind of chat is ca¢aonly ":town as 'factor built", 'modular', or `mobile home' y _ type construction snail be erected ir. - PUBLIC BEACH ACCESS SITE without the prior written permission cf DECLARANT 10. t1 DENRCLUW It IL.FTT LINES. All electric, telephone. gas and other utility lines most be installed • undereound, unless prohibited by law. 11. Ate i EX MS AND :Ui? LES. xo Outside antennas, antenna poles, antenna masts, electronic devices, antennas towers or citizen band (:3) or amateur band (ham) antennas shall be permitted except as approved by DECLARANT in writing. A flagpole(s) for • display of the flag(s) of the Ilnit States_of Ataerica, State of Florida or Collier County, Florida and such Other flag(s) as are first approved in writing by DECLARANT shall be permitted. Provided, however, the design and lccation of the flagpole(s) nust be first approved in writing by DECC;• A)I , An a;.proved flagpole shell not be used ae an antenna. 12. TEXPORAlY AND A=SSORY STRU'CTU+"irS. -__W No tents, trailer•: -.•41tts '} .nal vehicles (RV's) or t crary structures shall be i•7.A•` p; -ed, set-Lp cr remain overnicl,• unless their si` �e and •�• •cation in t AC _=S SITE hay �C + r. Fb3L�C BEACH •een approved by D_�. e writing. All oar a -nd trash o .ers in PUBLIC BE • AC SS SITE shall be placed and air.", • .u• i •• n •ntainers or sone other z. attractive o a ... •d b• ,D • r F pu' cses of this section, exposed ail dr or us, mi : to s,a11 not be consicered an O attractive opts I • •a , battl; :as iron s, sprinkler psis and oft r— such , s, nd laced 1n sly':-sc-eerted 7d • areas so he Ilse. shall not be r•sadfl` visibe. ' r-.a dilate landscaping shall be installed these facilities and,'—in in Oat _ W lK. AIR Cc7!(CfT R 0 ___ o All air condi: Cit •its shall be .e�li ad hidden so that they shall "'C! • not be readily Yisi :? i units way be Fe»:teed only4-2 upon the prior writte --------...1...„------ 1.—a+4i• rct Window air ccn_it` shall not be permitted. -.._____-- gn•no units H_ 15. SOLAR COLLECTORS- O . [-N.,_ Solar collectors shall only be pe mit ed at iccatiars and on structures as are first approved to writing by DE,._ARANT. 16. SIRI.S. No signs, freestanding or otherwise installed, shall he erected or . I • displayed in or on any land or structure, unless the plat ent, character, fora, size, lighting and time of placement of such sign be first approved in writing by DECLARANT. All signs rust also confer: with governmental codes and regulations and with any master design plans for signs established by DE LARAAR:. 17_ WALLS, FENCES, PAVING AND OTHER STRUCTURES. ',GEF4DA fT"'M It) • No walls, fe yes, shutter:, walks, boardwalks, decks, pavement1. structures shall be constructed in PUIBLIC BEACH A`^,.ti„ ntiltk s ry war, - r;-nn length, 'S SITE ural} is hetlj`}�;r 1,.e. ''S'`" ng type. design, capositicn, materials and locations shall her_ f irst ~ r• been approved in writing by DECLARANT. Any dispute as to heights i. h fin type, design, cocpasitian or material shall be. resolved by - "Fr '• v —"`� Hurricane and strrT shutters snail not be st¢, ;.` ' decision shall be final. ` `•-�_ ) the exterior of any structure or faci}Ity. No �/ i ' �v 1L'. _ r — RECORDER'S MEMO Legibility iE,171- > Of writing, typing or prinrinfr �U. ' �. ungatief ictory in this document .:7-,�4 cr -• " when received, `6•_._ •"'_ .,o r . -- - 1 6 0 : : v J w i 8 f i3 . OP, '00K r 4C� 18. LIGHTING. 0!a exterior lighting of PUBLIC BEACH AC'CE.S SITE shall be pe it`e wl"xset Dr-CLARANT'S prior written Prural ef a Tihtirg plan s:�i_.� by MOM. 19. Mi TJCANG CF PRE(IS 5. No refuse or unsightly objects shall be allowed to be placed or suffered to -remain in PUBLIC BEACH AC:MS- SIE_ A11 structures and facilities in PUBLIC BEACH ACCESS SITE shall be kept in good. safe. clean, nest and attractive condition, and all structures and facilities shall be aai:rtained in a finished and attractive condition. 20. ifATE MA t.MEXT AREAS. a.) No structure of arrr kind shall be csr•;t.ucted or erected, nor shall OWNER in any way change, alter. impede. revise or othereise Interfere with the - flaw and the ea1u1 of water, in any portion of any water manage mnt area reserved for, or intended by DECLARANT and the Pelican Bay t. rvvesent District (P.3.1.D.) to be reserved for drainage ways, sluiceways or for the adulation of rmoff waters, as reflected In any plat or inst.-mere of ' record without the specific written permission of D CL,RANT and P.3_1.D. b.) CraXER shall in no way deny or prevent ingress and egress to such water eanagewent areas_efere—pairiegn or landscape purposes by DECLARANT, P.3.I.D., Pelican ,3 Von, Inc. or any a~or•cp-iaie oover:r.e:stal age - tl -•a re �F ire any right of ingress and egress, and ea e- ,.drerefore are here s�1, rally reserved and crated. • c.) PPS .0 ie it ACES SITshall not - 1n_.eased in size, free within or outside , P I- BEACH • r.7 cc iT- witty t prior written consent of • • DECL.RRANT a_ P_ _I_• ar' icai Crain � a as n ;••� .- 'Y Ming n a y water or re*�::ticr, and zg- _ i it a •.e.r '1 t P. 1, dike, rip-rap, block, diver or ha. a s' i� :.fin ion la.: drainage areas teat( rt''j habeen r a c. :e b e I InstanceEw- ..+,e grant, ssiwithhold nyi its e ^sion or apor:•val in any W liability of - lure or kindn to CNN r��e' ether red' red r;'. _. any p perScr. for any reason whatsoever, an /f7ry emission or approra try shall be binding upon all O persons.• (� ♦ -------- _ . .----,os �' °'d T j 1 E CAi1 .,�.�i �' GENERAL PROVISIONS tree C7 I. RESERVED R!;siTS_ W a.) DECLARANT reserves the right to conduct certain fill activities as - permitted to the U.S. Argy Carps of Engineers Pereit No. 7M-0232 (Xoveaber 18, 1981), as recorded in Official Records Boot; 966 . Page_ lgq through i. e. ( inclusive, of the Public Records of Collier County, Florida. b_) DECLARANT reserves the right to construct a one-hundred twenty (120) parkin space facility in PL3LIC BEACH ACCESS SITE, in satisfaction of Pelican Say PUD Ordinarr`c Section 13.5(0.) (Collier County Ordinance N . 77-18, as mended), including but not limited to such construction-related ac_iylties as J site preparation, paving, drainage. c:erbini and Iandscaain. c.) DE^..,ALPf reserves an Easement for itself and for the PE_ICAli .SAY • - IIIPROYE31XT DISTRICT (P.S.I.D.), its successors and assigns, to construct,,:w_ operate. maintain, repair ' C��C) "�i�i r;.plac_ or rebuild drainage structures and trate�r,� r ' and sewer utilities in. over, on and above the property, with the right cf`�', i� ` Ingress and egress. GRAMTCR or P.3.I.D. shall repair acrd/or replace aryyi rem which it may disturb, damage or destroy in the caret:uctiar., persti4n or f aintenarxa of said drainage structures and water and sewer utilities. �� - � y Nc. g'1C 1t: • - RECORDER'S MEMO: Legibility hilit�' -� _ T of writir. Yh or nti 9e ` DEC r. P, t in, rri .1. Z�i�, ► unsatisfactory in this document ' when received. 3 �.�- . .• 00096e 00i87i . OR BOOK PAGE d.) DECLARANT reserves an Easement for itself and far the PELICAN 3M " DKPROVE'tJtT DISTRICT (P.S.I.D.), its successors and assigns, for that parcel of land as acre particularly described in Eehibit.'-71‘7.• attached hereto and sada a part hereof, for the operation end Maintenance of water eanaaemert purposes.2. P5tMITS CIItNER shall cooperate and assist DECLARANT. including beceeing a joint applicant. in any permit application to may governmental bodies for the - purposes of facilitating public beach access. 3. kIENtKENT. DECLARANT may. in its sole discretion, modify, amend, waive or add to this Declaration or any part thereof. The power of amendment, however. shall be limited to codification or enlargement of existing covenants which shall not substantially i_pair the general and uniforms plan of develec=ent originally set forth herein. 4. WAIVER. Any waiver by DECLARANT of an Isya";+_ this Declaration or breach hereof must be in writing and s y t ::'tat(:)t bg ,eest vied as a waiver of any other provision or Subse V/1 j 5. DECLARATION AUKS WITH 4w. ,_ t The covenants, co ;tic, , restric ' ,,.* other p vis,•ns under this Declaration shall run 'th he the - AC<,ESS SITE_ It is D.0 - YT' `ate, o b v •1,• p 'er':y thi =serve SEAnnd ;-atect the natural sou . + t conserve and . c .�:LIC BEACH AZC"cs.S SITE for the benefit of •rev.nt- arca 7 • n. .f the al prcperty (:::)- '' encumbered herein_ e . ese of is De arati -a aLas and It is CI) DECLARANT'S intent to r i- =se. _. t �ttto 0) claration be Perpetual. .PCS . • 6. RI Gn7 OF FIRST R=. ',01.:iJ..N tam ~ .P If at any tiro OWNER , . fer to sell lease, y At • rt, exchange or otherwise convey an .ire*- . . PU5kIC _PEAC}! .ACC= • , q i o thereof, to anyor any portion + person cr , • ER sh_' ctIfy D,CiARAYT Sr writing of the proposed trans ice.' `} rias the r'gnY wit n CD sixty (50) days to accept the `,.e t h_ .p .? transaction in its oe, name for the grass purchase price ariar-iiia the terms specified in said a--. transaction. If DECLARANT shall not so elect within the said period, OWIEE tare hay then sell or convey PUBLIC BEACHACCESS SITE to buyer, provided the said (=a transaction is on the same terms and conditions and for the price set forth in x" the proposed transaction sent to DECLARANT. 7. L<GISLAT IDII_ / OWNER shall not apply for dredge or fill permits in PUBLIC BEACH ACCESS • SITE from any gcver=ental bodies, regardless of any future amendments to the • statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or the State of Florida. without the prior written consent of DECLARANT, which consent may be withheld in the sole and absolute discretion of DEL':JtRAKT. 8. ENFORCEMENT AND A'SIMEN . • a.) DECLARANT reserves unto itself the rig„tt. , and the power, (i) enforce the covenants. conditions, restrictions, arra other provisions of this Declaration, and (11) to delegate or assign, either exclusively or nen-exclusively, any or all ci Its rights, powers, defies or privileges to any . person or entity. DECLARANT shall be under no obligation to delegate or OA ITEM • assign any of its rights, powers, duties and privileges contained in this Declaration to any person or entity. b-) DECLARANT shall have the fah' ant the power tc power l•`txir7'' $' ' covenants, :onditions, restrictions and o::ter arotiisior.� loco by tni< -1_,c'c' •ECORUElt'S MEMO: Le ibi)ity } writing, typing or printing SCHEDULE �t-r OL'! ' Ffactory in this document %mgt 6 of�! received, ,,_ . Lt 8• r L rt1n- o0 Jai 1 6f 7 OR COOK PAGE • Declaration by any proceeding at law or in equity against any person viola'lrrs or attrapting to violate any such provisions, to restrain enc vlc1at1on or attempted violation of such provisions', to require specific performance of ' such provisions. to river (images for violations of such pr-ori sloes. Failure by DECLARANT to enforce any of such provisions shall in no event be deemed a waiver of their right to do So thereafter. 4_ SEEYr ASil.2i7. If any section, subsection. sen'.erce, clause, phrase or portion of this 3'ilara_ion is. for any reason, held invalid or urconstit:rtional by any court of competent jurisdictior., such portion shall be deed a separate, distiott and independent provision and shall not affect the validity of the rdsainirng portion thereof. IN VI77LS5 YHEREDF, r„E)'RAL ?IDLE-COLLIER PROPERTIES, LyC_. a Florida corporation. does hereby exnRecute this DE .ARATI0N OF RE ICTIrwS MD PROTECTIVE COYEItAKib in its nave by its undersigned, authorized officers and affixes its corporate seal hereto, the day and year first above written. f``I�li�S: -•«. CvRAL RID LLtiR D 1-Te‘':, om., ice•: 1 --- � / R ,.�_ •oAN, a ey, res• .�,'r 4111" nil.•,!. ,� / .G_...o 148.-S ti. - .:. - e tact, ASst.,,�� •w «7.Au STATE OF FLDRI ) _ CZ/WIT OF C3LLIZ ) The foregoing insC•nr. f �as , adr;;.Asr-il. 'ME, by Ro-S"F. - c+4 'ed : - a r�.s 1pli. day ai IHC., a Florida co lira ion, on beha of of• thejIon L' eA"PFRTI ,. G •^cora ion lam'! V. _ .-____._ ` tinter i o��• ,� �1 rh • • 11 j ( 1\ M=CGKiu1sSE3V Cr.nriray W5S 47 -' •.-.—_—` rCKNZ:KW a`.eTZ1.4 06.LANCE twl.1:Ea L I • pr 0 RcOtiDEii s MrMo: 1_ ;bit; 1OtC +,Yof writingt nl Or �.�p printing / unsatisfactory in this document Page aj - — - - when receives, ---- _ 0009666 001873 • OR BOOK PAGE LFGAf.. DESCF•IPTiOlf * . All that part of Section 22, Township E8 South, Range 25 East, Collier County Florida, being described as follows; Cosm•=ing at the southeast corner of Section 32, Township 48 South, Range 25 East, Ca3Tter County, Florida; :1...me along the east line of said tion 32, North 430-38'-50` lest 3437.36 feet to the so t'r_ri .aiy-gf-� 'ne of State Road S-8E2 (Vanderbilt Beach Road); ..I\ \--- trer=e along said right-of %6 1 ` •'•• EA2 est 1132-38 feet to t.tm POINT OF BEGINNING of . el herein descrl• —ther=e South 90-51' „ s, feet. thence north 800 2'--' ,' 7 . ..� : to t' S to of Florida _ Depart errt of Ma ral Resource Co . 7 Cor. tructia Cortt:vl line {per revised map of re•orf ' ' • t-.unt Florida); thence continue N•r:h :•• ' •7 o les to the Rear. ( - Nigh Water Line - f of • -“ -, thence northrest_.7 to a ' ,J� ii' ter LS <^4t wore or less O ' in on{Vanderbilt Beach s.a a �way '` t to Ram S-ae2 ther:,-e along said t.g�r'-cf-,ray line South •i--08' 20' � 200 feet more or less to the s i ,ir.rida Depa,-teen. a •r-.)C'`R sources Coastal '. Construction Control .P I' thence con-time along ! •utherly richt-of-;ray , net f said State-A-617. '- S-852, South 800-08'-2• 6-. :10_Q0 feet to of Beginning of the parcel herein des.::-1• ••CI 1 iZ� �% -- • suLett to easessents and rest-fiction • ;c. ....------ p.--ii mss . O cat • • • P � © 17:44 rPti ii a AGENDA ' .�iQ, J ITEM, l 8 RECORDER'S MEMO: bi! aF+Is. DEC 1 ? ': Ixa rR . _ Of writing Yrn 'ige ? of ; = unsatisfactory irnth;sraorintin. — - when received, document •1 M.. 1'.car!...-w•.r+....w•�....._�.yw•r.. �. .....—. . ... r .:... w T ... ..1t'.. . „, ., ^ . . e,,,,_,.._ u, ,n ...:r--.•dim.,,..-a....... • ...une+r-h+n.±�r•Nor.ta'-ra7a.r.**w,..• ►. . .7.:-.......- ____.-..rrry ^ T t 8A OR BOOK PAGE • L:a"AL DESIitIFI IOk i,n .- •• All that part of Section 32, Township 48 Soot:, Range 25 East, Collier County, Florida. being described as follows; - Cosencing at the southeast corner of Section 32, To rnship 48 South, Range 25 East, Collier County, Florida: '• thence along the east line of said Section 32, North 000-38`-50• vest '• 3437_06 feet to the southerly right-of-say line of State Road S-652 (Yasderbilt Beach Road) ` theme along said right-of-only line North 800-08'-20' 'West 1571.11 feet to the PMIXT OF BEiIK IKS of the easenent hc.'ein described.; . thence South 030-51'-38' Es i 1.; te ;(•-_r r`�,,� there South 090-19'-47 ` ;c t1/} ` thence South 04°-Z9'--;' Ea .90 feet; ' Y therxe South 13°-18' YL'-.. 16.92 feet; 4t--\\\\ thence Korth 8150-08' 26 st 165.27 feet; • thence Korth 04°-3 -35' E s- _ feet; _ thence Korth 08a-5 '_0r - • • i4 feet • thence Korth 090 9'-1'' Hest 8.9 ° _t, t?erce Korth 380- 5'-• (.0 ' ' thence Korth 09.0- 1'- • es -t t therCe North 64a 15' eSt - therce Korth 220 _ J +.,, thence port.•!: Ola- 7,j,_p0 t 40. ee, y y.� the+xe North tie- : Hest 31.78 feet- //// • - i.' thence Korth 600- 27.=2,” E_st '13.49 feet �' ,-the so vnir,y r',9-ht-af-w y C.J line of. said State -2S2; :""1 _._. .4=6.te . thence along said -,ray line South 8 0 east 171.9; feet !FI__--. to the Point of Begin (c the easeoer.t herein *rd; ',c=>ect to easements and rest. Fi os '\ Ca �; 1II: CI�Z � . rc V • , £1 SI .-ice 'jfN O. 11.). .....a.,._ ,I.iJ ;'J -Cr � r. Y N No. /f =,_ , --,,c; . E.CNIBIT 'B" -•' i ,------ � :rte Page 1 of 1. DEC ��u� RECORDER'S MEMO: Legibility of writing, typing or printiflt•, i c.. i 1 unsatisfactory in this document i ' ". when received. -' f OR BOOK PAGE 1-SAL' OESMIPTlON All that part of Section 32, Township 48 South, Range 25 East, Collier County, - Florida, being described as follows; comencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; tierce along the east line of said Section 32, North 000-38'-50' West 3437.06 feet to the souther?y right-of-way line of State Road S-862 (Vanderbilt Beach Road); Vence along said right-of-way line North 800-03'-20' West 1842.02 feet to the POINT OF BEGINNING of the parcel herein described; theme South 600-32'-Z3' Vest 33.49,... --",----;;;T:-.----..„�/� theme South 220-19'-00' East 3 • €t ` - t_heis a South ^ula-27`-30 lies` f�l• . theme South 220-00'-30" E t%_ • feet; r theme e South 6640-15'-40' II.) P.00 feet; J' thence South L'c0-51'-10' E0.25 feet; - thence South 380-l5'-2 Ea-. • ee - lhence South 050-49'-lt' E. . • t; theme South 080-�5'-i 0' ° st 6:04yf theme South 040-33'-*5' , thence north 800-0:'-2 est 75 I•• t• t y.a o Florida 0epar`_eent of ?atur.l ..?s Co 1 - y ..rct1\ rt 1 Line (per 0 revised nor of record � •• - .t TTT��' •llier+Co•nt ;;41.rida); 70 ;' thence continue North : -1- We.,.. 00 =re" a V-t the Nean .. t - -_•,Hi oh Water Line of V. u of Mexico; •'P t%me northwesterly a ng' aid Mean Higti Yater 2 1 f re or less W 1-.- a to a point on the sal•al herIy right-cf-,ray 4 - Road 5-352 (Vanderbilt Beath Road); /r- ia - - there along said right-r, -v ne South 80c-0E'-Z , as 200 feet core • or less to the said Flo i' -.rent of \. - sources Coastal 0'd thenceuc_ion control Line; ....,...2; r �7(� 4, •'Sege continue along the sootherl4.h. -V,4►eJ' -4 of said State Road .r - 5-852, South 5L10-08'-20' East 100.3 .vet-Ito the Point of Seglcning of the pari herein described; c_rs • C'1 - subject to eseeents and restrictions of record; 00 i ' Di.=rrx� AGENDA IT^9 No- /.T _ DEC 1 1 2001 -_ EXNIBIT 'C' Pgj Paae 1 of 1. -- `__ E RECORDER'S MEMO- Legibility "`- -•' • of writing, typing or printing -`- ` unsatisfactory in this document when received. BA I I This Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 i�cseRvm� AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County") , WCI COMMUNITIES, INC., a Delaware corporation ('WCI'), and HMC OP BN LLC, t� a t/}4-m'ted liability company ("Host") . 1. Hack•ro •• �� `�(�J On or about •r 3, 1982, Coral Ridg - C llier Properties, Inc. ("Grantor") execut=d a • \ed a Quit-Claim ee (the 'Deed') by which Grantor conveyed o t - Cr. .. 8rtrie"paree,jef lan des ribed in Exhibit "A" attached hereto ( Be- h Acres ' S' ' - ) . Th- Deed as ecorded in Official Records Book 96., p +- t ds of Collier County, Florida. Pursu t hel e. o It ',-• I - Be ch Access Site was tw conveyed to and -cc-4• =• b t . C• b i ! t• ce tain restrictions, reservations an.( pr. . , ' 1- c. - =n -.set 1• h .a., he Deed, including 0 without limitati• ' e -stric .ns, erva tea• rotective covenants _ contained in the 93 laration of Restr tion= a d-, otective Covenants '` attached to the -s Exhibit 'A' t of ( eclaration' ), which W Declaration was re in Official Re • •s, B gid,.. 6, page 1866, in the .tea Public Records of Co1 1e County, Florida. Q1 / G7 On April 19, 20i" Pty f.ike aOtion in circuit court in .t, Collier County, Florida, � ",o1 i 'ou vs. WCI Communities, Inc., 4-1 Case No. 02-1562-CA (the "Lit'ig. ro ) --- ing a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the cry Deed, including without limitation the restrictions, reservations and O protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions") , and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . EXHIBIT "B" -1— 8 li. Amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage') on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appe nee--- ' , and in quality of materials and workmanship equal to or Vf *hr ' of the Ritz-Carlton Garage. The parties hereto ac u�g •- e. t Ip ' Parking Garage will exceed the building area "��7 footage) o -. 1h . 'tz-Carlton Garage, and nothing contained h r is ' hall be construed = - i.iting the building area of the County Par ng 'ara•e to an area equi -len- to that of the Ritz- Carlton Garage; h.wev-r, 'n no_ s - 1 the max um number of parking spaces exceed 35*. imu 'an-•usl with • e con=tru tion of the Parking Garage, the Co my - ' . . ' s =•1- -xp se, construct and maintain a trel is-.. - -•• c u e o �L 13r- o the Parking Garage t equal in qualit ani mil-r in a.. .�S •e•••• ra o the trellis on the toplevel of th, ,�i - rar •on G•r ( 8efo'- .o encing any construction O reating to the Pat' i • 0r-'- • _ •'. ty - �u` t to WCI, for WCI's :v approval, which --p oval shall not be nrea •na• ithheld, all plans, including the de-tn landscaping and tght ng „ the Parking Garage W and trellis. Wily a reasonable ti ?filer ipt of the County's41111. proposed plans fo a Parking Garage, COS4 review said plans and pti shall notify the Co writing of WCI'-ANN6 oval or disapproval of O said plans; if WCI di-.p To said pla I'- all notify the County of the reasons for such di-..414y1 `` rl\s .gest revisions to the plans olci which may lead the plans bcEeg•t• - to WCI_ WCI may not withhold •- _' consent to any proposed design pTarts bn the basis that the building area � of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided t,r the total number of parking spaces does nct exceed 350. F••-A. O 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown (Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. -2- 8A t` 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipts ba-obtained, or on the day telecopied provided that a receipt co 'i 1 $ transmission of the telecopy is retained by the sen .=• - -s= - h lows: In the case of tJ t V WCI to: / WCI Communities, c. • • Walde Cente Dri e .. ita Spri g , Florida 4134 At:.! . ivien astin. - ( Tele o.i9 8.77 With copy , •s t_..ver. I-E3^?Weissler, Alhadeff O t � & Sitterso P.A. ! ��I 401 East Jad }son ptr g / � Suite 2200 `3'z�ppTr�� ^. .0a �0- Tampa, Florida •'C'. Q> Attn: Lawrence J.{B in, Esq. p lephone: 8 4 2i 800 rd • 811/2 -5089 n .. � In the case of the County: Collier County tst Attn: Marla Ramsey, Director ir---6 Collier County Parks And Recreation t"' 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: _i__- With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8th F1 Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 -3- f3 11 In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect hat-so er in determining the rights or obligations of the par IllptelltargA or shall such headings be construed to alter or ' AO - lication of any provision of this Amendment. - =r in this 4 reference is made to a number of "days, " nh : otherwise provid— h reference to "days' shall mean calend- da. s. - 1 IN WITNESS HE' OF,' und= sig -• have = ec ted this Declaration as of the day a d y-a ' st - "ve i1111111116y itt-n. Two Witnesses: IT ES, INC., a laws. - or >tion O�ma .. "' '`P By J ,m Print Name: Walk • = .me: Print Name: 4110fir (. \ L" C) F—� tal ATTEST: DWIGHT E. BROCK,CLERK COLLIER COUNTY, a political subdivision cf the State of [V Florida By: , Deputy Clerk By: TOM HENNING, Chairman Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: -4- j,. 8A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by as of WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. • Printed Name: Notary Public Serial Number (if any) : My Commission Expires: (NOTARY SEAL1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by _ , as of HMC OP HNC LLC, a Delawar6r1}' d ty company, on behalf of the company. He/she i s�p�fc9 �.Jj o me or has produced as identification. 1 , - Print-7. ame: ( ( ( JL150 N• ar Pblic b-r -11f a y)E+ s: fff'^ O r (NOTAiii SEA ) 1 \w-re\36130\005\Amd 144,4p- I002.doc y1 / CA, 10;28:63 J T1 C'11ZL .4-1 6-41 w -5- _ .. ,...._ • .� 8 A ,� �, •--- - _ , .._ .-..x .45._. .,_.,.•. I ,P.► • a .. r _► .ti. �._ _ - OR BOCK { LEL 77:-.: 17i:Cif All that part ?: £ect'!ar. 7tunts i,» 3 Rige 2; ra T1C Cruz F:orda. ne!ag derxribet a:•fa r:ma; • ^omacir.g at the strathea t =rear of e: ne .. 7mxrt 4Z1 e .a~''.. Collier County. FF'iarida ' Y South, Ri a 1::±3,:=7. along eat': Nne of :aid Se.^.t`a.: 32. ?Ie-- -:8'.-SO" Cart u5 ria.t-of.-way the zsfState Rra:t Z-y (Vanderbilt !reach Raad}; tr7Cnce aZneg said ^;GE.'.-.• 1 '*7•1•-••13'.-Z3* i5:» 111:.2.3 fent :.".r Pear OF SE iP:'tU;S .tk8.L � }>. .bed; w z 50:3«.h • � Jest 2:3.,..)0, ' ;,(�,( tsczt ?!art. . d'-srr West 724.44 •'. t :.he State of DL:,'•1a r`=ent •f A :'11 `Lasa: $ A INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz-Carlton Hotel Company,LLC("RITZ-CARLTON")in favor of Collier County(the"County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County,Florida and more particularly described in Exhibit"A"attached hereto and made a part hereof(the "Property");and WHEREAS,the Property is currently used as a beach parking lot for the general public;and WHEREAS, the County and WCI Communities, Inc. ("WCI ), have reached an agreement whereby the County may build a two-story parking facility on the Property;and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet par ' L tial events held at the Ritz Carlton, Naples ("HOTEL");and ''R CO( WHEREAS, the County yr f . allow RITZ-C• ' use the parking garage under those certain terms and conditions me •rial . -. . .ttlement agreeme t ex uted by the County,HOST,RITZ- C.ARLTON and WCI: and WHEREAS. RITZ-C.. ' 'O ' .• . • •-7` •• I ty om any liability or claims that may arise out of their use of the Pr•,:,• as . , • • `• w. O NOW THEREFORE,\Iii •nsideration of and • co diti•n% the County allowing the use of the County's Property, and suet'. - good and valuab • •i•} , the sufficiency of which it is .p• hereby acknowledged,RITZ-C• ` agrees as follows: o Psi 1. RITZ-CARLTON wi Q • • etth. the County, its employees, appointed and elected officials, contractors, and vo .•, valid ndividuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, e_r. assertions of liabilities, losses,costs and expenses whatsoever, including but not limited to attorney's fees, ci+ by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair,of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees,licensees and other persons acting on its behalf. 3. RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 EXHIBIT "C" 1 8A 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County,which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. R1TZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form,and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: ' -CARLTON HOTEL COMPANY,LLC. \At R (a r31 v. limited liability company (Print Name: wk 1, Nab O ~ PoPcs (Print Name: Yr& _L1 '4=' C=. C'f ��(N If CI C- STATE OF v+ COUNTY rn The foregoing instrument was acknowledged before me,this of November,2003,by , as (positionkitle) of The Ritz- Carlton Hotel Company,L.L.C.,on behalf of said company,who is( )personally known to me or( )has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 8A ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A I I'hST: DWIGHT E.BROCK By: CLERK OF COURT TOM HENN IG,Chairman ,Deputy Clerk CO jam. CQ 0 .) nXC )1Vo Page 3 of 3 OR: 3460 PG: 1518 A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL DIVISION COI I-MR COUNTY, a political subdivision - of the State of Florida, PlaintifflCounterdefendant, Case No. 02-1562-CA v. WCI COMMUNITIES,INC., a Delaware corporation, Defendant/Counterclaimant. / STIPULATIO a 'aggt&swit 4 H PREJUDICE -O ' ?` It is hereby stipulated by n tween the undersigne• cou el for the respective parties that this action and all counterclai s dismis - • i► .reu 'ce wi, ea h party to bear their own costs f cep , „ and attorneys' fees. r` v C\\NN.,,,_____ `„ Ellen T. Chadwell 71 To`h�1�t1 des Florida Bar No.0983860 'Roll a Bar No. 332615 Office of the County Attorney Stearns Weaver Miller Weissler Harmon Turner Building Alhadeff&Sitterson, P.A. 3301 East Tamiami Trail, 8th Floor P. O.Box 3299 Naples,FL 34112 Tampa,FL 33601-3299 Telephone: (941)774-8400 Telephone: (813) 223-4800 Facsimile: (941)774-0225 Facsimile: (813) 894-6251 Counsel for Plaintiff/CounterDefendant Counsel for Defendant/Counterclaimant EXHIBIT "D" OR: 3460 PG: 1519 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this t day of November, 2003 by Ritz-Carlton Hotel Company,LLC("RITZ-CARLTON")in favor of Collier County(the"County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County,Florida and more particularly described in Exhibit"A"attached hereto and made a part hereof(the "Property");and WHEREAS,the Property is currently used as a beach parking lot for the general public;and WHEREAS, the County and WCI Communities, Inc. ("WCr'), have reached an agreement whereby the County may build a two-story parking facility on the Property;and WHEREAS, R1TZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet par: , s cial events held at the Ritz Carlton, Naples ("HOTEL"):and , i R Cp WHEREAS, the County . . allow RITZ-05,,Isl. use the parking garage under those certain terms and conditions me .ria d i • settlement agreem t exuted by the County,HOST,RITZ- CARLTON and WCI;and _ WHEREAS, RITZ-C . ) O' . .• • ,�� ' �� ty om any liability or claims that may arise out of their use of th. • .� as .� • NOW THEREFORE, ;:insideration of and~ a co diti the County allowing the use of the County's Property, and sue • •er good and valuate r�si ci' , the sufficiency of which it is hereby acknowledged, RITZ-C 6 agrees as follows. \->" 1. RITZ-CARLTON wihi •a , e the County,its employees,appointed and elected officials, contractors, and v�voMadt•S• • dividuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities,losses,costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity,which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction,design,or repair, or failure to repair,of the physical structure,grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees,licensees and other persons acting on its behalf. 3. R1TZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 8A - OR: 3460 PG: 1520 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County,which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and 1 Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: x ,-!: '.4 Z-CARLTON HOTEL COMPANY,LLC. Cr : t:vdr rioted liability company t ) ' s /--2 41 x-•-,-i --7- x•77 c mor ,... (Print Name: �M Cl-!i b`'1`1- iZ' tiiill�l�l► ,,, N.., T7p, 1./ e 17t.t,./.. , 4:_, : - ... • • �� �. Posih.n1T Executive Vice President & `r �"' � ...- Chief Financial Officer (Print Name.: i'-'1"..*-= n� ei-, [. C l --.- STATE OF a ' -,7 COUNTY 'h� L-"-AP-"z`rn .2 / The foregoing instrument was a knowledged befo me :this./`/fh of November,2003,byir+, v -.,/,9,-)ict'`.dt ; , as C ' � :I ` 1�' 9` (position/title) of The Ritz- Carlton Hotel Company, L.L.C.,on behalf said company, is )personally known to me or( )has produced as evidence of identification. 1 (SEAL) ujeti�i�i o.64 �K . 0 NOTARY PUBLIC dist ft*,, Name: sitsan T.PttPncn . e.� Vfts, My Commission Expires: b/, JO 7 No.fr c043.1*MAY . 2007 'f.' Page 2 of 3 •'Cs �Y 8A OR: 3464 PG: 1521 ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A I ft.ST:DWIGHT E.BROCK By: CLERK OF COURT TOM HENNING,Chairman ,Deputy Clerk Appro . as toif & le.al.8l SufflCtenr, .�.�,a s.. 'ssistant County Attorney - *row �yal sufficiency \ ,R COU T. Chadwell 0- '') n C71147 Sr /_--, / o I Page 3 of 3 8A Ask 0 a 0 9 6 6 0 0 1 8 T 3 lir OR BOOK PAGE LEGAL DESCLIPTIOIi * , All that part of Section 32, Township 48 South, Range 25 East, Carrier County, Florida, tieing described as €odors; _ Cmsceing at the soutt•east corner of Section 32, Township 48 South, Range 25 East.., Collier County. Florida; thence along the east line of •-5�s.i 32, North oc0_38'-50" yes: 3437.,15 feet to the saute ' -oat-eof State Road S-852 (Vanderbilt Beach Road); thence alone said right- /forth 8s• s: A est 1I33-38 feet to the POINT OF 8E31.VM E o= Ir reel herein descri• - • —tix=a, Sosrth So-51 -40' ..* feet- thence Horth 8 8' 2:_r - • - 724.43 to t. ate of Florida Depar'=ent of It .urn Resource• -as al Cor.:.-uct •i Co t-vl Line (per reviSE :hence continue rt :. ..� :_2 a ) 7••unt , Florida); High Water Line ...lf11 ° r i ss La the !dear. thence northwest r n.r ` ` O to pain: on t � n mate• 2 t t core or less a • the. { ►� (Vanderbilt Beach Rea• - -.lay"' ne ate Road S-3n2 thence along said jcg. -of-•ray line Soot: •+i•-a8 -? "c- t zC0 feet cora W or less to the �,�e`; 7"• ` " lar,da '�l`�?d7 t_fe is /t P50UTCES Coastal Fioz. •—w.��- C.onstruc:tan Centro L G1 thence c ^tine ala th utterly runt •- - S-86-2, South 800-,'l8'_ ant-of-4a in of said Siafe•�oac O- the parr i herein desert '' 70-0�_ O------ �f i;:_ of Seginair, of ...Cy subject to easzssents and restrictions ..."-N,_111-cSZ� +� • t,ro - N N RECORDER'S MEMO: Legibilityisrr ,,, of writing, typing or printing ` unsatisfactory in this document rose ' - when received. 8A ( ' OR: 3460 PG: 1523 This Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 euelem .AMENDMENT OP RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "CouLry"} -"Weel.._COMMUNITIES,, INC., a Delaware corporation ("WCI"), and 1}' ;$� TL4a 0- =ware limited liability company ("Host") . I. f� '4a}kgound r. o about April 13, 1982, ora Ridge - Collier Properties, Inc. ('Gra tor' acute 1' red a sit Claim Deed (the "Deed") by which ,Gras r 'nv^ e; t, - County the pa cel .f land described in Exhibit "A" atta hed h - -.h " T . Deed was recorded in Official Rec ds =o ., . ] f ub is Records of Collier County, Flo ida urs en •'o o thie D.ed, the Beach Access Site was con t. a •. a -p - the\ o my suhject to certain restrictions. rese vats••-.�n. •. • e.. co -' ., , forth in the Deed, including with t£� imitation the rest - tion., r ations and protective covenants conta in the Deciaratio. of Re ions and Protective Covenants attar the Deed as Ex 'A `eh-reto (the "Declaration"), which Declar� n was recorded in Of 'i ' j.cords Book 966, page 1666, in the Public bo of Collier Count ,eFlo ida. l� On Ap r -c• y filed an action in circuit court in Collier County, hdi ita(. t oilier County vs. WCI Communities, Inc., Case No, 02-1562-CA tigation") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation [he restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. MCI is the successor to all of Grantor's rights and interests in and Under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the county and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. 8A OR 3 ' all Z For and in consideration of the premises and o r. uable • consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is . hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. The parties here ---e that the County Parking Garage will exceed the buildin- + ( q('� j a age) of the Ritz-Carlton Garage, and nothing co, a,,,ir d• -- - -� nstrued as limiting the building area of the C"' i(e •nking Garage ,�r1 ea equivalent to that of the Ritz- Carato t- -e; however, in no e' ,ft hall the maximum number of parking space ext ed 350. Simultaneously with the construction of the Parking Gera. , ' Count - so, a i sole expense, construct and main ain a t 'e= -1' - struc ure on the top level of the Parking Garage equ:1 i • t na s ..- anc to that of the trellis on the top lev z .1111,e.r.,-1. Be re commencing any construction rel.tinr 4 th- Pr .in- In Count shall submit to WCI, for WCI's app g�oat hi. . o a , all `.t be war asonably withheld, all plans, inc Ltd.n- 09" d- •-•, •-• cap'-•: n. ,:ii. hting, for the Parking Garage and ti; lis. Within a r =onab a after receipt of the County's prop -lens for the Park G rae,-; CI shall review said plans and shall y the County in` , .t' CI's approval or disapproval of said p sa if WCI disapproves '. (17. s, WCI shall notify the County of the rea n- such disapprove Ppd : all suggest revisions to the plans which \\t ' - plans t. d.•table to WCI. WCI may not withhold consent to ny Or aa-• -'�n s on the basis that the building area of the Parkin. -r .$ •M-. at of the Ritz-Carlton Garage, provided the total number o g spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which nave been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges SA 011: 3460 PG: 1525 and agrees that neither WCI nor any employee or agent of WCI has made any • representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental . approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 9. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the cas WCI to- /kVA CO ommunities, Inc. alden Center Drive (-P\e' 6 .rings, Florida 34134 Attn. ‘ 'en Hastings Teleph ne: 39/498-8213 lecop er: 35/498-8277 W. • •- -„ ea r, Miller, Weissler, Alhadeff ' .r n, A. ) �l ack;on Street Tame- 1 }yid 33602 •Attn: La a 3. Bailin, Esq. e % 1ep or ,,) 13/223-4800 ije ,a e o 813/222-5089 I t ase of thet 1, County t aria Ramsey, Director l L 1e3'?ier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: _/_- With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8`h Fl Naples, FI. 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP HN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 8A OR: 3460 PG: 1526 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the reed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days' shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses! WCI COMMUNITI S, ;>11C.,a'. Delaware co-•-orationnnI 24) { `✓( By: � t � ‘1. Pint �/T(r t'SC-in Prn.�} / f • !Aroximil Auk i. et -'- r AT EST D IGH E RO, , fOLLiER COUNTY, a political bd vision of the State of for da By: .T, , Deputy e' t� � "`✓✓✓ TOM HENN_NO, Chairman TwotnesstjT (Y7 HMC OP BN LLC, a Delaware limited 1 ✓ liability company By: Print Name: Print Name: Its: Print Name: hpp �+e/n�toors as fle �1 sufficiency iC As=. County Attorney Chadwell OR: 3460 PG: 1527 8 A STATE OF FLORIDA COUNTY OF O'2 ER The foregoing instrument was acknowledged before me this ?"Ch day of klWaLLV t1, 2003, by Uc i' . 2,. , as ,DE.�Uof WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. lia/she is personally known to me or has produced as identification. Pri ted Name;./ l -ter\ 3 EEccCc1 Notary Public Serial Number (if any) : U Icie t c., My Commission Expires: (NOTARY SEAL) KAl1EH J.G000N • * NotaryPubUc.StE•of Rwlds STATE OF FLORIDA s- W gym.eap4es Uaich 9.2007 Comm.No.MM91011 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of INC OP SNC LLC, imited liability company, on behalf of the company. a nnaily known to me or has produced � as identification. NJ Pr'rte Name: Not,ry ublic 1 Lumber (if any) : 0 $ T;. mi sion Expires: ,n I:\wir..o\costAmod o\castAmd Rescov-Wc!062. ao/zs/ !CI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 8A OR: 3460 PG: 1528 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. S. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain.in full force . and effect. In the event of any conflict between •the'provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supersede, govern and control. All capitalised terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and 'they' are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days,' unless otherwise provided, such reference 'to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI-S, C. Delaware co-,orat?on Print N- , +v' i►�T�!•. � � ���� Pr n•Q��-��_ moi-_ ..f. .i. Ogg( I ,fit • jut 1.e: St. t, . .. . J_ k . (----, ATTEST: DWIGHT E. BROCK,C Ta lir)e7 � ';C l By: • lL , Deputy Qe . \ By: 'i' .L TOM HENNING, 4.: Z Two Witnesses: (V _ A��� C M D 'waare limited (11.40-1A‘'6/ ��`�� /J[ By: *01 l�+W�y"'6/ Print,$ame: + .' i' 415 G.i'N Print Name: v&4R.o W /bly,) its: Alta [i ,01- /� Print Name: lY Z Iii_c:. v a ] _. .. VC LEGAL Fax:239-498-8277 Nov 19 2003 15:11 P. n a _ *** OR: 3460 PG: 1529 *** STATE OF FLORIDA Lc-k- COUNTY OF eemaeR th The Oregoiag instrument was �7acknowledged before me this day of , 2.003, by � ' , as Of WCI 'COMMUNITIES, INC., a Delaware corporation,, on behalf of the corporation. jjefahe is personally knQy to me or has produced as identification. iltAA— Prited Name st_s ch Notary Public • - Serial Number (if any): 1J)R((! .- My Commission Expires: (ROTARY SEAL) -• I1R J.000Qi An:L ►; Notaryfteksameanamr STATE OF FLORIDA f:L. My mWeb S.200T Co m.Ma00191830 COUNTY OF COLLIER The foregoing instrument was owledged before the th1iis rift, day of Na ,mf�'r. 2003, by Ct(1 t!' Trio. f-�r4) , as Vice eSvt,Ell- of . INC OP B C LLC, a Delaware limit d liab " • cam on behalf of the company. He/she is personally ••oki+ o(. . n0i has produced •tification. C, - ALIT. Na.”_ ., _ f� ' Not-ry .li ( M C101111111110 : 17- ' . . . } A. 6• 1� I<\v•rs\3b190\065\ducat AesCov-WC1002-do-`,.� NOTARY PUBLIC TE RY D ._ 1=/as/oa My Commission s pri! CE ea ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE $1,472 in savings inside , gA Nitpirs Oait Sunday,September 18,201$1$2.00 PART OF THE USA TODAY NETWORK Ready for a fun day on the Gulf? First you have to get there, and that's no easy journey i i -- ► , _ r 4.' i f ,,.. i .j , t ,LAr:J i'7'; j Fab '', ::� QIC'��� A lei lir' to - _ 0 — — BEAC ACH OUT OF REACH JUNE FLETCHER JUNE.FLETCHERONaPLESNEWS.COM,239-263-4775 ohn 141inard,80,likes to walk or swim at the beach every day. But lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money dents coming to the region's premier attraction, the parking lots are getting too full,he said. to live along "The last two years,it's been horrible,"he said. the beach. "Lots get full by 8 a.m.in season,but even in Au- And once gust,they're filling up by 10:30 a.m." they're there, Moreover,some of the parking spots he used to they want it use near ClamPass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long way itis." gone,making some of his beach access points in- accessible — and creating choke points at MARK STRAIN :NunMnN or co-ale, :CUNT,Y...NNtN6 (( See ACCESS,Page 6A :iMM1590N 4..__ r- BONITA / ESTERO / NAPLES MONDAY, SEPTEMBER 19,2016 GTHEr1THE,..1THE NEWs. `_..., PARTOF THE USA TODAY NETWORK CAMPAIGN CONTRIBUTIONS,LOBBYING RECREATION Lawmakers received cash from `; .' ;` �o drugmakers r t J ., LAST TRAM ` If - J Opioid makers,advocates spent .t ..' PICKUP J t FRCM . $3.8M in Florida over past decade .a , E • t . TAMARA LUSH AND MIKE SCHNEIDER i � t r l ASSOCIATED.PISS - - . — _TS •TAMPA-A joint investigation by , �+ ,I The Associated Press and the Center . a. for Public Integrity found that drug. _ - makers that produce opioid pinning ;,�jj l ers,and allied advocacy groups,spent 7 more than 53.8 million on campaign _ ,. °'u contributions and lobbying over the After Florida past decade in Florida as they worked _ lawmakers to influence state and federal policies. rayon e3IXNEISFwaarsSrevs SEWS adopted The groups have an array of political Beachgoers wait in line for tram service at the Clam Pass Park beach octets point in Naples. so-called interests that include opioid advocacy, abuse-deter• and their spending was eight times rent legisla- that of the gun lobby during the same tion this year, purledBeach out of reach Gov.Rkk The investigation comes as the S!aMtsJprted_; number of overdose deaths from pre- ' it into law. scription painkillers has soared, Scott received claiming the lives of 165,000 people in 51o,o00 from the U.S.since 2000. Reporters ana- opioid mane. lyzed campaign finance and lobbying As SW JUNE FLETCHER uv.TODAY MTWCS[ .101.10A campaign0 acturers. data from 2006 through 2015, re- according to viewed hundreds of documents and conducted more than 150interviews. Florida ohnMinard,80,likes towalkorswimatthe beach every finance and Drug companies say they are corn- day- lobbying nutted to solving the problems linked grows, But Laingtely the storedss appleh grower is havingr sa hard data. to their painkillers.Purdue Pharma, Ntiorthe plgwaystoaccessthebeachnearhishomein one of the largest opioid producers by debate Naples. sales,said it does not opposelicies With more visitorsgand morea taction,permanent residents ar percolates coming getting theregion'stoiof 1phe said attraction.the parking "thatun rovethewayoptotdsareptle- P lots are too ear,, said scnbrd"even if they result in lower over "The last two years,it's been horrible,"he said. sales. "Lotsget full by 8 a.m.in season,.buteven in August ,they're filling ATone time.Florida was the epicen- Whether up by 10.30 a.m." Moreover,some of the parking spots he used to use near Clam See Opioids,Page 10A thele are. Pass and Delnor Wiggins State Park when he first came to the area in s few 1985 are long gone,making some of his beach access points inacces- sible—and creating choke points at others. access "Access points at the beach are mobbed while the spaces between pOII its S..Access,Page 14A 0 Election 2016 Trump visits today: what you need to know SHELDON ZOLDAN President George W Bush's reelection cam- wolcs Ne.tws'cost You paign in 2004 at City of Palms Park.In 2008,Sen Lab Theater to host John hfcCain•s running mate.Sarah Patin.held The presidential campaign comes to South- an event at Germain Arena. fundraiser to find ,. west Florida today with Donald Trump making 'frump stumped in Colorado Springs on Sat. new 1101T12,1D his first visit to Fort Myers. urday and was in Houston on Sunday for a Trump Hump will be the first Republican presiden- tial candidate to visit Southwest Florida since See Trump,Page BA HIGH 89 .. tree Defiler radar Classifleds•9C Nation ata Spurts.1( and weather updates local business n 11A Need to know.to Vltws.•17A II il)I h it II18N IIIN 11111111 TliJa IgE Wan• rn&t LOW 76 at news-pressman. LORayrAA Obituaries.tiA Woo the,,,15C o 40901 02625 q Copyright ed once tsaA Copyright 7016 e esc1054 Appliance&• ' t n p6' ''.I RsAt voted Best Place toBug! ' KA $411/11,41.014112:1110.21I a oss EBATE 122 First Place r,LL, Electron_tonics—, PROFILE t e Readers Chaise RwafBs 4nr ilM \..-- S .. •...�, _ l Ds u a su,° Outstanding Customer —_.— Your Own�Paciiag Dean - , . ta . Service! Proleaalonal Set up Appliances& , tonne[um i tit err; IRStailS Ott Electronics Purchase( r more kitchen appliances,.r ; Now - snag .contractor discounts! .. -. :1 tow Prke guarantee! _ ',Ir., AnP. ' n,, ' vurrsla Ol all I Anr oUJlnlll I °MAsinitl0"5t ,, r t...nxnos i1SWfShowrooms I 27e275556 1794951910 "aSYila a1irotns i ti"a91a1lN Iiai1e35e tAaJ70.1t21blismitheaom ttcce&b \` \,„,_ _ 8A Continued from Page in "" �_- them tire wide open,"he said."It never was like this be ""'+_. fore" 1 i . 'r:rwm 1' As more people come to Southwest Florida seeking a - ,4`' =tzs. i...�yy t �_ j"'\ spot on the sand—and taking up already limited parking _ _' 1 t at risingfees—debate is ,-- I growing as to whether they're -�I !�`I i being funneled into too few beach access points.And that -.. -.--- could negatively affect tourism and real estate sates. , i, .. "People conic here for the beautiful beaches,"said -. ' oA -, j Mark Strain,chairman of the Collier County Planning -/ 4• 3- Commission and its chief hearing examiner."But it's get- '� a) -- ting harder and harder for people who don't actually live t -/'', A' along the beach to access them." On the surface it may not scent that Southwest Florida /s „ has much of a beach access problem,at least compared f 1 with some other panthan s of Florida,which has more "' 2,000 public access points statewide. 1` - According to Florida's Department of Environmental __ Protection,Collier County has 57 public access points —' along its 34 miles of sanely beaches(spaced at an average I a - r i 7 of every 0.6 miles),while Lee County has 98 access points i >>�.e - along 47milesofcoastline(orevery0.48mues),andChar- 1 - e. Cotte County has nine access points along 12 miles of ,et_ •., ` beach for every 133 miles). Contrast that with Hillsborough County,which in- eludes Tampa.It has only oneaccess point along its paltry i ii- 2 miles of beach—and it can be reached only by boat. But compared with South Florida counties on the east coast,Southwest Florida's access points seem limited and far apart. PNOTOS St NKCgtt eAUMtnesraAPLIS DAILY taws Miami-Dade County has 129 public access points over Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples on Sept 10.Clam Pass Park 20.8 miles,or an access point every 0.16 miles,And Bro- has 171 public parking spaces,which are S8,or free to visitors who have a beach parking sticker, ward County,which includes Fort Lauderdale,has 179 ac- cess points over 24 miles,or every 0.13 miles. Having more access points,as well as ample public A line In the sand r_ parking nearby,makes it much easier for Florida's east white limited access points,tight parking and rising fees coast beachgoers to hit the sand,said Miami resident Car- are the biggest obstacles to public beach access,sense men Borges,51. beachgoen also say they are being chased away by water- .sa- ,. 4 ' r_ Lounging on Vanderbilt Beach last week,Borges said front property owners who say their beaches are private Naples' more restricted access and longer walks to 're's happening more and more,"said Grant Gillman,18. ",'1 r crowded parking lots was frustratingby comparison, who works ata Fort Myers Beach coffeehouse-M reality, "If you come with stroller ora kid,or someone who is throughout Florida,all land owners along the sand only handicapped it's difficult,"she said. own rights to the beach up to the Erosion Control Point,or µ Nearby,Wendy Batts,43,of Louisville,Kentucky,won- traditional mean high water line—a line that once set, tiered why associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach - ---- - owned by seasonal residents and empty for much of the renourishment.The public has the right to the the bead, , year—don'ab1ow tourists to use their empty parking lots from that line to the water. -'-0 `.. and access their private beaches during the offseason. "It would be gracious,"she said."After all,we spend money here and help keep your economy afloat" built out. Collier planner Strain is worried the county isn't pre- The county has 1,516 beach access parking spaces,not Beachgoers carry their belongings to their cars at the paring adequately for what he sees as an explosion of de- counting the city of Naples, Vanderbilt Beach access point in Naples. mond that will only get worse. No boardwalks or new access points to the beach are Collier's permanent population is 354,000,and its peak being planned,Strain said,and rocketing beachfront 0 seasonal population is 925,000.Strain estimates the coon- prices make buying more land for access or parking too Minard thinks that's an incentive for Lee residents to ty's pop troll will owelltoimllliontol,2nsiljjowhen it's prohibitive for county coffers. buy Collier parking stickers instead of Lee suckers,con- Another problem is resistance by people who live on or tributing to the overcrowding of Collier beaches near the FUNERALS&MEMORIALS near the beach to providing more ways for tourists and Lee line."Beaches primarily should be used by their own „`.y t »'s v t Memo inland what -' own, j •g ts,"he said. slaw ,r • .,ti ,s iirt snotf-'-' : Page 1 of 11 8A Beach out of reach As more people come to Southwest Florida,debate is growing as to whether they're being funneled into too few beach access points. June Fletcher.june.1letchenii.naplesno‘s.com:239-263-4775 Share This Story 14 Tweet Share Share Pin Email Comment John Minard, 80, likes to walk or swim at the beach every day. But lately the retired apple grower is having a hard time finding ways to access the beach near his home in North Naples. With more visitors and more permanent residents coming to the region's premier attraction,the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said. "Lots get full by 8 a.m. in season,but even in August,they're filling up by 10:30 a.m." Beachgoers carry their belongings to the tram at the Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples, Florida on Saturday, Sept. 10,2016. Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker. (Photo:Nicole Raucheisen/Naples Daily News) Moreover,some of the parking spots he used to use near Clam Pass and Delnor Wiggins State Park when he first came to the area in 1985 are long gone,making some of his beach access points inaccessible—and creating choke points at others. "Access points at the beach are mobbed while the spaces between them are wide open,"he said."It never was like this before." As more people come to Southwest Florida looking for their spot on the sand—and taking up already limited parking at rising fees—debate is growing as to whether they're being funneled into too few beach access points.And that could negatively affect tourism and real estate sales. "People come here for the beautiful beaches,"said Mark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner."But it's getting harder and harder for people who don't actually live along the beach to access them.'" On the surface it may not seem that Southwest Florida has much of a beach access problem,at least compared with some other parts of Florida,which has more than 2,000 public access points statewide. According to Florida's Department of Environmental Protection,Collier County has 57 public access points along its 34 miles of sandy beaches(spaced at an average of every 0.6 miles),while Lee County has 98 access points along 47 miles of coastline(or every 0.48 miles),and Charlotte County has nine access points along 12 miles of beach(or every 1.33 miles). "People come here for the beautiful beaches. But it's getting harder and harder for people who don't actually live along the beach to access them." Mark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner http://www.naplesnews.conn/story/news/local/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page 2 of 11 8A Contrast that to Hi llsborough County,which includes Tampa,that has only one access point along its paltry 2 miles of beach—and it can be reached only by boat. But compared with South Florida counties on the east coast, Southwest Florida's access points seem limited and far apart. Miami-Dade County has 129 public access points over 20.8 miles,or an access point every 0.16 miles.And Broward County,which includes Fort Lauderdale,has 179 access points over 24 miles,or every 0.13 miles. Having more access points,as well as ample public parking nearby,makes it much easier for Florida's east coast beachgoers to hit the sand,said Miami resident Carmen Borges,51. Lounging on Vanderbilt Beach last week,Borges said Naples'more restricted access and longer walks to crowded parking lots was frustrating by comparison. "If you come with stroller or a kid, or someone who is handicapped, it's difficult,"she said. Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Nearby,Wendy Batts,43,of Louisville, Kentucky,wondered aloud why associations for beachfront condos—many of which are owned by seasonal residents and empty for much of the year—don't allow tourists to use their empty parking lots and access their private beaches during the off-season. "It would be gracious,"she said."After all,we spend money here and help keep your economy afloat." Collier planner Strain is worried the county isn't preparing adequately for what he sees as an explosion of demand that will only get worse. Collier's permanent population is 354,000,and its peak seasonal population is 425,000. Strain estimates the county's population will swell to 1 million to 1.2 million when it's built out. The county has 1,516 beach access parking spaces.not counting the city of Naples. No boardwalks or new access points to the beach are being planned, Strain said,and rocketing beachfront prices make buying more land for access or parking too prohibitive for county coffers. Click here to vice► a map of beach access points in Collier Another problem is resistance by people who live on or near the beach to providing more ways for tourists and inland residents to reach what many consider their own private preserves,he said. "People pay a lot of money to live along the beach,"he said."And once they're there,they want it to stay the way it is." Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Napies Daily News) So residents often resist suggestions like bigger parking garages or public transit, even if it would mean cutting down on the number of cars that prowl streets looking for spots. Strain said. For instance,when the luxury high-rise Moraya Bay was built seven years ago, it cut off 16 county public parking spaces at the entrance to the neighboring North Naples beach access. http://www.naplesnews.com/story/news/1oca1/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 3 of 11 8A So sand-seekers who wanted to use their free-to-residents Collier County parking stickers were forced to use Conner Park, a half-mile away. Shuttles from inland parking lots would help alleviate the problem,but too often,residents object to them,Strain said. But sticking your head in the sand won't make the problem go away,he added. "As the eastern portions of the county become developed and residents head to the beach,especially from huge new towns like Rural Lands West and Ave Maria,traffic along the beach will be terrible,"he predicted. What's more,because many of the county's beach access points have no public parking nearby,they are for all practical purposes inaccessible for anyone who doesn't live within walking or biking distance,Strain said. Such inaccessible access points include the roughly 2-mile stretch on North Gulfshore Drive from Vanderbilt Road to 110th Street,or the beach along Pelican Bay. Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) And sometimes even bike riders have a hard time finding a spot. When he lived on Marco Island,Gage Wheeler,20,often found the five to eight spaces provided for bikes on beach access racks"really packed." "Sometimes there was no place to lock up your bike,"he said. Other times,especially during the stormy summer months,parking lots flood to the point of being nearly impassable for days,as frequently happens at the 96-space Collier County lot on Lely Barefoot Boulevard that serves the access point to both Barefoot Beach and Bonita Beach,just over the Lee County line. • • r ,w } • • • G .fir sal; Skip Ad Agglijimotiflorida residents bemoan the lack of beach parking and access points.June Fletcher x http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 4 of 11 8A Earbsalhwing,manager of the city of Bonita Springs,said he's"very concerned"about the lack of parking at Bonita Beach, the most accessible public beach in the southern part of Lee County in terms of parking. Although there are 99 parking spaces on the Lee County side of the beach access,he's hoping the lot can be reconfigured to squeeze in a few more spaces. SMiiin our online Doll: Do von think there are enough beach access points in Collier and Lee? he s also asking two developers who want to build inland hotels in the city to add about 200 public parking spaces to their otel lots. They'd then take residents and hotel guests to the beach on their private shuttle buses,which,unlike public shuttles,wouldn't be subject to the whims of NIMBY neighbors. "The idea has been well-received by the hoteliers,"he said,adding that private beach shuttles from master-planned communities like Bonita Bay are used frequently by residents and seasonal renters. The growing demand for beach access has caused some residents,like Minard,to wonder if the price differential for different beach parking stickers is putting undue pressure on certain beaches. Both residents and nonresidents of Lee County must pay$60 a year for a beach access parking sticker.But Collier's beach stickers cost only$50 for nonresidents(residents get a free sticker). • sr -* ' • • 4A • • fes- . • • •i _ . ..}. • t Beachgoers walk with their belongings to the Vanderbilt Beach Parking Garage at the beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fu I lscreen Miguel Oliveria,second from right,holds Liliana Pereira, Miguel Oliveria,second from right,holds Liliana Pereira, 11 months,as she smiles at the tram service driver at the Clam Pass Park beach access point in Naples, Florida on Saturday.Sept. 10,2016.As more people come to Southwest Florida, debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fu I lscreen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page 5 of 11 8A Beachgoers load up their belongings in their car at Beachgoers load up their belongings in their car at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016. (Photo: Nicole Raucheisen/Naples Daily News) lul iscreen Jan Scott,center,goes to check on his tram service Jan Scott,center,goes to check on his tram service guests as they load up at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016. The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo: Nicole Raucheisen/Naples Daily News) Fullscreen The Clam Pass Park offers a shuttle service at their The Clam Pass Park offers a shuttle service at their beach access point in Naples, Florida. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Hotel guests ride the free Inn at Pelican Bay shuttle Hotel guests ride the free Inn at Pelican Bay shuttle service at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) En 11 screen A sign on Jan Scott's tram welcomes guests at the Clam A sign on Jan Scott's tram welcomes guests at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A beachgoer rides his belongings on his bike to the A beachgoer rides his belongings on his bike to the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10, 2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers wait in line for the tram service at the Beachgoers wait in Iine for the tram service at the Clam Pass Park beach access point in Naples on Saturday,Sept. 10, 2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo:Nicole Raucheisen/Naples Daily News) EuIIscreen Beachgoers carry their belongings to the tram at the Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples,Florida on Saturday. Sept. 10,2016. Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker. (Photo:Nicole Raucheisen/Naples Daily News) Eu1[screen Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) FuI'screen Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10,2016. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) ° Eu I screen http://www.naplesnews.comistory/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 6 of 11 8A Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Parking signs line the 6th Avenue North beach access Parking signs line the 6th Avenue North beach access point in Naples, Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen An access point to a Collier parking lot on Lely Barefoot An access point to a Collier parking lot on Lely Barefoot Boulevard that is often flooded in summer,making it difficult to access the beach.(Photo: June Fletcher/Naples Daily News) Fullscreen The Vanderbilt Beach Parking Garage has 375 spaces, The Vanderbilt Beach Parking Garage has 375 spaces,but is located down the street from the beach access point,as can be seen here,in Naples,Florida. As more people come to Southwest Florida,debate is growing as to whether theyere being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Jan Scott,left,drives the tram along the boardwalk Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A beachgoer loads their car at the Lowdermilk Park A beachgoer loads their car at the Lowdermilk Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyere being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers load up their cars at the North Lake Drive Beachgoers load up their cars at the North Lake Drive beach access point in Naples,Florida on Saturday, Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) Fu I screen Lowdermilk Park offers approximately 125 parking spaces, Lowdermilk Park offers approximately 125 parking spaces,some of which require a Beach Parking pennit,while the remaining spots are metered.As more people come to Southwest Florida, debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Like this topic? You may also like these photo galleries: Replay • low NM 0120 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page 7 of 11 -/of 20 3 of 20 : �..._ of 20 5 of 20 MI6 of 20 III of20 0 8of20 • liti of 20 '.'`? 10 of 20 • 11 of 20 IN12 of 20 13 of 20 iiii14 of 20 L.I . http://www.naplesnews.corn/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 8 of 11 + .i1 8 A • ,.v15 of 20 • 16 al() • al17 of 20 - "180120 . NIA19 of 20 20 of 20 Autoplay Show Thumbnails Show Captions Last SlideNext Slide Minard thinks that's an incentive for Lee residents to buy Collier parking stickers instead of Lee stickers,contributing to the overcrowding of Collier beaches near the Lee line. "Beaches primarily should be used by their own residents,"he said. But that sort of logic has long been a bone of contention between officials of Collier County and the city of Naples.which occasionally floats the idea of limiting free parking along the beach just to city residents. Naples City Manager Bill Moss said that's inspired by the feeling that the county doesn't do enough to help the city maintain its own access points,which actually outnumber those of the county and often attract county residents. "About a million people a year come to the Naples Pier alone,"he said.The beach access to the popular Pier was refurbished last fall with new restrooms and planking that cost$2.5 million. But while the Pier, Lowdermilk Park and the beach access at the end of Fifth Avenue South are heavily used,"there's no planning whatsoever for more access."Moss said."To be able to acquire the land is beyond local government." That's because many of the city's beach access points are near some of the region's most expensive real estate.with beachfront lots running into the millions. A beachgoer loads theft car at the Lowdermilk Park A beachgoer loads their car at the Lowdermilk Park beach access point in Naples, Florida on Saturday. Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) http://www.naplesnews.com./story/news/locall2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 9 of 11 8A Because public parking is limited to a handful of spaces at these access points,beaches near the mansions are among the most uncrowded in the region—although people sometimes park illegally to get to them. "People park on yards and shrubs,so we have to send the police around,"Moss said. Yet there are no plans to shuttle people to these more secluded beach access points,Moss said. "We're not looking for ways to help people get to the beaches here,"he said. In fact,the city recently upped its parking rate for paid spots from$1.50 to$2.50 an hour and put in meters that take credit cards in a move that's anticipated to bring$1 million in revenue to the city,said Lisa Douglass,the city's billing and collection manager. When people pay meters with coins,she explained,they stay only as long as the jingle in their pockets will allow. "But people are more apt to overpay with credit cards so they don't have to come back and feed the meters,"she said, adding the city has 1,305 beach-access parking spots. While rising fees bring in revenue,they also hamper accessibility for those hard-pressed to afford them. Fort Myers Beach resident Jimmy Masterson,52,said it also puts a damper on the day of beachgoers who must constantly check to make sure their meters aren't expired,exposing them to heavy fines. "When I came here 19 years ago,parking along the beach was free,"he said. Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) In Lee County,parking fees rose in 2009 from$1 to$2 an hour at the Bonita Beach Access No. 1,Lynn Hall and Bonita Beach Park access points.They rose the same amount in 2013 at Bonita Beach Access No.10,Bowditch and Bunche Beach. That helped to raise parking revenues at beach parks from$1.34 million in 2013 to$1.54 million in 2015. In the meantime,businesses near the beach wrestle with the issue of beachgoers parking in their lots to avoid the paid spots. Is towing vehicles worth the risk of riling potential customers? "It's hard, since more people are taking up spots and staying longer,"said Adrian Graham.bar manager at the Beach Bar Cafe across from Vanderbilt Beach,adding she's even had to shoo interlopers from employee parking spaces around the back of the building. But she doesn't understand why government officials,developers and beachfront residents can't work together for a regional solution to a problem that won't get better by itself. "If big cities can figure it out,why can't we?"she said. Parking signs line the 6th Avenue North beach access point in Naples.Florida on Saturday. Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) A line in the sand http://www.naplesnews.corn/story/news!local/2016/09/l 6'beach-out-reach/90309508/ 9/17/2016 Page 10 of 11 8A While limited access points,tight parking and rising fees are the biggest obstacles to public beach access,some beachgoers also say they are being chased away by waterfront property owners who say their beaches are private. "It's happening more and more,"said Grant Gillman, 18,who works at a Fort Myers Beach coffeehouse. In reality,throughout Florida,all land owners along the sand only own rights to the beach up to the Erosion Control Point, or traditional mean high water line__.a line that once set,doesn't vary even if the beach is altered by erosion or beach renourishrnent. The public has the right to use the beach from that line to the water. u `' •Direct:Costal Access Guide so- allin l•' ii ilUh)s � • • Ilirdr -75— 110.1 .... 1 , ti•tTl#1v� Show Imagery Slider >> -Show County- V 1111:577,790 ^ v 5 IlOmi ^ O Share This Story 14 It cct Share Share Pin Email Comment NI' Ill PART OF THE USA TODAY NETWORK ©2016 naplesnews.com,All rights reserved. http://www.naplesnews.com/story/news/localJ2016/09/16/beach-out-reach/90309508/ 9/17/2016 8A 111 WOO DWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R.WOODWARD Baoni Cau6ai Rai Est= MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL &,udC«flfe1:RcdEsn4 Board of County Commissioners ANTHONY P.PIRES.JR Collier County, Florida Bcard C/O Michael Bosi, AICP and Local Gostrrunent 2800 North Horseshoe Drive I.CHRISTOPHER LOMBARDO Naples, Florida 34104 Board Ce i6ed:Man p and Fan-lit/Law Re: REQUEST FOR CHANGE OF HEARING DATE CATHRINEA HUNTER. APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/'Beach Box Café Property"), issued JENNIFER 1,DEVRIES May 18, 2016 but dated May 18,2015 (the"APR Re-Issuance") JENNIFER M. TENNEY AND LENORE T BRAKEFIELD APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about September 7, MATTHEW P.FLORES 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 JOSEPH M COLEMAN ("Beach Box Cafe"/"Beach Box Café Property"), (the"APR Denial") COLLECTIVELY "THE APPEALS". Dear Commissioner Fiala: As noted in the timely Residents' Appeal filing made on June 15, 2016,and in the supplemental filings made therein on June 17, 2016 and July 12, 2016, the listed parties to the Residents'Appeal (the"Parties")specifically reserved the right to further amend, modify or supplement their filing(s) and the Residents' Appeal with additional filings, arguments and materials. The outrageously reduced parking requirements granted by the APR Re- Issuance for the Beach Box Café and the Beach Box Café location is the subject REPLY TO matter of the Residents' Appeal and the August 12, 2016 APR Denial is the subject matter of the Vaguna Appeal. The Parties agree that the August 12, 2016 APR Denial SI 3200TAMIAMI5TRAI200 N. should be upheld' and the Vaguna Appeal should be denied. ITENAPLES.FL 34103 239-649-6555 239-649-742 FAX This filing is submitted on behalf of the Parties in the Residents' Appeal and as part of the Vaguna Appeal and The Appeals. The Parties as participants in and LI 606 BALD EAGLEDRIVE I500 parties to the Residents'Appeal, the Vaguna Appeal and The Appeals further reserve P.O.BOX ONE the right to submit additional filing(s) of objections, arguments and materials in the MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL-LEGAL.COM 1 The APR Denial should be upheld for the reasons stated therein, for the reasons and arguments stated in the Parties' Appeal submittals, and for any additional reasons that may be brought to the attention of the BCC/BZA. 1 8A Residents' Appeal, the Vaguna Appeal and The Appeals including but not limited to outlining why the Vaguna Appeal should be denied and the APR Denial sustained. No rights, concerns, arguments, positions or objections of the Parties concerning the Residents' Appeal, the Vaguna Appeal or The Appeals are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional motions, objections, arguments and materials before the Board of Collier County Commissioners("BCC")and/or Board of Zoning Appeals ("BZA") is again specifically reserved. The Parties reserve the right to make additional objections,filings and submittals to protect their interests and to ensure the due process rights of the Parties in the Residents'Appeal, the Vaguna Appeal and The Appeals. STAFF STATED HEARING DATE Based upon a recent conversation with Michael Bosi and Heidi Ashton-Cicko, along with a follow up email (see Exhibit A), it is understood that an October 25, 2016 Public Hearing date has been selected by the County for the BCC, sitting as the BZA, to hear the Vaguna Appeal. It is my further understanding from that recent conversation that all of the issues raised by the Parties in the Residents'Appeal2 will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. REQUEST FOR CHANGE OF HEARING DATE UNTIL AFTER NOVEMBER 21, 2016 The Parties are and will be substantially affected by any decision of the BCC/BZA in the Residents' Appeal, the Vaguna Appeal and The Appeals and are entitled to have an impartial decision-maker hear and consider the Residents'Appeal, the Vaguna Appeal and The Appeals. Based upon the arguments below,and others that may be made before the BCC/BZA, the Parties in good faith request that all matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, be continued until after November 22, 2016 and not be heard by the BCC/BZA until after November 22,2016.There will be no prejudice to the applicant in the Vaguna Appeal. BASIS FOR REQUEST The following is provided in support of this request: 1. The members of the BCC comprise the BZA. In hearing any Appeal,the BCC/BZA will be acting in a quasi-judicial capacity. The BCC/BZA is the decision-maker in the Residents'Appeal, the Vaguna Appeal and The Appeals. An impartial decision-maker is a basic component of minimum due process in quasi-judicial proceedings. See Charlotte County v. IMC — Phosphates Company, 824 So.2d. 298, 300-301 (Fla. 15' DCA 2002); Cherry Communications, Inc. v. Deason, 652 So.2d. 803, 804-805 (Fla. 1995) ("[I]n our adversarial system of justice, which places a premium on the fairness of the judicial or quasi-judicial procedure, the decision maker must not allow one side in the dispute to have a special advantage in influencing the decision."). 2. The Hon. Georgia Hiller is currently a member of the BCC/BZA. Ms. Hiller ran for another elected office and by virtue of Florida's Resign-To-Run law, Commissioner Hiller was required to submit her letter of resignation as a County Commissioner,which 2 And all materials filed and to be filed in the Residents' Appeal will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. 2 8A resignation means that Commissioner Hiller's last day on the BCC/BZA will be November 21, 2016. 3. On August 4, 2016, Commissioner Hiller conducted a campaign/election event, a "get out the vote" or "fundraiser", at the Beach Box Café (the "Event") at the Beach Box property. 4. Various postings on-line and various photographs (attached Composite Exhibit"B") show that: A. The Event took place on August 4, 2016 at the Beach Box Café. B. The Event was promoted on the Beach Box Café website. C. The Event was noted on Commissioner Hiller's Facebook election website. D. The Event was in part "hosted" by Gary Brecka and "BRAVE COLLIER". Gary Brecka is listed as President of an entity named B.R.A.V.E. COLLIER and Gary Brecka is identified in various documents as one of the owners of the Beach Box Café and the Beach Box Condos located on the same land as the Beach Box Café. E. The Event was in part "hosted" by Patrick Dearborn Team. Patrick Dearborn Team has an office at the Beach Box Café, location, 9000 Gulfshore Drive. 5. As of the date of the Event, no less than six (6) outside picnic tables were in place and utilized at the Beach Box Café. There was an open code enforcement case, pending since April 23, 2015, concerning the improper placement and use of picnic tables at the Beach Box Café. See attached Exhibit"C". 6. By way of multiple emails from Collier County staff to Commissioner Hiller under the heading of "Code 5461 Hiller", beginning in May of 2015 and including emails as recently as August 29, 2016, Collier County staff provided frequent updates to Commissioner Hiller as to the status of various matters relating to the Beach Box, none of which were known to or shared with the Parties prior to September, 2016, and only after receipt of records pursuant to a public records request. See attached Exhibit"D". Based on the foregoing my clients, the Parties: 1. Have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna,the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property and that if heard by the BCC/BZA prior to November 22, 2016, the Parties will not have an impartial decision-maker hear and consider any matter or appeal concerning the Beach Box Café or Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, if heard by the BCC/BZA prior to November 22, 2016. 2. Have a well-founded fear that they will not be afforded minimum due process if the Residents'Appeal, the Vaguna Appeal or The Appeals are heard by the BCC/BZA prior to November 22, 2016. 3. Request that no hearing of the Residents' Appeal, the Vaguna Appeal or The Appeals by the BCC/BZA be held or conducted until after November 22, 2016. 3 8A Based upon the foregoing, the Parties in good faith respectfully request that this not be heard by the BCC/BZA until after November 22, 2016. Respec�f�.,. -,!:-',..-•i - FrP"'" oiiko _4,,,,A ....m11114faime.•AO •n .ny P. P. , Jr. Esq. lb APP/Ig Enclosure(s) Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, 4 8A EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE 8A Anthony Pires From: BosiMichael <MichaelBosi@colliergov.net> Sent: Friday, September 23, 2016 8:37 AM To: Anthony Pires Cc: AshtonHeidi Subject: RE:STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Goad Morning Tony. Yes,we have the ad request to the clerk,as soon as I receive confirmation it's all set I will send out a confirmation a-mail. Have a.great day, mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Friday, September 23, 2016 8:31 AM To: BosiMichael Cc: AshtonHeidi Subject: RE: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 Good morning Mike. AS a fo[lovv'up to our meeting last week, is October 25. 2016 still the staff- planned date for the Board to hear the Beach Box matter? Thanks Tony From: BosiMichael [mailto:MichaelBosiPcolliergov.net] Sent:Tuesday, September 13,2016 10:36 AM To:Anthony Pires<APires@wpl-Iegal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good Morning Tony, Yesterday we entered the appeal in the system. Here is project identifier- PL20160002324 If you go to the following link,enter the number and then click on submittals,you will have the full packet available. Planning Application Search - CitvView Portal Sincerely, mike From: Anthony Pires [mailto:APireswol-legal.com] Sent: Tuesday, September 13, 2016 9:56 AM To: BosiMichael Cc: AshtonHeidi Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12, 2106 as to the Beach Box? 8A Thanks Tony From: BosiMichael [mailto:MichaelBosi@colliergov.netj Sent: Friday, September 02, 2016 2:15 PM To:Anthony Pires<APires@wpl-legal.com> Cc:Ashton Heidi<HeidiAshton@colliergov.net> Subject:RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Tony. S of today,there has been nothing submitted regarding the denial letter. Have a great weekend, mike From: Anthony Pires [mailto:APires@'wol-lecial.com] Sent: Friday, September 02, 2016 1:46 PM To: BosiMichael Cc: AshtonHeidi Subject: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12, 2106 as to the Beach Box? Thanks Tony From:OssorioMichael [mailto:michaelossorio@colliergov.netj Sent: Monday,August 29, 2016 3:34 PM To:Anthony Pires<APires( wol-legal.com> Subject: RE: STATUS OF CELU20150008262 Tony fyi, The Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of.Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APirestwwpl-legal.com] Sent: Monday, August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Hello Mike, Could you kindly advise of the status of your review? Thank you, Tony 2 From:OssorioMichael [mailto:michaelossoriona colliergov.net] Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APiresPwpl-leeai.com> Subject: RE: STATUS OF CELU20150008262 Good morning Mr. Pires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APires(awpl-legal.com] Sent: Thursday, August 18, 2016 1:59 PM To: OssorioMichael Subject: STATUS OF CELU20150008262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously known as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires,Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpkeoal.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. �jndt;r Fk+nda Law F•mmdrl agdressos aro public riXerdS 11 yOu do not ,ort'.aur c-mart address released r response to a public records request ili:n scr u electronic Buil to this enIni Instead contact this office by tOephuna fir+r+;,rtrnq 3 8A EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE 84 ••••c)Verizon 3(3 .,, 8:04 AM 58%MU ......„......„ beachboxcafe.com X -T- --1-- H Naples Daily News News Press National Hurricane Center Declaration of Independence - Text Transcript ••• _ . .... _ , • - I I ii ,• si •-:;,-,,,,,?.14,-,. - ,,,_, • I i 1 i I ,T .. , :, - .; • . 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' Thank you to everyone who came to show support for Georgia! PEOPLE #GeorgiaforClerk#25days#GoGeorgiaGo#LetsWinThis... See More '1+ ,r #..-..,, �1. Vote Georgia Hiller for Clerk , ,► ABOUT c Iii Vote Home 1 .....1 .— I Politi dibtamit.,,,.. - G About �' ;% 201E Photos ... 1,°' Cleri Events A4ci Coin Likes Reps .�"' Videos - - Geo- , Posts mow•._ 1 . . - hr�: Create a Page Like Cc•roment Share PHOTOS COVII ITiorelt Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- .,.. v this. Georgia 1 Hiller aka.Comm iiiVote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! It '''J''' 05 2 .' Vote Georgia Hiller for Clerkpit- Thank uni r to rnllinr 1M rli I a. Cncrnnc Italian r'aft'k Oi77aria fnr an See more of Vote Georgia Hiller for Clerk by logging into Facebook Sign Up Log In 8A ,f CO `o v f , A r t) n r � O � > joitt, - V c M L i O C m V f a o ✓ EO -C o- e t /per O m .. m ac ,a. O O - $ 'V° E. 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Beach Box Cafe Thursday,August 4 at 5:00 PM-8:00 PM in EDT 34 23 677 9 Beach Box Cate snow Mao About Discussion Debbi by tnttty Name http://scarch.sunbtz.org/Inquire/Col poratIonSezuch/SearchResultDetai. 8A FLORIDA DEPARTMENT OF STATE Home Contact Us E-Filing Services Document Searches Forms Help Detail by Entity Name Florida Not For Profit Corporation B.R.A.V.E. COLLIER. INC, Filing Information Document Number N16000007473 FEI/EIN Number NONE Date Filed 07/29/2016 Effective Date 07/29/2016 State FL Status ACTIVE Principal Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Mailing Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Registered Agent Name &Address GOEDE, ADAMCZYK, DEBOEST&CROSS, PLLC 8950 FONTANA DEL SOL WAY FIRST FLOOR NAPLES, FL 34109 Officer/Director Detail Name & Address Title P I BRECKA, GARY 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title VP STOCK, BRIAN 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title TR DEARBORN,PATRICK 9020 GULF SHORE DRIVE NAPLES, FL 34108 coovrwht s area Pnvary Patrtes State or cbrba,Department or State 1 of 1 9/27/2016 214 PM Detail by bnttty Name http://search.sunbiz.org/tnyuiry/C:orporattonSearch/SearchResuItDetai.. CROSS, BRIAN 8950 FONTANA DEL SOL WAY, FIRST FLOOR NAPLES, FL 34109 Title D WRIGHT,JEFFREY 8950 FONTANA DEL SOL WAY, FIRST FLOOR NAPLES, FL 34109 Annual Reports No Annual Reports Filed Document Images 07/29/2016-- Domestic Non-Profit view image in PDF format I 2 of 3 9/27/2016 2:14 PM Exhibit "D" 8 A BosiMichael From: Gary Brecka[gary.bregka@beachboxcafe.comj Sent: Wednesday,April 13, 2016 3:32 PM To: NickCasalanquida@colliergov.net; BrockMaryJo; KlatzkowJeff; BosiMichael; WilkisonDavid Cc: John Marques; Ralph Cloffi; 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 comments1.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. 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 Café 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 Café showing of 24 people, only 2 of the 24 people drove here for Beach Box Café. The rest either biked or walked, or drove here to visit the beach and walked off the beach to the Beach Box Cafe. 8 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 Café'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. I 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, 0arx$j1 Ralph Cioffi,.John Marques 00244 5144,48o, +� t ld j't�L'J�llJO 2 beachboxcondos{ ABOU 1 US Page 1 of I 8A About Us Meet Carr Brecka * & Ralph Civ_ffi. Oitvrers of r ° Beach Box Cafe & Beach Bol" Condos 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 5982 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 54 or Dylan n)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!think you too will fall in love with the Beach Box family....see you soon! Gary Brecka&Ralph Cioffi III 0 http://www.beachboxcondos.com/about-us 9/23/2016 .-- 8 A D EA1 1� t'-- rs4s� f�r+ RB 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 Café 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 Cafd(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 Café 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 arc 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 arca,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 Café 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 Café 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, /15thri Pea-464.4- 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.iLoveNaplesFLA.com John R,Wood Properties 1185 Immokalee Rd. Suite 300, Naples,FL 34110 8A yin, itit *J.-tit 4 F'7i • • as 'P' Y • Y ` 8 t� yy.yy� A 2,JZ� ..) �� 3 «Yr..y. ay "' 77-7 1.f.. 1 ), ' ` • i .�., .w . :1 $ . ,ii . Wr. l , ...er. 4,,t,... iggr „ ' 3 i '--'7.-1 '''''''''l -. :i1::13 .,. P cl I44 $3 �i. _ ,. ,. •.; L m r 3 • -I , ` I4r l7it 1 4, 111.11101.1111111 I t 0' ` / 7' •S [ f t iiii;i1 , Olt, tf" 11101e.- ,- -* �r r #',y 8A '� '`CC r * s '1` i'lU j r ..,4f;,‘ ';'., r ; " *r• r'at ;r • ' .; 1�' ` r3•. !' ". ` ,. • . 1.,h 1 . '.,'sr ry , l • ri , ititr. • • a y •pCr * 0 + .. "" i. � tfi, er• }•, '..,), . '' wpw-6°/°P •.1.-..; t. %. ••••.4.-t:.:4.4;tt5.1: /ak-''''''''' ' •'lt.;-.4t',..1 . . w;? `t ,. -,e' fi' ::41.::.,:'. • -+-. 1t / 1 ,• • ,F Gc•urn.� �� I Haicr 1e fes- • �4- hiller 014 -• rt Ir r r IS F 'p7 kA r , '''' ' ',.'. Stlifify • 'f - • . - 8A EXHIBIT "C" TO REQUEST FOR CHANGE OF HEARING DATE Berg>ov.rrer Report Title: Code Case Details 8A c: 1,:to 917/2016 1:40:21 PM Case Number. CELU20150008262 Case Number. CELU20150008262 Status. Open Case Type Land Use Date&Time Entered 4/23/2015 12:39:19 PM Priority Normal Entered By boxheinz Inspector JonHoagboon Case Disposition Case Pending Jurisdiction Collier County Code Enforcement Origin Complaint Detail Description Picnic tables observed at this location where property is not zoned for such Location Comments 9020 Gulf Shore Drive(Beach Box Cafe) Address 9020 Gulf Shore DR Property 79122440003 Property Owner VAGUNA CORPORATION Business Management& Budget Office 1 8A • Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Enter Initial Case Information boxheinz 4/23/2015 4/23/2015 Complete Initial Inspection boxheinz 4/23/2015 4/23/2015 Violation(s) Observed approximately six picnic tables at Found this location violating zoning requirements...nov completed...pic taken Record Violations boxheinz 4/23/2015 4/23/2015 Complete Attach Picture(s) boxheinz 4/23/2015 4/23/2015 Complete Generate Notice of Violation boxheinz 4/23/2015 4/23/2015 Complete 1 Personal Service Attempt boxheinz 4/23/2015 4/23/2015 Complete ICE Mailing day_n 4/23/2015 4/23/2015 Complete Mailed NOV cert/reg to owner&agent CE Staff Review day_n 4/23/2015 4/23/2015 Complete attached AOM CE Staff Review day_n 5/5/2015 5/5/2015 Complete attached green card from agent Re-Inspection JonHoagboon 5/25/2015 5/26/2015 Non- 05/26/15-Spoke with Ray Bellows on 5/21. Compliant He had met with respondent,John Marques, and they agreed that a modification of the SIP will be allowed.Will continue to monitor for compliance actions, JH48 CE Staff Review day_n 6/2/2015 6/2/2015 Complete attached returned NOV letter from owner Re-Inspection JonHoagboon 6/9/2015 6/9/2015 Non- 06/09/15-Spoke with respondent,John Compliant Marques,on 06/05/15. He informed me that he had an additional meeting with Chris Scott on 06/03/15,going over planned changed to their SIP. He will keep me informed of any further updates. Continuing to monitor.JH48 Re-Inspection JonHoagboon 6/30/2015 7/1/2015 Non- 06/30/15-No new updates since last,will Compliant continue to monitor for changes.JH48 Re-Inspection JonHoagboon 7/22/2015 7/22/2015 Non- 07/22/15-Updated Jeff L.on case;informed Compliant him on meetings between respondent,Chris Scott,and Ray Bellows No further updates at this time;continuing to monitor.JH48 Re-Inspection JonHoagboon 8/7/2015 8/7/2015 Non- 08/07/15-Spoke with John Marques Compliant (Respondent,630-452-3743)He informed me that they have now hired a real estate property management company(Welsh Companies,239-261-4744)to assist them with their SIP changes. Four new permits have been submitted on 7/27/15 for these various changes(PRBD20150724792. PRBD20150724794,PRBD20150724795, and PRBD20150724797)They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a"parking specialist" to assist them in this endeavour. He said that 3 more permits will be submitted soon. Continuing to monitor.JH48 Business Management& Budget Office 2 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 8/26/2015 8/26/2015 Non- 08/26/15-Four new permits have been Compliant submitted on 7/27/15(PRBD20150724792, PRBD20150724794, PRBD20150724795. and PRBD20150724797.)Spoke with John Podczerwinsky(Davidson Engineering)who was hired by the respondent. He will be • assisting them with their SIP and parking issues. His contact info is 239-434-6060. Re-Inspection JonHoagboon 9/25/2015 9/25/2015 Non- 09/25/15-In addition to the 4 permits noted in Compliant the previous update.another permit has been applied for. Permit#PRBD20150930039 for a fence.Continuing to monitor for SIP updates. JH48 Re-Inspection JonHoagboon 10/23/2015 10/23/2015 Non- 10/23/15-All permits are currently valid, Compliant PL20150001922 has been opened for their Administrative Parking Reduction. Monitoring. JH48 Re-Inspection JonHoagboon 11/23/2015 11/23/2015 Non- 11/23/15-All permits are still valid.the Compliant majority of which have had expiration dates adjusted to 05/15/16. JH48 Re-Inspection JonHoagboon 12/22/2015 12/22/2015 Non- 12/22/15-All permits associated with the Compliant beach box have been finaled. However, PL20150001922 is still open for their Administrative Parking Reduction, PL20150001000 open for the Zoning Certificate,and PL20150002649 is open for their Site Improvement Plan. Monitoring.JH48 Re-Inspection JonHoagboon 1/22/2016 1/20/2016 Non- 1/20/16-All previously mentioned permits are Compliant active and going through inspections except PRHV20151031301 which is now finaled In addition,2 new permits are in apply status. PRBD20160101196 for a new sign and PRFR20160100057 for removal of the old fire _suppression system. SIP is ongoing.JH48 Re-Inspection JonHoagboon 2/23/2016 2/23/2016 Non- 2/23/16-So significant changes with permits Compliant regarding this case. The only changes are to Permit#PRBD20160101196,which is under inspections commenced,while permit #PRFR20160100057 has been issued. Monitoring.JH48 Re-Inspection JonHoagboon 3/24/2016 3/24/2016 Non- 3/24/16-All permits have been finaled. Compliant except Permit#PRFR2016010057 for "REMOVE NON-FUNCTIONAL FIRE ALARM SYSTEM PANEL AND ALL PERIPHERAL FIRE ALARM DEVICES&APPLIANCES THIS SYSTEM IS NOT REQUIRED,"which is under inspections commenced status. Both PL20150002649-Site Improvement Plan and PL20150001922-Administrative Parking Reduction remain active.JH48 Business tvlanagement& Budget Office 3 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 4/4/2016 4/4/2016 Non- 4/4/16-Recieved e-mail from John Marques. Compliant He provided a new contact.Ralph Cioffi (rrcioffi@icloud.com).Jon stated"As I explained on the phone the county is ready to meet with us on the SIP. I told Jon you were handling along with Davidson Engineering so I am cc'ing you both on an email so Ralph can take over from here on this."Will update case as soon as Mr. Cioffi makes contact. JH48 Re-Inspection JonHoagboon 4/21/2016 4/21/2016 Non- 4/21/16 E-mailed respondents;requested a Compliant meeting with all parties involved,in order to go over site plan/case status.JH48 Re-Inspection JonHoagboon 4/25/2016 4/25/2016 Non- 4/25/15-Per Jeff L.-"They are in Code Compliant compliance with everything but the outside picnic tables.They are trying to incorporate these in with their SIP,however that is on hold while the civil challenge remains." Summary below: Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward.Respondent coordinating with Chris Scott on SIP;has hired Welsh Companies,(239-261-4744) along with Davidson Engineering(John Podczerwinsky, 239-434-6060)to assist them with their SIP changes and parking reduction plans. However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction,as a result plans are on hold until the petition is heard. 1 Re-Inspection JonHoagboon 5/11/2016 5/11/2016 Non- Summary: Ray Belllows has agreed that a Compliant modification of the Site Improvement Plan (SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP:has hired Welsh Companies, (239-261- 4744)along with Davidson Engineering(John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans. However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction,as a result plans are on hold until the petition is heard. Re-Inspection JonHoagboon 6/2/2016 6/2/2016 Non- 7/2/16-My and Jeff Letourneau met with Compliant Michael Bosi, in order to get an update on PL20150001922(Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box. Mr. Bosi informed us that the Vanderbilt Beach Residents Association(VBRA)has until 7/17/16 to file an appeal to challenge the proposed Parking Reduction.Monitoring. JH48 Business Management& Budget Office 4 8A Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments IRe-Inspection JonHoagboon 7/5/2016 7/7/2016 Non- 7/7/16-Myself and Jeff Letourneau met with Compliant Michael Bosi on 6/2/16. PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VERA.)They have until 7/17/16 to file an appeal to challenge the proposed Parking Reduction. (If challenged,could push outcome until September(has to go before BCC first.)Monitoring.JH48 Re-Inspection JonHoagboon 7/20/2016 7/20/2016 Non- 7/20/16-Teleconference held between Mr. Compliant Bosi,Jeff Letourneau,and myself. Respondent has to wait until a potential HEX hearing is held(re: PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VBRA.),which is tentatively going to be scheduled until late September of this year. Will update the case after that time. JH48 CE Meeting JonHoagboon 7/20/2016 7/20/2016 Complete 7/20/16-Teleconference held between Mr. Bosi,Jeff Letourneau,and myself. Respondent has to wait until a potential HEX hearing is held(re:PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VBRA.),which is tentatively going to be scheduled until late September of this year. Will update the case after that time.JH48 CE Staff Review JonHoagboon 8/18/2016 8/18/2016 Complete 8/18/16-Met with JL34-Parking Reduction Plan has been denied. Respondents to meet with Administrator,will update case after meeting.Jh48 CE Staff Review day_n 8/18/2016 8/18/2016 Complete 8/18/16-Please scan administrative documents into case-thanks!Jh48 Attached documents to case/nd CE Staff Review KimberlyBran 8/19/2016 8/19/2016 Complete Pictures attach-1-7/KB des CELU20150008262081916Pict 1 CELU20150008262081916Pict 2 CELU20150008262081916Pict 3 CELU20150008262081916Pict 4 CELU20150008262081916Pict 5 CELU20150008262081916Pict 6 CELU20150008262081916Pict 7 CE Staff Review Ietourneau_j 8/19/2016 8/19/2016 Complete Received an email from the attorney representing the Beach box stating they plan to appeal the parking plan denial and asking for Code to hold off on further emforcement until that process is over.I will discuss this with Kevin Noell next week for guidance on how to proceed. Email attached to case. JL#34 CE Staff Review day_n 8/25/2016 8/25/2016 Complete please scan legal docs into case-thanks! attached legal docs/nd Business Management& Budget Office 5 84 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 10/3/2016 Pending Violation Description Status Entered Corrected Amount Comments Prohibited Use NOV Issued 4/23/2015 $0 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 6 8A Anthony Pires From: Anthony Pires Sent: Thursday,August 18, 2016 1:58 PM To: 'michaelossorio@colliergov.net' Subject: STATUS OF CELU20150008262 Attachments: BEACH-BOX-APR-8-12-16 (2).pdf;CELU20150008262.pdf;2ND SUPP. SUBMITTAL 7.12.2016.pdf Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously known as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Cafe location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires,Jr., B.C.S. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wol-legal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error: any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 8A Co ie-r County Growth Management Department Zoning Division August 12,2016 Fred Hood, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Denial of the Administrative Parking Reduction APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003, and rescission of letters dated September 22,2015 and May 18, 2015 [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 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 a 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 181 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 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. 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 "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, dependent upon the parking provided within the Vanderbilt Beach Parking garage. To utilize the parking spots in the garage for patrons of the Beach Box cafe is in 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 te i 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•%wrw colliergov net 8A 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, (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). 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 APR would be voided. It should be noted that the 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 I,770Sq.Ft Office Space 900Sq.Ft Residential units 4 units 16 spaces provided Proposed uses and parking required Café' 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 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- PL20150001922 is denied. Respectfully, Mike Bosi,AICP, Director,Zoning Division cc: Raymond V. Bellows,Zoning Manager 8A Anthony Pires From: OssorioMichael <michaelossorio@colliergov.net> Sent: Monday,August 29,2016 3:34 PM To: Anthony Pires Subject: RE: STATUS OF CELU20150008262 Tony fyi, The Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time, Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Monday, August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Hello Mike. Could you kindly advise of the status of your review? Thank you. Tony From:OssorioMichael (mailto:michaelossoriot colliergov.net] Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APires@wpl-legal.com> Subject: RE:STATUS OF CELU20150008262 Good morning Mr. Pires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APirestwpl-legal.com] Sent: Thursday, August 18, 2016 1:59 PM To: OssorioMichael Subject: STATUS OF CELU20150008262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use rgulations and the use of the property variously known as 9020 Gulf Shore Drive(Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4th of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted im by employees and/or patrons of the Beach v Q spaces designated for the use of others. letter for the Beach Box Café For your additional information, recently Mr. Bost issued a denialBox in p Administrative Parking Reduction (APR)-(see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires& Lombardo. P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires©wol-leoal com Firm Website: www.wpl Ieoal 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. 2 Complaint Status - CityView Portal Page 1 of 2 GMD Public Portal 8 A Complaint Status Complaint Information ass Nni.ee; CEt WC15000B291 Stens n,,trt Isnot .aur.trse tiesenpt+on. Pics c!aures obse+Vld al this 1,4.11.3,1,ne:e Jenne.is r5 ict alts ci Conmplaint. 9020 Gulf Shore Drive Beach&:n raft; P::;pe t;`)'r.ne S'a1I Sai'e o'AG'UNA.2ORi>OAa tic'1 Lcca0riis. 79122440003 9020 Gai Slime uk _ Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection Non Compbant 7:20!2015 07;20/2015 Re-Inspection Non Comppart 7,5/2016 CC':07.2C•16 Re-Inspection Non Cbfnoiiart 612!2016 06,02-2016 Re-inspection Won-Compliant Sit 1/2016 05;11!2016 Re-Inspection Non Comoltent 4/25;2016 04,25.2018 Re-Inspection Non-Compliant 412112016 04;71.2015 Re-Inspection Nen CTm�ifant 4/4/2016 154,04'2018 Re-Inspection Non CtxnoSSam 3.'24!2016 _3,24,2016 Re-Inspection Nan(,)mphant 2:23/2016 02.2412016 Re-Inspection line CSmisl,ant 1/22/2035 CI 28.7016 Re-Inspection Non Cmnoliant 12;2212015 12.22.2019 Re-Inspection Non-Compliant t1;1312015 11 23 2015 Re-Inspection Non C-oeolient 10/23/2015 10:232015 Re-Inspection Nun(00111ant 9;25001 S et to:252,'115 12 00 Cl' Re-Inspection qtr.C-.mpuart 9,25;2015 an 08,28/7r,l5 12'00 AM Re-Inspection Ncn-Compliant 8,7,7015 at C8.07+131t. 12 00 am Re-inspection tion Compaant 7:22!2015 at C7.22':015 12-00 Ata Re-Inspection JJ,r s':c an't 6,30,2019 at C7,01'2015 12:00 AM Re-Inspection .i/gar; e 9/2015 at [6.09.2019 1200,A'r Re-Inspection 'u: C=..„ •ant 5:262515 at CS,26;2019 12 00A7a Initial Inspection at., s r . , :3:5 423-2015 a; La•23,.(915 12 00 013 EXHIBIT G http::'/evportal.col liergovnetrCityV iewWeb/CodeEnforcement/StatusReference?referenceN... 8/7/2016 Complaint Status-CityView Portal Page 2 of 2 8 A Correc?io.^..s Ci.necaa.7: Prr r hftea Joe Status: Outstant:ng ate Stat.Ic Cnanged. 04 23;2013 Ccrvner.ts must cease ail use at any and all ar,:Oertp other Wan property Sdned for use as dent,5ec in Ordinance 0441 as n,enaefi,Setlior 2 Oa.03,rabies t and 7 AND OR Remove wooden picnic tables Lim iirmproved property and or prnperty egu--ated by an approved Site Development plan and the intended ase n accordance wain Section 10.02.03/8;,5; and/or Intended allowable uses in 2 04 03, Tables 1 and 2 Re-Inspection Pendry g 10;„2016 ,_..._._..�. http://cvportal.colliergov.net/CityViewWeb/CodeEnforcement/StatusReference?referencey... 8/7/2016 5 B v . . 4 rte, t v gym_ v: 2:0.*:,.,k.... fttio ,Ittillii›..10,.' t p2!).. .-' ,,,c*i'. .' ..'i..7' -', • • _, VIS 1 &p E z .. Y . i: F- i:-' .rti'':;5- - ` 1 - .• ":4,. `. - 4 _ r - I .. _ - 0 -. as oft i Ger • I Fr .,,',H*,,, i-i.: 1 ,...., .1„,.v...T1 .,,,i,... iii,it . .e•''. ' : II :.. r t i ,t v ,'° I N4, �I 1 y .f� � E i' 4 fir. �-- -v s /s; • '.,{'• q"4' ii.iI. 4'i • Ise,'•-5' '.tr +' t)5• ,R✓ , . kM i i 14 a.t • y F �I.yf{•r rt < ` ' f •taw: .' ;� r. 4 17. �{ , , .. krt�FS i .� , ,'*--.%:.:-.• •,j: !li f k. ,.F fa .y• ,fit••..t .F ..;• �+ r.•. .- tr,.r y ,,> . • : ' n il , , , , , . , „ , lII(( . . ,111 �� ill III 4 i .a _ . 1 i____ ,_. TI - 1 �' •mans Yt' i rr I' . . y c ,, 44,h, \ • .• - 4 •. . . ,QT . -i A. _ • ' • • 8A EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE 8A Anthony Pires From: GossardTravis Sent: Friday,April 03,2015 11:17 AM To: LynchDiane Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive From: WrightJeff Sent: Friday, April 03, 2015 11:16:22 AM To: ChesneyBarbara Cc: VlietJohn; GossardTravis Subject: RE:Code 5461 Hiller/FW: 9020 Gulf Shore Drive Auto forwarded by a Rule Not sure that we need to circulate now...I just want to have the letter ready for anyone who might ask. I think check back every two weeks or so. thanks. Ft**.cf!ts:ttV4r.b4M Sen,f<rc4yf;,, Tt1 25.Nati AM TO:Wrightleff Cc: VlietJohn; GossardTravis Subject: Cade 5461 Hiller/FW 9,024..8atf Shore give Jeff: Per discussion-Code 5461. Do you need response to Hiller now or if we have updates? How often do you want me to check back with you for monitoring purposes? lx per month? From: Wrightieff Sent: Friday, April 03, 2015 7:00 AM To: ChesneyBarbara Subject: Fwd: 9020 Gulf Shore Drive As discussed, I'd like to track this item (and possibly include Comm'r in response). Please see attached. Thanks!! Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5061 (direct) Begin forwarded message: From: "WrightJeff"<JeffWrieht@colliereov.net> To: "Vanderbiltbeach54Pvahoo.com"<Vanderbiltbeach54@'yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached,and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506. 1112 6A Anthony Pires From: ScavoneMichelle Sent: Friday,July 10, 2015 8:50 AM To: WrightJeff Cc: GossardTravis Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff: Reminder update(s)due 7/13/15(Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago, and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle 8A traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 Barb From:"WrightJeff" <JeffWrightPcolliergov.net> To: "Vanderbiltbeach54c yahoo.com" <Vanderbiltbeach54( vahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached,and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506 2 8A Anthony Pires From: ScavoneMichelle Sent: Friday,July 10,2015 2:40 PM To: WrightJeff Cc: GossardTravis; LetourneauJeffrey Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff: Great question-The last response said staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). Maybe once that is answered we can close? Michelle From: WrightJeff Sent: Friday, July 10, 2015 2:25 PM To: ScavoneMichelle Cc: GossardTravis; Letourneauleffrey Subject: Re: Code 5461 Hiller/FW: 9020 Gulf Shore Drive How long will we be providing updates on this? How many more updates? Not sure we have any new info...am copying JL to see if he has anymore info. Thanks. Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5066(direct) On Jul 10, 2015, at 8:49 AM,ScavoneMichelle<MichelleScavone@colliergov.net>wrote: Jeff: Reminder update(s)due 7/13/15 (Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday,June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding:legality of 8 A outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietiohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns,particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 2 8A 239-252-5066 Barb From: "WrightJeff" <JeffWrightPcolliergov.net> To: "Vanderbiltbeach54t yahoo.com" <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Barn mel,VBRA Director. Dear Ms. Bammel— Please see attached,and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506.El 3 Anthony Pires M From: HoagboonJon Sent: Friday,April 22, 2016 7:42 AM To: LetourneauJeffrey Cc: SantafemiaJohn Subject: ,0,de441*pec/fW:9020 Gulf Shore Drive Jeff, Probably too much information,but I figured we could work with it. Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP; has hired Welsh Companies, (239-261-4744)along with Davidson Engineering (John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans. However,a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction,as a result plans are on hold until the petition is heard. ion Hoagboon Code Enforcement Investigator Growth Management Department Code Enforcement Division Office: 239-252-2971 Fax: 239-252-2343 8A Anthony Pires From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive From: HazewinkelColby Sent: Friday,July 22, 2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd:Code 5461 Hiller/FW: 9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239) 784-4682 ColbvHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>, HazewinkelColby<ColbvHazewinkel@colliergov.net> Cc:WilkisonDavid <DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>,OchsLeo<LeoOchs@colliergov.net>, FrenchJames <iamesfrench@colliergov.net>, LetourneauJeffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <MichaelLevv@colliergov.net> Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th,2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent:Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcellaieanne; AuclairClaudine; OchsLeo; Frenchiames; LetourneauJeffrey; 8A BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: Permit SIP P120150002649 is still in active status.The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; Frenchiames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables.They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; Ochsleo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator 2 8A From: ScavoneMichelle Sent:Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: All previously mentioned permits are active and going through inspections,except PRHV20151031301(this permit is now finalized). in addition, two new permits are in apply status. One is for a new sign and one is for the removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would be loud that night. Staff advised them to contact the Sheriff office if that happened. The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP PL20150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone,providing an enclosed dumpster area for roll-out bins, installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the café". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GME) Operations Coordinator From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 8A Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in"issued"status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection.They have also applied for an HVAC Permit(PRHV20151031301),and filed an SIP(PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; Wrightieff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques(Respondent,630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies,239-261-4744)to assist them with their SIP changes.Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794,PRBD20150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a"parking specialist"to assist them in this endeavor.Mr.Marques said that three more permits will be submitted soon.Continuing to monitor and will keep you updated. On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau 4 84 GMD,Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday,June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator 5 Chris Ambach recorded one noise violation on April 27th 2015,at 8 A approximately V �1 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,;John Marquez, who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "Wright Jeff" <1effWr 6 8A Anthony Pires From: ScavoneMichelle Sent: Monday,August 29, 2016 11:25 AM To: HillerGeorgia;HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne;AuclairClaudine;OchsLeo; FrenchJames; LetourneauJeffrey; DeaneConnie;OssorioMichael; LevyMichael Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box, asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMI)Operations Coordinator From: ScavoneMichelle Sent: Friday,July 22, 2016 3:07 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th, 2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: 8A Permit SIP PL20150002649 is still in active status.The outside seating is reflected on the plans.Staff is waiting for the final approval on the permit.With that said, the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables. They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; Frenchiames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: 2 8A All previously mentioned permits are active and going through inspections, except PRHV20151031301(this permit is now finalized). In addition,two new permits are in apply status.One is for a new sign and one is for the removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would be loud that night.Staff advised them to contact the Sheriff office if that happened.The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP P120150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces,providing the required handicap space and loading zone,providing an enclosed dumpster area for roll-out bins,installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the café". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone, GMI)Operations Coordinator From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in "issued"status.They all have an expiration date of 3/20/16,which would be extended with a passed inspection.They have also applied for an HVAC Permit(PRHV20151031301),and filed an SIP (PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator 3 From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive ( o mnissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques(Respondent,630-452-3743). He informed staff that they hired a real estate property management company(Welsh Companies,239-261- 4744) to assist them with their SiP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792,PRBD20150724794, PRBDZ0150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition, they have hired a "parking specialist" to assist them in this endeavor. Mr. Marques said that three more permits will be submitted soon.Continuing to monitor and wilt keep you updated. On behalf of Jeff Wright, Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wrightleff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau GMD,Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, 4 focusing on Thursday through Saturday nights. There are no 8 A new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 270) 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we 5 expect to have an answer from planning/zoning division in the next week or so. 8 A Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "WrightJeff" <JeffWright@colliergov. net> To: "Vanderbiltbeach54@v ahoo.com" <Vanderbiltbeach54@y ahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 6 8A Anthony Pires From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive From: HazewinkelColby Sent: Friday,July 22,2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd:Code 5461 Hiller/FW:9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239)784-4682 ColbvHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>,HazewinkelColby<ColbvHazewinkel@colliergov.net> Cc: WilkisonDavid<DavidWilkison@colliergov.net>, Marcellaleanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov,net>,OchsLeo<LeoOchs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, LetourneauJeffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <M ichaelLevv@colliergov.net> Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition, challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th, 2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcellaleanne; AuclairClaudine; OchsLeo; Frenchlames; Letourneauleffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement provided the following information: Permit SIP PL20150002649 is still in active status.The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables.They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator 2 From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren 8 A Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: All previously mentioned permits are active and going through inspections, except PRHV20151031301(this permit is now finalized). In addition,two new permits are in apply status.One is for a new sign and one is for the removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would be loud that night.Staff advised them to contact the Sheriff office if that happened.The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP P120150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone,providing an enclosed dumpster area for roll-out bins,installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the cafe". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 8A commissioner ler: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in "issued" status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection.They have also applied for an HVAC Permit (PRHV20151031301),and filed an SIP (PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with john Marques(Respondent, 630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies, 239-261-4744) to assist them with their SIP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794, PRBD20150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. In addition,they have hired a"parking specialist"to assist them in this endeavor. Mr. Marques said that three more permits will be submitted soon.Continuing to monitor and will keep you updated. On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau 4 GMD, Code Enforcement Division ` Michelle Scavone A GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; Wright3eff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings,Investigator 5 Chris Ambach recorded one noise violation on April 27th 2015,at 8 A approximately ^ 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez, who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "Wright Jeff" <JeffWr 6 ATTACHMENT BA TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE PAM 8A WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG IL WOODWARD Board CccSat RealEstate MARKJ.wooDWARD Honorable Donna Fiala VIA EMAIL Bovdce ifie6Rm1Esare Board of County Commissioners ANTHONY P.PIRES,JR Collier County, Florida Boaalcasr6ch,coura1; C/O Michael Bosi, AICP and Local Gosennxnc 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Board cao&a Mand P and Family Law Re: OCTOBER 11, 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CAIN RINE A.HUNTER ttM(Taxaoo,) APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFER L DEVRIES PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued JENNIFER M.TENNEY May 18, 2016 but dated May 18, 2015 (the"APR Re-Issuance") LENORE T. BRAKEFIELD AND MATTHEW P.FLORES APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about September 7, JOSEPH M COLEMAN 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), (the"APR Denial") COLLECTIVELY "THE APPEALS". Dear Commissioner Fiala: Today, on behalf of my clients, I have filed a Request for Change of Hearing Date (with Exhibits) as to the above matters. It is respectfully requested that the Request for Change of Hearing Date be placed on the October 11, 2016 County Commission Agenda and that it be heard and considered by the Board of County Commissioners of Collier County on October 11, 2016. REPLY TO: 3 3200 TAMIAMI TRAIL N. ReSpeC SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX :] 606 BALD EAGLE DRIVE SUITE 500 •�t o in Jr. Esq. P.O.BOX ONE MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX APP/Ig WWW.W P L-L E GA L.COM Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs,Jr. 1 84 ATTACHMENT C11 To OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE Anthony Pires 8 A From: Brian O. Cross, Esq. <bcross@gadclaw.com> Sent: Wednesday, September 28, 2016 1:24 PM To: Anthony Pires; BosiMichael; Jeff Wright Cc: AshtonHeidi Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS We too would like it to be heard on October 11, 2016. CIL Brian Cross, Esq. Shareholder and Managing Partner Goede,Adamczyk, DeBoest&Cross, PLLC 8950 Fontana Del Sol Way, First Floor, Naples, Florida 34109 Phone: 239-331-5100/Fax: 239-260-7677 Email: BCross@gadclaw.com Our Offices: Naples/ Fort Myers/Coral Gables/ Bora Raton In an effort to prevent fraud,we only accept wires for closing real estate transactions. Before initiating your wire, please call us to confirm the wiring instructions you received are correct. From:Anthony Pires [mailto:APires@wpl-legal.comj Sent: Wednesday, September 28, 2016 8:33 AM To: BosiMichael<MichaelBosi@colliergov.net>;Jeff Wright<jwright@gadclaw.com> Cc: Brian O. Cross, Esq. <bcross@gadclaw.com>; AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Mike, thank you for copying me and please also extend to me the same courtesies that you have extended to Mr. Cross, et. al.. as to updates. as previously requested in my letter of August 22. 2016. Thank you. Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:Wednesday, September 28, 2016 8:26 AM To:Jeff Wright<jwright@gadclaw.com> Cc: Brian O. Cross, Esq. <bcross@gadclaw.com>;Anthony Pires<APires@wpl-legal.com> Subject: FW: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Brian, The following request was submitted yesterday by Mr. Pires. I have been in discussion with the County Manager's Office and they are determining if the request will be heard at the October 11th BCC public hearing. As that discussion progresses I will provide an update to all parties. Sincerely, Mike Mike Bosi,AICP, Planning and Zoning Director 8A 239-252-6819 -Office 239-784-7461-Cell 239-252-2806- Fax From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, September 27, 2016 3:31 PM To: BosiMichael; FialaDonna Cc: AshtonHeidi; BrownleeMichael; FialaDonna; OchsLeo; KlatzkowJeff Subject: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Attached please find the attached: 1. Request For Change of Hearing Date (with Exhibits). 2. Correspondence asking for the Request For Change of Hearing Date to be heard by the Board of County Commissioners on October 11, 2016. Respectfully submitted Tony Anthony P. Pires, Jr., B.C.S. 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. Under Florida Law,e-mail addresses are public records.It you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity Instead.contact this office by telephone or in writing. 2 8A Anthony Pires From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi@colliergov.net) Cc: AshtonHeidi; KlatzkowJeff Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL;Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me. I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.cam/Citizens/Detail_Meeting.aspx?ID=1016 Item 10.C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.J Tony ATTACHMENT eA D TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE Collier County, FL Code of Ordinances Page 1 of 2R Q 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. 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 8 A 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 N #7‘.9\ 8A / T `�� nv O N• !/ `u° P�� ORDINANCE NO.2010-29 o‘" N /J LIE � THE DOF COUNTY MNERS r,`teoEszWI" i R COUNTY, FLORIESTABLISHING REGULATION RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS 9,- BY „BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; "f PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation;and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses;and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit,which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance.” Page 1 of 4 8A SECTION TWO: Purpose and Intent. The purpose of this Ordinance 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. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: 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 Ordinance 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. SECTION FIVE: 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 Ordinance 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 Ordinance. 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 Page 2 of 4 8A 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. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance 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. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 8A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 27th day of July, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,,BIOCK, CLERK COLLIER COUNTY, FLORIDA 1 .• .11.4_ (A). C,,,,Act, By. g' 1'1 i ,.. .. LiI C . By: id ut/ Clerk FRED W. COYLE, CHAIRMAN Approved to form and h:al s. ` iency: lkk Jeffre i'' . '4\atzkow Count A it , ey This ordinance filed with the y aryof tote's i itit 0 and ocknowledg m hot til '• 18/ day ye-. .w ,' 4174 Page 4 of 4 8A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2010-29 Which was adopted by the Board of County Commissioners on the 27th day of July, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2010 . DWIGHT E. BROCK Clerk of Courts _apGYrk Ex-officio to aoard•'bf • • County Commies.ibzer-s.: 1. M, • By: Ann Jennejohn,' Deputy Clerk 8A RESOLUTION NO.2010- 143 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010-29, THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on July 27, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010-29, the "Collier County Public Parks and Beach Access Parking Ordinance" to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010-29; and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010-29 including the prohibition against anyone parking 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. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 84 (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 27th day of July, 2010. ATTEkT.'.. + .. . BOARD OF COUNTY COMMISSIONERS ':-.".:4),"., COLLIER COUNTY, FLORIDA 3y: Ltr :�r��—� By: W. est +;,,t4- ' dd�� .uty Clerk FRED W. COYLE, CHA AN Appro d as to form and legal s i ici y' -.i QV 1111111 Jeffrey •! 1. kow County • o .y Page 2 of 2 ATTACHMENT eA TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE Agenda Item No, 17G p N A July 27,2010 V Page 1 of 10 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or "Public Beach Access Parking" in accordance with the procedures set forth in said Ordinance. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an Ordinance establishing regulations relating to public parks and beach access parking areas and a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or"Public Beach Access Parking"in accordance with said Ordinance. CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation. These areas, however, are now being used for commercial overflow parking and private uses which is contrary to the intended public use. The proposed Ordinance provides regulations relating to the public parks and beach access parking facilities to preserve their intended benefit which is to provide adequate park and beach access parking for Collier County citizens and visitors. The Ordinance also provides the mechanism by which the Board may, by Resolution, designate certain areas owned or leased by the County as "Public Park Parking or Public Beach Access Parking." The proposed Resolution designates the following County-owned or County-leased areas: (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and'or required. (2) Any and all Collier County park facilities. At its May 25, 2010 meeting (Item 1608) the Board authorized staff to advertise the proposed Ordinance for future consideration. The proposed Ordinance was advertised for the June 22, 2010 meeting but continued to July 27, 2010. FISCAL IMPACT: There is no fiscal impact associated with the action. GROWTH MANAGEMENT IMPACT: Community and Regional Parks are inventoried in the Growth Management Plan. There arc no further impacts. LEGAL CONSIDERATIONS: The proposed Ordinance and Resolution were drafted by the County Attorney's Office and arc legally sufficient for Board action. -JAK Agenda Item No. 17(8 A July 27. 2010 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopts the proposed Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approves the companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or"Public Beach Access Parking." Prepared by: Barry Williams, Director,Parks and Recreation Department 11 Agenda Item No. 17G 8 4 July 27,2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item was continued from the June 22,2010 Board meeting - Recommendation to adopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas.and approve a companion Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in said Ordinance. Meeting Date: 7/27/2010 9:00:00 AM Prepared By Tona Nelson Administrative Assistant,Senior Date Public Services Division Parks&Recreation 71212010 9:44:24 AM Approved By Jeff Klatzkow County Attorney Date 7114'2010 3:44 PM Approved By Maria Ramsey Administrator-Public Services Date Public Services Division Public Services Division 7/14:2010 4:34 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Acmin. 7/14/2010 4.42 PM Approved By Barry Williams Director-Parks&Recreation Date Public Services Division Parks&Recreation 7/15/2010 8:13 AM Approved By OMB Coordinator Date County Managers Office Office of Management&Bubaet 7115.2010 10:15 AM Approved By Sherry Pryor Management/Budget Analyst,Senior Date Office of Management& Budget Office of Management&Budget 711 5/2010 12:40 PM Approved By Leo E.Ochs,Jr. County Manager Date County Maraaers Office County Managers Office 7i18!2010 4:22 PM Agenda Item No. 17G July 27. 2010 Page 4 of 10 RESOLUTION NO. 2010- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010 - , THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on June 22, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010 - , the "Collier County Public Parks and Beach Access Parking Ordinance"to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010 - and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010 - including the prohibition against anyone parking 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. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 Agenda Item No. 17G 8 A July 27, 2010 Page 5 of 10 (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ._ By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN App oved as to form and lega,suffic -ncy: Ilit firi Ira A it Jeffr=7• . ,,:tzkow Coun"7 Att. t ey Page 2 of 2 8A Agenda Item No. 17G July 27. 2010 Page 6 of 10 ORDINANCE NO.2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health,welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of 4 Agenda Item No. 17G 8 A July 27, 2010 Page 7 of 10 SECTION TWO: Purpose and Intent. The purpose of this Ordinance 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. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County,Florida. SECTION FOUR: 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 Ordinance 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. SECTION FIVE: 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 Ordinance 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 Ordinance. 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 Page 2 of 4 Agenda :tem No. 17G 8 n July 27, 2010 Page 8 of 10 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. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation and shall he 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. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 Agenda Item No. 17G 8 A July 27, 2010 Page 9 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida, this day of ,2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE,CHAIRMAN Approved as to form and gal s ff,iency: L. �r _iwL 1 IIViaw. Jeffre'I,•L . tzkow Count 1• • i ey Page 4 of 4 Agenda Item No. 17G " A July 27, 2010 Page 10 of 10 20D • Sunday,June 6,2010 • Naples Daily News ORDINANCE PETITIONS ORDINANCE PETITIONS NOTICE OF INTENT TO CONSIDER ORDINANCE • Notice is hereby given that on lune 22, 2010 in the Boardroom, 3rd Floor,Adminis- tration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Of COLLIER'COUN- TY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPUCABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND-IMPLE- MENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on tile with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. In- dividual speakers will be limited to 5 minutes on any item. The selection of an indi- vidual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the • Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure'that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deptart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112. (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.FLORIDA FRED COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Polaski,Deputy Clerk (SEAL) June 8 7010 No1858223 BA ATTACHMENT F TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE 3309371 OR: 3460 PG: 1484 RECORDED in OPPICIAL RECORDS of COLLIER COPT, 1L 12/10/200 at 11:22U DWIGHT I. BROCK, CLIA RIC PEE 208.50 COPIES 46.00 WE: CLIIE TO H EAU This Instrument Was Prepared By, IRTEROPPI E 4TH PLOOR Record and Return To: EIT ?240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 G Tampa, Florida 33601 f nssERv®7 AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS I This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the leday of WWQ4Er , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County") , WCI COMMUNITIES, INC., a Delaware corporation ("WCI") , and HMC OP BN LLC, a Delaware limited liability company ("Host") . I. Background. -' \\'.V` t ()/ On or about April 13j' 82 Coral -1200i%. Collier Properties, Inc. ("Grantor") executed and;delxvered a Quit-Cluifi-Deed (the "Deed") by which Grantor conveyed to the/County-the,parcel of land described in Exhibit "A" attached hereto ('Bead{ Ar,'cei E te".) -aide Deep} was recorded in Official Records Book 966, page 1864,,, i ` e la.ra IZe ort�s of Collier County, Florida. Pursuant to tt} e sa�f t )D d k e Beach Access Site was conveyed to and acce tedb t e14C urh¢y- b ct to Certain restrictions, Y P �, reservations and prote t 46 eBadt i et .inrt1} jn the Deed, including without limitation thestrictions, resOtrvatlon5 and protective covenants contained in the Decl&r,.tion of Restr ,dons S rd Protective Covenants attached to the Deed as,�.1,',�'k ibit "A" the' 'et.55/1 the "Declaration") , which Declaration was recorded\4ij-Official Recorda\B' ok 966, page 1866, in the Public Records of Collier'Cdattirt .-_1~lorid \\/ 1!/- , Ot; ,= On April 19, 2002, the County-€- -i1dd an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02-1562-CA (the "Litigation") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. 8A OR: 3460 PG: 1485 For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz-Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage_tolkaR rf equivalent to that of the Ritz- Carlton Garage; however, i ��d - e maximum number of parking spaces exceed 350. Simulia__ iGsly with th agnstruction of the Parking Garage, the County shdl4;/also, at its sbe `\,expense, construct and maintain a trellis-like s1 r ttfre._on ther__top level of the Parking Garage equal in quality and Sim.tlaf'i �appearande to .hat. of the trellis on the top level of the Ritz-Capa g\ec mmencing any construction relatingto the Parking ,�ars J+d,t the omit r dl submit to WCI, for WCI's _ approva , which approv sa � be ,unre s�nb withheld, all plans, including the designs ,,,J$ apfhg aid:7Plig Wig',:.,,fpr the Parking Garage and trellis. Within' a..`reasonable tim§ after receipt of the County's proposed plans for the,,Farking Garage, Ishall` review said plans and shall notify the County4h,writing of WCrJ,/� roval or disapproval of said plans; if WCI disapp`r¢\5'e said plans, shall notify the County of the reasons for such disappx'val and..sha}1Zsn 'gest revisions to the plans which may lead the plans toAbe laecdptiAke 'to WCI. WCI may not withhold consent to any proposed design plans bn the basis that the building area of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges OR: 3460 PG: 1486 8 A and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under ', the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive Byn - SEr Florida 34134 /�+t � ca stings �, e1ephone: 21B, 4VV-8213 L'Telecopier: 239 498B277 With copy to: i It n ,�Wea r, Miller, Weissler, Alhadeff I ! 1� I Iii ��1 iE 1:17.4 teet. lr k ''�.) \a •-!Fda 0 -, ,,. Attn: Lawre a f. Baz`l'in, Esq. \, \. \ Telephone: e~�34(2 -4,600 4' Telecopier: C5/x ' 55089 In the case of �F // - `' the County: Coir fifi (C'cii�h y--1 Attnc`4ar1a Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: _/_- with copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8`h Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 • 1 OR: 3460 PG: 1487 8 A Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days, " unless otherwise provided, such reference to 'days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI S, C.,, a Delaware co--•oration /) 1124,4— a ren z �L. 110 Print Na e: f'�; K i�r n. "q �j3' �L� ftp (��---_ 04170 t I ATTEST:- > 'E. (SR CrE- J a political �)) s •di Rs o ,ofc the State of •By, :Ole- `;t:% ,. �-y , Clerk Attest it to.�lNt .i By: signature-00y; `-- c+�1NNING, Chairman �' (1W-- i1,48-03 Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its. Print Name: I App ved as to fore 1e e1 sufficiency As, County Attorney Ellen T. ChedMMll OR: 3460 PG: 1488 8 A STATE OF FLORIDA COUNTY OF CObLICR ,�T,h,,e,,,,,foregoing instrument was acknowledged before me this '�h day of NSofY�[L , 2003, by �7C'bt (Z , as �o.nirj\Jt( �of WCI COMMUNITIES, INC., a Delaware co oration, on behalf of the corporation. .. /she is personally___ awn to me or has produced as identification. A. Pri ted Name• ( (C,l1 S EjGh Notary Public Serial Number (if any) : 11)Ig1(Ni My Commission Expires: (NOTARY SEAL) Q ( ffMENJ3h.0000N Notary Public. d of Florida STATE OF FLORIDA 'k'L,f Myc n0 ;5l oepD1 10 tatereil/.� COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP BNC LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me or has produced as identification. LR Cep (17 Printed Nam c ,Notary r.publ i , ! S, ial` t mber'\ (i\f any) : ( • /n(le A r� > �1;xp res: f` Y S '� ' !� I:\w-re\36190\005\Aod ResCov-- .doC �- 10/26/03 1 ., Op f i`S ---,tin-- (_ �, 1 NCI LEGAL Fax:239-498-8227 No 16 2003 15:10 P.05 V OR: 3460 PG: 1489 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain.in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed . _ Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two witnesses: WCI COMMUNITI S, •C. Delaware c orat•'o I IvirA Ix4 • nt Na'-, WiIll Pr n � -INA( Aa- ,.._.. • nt 1 In &. ATTEST, 0111 S. BRO��IC,CL ( • L SR • P .. • c 1 s •di,vi i.. ..! he . t r`• y, lye s . . /1 N. I Riot at flfi: trif. BY sigilittirt 0411.0-..\' TOM KENNING, chs- ,*..: - Two Witnesses: Op' . k.-D. ware limited liaa3ilit v ,(/ Y print`ane: II IS Pr nt Name: Q gw iLl g Its: • A A 0ItD t'1&Q/1l., Print Na$:fyy-tYi1k tiL,r n 14 MCI LEGAL Fax:239-498-8277 Nov 18 2003 15:11 P.06 8 011: 3460 PG: 1490 STATE OF FLORIDA COUNTY OF COL7dUR The oregoing instrument was acknowledged before this of ,6L`C S, INC.,byCaC �. �+o p wCI COMMUNITIES, C. a De aware co orat�oon,meonorbeh�f produced� e corporation. lip/she is p 11�_ � as identification. liWIC Pri ted Kane .L__6.C+- s Notary Public Serial Number (if any) : tbRi(a.3% My Commission Expires: (NOTARY SEAL) KMU'k•0000N Cowin.Me.W4.2007 7.I. STATE OY FLORIDA COUNTY OF COLLIER The foregoing instrumypt was arygrnowledged befor me this . f day 2003, by r +I1195(V1 , as V,GL' M f CYlf of ������,��,,. Q�t on behalf of the of OP RNC a Delaware li'>ll lint-,cL J/ , has produced company. He/she is personally , tiP produced cP ,' , 41- . -- 1 1 i I I'_1u1: ,Pri. ed Name:- fne/ 51 JNotary Public--. ` / C s n ii )' V )1.... • . • A. .i v j o 1 •.i.;.',-r `x���' - NOTARY PUBUC " }TE •F 0 siTisK� l`okQIs1 ■.■�.-wciow pri 06 Ce dCV_ `'•` My Commission s ti••1 r I. V/j��' 1 Tii CIRC OR: 346Q FG: 1491 8A SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is entered into this day of November,2003, by and among Collier County ("County"), WCI Communities, Inc. ("WCI"), HMC OP BN, LLC ("Host")and The Ritz-Carlton Hotel Company,L.L.C.("Ritz-Carlton"). Host and Ritz-Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County,Host and Ritz-Carlton on the use,and the terms of use,of the County parking garage after Closing Time (as hereinafter defined). RECITALS: 1. On April 13, 1982, WCI's_predecessor in interest conveyed to the County an C()-- approximate 5-acre parcel of pro V); •ch Acces • ), * a quit claim deed("Deed")which was subject to a Declaration oflRe ons otec e Co nan ("Deed Restrictions"). A copy of the Deed and Deed Restri;ltio 4• ""• ,,�• "t' 'A." It .. , 2. On April 19,\ � �� a . •: i ;v uit court in Collier County, Florida, styled Collier Count ap*CI Communitie tic1,�se71o. 02-1562-CA ("Litigation") seeking: (1) a declaratory judgm the Court allegations of the invalidity and unenforceability of the Deed Restrictions o1 c Access Site; and(2)enjoining any'further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with,the Deed Restrictions. -1- 8A OR: 3460 PG: 1492 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4-story parking garage on the Beach Access Site which would exceed the 20-foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes,both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing,enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation,and accordingly,enter into this Agreement and agree upon the terms set forth herein. NOW THEREFORE, in consideration-o£_the foregoing Recitals, the mutual promises contained in this Agreement,and otfi`¢ od"aiid k9/ration,the receipt and sufficiency of which are hereby conclusively adk7owledg d.the parties hereto stipulate and agree as follows: 1. Recitals. The p.r" r�Eals';are true and correct and are incorporated herein by this re e ' ,1 2. Amendment of\DiRestrictions. The r>ity `y agrees that it is bound by the Deed Restrictions which are the s the LitiJigio, l,ii6h.aneously upon execution of this Agreement,the County,WCI and Host shalrexxeute n amendment to the Deed Restrictions in the form attached hereto as Exhibit"B" which shall then be recorded in the Public Records of Collier County,Florida. ("Deed Restrictions,as amended.") The County agrees that it shall be bound by the Deed Restrictions,as amended. 3. Construction of Parking Garage. The County,at its sole expense,shall be permitted to design,construct,and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2-story parking garage owned by Host and operated by Ritz-Carlton -2- 8A OR: 3460 PG: 1493 known as the Ritz-Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz-Carlton parking garage. Simultaneously with the construction of the County parking garage, the County shall,at its sole expense,build a trellis- like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top level of the Ritz-Carlton parking garage. All plans, including the design,- landscaping and lighting for the County parking garage and trellis shall be subject to the prior review and written approval of WCI, which approva_will_nQt be unreasonably withheld. The parties hereto acknowledge that the County Parking n iTexc ► ea(square footage)of the Ritz-Carlton Garage,and nothing contained�ein illhe.coustrued as iimiting$he Iding area of the County Parking } \- en, a maximum number of parking Garage to an area equivalent to/that/0 ,- 'i t•, i i ; t � spaces in the County Parking s,all r v rxc :• s. 1 4. No Additional,P-arking on Site. The t gjnty 4gr s Ipat there shall be no additional parking spaces(beyond the max4 umber of 350)eve 'K ,Yi-ucted on the Beach Access Site, and that no additions to the County pgig_ar4gdSalle made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure of Parking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown ("Closing Time's). 6. Use after Closing Time. Notwithstanding the provision in paragraph 5 above,upon reasonable prior written notice to Ritz-Carlton and Ritz-Carlton's prior written consent, which consent shall not be unreasonably withheld,the County shall be permitted to use the parking garage -3- 8A 011: 3460 PG: 1494 after Closing Time during limited special events,such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar year. The County's written notice to Ritz-Carlton seeking Ritz-Carlton's prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz-Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent, which consent shall not be unreasonably withheld, Ritz-Carlton shall be granted a license/permit to use the County parking' garage after Closing Time for valet parking for Ritz-Canton's limited special events. For those special events when Ritz-Carlton uses thef. Coup.nty- [///�r■■kiing garage after Closing Time.Ritz-Carlton shall pay to the County a usage � .. ,�•.I I/car, or 4 t 00 per event, whichever is more. Under no circumstances will this •-: excee•. t.10. e n ber of special events for which the Ritz-Carlton may use the ar ' • ; .t= : "� , . ;47h not exceed twenty-five per 4 , calendar year. Ritz-Carlto s. - 4. •• r• , c....... s ei g the County's prior written consent for use of the County` ng garage after CIT _ all be sent to: Marla Ramsey. f Director of Parks and Recreati ,> 00_Santa B ;4. •' ulevard, Naples, Florida, 34116. Simultaneously upon execution of this Ape , i -Carlton agrees to execute and deliver to the County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits,variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. WCI makes no representations or -4- 8A 011: 3460 PG: 1495 warranties on the prospects or likelihood of the County obtaining any permits, variances, or other I governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Agreement,and they shall not be bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire Agreement. There are no other agreements,promises or undertakings between- or etweenor among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this Agement,No alterations, changes, modifications or -- \ ,R Co .,& amendments shall be made to this Airy, i t,except i tjsand signed by WCI and the County. /C I-•\ 10. Dismissal of Lid gatjbfi m tanegu 1 pon e ecu on of this Agreement,WCI and the County shall execute and/file'. i o ` t T• judice of the pending Litigation „ t, �,1 in the form attached hereto ', • ,i`�. ,,v 11. Survival of Te 1 terms,conditio ;: qbligations set forth herein shall survive execution of the Deed Re as amend_�d;-ao{`t dismissal of the Litigation. j --Tv Li 12. Severability. Should any prVisio rnfthis Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. -5- OR, 3460 PG: 1496 8 A WCI COMMUNITIES,LNC., a Delaware corporation By: 1 ..1 A 'r1 Name: Lt �1'�a�' ' ' Its: I__ A 1"1 tST: DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS OF COI I.TER COUNTY,FLORIDA By: Deputy Clerk �• HENNING,Chairman r-NVV COUk� Li ../._.... HMC OP BN LLC,a Delaw r 'te. :SSES: liability company 'C T' �- '• Name:(, 4 4?M rr 1....L.0-i YJ y 6/4//?/ Cv Name: tA- + A 44.-, .ar , C1V. Its: L/ I THE RITZ-CARLTON HOTEL COMPANY, WITNESSES:: 7At,. L.L.C. / J �,/- i Print Name: R- k.„-tti- R- Wei`4tV'\. ("kk3 I ':7;f/ / '1 !/vxi' r/ % Print Name: By. *--.. .•------------- /f Namh R_ Rehniann Its: ive Vice President & /Chief Financial Officer -6- Appr ee as z.:7_ Sial Sufficiency ;: tent County Attorney ides T. ChadMel i = 6A eve75 , ' � • 007 8i 932 Z IR I N t :4.... 0009i; C 0D 14wf � ;Ji(i` t�ERQr=J OR POCK 4� QUIT-CLAD DEED • This Quit-Claim Dead, executed this 13th day of April, 1922. by CORAL RID -COLLIER PRC+PERTIE33, INC., a Florida corporation hereinafter referred to as GRANTOR, to COLLIER COUP, a political subdivision of the State of Florida whose postoffice address is Collier County Goveanent Complex, Itaales, Florida 3333942 hereinafter referred to as GRANTEE: (Wherever used herein the teems 'GRAtfTDR' and 'GRANTEE' shall include singular and plural, heirs, legal representatives, and assigns cf the individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) VITNE_3ScTH: That GRANTOR. as a gift and in fulfillment of its obligations under the Pelican Bay PUD Ordinance (Collier County Ordinance No. 77-18. as amended) and the U.S. Amey Corps cf Engines. remit"_ e. 79t;-0282 (November 1E, 19661), as o recorded in Official Record3-B oh F+ri.. 824 through 182S, inclusive, 3f the Public Recordscf Co �jrn s hereby mise, release ar..1 quit-claim unto Gii:.HTE �✓z a right, ti, � st, clefs and deman,: which GRANTOR has in and ` - cilowing describe �Gt. iece or parcel of land, situate, lying and yel g' n the County of Collier, Sta of Florida, to-,r'.t: / A portion of Secti n �h{p drseu h, Ra 2S East, Collier County, ;', State of FlIirid , as o . . ,icular desc.-bed on Exhibit 'A' to •' Schedule 'A' at- O' -• ,. \SubJect to: L 1) Taxes ani' as •-Cent f.r 9e ubs\ > t ars; Q.1 • • 2) The: co n` 0.- ARA,. OF •:t`• I ..". _ Nt4 Cr ECT:Y_ COYEeAXTS �- -` ('RES RIC IO ) ttached hereto and e a •ar- h . of as Schedule 'A'. 3.) The reser - r GRANTOR of ANTCR to t ` ch-' in fill activities as ori- - permitted 4n t• U. . Army Corps of . Hee Permit No. 15K-O252 0` -- (tiovesber 16, 198 . rj� \ b 4.) The reserved nigh, of t+F� l tpp s ct a one-hundred twenty (120) G] parking space facility, •ti et ar:' of Pelican Bay PUD Ordinance Section 13.5(D.) (Collier County Ordinance No. 77-18, as amended), including but not limited to such construction-related activities as site 0..o preparation, paving, drainage, curbing and landscaping. v - 5) An Easement reserved to GRANTOR and the PELICAN BAY IMPROVEMENT OISiRICT (P.3.I.0.), its successors and assigns. to construct. operate, maintain, repair, replace or rebuild drainage structures and water And sewer utilities in, over, on and above the property, with the right cf ingress and egress. GRANTOR or P.8.I.0. shall repair and/or replace any area which it may disturb, damage or destroy in the construction, operation or maintenance of said drainage structures and water and sewer utilities. - 6.) An Easement reserved to GRANTOR and the PELICAN BAY INPROYEMENT DISTRICT (P.B.I.D.), its successors and assigns. for that parcel of land as ?are particularly described in Exhibit "'B'- to Schedule 'A', attached hereto and lade a part hereof, for the operation and maintenance of-m `uter. • sanagement 'purposes. _ k - -- AGEND"I clivi ,, k E This instrument prepared by: This document accepted by the lion April 13. 1982. �7 Deter D. Hecht ,:L. AGCE l—`h,' 5w Pelican Bay Blvd. BY: �- I 4 la t 0.104 Naples, FL 33940 V. Mag- , . RECORDER'S MEMO: Eegibility of writing, typing or printing P,Qe o, _ i unsatisfactory in this document ; when received. — ( lZ . - ...: ... ........„, . - 8 A - 0C0966 OO i a65 DR BOOK PAGE S •I7,,,ki 'A1eY`TIMI:11C PARCEL De":i`z+ ISED 'IOf EXuI31T `A' IS USED 'fiR Lri..ER TY..Ati*. PLMLUC BEACH ACCESS PURPOSES.-THE PP.RCZL SHALL AUTOMATICALLY REVERT TO RAKTOR: 10 HAVE AND TO HOLD THE SAME together with all and singular the cpurtenareas :hereunto belonging or in anywise appertaining, and all the estate. right, title. interest, lien, equity and claim whatsoever of 'Z AOfTOR, either in law or equity, to the only proper use, benefit and behoof of GRANTEE forever. •• IN itITE!S WHEREOF, CORAL RI0&E-CLLIER PROPERTIES, INC., a Florida corporation. has signed and sealed Leese presents the day and year first above written. - Signed, sealed are delivered in the presence of: CORAL RIDGE- LLS�t� Pr-' '•' . dl.-..._ 1 . ( ?rrr�01.- BY: — . ../...: :-----;•:- t.. i ' Ross P. Oh ey, Pr-sider. " t .C t-"....•1l Y 1 Cite 6•P._ 'e„ > TES -‘,......._.9----2. ..:.,,,:_:"moi�r 4 Ty�ouis •egs: '. e:, Ass , STATE OF FCO ..137--- DA . \\ I HEREBY TI, .lo - n difficer duly au:hor1:ed in the State afo d .• ti. y. • ` id ito take a`tnowie�' ents, personally an. d OS- P. •' -sid ryt ii.cf Coral Ridge-Collier O • Properties, filo ,' n .. ! the n esti i bed in are who executed - the foregoing+) .strursent an• he ac ,•wieo .. be ' tee that he e-eccted t re •- . WITNESS n and official seal • .y a::d State last af,;,resa'd., this 13th day . '•' , 1982. . ._._ � ti Xotary dodo -� o �� . . _ I--+ • My Commission Espies: '.-, .Q Oo r:cur rustic s-.ArE sr to...A .'S:' rwrCcNwtSsurisxr.rs,N.^!: - C K..r=.E:.i,LJ CMZ3). trb.uzz-cw1.1: I AGENDA(TEM • I MOV . .� 2[1w7 RECORDER'S MEMO: Legibility 1 J ' S 70 ` 1 • . of writing, typing or printing I i unsatisfactory in this document i _ when received. -- _. aae . of _. r. 0OC95S 001 8 ,5F OR BOOK PAGE DECLARATION OF RESTR:CTIOttS .AKD PROTECT:YE CJYERANTS FOR A PORTION OF SECTION sz, TOASHIP 48 SOUTH. RANGE 25 EAST, C1L_IEx COUNTY. FLORIDA This ;declaration of Restrictions are P-,ctec:;ye Covenants made this loth day of hpril, 1gir. by RAL RIDGE-uL_I PRO?ERRTIE,S INC., a Florida corporation. WITNESSETH : , CORAL RIDGE-COLLIER FRDPERTIE, INC., a Florida corporation, presentl,, having its principal place cf business in Collier County, Florida, the record owner of the PueLIC BEACH ACCFSS SITE as described in ARTICLE 1 of this Declaration, desires to create a quality -level t -ice covenants, servitudes =rs• with restrictions, , iaposi.iant, easeaersts charges and liens as hereinafter set forth for the preservation of the property values of the _ OW/IRS therein. Kffa', TP.Eat'EFDRE, RAL RIDGE-MI-L.1.3. PROPERTIES INC. declares that PUBLIC SEAZN ACZSS SITE or any portion thereof as described in ARTI .E I of this Declaration snail be held ,�,f r.ed` cls cors_ ed and occu. subject the restrictions, covenan s Vic+ yd i n -s, arges_t to I liens here Ina-,.._r set,i t --- ."7 °S�`•cas, nse�rt charges are 'c OT i COYEm real Pro:P "'f�"'seh.lect to this D �T_Q N CF RESTRI CT:DX:3 ANC fe CTE and made d pa ' er 0 that real property desc bee yn Exhibit 'A', attached The followLoh O meanings_ .lilt. De11(r) 1 have the I1-,r nc 1. •PUELIC` 13 `}r4 ACCESS I SITE' she,` a r,ifer to a Fortion of e"`. _ Section 52, Town , South, Range 25 E'l�1 j lour-ty, Florida. as core particularlydes^ .�C E_hibtt `A', �t attached r+e p and wade a part hereof. C" INC.,2. "DE ,AVI T' 't.baloy. and rerr . 1R: E-�"7.LLI R FROF i'I.�-�-, 4-11 sec, ' a Florida Ca^;,o,a , in Collier County, FIorict; <kf � � ''r'`s Frig ion. place of business richts under this Declaration. s-2nd assigns of any or a?? of its h� 5 'Oktir�' shall wean j '�' entities who are the record nd refer to every person or persons or entity or tt) owner a; a fee Interest ',n leaLIC E rr" S �G SITE, their heirs, successors, l tl g AC: A__ti� legal represcrta..ves or assigns. • • ARTICLE II SENaAL RESTRI TIOxe 1. ILSE RESTRICT,IONS. a_) PIELIC BEACH ACS SITE day only be used for the operation rf a _ _ _ r public beach access site as l attendant facilities. iiuling but not li 's" mit <�....� . rea • ti, such facilities as paring, beach recreation, nature trails, obser4ratlr'¢ � G}''�i{l�l i as, dune walkovers, beach sun shelters. restrooms, and beach equ pge.nt • ''` I storage..b.] That portion of rirA R ",T 'l�_ C BEACH ALS S SITE as more par icp1eriv�•`Y' * t i described an Exhibit tttacise: hereto and made a part [ used for only passive rec:-a�ional purposes, i_ncludtrg but.no tlimiteds tb during— f., e waTkomrz, beach sun shelters,- rest�ms: and 'beach a ui -.51:01,-.:,z., Provided, however, public s pnent cf P _IC !EACH ACCESS SITE as rx� shall not be a permitted use to that icri777- -- ts more particularly describes on Exhibit 'C'. NO. ir Q RECORDER'S 1�'S MEMO: Le•,ih;I;il f of writing, typingOr printing S:ns i y LCL. ; unsatisfactory in this document Ps>e ' i act- when received. OR0009E5 091357 BOOK F;ZE ._ c.) No building, :tracture, facility ar other improvement snail Ce pieced . • in PIZ IC BEACII ACC.LSS SITE unless and ental declarant has issued it: prim writtan approval. Ito food or drink concessions shall be 7ermittec wit:.out - • DE ARANT'S prior written apprvval. - d.) Vehicular access to the parking lot at PUBLIC BEACH ACCESS S:TE snail • not exceed a single entrance and exit fres Vanderbilt Beech Road (S.R. No. 5-862) without DE IARANT'S prior written approval of a plan submitted by OiNER for additional a:cass. n.) All facilities. parting acts and transportation systems serving • PUBLIC BEACH ACa SS SITE shall only be open and accessible to the public • - during daylight hours and smell close within one (i) hour after sunset. All . righttise uses shall be prohibited by OWNER Except with the prior, written approval of DECLARANT. f.) O131ER shall provide water maragment areas for the PUBLIC BEACH ACZ.;SS SITE in accordance with the requirements of Pelican Bay ararovenent District (P.5_I.D.). Surface water drainage and management, ircluding but not limited to story water storage capacity, shall conform to the overall water manaoe:aert requiramnts of P.H.I.D. and meet with the approval of DEC'-ARAPiT. 2. BUILDING S ThA3". LINES, SIZE OF BUILDING, SITE RESTRICTIONS AND BUILDING HEIciT. --''` ,r-`kms-� a.) Tilt ear�1'`/`,res "o[`�--� j l,scr._tture5 or ;,aro ng areas shall be forty (40) Jj the soutnerny+p) e .\l'ne and twenty (20) feet frcc • the northern,dJs.ern property lines. N • `` r — - b.) Ito/rbu;1�Ing�r fac'14 y- i.n.P'y;3LIC B- A3 2SS SITZ shall e-`a^^ lOGC square fee: per/st 'c-ur ..-� \ c.) he e� - _ ••e ail ' na tltched structures shall be one-half 1/2)lrt. s= of th it I....5 b ' • 1 ss than twenty (20) feet. "` <.- `r iO ' any k nd sha rce^ `.O d twenty (20) feet in _ height)ab0Ye•-1thished♦grade of the 'e. k { 1 ' ` J LJ 2. LASDSCA',I�ja'r�\ _. '/ r� il\ et `ion in PUBLIC BEA�ta ...i.SljS:TE shall be left in its O native CM )state.\`,1, �' when ra=vat ofa,I'n vegetation Is necessary, a plan • for such remora i try-1 sisal' 1,,...e.--1:k..ap�t,.ea to DECLARANT forits prior. GI written a::Prcval- lit (`11Z.L� 7 - b.) All reasonable efforts-stall- be taken to retain the native regetaticn In areas surrounding all structures, walkways, facilities er pared areas a placed in PUBLIC BEACH ACCESS SITE. However, in inose areas, other than paved a areas, where the native vegetation is resored, ONNEic shall r ,lace am maintain such areas as landscaped areas. All landscaping shall, as closely as possible, approximate the native vegetation in the surrounding area. All - landscaping shall be accomplished in accordarme with a plan approver. by DEC._ARANT. • ' c.) Prior to making ary change, variation, or deviation free the =proved master iands..pe plan, OWNER shall firs: obtain DE2LARANT'S written approval cf the change, variation or deviation. 4. VANDErZBILI BEACH ROAD RIGHT-OF-WAY As required by Section 13.3(C) ci' the Pelican Ray PUD Ordinar.ce. the _...,;, .--.. a northern seventeen and one-half (17-1/2) feet of PUBLIC BEACH ACC: S SITE ;,•-a'ri-' ,n.=, -• adjoining Vanderbilt Beach Road (S.R. No. 5-862) snail be reserved as right-Cf-way for the possible, eventual four-laming of Vanderbilt Bea`.*. goad=' -f• 1 by Collier County. Upon demand by DECLARANT, OWNER shall dedicate t:theR.tR northern seventeen and one-half (17-1/2) feet to the appropriate governeetstal i 4 ; ' is ;0 agency as a public right-crf-way. "_ -- — PARXiNu. r ^?; �-ri .} -.�- •� • • S:TE -_; - C=CLNZ;.?lr shall develop a pertion of r'U3l iC BEACH ACC-SS S' to pravice a ter' '' "�C' RECORDER'S MEMO: Legibility i = i 711n of writing typing or printin4 _ x 1 unsatisfactory in this document 'a`' - - . — when received. . — 8A -7-,.-- .__..-t...-.---... -,-._ --- -- -.- Milli61111.1.11L ... 000266 001862 OR• BOOK PAGE si0tmua of one-hundred twenty (120) parking spaces for the purposes of publit beach access. OWNER shall be reseenslble for the operation and mainter.an_e of said parking ==acts. There shall be no overnight parting perei;ed in PUBLIC BEACH ACC2Sa SITE. 6. PLANS. SPECIFICATIONS AND LOCATIONS OF STRUCTURES. a.) no structure or facility shall be commenced, erected, improved or altered, nor shall any grading. excavation. tree removal or change of exterior color or other work which in any way alters the exterior appearance of any structure or facility be undertaken without the prior written approval of DE_.ABMT. b.) OWNER shall, prior to the coomencement of any construction in PUBLIC BEACH ACCESS SITE, submit In sequence to DECLARANT the following materials: (i) a `preliminary concept' plan which shall include schematic site plans, flexr plans and exterior elevations; (ii) 'design proposals' which shall ir:lude more detailed building and site design document's sufficient and definitive in detail so that there can be determined the character, exterior appearance, exterior materials and colors, and the quality and kind of - building and landscape materials proposed; and (iii) 'construction plans and specification' which shall be a true extension of the preliminary cone t plans and design proposals. DEC ARAN- shall. in writing. after receipt cf each required submittal, approve. approve sue.ect t required changes, or erect such pians, proposals and seer s a! submitted to it as required above. Failure to obtain ' I` of all such plans, proposals and specific Niprior to h -. ' •=rent cf any construction shall be deed a to i'�treach hereof and C I shall then have the right, in addition to'a her right permitted by aw o. in equity, to proceed in the courts • c., peer ••atary iniunc:io rec 1ring any construction done without s id writirovat e torn d wn dr, roved forthwith at OWNER'S expense. f �� i c.) The approval, rej cti h ^.g •' . — T y CCLARAbiT cf the plans, proposals a. Alp u ns - 1' _io', • all st irctnres, and every alteration of a sera tom• ..• .str a_•• 1.-.iterated as p a representation or deter= oat ip DE,._ '• 1 any.•• •.1 �,.pl;.bi ng, ___ electrical code or other f'fi }ble gover cental re ation; or, t airements •• . have cr have not been prove i . t by the 01dlEY. O: . sh. it sponsible Gm for gaining all necessary ' n ical data and to apt 'a`,ticn to ands - obtain the approval of Collie/App ty. Pelican Bay Yep Strict, and cr, • • L^y other--appropriate gover::aer 1 nc',es prior to cite cf any work . .O or construction. \ /:,:--..______ _' \' . 'v �.- d.) DECLARANT sha i i have no duu,,,`t a iefbilkv, "o... liability to any Owe ER or to any other person whmisaever •tai.-" s-P_e_Ct—Ae the exercise of its rights or the failure to exercise its rights. DECLARANT may reject plans, F-..>, proposals and specifications based on any grounds or reason whatsoever. (TI including purely aesthetic grounds. in its sole and absolute discretion. O D_C.ARANT'S decision to approve, reject or withhold its approval cf such work 11..41 may, in the sole exerciso of its discretion, be based upon: (i) the harmony • of Its exterior design, color and location in relation to, and its effect upon, surrounding stru'`ures, vegetation, topography, and the overall community design. (ii) the character of the exterior materials. MI) the • , planned quality of the exterior workmanship, (iv) DECLARANT'S design and construction standards, (v) the General Development Plan. or (vi) any other material and relevant factors. 7. TTERIOR COLORS AND MATERIALS. No exterior colors or materials on any structure or facility shall Co • permitted that, In the sole judgment cf DECLARANT, would be inharmonious or discordant or incongruous with the Pelican Bay community or the PUBLIC SE4CH ACr;S SITE. Any future exterior color or material changes desired by OWNS Bust be first approved by DECLARAK7 in writing. No cats or dogs ether d it esticsted animals shall be p T " ++iLb -clue . -i.- PUBLIC BEACH ACCESS SITE. e AGEN c` '~ izi . I RECORDER'S MEMO: Legibility __ c /` a t ;k.' of writing, typing or printin' 2:2 , I 7t ) unsatisfactory in this document :4;N;" 3 of when received. - — - _:.' '� - tyG t.•,-,...• '-.-, .4.'L. .,.l+ty. -n.:.,_.. - .-S'.K.f11 . - 0i0966 Cv186S OR BOOK PAGE • 9. FAL-TORT BUILT STRUrt J E5. - No structure or facility of arf kind of ehat is caraonly Blown as 'factory built', modular', or 'mobile home' type construction shall be erected in - PUBLIC BEACH ACCESS SITE without the prior written permission of D CL,v IO. iDIOaoZi GU$0 UTILITT LINES. All electric, teiegione, gas and other utility lines must be tnstaile undergound, unless prohibited by law. II. AK EIINAS AND FLA 0LM. So outside antennas, antenna poles, antenna masts, electronic devices, antennas towers or citizen band (3) or amateur band (ham) anter.nes shall be permitted except as approved by DECLARANT in writing. A flagpole(s) for _ • display of the flag(s) of the United States,of America, State of Florida or • Collier County, Florida and such ether flag(s) as are first approved in writing by DERAKT shall be permitted. Provided, however, the design and location of the flagpole(s) must be first approved in writing by ,^.ETC ARAHT. An a;proved flagpole shall not be used ac an antenna. 12. Tnt?`JRARY AND AC SSDRY STRL'CTuR:S. lc tents teali.r �}-d�iks l7 nal vehicles (RY's) or t. Crary str.�tores shall be r p- ''ed, set-t^, cr retain overnight unless their sir . .1.,----.:e and _ •cation in the PU3LIC BEACi ACOS S STT: have�/fl r_n ap, cved by �E welling. 1S. OUTDOOR EOCIPir All garb:ace nd trash ort stein\ PUBLIC Bt L ACAS SITE snail be placed and r#a1: i *..e i v n containers or saw other attractive a d b� I r r P puf<pcses of this section, exposed oil cont. or -uo, 'mi ,tai as aal1 not be attractive oA. I • = bottle 1 ca^sicerrS and 0 other 70 such Y, ' . . s, in:]e.* pis and areas• So 'ha ere, shall not ,s` nae %1•a'laced in sight-screened. be read'.l vi.sib e. r-``-43heequa: landscaping shei be installed 'lab. these fag:lit:es and in in ' OYK�� n W 14. AIR COttD:T �Lr• - - — -. _ — O All air coedit fj �'a rgaits shall be ei5�e. nd hidden so that they shall not be readily visi Nt.•ff �T "t`�hni units nay be Ce zit_ed only ') upon the prior written' .-1` Window air conditioning units shall net be pe r. e i. d.• t_'i— 15. sate COLLECTORS. O N Solar collectors shall only be peroitted at locations and on str.:ctures as • - • are first approved in writing by DE.. ARANT. 16. SIMS. No signs, freestanding or otherwise installed, shall be erected or 1 . disp1ared In or on any land or stricture. unless the place9ent, character, fors, size. lighting and tlae of placement of such sign be first approved in writing by DECLARANT. All siert esus: also conform with governsserrtal codes and regguulations and with any master design plans for signs established by DE ' .. 17.. WALLS, FENCES, PAYING MD OTHER „"Zi ^l UiRES ,4DA,cr`M No walls. fercss, shutters, walks. boardwalks, docks, cavemen: Cp s. wag, . 'hn- structures shall be constructed in PUBLIC BEACH A..-..'"....1.7.S SITE until i" height; �J= M length, type. design, composition. materials and locations small hi:ve first tv., f• been approved In writing by DECLARAK'. Any dispute as to neigh; i- ii,... _ type. design, caaeosit1on or material shall be resolved by DEC:. ' ,, tr decision shall be final. Hurricane and storm shutters snail not be sic. ^� .ter. the exterior of any structure or facility. No —/(7 - (- JO _ - RECORDER'S MEMO: Legibility 1:r' • •• of writing, `'� LUL i typing or prinCin sCJEJU_i i unsatisfactory in this document - - i • when received, " -- ry 6A 0r, BOOK r.=GE l8. LI"o1 TING. Ito ext.ericr lighting of PUBLIC BEACH ACCTS SITE sial• be pe i:tet rit.'saut DECLARAN+'S prior written a,prval of a lighting plan submitted by 19. MAIRM AiIG OF PREMISES. No refuse or unsightly objects shall be allowed to be placed or suffered to .remain in PUBLIC BEACH AtCE 5 SITE. All structures and facilities in PUBLIC BEACH ACAS SITE shall be tient in good. safe, clean, neat a.-:1 attractive condition, and ell structures and facilities shall be maintained in a finished and attractive condition. 20. WATER MANAGEMENT AREAS. a.) No structure of any kind shall be constructed or erected, nor shall OWNER in any way change, alter, impede. revise or otherwise Interfere with the flow and the volume of water, In any portion of any water management area reserved for, or intended by DECLARANT and the Pelican Bay I..rrovesent District (P.8.1.D.) to be reserved for drainage ways, sluiceways or for the acoumulation of runoff waters, as reflected In any plat or instrument cf record without the specific written permission cf DECLARANT and P.3.I.D. b.) Qi10ER shall in no rax_.deny or prevent ingress and egress to such water management areas ,f-c-'`" en or iandscaae purposes by DECLARANT, P.S.I.D., Pelican 3i ief e tion, in:. or any appropriate governmental age. re....anT-T.E13 w ire any right of Ingress and egress, and ear 'tt refore are here 41, scally reserved and created. J • c.) PL'S C 87 ii AC:EIS SITE shall not tn`\eased in sire, from within or outside •Pl lc-BEACH Areae I?- witho t prior within • �gwritten consent DECLARANT P, r aY scally 1111 ng n a y water or retention and drainage a as •rs ' h it .- is •.4s t fill dike, rip-rap, bock, divert or kha •- alrT1s lik 171 !en 1 ami drainage areas that , have been r a. c. tef by e 21_ OEC,AR1NT'. , elk../ -. 71:1 OEC r ay grant, withhold or ny its Oli sign, or aaa^vas in any instance rhe a pe^rissi ?..7:7-7... i. e dare required without any W ams • liability of i tore or kind'to OWNS •r g Ther rscn far any ` m .g� �' p'-• reason Cm whatsoever. are, Iny emission or apprva rWus shall be birdirg upon all O persons. 0 11> �� ' L7 THENy lI GENERAL PROVISIONS (.3' O 1. RESERVED RiGHTS. W a.) DECLARANT reserves the richt to conduct certain fill activities as -- permitted in the U.S. Army Cors of Engineers Permit No. 79K-0282 (november 18, 1483), as recorded in Official Records Beak g66 . Page_ 15:+4 through is29. 1 inclusive, of the Public Records of Collier County, Florida. . I b.) DECLARANT reserves the right to construct a one-hundred twenty (120) parking space facility in PvaLIC BEACH ACCESS SITE, in satisfaction of Pelican Say PUD ordinance Section 12.5(0.) (Collier County ordinance Ho. 77-18. as mended). including but not limited to such construction-related activities as site preparation, paving, drainage, cin-bine and landscaair.:. '--` c.) DE.^rARAitT reserves an Easement for itself and for the FE_ICAll .BAY __ lNPRIIYEIlENr OISTRIC (P.S.I.D.). its successors and assigns. to const:uc:; t_, i _��� CNE)/1 5Ni operate. maintain. nevose,- replace or rebuild drainage structures aro iratma.. • and sewer utilities In. over. on and above the property, with the rig* af`"�• IC) i ingress and egress. GRANTOR or P.B.I.D. shall repair and/or replace any area .... ._ which It tray disturb, damage or destroy in the construction, epersa __ or NOV i ` maintenance of said drainage structures anti water and sewer ua1!ties: i ACoff/N -. c" No. G is„,. - RECORDER'S MEMO: i,egibilit . _:: i EI E( . Jut. ?s3a EEC of writing, typing or printir. • unsatisfactory in this document =o i • when received. I 00099c 001871 _ OR BOOK PAGE 11111 — d.) DECLARANT reserves an Easement for • + r Itself r s and fcr the PELICAN ICAIr a:,Y DSPROHLIEXT DISTRICT (P.B.I.D.), its successors and assigns, for that parcel of lend as acre particularly described in E:hibit ''E , attached hereto and made a part hereof. for the operation and Maintenance of water aanaceme t purposes.2. PASTS CURER shall cooperate and assist DECLARANT, including becoming a joint applicant. In any permit application to any governmental bodies for the - purposes of facilitating public beach access. • 3. APINCRENT. DECLARANT may. in its sole discretion, modify. amend, waive or add to this Declaration or any part thereof. The power of amendment, however. shall be • limited to codification or enlargement of existing covenants which shall net substantially impair the general and uniform plan of develco ent originally set forth herein. 4. WAIVER. Any waiver by DECLARANT of an . is "Cc his Declaration or breach hereof must be in writing and s Rpt ...;iz;(if 1-construed as a waiver of any other provision or Ssbse^ T tt.\ 5. DECLARATION RUNS WITii ri4_ `�t ''`1 \ The coven •: t t Declaration shall ,rno 'th'che res ridi:cas drettxr p visons under this Decla5 tiic. is D ' y '' .d b the p erty lrt`hi'� PUBLIC BEAZH It T ante, •Y ,".• '- tot c:nserve and ;-otec: the natural sauars - ' t( c �y �'LIC46FACH ACCESS SITE for the benefit iof .re a utiie' n .f al property encumbered herein. llie .0 cse of is taratik a ates and it is DDECLARANT'S intent in\ ! -+ i ,�se, . . t laratian be M, Perpetual. , `. .- .• ' .- ,\ 6. RIGHT OF FIRST R:=l'S� \1 Ia. 'tis 'N • .� If at any time OWNER h few to sell, Tease � dt6, r, tT otherwise convey an .ire- , , wjttr_ a exchange O IC _PFACH ..-s t* i� or any A portion - thereof, to any person or N sh 1 riff �� o•'?fy DECLARANT Srw 'b sixty 6Dir f the d proposed raps is )f. -z:#6:4 have the r'g t withinCI ' ty ( ) days to .comae the t 3' transaction In its own .. nage for the gross purchase price a 171-'.he terms specified in said F--� transaction. If DECLARANT shall not so elect within the said period, OLti1e tap gay then sell or convey PUBLIC BEACH ACCESS SITEto buyer, provided the said O transaction is on the same teras and conditions and for the price set forth in 1,47e. the proposed transaction seat to DECLARANT. 7. L;:aiSLAT IOK. / OWNER shall not apply for dredge or fill permits in PUBLIC BEACH ACCESS SITE frau any governmental bodies, mega-diems of any future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or the State of Florida, without the prior written consent of DECLARANT, wai ch consent may be withheld in the sole and absolute discretion of DECLARANT. B. E?R1RCENEKT AND ASSIGNMENT. a.) DECLARANT reserves unto itself the rig.:!, and the power. (i) to enforce the covenants, conditions, restrictions, and other provisions of this Declaration, and (II) to delegate or assign, either exclusively or non-exclusively` any or all of its rights. powers. duties or privileges to any D"(Teez- iv '- person or entity. DECLARANT shall be under no obligation to delegate or assign any of its rights. powers, duties and privileges contained in this Declaration to arty person or entity. 1 b-) DECLARANT w� i r r _ s:F '' III ;hall have the richt an the Porec tc -�`-�7 4� ��`.. covenants, conditions, restrictions and other prc,.islory' %r :rxos . by •this "."' : ECORDER'S MEMO: Legibility jjC ~'titin;, typin ' Or printink SCHEDULE !s` ? ��i., kfactory in this document ?oge 6 of received. � •. 1Z A'y'e': .�� �� ��:t-� .��,.� _"4•.r-�. • l:' G;, oa 001672 .• . on BOGS PAGE Declaration h,Y any proceeding at lar or in equity aoainst any person violating or attaspting to violate any such provisions, to restrain ono violation or • attempted violation of such provisions, to require specific performance of such provisions. to recover damages for violations of such provisions. Failure by DECLARANT to enforce soy of such provisions shall in no event be deemed t waiver of :heir right to do so thereafter. 9. SEEYERMILITf. If any section. subsection.. sentence, clause, phrase or portion of this Declaration is, for any reason, held invalid or unconstitutional by any court • of competent jurisdiction. such portion shall be deed a separate, distinct and independent provision and shall not affect the validity of the retaining portion thereof. Iit WITNESS WHEREOF, CORAL RRIDGE-COLLIER PROPERTIES, INC_. a Florida corporation. does hereby execute this DECLARATION OF RES RICTIt'r5 AND PROTECTIVE COVENANTS in its name by Its undersigned, authorized officers and affixes its corporate seal hereto. the day and year first above written_ ^RAL Riin T-es' t < `R i `o>:�: oley, es 1.-..1,1'.r,-tv 1 Qj / V tF Lou.=$ H. . _ ted, Asset. ,w • STATE OF FLORIDA ) OF CTJLLIrR ) I Tt:e `or_going ins; .ret as wYed be, = s 13:h day. o=:.r11, lby RG S"'P. c. e. C.' .. . a :� rE I'' CZ"d INC., aFlcrida co :on, or behaf of thee'rpara ion./�./ . .,• • Nazar legi .- rep.! � i, ;` n/,^�I� ry �i'E 5: '• :; -• � •-•\._: _ — i 1(_. (' y.` �- },T lGdt!$SY3'!fXrl�l��,':C SFAS —_ ./ JG.l.'4'::kw:.ehi Lc: IRS.;tOttwtl:kti •L' e+--.i V1 iT�fvE • I' 14 1-1 r 1 R } ,GEN .= �_ • !2 1 DEC 1 , " ;iii i RECORDER'S MEMO: Lel,wility SCHED„ - of writing, typing or printing L = / - unsatisfactory in this document • ?_9, °f T ' when received, - - _ • OOO96S 001873 OR BOOK PAGE • LEGAL. DESCRIFTIOK * .. All that par: of Section 32. Township 48 South, Ra:re 25 fast, Collier Co:nty, Florida. being described as follows; Comom•=irrg at the southeast corner of Section 32, Township 48 South, Range 25 East. Canter County, Fior'._a; t!%*nce" slong the east line of said .5 tion 32. Korth 03 0-38"-50` Vest 3437.36 feet to t e southeri -i 'ne of State Road 3-852 (Vanderbilt Beach Road); N.''t‘ r t:eree along said right-o` nth r2$ est 1133.38 feet tc the MIXT OF HEGMING of . EA el herein descri 'r .. —there South -53' !J � � ...Aq fee:; • ttr-nce north 8C`o 8'-!t3' ,'e_' 721--t;-- to t S.:ate of Florida Depar'ment of Ma'iraai Resource Co ' Con trtc_ia Corilt-•ol Line (Mr revised map of record t _ •, -'. .., r•. • -r.untyy1t,, Florida); thence continue ft rth .• :' • . )fe . • ! o lets to the Mean High Water Line oft Go f of thence nor hwest 7 to a paint the' aio• t;, ter 24 L wort or less O (Yander4iIt Beach ata 5 ray ° ti�Sd�:e Raid 5-662 -- MI there along said rr i�-cf-,ray line South E' 24.1 Cat ZOO ,feet more C� or less to the s i lrrida Department a • `1 sources Coastal _� Construction Controlr �, rP thence continue along - utherly richt-of_ray in - f said State Aoac -- -. S-862, South BCC-W-2 r. 10-00 feet kec Y of Beginning of the parcel herein descri• ;- --- \ •'CI CI su ect to easesents and restriction 1a- �-'' CJ7 G • Q1 • • eii ff640M. JD Ti"--.14 : �' ` ,......--4;11. tit • AC.:-ENDA ITEM , No. I✓ I 8 RECORDER'S MMU; _ribilin ''a` fIDEC 1 1 26'01 i ? • rIjrof writing, typingor printing ?ane1of I '- unsatisfactory in this document ` when received, T i_ .. .1,,7.7.7:4...r.--.......,.. , ...r:r_.- r,.. ....-.,... «^te.•.,..ra't':ti,-7Y..i'�• " 8.4. COBw n /� t � � L .. - flG �� � � � - A JR BOOK PAGE • .. L=SAL DESCRIPTION �.r All that part of Section 32, Trnmship 48 South, Range 25 East, Collier County, Florida, 1~irg described as follows; - Cosercirsg at the southeast corner of Section 22, Township 48 South, Range 25 East, Collier County, Florida; tierce along the east line of said Section 32, Korth 000-38'-S0' West ' 3437.06 feet to the southerly right-of-way line of State Road 5-862 (Yascierbilt Beach Road); theme along said right-of-way line North 800-08'-20' West 1671.11 feet to the POInT OF 8EnIW INN of the easement he.•ain described; thence South 030-5i'-38' h:s s1 , T , thence Sae?! NC-19'-47 :15 --;--‘-'(JA). thence South 040-29'-;�y'� Ea#}`rrT.90 feet; YiNr . there South 130-18'41 .�... 16.92 feet; l-' thence north 800-08'''2 st 165.27 feet; thew No:-h 0-40-3 -35" E sfiee - therce north 480-5 0 4 fee'_: • thence Nor:4 490 '-;p' West 8 .9 ' _ . • thence North 330-fl5'- "=i4 ,. .% = thaenre North 090- i'- • es 9 t • theme North 640 15' es: ,1 i i r !•-••=-- - thence North 220 a 4 •4, - t _ r �.� -- thence North: 070- 7' 0 t 4i. ee�. thence North 210- 0'{jt West 31.78 feet: --:/ _ • h _ thence north 600- " ' East x33.49 feet he so :A:e..r1y r:g t-of-way W _.. line of. said State -862; .� / .. r� thence along said '-,ray line Soutn 8008' 0 ..as: 171.9; feet ,r= Q Crs s, to the. Point of Begin ,o, the easement herein see' d; .jest to ease ants and rest. 'tio)ssl reecr•'' .\. f7 o— rte w` _ b ttpl; .1_ J i -ax.+_ : ame $ c t - A(.3£-f'i 'r --- - . %7e: EXHIBIT '8• i v L- . Page 1 of 1. RECORDER'S MEMO LC�it�ilit�' �� C 1 1 2001 L i .-rr tJ of writing, typing or printi,ti. I D,, • ' '— unsatisfactory in this document when received. r 'r 8 A C -~ d " p e v U i .. t .. OR ROOK ' PAGE • t-z..adl. DESCRIPTION .:-., All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; C.sencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; - - tteme along the east line of said Section 32, North 000-39'-50' West 3437.06 feet to the southerly right-of-way line of State Road 5-862 (tanderailt Beach Road); tierce along said right-of-way line North 800.8'-2C' West 1843.:.2 feet t.. I the PCINT OF BEGINNING of the parcel herein described; therce South 600-32*-23' West 32.49f , �� m .�h • thee So: 2�0-19'-00' East 3 . 8 € �C 1-0/7 thence South Cl0-2T'-3C Wes` Q.l .eet-t '✓..Ai • thence South 220-O0'-3C' E a ♦ feet; 1' therce South 640-i5`-40' a .00 feet; therce South 090-51'-10• Ea . 0.25 feet; therce South 380-15'-2 Ea . i Trrei't- . :hxtrt South 090-49'-1 E 8ee« therce South 080-55'-q0' East 6.04 feIt:----• theme South 040-33'-$5' 1{ _'1 " - ; `N ' - therce North 800-0 '-2.. est 75 t. f et LIo t ,ate or Florida Depart-lent of Katur 1 ..ss Co 1 - n .sctib ntrgl 'Line (per revised zap of record y• •. 1, llier 2o•nt$ -{.l rida)• O i, hence continue North falc0* -�c•' Yew. CO ee =re eS the Mean - 7 `° -__H1afi water Line of :! 5u of Mesita; , XI t%rte northwesterly a f aid Mean High Yater 2 1 f re. or less W a.: to a point on the sa; 4�, herr); right-of-way , f/tq Road 5-362• '�' (Vanderbilt Beach Road);` j-- i `z ; O - • thence along said right-t, --r ne South 8C--08'-'2 s 200 feet core or less to the said Flo �isr,.t�rI�en' of - sources Coastal 'd Construction Control Line; f` ''..i.(.,' CI `hence continue along the southe'r4)ri j,t-4f- iie of said State Road - 5-862, South S00-08'-20' East 10C.__� ftp-t-othe Point of Beginning of : the parcel herein described; C aa = - subject to ease ants and restrictions of record; 00 t' '--2 .lr Il:t h f �. h _ l(� >r I� : ljr1-..., r f R • i :.p ,H:8!7 'C' - - Page 1 of 1. Pg._. ;l: RECORDERS MEMO: Legibility e� :'•.N� M ,. ' M typing or printing, ""- ' ,.•�`'--.� of writing, YP � unsatisfactory in this document _ when received. 8A 1 I This Instrument Was Prepared By. Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 i.ssuvm, AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the 'Amendment") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County") , WCI COMMUNITIES, INC., a Delaware corporation ('WCI"), and HMC OP BN LLC,_ a � 'ted Y liability company ('Host") . I. Hack r ' "�` On or abou(I(‘.L 3, 1982, Coral Rid g C llier Properties, Inc. ("Grantor") execua --1-i erred a Quit-Claim ee (the "Deed') by which Grantor conveyedt C+._._ th'�parcw_ of lan des ribed in Exhibit "A" attached hereto ( - h Access S' , - ) . Th- Deed as 'recorded in Official Records Book 966, p- - %4,, % t••- ds\of Collier County, Florida. Pursuit het e. o 1* D- .. f e( Be ch Access Site was conveyed to and ccl. :d b t C. b ! t certain restrictions, reservations an ,,,- ' .- c. - ,n -{•set h pa,,,lhe Deed, including p without limitati e -stric .ns, erva'"A. •� rotective covenants MI, contained in the ',-iplaration of Restr tionl a d, otective Covenants attached to the ,, -s Exhibit "A" t to) ( eclaration"), which w Declaration was re qh$1 in Official Re s, B q 6, page 1866, in the .p. Public Records of C (lie County, Florida. / t, Oti / C On April 19, 20 r) hl,,Gognt earn.- tion in circuit court in .b Collier County, Florida, y� 1 ie 0ceu , vs. WCI Communities, Inc., C.7 Case No. 02-1562-CA (the 'Lfti tion-")l_~- ing a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of ►—a the restrictions, reservations and protective covenants set forth in the Cr," • Deed, including without limitation the restrictions, reservations and C protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions") , and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the 1 Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . EXHIBIT "B" -1- 8A II. Amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage') on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the 'Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appeczanee--with_,- and in quality of materials and workmanship equal to or W h.n. . of the Ritz-Carlton Garage. The parties hereto acl g _ )lisParking Garage will exceed q3the building area footage) o . hit 'tz-Carlton Garage, and nothing contained h r�in hall be construed = i iting the building area of the County Par ng arage to an area equi -len to that of the Ritz- Carlton Garage; h wev r, n no'e.uent�s`kfall the maxinum number of parking spaces exceed 35l imu a usl)c_with • e con tru tion of the Parking Garage, the Co my . . ' s -•1- -xp se, construct and maintain a trel is-.. •• c u e o. t•• ice- o the Parking Garage equal in qualit an• mil.r in a•• -,r •e • f a of, the trellis on the top level of th $i - gar •on G-r..= 1,8efe, omenc}ng any construction 0 relating to the ar i • r-,- • = ty ,,,. . futk}t to WCI, for WCI's r, approval, which p oval shall not be' nreas��°°nablithheld, all plans, •- including the de landscaping and tghting /,1 the Parking Garage w and trellis. Wi a reasonable tift�er t�cipt of the County's WP 4it: proposed plans fo a Parking Garage, L,) 1 preview said plans and Q> shall notify the Co writing of WCI' �s oval or disapproval of = said plans: if WCI di o said pla 1NS1 all notify the County of6-0 the reasons for such di 461, _ 1 gest revisions to the plans G which may lead the plans b cE ] e0to WCI. WCI may not withhold •- ._: consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided (XI the total number of parking spaces does not exceed 350. F—A. O 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ('Closing Time') . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. - 2- 5. Permits, variances and other governmental regulations. The 8 •' County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 1. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. S. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt mar—ba_nbsained, or on the day telecopied provided that a receipt � co4V transmission of the telecopy is retained by the sen � ows: In the case of WCI to: WCI Communities, c. --271 Weide Cente Dri e ita Spri g , Flor•da 4134 ivien astin Tele o.i91 -:8 77 With copy •s -ver„ 1 i71Wei.ssler, Alhade f f & Sitterso P.A. t� 401 East Ja ; on .tr Suite 2200 •P Tampa, Flori.•a 2�- �~ Attn: Lawrence J. in, Esq. dr-,_ •lephone: { 2S 800 "la l 811/2 -5089 (.] In the case of ---' the County: Collier County tJ, Attn: Marla Ramsey, Director H+ Collier County Parks And Recreation 1)--a 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: �/__- With copy to: David C. weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8" Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 1 -3- 8A In the case of Owner to: HMC OP BN GLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 2401744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect,,,y+hat-aoey_er in determining the rights or obligations of the par ' lk -h ee•�' or shall such headings be construed to alter or • i' - ^' • lication of any provision of this Amendment. T - -r in this - reference is made to a number of "days, " nes otherwise provid-• h reference to "days' shall mean calendar da s. rr . IN WITNESS /HE OF,' und-rsigrt�• have = ec ted this Declaration as of the day ar{d y:a ' st . ve ritt= . Two Witnesses: 0PCVIT ES,! INC., a wr 4tion n. 1 W BY f� _ Q1 satft Print Name: Vn, me O Jt , b Print Name: ' ID C'1 K - ATTEST: DWIGHT E. BROCK,CLERK COLLIER COUNTY, a political Lr subdivision cf the State of N Florida By: , Deputy Clerk By: TOM HENNING, Chairman Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: -4- 8A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as _ of WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any) : My Commission Expires: (NOTARY SEAL1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by _--- , as _ of HMC OP BNC LLC, a Delaware` da ty company, on behalf of the company. He/she i p�r � r�o me or has produced ,AJC` as identification. rr Print ame: / N•`ary P blit C+Ømmis' . Es: `r (NOTA Y SEA ) / •.�. 11w-re\361301005.Nnd 14E911 7002.doc LV lo;28:o3 \�` �. CYN j {J C O rz cel LSI -5- - . _ .. "'r -sar.G_`,'...aFP - +fit ,h. - r. . __ 'mak _ _.,,;. -•: - 1;c-, ,�,.- - • 030356 0015 " 111, r;,._ R SOCK r..:sL • LiiAL 0z.':.t =3 ,....y ... . all the ;art cr Settiar. :Z. Tar tsn'in 483 South., Range Z5 Z-Ltt, Collier'iea- COtzatV. F:or'3a. acing deck-Tibet at faitoes; .r-^!elG;tag at the southeast turner a' Section. :.., itivortnin 48 Sou_':, Rarne "` 4t. Collier County. F r!aa.' t along t-te eat?. 7lne of coin SectInn 32. !or- -3Z' Siez 34:IL:fi feet to the wttier'y .tgit-of--wyy 'sine of Etoze Root: =-36' (Ysnder=`:4' !each Road); tr*rica a:^ng Sa.d r;g ,- ^` ' -+',s'-L:^ iiaa:� IT1'.'...:.3 fro: __ the PC=.Kt V Szyi?13T-K to%L 'S� -61A7.- as •` r"ae.^Cae ?ion:. d'..7.7 Wel.:. ,77.-44 r.. n. of: ?Jae :Stf � Lepartne f b ".ks. i.:...;re.::.:. Can z ac 'a-s Control Lite (r it rarinel nap of c .. .r:ca ; ".i.+r ,C .7. '11... County, F:ori=a)b then" . :nue ka . . ',.-4-38'-Z1' UeL. .v feat .- a a tna mea. • high hate Li - s' ..ir a. . ' �' aid a nL' "ve. f J f feet uare ar 'ay. t, a; & R: illae ea State ales: :-acs or lee.: '.. ,✓ a lifill0.- _.^Wn: .... 3.y��, R..�."..'!urte.. ,=.'v33t.3. Caut:-.:c... •• ••rt:'a. t'ne; .. +.: . . ":.':a m:, .al. ..•a o. x tV'' R.. .dl' '(`^ •:-G! •.iy 3t !:ai.`. St.:tr iiC O. .<. w th.. ps ..s_--.9.:e t FP. :1e t to easraen''• afa . _.rintinns c. �v p CI . .,o. • - ::8 . ... RECORDER'S MEMO: Legibility of writing, typing or printing unsatisfactory in this document when received. 8A INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz-Carlton Hotel Company,LLC("RITZ-CA RLTON') in favor of Collier County(the"County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County,Florida and more particularly described in Exhibit"A"attached hereto and made a part hereof(the "Property"); and WHEREAS,the Property is currently used as a beach parking lot for the general public;and WHFREAS, the County and WCI Communities, Inc. ("WCF), have reached an agreement whereby the County may build a two-story parking facility on the Property;and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet par, king_aLsp cial events held at the Ritz Carlton, Naples ("HOTEL");and \/� WHFREAS, the County • allow RITZ-C ' \ use the parking garage under those certain terms and conditions me nal -•. •• . ttlement agreeme t ex uted by the County,HOST,RITZ- CARLTON and WCI: and . WHEREAS. RITZ-C.. • 10'1 • - 1 • ,S - c• I ty om any liability or claims that r may arise out of their use of th, Pr. a as I , • '• •w. ' n • :c� NOW THEREFORE`iiiu .nsideration of and - co diti ra 'the County allowing the use of the County's Property, and such. r good and valua.. `:• .i , the sufficiency of which it is ..$2.hereby acknowledged, RITZ-C• " • agrees as follows: L o A Plc; 1. RITZ-CARLTON wi d --.•'. , `e?i h the County, its employees,appointed and elected officials, contractors, and vo ••• "aAd 'ndividuals acting on behalf of the County , ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, cr assertions of liabilities, losses,costs and expenses whatsoever, including but not limited to attorney's fees, trl by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees,licensees and other persons acting on its behalf. 3. RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 EXHIBIT"C" 8A 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County,which consent shall not be unreasonably withheld. 5. R1TZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: -HE -CARLTON HOTEL COMPANY,LLC. NA l` 0:'V limited liability company roti �r_ ar1 I I t." f I.7 (Print Name: FUR_ Q 1, Na, �►.J Po— :1 :v (Print Name: MIL C 'P TEFF C tR c"a STATE OF COUNTY Q+ The foregoing instrument was acknowledged before me,this of November.2003,by as (position/title) of The Ritz- Carlton Hotel Company,L.L.C.,on behalf of said company,who is( )personally known to me or( )has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 8A ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA ATTEST: DWIGHT E.BROCK By: CLERK OF COURT TOM HENNNG,Chairman ,Deputy Clerk �1€R Corr , 0 pi( o pzoo �1 .r, 1 IE C1'�Ct- Page 3 of 3 OR: 3460 PG: 1518 8 A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COI.I.IFR COUNTY,FLORIDA CIVIL DIVISION COI-I•IFR COUNTY, a political subdivision of the State of Florida, Plaintiff/Counterdefendant, Case No. 02-1562-CA v. WCI COMMUNITIES,INC., a Delaware corporation, Defendant/Counterclaimant. I STIPULATIO ,:+1, '' H PRE UDICE O It is hereby stipulated by •n• r -tween the undersigne• co el for the respective parties that this action and all counterclai •- dismis - •_ -1 h1 •re'u i'ce wi, ea h party to bear their own costs and attorneys`fees. (C 0 t A Ellen T. Chadwell rf Jho l�f. , i.. • des Florida Bar No.0983860 on.a Bar No. 332615 Office of the County Attorney Stearns Weaver Miller Weissler Harmon Turner Building Alhadeff&Sitterson, P.A. 3301 East Tamiami Trail, 8th Floor P. O. Box 3299 Naples,FL 34112 Tampa,FL 33601-3299 Telephone: (941)774-8400 Telephone: (813) 223-4800 Facsimile: (941)774-0225 Facsimile: (813) 894-6251 Counsel for Plaintiff/CounterDefendant Counsel for Defendant/Counterclaimant EXHIBIT "D" OR: 3460 PG: 1519 8 A INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this 1`"f day of November, 2003 by Ritz-Carlton Hotel Company,LLC("RITZ-CARLTON")in favor of Collier County(the"County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit"A"attached hereto and made a part hereof(the "Property");and WHEREAS,the Property is currently used as a beach parking lot for the general public;and WHEREAS, the County and WCI Communities, Inc. ("WCI"), have reached an agreement whereby the County may build a two-story parking facility on the Property;and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parld�na_at__special events held at the Ritz Carlton, Naples ("HOTEL") and j Z (• (_) ti WHEREAS, the County c allow RITZ-C OA use the parking garage under those certain terms and conditions me ria . a settlement agreem t ex uted by the County,HOST,RITZ- CARLTON and WCI;and JJJJ WHEREAS, RITZ-C( ' '0` . • 4)� : iT. ty from any liability or claims that may arise out of their use of th • s, as - �'�" i,,- ,w. NOW THEREFORE,lit ••nsideration of and . a co diti � • the County allowing the use of the County's Property, and suoh •er good and valua r}si i'. , the sufficiency of which it is hereby acknowledged,RITZ-C • a agrees as follows. 1. 1. RITZ-CARLTON wi rigid defend `' `.• the County, its employees,appointed and elected officials, contractors, and vol>��afad -hdividuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities,losses,costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity,which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction,design, or repair, or failure to repair,of the physical structure,grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees,licensees and other persons acting on its behalf. 3. RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 8A 011: 3460 PG: 1520 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County,which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: L .� Z-CARLTON HOTEL COMPANY,LLC. � !a. •Ae iqted liability company 0 (Print Name: M. C•:Ps- R. N-N••'i I u. se Positiin1Tia lExecutive vice President & • -• • • \ Chief Financial Officer (Print Name: ''i-_ L,../NW 1` _�~,., ot, 11�L 7I Vit/ 1/L-• ?�[ STATE OF COUNTY 7)` ,, ••.4.`7ri • The foregoing instrument was knowledged,befoce me-.this.//fh of November,2003,by K.Pii i L.X r � ',fZ;�yk2•�.�t . as �'. ��t.�,� L .4,",11.1c:/-` (position/title) of The Ritz- Carlton Hotel Company, L.L.C.,on behalf said company, is )personally known to me or( )has produced as evidence of identification. (SEAL) Zja4k.) 6'11 LEY NOTARY PUBLIC Name: y--- gtN•^•••E!Y� My Commission Expres: g O/ 1 •v a*i MAY i* 2007Page 2 of 3 8A 011: 3460 PG: 1521 ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A t t EST:DWIGHT E.BROCK By: CLERK OF COURT TOM HENNING,Chairman ,Deputy Clerk APPro , as to f r � °� � 1e�a1 sufflcienc. .---- \\\\i, . Miro' .,yal sufficient• �� Cista T.Chad+eilrner r YL,71-- 1 ' Ilk"' -0':-i 1 i in C 111L' - Page 3 of 3 _�.:_. - 0 a 0 9 6 6 001873 6 CR BOCK FACE • LESOLL DESCRIPTION * . i ATI that part of Section 32, Township 48 South, Range ZS East. Collier County, ~ Florida. being described as follows;C•onw _ •cin4 at the southeast corner of Section 32, Township 48 South, Range 25 East. Collier County, Florida; t enc_ along ttx east line of #aid-mac 32. North O00-38'-50' Yes: 3437.36 feet to the soutaeti.r cilia of State Road 5-852 (Yanderbilt Beach Road); r' , �' `t, thence along said right- ) ,. North 8•' • t`x POINT OF BESIHNIka of. •• mei herein desert• ,F \es` 1/33-38 fee: to • —there South 93-57/-40' 'YZ feet• \t thence North 88'/20+) ' •--, 724.44 _ to t. S ate of Florida - Deparcert of k Lira rResource• •as al Cor...r.act •i Co trol Line ( or rani sad nap of record!' • a*:� :a, `5,i,-r. .• 7 •un> , Florida). thence continue !tort :t --0. 2. 'e ri.1 •r less to the Mean High Water Line of t ..If • - o• - thence northwestr , \ 1 O to a point on then attr ,�, 2'h t gore or less • (Yanderhi7t Beach �•'; the. _ nay Ilse _ ate Road S-8a2 thence along said ,r g. -of-way line Sout'; .4•.a8}-2 : 200 feet torn CM cr less to the iarida Deaartaent N w Construction Contrt; '' �Ljtesourres iaa<_:a; sA :hexa continue a is ! `�_ otherly richt-of-w in - -- - 3-862, South 803-.78•__ to t o' said State r�-of the parer? herein �+escri < T10_0`- Q fee: -int of Beginning of subject to easr�ents and r:strictiansr d '�t' C.'7 - N N IRECORDERS MEMO: Legibility ti'Err of writing, typing or printing • ` unsatisfactory in this document 7zee i _: • when received. 8A 011: 3460 PG: 1523 This Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF a SITT€RSON, P.A. Post Office Box 3299 Tampa, Florida 33601 imueerm AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "Cour h----W:I„COMMUNITIES,, INC., a Delaware corporation ("WCI") , and < QC ICC`rrit ware limited liability company ("Host") . vi . c. I- -0 ckground. ,�� r. o about April 13, 1982, ora Ridge - Collier Properties, Inc. ("Gra tor" ecutec3 auk d�1' red a sit Claim Deed (the "Deed") by which ,Gran r ^ noire_ .. t: Countyethe pa cel f land described in Exhibit "A" attached h - " e.h • - T Deed was recorded in Official Records =o. ., ..g: , :A: •Y ub is Records of Collier County, Flo ida urs an o o t ' Deed, the Beach Access Site was C011 y; Is a .. a :p - +, the\ o nt rsulject to certain restrictions, rese vati.•✓-n. .s • e.. co •• , . forth in the Deed, including with Ydf' imitation the restriction., r-t- ations and protective covenants conta et0 in the Declaratia`tof Re- ions and Protective Covenants attach' the Deed as ExOptt PA hereto (the "Declaration"), which Declar 40r, was recorded in Ofi-si.,C7 cords Book 966, page 1866, in the Public o of Collier Count c£lo ida. On Ap � 2"- C ' y filed an action in circuit court in Collier County, Yoga( i oilier County vs. WCI Communities, Inc., Case No. 02-1562-CA he—" tigatior.") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and ,indcr the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this 1 Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. OR; 3��bb r(;� 8 A For and in consideration of the premises and oc Pr $ddd 11�jdd eauyd1uable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is . hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the 'Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall ne designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. The parties here wedge that the County Parking Garage will exceed the buildin 4rci qa e � age) of the Ritz-Carlton Garage, and � nothing co dd�� nstrued as limiting the building area I of the C t "-rking Garage ea equivalent to that of the Ritz- Carito. Gie -e; however, in no e• de, hall the maximum number of parking space exc ed 350. Simultaneously with the construction of the Parking Gare ' Count •- -'so, a i sole expense, construct and main ain a t'e= '•--1 struc ure on the top level of the Parking Garage equ-1 i • . .ty s . ,• •.- anc to chat of the trellis on the tap lev• .f ' . B. c. .•Y Be ore commencing any construction rel tin! . the .•-, Co t shall submit to WCI, for WCZ's app 45104�a(4 hi'. • =,a all be11 nr asonably withheld, all plans, Inc `udi. .+"d- ■•., cap'--a na,4lj hting, for the Parking Garage and re lis. Within a re- -onab a t'd[!L` after receipt of the County's prop (d lans for the Park,tq G ra e,,,, CI shall review said plans and shall fy the County in- t' P CI's approval or disapproval of said p - if WCI disapproves '• t s, WCI shall notify the County of the rea n such disapprove d .tall suggest revisions to the plans which ma Ad , plans t. • ,0c table to WCI. WCI may not withhold consent to ny g-• .-.'@'p on the basis that the building area of the Parkin r B �c. -.--hat of the Ritz-Carlton Garage, provided the total number o ark-Thi spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by wCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges 1 8A OR: 3460 PG: 1525 and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental . approvals necessary fcr the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there arc no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the c — --- -.` MCI to. t t� R COommunities, Inc. ♦ ?'1 • alden Center Drive V B rings, Florida 34134 Attn. i 'en Hastings Teleph ne: ?39/498-8213 lecop er: `239/498-8277 • W + „ir eaaer, Miller, Weissler, Alhadeff &� n, A •+1 ack:on.Street (I) , Sui.- 20 Ta 1•. fa 33602 .Attn: La J. Bailin, Esq. +;1ep o � -e 3/223-4800 .e.-0 e•o. C' 813/222-5089 I. t - ase of l'L/>//thet •sCaunty aria Ramsey, Director f/to C 1\ e3lier County Parks And Recreation �`-`— ” 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: _/ - With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8th Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 8A OR: 3460 PG: 1526 Amy party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings ' used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. I Two Witnesses: WCI COMMUNITI S, ':CIC.,,a. Delaware co-'orationnl "tu--i By:nI 4/ir I / \f Print i _ l �� a. � Pr n•Q 4' •a _!1-•._41.4 t U \ 1- . moi- I/.e Ot Az! e: 'a+R.: moom9it A EST D IGH E RO iind- . OLLiER COUNTY, a political -:ed vision of the State of (..-1 „ lox r da By: ✓, -.' , Deput, 1 -/---,.._.) � ``C TOM HE^NN_NG, Chairman Two Witness - :i r ( 11 HMC OP BN LLC, a Delaware limited [' S liability company By: Print Name: Print Name: Its: Print Name: App aae as to fore I! 1 sufficiency As:. . County Attorney El i;r T rhadNl l OR: 3460 PG: 1527 8 A STATE OF FLORIDA COUNTY OF C -R The foregoing instrument was acknowledged before me this day Wm/11w, cf 2003, by (: c�fQ- (2, L , as , I'Cl k_i of i4CI COMMUNITIES, INC., a Delaware cotooration, on behalf of the corporation. .HC/she is personalty known to me or has produced as identification. l f� Fri ted Name �l -;QJ1 1 ECCCh Notary Public Seriai Number (if any) : My Commission Expires: (NOTARY SEAL) ' KAKEHJ.OoocH Q NotaryPublk,sate at Fbfde STATE OF FLORIDA t4+ *comm.Comore 0019 2007 31 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP SNC LLC, lava - imited liability company, on behalf of the company. oftRi 'ia�. -11y known to me or has produced t as identification. G• Pr'rte• Name: Notary -ublic 1 umber (if any) : 1 C..mmi_sion Expires: n (..0 ► EAL) I:\w- 4.'0\005\Amd ResCov•WC:002+ . 10/29/‘1 [[ L/ T�� CIRc VCI LEGAL Fax:239-498-8277 Nor 18 2003 15:10 P.05 SA OR: 3460 PG: 1528 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain,in full force and effect. In the event of any conflict between 'the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings - used herein are for convenience in reference only and they' are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to 'days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: Wcr CONMUNITI-S, •C. Delaware co- •orat?o £ thr( C Pr n. 4�.. � MAIIIIIi int e , 4 : �`i ATTEST: DWIGHT E. BROCR,C s' I L R C.b - 'J c.l . f vii.. ae e •t S r By: t Deputy , e •.. ,/ .,• • By: ''1�' .L TOM HENNING, Cha`Ir.• Two Witnesses: �� l\ n C •-tt-§ Mn are limited : e <: //k Printxa ��k[�Y Print�y ame: -��' 't5 G� Its: • a Pr117t Nam = ___1 r L MGx r 1 YCI LEGAL Fex:239-498-8277 Nov 18 2003 15:11 P.06 A *** OR: 3460 PG: 1529 *** STATE OF FLORIDA Les_ COUNTY OF CAialix$R ,1,..�T,h,,�e, oregoing instrument was acknowledged before me this day of �SO1l� , 2.003, by (X (2..• R , as of wCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. /she is personally krnosm to me or has produced as identification. Pri ted Namee.(1-4 E�l Notary Public Serial Number (if any) : Wist6,.. _ My Commission Expires: (NOTARY SEAL) „ Nary Pubis.Sass at Fkeida KA11MJ.000C1i r. ny .mph. 007 Y.2 STATE OF FLORIDA Conn.No.DD1Q163e COUNTY OF COLLIER I The foregoing instrumppt wasowledged before me this (g't' day of Nc i'n b,C, 2003, by C rmo-,('+7 , as Vice P-r"z)G1 r}1- of • FDIC OP ENC LLC, a Delaware limit4d liab c aay, on behalf of the company. xe/she is personally . oyir, o 4 ��has produced _+� ! ification. ,�L , 14 Notry - _ _ _ 11 1r:l.C1111 III nL..„...i. .,„...: ..w. `;:•re\16199\o 5\-fid Re.Oc, -RCj002•m- NOTARY PUBLIC S• ,TE G F RY JD .. is 1.7/a3/0,SMy Commission .,,•r: s •pnl vb 8A ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE $1,472 in savings inside 8 A Nrallt s 11:1 + 1 N Sunday,September 18,2016/$2.00 PART OF THE USA TODAY NETWORK Ready for a nut day on the Gulf? First you have to get:there, and that's no easy journey ;.1 le �. _ 0• t+ - � 1 • - LAST 1 ( ` �, PICKUP} i, ] , µ, i FROti,-;,' L, ,-30 -E ,. aa fr i 5 BEACH OUT oF REAcB JUNE FLETCHER JUNE.F;ETCHERCINAPLESNEWS COM,239-263.4775 ohn Minard,80,likes to walk or swim at the beach every day. illBut lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money dents coming to the region's premier attraction, to live along the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said. the beach. "Lots get full by 8 a.m.in season,but even in Au- And once gust,they're filling up by 10:30 a.m." they're there, Moreover,some of the parking spots he used to they want it use near Clam Pass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long way itis,' gone,making some of his beach access points in- MARK STRAIN accessible — and creating choke points at (NAIpMkN pt(OplEe COUNTY P'.AfrtpN6 See ACCESS,Page 6A CwNMsswN ,- ..''''''-:4,-- . -'t •� Kw AT TOP ee tnJlt}fifor tufo IgY1d(b ,,,,•:.:-..:;--..--",-' it �.. ., < V3,,,,,,,,, ,-.:71.h " et the Cf Seh,.i, ..,,, �txy,.;z.,�}.4 =,r,- "r,„a fi,� s • �v .-.e5..-;-..,,,:.:,:l.:':=‘,e 'X ,,,',:: ice t ,,,i,',,,.---'..:ie,,- Y �b i. y '�7'.4. �� BONITA / ESTERO / NAPLES MONDAY, SEPTEMBER 19, 2016 8 A (rii- THE NEWS-PRESS CAMPAIGN CONTRIBUTIONS,LOBBYING RECREATION Lawmakers `. f received .r l , it _ r ,.., , cash from 1 1 .r y.. i t drugmakers -_ _ _ AST TpAt 1 1=7 PICKUP :� , V �',, Opioid maker,advocates spent [ ,- 4.-.<. - i 1 RC 1.r , �:-i!i $3,8111 m Florida over past decade t 3 , TAMARA LUSH AND MIKE SCHNEIDER ? R .x' r ,t�, }- `� C x TAMPA.A joint investigation by 9 - :"i '" The Associated Press and the Center i , r 'f for Public Integrity found that drug. 4 makers that produce opioid paintdl" =:''—a 3?t' Qt ers,and allied advocacy groups,spent ' more than 533 million on campaign -i a ' q-�,.,wt contributions and lobbying over the Atter Florida past decade in Florida as they is s heJ lawmakers to influence state and federal policies. adopted The groups have an array of political Eeachg6 en wait in fine for tram service at the Cram Pass Park beach mess point or Naples so-caged interests that include opioid advocacy. abuse-deter and their spending was eight times rent legsta- that of the gun lobby during the same :ion tsgyear, peri Reach out of reach Gov.Rick The investigation Comes as the seorr signed nuJnber of overdose deaths from Pre- it into taw. seriprion painkillers has scared. scan received claiming tate lives of 165.00t)people in sto.oCi from the L'5. since 2IX10 Reporters ana opioid manus lyzed campaign finance and lobbying A.ss JUNE FLETCHER-:5.n tcnr.r r.EmnFr =aan{nr facturersdata from 2406 through 2015. re- according caccording to viewed hundreds of documents and Florida ohn kltnat•d,80,Iikes to walk or swan at the beach every campaign conducted more than 150 interviews. day finance and Drug companies say they are tom- grows, But lately the retired apple grower is having a hard lobbying mated to solving the problems linked time finding ways to access the beach near his home in data fu their painkillers.Purdue Pharma. debate North Naples. one of the largest opioid producers by With more visitors and more permanent residents sales,said it does not oppose policies percolates coming to the region's premier attraction.the parking 'that improve the way opioids are pre- lots are getting ton full,he said scribed"even i1 they result in Inver over "The last two years.it's been horrible; he said. sales. -Lots get full by 8 a m.in season,but,even in August.they're filling At one lune.Florida was the epicen" whether up by 10:30am.. Moreover,some of the parking spots he used to use near Clam See opioids,Page 10A there are Pass and Delnor Wiggins State Park when he first came to the area in t0O P,VC 1935 are long gone.making some of his beach access points inacces- sible—and creating choke points at others. access 'Access points at the beach are mobbed while the spaces hetuveen poi'OS See Access.Page 14A Election 2016 Trump visits today: what you need to know SHELDOt.ZOLDAN President George W. Bush's re-election cam scow,:na'iE.v;>a-ss ccr: paten in 200.1 at City of Palms Park In 2008.5en Lail Theater to host fitJohn MicCain's running mate,Sarah Patin.held The presidential campaign comes to South- an event N Germain Arena fundraiser to find %:*l west Florida today with Donald Thump making Trump stumped in Colorado Springs on Sat. new home.ID - ho first visit to Fort Myers, urda3 and was in Houston on Sunday for a Trump Trump will be the first Republican presider- tial candidate to visit Southwest Florida since see Trump,Page dA HIGH g9 ,_ a[lar:er radar Classifieds A 9C rt ton,�38 5pw:su,C ,.� ��(-����``. THE NEWS-PRESS a ea,hte uptlar s focal business iSA Need to know.C i vitwx '7A I rt /�f Published[mace r8sa LOW 76 -preu.<4m in0Mry',AA OSt On.tr o'4A wessne a IOC 4 90 2625 . Coltri9 ht BM est.1954 ,:�� '�, ,: , �hE� eted Best Wue to BnY! t Appliance,& t J 'tiara t�oi. a3s 22 First Place ' r YL'L ElectronicsSail PROFILE` �t AM aflers{hifltxAwards '*� jrTN : .1 v i ' .,tom umatuum9cnstomu t++r Service! -- BulinlYaur OwnjP,ackageJBeal!r .... .� ` FtotesslanalSetnp A! fhl ul & t. �,�", 1 slftsiailatlent I77wk r.m,, =:Ceaverata PPIl Electronics Purchase 0 r mere kitchen appliances .. "��°_ �' ,Wennie.raflirr.seal and contractor discounts! ':.0 l 7 i -. :._ tswmtsanr, US nor<.rrn ow s rets rwussmaa ue ro.1 i0.rts6.<13!..41, wi serlartnrtvs 7SWFLShowrooms ' .- •"'x :`.,- i' .,.` bilismith.aom �3YY75.SS9a. I t99A95.t979 I T7eSii.liSR I lIrG2 __ r 2S9"391t9i7 'Iy9 .13NI 'X1393341121 r eor4Snued from Page to � them are wide open."he said."It never was like this be- - v, """" , fore' ; 1 As more people come to Southwest Florida seeking a '4' -_r , spot on the sand—and taking up already limited parking „., , ,,„,,,s.a, „ ...as, ,,,,_,,,,;:sa,„7---------- a a I at rising fees—debate is growing as to whether they're ,. �. "c r 1, i ., - i i y a t being funneled into too few beach access points.And that could negatively affect tourism and real estate sales -=_ "People come here for the beautiful beaches,”said Mark Strom,chairman of the Collier County Planning „„yl • , eI t Commission and its chief hearing examiner"But it's get- / - ung harder and harder for people who don't actually live r -T'` along the beach to access them." -- On the surface it may not seem that Southwest Florida awe has much of a beach access problem,at least compared with some other parts of Florida,which has more than 2,000 public access points statewide. 11 According to Florida's Department of Environmental :=:-=-d ". Protection,Collier County has 57 public access points l along its 34 miles of sandy beaches(spaced at an average _ - e>,.,, ofevery 0.6miles),while Lee County has 98access pointsg '" along 47 milesof coastline tor every 0.48 miles),and Char- lotte County has nine access points along 12 miles of \ .‘e beach for every 1.33 miles). w Contrast that with Hillsborough County, which in- ! eludes Tbmpa.Ithas only one access point along its paltry .---a. au _ 2 miles of beach—and it can be reached only by boat. \\\ But compared with South Florida counties on the east i -oast,Southwest Florida's access points seem limited and tar apart, Sao-o53e NCCott,AJCME'SEs.aurti5 oatY Si,5 Miami-Dade County has 129 public access points over Beachgoers Carry their belongings to the tram at the Clam Pass Park beach access point in Naples on Sept.10 Clans Pass Park 20.8 miles,or an access point every 0.16 miles.And Bro- has 171 public parking spaces,which are 18,or free to visitors who have a beach parking sticker, ward County.which includes Fort Lauderdale.has 179 ac- cess points over 24 miles,or every 0.13 miles Having more access points,as well as ample public A line in the sand parking nearby,snakes it much easier for Florida's east While limited access points,tight parking and rising fees r zit beachgoers to hit the sand,said Miami resident Car- are the biggest obstacles to public beach access,some men Borges,51. beachgoen also say they are being chased away by water- - Lounging on Vanderbilt Beach last week.Borges said front property owners who say their peaches are private. - `f Naples' more restricted access and longer walks to 'it's happening more and more,"said Grant Gillman,18, -� • •,! crowded parking lots was frustrating by comparison. who works at a Fort Myers Beach coffeehouse.In reality, I - "If you come with stroller or a kid,or someone who is throughout Florida,all lana owners along the sand only ' handicapped it's difficult,"she said own rights to the beach up to the Erosion Control Point,or Nearby,Wendy Batts,43,of Louisville,Kentucky.won- traditional mean high water line—a ling that once set. - dared why'associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach - — owned by seasonal residenis and empty for much of the renourishment,The public has the right to ase the beach year—don't allow tourists to use their empty parking lots from that line to the water and access their private beaches during the offseason. a . "It would be gracious,"she said."After all,we spend money here and help keep your economy afloat." built out. Collier planner Strain is worried the county isnt pre- The county has 1,516 beach access parking spaces.not Beachgoers carry their belongings to their cars at the paring adequately for what he sees as an explosion of de. counting the city of Naples. Vanderbilt Beach access point in Naples. mend that will only get worse. No boardwalks or new access points to the beach are Collier's permanent population is 354,000,and its peak being planned.Strain said,and rocketing beachfront seasonal population is 425,000.Strain estimates the cows- prices make buying more land for access or parking too hlnar'd thinks that's an incentive for Lee residents to ty's population will swell to 1 million to 1.2 million when it's prohibitive for county coffers. buy Collier parking stickers instead of Lee stickers,con- Another problem is resistance by people who live on or tributing tothe overcrowding of Collier beaches neal'the FUNERALS&MEMORIALS near the beach to providing more ways for tourists and Lee line"Beaches primarily should be used by their nor . 4t, ,t c,• Memo i,'i inland s ,w hat ' s 'awn ts,"he said. a htra:1-ieesiott , _"?A - _' ......,;,„i'.:',„",;t ,, r, fresh �;:s'c L.li"he nofhctals NfllierC unty ndthcit ofNapl s. •:a:•--"•e. hat sort of logic has long beena bone of contention t r �ail t onevtolmt rttgn t air he . ;�y:< ty es, o said y limiting g www.news-press.com(obits or call 335.0324.Please it is" along the beach just to city residents. visit news-press.com for archived obituaries-obituaries So residents often resist suggestions Like bigger park- Naples City Manager Bill Moss said that's inspired by and photographs submitted to The News-Press may irtg garages or public transit,even if it would mean cut- the feeling that the county doesn't do enough to help the be published,distributed,repurposed and otherwise ting down on the number of cars that prowl streets look- city maintain its own access points,which outnumber used in print.electronic and other media platformsbig for spots,Strain said those of the county and often attract county residents. When the luxury high-rue Moraya Bay was built set. "About amillion people a year come to the Naples Pier Death notices REBECCA SMITH en years ago,it cut Off 16 county public parking spaces at alone,"he said The beach access to the popular Pier was the entrance to the neighboring North Naples beach Sc- refurbished last fall with new restrooms and planking FORD,NANCY N..97. MARKGRAF cess.So sand-seekers who wanted to use their free-to-res- that cost S2.5 million. of Bokeeua died September sFP'}`EhfBER y.201' idents Collier County parking stickers were forced to use But while the Pier,Losrdei'milk Park antI the beach ac- Is.2016 ArrangemReeu by ao-ca Sm"1 Slarhg ar. Conner Park,a half-mile away cess at the end of Fifth Avenue South are heavily used, Hodges Funeral Mone ac L« ' r Fon tit Ses. t sub Shuttles from inland parking lots would help alleviate "there's no planning whatsoever for more access,"Moss c l6. she bermmner item°r.al Park ���+.`at G. Sh<ssa,bon Ions the Problem,but ton often.residents object to them, said.'To be able to acquire the land is beyond local gov- 26,1409 in Birmingham.41 Strain said. errunent." and mowed is Fort Myers wirh But sticking your head in the sand won't make the That's because many of the city's beach access points her family in I'its 'She was problem go away,he added are near some of the region's most expensive real estate. rrr, r re t ears,and received "As the eastern portions of the county become devel• with beachfront lots running into the millions. het arif11ati 5.ainFilain foes oped and residents head to the beach especially from Because public parking is limited to a handful of i. l-.t incoar F ospitel Si,- huge new towns like Rural Lands West and Ave Maria. spaces at these access points,beaches near the mansions m,nrhsns. Si, .omPired traffic along the beach will be terrible,"he predicted. are among the most uncrowded in the region—although her F3,ch<lora L'm<grso at ee, What's more,because many of the county's beach Sc- people sometimes park illegally to get to them son t:ofl<<and.neat tin to cesspointshaveno public complete e, c ooh, in P parkingnearby,they are for "People park on yards and shrubs,so we have to send s Oporar;ng pour,and C.dpurposes g practical inaccessible for anyone who doesn't the police around."Moss said. •- ior billing and dein,ice.-, live within walking or biking distance,Strain said. Yet there are no plans to shuttle people to these more y Mee recently, he iso l td at Such inaccessible access points include the roughly 2- secluded beach access points.Moss said. h me in slairns reytc, mile stretch on North Gulfshore Drive front Vanderbilt "We're not looking for ways to help people get to the Rebecca is sarsrs•ed I''., he, Road to 110th Street.or the beach along Pelican Bay. beaches here,'he said j loving h b d f 25 is ;And sometimes even bike riders havea hard time fund- In fact,the city recently upped its parking rate for paid slt .-t un Ma ie r h <h larch tog a spot. spots from$1.SO to$2.50 an hour and put in meters that n a Mab Markgrat- ro rs us- When he lived on Marco island,Gage Wheeler,20,of- take credit cards in a move that's anticipated to bring$1 } ( rends attending rhe rn ten found the five to eight spaces sin of South I rt`...I t'e<esc til pa provided for bikes on million in revenue to the ciri',said Lisa Douglass,the qty's �''` his Bachcbor.s Drer<e a,: beach access racks"really packed""Sometimes there billing and collection manager. b.f Melissa MMarkgraf currently was no place to lock up your bike,"he said. When people pay meters with coins.she said,they stay +ii t h,roil in Enei and where she is Other times.especially during the stormy summer only as long as the jingle in their pockets will allow. dying ler h Master'sD. months,parking lots flood to the point of being nearly int- "But people are more apt to overpay with credit cards erre S'h s aim eon-tired by passable for days.as frequently happens at the 96-space so they don't have to come back and feed the meters,"she her Enricher. \li.hael Smith Collier County lot on Lela Barefoot Boulevard that serves said,adding the city has 1,305beachaccessparking spots . She is as preceded in death b, the access point to both Barefoot Beach and Bonita While rising fees bring in revenue,they also hamper her par<nrs_Herbert and loan Beach.just over the Lee County line. accessibility for those hard-pressed to afford them. Ince and Smith Carl Sclnving,manager of the city of Bonita Springs, Fort Myers Beach resident Jimmy Masterson.52,said Fan« arrangements n arc said he's"veryconcerned"alwut the lack ofparking at it alsoputs a damper on the day of beachgoers who must Nive d. o ialeGn f lore le 8 Nivea bi<moriil Gardens fa. Bonin Beach,the most accessible public beach In the constantly check to make sure their meters aren't ex- .d Hanle I 58 C-,on:ai southern part of Lee County in terms of parking. pined,exposing them to heavy fines."When I came here tl i Shod..Foss Myers.Ft ;ler- Although there are 99 parking spaces on the Lee Coun- 19 years ago.parking along the beach was free,"he said. Oath c r -1 ns e' m a. be ty side of the beach access,tie's hoping the lot can be re- In Lee County,parking fees rose in 2009 from$1 to$2 all"!ai."'"'a faoa°cool, configured to squeeze in a few more spaces. an hour at the Bonita Beach Access No.1,Lynn Hall and rriorial.<, He's also asking two developers who want to build in- Bonita Beach Park access points.They rose the same A Celebration of Lii la be land hotels in the city to add about 200 public parking amount in 2013 at Bonita Beach Access No.10,Bowditch held tarn 1.30 3.30 PM on spaces to their hotel lots.They'd then take residents and and Bunche Beach. Sunday.Seh th 25 0t6 Pa a rhe Ec s n s r ,r hotel guests to the beach on their private shuttle buses. That helped to raise parking revenues at beach parks 35,33 McGregor Slid., r s.-e which,unlike public shuttles,wouldn't be subject to the front S1.34 million in 2013 to$1.54 million in 2015 avers whims of NIMBY neighbors. In the meantime,businesses near the beach wrestle In lied of fingers,nc i,.r,ai 'Ile idea has been well-received by the hoteliers,"he with the issue of beachgoers parking in their lots to avoid <enaibatiote may be made m. said,adding that private beach shuttles front master- the paid spots.Is towing vehicles worth the risk of riling Page 1 of 11 Beach out of reach 8 4 As more people come to Southwest Florida,debate is growing as to whether they're being funneled into too few beach access points. June Fletcher.junc.tletcher`a naplesnews.cont: 239-263-4775 Share This Story 14 TSN eet Share Share Pin Email Comment John Minard,80, likes to walk or swim at the beach every day. But lately the retired apple grower is having a hard time finding ways to access the beach near his home in North Naples. With more visitors and more permanent residents coming to the region's premier attraction,the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said."Lots get full by 8 a.m. in season,but even in August,they're filling up by 10:30 a.m." Beachgoers carry their belongings to the tram at the Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016. Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker. (Photo:Nicole Raucheisen/Naples Daily News) Moreover,some of the parking spots he used to use near Clam Pass and Delnor Wiggins State Park when he first came to the area in 1985 are long gone,making some of his beach access points inaccessible—and creating choke points at others. "Access points at the beach are mobbed while the spaces between them are wide open,"he said. It never was like this before." As more people come to Southwest Florida looking for their spot on the sand—and taking up already limited parking at rising fees—debate is growing as to whether they're being funneled into too few beach access points.And that could negatively affect tourism and real estate sales. "People come here for the beautiful beaches,"said Mark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner."But it's getting harder and harder for people who don't actually live along the beach to access them. On the surface it may not seem that Southwest Florida has much of a beach access problem,at least compared ww ith some other parts of Florida,which has more than 2,000 public access points statewide. According to Florida's Department of Environmental Protection,Collier County has 57 public access points along its 34 miles of sandy beaches(spaced at an average of every 0.6 miles),while Lee County has 98 access points along 47 miles of coastline(or every 0.48 miles),and Charlotte County has nine access points along 12 miles of beach(or every 1.33 miles). "People come here for the beautiful beaches. But it'sgetting harder and harder for people who don't actually live along the beach to access them." Mark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner http://www.naplesnews.comIstory/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 2 of 11 Contrast that to Hi llsborough County,which includes Tampa.that has only one access point along its paltry 2 miles of 8 A beach—and it can be reached only by boat. But compared with South Florida counties on the east coast,Southwest Florida's access points seem limited and far apart. Miami-Dade County has 129 public access points over 20.8 miles,or an access point every 0.16 miles.And Broward County,which includes Fort Lauderdale.has 179 access points over 24 miles,or every 0.13 miles. Having more access points,as well as ample public parking nearby,makes it much easier for Florida's east coast beachgoers to hit the sand,said Miami resident Carmen Borges,51. Lounging on Vanderbilt Beach last week, Borges said Naples' more restricted access and longer walks to crowded parking lots was frustrating by comparison. "If you come with stroller or a kid,or someone who is handicapped, it's difficult,"she said. Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples, Florida on Saturday.Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Nearby, Wendy Batts,43,of Louisville, Kentucky,wondered aloud why associations for beachfront condos—many of which are owned by seasonal residents and empty for much of the year—don't allow tourists to use their empty parking lots and access their private beaches during the off-season. "It would be gracious,'she said."After all,we spend money here and help keep your economy afloat." Collier planner Strain is worried the county isn't preparing adequately for what he sees as an explosion of demand that will only get worse. Collier's permanent population is 354,000,and its peak seasonal population is 425,000. Strain estimates the county's population will swell to 1 million to 1.2 million when it's built out. The county has 1,5 16 beach access parking spaces.not counting the city of Naples. No boardwalks or new access points to the beach are being planned, Strain said,and rocketing beachfront prices make buying more land for access or parking too prohibitive for county coffers. Click here to view a map of beach access points in Collier Another problem is resistance by people who live on or near the beach to providing more ways for tourists and inland residents to reach what many consider their own private preserves,he said. "People pay a lot of money to live along the beach,"he said."And once they're there,they want it to stay the way it is." Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples, Florida on Saturday. Sept. 10.2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) So residents often resist suggestions like bigger parking garages or public transit,even if it would mean cutting down on the number of cars that prowl streets looking for spots. Strain said. For instance,when the luxury high-rise Moraya Bay was built seven years ago, it cut off 16 county public parking spaces at the entrance to the neighboring North Naples beach access. http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 3 of 11 8A So sand-seekers who wanted to use their free-to-residents Collier County parking stickers were forced to use Conner Park, a half-mile away. Shuttles from inland parking lots would help alleviate the problem,but too often,residents object to them, Strain said. But sticking your head in the sand won't make the problem go away,he added. "As the eastern portions of the county become developed and residents head to the beach,especially from huge new towns like Rural Lands West and Ave Maria,traffic along the beach will be terrible,"he predicted. What's more,because many of the county's beach access points have no public parking nearby,they are for all practical purposes inaccessible for anyone who doesn't live within walking or biking distance,Strain said. Such inaccessible access points include the roughly 2-mile stretch on North Gulfshore Drive from Vanderbilt Road to 110th Street,or the beach along Pelican Bay. Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) And sometimes even bike riders have a hard time finding a spot. When he lived on Marco Island,Gage Wheeler,20,often found the five to eight spaces provided for bikes on beach access racks"really packed." "Sometimes there was no place to lock up your bike,"he said. Other times,especially during the stormy summer months,parking lots flood to the point of being nearly impassable for days,as frequently happens at the 96-space Collier County lot on Lely Barefoot Boulevard that serves the access point to both Barefoot Beach and Bonita Beach,just over the Lee County line. o c .z' ate^--- • `4 ` ! WV t ` w 14 a4} Skip Ad gtoilogdskporida residents bemoan the lack of beach parking and access points.June Fletcher x http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 4 of 11 ea EarbEethwing,manager of the city of Bonita Springs,said he's"very concerned"about the lack of parking at Bonita Beach, the most accessible .ublic beach in the southern part of Lee County in terms of parking. Although t ere are '' parking spaces on the Lee County side of the beach access,he's hoping the lot can be reconfigured to squeeze in a few more spaces. Stmt ein IMF oulmc poll: Do you think there are enouuh Keach access points in Collier and Lee? He's also asking two developers who want to build inland hotels in the city to add about 200 public parking spaces to their iotenots. They'd then take residents and hotel guests to the beach on their private shuttle buses,which,unlike public shuttles,wouldn't be subject to the whims of NIMBY neighbors. "The idea has been well-received by the hoteliers,"he said,adding that private beach shuttles from master-planned communities like Bonita Bay are used frequently by residents and seasonal renters. The growing demand for beach access has caused some residents,like Minard,to wonder if the price differential for different beach parking stickers is putting undue pressure on certain beaches. Both residents and nonresidents of Lee County must pay$60 a year for a beach access parking sticker.But Collier's beach stickers cost only$50 for nonresidents(residents get a free sticker). 4..`. -• • . • fr Beachgoers walk with their belongings to the Vanderbilt Beach Parking Garage at the beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fu I Iscreen Miguel Oliveria,second from right,holds Liliana Pereira, Miguel Oliveria,second from right,holds Liliana Pereira, 11 months,as she smiles at the tram service driver at the Clam Pass Park beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida, debate is growing as to whether theyere being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) I'u I(screen http://www.naplesnews.com/stoty/news/local/2016/09/16/beach-out-reach190309508/ 9/17/2016 Page 5 of 11 VA Beachgoers load up their belongings in their car at Beachgoers load up their belongings in their car at the Vanderbilt Beach access point in Naples.Florida on Saturday,Sept. 10,2016. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Jan Scott,center,goes to check on his tram service Jan Scott,center,goes to check on his tram service guests as they load up at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016. The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk. (Photo: Nicole Raucheisen/Naples Daily News) Fullscreen The Clam Pass Park offers a shuttle service at their The Clam Pass Park offers a shuttle service at their beach access point in Naples, Florida. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) I ullscrecn Hotel guests ride the free Inn at Pelican Bay shuttle Hotel guests ride the free Inn at Pelican Bay shuttle service at the Vanderbilt Beach access point in Naples,Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A sign on Jan Scott's tram welcomes guests at the Clam A sign on Jan Scott's tram welcomes guests at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016. The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A beachgoer rides his belongings on his bike to the A beachgoer rides his belongings on his bike to the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10. 2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers wait in line for the tram service at the Beachgoers wait in line for the tram service at the Clam Pass Park beach access point in Naples on Saturday.Sept. 10, 2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo: Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers carry their belongings to the tram at the Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples, Florida on Saturday. Sept. 10,2016.Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples, Florida on Saturday.Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) 1=ullscreen Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10.2016. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) 1'nl(screen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 6 of 11 84 Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Parking signs line the 6th Avenue North beach access Parking signs line the 6th Avenue North beach access point in Naples, Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen An access point to a Collier parking lot on Lely Barefoot An access point to a Collier parking lot on Lely Barefoot Boulevard that is often flooded in summer.making it difficult to access the beach.(Photo:June Fletcher/Naples Daily News) Fullscreen The Vanderbilt Beach Parking Garage has 375 spaces, The Vanderbilt Beach Parking Garage has 375 spaces,but is located down the street from the beach access point,as can be seen here, in Naples,Florida.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) 1 uliscreen Jan Scott,left,drives the tram along the boardwalk Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A beachgoer loads their car at the Lowdermilk Park A beachgoer loads their car at the Lowdermilk Park beach access point in Naples, Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers load up their cars at the North Lake Drive Beachgoers load up their cars at the North Lake Drive beach access point in Naples,Florida on Saturday,Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Lowdermilk Park offers approximately 125 parking spaces, Lowdermilk Park offers approximately 125 parking spaces,some of which require a Beach Parking permit,while the remaining spots are metered.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Like this topic?You may also like these photo galleries: Replay • MI of20 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 7 of 11 8A .._.......a? of 20 3 of 20 -11L0111—'7-'.Y- 4 of 20 5 of 20 • 6of20 • • 7 of 20 • 8 of 20 )of20 10 of 20 • 11of20 12 of 20 .. • 13of20 • 01'20 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 8 of 11 ni8A 15 of 20 • 16of20 all 7 of 20 • 18 of 20 19of20 vo 10 of 20 Autoplay Show Thumbnails Show Captions Last SlideNext Slide Minard thinks that's an incentive for Lee residents to buy Collier parking stickers instead of Lee stickers,contributing to the overcrowding of Collier beaches near the Lee line. "Beaches primarily should be used by their own residents,"he said. But that sort of logic has long been a bone of contention between officials of Collier County and the city of Naples.which occasionally floats the idea of limiting free parking along the beach just to city residents. Naples City Manager Bill Moss said that's inspired by the feeling that the county doesn't do enough to help the city maintain its own access points,which actually outnumber those of the county and often attract county residents. "About a million people a year come to the Naples Pier alone,"he said.The beach access to the popular Pier was refurbished last fall with new restrooms and planking that cost$2.5 million. But while the Pier,Lowdermilk Park and the beach access at the end of Fifth Avenue South are heavily used,"there's no planning whatsoever for more access,"Moss said."To be able to acquire the land is beyond local government." That's because many of the city's beach access points are near some of the region's most expensive real estate,with beachfront lots running into the millions. A beachgoer loads their car at the Lowdermilk Park A beachgoer loads their car at the Lowderm ilk Park beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 9 of 11 8 A A Because public parking is limited to a handful of spaces at these access points, beaches near the mansions are among the most uncrowded in the region—although people sometimes park illegally to get to them. "People park on yards and shrubs,so we have to send the police around,"Moss said. Yet there are no plans to shuttle people to these more secluded beach access points, Moss said. "We're not looking for ways to help people get to the beaches here,"he said. In fact,the city recently upped its parking rate for paid spots from$1.50 to$2.50 an hour and put in meters that take credit cards in a move that's anticipated to bring$1 million in revenue to the city,said Lisa Douglass,the city's billing and collection manager. When people pay meters with coins,she explained,they stay only as long as the jingle in their pockets will allow. "But people are more apt to overpay with credit cards so they don't have to come back and feed the meters,"she said, adding the city has 1,305 beach-access parking spots. While rising fees bring in revenue,they also hamper accessibility for those hard-pressed to afford them. Fort Myers Beach resident Jimmy Masterson, 52,said it also puts a damper on the day of beachgoers who must constantly check to make sure their meters aren't expired,exposing them to heavy fines. "When I came here 19 years ago,parking along the beach was free,"he said. Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points.with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) In Lee County,parking fees rose in 2009 from $I to$2 an hour at the Bonita Beach Access No. I. Lynn Hall and Bonita Beach Park access points.They rose the same amount in 2013 at Bonita Beach Access No.10, Bowditch and Bunche Beach. That helped to raise parking revenues at beach parks from $1.34 million in 2013 to$1.54 million in 2015. In the meantime.businesses near the beach wrestle with the issue of beachgoers parking in their lots to avoid the paid spots. Is towing vehicles worth the risk of riling potential customers? "It's hard, since more people are taking up spots and staying longer,"said Adrian Graham, bar manager at the Beach Bar Café across from Vanderbilt Beach,adding she's even had to shoo interlopers from employee parking spaces around the back of the building. But she doesn't understand why government officials, developers and beachfront residents can't work together for a regional solution to a problem that won't get better by itself. "If big cities can figure it out. why can't we?"she said. Parking signs line the 6th Avenue North beach access point in Naples. Florida on Saturday. Sept. 10.2016. As more people come to Southwest Florida. debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) A line in the sand http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 10 of 11 While limited access points,tight parking and rising fees are the biggest obstacles to public beach access. some beachgoers 81 A` also say they are being chased away by waterfront property owners who say their beaches are private. "It's happening more and more,"said Grant Gillman, 18.who works at a Fort Myers Beach coffeehouse. In reality. throughout Florida,all land owners along the sand only own rights to the beach up to the Erosion Control Point. or traditional mean high water line—a line that once set,doesn't vary even if the beach is altered by erosion or beach renourishment. The public has the right to use the beach from that line to the water. v \ •.Direct:Coastal Access Guide J. + s'� "A 14 • t pntNas }, i' ' r Iti.1.1,- . I:kq I.IirKi Show Imagery Slider >> --Show County— V 1:577,790 ^ v 0 0 5 lomi Share This Story 14 I.Ni eci Shi3re Share Pin Email Comment 40 Ai41' 1 :11 e Ill W PART OF THE USA TODAY NETWORK (0 2016 naplesnews.com.All rights reserved. http:.//ww•w.naplesnews.com/story/news/local/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page I 1 of 11 Share Enjoy a limted number of articles over the next 30 days Subscrihe I oday L���_ In Subscribed,but don't have a login? Activate Your digital access. Join the Conversation To find out more about Facebook commenting please read the Conscrsation Guidelines and FAQs Share This Story! 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C = W WI co - -4mz m Tr- ocnm 6" m -4 Ov 0 = z ` 9 3 m33mowCD -4-4 cn C o = -i = Op no = y m c_nn0 O o ° z u' g Ci Ci m r Z c -1-co Z �• .. 4 -_no -0 C --1 Si C'0 c m O pw z more, �. - i o � -1 p � ■- v zc v Coo • WCn m my � �' 1 m -� m npi cs t4 li 1. > v = m � > O amu' D 0z ' m O * D 00m 71 m0 m cp = -I ii i Z < z Cn 0cooy .' _1 D Cl) -mv O --i � = 0 0z Dor a Oz mYIW r- c p -4 -4 Co ao ▪ � X/ m Z -1 d T T) Z o a 8 A • CD z 03:2 '0 3 21 CO 76 y `D CD -n 0 =. °: Q c n _c `v XI ro :° -o = ► CDrr D MK r OCorn O > 3 mmsK � 7 = m = z =I o c `g '^ c„ i Z O m 0 ' mz '� 0 M g3 —1 ZZZ � N . m mpj � X070 �, �' z = DJ 0 z 1 ` 0 z �m m 0zz , —n r 0 m fA D m > 33 0p DJrz r co r O 0 CO O m Z = -< o) CD —I GD3 C = Zw F � = --I m0 1 Q o m 3, - cn 0 n �b N v O. 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V) WCn nn �Do �7 > m --1 z v .. rn m O vrnm p mA 3) vm m cnrn = Zmeim m n .1 Co -op -1 6' mr mm O n mmZo p _ m -n033 � � c � -1 0co C � m m Z -7 c7) 0 0 71 CD 0) � n 8 A CC c • c� CD -< - 0 r13) im u- 3 n = at -CI 0 m n0 .4 CD a = m r O00m o \ 3 0 corn = mTx m can -1 CO0 .94 O mz D 5mz [l O m m � � � � 0 GJ wMI x - z � 1 c xov 0 zm m 0zz ici -n I- CD m CnDm -11%. 0 O Op G m-< z x r- ao ... xrO 1 Z Z0 C -IZ $ y �` CO x pC m mya $ m Da V) p_ e cn S a � � m 33 < m 0) 03 Au) O X � m 0 nom rnxm �o -+ mo 0 W' I-- Oto —1 ZT 0 = z0 3 3 O C0 C mr � = O W -1 tnc 73 pcp M oTo n xrt z- v O O oOZ .pper m �rZ -CD Z'' '6�■ -Um Zm G C = p "�O jWZ " 2-111 x —' p -I `fi On 2= o a K- 0, Cr . m O , Z o -1 a C) � m D Zvv mm m tnnJ CD -o nn -.1 Zv rrn xm O omm > ox a mcn -1w CO oZg- m p * D OOm r023 o -itn M Wm m Cm = ZE.< z U) vooy raii mm O xpr M pZ r m0m _n 0 03 0 co -‹ m Z cC 1