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Q f7 xj _ 13 -o = O M r0 - > m 1_' OWm 0 ( COM _� M -m� DJ 0 \ 3 rn n -i moo CD r Z O m � v Cnmc \ cnZ omZ t)) O m cn0 --1 mo - r. 1 m m -1 O 332 � Cr/ m oz = 3° DZ r v Zmm m GZz m r0 m C5Dm ' , 0 O 00 w m -< Z r- co .... � rO A Z m Z = -< GO a"-% CO —1 zo C = z6 a CD = "4 m 0 0. m -1 OOm m � > Cl) a' CO W = 70 O 'DO gym ci minom I— D3m _ 0O � o c r+ rn „ „ -G --�- o 3 O 33 Do a m0W cl 3 —1 co _ 0 c 0 rn 1 —I C7 DJ Z 0 ,„. O il r• CD O O 0 0 Z .-« O 11 -TiZ -D-IC o —• _'1 -� —, 0 O 6 W Z m ,-1 N �, O0 ,n po0oo v �M OK Z O =I > (I) S'''''' mZii * m z 0 0 —I N cn rr-- -Z-1 n � Do O ►� M la r a-13 ny --1 z0 n 1. rnmm 0 0mm� ® 0 � n m ) 0c5 N mcn 0 * v 00DJ v m m0 = 0 = � > m M cnm = O � 0 O Dir Ir' mm Z 0r Zm o 03 nO oW DJm n --.4--- -< m 2 c (7) E it, z __, _1 .8.... cn -< 2 = 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 O. 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 <iMichaelBosi@colliergov.net>; McLeanMatthew <MatthewMcLeari 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 Per LDC Section 10.02.03 H. 1., the application is now considered withdrawn and cancelled as there was no resubmittal within 270 days of the comments being issued (9/5/2016).A new application is required if the applicant chooses to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 [mailto:APires;"a,wp/-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? i 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@mol-legal.com "-'F Firm Website: www.wpl-legal.com This transmittal and/or attachments may he a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited_ If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 Anthony Pires From: BosiMichael <MichaelBosi@collierc�ov.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 it from it's 1982 roots into a beautiful 4 unit coastal-style Beach front bed and breakfast. We renovated the 4 units and left not a single stone unturned....we replaced, floors, appliances, kitchens, windows, doors, every shred of furniture...the works! This is like home to us. It's not just a property or a local restaurant, it's our "place", our place where we are raising our families. If you come downstairs for a coffee, you are likely to meet one of my three kids that work at the restaurant (Madison, 17, Cole 14 or Dylan 11) or even my best friend, "Jack" the black lab. (He's our official mascot). You could bump into one of Ralph's sons too (Andrew or Eric or his wife, Phyllis) and even see Ralph and I greeting guests, looking over the details or listening to our favorite musician. So please come stay with us...say hi, relax and I think you too will fall in love with the Beach Box family....see you soon! Gary Brecka & Ralph Cioffi " 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 w • 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. Linder Florida Law,e-mail addresses are public records. if you do riot want your e-mail address released in r'wponse to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 + - J - b ,,•*-::) w --- k. _ t t. . •.' 7 - _.,,,,,4,.. p,...4.-- t';,,,,' ., it. o.,k ., ...,..-- .. ,1< aig, t 9 ) .y # ti- t _fit to k r `.� -4,,,14.1C4',"e'!';40.4 ' .• .• u •.„7,_11.4...14.4....-•. ...: mo4r411! d r „ ky i1 . �{ ' F 0� 4� \• j ii.4.:,'• 4'. - 0 1:;-•;%;----J.-01f Pli4*A 1 ' ' .. * '.4'. ' ' Po co ,_. ,ir, *.:°. .„----7 .-'::,..„2.'"-- ' , „••,,iii,-.„---:!--',„,i4. , ,t, lifF4'•!.•i -'''''..- :4001.1._ f.,',-, - ..."1 --' 4 ,i; ,t.,3.';:,,A.,:it.,- :,--, cr ':•. F 6 d Yip ixi .a.14 O P. :i�� 11) i • Art, 4 � is a f)y • y '2's'.a' ',J' vii S '0 C IIIIR. o 171 O y�`p z gAw > •.tt', '-'1-iPi.::::::;44-1:',---..k:Cte.)e??Il ..'": C:1 Zi RR° 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 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 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.l.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. 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 followini 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, VC+CCV I1VVA�VI1UVJ 111LV V I. V CJ r age I Ul 1 HOME CONDOS REVIEWS CONTACT US About Us :*` Meet Gan' M' Bre cl a 4� ,r & Ralph Cion, - ' owners of' f , '� ` �` 1,, 1 Beach Bora fc� tr p i , /' & Beach Box '.. CoticlOs 1y t 4� Thank you for looking into a stay with us at the Beach Box Condos! My name is Gary,and my friend and �It 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 siniple...he and I came together a few years ago becvuse 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 Brix Cafe.,...0 friendly,clean place to eat,drink,enjoy l ;4 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 totahe it from it's 1882 roots into a beautiful 4 unit coastal-style Beach front bed and breakfast. We renovated the 4 units and left not a single stone ``fi 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 ' 1r our families.If you come downstairs for a coffee,you are lilrel y 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 Ciotti _ E ,;�� t ;-,L !' ,� A �c,�-.k ,;,� (�,.� .1 ` �„ . ... 1'., - ,,r y' ,E'er" f it ''alt "�. - 2A 1 i ' �i is ,.i 1: r 44.14 ,t'vd i1f 'T .'1 ti' f11� , ,' , :1. ,do. t , 1 , i / x 4 . : i N, ' "4...' 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V`• A I I _ i 1 I k m L,,.,:,...,c D P ai iitil „,:, _______±_,_j ;� 1 I I Li-.;T ....: • i.„ , ,,,......c./H ' Im ;p n ! r J A. - N. / / X! �2 v ' ; tal .66 ME Ane . w . --•• • F .4 - • 1. • O b M • 1 m . 7D 1 b m g1 m 11, M M dl cl M b XSm a ao + a M 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-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 not fied 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: 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 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 I _ 11111.From: Anthony Anthony Pires Sent: Monday, October 10, 2016 4:24 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'Klatzkowieff; '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 appeal PL20160002324. 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-lecial.com 1 Itl/� 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 not fled 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 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 not fied 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: 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-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 s 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: 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/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 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) <Michaell3osi@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 • 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 s 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-lebal.com 1 Firm Website: www.wpl-leoal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error: any review. dissemination, distribution or copying of this transmitta 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 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@wpi-legal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmitta 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 WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW August 22, 2016 CRAIG R WOODWARD Board Cadfed:Real Estate MARK J.WOODWARD Board Cetdfied:Real Estate ANTHONY P.PIRES,JR. Honorable Donna Fiala VIA EMAIL AND U.S. MAIL BcaraCettified'Crty,Caam: Board of County Commissioners and Government Collier County, Florida J.CHRISTOPHER LOMBARDO C/O Michael Bosi, AICP Board Certified:Marital and Fan*Law 2800 North Horseshoe Drive Naples, Florida 34104 CATHRINE A HUNTER LL.M.(Taxation) 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 JENNIFERL DEVRIES Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re- JENNIFER M.TENNEY 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. SHITE 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 SurrE 500 P.O.Box ONE Box materials before the BCC and/or BZA as to the Appeal, the APR Re-Issuance MARCO ISLAND,FL 34146 and the August 12th Denial, is specifically reserved. Further, the Parties 239-394-5161 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 If you have any questions, please do not hesitate to contact me. Respec -d,4- 5r. Esq. APP/Ig Enclosure(s) Cc/with enclosure(s): Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala Leo Ochs, Chris Scott, Mike Ossorio 0 2 Co lier 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 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 , 2800 North Horseshoe Drive•Naples,FL.34104•239-252-2400•www.coliiergov.net the City of Fort Myers Beach, cannot be applied to the Vanderbilt Beach area, due to the 375 parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code of Ordinances. The basis of the APR application cannot be supported in light of the restrictions contained within Section 130-79. Staff recognizes that 17 on-street parking spaces are within the vicinity and the concept of"park once" could be applied to these spots, but the number of on-street parking spots (17) or 4.3 percent of the public parking indicated within the application as available, is not sufficient to justify the requested 31 parking space reduction sought in the APR application. Additionally, it should be noted that condition of approval number two of both approved APRs cafe, states, (This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a ca 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 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 From: Anthony Pires Sent: Friday, October 21, 2016 2:25 PM To: 'HenningTom'; 'HillerGeorgia'; 'FialaDonna'; 'NanceTim'; 'TaylorPenny'; 'OchsLeo'; 'Klatzkowieff; '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-legal.com A 11 : 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 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 ANTHONY P.PIRES,JR Board of Count VIA EMAIL BoardCenified:Clt},Count}t y Commissioners and Local Gorernment Collier County, Florida J.CHRISTOPHER LOMBARDO c/o Michael Bosi, AICP BoatdCertifiedMarital 2800 North Horseshoe Drive and Family Law Naples, Florida 34104 CATHRINEA HUNTER Re: APPEAL PL20160002324 (the "Vaguna Appeal", filed on or about LL.M.(Tazation) 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 ® 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 P.O.BOXON50E0 PL20160001347 (the "Residents' Appeal") or the Vaguna Appeal are waived by MARCO ISLAND,FL 34146 anything stated herein or omitted herefrom and the right to present, make and 239-64296402 FAX submit additional motions, objections, arguments and materials before the 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 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 Cafe, 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. Resper,#uI-I. bmi ed 7 )_ ' do ' 'ires, Jr., Esq. APP/Ig Enclosure(s) Cc: Leo Ochs Jr.; Jeff Klatzkow; Mike Bosi; Board of County Commissioners 2 EXHIBIT A 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: Existin Cafe Indoor seats): 7 Seats Existing Retail Space 1,770 Sq. Ft Existing Office Space: 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces Jhe proposed uses are quantified as follows: Proposed Café (Outdoor seats): 18 Seats= 9 spaces Proposed Café (Indoor seats': 450 Seats= 25 Spaces 41.1.01101•11MOIMMID 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 Beachtio,! aIC Esliihi! rl:,vPR.Iu,litic I,i Sapiemhrr. '01a 0-0V..d,ickoncilginccring.con•, 1 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 c 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, Ri\Cale Exhibit A: APR Jusuficatinc Sr:Acnthcr. 2015 u-,e + dav;(I:;unen2ineering.cnm 2 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 Cate Exhibit A:APR Justi`icaliun September.2015 +t. \ CIO viilsoncngineering.culn 3 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. Br,ich Bns Cafe Evini i�A: -1112 h:stiticatio; `)eplemhcr. 20 J,n'iils�uicn�necrincam 4 EXHIBIT B-1 t OLLIEI l(rowth Management Depai"'':men. 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 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.l. 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 T1S will be needed to verify transportation concurrency and a$500 TIS methodology/review fee will be required. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott@colliergov.net Phone#: (239)252-2460 Correction Comment 1: 10.02.03.B.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: 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. Correction Comment 7: Pursuant to LDC Section 10.02.03 B.I0.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, Christopher Scott Principal Planner Growth Management Department EXHIBIT B-2 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 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(acolliergov.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 [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 Thanks 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@wpd-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. 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' _ ` En N \ I . . l ME - , _ Ue ieiwUXeUiluoS I t1DlJU 1 UJ rage i or i NL.r' PE',F S N- .- • About Us Meet Gari' 1 ' , ',, • . . BI'eC{Ca `� & Ralph Giofi 1, �� (' •\ miners of ..L I t%[ t tr Beach Box Cafe !f,1 =� ' , inr� lS cP Beach Bot- - �� lt� y �, Colldos i :. a:_.� #, �h �^ `\\ 'fit 3 Thank you for looking into a stay with us at the Beach Box Condtos! My name is Gary,and my friend and i1 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 Caf" a friendly,clean place to eat,drink,enjoy i, some laid-back live music and the beach. That little vision grew and grew until we took over the the building 1 that we put the restaurant in and decided that it was time to take it from it's 1882 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 h 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 1 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 -, r . y1/ c '. ° � p" r l r 1 � ��, . ,. . s �l� 1 ti i, i& a ,'/ A'»'1. t' !SY ti:'''''''-''';41.1144‘.::\ } 4c I.Q t'.'!�t ;''' 144:y A x1 e r ,)`; t r t, ti CCC > �' ` '\. Vt: �. A ,r ,r 1r . ,. f r ,t } ,, fr xa 14\ ' 7.—. -," 'Afjt „„ , 10/21/2016 http://www.beachboxcondos.com/about-us Otw z O C.N o ,-. CI N E Om( o 0 a C U U o444 Q 4il...4.:::,r;11'1''''-'.! CO H C _I U c[s C ,'.., N COCD �' [n �r Q M o • ' N . CO a)cn 't W CO 0 V co 7r L 'C6 m 0 p73 ® ca 0 LL-- vW O N z r., z U � N o 0 W ill :. D o O N L t r' O 0) , Ln O O D O 0- gn Y - U , Z� o o occl o O At m .0 0CO ': L 44. C. 44 U ' s 4) CO �-+ 74 RUM 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:RReallEstate Board of County Commissioners ANTHONY P.PIRES,JR Collier County, Florida BaidCerosed:CityCo,nty. C/O Michael Bosi, AICP and Local Gowmrnent 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 ISM.(Taxaion) 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 ONe 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 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): 1=' cC:iMIssIcN R HILLER: Yes, first all, ?ireL- h.as an i:, a _d ar heal 1 e:,s s` he didn't file timely. Second of all, Mr. Sires doesn't have sanding to olDleot to Mr. oss 's It (October 11, 2016, excerpted Transcript, Exhibit "A"; page 47, lines 19-23) AND 2 22 the appeal. In fact, I don't believe =hat 23 Bosi made a mistake. In fact, 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 =he 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. 6 Sc the fact that the parking garage was 9 mentioned did not make it the dominant arqurent 1C in M_r. 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 riot 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 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 -d, 71111 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 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 ORIGINAEXHIBIT Ar a 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 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 FIAIA: 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. 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 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. Fires, 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 COIMISSIONER HILLER: -- to request to 25 delay. 56 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. I 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 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 • WOODWARD, PIRES & LOMBARDO, P.A. ESL 1971 ATTORNEYS AT LAW October 20, 2016 CRAIG R WOODWARD Board Certified:Rea'Estate Honorable Donna Fiala Via Email MARK J.WOODWARD Chairman, Collier County Commission Board Certified:Real Estate Board of County Commissioners ANTHONY P.PIKES,JR 3299 Tamiami Trail East, Suite 303 Board Certified City,County, and LocalGovemment Naples, FL 34112 J.CHRISTOPHER LOMBARDO Board Certifie<1:Mariral Re: Objection To Considering Appeal PL20160002324 On 10-25-16, Due to and Family Law Defective Notice' CATH RINE A HUNTER Dear Commissioner Fiala: LEM.(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 for a 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 P.O.BOX P.O. the Residents' Appeal and the Vaguna Appeal are waived by anything stated herein NE 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 `TWW.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 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, -- Aidor '% An y P. `ir-s; Jr. Esq. Enclosure(s) Cc/with enclosure(s): Board of County Commissioners Jeffrey Klatzkow, Leo Ochs Jr., Mike Bosi 2 8.1.d 4mgrmtt ' -.,,'IRF ?,. € it: f'- i '.< L a r{ 'Ln tarn r 1 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., o the Board of County Commissioners (BCC) will consider the enactment of a County Appeal. The meeting will commence.at a 9:00 A.M.The title of the proposed Appeal is as follows: < 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 o DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING CO REDUCTION APR-PL20150001922 THAT HAD REQUESTED A a REDUCTION OF THE REQUIRED PARKING FROM 41 PARKING a) SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY IS m LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE .. AND VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP 48 M SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. c [ADA-PL20160002324] A copy of the proposed Appeal is on file with the Clerk to the m N Board and is available for inspection. All interested parties are U ID invited to attend and be heard. x 0 Q NOTE: All persons wishing to speak on any agenda item must op register with the County manager prior to presentation of rt) the agenda item to be addressed. Individual speakers will be 0 a limited to 3 minutes on any item. The selection of any individual a) °i to speak on behalf of an organization or group is encouraged. CO O If recognized by the Chairman, a spokesperson for a group Or q organization may be allotted 10 minutes to speak on an item. M Persons wishing to have written or graphic materials included in cv el) the Board agenda packets must submit said material a minimum :n of 3 weeks prior to the respective public hearing. In any case, co o 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 Q 2 presentations before the Board will become a permanent part -a of the record. -a to Any person who decides to appeal any decision of the Board Q 01 ii will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the J proceedings is made,which record includes the testimony and 2 evidence upon which the appeal is based. _ r) a� N If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at t no cost to you, to the provision of certain assistance. Please 0 contact the Collier County Facilities Management Division, a 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) No. 1280328 October 5,2016 Packet Pg.43 COMPOSITE ATTACHMENT 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 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 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): Pt20160002324 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 25,2018 (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: �yy� Date. - 20 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 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 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: /s/Patricia Morgan Deputy Clerk(SEAL) Teresa L. Cannon From: Minutes and Records To: KulakPatricia Subject: RE:Advertisement Request P120160002324 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 RtAkik Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@collierRov.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 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 • 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) Co f C lier CLERK OF THE CRC IT COURT COLLIER COUN OUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- i+ k of ircuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 ;� ' NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audit. 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 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 lierclerk.corn 1 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 disdosed 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 heladeskacolliercierk.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 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 ar 4t, 1444. Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:09/21/16 ! This is a proof of your ad scheduled to run on the dates indicated below. a 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 1. 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-Intemet-naplesnews.com I agree this ad is accurate and as ordered. t NOTICE OF PUBUC NEARING NOTICE OF INTENT TO CONSIDER AN APPEAL Notice is hereby given that on October 25,2016 in the Board of County t n ,oners Meeting Room,Thirdafloor,s , Tamiami t � Government Center, 3299 East ( Troll, onsFL.,e the Hoard of County CAppeil. erm(BCC)will considermthe enactment of a County fo Appeal.The eameeting will o 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. tADA-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 needsany 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 DONNA FIALA CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) October 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. 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 ( Naples, FL 34110 Ali 1 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 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@napiesnews.com] 1 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. 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. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 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-1)4 c_.. i(00002.32, ; 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 lE 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. a NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of rD the agenda item to be addressed. Individual speakers will be CD, 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. 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, r., written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of O1 seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part 11, of the record. iF Any person who decides to appeal any decision of the Board C 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 ihearing impaired are available in the Board of County Commissioners Offc 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 c NaplesNews.cor n 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 E (Sign lure of affiant) Sworn to and subscribed before roe 1 's-orr v►,,'••., IVONNE GORI `� � Notar Public-State of Florlda This October ,2016 , y b (liti Commission s FF 900870 �- ,0, My Comm.Expires Jul 16,2019 / . I In• Bonded ttvouph National Notary Aim , . �t (Signatur_of affiant) ' a 220 Wednesday,October 5,2016 Naples Daily News DIG CANOE,GA _ 6h4i.^ae'( '�I- %:.H ,. Now accepting short term NOTICE OF SALE LEGAL NOTICE reservations for 2/2 cabin Notice is herebyg a thatExtra 5 eStorage Il sell at public THE NORTH COLLIERFIRECONTROL AND RESCUEDISTRICTBOARD 3 ares 1n the exclusive - P Big Canoe mountain resort auction at the storage facility listed below.to satisfy the lien OF FIRE COMMISSIONERS WILL HOLD ITS REGULAR MONTHLY an hour north of Atlanta. of the owner,personal Property described below belonging to MEETING ON THURSDAY,OCTOBER 13,2016 COMMENCING AT Not tub in deck and glorious MERCEDES-BENZ CU(430 those individuals listed below at location indicated: 9:00 A.M.IN THE TRAINING ROOM AT THE NORTH COLLIER FIRE CONVERTIBLE 2002 CONTROL AND RESCUE DISTRICT'S STATION 45 LOCATED AT 1885 views.Enjoy golf,tennis, Only 77K miles,new top, Auction Date&Time: hiking,waterfalls.Explore new tires,recent service 1026/2016@H:30 VETERANS PARK DRIVE,NAPLES,FL 34109. &shop nearby mountain maintenance,just detailed. 7755 Preserve Lane The agenda will be available the Monde towns-For photos,rates Drive and en1ol1$9,988. Naples,F.34119 Y prior 70 the meeting at and availability see listing (239)513-1575. w orr ymeierfire or by caliiny 239-597.3222 to request pa95366 on v-1233 mor a faxed or emailed copy;or by Visiting Station 45 located at 1885 (70 on VR1233 Marrone Dias Andrade Atocha Michael Spano Veterans Park Dr.Naples,FL 34109. Unit 3109A Unit 3223 IIE Personal Items Personal Property The North Collier Fire Control and Rescue District does not Cloth.,517 Toys Mattress,Couch,Chair discriminate on the basis of disability. Anyone requiring Kevin xonnilaasonable accommodation az providedforin the Americans Unit 5172 MarilyncharilSL Hilaire with Disabilities Act should contact Lori Freiburg at(239)597- Householtl Goods Unit 51d; 222 or via email to Ifreiburg@northcoilierfire.com. Chair,Tool Box Personal Property Bed,Mattress,Chair Chairman Norman E.Feder Diana Ditka North Collier Fire Control and Rescue District AAA BEAUTIFUL SUITES Unit 1145 October 5,2016 No.1275994 FROM 5295.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 ` .. . -- .l h•'f't•''"4// tet�1n ' referenced facility in order to complete the transaction.Ext TOLLGATE BUSINESS PARK Space Storage may refuse any bid and may rescind any purchase NOTICE OF PUBLIC HEARING Convenient Naples Location up until the wining bidder takes poSsession of the personal NOTICE OF INTENT TO CONSIDER AM APPEAL 3000 sq ft;14ftx14ft over- property. head doors;Central A/C,2 � October 5&12,2016 No.1297791 Notice is hereby given that on October 25.2016 in the Board offices,2 Baths;03000 per of County Commissioners Meeting Room,Third Floor,Copier mob h. Available)Nov. .Government Center,3299 East 7amiaml Trell, Naples FL„ the Board of Comity COmsfaaMtere OCC)will consider the (!) .' enactment of a County pr000 TM'1`19.111r7""at NOTICE OF SPECIAL MEETING enecfnre The tkleof the OrpppudAp►eM �' TAUS PARK COMMUNITY DEVELOPMENT DISTRICT The purpose of the hearing isee consider: A special meeting of the Board of Supervisors of the VAGUNA CORPORATION OWNER OF THE BEACH BOX CAFE.FILED Talis Park Community Development District will be held on AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ZONING ju'Ttiiya`. d October 13,2016 at 3:00 p.m.at the Tabs Park Sales Center, DIRECTOR'S REVOCATION OF THE ADMINISTRATIVE PARKING - 16980 Livingston Road,Naples.Florida 34110. This meeting s 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 4!PARKING a PIZZERIA- 32,2016,which was canceled. At the Special Meeting,the SPACES TO 16 PARKING SPACES. THE SUBJECT PROPERTY 15 5239,000 Land&Sea Realty. Board is expected to consider and discuss the minutes from the LOCATED AT THE NORTHEAST CORNER OF OGLE SHORE DRIVE Call Mel(239)8771420 meeting of September 14,2016,adoption of the supplemental AND VANDERBILT BEACH IN SECTION 32,TOWNSHIP 48 cyclesassessmentesolution,staff reports,the monthly financial SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. reports of the District,and any other business which may IADA-PL281600023241 lawfully and properly come before the Board. The meeting is NEED CASH/ ��Q open to the public and will be conducted in accordance with the A cop of the proposed Appeal is on file with the Clerk to the We buy owner �O1.4111.7 Arioof the lags agda enda for this Community Development a ebe btai ed from Beard d to attendlend beeheara inspection.All interested porde'are financed mortgages. copy Y Receive money in the District maygber,5385 a Nob Hill,ti Sunrise aFLc 33351. one lump sum. t]y� This meeting may be continued to a date,time,and place to be NOTE:All persons wishing to speak on any agenda Item must Geta free ante' and RVs specified on the record at the meeting. eOHEer with the Cgunty manager prior to pr9sa nr,of (81111)1161.700E the ed 1 3 item to tet tete itt N. Beleeual of an ars will ba Any person requiring special accommdations at it nftedte:nmt tea onanyltem.The,eltation ofany indWldual this meeting because of a disability'or physical impairment it recognised by the Chairman,a spokesperson for a group or calendar days prior to the meeting. orgenkat(on may be allotted 10 minutes to speak on an Item, Each person who decides to appeal any action taken at Persons wishin4 to have written or graphic materials included in co these meetings is advised that person will need a record the Board in tDocket,must submit said material a minimum of the proceedings and that accordingly.the person may of 3 woakS color to the respective public hearing In any case need to ensure that a verbatim record 9 f the proceedings written materials Intended to be considered by the Board shall SO'SLIP,-WIXOSTAR Marina ismade,including the testimony and evidence upon be submitted to the appropriate County staff a minimum of on IP,. Bay.Lease arin which Such appeal is to be based. Seven days prior to the PUblie hearing,AR materials uSea in mN or for sale pricea $4ll pressotetlons before the Beard will become a permanent part of the record. Dick(508)364-6264. Paul Winkeljohn - - - Manager Any person who decides to appeal any decision of the Board October 5,2016 No.1276484I need a record of the proceedings pertaining thereto ed V FORMULA therefore,may need to enure that a verbatim record of the �i proceedings IS made.which more includes the testimony and :arty. ,qa evidence upon which the appeal Is based. • Placeo ' NOH f M t n95ch dole FY 2016-2037 Hypo areapersonwlthadisablRtywhoneedsenyacCommodation ad ,,{ Cry Gate Commank0 Development District in order to participate in thio proceeding,you are enkled,at online at no cost to you,to the prOtrSka of certain aNem.nte, Please CAITAINS LICE/GE The Board Of Supervisors of the City Gate Community Contact the Collier County Facilkfes Mnagemnt Division, Naples OUPV-6-pak -o - Development District will hold its meetings for Fiscal Year 2016- 5350!110393335 Tamamt TMeat t L Suite 0101,Naples,Ft 3ti12- oa 10th 877.435.3187 localfieds 2017 in the LouaOffices of Roger .Rice,Esq.located at 9010 Asda ed lis ening252-8380,v devices kart two dos prior pa t0 a e meeting. Strada Stell Court Suite 207,Naples FL at 1:30 p.m.on the first In Mated listening of CoA COC ain the heuvn ffice. ed aro available HURRICANE 211'DECK BOAT 1 i Thursday Meech month as follows: in the Bond of County Comml,Moner3 Office. low hours,Yamaha.stroke. IjPA(�11218 locals! BOARD OF COUNTY COMMISSIONERS 123 9 - 38.Gond.$11.500 October 6.2016 90600 OF ZONING APPEALS (239)936-6838. November 3,2016 COLLIER COUNTY,FLORIDA MASTERCRAFT ski boat,1991, December 1,2016 200 Barefoot.200HP Tama- ABSOLUTELY ALL AUTOS- January 5,2017 DONNA FlALA CHAIRMAN ha,117.900.(239)269-7625. Wanted!Dead or Alive Top 8 February 2,2017 March 2,2017 DWIGHT E.BROCK.CLERK SAILBOAT BOOM FINE HOW 16 FREE PICK UP 239.265-6140 or for other.See more.$99 CARS,TRUCKS, April 6,2017 Br Teresa Cann onto(239)246-9209 MOTORCYCLES,TRAILERS. luneay 1.2017 Deputy (SEAL) TOP PRICE(239)682.8687 July 6.2017 October 5.1001609 No.3780325 CASH FOR CARS August 3.2017 We Buy Any Condition September 7,2017 ROS Vehicle 2000 and Now Buying&Consigning Newer Nation's Top Car Buyer There may be occasions when one or more Supervisors ''le NeedinventoryNewt FREE Towing From Anywhere! will participate by telephone.At the above location there will be 4' . - www.(339)303 ble89,com DCall NOW resent a speaker telephone so that any interested person Can NOTICE OF PUBLIC HEARING 657-4599 attend the meeting at the above location and be fully informed NOTICE OF INTENT TO CONSIDER AN ORDINANCE WANTED ALL MOTOR HOMES of the discussions taking place either in person or by telephone AND CAMPERS.Any Cond. CORVETTES WANTED-Top communication. Notice is hereby given that on Tuesday,October 25,2016,in Cash Paid. (954)]89-]530. dolor.Casty toddy.Call 991- Any person re n the Board of County Commissioners meeting roam,third floor, Dell..0 or 941.923.3421 421 quirt gg special accommodations at this Collier Government Center,3299 East Tamlaml Trail.Naples FL., meeting because of a disability or physical impairment Should the Board of County Commissioners(BCC)will consider the LARGEST BUYER IN FL-Autos. contact the District Office at(239)2691341 at least five calendar enactment of a County Ordinance,The meeting will commence trucks,RV's,Cycles.SOK to days prior to the meeting. at Sed A,M.The title of the proposed Ordinance is as follows: STATE OF THE ART PORT $100K.Dave,(239)250-2000 OF THEdaily/monthly gg ISLANDS yMARINA liveaboard slips STEARNS MOTORS Each person Who decides ttolyappeal any action taken The purpose of the hearing is to consider: off ageands Located inththe dock. BUYER SietMOST e 197. toensureat a and tim meetings is adat vised rd of thetproceedings is may nade AN OF THE BOARD OF 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(2391774.7360 to be based. BLOSSOM RANCH PLANNED UNIT DEVELOPMENT(PUO), avallablllty. (2391389.0367. TO ALLOW FOR OFFSITE REMOVAL OF EXCESS MATERIAL District Manager ASSOCIATED WITH EXCAVATION PERMITS AND TO AMEND THE MASTER PUN TO CHANGE THE LANDSCAPE BUFFERS TIRES 4.16-r inis. October 5.2016 Nn.1299970 TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS; STORAGE: MOI BECOMES 2:7105/600,2:F225/17012 AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT RVs. boat, auto. Covered SIR onto(239)260.1288 PROPERTY IS LOCATED ON THE NORTH AND SOUTH SIDES available. (2391643,0447 OF OIL WELL ROAD(C.R.858)APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD(C.R. IN SECTIONS 13, n BOARD OF SUPERVISORSMEETING DATES AND SECTION 14 AND 19,TOWNSHIP TOWNSBIP 48 SOUTH,NRANGE 26GE 27 MTEAST, THIS WEEK'S SPECIAL HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY,FLORIDA CONSISTING OF616yACRES. "CASH PAID"for Used FISCAL YEAR 2010.2007 IPODA-PL2116000078T) Travel Trailers&Park Models The BogPard of Supervisors of the Hacienda LakesCommunityA coof the HOLIDAYerk to the Rh TRAILER41.Ft SALES Year 2016 20170 at the officeslof Coleman,regular anovichs&Koester, Boardd todais ttendland be heard, 23949inance is 0.0066 All n linterested pe with the larUeS are SouthRV TS 4I,Ft Myers NOTICE OF ACTION will 239-590•d66 or visit PA,4001 Tamiami Trial N.,Suite 300,Naples,FL 34103 at 9:00 a.m. Inv holldayrvftmyers@gmail.com Marianne Geraci, MO unless otherwise indicated as follows: NOTE:All persons wishing to speak on any agenda item must (:) announces the retirement gaster with the County manager Prior to Presentation of from her practice effective October 17,2016 the agenda item to be addressed. Individual speakers will be 10-21-16.Collins vision will be November 21,2016 limited to 3 minutes on any tem.The selection of any individual assuming all patient records. December 19,2016 to speak on behalf of an or organization or is and they can be reached at January 23,2017* if recognized by the Chairman,a spokesperson fora 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 Center Boulevard,Ft.Myers. April 17,2017 Persons wishing to have written or graphic materials included to or 860111th Avenue N.Naples. 9 P MERCEDES-BENZ 51.5002//3 September 21.28 and October May 15,2017 the weekspri agenda hkersmectwbmbic hermaterialga minimum 50K mi.black.great cond. 5&12.2016 No.1266403 Jule 17,2017 of it weeks enol i the respective considered dt biynt.In ar c hall $1S.pn0(279)9118577 August 21,2017 be2017 i ssubmitteden itos the appopriate ota(f the eminimum shall September l8,2017 seven days prior to the public hearing.All materials used in '-Moved one week later due to national holidays. of therecord. 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 Board Notice is hereby given that the undersigned will sell,to satisfy accordance with the provision of Florida Law for Community will 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 26,2016 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 aperaonwithadisability whoneednany accommodation The personal ods stored therein by the fallowing mayparticipate by telephone. in order to participate in this proceeding,youare entitled.at g 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 al 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 prior to the meeting. W0255-Jeffery Von Heimburg-Household Goods prior to the meeting. Assisted listening devices for the hearingmpaired are available R0029-Daniel Nelson-Household Goods in the Board of County Commissioners Office. X0008-lames Poulis-Household Goods Each person who decides to appeal any action taken at these F0001-Kay!Nevins-Household Goods meetings is advised that person will need a record of the BOARD OF COUNTY COMMISSIONERS M0014-Nick Ringer-Household Goods proceedings and that accordingly,the person.may need to COLLIER COUNTY,FLORIDA Purchases must be made with Cash only and paid at the time of including the testimonm record of the proredmgs is epee DONNA FIALA CHAIRMAN g y and evidence upon which such appeal tale.All goods are sold as o and es r be thmoght the time is to be based. DWIGHT E. Verga o,CLERK is purchase.ExtraSpaceStorage reserves the right to bid.Sale By: Martha Ve rgara,Deputy Clerk SOctober subject to&12,adjournment. District Manager S. OctOber5812.2016 No.1299352 October S.2016 No.1299954 October 5,2016 No.3292507 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 County Commissioners Board Certified City,Count}; and Local Government Collier County, Florida J.CHRISTOPHER LOMBARDO do Michael Bosi, AICP Board Certified:Marital 2800 North Horseshoe Drive andFantilrLaw Naples, Florida 34104 CATHRINEAHUNTER 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. BRAKEF1ELD 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 ❑ 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE 500 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 "'WW.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 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. Respem A bmi ed 40,-. on ' "ires, Jr., Esq. APP/Ig Enclosure(s) Cc: Leo Ochs Jr.; Jeff Klatzkow; Mike Bosi; Board of County Commissioners 2 EXHIBIT A DAVI D SO N 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 The pr posed uses are quantified as follows: Pr000sed Cafe (Outdoor seats): 18 Seats= 9 spaces S s Pr000sed Café (Indoor seats): ,50 Seats= 25 Spaces Proposed Retail Space: 500 sq ft. =2 Spaces (Existing/Unchanged) Office Space: 900 Sq. Ft.= 3 Spaces (Existing/Unchanged) Residential Units: 4 Units=8 Spaces Required Parking: 47 spaces Leach BON Calc Exhibit i1:APR Justification September. .. �vidsonenginccrinQ.con 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. Reach Box Calc Exhibit A: APR Justiiicatkm September,2015 www.davitlsonens,ineering.com 2 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 BoS Ca-16 Exhibit A: ,A1'12 .luslificatiun September,2015 www.davineering.cum 3 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. Beach Box Cafe Exhibit A.APR Justification Septernb r.2015 www ilavitlsuncng;uccrint.con 4 EXHIBIT B-1 COLLIER COUNTY F 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 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 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: 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. 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, Christopher Scott Principal Planner Growth Management Department EXHIBIT B-2 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-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 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 Thanks 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 1� 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. 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I:= 1 1 lmul ' I oily;Y ` y Uj J al: J I= 01 N'Q 1 I UI j fx C N N;.w i Y'•,,. > iNI _aD a, I! ! of ; 1 8.2 1 Y 11 oI 1.T4,* ; i L- o: r v1 4 = d 0 a' a c o w: y .O 1.�;Y U-V m c'_, I al 8,o'u;o v EEI c P-�' C L) _ W 1�gY� l't � w a � o I o 'c' ;o oi_ Si I I .ii 1 0. d 3 g I a J r t C.3 • k .<1 �i IM t7 t a Q 0 J a ce a W J O _ T V w CCW » i Q oi < w g a 0 • - T . . ► . I ► � ► ► k ► - ► I. i 7 1 - , ► ► I i ►NEM _ . INAM r Nivi ► � 4 g CD - r F ca Ma Nt. N - "�' - IL \ I / - y t Vii\ ; beacnboxcondos 1 ABOU I US Page 1 of 1 HOMF CONDOS REVIEWS CONTACT US �3c About USS Meet Gare (-) � Brecka & Ralph Cioffi, 1;1,: k( 1 . owners of rili " ,_ ' _ I Beach Box Cafe & Beach Box y'' , 1 . a, \ ‘ - Condos �� _ ' ',� v1 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 hada really cool idea to put a laid back, Jimmy-Buffet style healthy restaurant right on the most populcr beach in Nap live music,drinks and �/ great healthy food.So,we started building the Beach Box Cafe....a friendly,clean place to eat,drink,enjoy "(, ,a 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 1882 roots into a beautiful 4 unit ro coastal-style Beach front bed and breakfast.We renovated the 4 units and left nota 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 i' !, our families.If you come downstairs for a coffee,you are likely to meet one o f my three kids that work at the restaurant(Madison,17,Cole 14 or Dylan ii)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 1 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 St Ralph Cioffi -. r d ^t t r :4,„, ,i,�—" -C at ',� `,,'' , ,' •_:ilc,!-e' r,;,•,,,.444,47„;,:-. �. .. r. K,,,,,,L44„4„... «� ` r- i , mac? , 5' i« `moi 1 1 i , . :, 'J 4i, )14) ,, 7,... 1 riest.,/, ',‘ - , .\ 'i � i \ . . • :It } l t . « r: 4% �, t {,f �f �'„ W f http://www.beachboxcondos.com/about-us 10/21/2016 r-- amu' o �' C r-1 - i, 0 U N N C o U 0 0 �F ' m U CO 0014 g I. CDF as i. C I ,` ; m �"' i Dco O0) to �^ `' _W z N al cy o.— ,--i IA '-;;::,,c'11-,,"i'-',' ,--1o o M m 03 0 4) �/ O ® -0 Z O o• ° [may � � i. G _ _ N p N Na Q) Q CDp cz� Z Ui Cts Q (./) o W y E o CI] Fift o, o vi o azcn U o CCS x ct (f) O o CO fl PAM WOODWARD, PIRE.S & 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:RReilEstate Board of County Commissioners ANTHONY P.PIKES,JR Collier County, Florida BoaidCertified:citf;County; C/O Michael Bosi, AICP and Local Government 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO NaplesFlorida 34104 Bond 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 LL.ILL(laaa°°°) 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 SUITE P.O.BOxON00E 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 topresent, make and submit additional 239-642-6402 FAX g motions, 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 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 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. Fires doesn't have 23 standing to object to Mr. Cross's appeal. It (October 11, 2016, excerpted Transcript, Exhibit "A"; page 47, lines 19-23) AND 2 22 the appeal. In fact, I don't believe that £1r. 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 cf 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. 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 net 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 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. -d, V o P. Pires,''N . Esq. APP/Ig Enclosure(s) Cc/wEncl.: Jeffrey Klatzkow; Heidi Ashton-Cicko, Esq., All County s; Leo Ochs, Jr.; Mike Bosi; Brian Cross 4 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 Ta.miami 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 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 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, 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 Coitunissioner 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 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 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 HILT,F;R: 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 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 WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW October 10, 2016 CRAIG R WOODWARD Board Certified:Roll Estate MARK J.WOODWARD Honorable Donna Fiala Via Email and Hand Delivery Board CauEfiei:RctlEstate Chairman Collier County Commission ANTHONY F.FIRES,JR. Board of County Commissioners Baud Certified:Ciry,County, and Leal Go mm= 3299 Tamiami Trail East, Suite 303 J.CHRISTOPHER LOMBARDO Naples, FL 34112 Baud Certified:Madml 2ndFamilvLaw Re: 1. Objection To Agenda Item IOC (Packet Page 249) On 10-11-16. 2. Request For Change of Hearing Date As To Various Appeals Concerning ROBERT E.MURRELL Parking Reduction for the Beach Box Cafe/Beach Box Property.' Of Counsd Dear Commissioner Fiala: CATH RINE A.HUNTER LT�4(Thuvon 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. MATTHEW P.FLORES • South• GarlockBay, LLC, alRealty Florida limited liability company. J.TODD MURRELL • 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 (L1 3200 TAMIAMI TRAIL N. and Parties to the Vaguna Appeal. SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX e BALD EAGLE DRIVE 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 ISD.FL 34146 or omitted herefrom and the right to present, make and submit additional motions, IAN 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 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 11t 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 Q.R. Book 3460, Page 1484, Public Records Collier 2 One of many arguments. 2 County, Florida (Attachment F) requires in Paragraph 4 that the Vanderbilt Beach 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 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 #10.0. 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_r. OS '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 WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Boom Ccnikte Real Euxtt MARK:3.woODWARD Honorable Donna Fiala VIA EMAIL &,udCcr LRc21Esae Board of County Commissioners ANTHot.'YP.pu .JR Collier County, Florida Baulc�&d:ct)•catn'. C/O Michael Bosi, AICP ani Lova Grncmment 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Baud Certified:Marini P and Family Law Re: REQUEST FOR CHANGE OF HEARING DATE CATHRINE A.HUNTER APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- 11.1\1.(rawian) 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 L.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.FLORET 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 JOSEPH M.COLEMAN ('Beach Box Cafe"P'Beach Box Café Property"), (the"APR Denial") i 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 9 3200 TAM lAh1 SURAE 20N0 should be upheld' and the Vaguna Appeal should be denied. NAPLES.FL 34103 239-649-655S This filingis submitted on behalf of the Parties in the Residents' Appeal and 239-649-7342 FAX PP as part of the Vaguna Appeal and The Appeals. The Parties as participants in and 606 BALD EAGLEUITTE 5500 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 I 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 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 Cafe 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. 151 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 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 Cafe. 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 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. Respectff - is• lih ifil; _ n •ny P. P /, Jr. Esq. 11110 1 APP/Ig Enclosure(s) Cc w/Enc(.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, (13 4 EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE 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 Good morning Mike. As a follouv up to our meeting last week, is October 25, 2016rstill the staff- planned date or 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-leeal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(P1-15-1992)-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 - CitvVien Portal Sincerely, mike From: Anthony Pires [mailto:APires@wol-legal.corn] 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? Thanks Tony From: BosiMichael[mailto:MichaelBosi@colliergov.net] Sent: Friday,September 02, 2016 2:15 PM To:Anthony Pires<APires@wpl-legaLcom> Cc:AshtonHeidi<HeidiAshton@colliereov.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.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.net] Sent: Monday,August 29, 2016 3:34 PM To:Anthony Pires<APires@wpl-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: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, ,4 Tony 2 From:OssorioMichael [mailto:michaelossorio(aDcolliergov.net] Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APiresPwpl-Iegal.com> Subject:RE: STATUS OF CELU20150008262 Good morning Mr.Fires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APiresCawpl-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., S.O.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. ii 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 EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE **too Verizon 3G ...,c 8:04 AM 58%EL) I beachboxcafe.com X Ei_.-- 1 r1 ••• / Naples Daily News News Press National Hurricane Center Declaration of Independence- Text Transcript , 1. .• ' 4, ,r v.-7 r r . trf i ‘, / , i f \ ,i • , • IP , ti + \‘ ‘ t ' ' 't i 1 \ h . t , 1 , • • 1 . i , 1 I ; , 1 1 ''C': ..-.•,, -- t '1 AbouE StetsEo.i.o.abi.Li.E‘j KEACH BitY •_t. LocoliokkCo viEckcE ,...-`- 11 . ,-1 I --- _, , . 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Verizon 3G 8:19 AM -r 54% ) G facebook.com 1. iVote Georgia Hiller for Clerk Governs l . r- r . ,,-.,, Ali ._ ,9-iii Thank you to Gary Brecka and Patrick Dearborn for hosting a great GOTV C; , .• PARTY at the Beach Box last night!Thank you DJ Ceron, you are amazing! +' `r. Thank you to everyone who came to show support for Georgia! • PEOPLE #GeorgiaforClerk#25days#GoGeorgiaGo#LetsWinThis... See More #t-w-- 'r -Vote Georgia �* Hiller for Clerk • ., ABOUT O.: ,,, . * .� Vote I Home ‘ •' ' "" t x P _ , .s, �, �� Politi byG About 2016 Photos is RuN Events ,,, 1_� Clerl ler Colik Likes � Rept r� (� Videos ` GICOr iia http: Posts 2.1::"` z: g Create a Page Like Comment Share PHOTOS WTI? ,1 Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- it•-.tiit.-- i. this. Gcorght Hiller . illVote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! * ddd _., Ib 2 Vote Georgia Hiller for ClerkI Thank unit to r'nlliar inn(NI ih .i. (`ncmnc Italian raft:,Ri Pi77aria fnr an See more of Vote Georgia Hiller for Clerk by logging into Facebook Sign Up Log In ■ ; o «. 1 »:2! f \ % ` - . , } 9.0 \ / s , . . g \ g ) - . ! e v� 2 \ «: k J { , - 4 rn 7�/! i- k i/ \ \ ! k a l k a; 2 m / {) } « jo < ( f =(\ , ;004 - 2 - g , C - 0 3 | f , 6 k\ / ! : ) ® fi ' : IF � ` 8 t . ^ 9 \ � . � / f -< { . ) \ • w I } \\ i \ r. _ . ! 3/ k \ _O ! - \2 a ! » ! { / \ /\ } i \ \ \ • _ § - � ° ° / '' . 2 : \ {) \ 2--1i a i � - . a a . . e = Ti } \} ) • \ ! -6 2 °© 2G . f . 0 c »3 f) a (, , \ / 2 / N/ \ 1:1] it facebook.com , CI + �i Naples Daily News News Press National Hurricane Center Declaration of Independence-Text Transcript Florida Statutes ,., Horne-Beach Box Cafe CI Get Out The VOTE PARTY with Georgie _n,ni ci FPoii_ .�s.,oy: facebook ,„,,,r, i �� Ior}In Gedrgiai t {� t.• 4 Hiller 4 .. Clerk Courts 4` Get Out The VOTE PARTY with Georgia ,.,A , t-i. ',le 9I'LL,•:•r.;::.; •..,tot 4,Beach Box Cafei- m Thursday,August 4 at 5:00 PM-8:00 PM in EDT ieSTS 34 23 677 A Beach Box Cate sat :,n Shaw Map About Discussion Liii� I Uetatt by tnuty Name hup://search.sunblz.org/inquiry/ColporabonScarch/SealchResultDetal.. • 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 BRECKA,GARY 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title VP STOCK, BRIAN 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title TR 1 DEARBORN,PATRICK 9020 GULF SHORE DRIVE NAPLES, FL 34108 State of Pio,lar Oapartment Or.5,a,e 1 of 3 9/27/2016 2:14 PM Detail by Entity Name http://search.sunbtz.org/Inquiry/C:orporattanSearch/SearchResultDctai.. i 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 ) Ili F of 3 9/27/2016 2:14 PM Exhibit "D" BosiMichael From: Gary Brecka(gary,brecka@beachboxcafe,com] Sent: Wednesday,April 13,2016 3:32 PM To: NickCasalanquida©colllergov.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 Supportpdf: 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 Café. The rest either biked or walked, or drove here to visit the beach and walked off the beach to the Beach Box Café. 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 (305078-1480 Yf) 2 beachboxcondos I ABOUT us Page 1 of I About Us Meet Gary BrQka & Ralph Cion. olti'rnerof Beach Box cafe & Beach Box Ito , 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 tool:over the the building that we put the restaurant in and decided that it'wdsttime 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 unturnec..,.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,57,Cole 24 or Dylan 12)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 Brecha&Ralph Cioffi http://www.beachboxcondos.cor/about-us 9/23/2016 % I ._ I ` 2 W .res 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 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 Cafe did not remove and does not seek to remove any physical parking spaces. This administrative reduction allowed Beach Box to provide the additional seating needed to serve the most popular beach in our County with the many patrons that 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, /1)a&r. ..#‘ T7a.G.i.6'{.a- 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.i LoveNaplesFLA.corn John R. Wood Properties 1185 Immokalee Rd. Suite 300.Naples, FL 34110 ••• . . 'IA • u � +t.,,•tire` : • f I - • Tem • 14 I .. ,,,,:,-'..; ,.7:::41,._,I,. , .7, -,77.:tii.e.i,..;_i.,....:1111111:4_7,,,,...:,:.: 10, - , ..._ _. . A il . : ., ..-4.46,,,- 4165,- , ..,.. ism • fl :1:1':.::. xfAL'• .4 41: xC. lr - ::::..':.:1.::..1'.';;'?".:.:. ' s .t • . , ty Ii } I = y 14 -.: 1 I $ 11. ( ,,',.-7- i� AKA ; it 1.,.A.: . * . ' . i ,. • ••. •t•, 't • ` !q r 3 �* 111 '' i` 1:: it, 1 . 4 1 P•I,... , . . . _ . Eliii [ 1. r .1 1.11‘. .S -J1. �..f4- r s r /`r, ;% I 4N r ''''''..1'.1 f 7:grt a g. : a(t a ti' ,� 4', +! ,, ,5} I , V . �f? a. ' • . . T. t,` ,(''Isn` ,(t .1' *6': - :Rri M' 1 �. I�I III Illi iIVY ow .., . . ,0‘.40 , - , . ..... . ...„.• ... . ._ .. . . . , ,. . i . - , ..- 4•e i ,, , 4e., _ . _.5-i, . ilkIvhi..., ;q . .,,..,, r.mmi IPIONI to! -- • u t) . gill 1ii , - - r 1 ' i .. 4_[-'1 ,-'..% ..,,moi a1 ihii I `�� II II ► 1 ( ri4 ;, —1 J '4tx irf . (r f tia, St3,1,4, . •I�q . — . • - r :, • EXHIBIT "C" TO REQUEST FOR CHANGE OF HEARING DATE CAlergov.tiet Report Title: Code Case Details Date: 9/712016 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 e' Property Owner VAGUNA CORPORATION Business Management& Budget Office 1 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...plc 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 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 ICE 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 Code Case Details Execution Date 9/7/2016 1:40:21 PM f t 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- 10/23115-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 P120150002649 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 fora 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 P120150002649-Site Improvement Plan and PL20150001922-Administrative Parking Reduction remain active.JH48 Business Management& Budget Office 3 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. JI-148 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 I 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 Belliows 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 Belilows 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 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-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 (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 hearing is held(re:PL20150001922 M1 (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 letourneauj 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& Budoet Office 5 Code Case Details Execution Date 9/7/2016 1:40:21 PM E 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 SO Title Reason Result Compliance Fine/Day Condition Business Management& Budget Office 6 Anthony Pires From: Anthony Pires Sent: Thursday,August 18, 2016 1:58 PM To: 'michaelossorio@coiliergov.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 (VERA) 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 Cafe), 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 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. 1 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wol-lepal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may ctherwise 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 Co ger 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 18re-issuance, Mr. Fires 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 2800 North Horseshoe Drive•Naples.FL 34104•239-252-2400•www.colliergov.net the City of Fort Myers Beach, cannot be applied to the Vanderbilt Beach area, due to the 375 parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code of Ordinances. The basis of the APR application cannot be supported in light of the restrictions contained within Section 130-79. Staff recognizes that 17 on-street parking spaces are within the vicinity and the concept of"park once" could be applied to these spots, but the number of on-street parking spots (17) or 4.3 percent of the public parking indicated within the application as available, is not sufficient to justify the requested 31 parking space reduction sought in the APR application. Additionally, it should be noted that condition of approval number two of both approved APRs states, (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 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 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,Zonine Manager PAN WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW July 12, 2016 CRAIG R.WOODWARD 13cnri Ce, iai:Rea?Esau n,.,w;J.WOODWARD Honorable Donna Fiala VIA EMAIL Iir,ariCrrlfinl:RnlEsax Board of County Commissioners Al.Trl t_7\"Y r.FIRES.JR Collier County, Florida F:a ICrn.Fed,Ciq:Cam?; CIO Michael Bosi, AICP -nila:d ck"rn' °' 2800 North Horseshoe Drive I.C:HRIiTOPHER LOMBARDO Naples, Florida 34104 li7ut3 Ccnitiect and Fano Re: ADDITIONAL MATERIALS (SECOND SUPPLEMNTAL SUBMITTAL); ROBERT E.MURRELL APPEAL PL20160001347 (the "Appeal") relating to BCC directed Re- Of Cal,kr; evaluation and Re-issuance of Administrative Parking Reduction, APR- CATH RINE PR-CATHRINE A.HUNTER PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, I.I..B1.CrxutLx11. 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 DEViUES JENNIFER M TENNEY Dear Commissioner Fiala: 1.INORE 1 IRAKEEIEID A4ATTHEW P.FWRES As noted in the timely Appeal filing made on June 15, 2016, and in my first J.Taub MURRELI supplemental filing on June 17, 2016, the listed parties to this appeal (the "Parties") JOSEPH nt COLEMANspecifically 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 1:EPLYTO: South Bay Realty and also showing parking spaces in front of the Beach :0 32Di lAMIA a TRAIL N. Box Café blocked off by cones and/or canopies. SUITE 200 • NAPLES. FL 34103 239-674-055 Respectfully submitted, z+'i 6(9 73. L•\). J :)06 MID EAGLE rYtivE SUITE 500 i' • P.O.BOX ONE / E MARCO ISLAND,FL3 146nt y P. Tres, Jr. Esq. 230-304-5M 2:;')642.640:RX APP/lg WWW.WPI. LLGAL.COr.t Enclosure(s) Cc: with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala COMPOSITE EXHIBIT "P TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY • a • +i . • 1 • • • A .y. l �_ h • . ;•1 1 2 L • • • • 01; r.• I,,k\i ....lrlik. .. . c) % : (lc -ter • f! II • u '' r -I ' - • • • • r T x !• .• t -44.„,�sx� tea' p' r • li GIL14' • r t ell �a: . , ,•"..- =a r• /� / J. .fie i- ..,. .. (' ' .:.-::' F s C �. I. , . . . ' I , . , , 1! , • _ • \. ' •,'(, 1,/!'ll ._._,...• • , 11. 1,11111. , .;. .-4...." . , 010 A -,. I -- - .. - ..- • . - •••• ..,‘ . , • • % N 'r (I \\ • „.;.. . i. •:• 1 .. .. ....; ....f . A . ' . . . , .• ,• ° • • \ ' i 1 ,. . .*!:-',. .. •..' , .„. 1 . . , '. -,...„ .-,.,.• ,, .2...7.4s2j11111!," . . . . . ••,•14.1,..,1 _- ,,,..:4kr-r,,,,--1;?. ,-.• *.-:,:`,,q.-4.-&-'-'''.'N •. i - , . . „,, .......e,, ‘,:;: • .: ....._ .,... v.- 0. .• : -T- ...' . . , ...:- . 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Re-Inspection Re-Inspection " 4,41 Re-Inspection C.., Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection Initial Inspection http://cvportal.colliergov.netiCityViewWeb/CodeEnforcement/Status?caseld=466498 8/18/2016 omplaintstatus - t_Itv v lett portal Page 2 ot 2 ts t ReRsei use at any and a toatt, 4nar tin property zoned ter,Ye ay n Ord nance 34=41 as rade 1,Sect!on 2.04.03,Nies 1 and aND/OR Atmove wooden prone taldes Torn1.1 rnproed prrperty a•=d,cr 2t v regtfate4 by an approved Ste De,delopment Ran and the.ntended use=0 accordar.a.mth Sidon 10M;",,(6)(5‘, and/a ,tended anowab`a trses,n 2 04 33 • !)es and 2 Re-Inspectson "=.1 3 1 http://evportal.colliergov.neVC ity lewWeb/CodeErtforcernent/Status?caseld---466498 8/18/2016 ' r5.•_•.. 1 0 .. u .. • • • o. : ALL, .. 1: ..,.:.•'•- '.. . -.714,414,'"g'-:•.-4•::.• •'...L:..--;."--- 7.%.! :T. .• - .r. $‘: )A 4 C • < - Y`. y , el ;..Sl ♦ .h _..7 1 „ ,�1,:'�/yi♦ d .1e'' hr[ 4 :,. A II Ft ..4 <*lam” ,� 1 I! 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' ... 4j? ,:,,...,,,'!•,..' i; 16 ri{Yt •t:yrs.4417` 4, .G f 'sr 1 .1`�7 ,i. 1''¢'!0:0. rr'. � ' .' --4 f :! __i 't 7 ` . . � r S e; 4 y'' � 7� � 't >t4 •'+',fi . t es .r • .. 3 • e. fat►.'}Figka / 4* . . .moi. 111 .- • '^ a : . � • Vi= • . c 'qt"' IISI ' yl� If III; [INF Iij I1 , 7-- �. i _:� %; F / T - I -_. 0 .> ii h. i=J, Nit/ ♦ 'y a • 'i _ ‘;' I• i; Y ts, / - " ' •• •- II C ) . - "-• - . • 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 P120150002649 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-Iegahcom ] 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:michaelossorioftcolliergov.netJ 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 Qssorio 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 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 Cafe Administrative Parking Reduction (APR)'(see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Fires, 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-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 recerved 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 GlviD Public Portal Complaint Status — Complaint Information e.,t• 1.• 02,V.? •••, ,es ot...st• 0,11 ). p• t a•ht '3,01 ct^(,( P,t,t1 • '•••(..• • ,)pe t ...r "4.en. ,r4A r.cat, Z.912244000.3 iLfra.C2 1 It Srore — Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection Re-Inspection 4'27 Re-Inspection .•,n eC Re-Inspection t,on 11 2016 2016 Re-Inspection Nor,0m.414 4,[5 4,25'20i Re-Inspection .1 21 t'1 Re-Inspection r. u.rort 4,1 :43(1 1,1 Re-Inspection t Re-Inspection Re-Inspection ?7.((2 Re-Inspection 2: .111` Re-Inspection r if., Re-Inspection twit 12:1 . Re-Inspection 141 • • A,. Re-Inspection r'f,*:,r).' I. 0r. A,1 Re-Inspection 1177 t + I: 01 A,' Re-Inspection r. • 42.0* . ' 12 0( M, Re-Inspection Re-InSpection , Re-Inspection Inctia/Inspection EXHIBIT C-- Intp://cYportal.eolliergov.netiCityViewWebiCodeEnforcementiStattisReference?refereneeN... 8/7/2016 Complaint Status -CityView Portal Page 2 of 2 prci SIt Sta:"5. r.ease35 norerty 7C,N1 fn dent,`ie Critrt :Ice C4-4: .”,errler ,r,"! AND OR kv1),:,..2 pc,,c trItIn frr Inor ptnv,"1 D,7Cer.'y :Cgtr3te0 Cy Sr app,c/vcC Devehr,me^t P,an tt e intenden Ise a:Co?rintt,t,S *r. anwol interc!co a;;:.watie uses T1 2 53 r3b!CSI nd2 Re-inspection Intp:Licyportaleolliergov.netleityViewWeb/CodeEnforcement/StatusReferencereferenceN... 8/7/2016 �-•�. _ l•i rK ia� � , c' 1 ........i.".'.„..71:111111:111 . • ,-,...,--_-.c- �c - — —^,`G C, ! .. .. Vit.. —, 1 C, d . ir •..'‘rr''' • -' -44 fisf Si'. Wrr'. '':' : ''.''517' .:"....'•.' . : ,t e i I — iI. ', '.:....;.:;.:-..:•1 - ..-:-.c...,:iV ',.N..."- '.. I, ....i . i f ____....13.. r=._4_ V..; ,...-:,,,,.,..','. '.-,-,..,,,.---7:,:z •,, 4 .,,E, I., ,... .. t „ t u, „1 ,, 0 r.f.* .;-:".,T'::,,.....,...::::. . • ' -- A 4i.:' :15 i--- '' 3. ;, _ =! a T r +r , 1 1 T I .ss 1 • if i .ii i ,1 ,3:‘,:::;I: :f;:: rif Ai- ' r,. .i !leo, r l'ai 'fit ; N.,.:4,;(,•/.• Y .,_ .`1"1 '.4!p%,. r • • • ' S ,.f vfi '� fe ... t _ .* -0, ,f -..::::‘...,j1/4- a... ; ' 1a , . • t i " itA • . • .�1- 1 _ . 1 � 1 . 1l! i 111 11111 f•lip /~ .;- i -9K-77.•...,-----. 1 II �.I I °I 1111 -_-'._ - `mac II,I1,,- O (i) 7:7,- ._ r? , 1r 1 , • y J 3f • lv J! 47h • • • i • •s EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE 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...1 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 X03, 2Q15 7:24 AM To:Wright)eff Cc: VlietJohn; GossardTravis Subject: Code 5461 HIIIer/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• (direct) Begin forwarded message: From: "WrightJeff<JeffWrieht@colliergov.net> To: "Vanderbiltbeach54@vahoo.com"<Vanderhiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. 1 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 2 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 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"<JeffWright@colliergov.net> To: "Vanderbiltbeach54Pvahoo.com" j <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VERA 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.M 2 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; 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@ycolliergov.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 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; Wright)eff; 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 2 239-252-5066 Barb From:"WrightJeff" <JeffWright@colliergov.net> To:"Vanderbiltbeach54@yahoo.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 t 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506.ri 3 r Anthony Pires From: HoagboonJon Sent: Friday,April 22,2016 7:42 AM To: Letourneauieffrey 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 Beillows 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. lon Hoagboon Code Enforcement Investigator Growth Management Department Code Enforcement Division Office: 239-252-2971 Fax: 239-252-2343 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@colliereov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliereov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@collieruov.net>, HazewinkelColby<ColbvHazewinkel@colliereov.net> Cc:WilkisonDavid <DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliereov.net>,OchsLeo<Leo0chs@colliereov.net>, Frenchiames <jamesfrench@colliereov.net>, LetourneauJeffrey<Jeffrevletourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@coliiergov.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,GM 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; LevyMlchael 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; French]ames; 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 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 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 Hitler/FW: 9020 Gulf Shore Drive 3 1_. Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code l:nforcenient, 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; AuclairCiaudine; 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,239-2614744) to assist them with their SIP changes.Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794, PRBD2U1507"24795,and PR13D20150724797). '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; 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 4 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 Arnbach 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)JohnMartinez, 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 ightPc ollierRo v.net> To: "Vande rbiltbea ch54P yahoo.c om" <Vande rbiltbea ch54P yahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VBRA 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 Jeff Wright Directo Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 8 Anthony Pires From: ScavoneMichelle Sent: Monday,August 29, 2016 11:25 AM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne;AuclairClaudine;OchsLeo; Frenchlames; 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,GMU 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: 1 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; Marcellaieanne;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; FrenchJames; Letourneauleffrey; 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 All previously mentioned permits are active and going through inspections, except PRHV201S1031301(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,CMD 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 P1.20150002649 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,GM D 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 Leith a passed inspection. They have also applied for an HVAC Permit (PIZHV201 i 1 t13 1 301), and filed an SIP (P12130201 50930039) for a parking reduction. Code Enforcement cases remain open and stall will continue to inonitor the permits, On behalf of JellLetourneau. Manager Of Investigations Michelle Scavone, CMI) Operations Coordinator } 3 From: ScavoneMichelle Sent:Thursday,August 13, 2015 10;24 AM ( To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; Frenchiames; 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 (PR13D20150724792, PRBD20150724794, PRBD20150724795,and PR131)2()150721797). 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 CND Code Fnforcement Division Michelle Scavone (;MD, 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 kl Commissioner Hiller: Update Jeff i etourneau 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 GM D, 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 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: Vliet3ohn; GossardTravis; Wright7eff; 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 5 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" <JeffWright@coliiergov. net> To: "Vanderbiltbeach54@y 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 Law. zdress s re pubic 'ecn i-Js if ii t :ant your e-mail address alease:1 tesponse lc a public,ref,orcIF iequest. not ser.d elecli•cnic Matt tc'his entity inse:ci contact •his telephone c4 in%urging. 0 7 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 ColbyHazewinkel@colliereov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliereov.net> Date:July 22,2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>, HazewinkelColby<ColbvHazewinkel@colliereov.net> Cc: WilkisonDavid<DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>,OchsLeo<LeoOchs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, Letourneauleffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@coliiergov.net>, LevyMichael <M ichaellevy@colliereov.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; 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, CMD Operations Coordinator 2 From: ScavoneMichelle Sent:Thursday,January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; Marcella3eanne; AuclairClaudine;OchsLeo; FrenchJames; Letourneauleffrey; 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: WitkisonDavid; 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 cafe". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GM D Operations Coordinator From: ScavoneMichelle Sent:Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; Marcellaieanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; Letourneauleffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 ommissimrrr Ililler Eptlate lilt I_etourneau, Manager Of Investigations for Code Enforcement, advised the lour referenced permits are still in "issued" status. Flies' all have an expiration date of 3/20/1 o, which would he extended with a passed inspection. They have also applied for an IiVAC Permit (PRI1V2015103130I), and filed an SIP (PRBD201;0930039) for a parking reduction, Code Enforcement cases remain open and staff will continue to monitor the permits. On behalf of lelf Letourneau, Manager Of Investigations Michelle Scat one, GMI) Operations Coordinator From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MareellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; French3ames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller Update Jeff Wright, advised that on 13/7/15 staff spoke with John Marques (Respondent, 630-452• 3713). 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 (P13131120150724792, I'RHI)20150724794, PRI31)20150724795, and I'RI3U20150724797). They are looking to -il eliminate a driveway, and incorporate the benches that are ;it the source ()IOUs case. in addition, they have hired a "parking specialist" to assist them in this endeavor. Mr. Alarques said that three more permits will he submitted soon. Continuing to monitor and %vitt keep von updated. On behalf of Jeff Wright, Director GM I) Code Enforcement i)ivision Michelle Scavone (;R11), 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 4 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: Vliet)ohn; GossardTravis; Wright)eff; 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 ight@c olliergo v.net> To: "Vande rbiltbea ch54@ yahoo.c om" <Vande rbiltbea ch54 a(Z yahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I,VBRA Directo r. Dear Ms. Bamme [-- Please see attache d, and feel free to contact me if you need anythin else. T hank you, 7 Jeff Jeff Wright Directo r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- ) 252- 5066 Fk,rios, vi Sel.are pjui.. d ,101 wallt ddre:5:€0e2.se., pobli.,!ec,)rdE rorA $.n0,-a.,0tonic )1siezd. 010,7.1.2v 8 ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE C• WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Bawd Certified:11ea1Es= MARK).WOODWARD Honorable Donna Fiala VIA EMAIL Ra'Estate Board of County Commissioners ANTHONYP.PIRES.JR Collier County, Florida BaaaLcenisel:ct,,c«,nt); C/O Michael Bosi,AICP and Loaf Gusemn nt 2800 North Horseshoe Drive J.CHRISTOPHERLOMBARDO Bawd Ccrawa Maori Naples,les, Florida 34104 and Fundy Law Re: OCTOBER 11. 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CATHRINEA.HUNTER ItM(t' tion) APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFER.L DEV,RIES PL20150001922; Beach Box Cafe, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 (`Beach Box Cafe"P'Beach Box Cafe 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 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 Cafe 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: 3200 TAMIAMI TRAIL N. Respec SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX LI 606 BALD EAGLE DRIVE SUITE �tro ' _ , Jr. Esq. P.O.BOX ONE MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX APP/lg WWW.wPL-LEGAL.COM Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, Jr. 1 ATTACHMENT c TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE C 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. elA 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/Boca 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. al., as to updates, as previously requested in my letter of August 22, 2016. Thank you, Tony From:BosiMichael [mailto:MichaelBosic colliergov.net] Sent:Wednesday, September 28, 2016 8:26 AM To:Jeff Wright<jwright@Radclaw.com> Cc: Brian O. Cross, Esq.<bcrossPRaddaw.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. 1 Sincerely, Mike Mike Bosi,AICP, Planning and Zoning Director 239-252-6819-Office 239-784-7461-Cell 239-252-2806-Fax From: Anthony Pires [mailto:APiresC&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-ledal.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. ndu 1!or+da i -... m ul nddtes o MIMIC+c;ca1a1.,. .i you, ",. + yaw c t r it,ui h tdroab.,,d 10 ()SC to a()lib If rt.olds rer,u,c,t u!, .,t send at, tr ie nt,,I!If t121s Cr,tgty I1)1. ont„rt thi nfb, r I=.rr-:.r , ,,1;(Ina 2 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.corn/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 ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE Collier County, FL Code of Ordinances Page 1 of 2 DIVISION 4. - PUBLIC PARKS AND BEACH ACCESS PARKING Sec. 130-76. -Title. This division shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance". (Ord. No, 2010-29, § 1) Sec. 130-77. -Purpose and intent. The purpose of this division is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. (Ord. No. 2010-29, § 2) Sec. 130-78.-Applicability. This division shall apply to, and be enforced in,all unincorporated areas of Collier County, Florida. (Ord. No.2010-29, §3) Sec. 130-79. -Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches, It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or"Public Beach Access Parking"who is not utilizing a public park or beach during the hours from dawn to dusk. (Ord. No.2010-29, §4) Sec. 130-80. -Designation of public parks and beach access parking by resolution. (a) The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this division in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this division. (b) Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. (c) Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. (d) The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. (Ord. No. 2010-29, § 5) Sec. 130-81. - Penalty for violations. about:blank 6/15/2016 Collier County,FL Code of Ordinances Page 2 of 2 Pursuant to F.S. § 318.14,any person cited for a violation of the ordinance from which this division derives shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars($30.00).The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46,as it may be amended, of the Collier County Code of Laws and Ordinances. (Ord. No. 2010-29,§ 6) Secs. 130-82-130-90. - Reserved. II! 6/15/2016 about:blank R �p #Z9 .A\ " I 4079 'V�� ORDINANCE NO. -29 -'` �'' •\ • ,o, - �'� k ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS t iF ; ./4'066ZgZt LLIER COUNTY, FLORIDA, ESTABLISHING REGULATION§ RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF `%%', ter. 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 f � 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 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 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,B> QCK,CLERK COLLIER COUNTY, FLORIDA . • 4")-W._ (A). C.7,Aitst, By: g'1:, �� . : 1_. .: .� �s C , By: =al= ` :, eg+r, ut/Clerk FRED W. COYLE, CHAIRMAN Approved a to for* and l• "al s i i< ieney: Jeffre f . c`atzkow Coun ' A ,• , ey This ordinance filed with the crtary of tote's ivfit and acknowledg • hat o fi! L t,• - day :y�_... ,, ile 41) Page 4 of 4 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 apu: C4.erk Ex-officio-to '15o rS•'o'f . ., . • County Commis 4g-e'rs ' Ctu By: Ann Jennejohny Deputy Clerk 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 Iands 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 (1) Any and all Collier County beach park facilities and beach parking Iocations 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. "1'1✓kt,� A1 , •.•=.:,41' BOARD OF COUNTY COMMISSIONERS : . : COLLIER COUNTY, FLORIDA ,,7 .•y; tot✓�" 1.71 By: r sit a"..44 "..WI '. t.,413- .uty Clerk FRED W. COYLE,CHA AN Appro d as to form and legal s i` ci y l co/ r'1. Jeffrey 'I . b kow County , o ai y Page 2 of 2 ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE C.) Agenda Item No. 17G 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: (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 16DS) 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 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 bv: Barry Williams, Director,Parks and Recreation Department 7 Agenda Item No. 17G 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 7/2/2010 9:44:24 AM Approved By Jeff Klatzkow County Attorney Date 7/14/2010 3:44 PM Approved By Marla 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 4,42 PM Approved By Barry 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 7/1512010 10:15 AM Approved By Sherry Pryor Management!Budget Analyst,Senior Date Office of Management& Budget Office of Management&Budget '711512010 12:40 PM Approved By Leo E.Ochs,Jr. County Manager Date County Maraaers Office County Manaoers Office 7/18/2010 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 July 27, 2010 Page 5 of 10 (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. 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: CI ,Deputy Clerk FRED W. COYLE, CHAIRMAN App oved as to form and lega suffica ncy: Iii pri kid A it Jeffr:', :t ow Coun i�Att 4 ,ey Page 2 of 2 Agenda Item No 17G July 27. 2010 Page 6 of 10 te- 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 1., 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 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. 4 � _ 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 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. "'s) 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 July 27, 2010 Page 9 of 10 i -- 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 ga s ff iency: i 1 .411 111`7.46: Jeffre-I . :tzkow Count L• • , ey Page 4 of 4 Agenda Item No. 17G 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 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 APPUCABItRY; 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: Ail 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- meat, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112. (239) 252-B380. 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 No1855223 ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 3309371 OR: 3460 PG: 1484 RIC0IDID in OFFICIAL &ECOID!of COLLIER CODIFY, FL 12/10/200 at 11:22M DWIGHT I. MCI, CLEAR EEC FII 200.50 COPIES 56,00 Reta: CLEAR To :a BOARD This Instrument Was Prepared By, 2ITflOFFI 4T1 FLOOR Record and Return To: IIT 7240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 fassc t AR[BNDNEN'A 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 Nf1v00,h- , 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. - —___ On or about April , Coral-R, Collier Properties, Inc. ("Grantor") executed and d�L ered a Quit-C1 '11" ed (the "Deed") by which Grantor conveyed to the Co parcel of 1 d escribed in Exhibit "A" attached hereto ("Bean Ace ' ''- Dee w s recorded in Official Records Book 966, pave 8.' i. 4 ors of Collier County, Florida. Pursuant t. t t' .-:. ,e eachAccess Site was 0 „-I: conveyed to and accep e :e •u4 1 - b p ertain restrictions, reservations and prot=c -,.lifsli -,,r-- (.= .ret ',4 the Deed, including without limitation the tf^` trictions, res at on-. d protective covenants contained in the Decl• .ion of Restrio s�d Protective Covenants attached to the Deed a= ^,..ibit "A" the 4 "Declaration") , which Declaration was recorded ' ficial Recor..,`Bk 966, page 1866, in the Public Records of Collier - - o ',....\;)// 11E ( 1K - On April 19, 2002, the Co g- ed 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. 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 facilityon 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 a i-r , - ivalent to that of the Ritz- Carlton Garage; however, i• �� ., e maximum number of parking spaces exceed 350. Simu sly with t qg struction of the Parking Garage, the County s A. also, at its s a e expense, construct and maintain a trellis-li - s .. th- top •ev of the Parking Garage equal in quality and im'la - to .ha of the trellis on the top level of the Ritz Ca ..-4 - icing any construction relating to the Parking ,-- a-, •• , I s t to WCI, for WCI's i approval, which a r'v 1 ; a ' nre. - 1 withheld, all plans, $ including the design -"-"a• •-. lig • -g!, r the Parking Garage and trellis. Within` ., easonable tirAit of eri%eceipt of the County's proposed plans for th '•- king Garage„ I s review said plans and shall notify the Count writing of w oval or disapproval of said plans; if WCI disap -, said plans,. ( all notify the County of the reasons for such disap . - --aud-aha ' gest revisions to the plans which may lead the plans to -- lic(p4iii9b o WCI. WCI may not withhold consent to any proposed design plans ithe 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 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 W-lden Center Drive B. - S ' ' Florida 34134 Y • - ings ephone: 23 :213 / ;7,,i1,,-- 1- Telecopier: 239 98-:277 % a With copy to: r/ 1/ -- n_ Wea r, M'll jjr, Weissler, Alhadeff • = • t ee i-,) f 110Sit da 0 •v ,, Attn: Lawre a lin, Esq. r`:I`\ Telephone: 3-3/2 00 \�/ Telecopier: 1 3f 089 In the case of jI-'`------•__.__--- - the County: CsliWdr t' 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 - 8`" 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 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 A *6,1- 41116i 410 Print Na''e: ._. : ,12 C (, . n ♦ • • int Z e: trit. .. ATTEST:,T$ZHT' 8: 4tR C +E f 1 r •R ••L�NTX, a political ' • { 1{ s �• i Z' oc o f the State of r r. et. ••ri.- t' i 1f ".t By: t_„s 1lI ' Clerk ; .thitrNI'C)f'' BY KING, Chairman signatureDilly: "--,1 t_.._C\_->• 11-I6-03 Two witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: App ed as to fors 1 1 sufficiency As: County Attorney Ellen T. 011161111 } OR: 3460 PG: 1488 STATE OF FLORIDA Le A._ COUNTY OF CebiaaR oregoing instrument was acknowledged before me this day of The , 2003, by (� i , as �o.nipr\iC..e of WCI COMMUNITIES, INC., a De aware co oration, on behalf of the corporation. ,Be/she is personally know to me or has produced as identification. E)Z4 Prited Name ( rerN •S EKX:c Notary Public Serial Number (if any) : tbv=416,Ng My Commission Expires: (NOTARY SEAL) ' '. KANEN J.000CH N�Pubie,Sae.of faoaa. STATE OF FLORIDA r 4-,' Com.No0019 S� 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 1 company. He/she is personally known to me or has produced as identification. ,----8„ \ER C't5-` /Ly Printed Na �/ i �;� Publi 1 J s- ial umber (i .any) : (4--- y) tet' :iiJ'\,. .-01/ �pres: I:Aw-re\36140\005\Amd R,„0: 515(hdac J ��/ 10/28/03 \!J 1X1, ( L: �7'rc_ CIW'' - 1 MCI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 r 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 Restrictiees, 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 need _ ne 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 WITNBss WABRSOP, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI=S, Delaware co- •rat.° 7"---, II,. ANa. t — OSi* A t N ..�•'' (�, • Pr n•Q 21%__�i_ L: I �!i' • .t ;z -. If/ t irlAlk )r t ) ATTEST r 4 E- 9RO�C.CL I.4CI* ` • 1141. 1 f. stil,e :., ., N .1 r ....„. • fC • _�✓ �j ` Welt M I$ 1. By:TOM tiBtANINr3, Cha Two Witnesses: ; :, .n {i,tp' ware limited li- • ------ By: ew Lam' Pr,n�t�Nam Print ane: I A tS 4� a: ��a,P/t1EN Lay') Its: i - 4.. (t OflErnaix� Print Na�:Hovel L3 1 T'l C .x .. TCI LEGAL Fax:239-498-8271 Nov 18 2003 15:11 P.06 OR: 3460 PG: 1490 STATE OF FLORIDA CowrY OF The foregoing instrument was ack onledged before me this y of )C ra , 2003, by V, . as • of we! COMMUNITIES, INC., a De aware co oration, on behalf of the corporation. a/she is personally bsplin to me or has produced as identification. i Pri ted Name hoQCir‘ Notary Public • . Serial Number (it anyl: t){41(73' My Commission Expires: • (NOTARY SEAL) No1sYPNN 11 000 y 411;tiwonoies STATE OF FLORIDA ;7 Ne.OO Cows MA Mmv COUNTY OF COLLIER The foregoing instrueppt was egpnowledged betor me this day of NON/ j h r, 2003, by rll 111( rl1 , as ViCe (.?'PS, jr) of HNC OP HNC LLC, a Delaware limi li y�,c•„� • on behalf of the company. Helshe is personally 4 tbo has produced Trt,tification. Atte ,/ 1 •riT T_.. i:._4t Notary c• trt0 111IT it). y - •. O, NOTARY PUBUC 1.;TE *F D ;�cslpirkIsIs in u.ow-tlCiooa. . ypy�cr� �. My Comminion -s A ri 06 TGIF Ctv,` ..%-' OR: 3460 PG: 1491 ( 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 •"- •, s�or in interest conveyed to the County an \ ,R CO approximate 5-acre parcel of pro• ,,,bV.; .ch Acces - a quit claim deed("Deed")which was subject to a Declaration o "e 4 . i alis oiec ' e Co -nan ("Deed Restrictions"). A copy of the Deed and Deed Res • do •S • '"7: - ,ll: 1 .r 'A." 2. On April 19, I I , •u-` ; "i"► ' . -:.. a`. .: i , li uit court in Collier County, s '� Florida, styled Collier Coun , .�. WCI Communiti-• , c, Al's o.02-1562-CA ("Litigation") L.. seeking: (1) a declaratory judgm • • the Court • allegations of the invalidity and TJ11 1\Z --- unenforceability of the Deed Restrictionson- e chi 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- • 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 considerat' .ie foregoing Recitals, the mutual promises contained in this Agreement,andL ,•s-• and valua - , • . '•erasion,the receipt and sufficiency � of which are hereby conclusiv y .- • • - . the 3 ies h•ret• stipulate and agree as follows: 1. Recitals. Th‘, p, jy 1r06: 4, ., als are true and correct and are 0 \ 1. .1k incorporated herein by this e 2. Amendment o .!. _.2 Restrictions. Th „sir,ty •y agrees that it is bound by the Deed Restrictions which are the s. e Litiga'e .- •: Itaneously upon execution of this 7',[I, C:1C Agreement,the County,WCI and Host sh• I - amendment to the Deed Restrictions in the form attached hereto as Exhibit 13" 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- OR:V 3460 PG: 1493 Road, as the Ritz-Carlton employee parking garage located on anderbilt Beach Ro , 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 approval will not be unreasonably withheld.The parties hereto acknowledge that the County Parking exceed' ` (square footage)of the Ritz-Carlton Garage,and nothing contained h ein .: ..•strued as limitin,,r the ilding area of the County Parking Garage to an area equivalent to at . . ,,,,i i - ...,,ii, • .• er, a maximum number of parking spaces in the County Parking ap:: ,all •- • - _.• i, i. `1 I --.1 4. No Addition• P.e i'n:. on Site. The '` nty�gr 'at there shall be no additional parking spaces (beyond the mag . umber of 350)eve cted on the Beach Access Site, and that no additions to the County p far4gi e 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 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.p.�ng garage after Closing Time.Ritz-Carlton shall pay to the County a usage ....11/car, o : ., 00 per event, whichever is more. Under no circumstances will is -• '. 1k10. e n •bee of special events for which the Ritz-Carlton may use the .ar• • : 011: 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 arena 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 t� No alterations, changes, modifications or LIAR amendments shall be made to thistomt,except i 'tag and sired by WCI and the County. 10. Dismissal of Li la '• ! :•-•usl pon e ecu on of this Agreement,WCI and the County shall execute an file . s`'• o - ` t T• -ju ice of the pending Litigation t 1 I in the form attached hereto �•'•'��`�.., - j 11. Survival of Te : I terms,conditioi ghts bligations set forth herein shall 11 survive execution of the Deed Re 40as amen• a rt dismissal of the Litigation. 7- V,- 12. Severability. Should any provision-of" s 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- s ORF 3460 PG: 1496 WCI COMMUNTTIES,INC., a Delaware corporation I A - By: I ._11VA � Name: LS�� ' • �- - - Its: MINII . A ITEST: DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS OF COI I ER COUNTY,FLORIDA By: ,Deputy Clerk —IQM HENNING,Chairman 7,------7-t2R COT HMC OP BN LLC, a Delaw r. -tC 0i77\--' WI ..SSES: liability company r pv . .: :.„ , - ....., t • _.. ..... ... „, ,. ,,: f YtiA1.-t-LA P.:. 111,,-...yw..)._42 1 it' /` ^j By: (2:4 - t//,/ ' " ' • .Name:CA-IZM N C 11� (+ A tc, 0t� Name: v (.1\LL - Its: 1 - _.___ THE RITZ-CARLTON HOTEL COMPANY, WITNESSES: L.L.C. Print Name: IArs'5-i - R• Ids{r,K� � ,� / _ - til"kk5 I Print Name: '`'''� By: f �--..'Z�� Nam . K pth R. Rehman Its: ecutive Vice President & .'Chief Financial Officer -6- APR►' ed as t�o f/ a1 suffitleety OL ;: distant County Attorney Mee Te ChaMll n C ,0IGG2i6 05188k OR BOOK PAGE . CJLL.�.� �.O( T` RECQRik D QUIT-v A N DEED This Quit-Claim Dead, executed this 13th day of April, 1982. by CORAL RID E-u"'3LLIER PRtPERTIE3, INC., a Florida corporation hereinafter referred to as MAXIM, to COLLIER COUNTY, a political subdivision of the State of Florida whose postoffice address is Collier County ooverrarent Coeplex, Naples, Florida 33942 hereinafter referred to as GRACIE: (ltherever used herein the terms 'GRANTOR" and 'GRANTEE' shall include singular and plural, heirs, legal representatives, and assigns of the individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITRESSZTh: That GRANTOR, as a gift and in fulfillment of its obligations under the Pelican Bay PUO Ordinance (Collier County Ordinance No. 77-18. as amended) and the U.S. Army Corps of Ergine. ,o. 79X-02822 (November 18, 1981). os c, recorded in Official Record ;.qc•r• 824 through 1829, inclusive. .f the Public Reco ds of Co •. 4 . .. s hereby remise, release ar-1 quit-dais unto GRANTE= a, .. right, tit st, claim and demand which GRANTOR has in and '. allowing describe. 14-; 'tete or parcel of lard, situate, lying and •ei • n the County of Collier, Sta - of Florida, to-wit: N A portion of 'ecti-n '., hi75 4: u h, Ra Z5 East, Collier County, Jsi State of Fl.rid., as mo - . Acular desc.ibed on Exhibit 'A' to Schedule 'A' at', s-eli . . . r - Subject to: - G 0 '' . I) Taxes an ass -,enc fdr 9r' obs) ,nt •arS; `�� - ' 2) That ce `t'"'t4 '.- AR:.I .• 0 'cZ I 1k' 0:ECT:YE CDYEAM T 5 . ('RESSTRICTID .) ttached hereto and m e a •a:" We. of as Schedule 'A'. cr.- 3.) The reser r ht of MAXXTOR tAN in fill activities as permitted 'n . Argy Corps of c •jt e••.` Permit ho. 23K-0282 Q_ — (1io vecber 1 B, 198 . .1:3 GI - 4.) The reserved ri gh, of14 P�--ttpps ct a one-hundred twenty (120) • parking space facility, ti§fat err of Pelican Bay PUD Ordinance Section 13.5(0.) (Collier County Ordinance No. 77-18, as amended) F"'' including but not limited to such construction-related activities as site tie . preparation, paving, drainage, curbing and landscaping. v -_ 5) An Easement reserved to GRANTOR and the PELICAN BAY IMPROYE+C.'4T DISTRICT (P.B.I.D.), its successors and assigns. to construct, operate, maintainrepair, replace or rebuild drainage structures and water anc sewer utilities in, over, on and above the property, with the right of 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 strsr;tures and water and sewer utilities. 6.) An Easement reserved to GRANTOR and the PELICAN BAY IMPRDYEIENT DISTRICT (P.8.I.0.), its successors and assigns, for that parcel of Iand as .amore particularly described in Exhibit '91', to Schedule 'A', attached . hereto and made a part hereof, for the operation and maintenance of,inter-: • maamngeent'purposes. - N �� (__ _ ---.-= ie.L7Gr Y:lh r tee NO. . ... e This instrument prepared by: This document accepted by the BCCon April 13, 1982. '7 Peter O. Hecht v 2,"...e.-7:-. , / _ k s-u .4 . 'i M 5wl Pe t't' ley BT vd. 8 l/e Naples, FLW 33940 Y. Nag Y . ( '� i-4 i RECORDER'S MEMO: Legibility ` � of writing, typing or printing page t of 2. c 4. unsatisfactory in this documentp when received. — i {Z . . ----- — . . ; 000556 001E65 f DR BOOK PAT,: • -I.F.`AlT'AK7`TIlir:-iliE FARCE?. DE 1BED."IK EX1?1aIT 'A' IS USED FOR unint T N PiZLIC BEACH CUSS PURPOSES,'THE PM= SHALL AUTOMATICALLY REYERT 70 S?.AtITOR TD HAVE AAD TO ifOLD THE SAME together with all and singular the - appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of CRAXTOR, either in law or equity, to the only proper use, benefit and behoof of GRACIE forever. • IX WITNESS WHEREOF, G3RAL RIDGE-CDLLIER PROPERTIES, INC., a Florida corporation, has signed and sealed those presents the day and year first above wri tteie. - Signed, sealed and delivered in the presence of: CORAL RIDGE- JLLL:ti Pr'''"' c r..,. l-:_ 1• '.��F G�Qfr- BY: �� /' f .�. +k1. Ross P. Obley, Presider; .- ,'- .; c -. '—li'‘ IL--' -'s\ r , .- ----.- . ...I* .6,r.,.._ ... 0 �, f��T ,a••Louis 'f 1Foevs:en, Ass'..; : ° • STATE OF FLU -OA /C` ."""\ -,- . \ I HERESY +crTI •- 10 3 _ n `ficer duly authorized in C 0( the State afo d • t y. idlto take achnowle4 nts, personally ao• d OS• P. •- ,, �• -sid flt of Coral Ridge-Collier Properties, (Mc , •' n •..tie .. ••n est ibed in and who executed PCS the foreoci • 1 .str•.: nt an. he• ac :,•wleo _ b rke. me that he e:e-aged the -- same. •�, k ',) w WITNESS m s ane official seal d u, .y and State lest afp.esai4 Crt this 13th day '•' 1, 1982. L,,.; ;•" O --- '_.-----Notary ud:7c My C=C ission Expires: `a" t.1.ar MILK STATEa 5._::.+.AT. .w: ca to C:iVAISS1UH UCP``JS' N.'-.I.=0 I9SS .. Kra=1ht:J O$$UJ.t U' tR:..t+.7.1:•.Z LDft I RECORDER'S MEMO: Legibilityi i < 7'v i • • of writings typing; or printing i i unsatisfactory in this document i - _j r' - ' - t when received. i. D00 ,366 001860 OR BOOK PAGE OE:=AP.ATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR A PORTION OF SeCTION 32, TOWRSIIIP 48 SOUTH, RANGE 25 EAST, CDL.iEt COUNTY. FLORIDA This Declaration cf Restrictions and Protective Covenants suede this lath day of April, 19E9-, by CORAL RID Z- L TER PROPERTIES, INC., a Florida corporation. WITRE55ETH : kfiaREfS, CORAL. RIDGE-COLE IEA .PROPERTIES, INC., a Florida corporation, presently having its principal place of business in Coffer County. Florida, the record owner of the PLeLIC 8EAC:i ACCSSS SITE as described in ARTICLE I of this Declaration, desires to create a quality-development with restrictions, covenants. servitudes, iepositians, easements, charges and liens as hereinafter set forth for the preservation of the property_ values of the CWX S therein. `, TRREFORE, CJRAL RIDGE-COLLIa"t PROP�tTIE INC. declares that PUBLIC EEA.,4 ACCESS SITE or arty portion thereof as described in ARTICLE i of this Declaration shall beheld, , r conveyed and once sed subject to coventhe restrictions, co . S, l i d( os,Itiens, easents, charges and r liens hereinafter set „;: . tt��iS>� Tice rail Pro• subJect to this "Du. "• .T M OF RESTRICTID.'L': An FSOTEC IYEE COVE TS that real property desc. bed n Exhibit 'A', attacted hereto and made pari _ 1-1•4follmrl 0 0= �'O ` O aeaningz: .- Oer__ ❑ i{lf ]T have the faTTax ne 07 \_ ti .. 1. 'PUBLIC ' ii ACa55 SITE` sh. • a fer to a Fortier: of � Section 32. Town- South, Rance 25 E_ l �' particularly des^. . . : arty, Florida,r partas core •_Exhibit fi', attache and made a part hereof. O 2. "DEt( AR;.J(T• • and refs S••� RIDGE-COLLI PROPERTIES, ''sC3 IluC., a Fiarida corpora7e G� In Collier [aunty, Flori en y .s pri s oal place of business .. this +,' 't Flu e $ assigns of any or all c' its r yhts under Declaration. ---• .r+ 3. 'OWNER shall mean and refer to every person or persons or entity or entities vhe are the record owner of a fee interest in PLUSL1C EAC: AC E5S SITE, their heirs. tuccessa:-s, legal representatives or assigns. • ARTICLE Ii C.EIIE At RESTRICTIONS 7. LSE RESTRICTIONS. . a.) PtBLIC BEACH AC's T SITE may only be Used for the o eration .nf a -� public beach access site aattendant facilities, inciuling but not 7iusitq,I +~ r d to such facilities as parting. beach recreation, nature trails, obse ati areas, dune walkovers, beach sun shelters. resrornns, and beach equ Petit"' storage- ii b.)• That FiCC`` ?52 1 portion of PUBLIC SE.ACH ACC S3 SITE as sere , IliCIV described on Exhibit.'C'. attached hereto and made apar SM I] Ely . — used for only passive recreational purposes, part hereof, sh i3 t iri;luding hut.twt baited du r walkovers, -beach -sun -shelters, _:restrocas; ,and -"beach a i Uleye. r Prodded, hoverer. Public s pment 'spz cT pas:iN shall not he'a.permitted use in that pc .iori ,+ 47::- of Pt LIC REACH ACCESS SITE is more particularly described on Exhibit t = RECORDER'S MEMO: Le;,ibifiuv t - • - of writing, typing or printin SCHEgz�' i C�Eti unsatisfactory in this document '-�_ ' a A- when received. ; r ,. ... -' ,� _ .,e. - _ Vii,`b r► _ 7. ate. ? . _ «-rte-- ' � ' , 60953 001851 OR BOOK PAGE • . c.) No building, structure, facility-Cr other improvement shall be placed in PUBLIC BEACH ACCESS SITE unless and until declarant has issued its prier written approval. Ito food or drink concessions shall be nermitteo without DECLARANT'S prior written approval. d.) Vehicular access to the parking lot at PUBLIC BEACH ACCESS SITE shall not exceed a single entrance and exit from Vanderbilt Beach Road (S.R. No. S_8$2) without DECLARANT'S prior written approval of a plan submitted by OWNER for additional access. a•) . All facilities. Parting lots and transporation, systems serving PUBLIC 8ZADl ACUS SITE shall only be open and- accessible to the publit . during daylight hours and shall close within one (1) hour after sunset_. Al' nighttime`uses shall be prohibited by OVNER except with the pricor, written approval of DECLARANT. f.) OWER shall provide water management areas for the PUBLIC BEACH ACCESS SITE in accordance with the requirements of Pelican Bay Improvement District (P.B_I_D.). Surface water drainage and management, including but not limited to storm water storage capacity, shall conform to the overall water management require.mots of P.E.I.D. and meet with the approval of DECLARANT. 2. BUILDING SEIBBA Z LINES. SIZE OF BUILDING, SITE RETIO1(S MD BUILDING HEIGHT. WR. C.(77. , •ructares or parzinc areas shall a.) The sin o, i..t7 be forty (40) 1'* i the southern p of ne and twenty (24) feet from the northern ern property lines. ✓ b.) Ho buil'i •r fact ` • P.: IC BEA AL.-ESS SITE shall exceed 1000 square fee' per str,:c.0 • _ ant clsed structures shall be k c.) e e. C� i one-half E1I2) s n aft it het e b` less Phan twenty (Zfl) feet. O d_) ,,be -/ter t ' . ' any sig., ced twenty (20) feet in 'fid All, height abo ,fished grade of t.e•;•e- . LA.) 2. LAISDSCa iB(?, _ • _. a.) . All =g'et ion in PUBLIC BEA.. OUS SITE shall be left in its C native state. 7 when removal of netation is necessary, a plan ''til for such remora `e shall '+. Lt t d to DECLARANT for its prior, G7 written approval.• IIF; C ik. -L: b.) All reasonable effo . . . i be taken tc retain the native vegetation ts•-•-a•s'a in areas surrounding all structures, walkways, facilities or paved areas O placed in PUBLIC BEACH ACCESS SITE. However, in those areas, other than paved areas, where the native vegetation is reuoved, OWNER shall replace and 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 accordance with a plan approved by DEC_ARANIT. • c.) Prior to making any change, variation or deviation from the proved } Raster landscape plan, OWNER shall first obtain DECLARANT'S written a.provai of the change, variation or deviation. 4. VANDERBILT BEACH ROAD RIGHT-OF-WAY DF-WAY As required by Section 13.3(C) cf the Pelican Hay PUD Ordinance, . the _.:M.. ..t s� 4 northern seventeen and one-half (17-1/2) feet of PUBLIC BEACH ACCESS SITEr.'':a2�rc:—' • • adjoining Vanderbilt Beach Road (S... No. S-862) shall be reserved as :::::..7, '``"�J +Q-`-- _ right-Of-way far the possible, eventual four-laning of Vanderbilt Bea:!: p_oadt"'•f• by Collier County. Upon demand by DECLARANT, OWNER shall dedicate the northern seventeen and one-half (17-1JZ) feet to the appropriate governmental " L agency as a public right-of-way. - — , -=. S. PARXING. ,h_ . ' r'�- 1 ' • D- '..ARAKI •snail develop a portion c.' P'J3. . S_.—. ;CCE_$ S._- .- c,-viffe a .410 lr� i . 7nr ` - RECORDER'S MEMO: Legibility s `'• of • writing, typing or printifl —CxE C ( 1 %a^^y2 _ -___ unsatisfactory in this document E _� when received. - ___ , _. __- r• — ., , 003 ° 65 U 0 I 86 OR BOOK PAGE ifzemaa of ops-hundred twenty (120) parting spaces for the purposes of pubsit beach m=ess. OWNER shall be res;onsible for the operation and maintenance of said parking spaces. There shall be no overnight parting pereitted in PUBLIC RECH AC So SITE. 6. PLUS. SPECIFICATIONS MD LOCATIONS OF STRUCTURES. e.) Ko structure or facility shall be commenced, erected, improved or altered, nor shall any grading, excavation, tree removal or change of exterior color or other wart which in any way alters the exterior appearance of any structure or facility be urdertazen without the prior written approval of DErLARANT. b.) OWNER shall, prior to the ccmmencement 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, floor plans and exterior elevations; (ii) *design proposals' which shall unlade 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 concept plans and design proposals. DEr ARANT shall. in writing. after receipt of each required submittal, ayareve, approve ue-eot to required changes, or reject such plans, proposals and spec . { .s -FA submitted to it as required above. failure to obtain i Wit.. ,-6 of all such plans. proposals and specific coq • cr to t • -- ent cf any censtrrction shall be dewed a teleVe breach hereof and l"C shall then trove t e right, in addition t c her right permitted by aw o. in equity, to proceed In the courts c a• ..atony injunctio re, lring any construction done without s id it rovas , •e torn d.wn moved forthwith at OWNER'S experts . 0- c.) The approval, res eV.. • • h. ng T '.y CLARA'1T of the plans. proposals a. so • ns t- '-+z'_1o'� • all st ctures. and every alteration cf a "� 1 •t • -t-,stru i. -ted as ce a representation or deters ha `o -DE -•'• -1 - e•any ••' '�i oy.lu mbingg, electrical code or other (Tiii -•Ie governmental re r atlon. or Oe irements •- . have cr hare ^ot been prove t by the OWNER. Ca r se 11 .-oponsibie for attaining ail necessary ' Ioal data and to '•" "•pl A4a i n tc and r.") simu obtain tine approval of Collier U fig y, Pelican Bey trim_, and vr, . aro. othe_r-••appropefate gover:rae xl ncies prior to comma\ cf any work . .Q or construction. ,,, _ d_) DECLARANT shall have no dut�j��ttl��e 41r lAxoy amiability to any an Owen or to any other person whoescever'-1 the exercise of its .. rights or the failure to exercise its rights. DECLARANT may reject plans, r.s proposals and specifications based on any grounds or reason whatsoever, C.77 irciuding purely aesthetic grounds. in its sole and absolute discretion. DECLfl MT'S decision to approve, reject or withhold its approval of such work P7' may, in the sole exercise of its discretion, be based upon: (1) the harmony of Its exterior design, color and location 1n relation to, and its effect upon, surrounding strur:`ures, vegetation. typography, and the overall comeunity design, (ii) the character of the exterior materials, (iii) the planned quality of the exterior workeanship. (iv) DECLARANT'S design and construction standards, (v) the General Development Plan, or (vi) any other o material and relevant factors. 7. t.:rERIOR COLORS AND MATERIALS. Ro exterior colors or materials on any structure or facility shall ho • permitted that, In the sole judoment cf DECLARANT, would be inharmonious or discordant or incongruous with the Pelican Bay community or the PUBLIC BEACH AC=SS SITE. Any future exterior color or material changes desired by CWNoe o must be first approved by DECLARANT in writing. fD. P=. MaAr•r.: No nets dogs or other dcrestizated animals shall be p r dt ^ "a i •the i -PUBLIC BEACH ACCS SITE. ECAsch - ii ^ �-s No. RECORDER'S MEMO: Legibility • � IT ....� e,' of writing, typingtypingOf r7rinttlt!' � i 1 7 � 1 1 , unsatisfactory in this document ."---°1'`" r when received, s i -y1 _ �=,+c. �C - ,, .,.r.'�M.. ".•; j-L i,. ,ry^ .as • _ J%1966 G �> t 86;; OR BOOK PAGE 411, c. FACTORY BUILT STRUCTURES. No structure or facility of arty kind of what is coni known as 'factory built'. 'nodular', or "xobile hmee' type construction shall be erected it • PU3LIC BEACH ACCESS SITE without the prior written permission of DECLARANT 10. UNOEG 6DltD itl'ILITT LINES. All elettr?c, telephone, gas and other utility lines must be Installer undergound, unless prohibited by law. 11. MEWS AND e'L+?DLES. • No outside antennas, antenna poles, antenna masts, electronic devices, entennas towers or citizen band (C3) 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 United States,of America, State cf Florida or Collier County, Florida and such other flag(s) as are firs: approved in writing by DECLARANT shall be permitted. Provided, however, the design and nrccation of the flagpole(s) must be first approved In writing by DECC ARRA . improved flagpole shall not be used as an antenna. 12. TEMPORARY AHD ACI;SORY SiRLCTURZS. - _ No tents, trailer e,fes .nal vehicles (RY's) or ta-_,,crary structures shall be • "-ir unless their sic , i• �"�. "�, =et't,^. cr resata overnight ACCESS SITE hay �!,, •ce and c .cation in the PU3LIC BEACH ren approved by D__ writing, 13. OUTDOOR E•*I l- ' All mar ..e trash ,• PUBLIC 3E ACCESS SITE shalt be placed and •air.•- � > .•a• 1 .. n .nminers or some ther attractive ant a l ... tion, - d b '� � F pu cses of this section, (J, ,:' exposed oil d. or uc ai attractive op I a bVta ; s all not be cersicere+ an O ` � :I ,as fan s, sprinkler other such =L.3 . .N~ P s and .• >s. •_"•ndP _. �, laced in slant-screened areas so tha [tFre, shall not be readil visib e. r a'"5 gunk_= lands` be installed ,pqb • these facilities and int in "*Y OWNER. aping shah C,./..) ".. _ 14_ AIR COMDIT •RT. _. . .._ .. _____ . QT All air condi: 414,— is shall be e nd hidden so that t`eysax• b ll not be readily nisi> } - units may on Ty upon the prior written�� $ Window air r conditioning units fie-i t'ed Cal shall not be permitted. a—+ 15. SDLAR CDL:ECTORS. tem O . Solar collectors shall only be pe mit:ed at locations and on structures as N " art first approved in writing by DECLARANT. 16. SIGNS. No signs, freestanding or otherwise installed, shall be erected or I displayed to or on any land or structure, unless the placement, character, • • fora, size, lighting and time of placement of such sign be first aaproved in writing by DECLARANT. All sicnc rust also confer= with governmental codes and regulations and with any easter design plans for signs established by DEC:.ARA1P:. • • 17. HALLS, FE!'1LES, PAVING AND OTHER STRUCTURES. hE:'ii►J?e�A-1: f11( No walls, fences, shutters, walks, boardwalks, docks, pavement structures shall be constructed in PUBLIC BEACH ACCESS SITuntil its her H.tW t v L'.4-1 ,r Iength, type, design, caaposi..on, materials and locations shall her first _ f.. been approved in writing by DEC'.ARAN . Any dispute as to height] 3. h �^ type, design, composition or material shall be resolved by DEF' - decision shall be final. Hurricane and y t stc�, shutters shall not b st � �'Ike ,��>1, the exterior of any structure or fact,}tty, o No, 1� ` RECORDERS MSM I /(�� i of O. Legibility rt t.'"r . writing, typing or printing ;C!EDL�_ —' zu - unsatisfactory in this document 4 - or ; - r yn r :! i. U r if D G t J 7C OR BOOK P.GE la. :I"oHTIN . - ea exterior lighting of PUBLIC BEACH ACC'SS SITE shall be per 1.te without DE✓t..ft&ANETs'S prior written rip-)Cal of a lighting pian S .i.tee. by Q . . 19. KAIICTEXAWZ OF PREIISE's. No refuse or unsightly objects shall be allowed to be placed or suffered to -remain in PUBLIC BEACH AC"ZSS SITE. All structures and facilities in PUBLIC BEACH ACAS SITE shell be keit in good. safe, clean. neat and attractive condition, and all structures and facilities shall be sairrtained in a finished and attr,.�Ire condition. 20. HATER MANAGEMENT AP-EAS. a.) No structure of arty kind shall be const.sct;d or erected, nor shall OWNER in any way change, alter, impede. revise or otherwise interfere with the flow and the 'mime of water, in aro, portion of any water eanageftnt area reserved for, or Intended by DEIARANT and the Pelican Bay I.=rovesent District (P.B.I.D.) to be reserved for drainage ways, siuicewars or for the ac z ulatian of runoff waters. as reflected in any plat or instr. nt of record without the s^recific written permission of DECLARANT and P.5.I.0. b.) D'a7Cc? shall to no way deny or prevent ingress and egress to such water sanaaewent areas a Mali en or landscape pueses by DECLARANT, P.5.I.D., Pelican :1 ;tka le` • r tion, inc. or any arcpriate governeental age - V,.lA -•a re' . tiy Ire any right of Ingress and - egress, and ea 'a refore are here sill. icaily rtserved an created. C.) PLS .0 B 1 3 ACES SITE shall not 1n_ eased in size, free within or outside P I- BEACH •.rc 1T riga t prior written consent of DECLARANT P, _I arm icaily iiling ,n a y water or retention and drainage a _as .n .' i it --g s • tis- 'i t fl 1, dike, rip-rep, block, divert •or r r a , s ..Tit ion a d drainage areas that J haw_ been r m c. to b e ' h'C't '' v 7d DEC • • grant, withhold or nv lilts ~ sior. or eooreva: In any Instance whe pe Wissi ^- >:y is pe or required witt�_•t any W liability of T7 urn or kind to OWN r tg/al 'ether for�.i+er person any reason � whatsoever. an 4r •emission or approve a( shall be binding upon all O persons. r} / `<0 GENERAL PROVISIONS (.71 CJ 1. RESERVED RIG4TS. Co., a.) DECLARANT reserves the right to conduct certain fill activities as permitted 1n the U.S. Arty Corps of Engineers Pereit No. 79n-0252 (r{overber IS, 1981), as recorder in Official Records Boar g66 . Paget 1024 through ime. ( inclusive, of the Public Records of Collier County, Florida.. t b_) DECLARANT reserves the right to construct a one-hundred twenty (720) parting space facility in PUBLIC BEACH ArCZSS SITE, in satisfaction of Pelican Bay PUD Drdinarrce Section 13.5(9.) (Collier County Ordinance No. 77-18. as amended), including but not limited to such constructlon-related activities as site preparation, paving, drainage, c:?r5lne and landscapir:. c.) DECLARANT reserves an Eesee+ent for itself and for the FE_; ANS BAY • 1'IPRDYE EENT DISTRICT (P.S.I.D.), its Successors and assigns, to ccnstrsct,'; _«t- ___.- operate, maintain, repair,' replace or rebuild drainage structures and irate ^+ .' �� 'TEM ii4t and serer.utiiittes 1n, over, on and above the property, with the right af` ' • ingress and egress. GRANTOR or P.5.I.D. shall repair and/or replace any-area which It may disturb, dosage or destroy 1n the construction, eperstiNOVor � t _ painteGaren of said drainage structures anti water and sewer utilities. �` . , 1 .AGENDA.f`',•s 1•.-. : No. �`I C ii RECORDER'S MEMO: Leg,ihility -`''` '-- t ?JJ[. l of writing t ?spa ` • • . i,'i-l• . , , 1 typing or printilie unsatisfactory in this document i - when received. 1 i - -- '' r fi ` .� . ,�. - _' o - _ ... ., aoaso oo � ti Y :0_ OR BOOK PAGE elf and 'or d.) OE"' RAKT rose. s an Ut BA" IMPROY@IEJIT DISTRICT (P.B.I.D),G its successors sand assigns, for that panel of lend as a=re perti,:ila-ly described in Exhibit'•"E", attached hereto and sada a part hereof, for the operation and Maintenance of water eanaaemert purposes. 2. PERMITS OWNER shall cooperate and assist DECLARANT, including becaaing a joint arplicant, in any permit application to any governmental bodies for the - purposes of facilitating public beach access. 3. A'rEJI[ IT. DECLARANT may. in its sale discretion, modify, mend, waive or add to this _ Declaration or any part thereof. The power of armend.:ent, however, shall be limited to =edification or enlargement of existing covenants which shall not substartiairly t air the general and uniform plan of develcpWent originally 4. WAIVER. Any waiver by DECLARANT of an isyap` this Declaration or breach 4e eof oust be !n writing an: s �t -a nestreed as a waiver of any other pruvi Sion or subse s. DECLARATION RUKS WITH ri ve t. .�. The covenants, co .tic. tris : Declaration shall run 'th he yrs '''ter p •vis. ns under this ACCESS SITE. It is D ' . d b��the p` arty thi PUBLIC 5r..,+: ACCESS' the natural sou `nee, - 'Y , '-- , t cnnserve and SITE for the benefit of .re�.nt^ . c u r • n f�-LIC BEACH ori n; encumbered herein. e • •ese� of is ' prat- a a es pari(--). •perpua '� 6. RIGHT OF FIRST RE. W '14If at any tire OWNER fer to sell leasee,, L6„ r Cr* ot`erwise convey an limy• Pt;fzr.IC _PEACH .AC= . 0 • es •. kep thereof, to any person cr _ • , ' or any portion writingthe `� she atify DECLARANT Sr, �•' _ ._ of proposed trans tcra. Of` r. Leila eve the right within sixty (60) days to accept the to 4oftth- .p .� • transaction in its os-n • name for the gross purchase price a . • .he terms specified in said transaction. If DECLARANT shall not so elect within the saidperiod, coy then sell or convey PUBLIC BEACH ACCESS SITE to buyer, provided Osaid d t�'� transaction is on the same teras and conditions and for the pricepi set forth C� ►P the proposed transaction sent to DEC—AMT. 7. LEGISLATION. i OWNER shall not apply for dredge or fill permits in PUBLIC BEACH ACTS • SITE frac any goverr=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 o.jDtLARAAT. 8. ENFORCEMENT AND ASSIGNMENT. enforcea.) DECLARANT the nantrsesc reserves ditunto ;f the arm' ath�er the power, (i) to restrictions, Declaration, and {it} to delegate or assign, provisions of this �n—exclusively, any or all of its rights, ,"iii exclusively y or ,* 4 powers. duties or privileges to any • a person -or entity. DECLARANT shall be under no obligation to delegate or pet assign any of its rights, powers, duties and privileges contained in this Declaration to anyit _.,_. person or entity. b•) DECLARANT :hall have the rioht am the pores to t ,^�� tlT�'-.,� �1: covenants, conditions, restrictions and other pro isioal icOol .. ; . by this ( •ECORDER'S MEMO: Legibility }` writing, typing or prirtitiiiy 5Ci?CSulz its _ �,� �W,.__ - - - - ''F factory in this document PA" b Of 1. ! - :, received. . ?' 0:;55 00I57Z ( DR 800K PAGE -. Declaration by any proceeding at law or in equity against any person violating or atteapting to violate any such provisions, to restrain env violation or attempted violation of such provisians, to require specific performance of such provi:ions, to river dosages for violations of such prov1siot's. Failure by DECLARAKT to enforce arty of such provisions shall in no event be deemed a waiver of their right to do so ;hereafter. 9. SE fE JSILITY. If a* section, subsection. sentence, clause, phrase or portion of this Declaration is, for arty reason, held invalid or unconstitutional try any court of competent Jurisdiction, such portion shall be dee::rd a separate, dist-lout and independent provision and shall not affect the validity of the resainin3 portion thereof. IN vrnizsS YNntEDF, ',-0RAL RIDGE-COLLI PROPERTIES, INC., a Florida corporation, does hereby execute this DECLARATION OF Ra"TRICTIewS MO PROTEL-TIME COYERANTS in its name by its undersigned, authorized officers and affixes its ccorporate seal hereto., the day and year first above written. WITNESS.: C^ AL aza"; LLrFR O ".f Wi" _ rY-)2-.2...:Th7-1),-........4-:.----,-41---- , f f 12 Cb-ft} •"_aley, .res •1- _ - . ' n� a ct.. K(} / * . ` _ ,� r_- v ) f ter` � .�,��. � n1iL�e. v" •��- o r ..�,- STATE OF FLORIDA ) CDS OF COLLIa ) r going ins nt ask :..r f T l `oma y �'�R. �6,"` .ed he, e r s 13th d v of 3. S Z, b R� .e: .. CO: .. : .,p LIE? FROP ,T tN:=6INC-, a Florida co &ra ion., on beha f of the -•mion .ora f- :C7 "'—'4./..."'1...... ...:r"-. ,- _____ _ bazar lrI : 4 ........ S iO 11..yC-.-.. 44sirp -Aires: '� -1 ,: •` a_ �. -c 1V-(-,:.-, MT IGWWS31�3'l r7.71811iGY:^•(PSS M J 10,00:NTS:.isau fres.:.r4Sawxraa - h C11 CN C31 • d ,;?rit MFvE • pr f A G ENzJ0 - _,_�-. � No.._. ..__ 1 } R)=CORDI}2'S Mf M DEC t i ;'iii f, i U: Legibilittr - of writing, typing orc-uC-- -• ' f i- printing ; unsatisfactory in this document P`qe , of `' ; - — when received, `----- - 000966 0 0 1 B 7 3 0 OR BOOK PAGE [.ESWL DE$Cl'.IFTiOK * • . All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida. being described as follows; Commmicing at the southeast corner of Section 3c Township 48 South, Range 25 East. Collier County, Florida: ' thence along the east line of said 'ion 32. /forth 03a-38' - 3437.06 see. to thesouther' c t ❑C" 1�s_ (Vanderbilt Beach Road); ne of State Read 5-352 ( thence along said right-of -•rth :., - r0, est 1133.38 feet to the POINT OF 8ESIMMIN6 of . el herein descrl• ,• t --thence South 90-51' -C " •r feet: thence Korth 8C3 8'--, 7 . -ti to t' S toofFloridar Depart of Ka rai ResourceCor,Z Cat+.tctia Car�t;•c2 linee( or (per revised map of re.arl ' ' runt Florida): d :fiencontinue k•rt4 :4j3o ie s to the wean High Water Line ` f ` thence na.hreste.IY to a paint on �a'. ,.� - C yew le 24 .t once or less Q (Yander'-.ilt Beach -tom .e Ram S-act '.7Cy thence along said �-cf--,ray line South :,---08" 20' 4a or less to the s i •.lorida Departe nt :T a r- 200 feetCstat W �_. Construction Control V t �R snorers Coastal .p. ^thence continue along 1 . -•utherly right-of-wayn2"` Crt - 5-862, South 8DQ-08'-2. feet r said State Ra oc - 70_OD to .hit of Beginning 101:1the parcel herein descr . _ _ 5 r5 of subject to easements and restriction f E, T-- Q ✓• 7 • • li I NOV I': . FFP G. r s I �r 1 Pt, • .AGENDA ITE\ 8 r bilin} EXHIBIT 'A' of writing, t - i ' typing i R k 4 r Page 1 of ._ i __.__--�----,- printin ' unsatisfactory in this document when received, ` Out c5S 0G 1 2 ? 4 OR BOOK PAGE . .-.._ • ti, LEA' DESCRIPTION . i;;r J'. All that part of Section 32, Tovnship 48 Sox`.:, Range 25 East, Collier County, Florida, being described as follows; - Casetrcing at the southeast corner of Section 3.2, Township 48 South, Range 25 East, Collier County, Florida; the! a along the east line of said Sion 32, Korth 000-38'-50' West 3437_O6 feet to the southerly right-of-,ray line of State Road S-852 (Yanderbilt Beach Road); • thence along said right-of-way line North 800-08'-20' vest 1671.11 feet to • the POI1fT OF BESIKKINS of the easetent he..ein desori d; thele South 030-5i'-38' Ea c.' Leet: t---•-•,-.� these Scutt 0O0-Ys'-4=" t _ ,'�J�\ :hence South 04°_29'-S' aV .90 feet; • thence South 134-18' 16.92 feet; 1.„\\\\\\ thence North 800-08' 2• st 165.27 feet; • ther=e North 040-3 -35' E —•. feet; thence North 080-5 '-0 r - '4 feet; thence North 090 9'-l0" West 8.9 ' _ 1 there Borth 380- 5'-. :7 , ` theme North 090- i'- ' t there Wot`h 640 5' as: i') O «:tent Korth 220 i - ' r t�-f ' therm Kcrt2 01°- 7'1 0 t 4., ee theme North 210- '11• West 31.78 feet - theme Korth 600- Z' East 33.49 feet 14,t'se so :Ase)%y r'-ght-of-l•y W + .�_ line.of. said State •-862; � — Crib 'Sof.� . thence along said .'>• --way line South 86 ' 0 .ast 171.9', feet er. to the Point of Begin ,c the easement herein sr d; r ,.,-,,;e=t to e_seoerts and rest. Elio1+s - '\. `, G] 41s pJ-- - It.f } �.L 1 J� Y< „GENOA iT h44 r. ,. r.F .�. ._�. \ •J i,,,,..4"7•. -„,-". •:1‘....v is _._,,_ ) -.1,,--..7-.. _ I r1"G ;41 'f -_-- • - r EXflI$IT 'B' i NC. ..`�� 1-ti :� .t'F • Page 1 of 1. il �{�u1 RECORDER'S MEMO: Legibility { 0f writing, t>'Ping or printi�i . i o ' r �' unsatisfactory in this document 3 Mi, when received. r 6 Ei G iJ u , ,: i ; OR BOOK • PAGE Lea i. OZSLZIFTIOl1 All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; Comesscing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; - tierrce along the east line of said Section 32, North OO°-33'-5O" West 3437.06 feet to the southerly right-of-way line of State Road 5-862 (tanderhilt Beach Road); th^n along said right-of-way line Korth 800ti3.-2O" West 1843.02 feet to the POINT OF BSf2FNIM6 of the parcel herein described; there South 600-32'-23' West 33.49 s .-`"--- 1 these South 210-19'-00' Ea : 5 • t ��Or� ther.'e South 010-27'-3O" lies` ( . - , there South 220-,00'-3O E. tj. • feet; , 't tiara South 640-15'-40` agj P'.00 feet; ! thence South 090-57'-10" Ea sF 0.25 feet; - there South 338°-13'-2 Ea-. ' ,ee - :hence South 04°-49'-1+' E ' . -- t; there South 080-5F-10" st 6.04 f _ 'N \ f-- there South 040-33'- 5' " ; &1 _ tierce !Forth 800-0:'-2 s t� 75a o Fiori da Department of Katur•l -es Co 1Ptei nt 1 Line (per revised mar of record t ier Co•nt 1•rida); O there continue ?forth : i• We.,. 00 _ =re 1i.e the Near •.� i th . i- -�1oh Water Line of t4 cu , of Mexico; tr%rce north-westerly a ng' aid Mean High Vater • 2 i f a re or less W F.= to a point on the sa i•r1R•her1y right-of-way toy- Road s-Sn2 ''� (Yanserb1lt Beach Road); �-- ` 4 Q, thence along said right-c. -�t ne South 8C°-O?'-Z as 200 feat core or less to the said Flo t .nent of \ - sources Coastal �f Construction Control Line; ii r `�� ' thence continue along the soothe r Pub4 +J' yi of said State Road -' - 5-862, South 6O0-08'-2O` East 100.3 , _. -'Lse Point of Seyir•.ninc of ..-.., the parcel herein described; c_ra O - • subject to easeaerts and restrictions of record.; OO t ''-*-2,t,147...0,!T4t�h�_ i. NO. r. r t P AGENDA 17—,1 - - DEC 1 i 200' Elli1BIT 'C' __ ; Pg. /.__ Page 1 of I. f RECORDER'S MEO: L.egibilit of writing, typing Moc printing �'•` �'= unsatisfactory in this documeni when receives!, This Instrument Was Prepared By. Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER •j ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 uuemvw) 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 HN LLC, \;A: 4 a liability company ("Host') . � �Oj r. sack•=- .. \,, . Tii On or about .11,Ji 3, 1982, Coral Ridg. C•ilier Properties, Inc. ("Grantor") execut'd a - ' . ed a Quit-Claim .-e• (the 'Deed') by which Grantor conveyed o t - C..... t - .f lane• des ribed in Exhibit 'A" attached hereto ( Be- h Acces= S' , - ) . Th- Deed as ecorded in Official Records Book 96., p • .. ■ t-.= pp ds of Collier County, Florida. Pursu t hel - , • jr - Be-ch Access Site was } conveyed to and -cc= . - 1 b b 1 t• ce tain restrictions, yl reservations an•L . ,-• ' /- . - ,n -(+set 1• h , 'he Deed, including O without limitati• ' e -stric .ns, -`erva''a -- ' •rotective covenants ",.C7 contained in the `D= laration of Restr tion a d- ' otective Covenants attached to the •- s Exhibit "A" t -4-o` ( Declaration") . which W Declaration was re in Official Re s B•.g '•6, page 1866, in the .ice Public Records of Cr►Fie County, Florida. (� Q1 Cj �' S Cr.) On April 19, 201" "i pty fyke�cj��a�p�- tion in circuit court in b Collier County, Florida, st,y �. •1 i •ouh, vs. WCI Communities, Inc., Cel Case No. 02-1562-CA (the "Liti. - so 1,1 =-- mg a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of e-.-16 the restrictions, reservations and protective covenants set forth in the Ve 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 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- 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") 1 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—wit and in quality of materials and workmanship equal to or 'h n. of the Ritz-Carlton Garage. The parties hereto ac g •re..0 Parking Garage will exceed the building area l footage) o 'tz-Carlton Garage, and nothing contained h r n 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 `ate •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 01034 I T- o the Parking Garage equal in qualit an: mil-r in a•• - e••• r a o the trellis on the top level of eh: „84 - 4ar •on G•r•.= (,Befog- .o ,enc ng any construction O relating to the a i �r= _ ty . , plat t to WCI, for WCI's :v approval, which- p oval shall not be •nreas•na• ithheld, all plans, •• including the de=c`h landscaping and t,ght ng 4:0 the Parking Garage and trellis. Wi a reasonable tif er -ipt of the County's W proposed plans fo a Parking Garage, - Ocieview said plans and Q1 shall notify the Co ',, writing of WCI'- -00 oval or disapproval of O said plans; if WCI di +v.- said pla I`- all notify the County of 1.10.2 the reasons for such di pier, _ •its "est revisions to the plans 4-1 which may lead the plans bc - - to WCI. WCI may not withhold •- consent to any proposed design glaans-Ion the basis that the building area of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided F"' CJ7 the total number of parking spaces does nct exceed 350. ►.•► 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- `r- ( 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 receipt - .stained, or on the day telecopied provided that a receipt co '• transmission of the telecopy is retained by the sen.- -• • �4• 'k = -h . lows: In the case of { WCI to: " WCI Communities, c. • * aide Cente Dr' e ita Spri g , Florida 4134 At,.! . ivien astin• - `) Te •o•i9� 8.77 C 0 With copy •s ',.,-ver,. 1-i-dWeissler, Alhadeff VeII 5 & Sitterso P.A. 4-4.i.q �� 401 East Jason tr-pt W •••S;) Suite 2200 - '- - Tampa, Florida • Attn: Lawrence J.CB in, Esq. p 141216 r, lephone: 8 4 29 800 b C.) < .' • PIA/2 -5089 7 j In the case of ---__-------'' ,' the County: Collier County tan Attn: Marla Ramsey, Director F"a Collier County Parks And Recreation F--I6 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 -3- m^` 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 er in determining the rights or obligations of the parse fte$,++• or shall such headings be construed to alter or i �! ., - - lication of any provision of this Amendment. �,•- =r in this .A - reference is made to a number of "days, " •n6 otherwise provid-• h reference to "days' shall mean calend- da s. - IN WITNESS HE' OF,' - und= sig -• have ec ted this Declaration as of the day a d y:a ' st - z•ve Two Witnesses: 111111471Cloy IT ES, INC., a r, -laws• - ort eition O7> N By ` � u`� i Print Name: �� me: O b Print Name: �� " �� 4-1 ATTEST: DWIGHT E. BROCK,CLERK COLLIER COUNTY, a political ‘TI subdivision of the State of 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- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as f WCI COMMUNITIES. INC., a Delaware corporation, on behalf of the corporation. He/she is personally known to me asordehr asfiproduc d 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 Delawar, trap} d� v' ty company, on behalf of the company. He/she i p•r-• - �`ko�Ny1 ,eta me or has produced 7/Ce\'' '1//,. .,.1.1\ as identification. 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RECORDER'S MEMO: Legibility' of writing, typing or printing unsatisfactory in this document when received. INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz-Carlton Hotel Company,LLC("RICZ-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. ("WCT"), 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 ' cial events held at the Ritz Carlton, Naples ("HOTEL");and WHEREAS, the County • 111• allow RITZ-C• • Ct use the parking garage under those certain terms and conditions me •rial . • ,ttlement agreeme t ex uted by the County,HOST,RITZ- CARLTON and WCI: and WHEREAS, RITZ-C. ' ''O ` • - • •- ,�� - fI ty om any liability or claims that may arise out of their use of ill: Pr. as • t ; •w. O NOW THEREFORE, In .nsideration of and • co diti• the County allowing the use of the County's Properly, and su • -r good and valua•. • •i• a , the sufficiency of which it is hereby acknowledged,RITZ-C• ' -a agrees as follows: C o 1. RITZ-CARLTON wi • • I ei h. the County, its employees, appointed 4? and elected officials, contractors, and vo •-• aid ndividuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, c r. assertions of liabilities,losses,costs and expenses whatsoever, including but not limited to attorney's fees, tri 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" 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: y- �;; 1 -CARLTON HOTEL COMPANY,LLC. R ‘a fiikv limited liability company fl �: A '�i►T (Print Name: Mkt U t, Na O {,~� - Po-. • CAI (Print Name: Mkt *Ph - C.) _1,0/ "o CI 11 C STATE OF COUNTY 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 ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A i t'EST: DWIGHT E.BROCK By: CLERK OF COURT TOM HENNLNG,Chairman ,Deputy Clerk C_--{-�__-_-rile , 1 ,„: „..4 -,,,i,,\ , ,-„,-...----Th, ,..._, \\ 0 e(et 2,\ ,\\ „. , , .„. 1_ J 1/4...../ ;/! w 1J1\''N._.--\\ ,1',, _,/ vii '\N--------. T�Vit: �'I IZ�i'� CI Cal y Page 3 of 3 I OR: 3460 PG: 1518 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COWER COUNTY,FLORIDA CIVIL,DIVISION COT JER 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. / STIPULATION. H PREJUDICE 0 1`' It is hereby stipulated by n tween the undersigne cou e1 for the respective parties that I this action and all counterclai s dismis i' •re'u 1"ce wi ea h party to bear their own costs _ and attorneys`fees. \\, ,,_____ ,-...'"/ vi_c_.),, _____,<,;,,,t .,_ co/ Ellen T. Chadwell 1f Ih � des Florida Bar No.0983860 Prof' 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)2234800 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 1 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. ("WCP'), 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. • . _ s cial events held at the Ritz Carlton, Naples ("HOTEL");and R CQu� WHEREAS, the County ... • allow RITZ-C Qts: use the parking garage wider those certain terms and conditions m •ri. • ' settlement agreem t exec executed by the County,HOST,RITZ- CARLTON and WCI;and WHEREAS, RITZ-C• •• r O },,' �� ty om any liability or claims that may arise out of their use of th • •• as • . - w. NOW THEREFORE,Il ••nsideration of and . a co diti • tithe County allowing the use of the County's Property, and su• • er good and valua•:'' r si ri• , the sufficiency of which it is hereby acknowledged,RITZ-C ' llrb agrees as follows. 1. RITZ-CARLTON wi • • • • the County,its employees,appointed and elected officials, contractors, and vo - 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. 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 OR: 3460 PG: 1520 t 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: -- 41 '•I Z-CARLTON HOTEL COMPANY,LLC. \)„. :-!,....5:vfAjt iZnited liability company C , T --; • , (Print Name: iV;GN.r-; iZ- !IM �i Na, 1.771 $ . - .i,. , /.:,-.---",- c-'” posh$nrr‘iv Executive Vice_'resident Sc ''� z ^`- Chief Financial Officer (Print Name: ,'''''r- _ A� �/.NW '< 1i1 C'1Vc - �rnI STATE OF y�,, /a' ' '..41,1?%L COUNTY '17'24'"/lr' .c'7riA,2 The foregoing instrument was a know_ledged;befo me•;this.]` % of November,2003,by K.�irl',td ,.X. //411(b/ .41. , as '-2#,V �? 4 ,, -9`' (posinonftitle) of The Ritz- Carlton Hotel Company, L.L.C.,on be lflof said company,v� i�'o is N)personally known to me or( )has produced as evidence of identification. (SEAL) % d4 ' o€41,4'V NOTARY PUBLIC 1114 Name: �g0. �g� My Commission E�cpires: .� ©7 •(4 MAY • 2007 •'V Page 2 of 3 •' Av put*. t I 4 nn OR. 3460 PG: 1521 ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA ATTEST:DWIGHT E.BROCK By: CLERK OF COURT TOM HENNING,Chairman ,Deputy Clerk Appro , as to,fors & le,al sofficienr, Art-4.44 Dov= ,yal SUffiCtNIC�+ A �,{)LTA7 en T.'stant CoudMelinty Mer . kiiiler 7 . \ - ‘\ \ 1 0 ' r.-,\...,. .,,... u i )i-- Pin: C10-,%'� Page 3 of 3 • air • 0aa966 001873 OR BOOK PAGE L� aFsauprzox ATI that part of Section 32, Township 48 South, Range Z5 East, Collier County, Florida, being described as follows; - Commencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County. Florida; t enca, along the east line of 32, North O00--38'-SC' West 3437.D5 feat to the soutiae t'i t. " of State Road 5-862 Yanderbilt &each Road); Nr-1- thence along said right- 16, . North 8•• 7C0Vest 1I33.38 feet to t5e MIXT OF BE51Xitlk& a= reel herein desert.- • - --t1xrsre South 90-51 -40" .. 225. feet- thence North 8 8' 251- - 724.44 to t. ate of Florida Ceparteaat of it .sra Resource- •as al Can.•-uet re•rised neap of co • x* a to t o1 riche { ► thence continue r` :. 0 • 7'•una: , Florida); `0: -Z ^ •:'� = r i ss to the 4ear. High Water Line t • if ` thence northwest r r n'1 to a - atm 2:i t wore or less point on t � the. `.`-,rqy ne ,e * to Road 5-8e2 `� (Yonderbiit Seach Ch-a• ; _ " thence along said r g. -of-- ay line South •x:•-08 -2 /" or less to the ' jt 2Co feet core w Construction Contro ((__ iorida Oepar`aent ., �( • tl., &sources Coastal sd� ,.hence con inue alo utheriy riczt-of-s in ofO S-Bn-Z, South 800--08'- . :10_00 feet V said State of the parol herein desc '� ir.- of SeSinaia>S .d �'_I , C j . subject to easesents and restrictions • V'f • • RECORDER'S MEMO: Legibility of writing, t typing '-" )p g orprinting unsatisfactory in this document a=ge - when received. ( OR: 3464 PG: 1523 This Instrument Was Prepared By, Record and Returr. To; Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 IAfSCIVCD) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANT 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 "Couneay�"1;,�xWCI COMMUNITIES,, INC., a Delaware corporation ("WCI") , and Q IRI�`C ware limited liability company ("Host") . I. : c�k•round. Jr"?`• about Aril 13, 1982, ora Ridge - Collier Properties, Inc. ("Gra toecute• I' red a sit Claim Deed (the "Deed"} by which ,Gran r ••nv 'e= t Coun y the pa cel .f land described in Exhibit "A" arta hed h - h " T , Deed was recorded in Official Ree ds -o• . : •� ub 'c Records of Collier County, (I Flo ida .urs an •'o o t D.ed, the Beach Access Site was con -. e. a '• a .p - thel o nt s •jest to certain restrictions. rese va le.. -.007n. •. • -.• e co -'• e .. forth in the Deed, including with.tIE' imitation the rest - tion., r- ations and protective covenants conta TO. in the Declaratio. ,of Re- '. ions and Protective Covenants attac e • the Deed as Ex:?.. 'A {t reto (the "Declaration"), which Declar-¢¢ g was recorded in ()file ': -cords Book 966, page 1666, in the Public •4o of Collier Count ``4'lo ida. \l On Ap .c1 .. t • ou y filed an action in circuit court in Collier County, hok, ita(4t • ollier County vs. WCI Communities, Inc., Case No. 02-1562-CA Ligation") 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 ;finder 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. 3 a (, ' For and in considerationof the premiseses and o ill r d liable • consideration, including without limitation the settlement and dismissal I 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 - wl-edge that the County Parking Garage will exceed the buildin- frit 4WI4 flage) of the Ritz-Carlton Garage, and I , nothing cc•�aG�ir -- nstrued as limiting the building area 1 of the C- 11" .rking Garage - . tin ea equivalent to that of the Ritz- Carito e- =--e; however, in no e' etl 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 amn a t -e_ -1' - struc use on the top level of the Parking Garage equrl i . ty •-• s'.'' anc to that of the trellis on the top ley.. • - • .z 11y,.)e. '.7 Be .re commencing any construction relatin, th Pr -in- -�s. , ,. - Co t shall submit to WCI, for WCI's apprgg3�a(• hi . . a a n all be n -asonably withheld, all plans, enc-idli.- •?d- .--, •.• cap'-n: n• 4..hting, for the Parking Garage and tf lis. Within a r- ,onab e flit. after receipt of the County's prop.A54 •fans for the Park G-ra.e„ CI shall review said plans and shall -a y the County in t' • ^q CI's approval or disapproval of said p' a.; if WCI disapproves ^ s, WCI shall notify the County of the rea •n- such disapprove AOd : all suggest revisions to the plans which ma plans t a, etable to WCI. WCI may not withhold consent to y Ok• . .=_•� s on the basis that the building area of the Parkin- .rht:$ x•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 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: 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 teleeopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the cas f------ WCI to• t'p. COommunities, Inc. 1� alden Center Drive �� 6 .rings, Florida 34134 Attn. ' ‘ 'en Hastings Teleph ne: ?39/498-8213 / lecop er: 39/498-8277 • j w - . - naeack�t"]tcron Street, Miller, Weissler, Alhadeff ' fff Y A• �,1 - � Sulk 20 r Tamer- 1 719 33602 ,'" Attn: La ` e 3. Bailin, Esq. 1 .e lep or e_e 13/223-4800 1-+e o ,<E> 813/222-5089 tase of the at �}� County 1 t1t� arla Ramsey, Director e 1 eo 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 - 8th Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP Be 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: 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 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, a'. Delaware co''oratio' \ nn}4 R COUN. 44- I.• Print k: is o ciI ' Pr n•Q"."4111.=3611111== Pri. e: AT EST D IGH1•, OLL ER COUNTY, a political • bd vision of the State of IGH‘: .��" fox da By: t�C\ Deput *sift TOM HENN_NG, Chairman . Two Witness=-:1 iii l I i,; ��Z / HMC OP BN LLC, a Delaware limited ` - ----- liability company By: Print Name: Print Name: Its: Print Name: kpp a8a as to fors le al sutifctency A . ' County Attorney ;1 1: Chadreli • OR: 3460 PG: 1527 STATE OF FLORIDA COUNTY OF C3LLIDR j The foregoing instrument was acknowledged before me this ITh day of iiiiQUi f11bfl1, 2003, by <.C)f a-,.. 0 as go,-),,,d-Vice_1iec, of NCI COMMUNITIES, INC., a Delaware co poration, on behalf of the corporation. .lie/she is personally known to me or has produced as identification. Pri ted Nemec) t-Lis_.-9f--�3 ECC \ Notary Public Serial Number (if any) : 01}1073% My Commission Expires: (NOTARY SEAL) KAIZEN J OOOCH 1 Notary PubAc,SWe of FbAdI :12 MY D0aSTATE OF FLORIDA m1 9,2007 311 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of INC OP ENC LLC awaaeited liability company, on behalf of the company. /41 .- RiCs lly known to me or has produced f! �0../. ..._______-_-:-,' ./�j as identification. h Pr'rte Name: _ Not-ry lic 1 umber (if any) : (iC a li0 , i C. i sion Expires: i^; �T,t_q EOL) tom" 7:\w-��p\fAA1.4 0\605\Amti Rescov-WC!©D2. ,� 10/28 '" ��iii I VCI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 OR: 3460 PG: 1528 Any party hereto may, from time to time, change the address ' 1 for notices to said party b_r 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 . " I. and effect. In the event of any conflict between 'the piovisic is of tics 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 aalyi '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 CC1.04DNITI-S, •C. Delaware co- orat'- k Vit,t 4,14‘04A, 4iik P int N- rld _1 •![rte „ T, • int 3.e: Zri..a a .• - ... ..._"--•o,�. __. ATTEST: DWIGHT E. SROCR,C �' L R C•i� . _•• �C I ' vi i•• e t� • e 1.f i ;_ h" By. • . lk , Deputy , e : 0 TOM KENNING, e•: Ir..cs, Two Witnesses: 0a 4 , la. . D are limited ay: �� Prin111111M: 't N: &¢Rp7£N 1149Print ame: I `ts Cr s its y-�' ' '1 - Print Name:YMt't;II k 1T1-1 c-nnxc r• _. .. N Yet LEGAL Fax:239-498-8277 Nov 18 2003 15:11 P.06 r *** OR: 3460 PG: 1529 *** P STATE OF F*ORIDA t -a.. COUNTY OF eetaa&N , The oregoing instrument was acknowledged before we this _h day 1 of • , 2.003, by (xg.... , as of WC/ 'COb1NuNITIES, INC., a Delaware corporation, on behalf of the corporation. /she is personally )al to me or has produced as identification. Pri ted Name-\ e" S eocch Notary Public .- Serial Number (if any): W iSt 6p ., My Corsi-se/on Expires: (NOTARY SEAL) ,„.-- KAA41J.000CN f �et Belch STATE OF FLORIDA t_L;' MY CO M Notry Pablo.S1qq 2007 Comm.Ha.DRU li63s COUNTY OF COLLIER The foregoing instrumr.pt was ark owledged before tae this Igth day of NC'vrmher. 2003, by C r01a 1110--(4-) , as Vice P—ewcztrIf of INC OP HNC LLC, a Delaware Innis d liab ' ctae on behalf of the company. He/she is personally -.- ,. ! o(_ has produced - r.-Y—tification. C.,"- ' - l. . , . , ) ,l. a 'L. 7ed Na.714111 ,,,__. ;. Not-try •Zi k__.--, CI!(I) ,. _ T , } I:';w•Te\5b190X005\a.d AesCov-WC2002.dn ,,ty NOTARY PUBLIC•• •TE RY 'D ._ 1:/a:/os . My Commission .., - s pr;! 06 c ATTACHMENT TO OBJECTION TO ITEM 10.0 REQUEST FOR CHANGE OF HEARING DATE r ; $1,472 in savings inside ,,, _ rtlits Battu uts , tt. . Sunday,Septetnbe! 18,20161$2.00 PARTOFTHE USA TODAY NETWORK Ready for a fun day on the Gulf? First you have to get there,and that's no easy journey r. M-- I. 1 • M N/ _ • ! _11 LXX ' - win' 3 , •• BEACH OUT OF REACH JUNE FLETCHER JUNE.FLEtCNEi'co4P,ESNEWS CUM;239-2534775 ohn Minard,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., With more visitors and more permanent resi- lot of money dents corning to the region's premier attraction, IO ilVG.3tong, the parking lots are getting too full,he said. "The last two_years,it's been horrible,"he said. the f3r:ar.h. "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 ClamPassand DeinorWiggins State Park to stay the when he first came to the area in 1985 are long way it Is gone,making some of his beach access points in- accessible — and creatingchokepoints at 1dARK STRAI �HAIRI.IAN ZF '_LNICR _CJNF:P;„NN'NG See ACCESS,Page 6A l 3r Yj : F 1rX '..'-'''::..-7,1,••:_ ..r 5 ^. . arc v. ¢, ti U1a�-wear .r BONITA / ESTERO / NAPLES MONDAY. SEPTEMBER i9. 2016 ( THEiTHE NEWS-PRESSr „,,_,, nAFT OF THE USA TODAY NETWORK CAMPAFCSPI CONTRIBUTIONS,LOBBYING, RECREATION LawmakersI. ! received amt I;�. .`j _-_, . . ,a:: �� cash from _l , � drugmakers t, �4.', - .,,1 s; LAST TRAPh . L !%k,1 • - ; Upioid makers,advocates spent t ,, PICKUP + S t r ;, FROP1.' � (. . . $J.8M in Florida over past decade �f!` '' TAMARA LUSH AND MIKE SCHNEIDER s - A I t t TTA-A joint investigation by The Associated Press and the Center ` i 4 ,r5 ,e. for Public Integrity found that drug makers that produce opioid painkill {� ,,, ers,and allied advocacy groups,spent • i t sal more than 59.8 million on campaigner contributions and lobbying over the Atter Florida past decade in Florida as they worked ..- lawmakers to influence state and federal policies. Niall aavchtixtrxn,,.csr+,r.tv., adopted The groups have an array of political Beachgeers wait in line for tram servke at the Clam Pass Park beach access point in Naples. so-called interests that include opioid advocacy, abase•deter- and their spending was eight times rent leakier that of the gun lobby during the same hots this year, period Beach out of reach Gov.Rick The investigation comes as the sCottiigned . number of overdose deaths from pre-!onto taw. scription painkillers has soared, Scott received claiming the lives of 163.000 people in S10A00 front the U.5. since J000. Reporters arm- , opioid wane- lyzed campaign finance and lobbyingJUNE FLETCHER CLL'COAT Ofnacer •we oL factureri data from 2006 through 2015, re- a5 5� according to viewed hundreds of documents and Florida ohnfitnerd,80.likes tawalk orswim atthe beach ev rs campaign conducted more than ISO interviews. day finance and Drug companies say they are corn. grows, But lately the retired apple grower is having a hard iobbysng nutted to solving the problems linked time finding ways to access the beach near his home in data, to their painkillers.Purdue Pharma, flehate North Naples. one of thy 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 wayoptoids are pro- lots are getting too full,he said scribed"even if they result in lower over "The last two years,it's been horrible," he ;:aid. `arcs'' 'Lots yet full by 8 a m,in season,buteven in August.they're filling Atone tin]e,Florida was the epicen- \S en- up by 10.30am." f4otcover,some of the parking spots lie used to use neat-Chant See Oploids,Page 10A then?aril Pass in id Wiggins State Park when he first cattle to the area in t00 I'M 1955 ars bong gone,making some of his beach i woes,points inacces- sible--and creating choke points at others. access ",ccesspaintsatthebeacharemobbedwhilethespacesbetween • p011115 See Access,Page 14A Election 2016 Trump visits today: what you need to know SHELDON ZOLDAN President George W. Bush s re.ciaction .:ado sz;.S,sorsv,=-essrot., paign in 2004 atCityof Paints Park In 2000 Sen Lab T.Beater to host John MssCains running marc Sarah P ht hole 3. The presidential campaign comes le South- an event at Germain Arens fundraiser to find 5 west Florida today with Donald Trump making Trump stumped in Colorado Sprues on Sat• -112 W home.1D his first visit to Fort Myers. urday and was in Houston an Sunday for -. Tramp Trump will be the first Republican presider • tial candidate to visit Southwest Florida since See Trump,Page BA HIGH 89 seoor.s'et ads, Classifeds'SC Nation"30 srsras1C era scathes tweets Loral business nl5A need to know.2A Views o17A II:II�I.-VIII Ill TREceIVNEWS-PRESS LOW 76 :eew{pt'emnom I _ r boaeaso-,.uev Lottery�.9A Obuoari..14A weadie-sloe D9E 1 02625 carvriyhtm!e B 8SL 19� t 0 Mel Best to Bey! appliance n' �►� 122 First Place al�tL; i,matem. aa,tttt„a Electronics �' • PROFILE 4t�4 Reader's Antes ✓^.�� •.� ,��,/ •� ram IYa�N tslF. ! e,.,,, ,: a� OutstandingCustomerSpfirlpHt ,_1�r. Service! �ulitl, Your Own)eackageiDeal! _ e; t,r.,M praf41210alselap Appliances& rash t cams"' u ...end- atnstalladont Electronics Purchase çhr more kitchen appliances a > ,tend ,contractor dlscount$l.. ' l-.trw. f r row Price eumnteel 1SWaFLShowrooms I nl .,O Nna3 + settle{ t I N41314 O{A4r I r.0:./tell nyaconUNO Wr!OV{ 1 pite(TnNee1 aiiw ,r. I _t, . . ei..,,. r. biilsmith.cam raaltass"ss :isias.ieta �aeritelaN' su,s�saas :{4a4anu I 'raassai4i I naasi. t:ontirued from Page 10 �� i , them are wide open,"he said"It never was like this he- a �a+s ate, ' W:cfore„ `, 1 axe is �.. As more people come to Southwest Florida seeking a - - r_ spot on the sand—and taking ur already limited parking x "--, -_I ,. ' 1 at rising fees—debate is growing as to whether they're - I f;)- 1 ,� r I r ` heingfunneled into too few beach access points.And that d i --e— ' could negatively affect tourism and real estate sales. ' j i ^t ;u. . , , ,} "People come here for the beautiful beaches,"said i, �Pr ,,! Mark Strain,chairman of the Collier County Planning ti' moi' . (' Commission and its chief hearing examiner."But it's get- s , c-!' 1 �I �I i ung harder and harder for people who don't actually live - -__ - ✓ r`'is r ''/ } , :long the beach to access them." - J ^ On the surface it may not seem that Southwest Florida .,: `/ ate- has much of a beach access problem,at least compared 4r.`I ',kith some other parts of Florida,which has more than / r 2.000 public access points statewide. '\ // According to Florida's Department of Environmental J Protection,Collier County has 57 public access points r along Its 34ntilesofsandy beaches(spaced atanaverage _ ) ere i7 of every 0,6 miles),while Lee County has 98 access points `��.— along 47 miles of coastline(orevery 0.48 miles),and Char- +�' 7, . Ogle County has mile access points along 12 miles of `y beach(or every 1.33 miles). w• Contrast that with Hillsborough County, which in- eludes'lhmpa.It has only one access point along its paltry \ i r) 2 miles of beach—and it can be reached only by boat. A \\ - But compared with South Florida counties on the east .oast.Southwest Florida's access points seem limited and far apart. +'to'Ot iY NICptt eAUCNLvstswAPIES DAILY sews Miami-Dade County has 129 public access points over Beachgoan carry their belongings to the tram at the Clam Pass Park beach access point in Naples on Sept.fa.Clam Pass Park 20.8 miles,or an access point every 0.16 miles.And Bro- has 171 public parking spaces,which are 58,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 ..3:- parking nearby,makes it much easier for Florida's east While limited access points,tight parking and rising fees 4 YYst,,,,5 "' .oast beachgoers to hit the sand,saidlrliami resident Car- are the biggest obstacles to public beach access,some men Borges,51- bead+goers also say they are being chased away by water. '.1M' Lounging on Vanderbilt Beach last week,Barges said front property owners who say their seethes are private ! Naples' more restricted access and longer walks to "ft's happening more and more,"sara Grant Gillman,18, ' - ? crowded parking lots was frustrating by comparison. who works at a Foil Myers Beach coffeehouse.In reality, d+ "If you come with stroller ore kid.or someone who is throughout Florida.all last,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 Louis ville,Aentucky,won- traditional mean high water line—a line that once set, Il ' ' iii I-- s dered why associations for beachfront condos—many doesn't vary even d 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 use the beach i I r year—don't allow tourists to use their empty parking lots front that line to the tooter I. ac; 'yam:;.. - rr and access their private beaches duringthe offseason. s -� "It would be gracious,"she said."After all,we spend "';" •r, " , money here and help keep your economy afloat?' built out. Collier planner Strain is worried the county isn't pre- The county has 1,515,beach access parking spaces,not Beachgoen carry their belongings to their cars at the paring adequately for what he sees sir 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 coup- prices make buying more land for access or parking too Aboard thinks that's an incentive for Lee residents to ty'spopulationwillswell to1miit lliontol.2millionwhen it's prohibitive for county coffers. buy Collier parking stickers instead of Lee stickers,con- Anotherproblem is resistance by people wholsvo on or tributing to the overcrowding of Collier beaches near the FUNERALS&MEMORIALS neat the beach to providing more ways for tourists and Lee line."Beaches primarily should be used by their own { r• Memo inland what rr. •own Is,"he said Ri ser y ' ti" ); 'r �. nt,)rr�vat X yid y �, „. hat sort oflogic haslongbeen ahone ofconter;our a + **yi:t+l7t ii noti : s i,.... q,,r...ii llioi;lovi fGKl.';i t ;� lir henofficialsofColherCounty and thecityofNaples. " rtypea said ere,M. e way caisiurtally floats the idesiot limiting free parking www.news-press.cotnlobits or call 335 0324.Please it is." ong the beach just to city residents. snit news-press,com for archived obituaries.Obituaries So residents often resist suggestions like bigger park• Naples City Manager BW Moss said that's inspired by and photographs submitted to The News-Press may ing garages or public transit,even if it would mean cut- the feeling that the county doesn't do enough to help the he published,distributed,repurposed and otherwise ring down on the number of cars that prow/streets look- city maintain its own access points,which outnumber used in print,electronic and either media platforms, ing for spots,Strain said those of the county and often attract county residents. When the luxury high-rise Moraya Bay was built sen. "About a million 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 MARKGRAF the entrance to the neighboring North Naples beach ac- refurbished last fall with nets restrinms and planking FORD,NANCY N.,87. cess.Sosand-seekers who wanted tense their free-to-res. that cost$25 million. of Sekeella diad September `I'.I';ESiBEn•2°16 idents Collier County-parking stickers were forced to use But while the Pier,fowdermilk Park and the beach ac. 16.2016 Arne.menuR:,,•c. nrrri' htungrt: i by Courier Park,a half-mile away. cess at the end of Fifth Avenue South are heavily used, Hod Funeril Home ac tee ,..P''''''''',.' ' '" Fin bsyrs. pumd jet ,. tY'cdn<edav Ser Shuttles from inland parking tots would help alleviate there's no planning whatsoever for more access"Moss Memoaai Park -"'r,it, sh,,c;,,b-r,lima the problem.but ton oftenresidents object to thein. said."To be able to acquire the land is beyond local pe- es.i" ') 13 isrunghars..,LLStrain said- ertunent.'. and mos d so For,St .id, But sticking your head in the sand won't make the That's because many of the city's beach access points ' her ramify in Imo She war problem go away,he added are near some of the region's most expensive real estate. j a reg srerel neer And received •1s the eastern portions of the county become Bevel- with beachfront lots running into the millions, her tuning""."1"-'ll"hon, oped and residents head to the beach-especially from Because public parking is limited to a handful of 5'.Vg ' l'i,.u'i t'„pisal sir Bir huge new towns like Rural Lands West and Ave Maria. spaces at these access points.beaches near thenumsiotis { oirrllad,•for,fie-ruAPIEd,d traffic along the beach willbeterrible,"hepredicted are among the most uncrowded iso the region—although n Colle6,e avd went„ What's more becausemany of the county's beach ac- people sometimes park illegally to get to them „rnptcsr, her ar.r6<,t,,n ,„ cess points have no public parking nearby,they are forall "People park on yards mid shrubs,so•tsr have to send Operaring Pak ni m3 c.rdu,y practical purposes inaccessible for anyone who doesn't the police around"Sloss said, Mr billing Ind claim,r,.ie.. live within walking or biking distance,Strain said. Yet there are no plans to shuttle people to these more SIh he‘.0:1..ed ai Such inaccessible access',ousts include the roughly 2• ;eluded beach access points.Moss sand l.. + home I mile stretch on North(lulfshsre Drive from Vanderbilt "We're not looking for ways to help Noels-ole gel to the at • / ) f t r: 5 lir. Road to 110th Street 'Sr the.beach along Pelican Bay beaches here,'he said sir, , , sunt`-haf.e t 1. .nisi. •ndsnmet ieseven b ikendershaveahard time find- In fact,the city recently upped it,,herimgv;itefor paid r ,i'-;,7-1. 5,i i ?.fa ti, r .chs i n- mg a spot spots from 51.50 to S2 50 an hour incl put n meters that •n I an dug rbc ..n r- Wirers he lived on Alarco Island,Gage\t rieeler.20.of• take credit cards m a move thst antieli.aced to bring Sl s.r•:or South ftn.,d;s:.e..e,.c ten found rhe Five to eight spaces provided for hikes on miL3onirreveiuetothecity,said LisaDauclass,the city's I, +lath I ©sr beach access racks"really packed' "Sometimes there billing and collection manager. Metes/ f sg r c h tsar no place to loci:up your bike."he said. Viten people pay meters with coins,she said,they stay ,,,\t‘ , li,triF iv EnFiand v.her,me is Other titres,especially during the stormy summer .?Fly as king as the jingle in their pockets will alio,v '.Ing F her yi ire• months,parking lots flood to the point of being nearly int But people are more apt tooverpai with credit cards gr==- Sire1 ;vcnb3 passable for days,as frequently happens at the 96-space so thes-dust base to cottme back and feed the meters-'site her vsornc- \,.neon smi,h. Collier County 1st onlr_lyBarefoot Boulevard that serves said,adding the city has 1,305beach-acres,'parking spots. i SIsc...,z xdeil pte +n._each t••. the access point to bath Barefoot Beach and Bonita While rising fees bring in revenue,ties al's htun er p S.t 1. Beach,just over the Lee County line accessibility for those hard-pressed to afford thein � r .r ra Carl Schi-sung,manasgerofthe cityofBonita Springs Fort Myers Beach residence:inmlyMasteran::52.said t ! e,est+ .run f i are said Ito's,-very concerned' about the lack of psu-king at it also puts a damper on the day of beachgner's wh•e must 'v sit s Sten at Gird fu- Bonita Beach,the miss.accessible public beach in the constantly check to malts sure their meters aren't ex- jOl di Hum-t.l et,. C. :t t,o southern part of Lee Court in terms of parking. pined,exposing their to heavy fines'When hen I came here 4 rt .although there are uOparking spaces on the lee Court- 19 years ago.parking along the bench was free."he sail 3 owi lie ty side of the beach acres!:.he's ho}ine the lag can be rt•• In Lee County,parking fees rose in 2009 from$1 to$2 1 gg s e s foreseasnes configured is squeeze in a l etc more spaces. an hour at the Bonito Beach Access No.1.Lynn Hall and l l r u ea Hee also asking two developers who want tt,huild in- Bonita Beach Park access points.They rose the same t`'. _ �w L lob L: - t t .." I' ' i p� land hotels in the city to add at•out 2'20 public parking amount in 2013 at Bonito Beach Access,y••le Pols-dn 1, i 5,,o3,,.., r h ,ytt spaces to thein hotel lots.They'd then take residents and and Buncite Beach I I - rbc I Rori,,.w,s hotel guests to the beach on their preate shuttle buses, That helped to raise parlang revenues at beach parks 3533 SI s,r Blvd po, which,unlike public shut tics..wouldn't be subject to the from 51.34 million in 2013 to 515.1 nriliio n it 2015. whims of NIMBY neighbors. In the meantime,businesses near the beach wrestle 1�I In I.., f I 'The idea has been well-received by the hoteliers,"he with the issue of beachgoers parklike in their lots to geoid f 1 011,6.1 .+r—ds i,• said.adding that private bench shuttles from master- the paid spots Is towina vehicles,north the s-n-I'of thine Page 1 of 11 Beachout 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.11etehernaplesnews.com:239-263-4775 Share This Story 14 T4A`eel 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.connlstory/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 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 view a map of beach access points in Collier r> 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.cam/story/news/1oca1/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page 3 of 11 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. • Ito; a 4h K Y ity p4 Skip Ad 5imithmalstlf1orida residents bemoan the lack of beach parking and access points.June Fletcher x http://www.naplesnews.coni/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 4 of 11 Earbfathwing,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. Ski/rein our online poll: Do You think there are enough beach access points in Collier and Lee? e's also asking two developers who want to build inland hotels in the city to add about 200 public parking spaces to their hotel 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). • • • mss. a fit!- 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) FuIiscreen 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) Eu H screen http://www.naplesnews.com/story/news/1oca1/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 5 of 11 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) 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) 1-uilscreen 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. I0, 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 S8 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) Fullscreen 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) Fullscreen http://www.naplesnews.comistory/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 6 of 11 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 theyere 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) 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) 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 • o1-20 http://www.napiesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 1 Page 7 of 11 / ` 2 oi20 / / . .Pitv\. 3u20 .4of2 / --,a \ 2 5of 20 \ =\` < w »6 of 20 1 / - :. . . » , 7720 % z 3» © � (,) , 8 of 20 of 20 . WS } » of20 !! of20 . '1/ 12 of 20 • m;d y: 7 13 of 20 df',OP" ' 14c 20 !t, //w w n newic mlmoryin cw ocgA016/09/16/be -mae chl90 30 50& 9/17/2016 Page 8 of 11 ' - 15 of 20 • of 20 Il7of20 • `r 18 of 20 19 of 20 • .,. t^ ea, rt 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 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) http://www.naplesnews.com/storylnews/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 9 of 11 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 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.eom/story/news/local/2016/09/l 6/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 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. u ` •Direct:Co•stal Access Guide u , srttt,a, hlarda� ) ;>Vrar IttrIC1::j Show Imagery Slider 11111 >> —Show County- 1 577,790 ounty-1:577,790 ^ 0 5 10mi ^ O Share This Story 14 1-%%eel Share Share Pin Email Comment 4Flu Nir lour PART OF THE USA TODAY NETWORK ©2016 naplesnews.com,All rights reserved. http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 PAVII WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Iicntd Cctit eti1:Rail Estate MARK J.WooDWARD Honorable Donna Fiala VIA EMAIL Bun1C R°I Estim Board of County Commissioners ANTHONY P.PIRES.JR Collier County, Florida Baia{Celtic&CiENC C/O Michael Bosi, AICP and I n-,l Go emment 2800 North Horseshoe Drive CHRISTOPHER LOMBARDO Naples, Florida 34104 Bwni Certified:Marital P and Fundy Law Re: REQUEST FOR CHANGE OF HEARING DATE CATH RINE A.HUNTER APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- u Lfl a', 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 t.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 Cafe 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 3200 TAM IA1.t15UITE IL 200 N. should be upheld' and the Vaguna Appeal should be denied. NAPLES.FL 34103 239-644.7 239-64 2 FAX X 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 J 606 BALD EAGLE DRIVE parties to the Residents'Appeal, the Vaguna Appeal and The A SUITE S00 PP g PP PPeals 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 I 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 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. 151 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 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 Cafe. 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 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 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 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. Respectf 1-., nth.ny P. P. e Jr. Esq. APP/Ig Enclosure(s) Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala, Leo Ochs, 4 EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE 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 Good morning 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 lmailto:MichaelBosi@colliergov.netj Sent:Tuesday, September 13, 2016 10:36 AM To:Anthony Pires<APires@wpl-legal.com> Cc:AshtonHeidi<HeidiAshtonCc 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 - PL,20160002324 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 - ('its View Portal Sincerely, mike From: Anthony Pires [mailto:APires,aAwpi-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? Thanks Tony From: BosiMichael [mailto:MichaelBosi[u colliergov.net] Sent: Friday, September 02, 2016 2:15 PM To:Anthony Pires<APires(caawpl-Iegal.com> Cc:Ashton Heidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(P1-15-1992)-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-legal,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:michaelossorioPcolliergov.net] Sent: Monday,August 29, 2016 3:34 PM To:Anthony Pires<APires(awpi-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 [maiito:APires awol-leaal.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:michaelossorio(acolliergov.ne.t] 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 he reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailto:APires@wpl-legal.corri] 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 @ wpl-legal.com Firm Website:www.wpl-ledal.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 nctified 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 EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE ••••o Verizon 3G ,...: 8:04 AM 58%Eli beachboxcafe.com X [1 L--„,-. Naples Daily News News Press National Hurricane Center Declaration of Independence - Text Transcript ••• p - - - 4 li i 1! 1 I 1 i 4 li 0A ' i I; ii I - ' I' l,. 1144 E A al B 11 Y , , H . . t.4. LocsaLi.okt I AbottE SusEcki.frxo,bili.E.) ) Covi.Ead .„„ Caletkokar -- 239-301- 09$o ....,41.a. . „ / ..,7 , s i;r:r1,(1.: cij \\' n ITCrosTnhd:otsys /' It. \ , "a \\N\ DieaCh Box i-':. , ...." r,-,.... ....• 10, ' \ 4\ C taY \ ' ,7 / -,'"•,..' NIII-t41 \ Air / oin Our Mailing Lis :- 1 , Email Address '- ...: Subscribe . .. Like Lis CIFolEhl „,,, ..„.,. 4!..::-'-'7-'''calLIAL"r'”' , AUGUST 1 •-.i..‘-',N4446 - , •_ -4... MIC r......: . . , •,.. N:11, WU ki.X.0 VIM 'II 2M NIGHT Georoia 1,.., - MIEIEMIll'i'-'i cat-)toct U‘C" Cla, Cour'. :1.4• ..-,...=. —.. . ..t. --........-.'" _ n CIE11111111E" , - .._. '. 1.111111E11" : 1T ,--- 11.160...k.f...±Clun, In il s beachboxcafe.com GOTV PARTY with Georgia! .. AT THE BEACH BOX CAFE with D.J.Ceron! Thursd Augu .4thh 15 RM. .kms Georgia • m. Fes, Hiller Clerk:-, Courts40 ' I X • ° 2 w\ / . ) / Filli > \ E \ k 6 « ./ \ \H . \ yy \ \ \ : ^ \ yd \ lu \ w ». gig : ® 0 '0 «w : 2 . c } ` % \ A ( 0 ' \ 2 0 < \ \ - \ y { aii \ Clit u 9 : 7 E 3 ® � too \ / \ _ / / / I k 3ti) � i _ a . 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See More Vote Georgia Hiller for Clerk ABOUT et �e Vote Home 106..!- + ,•- Politi 4 �.- by G About r 201E Photos _ , , . tgt°. . . f:'!'. Events \ 3'r Clerl er = Collir LikesReps ,, ./, Videos Georgia la http. mak„ Posts :...s Create a Page Like Comment Share PHOTOS Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- _ this. Georgia Ilillcr ' Vote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! iii Vote Georgia Hiller for Clerk Thank vni I to Cnllinr inn(`lith 4- rncrnnc Italian rafa R, Oi77oria fnr an See more of Vote Georgia Hiller for Clerk by logging into Facebook Sign Up Log In f ( § 2 $\ . / \ ,oaf / : # , / : y . r § (§ : : . ~ : gIf 2 . § § , ,\\ \ } \ ! _ « { k . 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FLORIDA DEPARTMENT OF STATE =/ 4 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 Coovnpni C and gyyACy Pnlrwq State of c or.da,Department 0r State I of 3 9/27/2016 2:14 PM Detail by Entity Name htip_//search.sunbiz.org/lnyuiry/CorporatumSearch/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 2 of 3 9/27/2016 2:14 PM Exhibit "D" BosiMichael From: Gary Brecka[gary.brecka@beachboxcafe.comj Sent: Wednesday,April 13, 2016 3:32 PM To: NickCasalanquida@coliiergov.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 Supported: 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 Cafe has had scarcely 24 hrs to respond since yesterdays hearing but the outcry and response to this assault on the county's decision has been overwhelming. Essentially,the loud vocal outcry of few,pretending to speak for many. 1. Letter from Mari Vesci/John R Woods (tenant in same building) requesting the county to leave the decision alone 2. Letter from Patrick Dearborn (local resident,John R Woods board member) requesting the county to leave the decision alone 3. Letter from Dan Clark(local resident of SouthBay Drive) requesting the county to leave the decision alone 4. Letter from Scott Quinn/Quinn Boards (former local business) requesting the county to leave the decision alone 5. Survey/Petition of 24 (so far, we will continue until we have over 100, or more if needed)visitors to Beach Box 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 Café. 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 beachboxcondos j ABOU 1 US Page 1 of 1 Acout Us ,I/Jeei Garr Br'eCka Ralph Cioffi. owners of Beach Bot'Cafe € i & Beach Box .j `' tr } S i tttl 1 tt Condos 2 i , 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 l 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-hack live music and the beach. That little vision giew and grew until we took over the the building that we put the restaurant in and decided that it was time to take it from it's 1982 roots into a beautiful 4 unit coastal-style Beach front bed and breakfast.We renovated the 4 units and left not a single stone unturned....we replaced,floors.appliances,kitchens,windows,doors.every shred of furniture...the works! This is like home to usIt'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 l think you too will fall in love with the Beach Box family....see you soon! Gary Brecka&Ralph Cioffi E 12 http://www.beachboxcondos.com/about-us 9/23/2016 rs„rtsFter DEARBORN• F-- April "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 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 area,and during spring break weeks, at the height of our season and the most beautiful weather in months,the crowding is due simply to the attraction of our beautiful beaches and their amenities. Beach Box 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. 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 Lmmokalee Rd. Suite 300,Naples,FL 34110 lith'4 int b?;,, 1$ Sim ..c ,'.'41„s : a • ' fillr. . . .,,- : , ,,,,- - .. f:' .,,,,,,,' _ * * - "i=,',.;4. r't= r = )s l4.= i . . f { Y Yy -' P ti 5 ^ _ dii , �, tea ' � > _ V ,fi.a n.' . . 4 k y . 6. ` ..«” " f , • •.-.....• '- '2.-r..---3,...i , . , 's1:,!..-:4;,1:11111:=.-tri, . — s- r , 1pr , ..,, -,c .a ai t a__a� ,.d:.; , E'f i 1 1 i lit !4. A 51 S , t . — L. x hid`" o ,' ;C.ti.f. !. f ; ® ',......-:•. t. • r■iD'-444„ i. 11 ti 1'; - . - EliLl 0 „: �. ., "; - lt ,y• r . Y ,a7 6 t } w ..„ vfj"T- 1 ',, ,k' ,t • • # ... , ..k y� + an i • • .. ••••4: 4"...-:,....i " -,,ft , f iihstio , _ . ...i r• •r-- " . , _ 11 fit' " ''; wx: y -,a liillcr 1 1 � f • Ly • I • • i -• h . r . • • • • 2 . EXHIBIT "C" TO REQUEST FOR CHANGE OF HEARING DATE olrif,j.gov et Report Title: Code Case Details 9/7/2016 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 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 j 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 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 ICE 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 i 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'1 to assist them in this endeavour. He said that I 3 more permits will be submitted soon. Continuing to monitor.JH48 Business Management& Budget Office 2 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(PRB020150724792, 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 IRe-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 1 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 1 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 Management& Budget Office 3 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 4121/2016 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. 'Re-Inspection JonHoagboon 5/11/2016 5/11/2016 Non- Summary:Ray BeIllows 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 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-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 (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 j 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 (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/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 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 I, 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 Ind Business Management & Budget Office 5 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 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 @ wpl-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. r� Co ler 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 1 81n 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 rte-. I 2800 North Horseshoe Drive•Naples.FL 34104•239-252-2400•www colliergov net the City of Fort Myers Beach. cannot be applied to the Vanderbilt Beach area, due to the 375 parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code of Ordinances. The basis of the APR application cannot he 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-fbotages 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 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: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 vrpi-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 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 apires@wpl-lecial.com i` Firm Website: www.wpl-lecial.com This transmittal and/or attachments may be a confidential attorney-aient 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 immediate /by reply or by telephone (call us at 239-649-6555) and immediately delete -his message and all its attachments. 2 Complaint Status-CityView Portal Page 1 of 2 GN/D Public Portal Complaint Status _ Complaint Information -- - a ,.._. , _ales.,Lsr:•rea r`t':.�.,.:.I, . ... tacit cpetr D,,.e Prim .• 4. .. :4'449 2444.4 tocaus:�.i. 7912Z440003 ,t' t_rif Si etre cr4 Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection Not;ampltart '2C:?:riS Re-Inspection Re-Inspection Non i.'rm.l,a`S 9 2 2,Stic '6 6-. .._:# Re-Inspection 'ton-Cjmcfir-;t -::12.�iS Re-Inspection 'ion C>matla,t 4252 n16 i 4,. ,;;;;< Re-Inspection %on{.,,;y,1r4r 1'?2'20Cc Re-Inspection 4.4::11:c .... 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Initial Inspector ,cat,<,s‘ ^,r EXHIBIT c http://cvportal.col liergov.net'CityV iewWebiCodeEnforcement/StatusRe ference?referenceN... 8/7/2016 Complaint Status- CityView Portal Page 2 of 2 ttz; L tty,t1 -4 ;II) • V`trt 74-tett ft, •It. c'ettt 4: 15 ,t t ' e MD .1",F t3t1,-ts s!eo IC go Bled ;+' ar '0,.'eC Stc -t n.an anl e,ret tSe , Sel.ts0r,IX 02:2 E ,! 6,0f r•r'tql ab)svatit Js#s 2;:',4 23 t 2 Re-Inspection d' j C 2016 lutp://cyportal.colliergov.net/CityVieNvWeb/CodeEnforcement/StatusReference?referenceN... 8/7/2015 aq x r ` r] x ' { • • & . - I •� " { �� r..41..-s,t,;., -,-,-;;,. tit- +� :1 w_- t :4-4 h mss p� , ,.:,',,. ..1',,'t ' lir: . . , h a t - - . I - ri r J' if . `; p ti‘ lc 'kit:, ,rte. • r ( �� :,„::1;41:7, •' �� i. f F �'., + 1t - 1 �`_'� r fn• r }y7Y 7 (`�✓ ,, • } rl` :A .- T t7, 0 • re ' c i51 K J _ Orly.. .b N may '.T P.- ....Nr .asp 1 ' . + -r.i f• F -,• „ , _. I — . iii, ' Ili 1411 :. i; 1 + w� ti ' . , -., 1,C,,, ✓; r ..ry ',,...-..,.,�. F�**°n`*'''":''JF _ "M .ate i / �i(i r•�.� 1101,-r "♦ + rr it r r,... -' , q 4' — 17, ''•* .., , i''''4 4' . r. • .. . '! J • _ - , o- • it EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE 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: WrightJeff 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)252-5066 (direct) Begin forwarded message: Frorn: "WrightJeff'<JeffWright@colliergov.net> To: "Vanderbiltbeach54@vahoo.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 239-252-5066 2 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; AuclairCiaudine; 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 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:"Wrightleff" <JeffWright@colliergov.net> To: "Vanderbiltbeach54(ayahoo.com" <Vanderbiltbeach54(Wyahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VERA 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 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 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; Wright]eff; 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 2 239-252-5066 Barb From:"WrightJeff" <1effWright@colliergov.net> To:"Vanderbiltbeach54Cayahoo.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.El 3 Anthony Pires From: Hoagboonlon 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 Fax: 239-252-2343 Anthony Pires From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hitler/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 ColhyHazewinkelPcolliergov.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<ColbvHazewinkelna colliergov.net> Cc:WilkisonDavid <DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclairPcolliergov.net>, OchsLeo <LeoOchsPcolliergov.net>, FrenchJames <iamesfrench@colliergov.net>, LetourneauJeffrey<JeffreyLetourneauPcolliergov.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; MarcellaJeanne; AuclairClaudine; OchsLeo; French3ames; LetourneauJeffrey; 1 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; FrenchJames; Letourneau)effrey; 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; OssorioMichaei 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 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: RN: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager 01 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; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 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) fora 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; WrighJeff; 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%%ith their SIP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794,PRBD20150724795,and PRBD201.50724797). 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; AuclairCiaudine; 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 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; Wright]eff; 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 ightPc olliergo v.net> To: "Vande rbiltbea ch54@ vahoo.c om" <Vande rbiltbea ch54P yahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VBRA D i recto r. Dear Ms, Bamme '— Please see attache d,and feel free to contact me if you need anythin g else. T hank you, 7 Jeff Jeff Wright Directo r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 Hi t ' ' t 8 Anthony Pires From: ScavoneMichelle Sent: Monday,August 29, 2016 11:25 AM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcellaleanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneauleffrey; 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; Marcellaleanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneauleffrey; 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; Marcellaleanne; AuclairClaudine; OchsLeo; FrenchJames; 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; Letourneauieffrey; 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 cafe 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: ScavoneMichefe 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 Hitler/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; Frenchiarnes; 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: a 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. I 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; Letourneau3effrey; 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,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 Letournean, 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 (PRI-1V20151031301),and filed an SIP (PRBD201 50930039) fora 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 II From: ScavoneMichelle Sent:Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; Wilkison0avid; 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, 239-26 t- 4744) to assist them with their SIP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD2O150724792, PRBD20150724794, PRBD20150724795,and PR13D2O150724797). 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 GMl) Code Enforcement Division Michelle Scavone GM I), Operations Coordinator Sent: Monday,July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wright)eff; 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 GM D, Code Enforcement Division Michelle Scavone GM D, 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 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; Wrightieff; 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 5 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" <JeffWright@colliergov., net> To: "Vanderbiltbeach54@y 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 • • Linr FV..iiza Law.e-maii addresses sre pubic if V.71; n ;ant your e-mail sdciress :aleasediniesponse to a pubic rererds i'equest.,d( Icst sei,d electronic mail to This entity insiead,contact telephone o; in writing. • • 7 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 ColbyHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.nety 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 <M ichaelLevy@colliergov.net> Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jell 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 18,h, 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; Frenchlames; Letourneau)effrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: RN: 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; HazewinkeiColby Cc: WilkisonDavid; Marcelialeanne; 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; Frenchlames; 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 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 thr 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; Letourneau)effrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hitler/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 11/18/1.5 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 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 1.>e extended with a passed inspection. They have also applied for an HVAC Permit (PRHV20151031301),and filed an SIP (PRB)20150930039) for a parking reduction. Code Enforcement cases remain open and staff will ,,ontinue to monitor the permits. On behalf of left 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 Marches(Respondent, 630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies, 239-2614744) 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 GM Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wright]eff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Guif 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 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; 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 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 ight(acc olliergo v.net> To: "Vande rbiltbea ch54@ yahoo.c am" <Vande ' rbiltbea ch54(a yahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VBRA Directo r. Dear Ms. Bamme Please see attache d, and feel free to contact me if you need anythin g else. T hank you, 7 Jeff Jeff Wright Directo r Collier County Code Enforce ment Division Growth Ma nag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 (qolGr a•lcire $es are jLw r& 1 yoL:d riot%yam e-rnail ,addrel,s feleesed rr:spofta• a publk.records 1PlueL nc,1 semi eien.tiorm rroii Ink II ri1tt :rstanact. oifica i:y 8 1 ATTACHMENT _3 TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE PAMI WOODWARD, P I RES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Board Cere6rd:Rol Ernie MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL B ICCr 6Re2IEtm Board of County Commissioners ANTHONYP.PIREs,JR. Collier County, Florida Bim.dC1c*cr>unt; 0/0 Michael Bosi, AICP and[.oral Grnemmenr 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Certified:M1u;d p Na les Florida 34104 Ba d and Family Law Re: OCTOBER 11, 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CATH RINE A.HUNTER It 1L(Iaxi6on) APPEAL PL20160001347the "Residents' Appeal")ppeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFER L DEVRIES PL20150001922; Beach Box Cafe, 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 ul 3 3200 TAMtAMI TRAIL N. 1 SUITE 200 NAPLES.FL 34103 239-649-6555 239-649-7342 FAX 606 BALD EAGLE DRIVE 4‘/IF SUITE 500 •fit o Pr'. Psi 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/Encs.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, Jr. 1 ATTACHMENT e TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE Anthony Pires From: Brian 0. 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. 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/Boca 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 0. 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 0. 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, M ike Mike Bosi,AICP, Planning and Zoning Director 239-252-6819 -Office 239-784-7461 -Cell 239-252-2806 - Fax From: Anthony Pires [mailto:APires@a 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-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-marl addresses are public records.it you do not want your e-mail ad(ress released in response to a public records request,do not send electronic marl to this entity Instead contact this office by telephone or.n rroriitny 2 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 hey 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 ATTACHMENT TO OBJECTION TO ITEM 10.0 REQUEST FOR CHANGE OF HEARING DATE Collier County, FL Code of-Ordinances Page 1 of 2 DIVISION 4. PUBLIC PARKS AND BEACH ACCESS PARKING Sec. 130-76. -Title. This division shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance". (Ord. No. 2010-29, § 1) Sec. 130-77. • Purpose and intent. The purpose of this division is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. (Ord. No. 2010-29, § 2) Sec. 130-78. -Applicability. This division shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. (Ord. No. 2010-29, §3) Sec. 130-79. - Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking"who is not utilizing a public park or beach during the hours from dawn to dusk. (Ord. No.2010-29, §4) Sec. 130-80. - Designation of public parks and beach access parking by resolution. (a) The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this division in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this division. (b) Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. (c) Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. (d) The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. (Ord. No. 2010-29, § 5) Sec. 130-81. - Penalty for violations. about:blank 6/15/2016 Collier County, FL Code of Ordinances Page 2 of 2 Pursuant to F.S. § 318.14, any person cited for a violation of the ordinance from which this division derives shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars($30.00).The distribution of fines and provisions for late payment penalties shall be in accordance with Secti n 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 (fi ti ORDINANCE NO. 2010- 29 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS (31J; y -/\leoeszsz►-ti I LLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS '' BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF `'f,;"' 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.; 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 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 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,BIXOCK, CLERK COLLIER COUNTY, FLORIDA 1 .• g -)t-t-alL (A)- By: t.�:1 , 1,...._< <s C , By: elt ;utZ Clerk FRED W. COYLE, CHAIRMAN timbreAtta4 II Approved it to form and l::al s .; iency: I fIli i` Jeffre T. . t1 atzkow Count A .. i ey 1 This ordinance filed with the ¢ yittary of tote's i „itt anndocknowled9 m . hat fi!' f 1- „it... day :ylk,_.. - Page 4 of 4 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 az�t . der k. Ex-officio' to 'goard"bf County Commias.ibgers:: n By: Ann Jennejohn, Deputy Clerk 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 (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. ATTEk . r., �►�•, BOARD OF COUNTY COMMISSIONERS .a ?� COLLIER COUNTY, FLORIDA y: . ! tyt � � W. • By: sst j�,U trffi8eNty Clerk FRED W. COYLE, CHA AN I ' �r1�► Lwly+� Appro -d as to form and legal s Vol y: r .4111 Now Jeffrey •r I. �•kow County • o d y Page 2 of 2 ATTACHMENT E TO OBJECTION TO ITEM 10.0 REQUEST FOR CHANGE OF HEARING DATE Agenda Item No. 17G 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: (1) Any and all Collier County beach park fiicilities 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 INIPACT: 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 are legally sufficient for Board action. - JAK 1 Agenda Item No, 17G 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 bv: Barry Williams, Director, Parks and Recreation Department 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 acopt 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: 727/2010 9:00:00 AM Prepared By Tona Nelson Administrative Assistant,Senior Date Public Services Division Parks&Recreation 7/212010 9:44:24 AM Approved Ely Jeff Klatzkow County Attorney Date 7114.'2010 3:44 PM Approved By Marla Ramsey Administrator-Public Services Date Public Services Division Public Services Division 7114'2010 4:34 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Acmin. 7114.'20'0 4-42 PM Approved By Earry Williams Director-Parks&Recreation Date Public Services Division Parks&Recreation 7115.++2010 8:13 AM Approved By OMB Coordinator Date County Manager's Office Office of Maraoement&Bucoet 7115:2010 10:15 AM Approved By Sherry Pryor Management/Budget Analyst,Senior Date Office of Management& Budget Office of Management&Budget 7/15/2010 12:40 PM Approved By Leo E.. Ochs,Jr. County Manager Date County Maraaers Office County Managers Office 711$!20/04.22 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 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 , 20I0. 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: i „„triyi iiiip.5 a Jeffr t • . «tzkow Count Attl ley Page 2of2 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.� 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 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. 17G July 27, 2010 Page 9 of 10 I 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 ga s ffiency: li...jig kli Jeffre'1 . ;.tzkow Count L• • ey Page 4 of 4 Agenda Item No. 17G July 27, 2010 Page 10 of 10 .ct A 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 COLLIERCOUN- 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 UMITATIONS 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: Ail 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 de 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 grapnic 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. f you are a person with disability who neeos 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- rrent, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 2528380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA FRED COYLE,CHAIRMAN DWIGH'E.BROCK,CLERK By:Teresa Polaski,Deputy Clerk (SEAL) . June 6 2010 No1856223 ATTACHMENT TO OBJECTION TO ITEM 10.0 REQUEST FOR CHANGE OF HEARING DATE 3309371 OR: 3460 PG: 1484 RECORDED iD OOPICIAL RECORDS of COLLIIR CODATI, FL 12/10/200 at 11:22AN DRIGRT E. BROCI, CLERI RIC/1E 208,50 COPIES 46.00 Retn: CLRRI TO .- BOARD This Instrument Was Prepared By, IATERQttI I 4T1 FLOOR Record and Return To: 817 1240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 i IRESEEVED) 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 )414.2,4 , 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. -- t-V t }t On or about April 1 ' S2, Coral R3cfyttt'- Collier Properties, Inc. ("Grantor") executed and;dtlx eyed a Quit-Cla ffi-heed (the "Deed") by which Grantor conveyed to the/Coy(ity-the.parcel of land 'described in Exhibit "A" attached hereto ("Beach AGCeit te") ibe Deem was recorded in Official Records Book 966, page 18/6.4,.1 in.L4e P tic,fte orals of Collier County, Florida. Pursuant to t.1 e s(af -80Dp de peach Access Site was conveyed to and accepted,b t eCOungy}su ch to certain restrictions, :c� mta reservations and protects anmet • .-t1j;in the Deed, including without limitation the\ )strictions, reservations-`and protective covenants contained in the Declat ion of Restri,dtio's/a4id Protective Covenants attached to the Deed as,� ibit "A" theretp,,'(he "Declaration") , which Declaration was recorded` Official Record ,B'Sok 966, page 1866, in the Public Records of Collier Sdxtrityr._.EloziddK \ I//t- ; 1W' .. On April 19, 2002, the Coiiht-y f-i16d 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. 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,-" equivalent to that of the Ritz- Carlton Garage; however, i;r' .ea , sst. e maximum number of parking spaces exceed 350. Simul a, mti'sly with `th construction of the Parking Garage, the County shall-,!also, at its sole ,expense, construct and maintain a trellis-like st.r4-Ctuge._on ther_top level of the Parking Garage equal in quality and gimtlai'Th appearance to that of the trellis on the top level of the Ritz,-Cak Ga4ge.'` ,pc�0dr,nmencing any construction relating to the Parking a s ttie Cioi ty llsubmit to WCI, for WCI's approval, which approve spa oft ,be,'unre. s.nabjy withheld, all plans, including the design;,,j$ ap g-lane=ligh -i g,..fior the Parking Garage and trellis. Within` reasonable tim8 after' iiceipt of the County's proposed plans for the,Parking Garage, I shallreview said plans and shall notify the County h,writing of WC131,0groval or disapproval of said plans; if WCI disapproves, said plans, C 8 all notify the County of the reasons for such disappri6val and.sha}l\suggest revisions to the plans which may lead the plans to'befa4cdp$aisle-'to WCI. WCI may not withhold consent to any proposed design plans t 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 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 {Bon _ S.rgs,, Florida 34134 `1t h 98�82l3 t-/Telecopier: 239/(98=43277 With copy to: ` SYt" ns„ W aver, Miller, Weissler, Alhadeff ./ 1 4 1 tE sh 13 k,8dskn' treet ! t �tie 2 d0( r � - �-rF�ot�lda Attn: Lawrence T. Hafiin, Esq. L, Telephone: •*$33/22.34800 /, ',Telecopier: 81'/2 ,5089 In the case of the County: Coll ildr cLy Attn: Karla 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`" 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 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 1,224.4— i B /�'.� -ill Print Na e: Ct.I211 T bC ' is`y By- n.0" -- �- !int e: r, 5,(ea,"-- ATTEST•-I ( HTpB. 4R I C l)t.20 ~', ,COLIZBR�tOUNT�f, a political ) !s dil4ys''on.of the State of ^ ' `_-' '4oridaw ` .Nz.:% , ti.:t + Clerk ir AttettACV 1:101101111ttt.f '7' i _,-1-.-,0tENNING, Chairman signature'Only: , t r » _, is 18-03 Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: 1 App ved as to form 1 1 sufficiency As. County Attorney Ellen T. Chlyd ell r OR: 3460 PG: 1488 STATE OF FLORIDA Le COUNTY OF C•'9 £rR The 1foregoing instrument was acknowledged before me this 3 day of I}Oup,muA/}, 2003, by 6CC40 Q,. , as �:[1n- of WCI COMMUNITIES, INC., a Delaware co oration, on behalf of the corporation. •jiP/she is personally____ to me or has produced as identification. 'LL1 )-- CCX1,1, v Prited Name ( rgd1 S pGh Notary Public Serial Number (if any) : 02)((4163, My Commission Expires: (NOTARY SEAL) Ac. KAKNN4.G000H 47,10, Notary Public,State of Florida STATE OF FLORIDA 41 , My comm•°7 u AtercA 9,2007 Comm.No.00191638 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. x Co(,, jr Printed Name: / /f (7 -,NQary,.Pub1 C / Se.rial Number. (if� any) : i j1 )' 40 0-' }z Expires: 1,—,11k ---(-14 Y Ss'Aiz) I:\v-re\36190\005\Amd ReSCov•N,Ci g.doc �). ‘� 10/26/03 '� 1�.` -{�t ` .,.. ' • tr !i_ { k 1 1 MCI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 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 texas 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 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 co- orat!O . ' ‘ \------ AiitA : ':.>,-.-430 t Na ' e.ra.r i T LOCK-11 ' '� Pr n 'Q' 'iiigh' . itYL641elijOrigic / :7 -------.1-- ___\--- 7-7-.'. '\ ''' _ .. ATTEST. 00 s c, m.o ,ci e . !' • z, RR `.., cal . • s -d vi i inE -the `$t• - 'f� `� `� `' p ,,,1 -r- a f " Atilt at tIN;. t,a► s.74'`\a}' TOM tiENNING, Cta} /c> 1 . Ora Two Witnesses: H�O W 011,,C\Z1 nelaware limited __ liabiIi toflpa 4 i z.....---------- il Hy. Print m:� 11 �Sa— Pr nt Name= eARom Law its: • 4 i a (i QI1.nr-nZ'>U Print Nagf : FYYZYJi h Cyr ce ''I MGI LEGAL Fax:239-898-8277 Nov 18 2003 15:11 p.00, OR: 3460 PG: 1490 STATE OF FLORIDA COUNTY OF C9b501-BR 1 AK The foregoing instrument was acknowledged before me this 3 y of iksAf) LV' , 2003, by L']Pb P.., , as �.�;nr L58o�NCof WCI COMMUNITIES, INC., a Delaware co oration, on behalf of the corporation. J3E/ahe is eraonall to me or has produced as identification. Pri ted NAme ,S tCCA 1 Notary Public Serial Number (if any) : tt)RI(o,NfS_ My Commission Expires: (NOTARY SEAL) " KMD J.GOOCM 4ki Wary Pao.Saw et Maids i•cy , MCara- Arai 0,2007 STATE OF FLORIDA coati.r'°.00t?te9t COUNTY OF COLLIER The foregoing instryit was wknowledged befor me thisjr, day of �Q)tt/hbI►'Y, 2003, by (.,f QtQQ �IIWJ as V.L.e 1-r ltd_er)t- of HEC OP SEC LLC, a Delaware lieu. li Y,-�c' on behalf of the cony persona l tiro has produced He/she is �� . ,has , I , 7 •ries Na. . G.._�i It . . ...., f ,Notary • ,1 , , : .,... ,.,„Apo. . , :. c. `' `,.! NOTARY PUBLIC • ATE e F Rw ID caisokp�61j� u■co.-ttcioo2. s bj qac" ::*$ ti My CommittlOn R�i 1 06 OR: 3460 PG: 1491 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 approximate 5-acre parcel of proper " ch Access- ��. a quit claim deed("Deed")which was subject to a Declaration o#i'Re me inns-andPrQtectiye Cov*nant,s("Deed Restrictions"). A copy of the Deed and Deed Restri,Ctio '. ..1. - s + ."'1"A." . 2. On April 19, ..• - e t: .-. a. .: ittrbuit court in Collier County, Florida, styled Collier County uS.`W CI Communitieginci, C se Vo. 02-1562-CA ("Litigation") seeking: (1) a declaratory judgni 6iti$3.the Court...base 'oof allegations of the invalidity and unenforceability of the Deed Restrictions on the Beadh 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- • 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-of_zhe foregoing Recitals, the mutual promises contained in this Agreement,and othe;V6d-aridvaltiabk,6,q.e4ideration,the receipt and sufficiency of which are hereby conclusively acicgrouledged.the parties hereto\stipulate and agree as follows: 1. Recitals. The p•> - - ' iat)•v. • ‘alsare true and correct and are incorporated herein by this refe'rrnc 2. Amendment of\DplegRe,strictions. ThercuFity/fteweby agrees that it is bound by the Deed Restrictions which are thesul$3t�et the Litiga , .\ ai 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 approval will not be unreasonably withheld. The parties hereto \\1, (-'( acknowledge that the County Parking Gt*iwilrexceed flTebsl'ik np eea(square footage)of the Ritz-Carlton Garage,and nothing contained herein fhialbe-construed aslimitincthe building area of the County Parking / Garage to an area equivalent to`[hat!o i t er,the maximum number of parking spaces in the County Parking.44,1g1.- s all + v rixc- •./ -. 4. No Additional,Patking on Site. The jnty agre t iat there shall be no additional parking spaces (beyond the max Number of 350)evenycinstructed on the Beach Access Site, and that no additions to the County par- r/ laragalLe 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 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 he 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 the County-pw:king garage after Closing Time.Ritz-Carlton }y / shall pay to the County a usage fe 6110/car, or-a: t 300 per event, whichever is more. Under no circumstances will this jecex-ceed. 1000. The nuMber of special events for which the Ritz-Carlton may use the lar•' .1: 04 r: \shal' not exceed twenty-five per { calendar year. Ritz-Carlton s a, . .-.1 r. g the County's prior written C... . s, �h� consent for use of the County\,peking garage after Cl"Qng Trite shall be sent to: Marla Ramsey. > A '1 r Director of Parks and Recreati 'it�0. Santa B .,$dulevard, Naples, Florida, 34116. Simultaneously upon execution of this Agreement;-Rita 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- 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 Agreement~_ No alterations, changes, modifications or $ : ( .( l amendments shall be made to thisAgrc t,except i3r rr,,,and signed by WCI and the County. 10. Dismissal of Lift2att'iir�.'SiT3uousl)upon eeecu' on of this Agreement,WCI and tis_.=z. c the County shall execute and'file/. s to I s :` ' f, el ejudice of the pending Litigation in the form attached hereto as'L'>~`.•- .--II." t' , ' 11. Survival of Ter'~ .,*II terms,condition ;ights, ,bbligations set forth herein shall y survive execution of the Deed Restia*ts,_as amended;an"tjiedismissal of the Litigation. 12. Severability. Should any provision-ofihis 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: 3464 PG: 1496 WCI COMMUNITIES,INC., a Delaware corporation \\ By: �1 Name: ��' F • '- Its: 1__ A 1-1'LST: DWIGHT E. BROCK,Clerk BOARD OF COUNTY CONL IISSIONERS OF COLLIER COUNTY, FLORIDA By: ,Deputy Clerk _—TOM HENNLNG,Chairman / 77-4,7HMC OP BN LLC, a Delaware lzmiteW SSES: • liability company ( ( 1117Clk • j , r' lJ ",� T 17W .J.w1-1 Name:C4RAiett (,i YD By Name: Gr .t ! �Ytct-� `��f jF (~ly, Its: Li(' `_. THE RI Z-CARLTON HOTEL COMPANY, WITNESSES: L.L.C. Print Name: 1.-1zs R LS ,11-Z_;x1::: Print Name: By: // Nam . K eth R. Rehmann Its; xecutive Vice President & 'Chief Financial Officer -6- Appr ea as to f e9al sufficieety ;, ,;;taut County Attorney :11en To Chadwell n , ' is " G �1 ' • 007 kE' 32 in 1a F'AL; `. uE CD � � iv �' • CR POCK P f WIT-C.-CM DEED / / This quit-Claim i._ad, executed this lath day of April, 19E2. by ORAL RIME-' LL::n PRGPTIE.7, INC., a Florida corporation hereinafter referred to as 6'R.1CT R, to COLLIER COUNTY, a political subdivision of the State of Florida whose pastoffice address is Collier County Soverraent C-- lex, kapTes, Florida 33942 hereinafter referred to as n+2AKir : (Wherever used herein the terms "oRAK{TOR• and "GRANTEE' shall include singular and plural, heirs, legal representatives, and assicns of the • individuals, and the successors any asslons of corporations, wherever tht context so admits or requires.) WITl(ESSEId: That GRANTOR, as a gift and in fulfillrrt of its obligations under the Pelican Bay PUD Ordinance (Collier County Ordinar>~e No. 77-18. as area~ and the U.S. Army Corps of Enginee.rsf_ar it-_lKo. 79t-02V (November lE, 19E1), as o recorded in Official Records--3 a -,1.524 throuoh 1529, inclusive, •f the Public Recc os of Ccj33Ao _,i, da s hereby remise, release arJ Quit-clala unto GR.:KTcE/ \ right, tiiTe,:. it .. s`, claim and desran which ,AXTOR has in and y:i.` ��icllowirr describe 1s¢ iece or parcel of land, situate, lying arse beirAin the County of Collier, State of Florida, to-,wit: A portion of .i `` ` PSec. an 3}.2,';-o rtsh P d8"Sd:r h, Range 25'`\East Collier C-^:;:rty, , State c-` Flsrid' as xor$. ar.,Icular v described; on f Exh'.bit "A' Schedule "A% at(pf f "' -rad , ti Subject to: - f V <h.. L I) Taxes a'.r as . ent f 9 ' r bs __NI.-' years, - ' 2) Thatcetta,jrd 'D ARAT?i7lV'""CF 'R�5,`'ZICfl. NI. A, ;krr.T','-;;:1:' ClOY- 4!(-_ 3. — (`RESTRICTIONS!) 'attached hereto and ctve aa Part/hereof as Schedule 'A"A'. W_ - "...; ,R . 3.) The reser r, ht of o.At2TOR to ilzd 'cbrtair. fill activi•-as as On- (emitter 15,ed n I e'f ti Arov Corps of - ne f Peri t No. J_-02E2 Q } CI � \ 4Arco 4.) The reserved ri gnt,,ofl� r t ttdcs_ sect a one-hundred twenty (120) parking so ace facility, `in. J ! leer. of Pelican Bay PUD 0 d inar>ce Section 13.5(0.) (Collier County-Ord No. 77-15, as ame.ded), m'—' ounc including but not limited to such construction-related activities as site preparation, paving, drainage, curoing arx landscaping. v 5) An Easement reserved to GRANTOR and the PELICAN SAY TxovN; DISTRICT (P.B.I.D.), 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 of ingress and egress. GRANTOR or P.8.1.0. shall repair and/or replace any area which It may disturb, damage or destroy in the construction, operation or maintenance of said drainage str,ttures and water and sewer utilities. - 6.) An Easement reserved to GRANTOR and the PELICAN BAY DintovatEr DISTRICT (P,B.I.D.), its successors and assigns, for that parcel of Ian: as 'ore particularly described in Exhibit ''8•- to Schedule "A", attached hereto and made a part hereof, for the operation and maint.e"ance of-Water' . management 'purposes. .� AGENDAi t vi This tnstruaent prepared by: This document NO.L• — accepted by the BCl on a April 1' 1952. t , f � * E �! Peter D. Hecht fl11 M�e� s`~hr 5ve Pel'.=- 3ey Bird. BY: 7!./..;_-•,-:--‘,...__:,...., �u Naples, FL 23940 Y. Mag , � jr RECORDER'S MEMO: Legibility Y4-14 ;;S of writing, typing or printing Page 1 0' 3 3 unsatisfactory in this document when received. { of LZ. .2, ..; 000955 Gid I Ess OR ROOK FACE 0 • IF AT 'AKY'`TINE:THE PARCEL ErCRIBEJ It E."x.i.z:T A• I5 USED FOR OTHER TH .l' PiZLIC BEACH ft SS PURPOSES, TME PAROL SHALL AUTOMATICALLY REISP.T TO F?JtX"OP,.L TO HAVE Alto TO NLD T#iE SAME together with all and singular the • wpurten*nCas thereunto belonging or in anywise appertaining, and all the estate. right, title, interest, lien, equity and claim whatsoever of GRANTOR, either in law or equity, to the only proper use. benefit and behocf of GRANTEE - forever. • UE WITNEEcSS WHEREOF, CD RAL RIDGE-MLLIER. PROPERTIES, INC., a Florida ' corporation, has signed and sealed t} se presents tae day and year first above written- _ Signed, sealed and delivered .� -1 in the preseee of: GRAL R1D E-MLLIER P5T' .. � t� �,4 Ross P. Of) ey, Pres.Ceti -' \ J,';, .� Louis iiWoegstee, Asst.; : /4(7 ( �. SATE OF FLORIDA ' 011X''.' OF Coir.LIE: } S----\------....4--- • \ \ I HERESY C.ERTIF1 .•• o i" renLy-'\,an rifficer duly authorized, to the State leo sa d in t .un v a ' _staid Ito take acz.ncwledg ants, personally i mop a d OS IP.) 0 sideOt jcf Coral Ridge-Collier __ . Properties,`. •T e\., r}o b the r n klescrihed in ane rho enec-irted - the cregoing- irstr:..vent arc he 2._.�gpwleryye^ b! a that M' e�.ec.te.. ttie • sane- �1.� �` r WITNESS mij and official seal''•{k, "!•.er -Cau. v and State lest a`p�ee;G this 13th day l, 19.62- __M. •_ './ ` O tom. -% 000566 041868 OR BOOK PAGE DE LAP.ATION OF RESTRICTIONS AND PROTEC:YE COVENANTS FOR A PORTION OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA This Declaration of Restrictions and Protective Covenants made this 13th day of April, 1982, 4y CORAL RIDGE-COLLIER PROPERTIES, INC., a Florida corporation. • WITNESSETH . • 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 in ARTIC..E I of this Declaration, desires to create a quality-development with restrictions, covenants, servitudes, impositions, easements, charges and liens as hereinafter set forth for the preservation of the property, values of the OWNERS therein. NOW, THEREFORE, CORAL RIDGE-COLLIER PROPERTIES, INC. declares that PUELIC BEACH ACCESS SITE or arty portion thereof as described in ARTICLE I of this Declaration shall be held. r 3o conveyed and occ:pied subject to the restrictions, cows = � ',t*.ons, easements, charges and liens hereinafter set v. --`CJ4r The real Prof subject to this 'DVC: ' N OF RESTRICTIONS AND /77---------- PROTECTIVE IY CDYE TS`f that real property desc. bed n Exhibit 'A`. hereto and made/ pari e+_o , attached 7 $ 't- 1 NIG CD The fellow :?4,,,,+ CI # Dee o .ill have the f^ meanings. 1 •, "— ,y dliaring 7d I. 'PUBLIC 8 ACCESS SITE` sha le ap fer to a Portion of W Section 32, Town_ • South, Range 25 Ea Col j�,e.-' linty, rn nty, Florida. as core particularly des^. ..E _A :htbtt ', attache ''. and made a part hereof. o 2. 'DECLARANT" ' `end refer-r,,' ` .. ., RIDGE-COLLIER ?ROPE I , C INC., a Florida corpora ow in Collier Count Flori. en .s principal place of business rights under this Declaration. nd assigns off any or ell of its 3. 'OWNER' shall ©can and .e fer t .kro 4=.o every person or persons or entity or entities who are the record owner of a fee interest in PUBLIC EEAC: ACCESS SITE, their heirs, tuczessa Y, legal representatives or assigns. [_ N. ARTICLE II GENERAL RESTRICTIONS 1. USE RESTRICTIONS. • a.) PUBLIC BEACH AC..S5 SITE may only be used for the operation cf a _ public beach ac;ess site amid attendant facilities, irrdio�ing but not }*a,. �.... tett_ _ to such facilities as part! - ` j"j�,ti mem areas, dune walkovers. be*ch beach recreation, nature trails, equ �rt �. - • '� +CA sun shelters, restr9oms, and beach e i b.) That rtj'S' , R ''r'+ portion of PUBLIC BEACH ACCSS SITE as ser- p `'`• • 4 • described on Exhibit .'C'. attached hereto and made ahereof, sh plar}y Pa.. sh$4I be used for only passive reczsxtlonai purposes, including but.not limited ty dune, . - - walkovers, beach "sur. -shet> s . o._.-_ - .._restr000rs. ,and -'beech equipment ',sial�,e� Provided, however. public paa':ing shall not he'a emitted use In that potion kLzt_N ;A , .; cf PYLIC BEACH ACCESS SITE P � — ts more particularly described on Exhibit 'C NO. it RECORDERS MEMO: Legibilityi ,. i ..„1 . _ of writing, typing or printiilt S:HEDULE i unsatisfactory in this document °ape l - • when received. J =— . r-, . 1311.- w► .s Rv • ? .. - --- _ - ` - - 001 $ Qo 0013S ? OR BOOK F.:uE ) Po"buiidiag, structure, facility c . r other 1.provement snail be places' . • in PUBLIC HER=B A=+%�S SITE unlets and nntil de_iiarant has issued 1t: prim written aoorovel. Re food or drink con:assiocs shall be permittee witho;:t DE.CLARANT'S prior written approval. d.) Vehicular access to tho parking lot at PUBLIC BEACH ACCESS S:TE sled • not exceed a single tntrarce and exit from Vanderbilt Beach Road (S.R. No. S-862) without CEC ARANT'S prior written aapraval of a plan submitted by OWNER for additional axass. e.) All facilities, parting Into and transportation systems serving PUBLIC BEACH ACC SS SITE shall only be open and accessibleto the public during daylight hours and shell close within one (1) hour after sunset. All nighttime uses shall be prohibited by OWNSI excmt with the prior, written approval of DECLaAtiT. f.) OWNER shall provide water ma.-.agement areas for the PUBLIC BEACH AC+':3 SITE in at ordance with the requirements cf Pelican Bay Increveawnt District (P.5_i.D.). Surface water drainage and management, 1rcluding but not limited to store water storage capacity, conforms the overall water eana:eaen't require its of P.B.I.D. and W, with the app•-oval ofp 2. BUILDING 57 3= Like. S: .__CF BUILDING, SITE R ES7R-C`a+IONS AND BUILDING rCIB . ,7. ( ] min .' o' •bei-ldi�g a 's:r-ctures or ;aril ng areas shah a Tie j et y line and twenty (20) feet f-�e be forty (s0} '� the sautirerrt p the northern 'eats`ern property lines. \\, 1f1 r- f_i v- LIC BetIi ACCESS SI72 shall e-- 1000 b Nol�bui ng)�r ac F�� _-f a.,-.1}• � . square feet per/strrctur_. ,_.• � he q a e r, . 7 nattlached structures shall be i/ one-half 1!Z)1 , s•.={f `h it i .s)b ` 1rrss than, twenty (20) feet. f"' < wry k'nd shd'y =ems twenty (EC) feet in Xil d..) NP bull - r'iy � re) .t.� ... height aboyC`p.-+.s ed grade of the 5y e. I --1110 a - / L'.) 2. LANDSCnP l i p1 M. i_s G7 .. a_} ,.,1 �9e�on In °�U° I'- cE' fi> �� S ;E shall be left i^ • native state. 1r 4 whenrnraval cf,- v etation is necessary, a pian ,b for such remora • fy ' 01__„.shac `e- S W\.,en to OECLAWI rcr its prier, 4-1 written approval. �Il i. ( '1.‘,,,.‘.� - a b.) All reasonable efforts-snail be taken to retain the native vegetationtort in areas surrounding all structures, walkways, facilities or parer areas O pl=ed in PUBLIC BEACH AC.' S5 SITE. However, in those areas, other than paved a aress, where the native vegetation 1s removed, OWNER shall r-rlac_ and - maintain such areas as landscaped areas. All landscaping shall, as closely as possible, approximate the native vegetation in the surrounding arta. All - landscaping shall be accomplished in accordarce with a pian acprovec by DECLARANT. • c.) Prior to making ary change, var'a_'.an or deviation fro the improved a Gaster landscape plan, OWNER shall fi-st obtain DECLARANT'S written aoprovai cf the change, variation or deviation. 4. VANDErTBILT BEA'..ri ROAD RIur{T-0F-HAY a. As required by Section 13.3(C) c-f the Pei Tuan lay PUD Ordinance, the _...,—,..-..--r- '— northern seventeen and one-half (17-lIZ) feet of PUBLIC BEACH ACZE3S 5ITE i.4r ijj adjoining Vanderbilt Beach Road (S.R. No. S-862) snail be reserved as right-of-way for the possible, eventual four-lanIng of Vanderbilt Bea:n P.. ad''J• by Collier County. Upon demand by DEnm DECLARANT, earn dedicate r:the i v __ .y.. northern seventeen and one-half (17-112) feet .a the aoproprlate governments: i-,'''1; : agency as a public right-of-way. r+--- C. PARKING. 1i , ,,0 L DECLARANT shall develop a pow ion af PUBLIC BEACH :C _2S SITEProv ae a • EMO: Legibility h i ir. RECORDERS M -� . of writing, typing or printiuF _;.H..^ ` unsatisfactory in this document 'a� - • I ____ when received. . 000966 00186 OR BOOK PAGE a:imi:mar of one-hundred twenty (124) parting spaces for the purposes of public beach eeemss. GOER shall be reransible for the ever-atlen and maintenance of said parking spaces. There shall be no overnight parting permitted in PUBLIC - REAC71 ACC Se SITE. . 6. PLANS. SPECIFICATIONS AND LOCATIONS OF STRUCTURES. . a.) No structure or facility shall be cmaraer.:ed, erected, imoroved or altered, nor shall erpr grading, excavation, tree removal or change of exterior Calor or other war: which in any way alters the exterior appearance of any structure or facility be undertaken without the prior written approval of OE .ARANT. b.) OWNER shall, prier to the commencement 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, floor plans and exterior elevations; (i1) 'design proposals' which shall - include 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) 'constuction plans and specification' which shall be a true extension of the preliminary contest plans and design proposals. DECLARANT shall, in writing. after receipt of each required submittal, aoprrre. approve sa _.;o required changes, or pert such plans, proposals and seer2 }i' submitted to it as ' required above. Failure to obtain ilii^ .:.!Z.. .1-6(e, of all such plans, proposals and specific- cr to 1:: .- "E ent cf any censtrretlon shall be deed a " .t'e. . breach hereof and C shall then have the right, in addition t a her right permitted by aw o. in equity, to proceed in the courts •• c:. a atary injunctio re, firing any construction done without s is it rovar e\torn—t( d wn removed forthwith at OWNER'S expens . / �— , t _ ..) The approval, rejftti,l h ng f -. T y LLARA cr' the pians, prposzls a sp .If ns 1 io' zIi std� was, arm ever alteration cf a ,st, l ••t~ .strut 1... t•eted as O a representation or deters na" ,o DE a• i any •-' '.i eee{i7a biry, r::1 electrical code or other fT1 -.le governmental re atione or; trewirements • - have cr hare not been grope i t by the OWNER. Ori i, sh: '11 epons'1ble for cetalning all nec_essaryy'reap ical data and to pi mai n tc and `} obtain tee wprovai of Collie V.013 ty. Pelican Day Lop .411't" trig', and .. cr.. • L...7Cther--appropriate goverrme 1 ncles prior to came cf any work . O or construction. d.) DECLARANT shall have no d i ah .bfi)i1f.-� 11 abi 1 i t_y to any t� OWNER or to any othtr person whomsoevers _,.,.�,tt.-^tr(_the exercise cf its rights or the failure to exercise its rights. DECLARANT may reject plans. ......e. proposals and specifications based on any grounds or reason whatsoever, -e V-+ including purely aesthetic grounds. in its sale and absolute discretion. - O DECLARANiT'S decision to anpr•ove. reject or withhold its approval of such lurk *- ' C ' may, in the sole exerclsn of its discretion, be based epon: (1) the harmony - \ • of its exterior design, color and location in relation to, and its effect • coon, surrounding strueeures, vegetation, topography, and the overall community design. (ii) the character of the exterior materials, (iii) the planned quality of the exterior workmanship. (iv) DECLARAN(T'S design and - construction standards, (v) the General Development Plan, or (vi) arty other r material and relevant factors. e. 7. aTERIOR COLORS AND JIATERRIALS. Ro exterior colors or materials on any structure or facility shall he permitted that, in the sole judgment cf DECLARANT, would be inharmonious or - - discordant or incongruous with the Pelican Bay community or the PUBLIC BEACH AC:_S.S SITE. Any future exterior color or material changes desired by OWNER a` must be first approved by DECLARANT 1n writing. a. PETS. M^�TD.fr . ? No cats, dogs or other demestieeted animals shall be p raj" c "'•`i .the 0 _ PUBLIC BEACih ACCESS SITEE. I A�;EN d !j '.i i c3h 1Y-i�r I ; No._ >. RECORDER'S MEMO: Legibility r. . r , i 'MT y. i of writing, typing or printin _ -`� i ?..: : unsatisfactory in this document e;iE U i .. 3 o, : when received, _g. 1 — — — ." . eq ,rpt. '3 �4• D 0 0 9 6 8 CJI8c9 _ BOOK PAGE FACTORY Bui:S S ti :lUfa. ` • No structure or facility of any wird of what is caemonly '•sown as `factory built'. 'modular', or 'mobile hone' type construction shall be erected i PUBLIC BEX I ACC.-.:SS SITE. without the prior written permission of DEcLayni(T 10. WCtoaRcun UTIL.ITT LINA. All electric, teleehooe. gas and other utility lines east be Instal! undergound, unless prohibited by law. 11. AK•rEltnALS AND FLAGPOLE. • No outside antennas, antenna pales, antenna masts, electronic devices, ertennas towers or citizen band (CS) or amateur band (ham) antennas shall be permitted except as 1 • approved by DEGLJtRAKT tr. writing. A flagpole(s) for display of the flags) of the United States,of America, 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 location of the flagpole(s) must be first approved in writing by DEC ARAK . An approved flagpole shall net be used as an antenna. 12. TL!'JRARY AND AC=SSORY STRUCTURES. 1 No tents. trailer nagelt ..al vehicles (RY s) a- t cra. struttures shall bet ; *- • d_Ap• -ed, r ' ry unless their sit . .• "ei sett; cr ' PU ove Ba , =e and '� •cation it the PbaLI ACCESS SITE hay .. •een approved by C•E�• , writing. C 3E:,H I3_ OUTDOOR E961/lir' --T All garI ce trash or--, ._rs in PUBLIC BEk. AC'''.. .S SITE shall be placed and Mair'- • *,ka- it_ r •• n tontz'.ners or same other attractive ant a • d bto ' F pu cses of this section, exposed oil dr- or -uF ' , 'mi .: .tai all not be consicered an. CD attractive e.•, other such ltd• ?� bcttl asd Lra+rs, sGr;,.Y:lesprinklerp.^s and •5` *-.ace. ' Qh-41 ace.. in sight-screened. areas so tha '!rale, shall not be readil ' vi sib a, r-4BktTu;a landscaping shall be Installed sea these facilites and . •int-in Nay OWNER_ W ��.}} L at:. 14. AIR COttDIT 7� $. >_. -._ o All air candi''tjj (Di is shall be e•Ked .nd hidden so that they shall •-•b not be readily visa • Asti . units may be pe-fitted only C:'] upon the prior written }` . ' shallnot teen •4.. •y' window air __.._!:;ening units • be permit __-__ 15. SOLAR CDLLORS. t.n O N Solar collectors shall only be permitted at locations and on structures as are first approved in writing by OEL'.ARANT. l6. SIMS. • tto signs. freestanding or otherwise installed, shall be erected or 1 ' displayed in or on any land or structure, unless the placrosent, character, • form, size. lighting and time of placement of such sign be first approved in writing by DECLARANT. Ail sions acus: also conform with govermsenrtal caries and relations and ons awith any easter design plans for signs establisieJ by DE u _ 17. HALLS. FENCES. PAYING AND OTHER aiZn UC:URrS `V 0Y No walls, fences, sturtters, walks. boardwalks, docks • structures shall be constructed in PUBLIC BEACH ACCESS SiT`au�il� s hetii1 a w III" length, type. design, composition. materials and locations snail hive first ir been approved In writing by DECLARANT. Any dispute as to t` �^ neigh. ,�,-.,/.., - type, design, co.posiiion or malarial shall be resolved by DE' v decision shall be final. Hurricane and stars shutters snail not be st'artd^ael� ' •'�-+;.d---" the exterior of any structure. or faci l t ty. NO,_ _____(67 e _ RECORDERS MEMO: Legibility d ;lc,- ..r41 of writing, typing or "L. • ; Ctlkl i rintinv i Unsatisfactory in this document ,~ "JL_`'�_ n when receives, i ` .- ''' .-R.,w a.1T44,-,tom-. ..c. _ ,�. ,-__ _ r DR BOOK r"4Gc 18. LIGGHTING. • Ito exterior lighting of PUBLIC BEACH ACS SITE shall be permitted without DECL.ARANT'S prior written epprovel of a lighting plan submitted by • 19. MAIFT.XAi.CE OF PREMISS. No refuse or unsightly objects shall be allowed to be placed or suffered to .:gain in PUBLIC BEACH ACAS SITE. All structures and facilities in PUBLIC BEACH ACCESS SITE shall be kept in good, safe, clean, neat and attractive condition, and ell structures and facilities shall be maintained in a finished and attractive condition. 20. WATER MAKAGENEXT AREAS. a.) No structure of any kind shall be const.uct_ed or erected, nor shall OWNER in any way change, alter. impede. revise or otherwise interfere with the flaw and the volume of water, in any portion of any water management area reserved for, or intended by DECLARANT and the Pelican Bay Iecrovesent District (P.3.I.D.) to be reserved for drainage ways, siuiceways or for the • accumulation of runoff waters, as reflected In any plat or Instrient cf record without the specific written permission cf DECLARAK7 and P.3.1.0. b.) OWNER shall in no ray deny or prevent ingress and egress to such water management ares �ny or landscane purposes by DECLARANT, P.S.I.D., Pelican �1 £_} tion, Inc. or any aro:-cpriate cover:mental age tl ty i ire any right of ingress and egress, and easy Pelican are here she icaily reserved and created. ...t ' t.J Ptd .0 87 :i ACCESSSITE shall not inc eased in size, frsa within or outside P I. BEACH . r iT witho the prior written consent cf • DECLARANT P, .I.:` '. ae- ical y illtng n a y water or retention and drainage a _as .n .' �h it s 1 tin . 1 ..t fi\1 dike, rip-rap, block, divert or ha.-- a , s r'>. ..71"n len\and drainage areas teat II have been r a- c. to b e Yt J' -, v 70 . DEC grant, withhold orny�its i swig., or t,ar-rxi in any Instance rhe pera!z5i^- ^- ^. t e ' d or required t�`.o liability of p tore or kind to OWH •r tp dt srct any q '+er per5cn far any reason whatsoever. an emission or appr:ka ,S^an.p shall be binding ucan all o till . —" GI GENERAL PROVISIONS tee • O 1. RESERVED RI^oiITS. W a_) DECLARANT reserves the right to conduct certain fill activities as ., permitted in the U.S. Arty Corps of Engineers Permit No. 79K-0282 (November 18, 1981), as recorded In Official Records Book 966 . Page_ 1524 through 1v9. I inclusive, of the Public Records of Collier County, Florida_ t b.) DcCLARAMT reserves the right to construct a one-hundred twenty (120) parting space facility in Pt3LIC BEACH ACCESS SITE, in satisfaction 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 f site preparation, paving, drainage, c:trbimi and Iandscaoire-. c.) DECLARANT reserves an Easement for itself and for the PELICAN SAYI'NPRDYEIENT DISTRICT (P.S.I.D.). its successors and assigns, to construct; G-. 'f- ,SEM operate, maintain. repair,' replace or rebuild drainage structures and erate;,ir, (� t and serer utilities in. over, on andabove the property, with the riggtt ef`:»., i ingress and egress. GRANTOR or P.S.I.D. shall repair and/or replan: any area , which it a�ay disturb, damage or destroy in the construction, Ql , cperati or � ' eaintenance of said drainage structures anti water and sewer utilities: :Nc.tt''6/ /i RECORDER'S MEMO: Legibility =`H` '-I I D^ n. 1 a• •. Page 51 f• ' �- ' ,..6,i t l a i i. of writing, ty(�in>, or rrintins unsatisfactory in this document i when received. 1 - "" _1; '^f. .......... . _`.^' it.. - .k�::..-. � :,A.,,„,.,� .. Y 00095' 00187i _ OR BOOK PAGE 1111 d.) CS,i... reserves an Ees meat for itself and for the PELICAR BAY IXPROVE'IEXT DISTRICT (P.B.I.D.), its successors and assigns, far that parcel of land as more particularly described in E.hfbit''B", attached hereto and made a pars hereof, for the operation and Maintenance of water manaaeaert purposes.2. PERRITS OWNER shall cooperate and assist DE:iARANT. including becacing a joint applicant. in any permit application tc any governmental bodies for the - purposes of facilitating public beach access. 3. A!'.EIQ TENT. • DECLARANT may. in is sale dim retion, modify, amend, waive or add to this • Declaration or arty part thereof. The power of asener.t, however, shall be limited to modification or enlargement of existing covenants which shall not substantially i=pair the general and uniforr plan of development originally set forth herein. C. WAIVER. Any waiver by DECLARANT of an Ts•-y.cab;r'� his Declaration or breach hereof oust be in writing and s des T••:&t: 4 #re ons:roed as a waiver of aro other provision or sobse• .. ;------„ Ai-e, AC . 5. DECLARATION RL'KS WITH \\ The cevena.nts, co .tic rest. c a • t. .cher p .vis, ns under this Declaration shall ran 'th he ` rt .d b` the p •ey th. PUBLIC SE1.: ACCESS SITE it is D. - ' anted .y .ti., ,_ t T-otec: the natural sou • conserve and S SITE for the benefit of t. •reg-nt^ c _ u a ,�.n w •f'�,LIc ral proACCperty al property encumbered herein. e • ese cf is rarati a teed and it is DECL:RANT'S intent in r - i - . %se, O perpetual. - t ^laxation be I 1 - 6. RIGHT OF FIRST REFI... • u C.....)1 If at any ti=e OWNER • fer to sell, lease. texchangeO� ot'.erwise Conve an .ice•. ?r•an �' r., peror e� Y .,. .IG _AF,C}i .ACC= ♦+ ii or arty portio thereof, to any person or , • NER sh -. 'tS• ctify DEZLA At(i in ',z, writing of the proposed trans icgC AD A %hricht; ave the within sixty (60) days to accept the :e 4oflh_ p . . transaction in its own nage for the gross purchase price a • the terms specified in said t--+ transaction. If DECLARANT shall not so elect within the said period, D1t`IE; C.-1-1 =Ay then sell or convey PUBLIC BEACH ACCESS SITE to buyer, provided the said O transaction is on the same teras and conditions and for the price set forth in .4c=. the proposed transaction sent to DEC..4RAWT_ 7. LaaISLA:ID!(_ / OWXER shall not apply for dredge or fill permits in PUBLIC BEACH ACCESS — SITE from any governmental 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 _s Florida. without the prior written consent of DECLARANT. which consent may be withheld in the sole and absolute discretion a' DE .ARANT. 8. EftORCI)1ENT AILD ASSI611 s'T. a.) DECLARANT reserves unto itself the rig;:, and the power, (I) to enforce the covenants. conditions, restrictions, and other provisions of this Declaration, and 01) to delegate or assign. either exclusively or • • rxn-excluSivelyy, any or all cf its rights, powers. duties or privileges to art. person or entity. DECLARANT shall be under no obligation to delegate or U"ITEM assign any of its rights. powers, duties and privileges contained in this _... • Declaration to any person or entity. b.) DFCLARANi :hall have the right and power to 'x i covenants. conditions. restrictions and other e % i0 . pros irxosp`d by this : RECORDER'S Nil M0: Lri ibility jj`` SCHE - it-" ` ar� rsEa � ' writing, typin, or printing Dc: _.� i 1 ... ctory in this document Page a of 7. . received. v ,1:;:,,,,,75,r1,:. -vm.... a`¢: it w.+r crit;. Jr,r '-t • tett -,ie rw A ;i' ti,, o ' - O1 COGA PAGE -: Oetiiaration by any proceeding et law or in equity acalns; any person violating or attesapting to violate any such provisions, to restrain .nv violation or attamoted violation of such provision:, to require specific performance of such provisions, to river damages for violations of such provisions. Failure by DECLARANT to enforce anY of such provisions shall in no event be demised a waiver of :heir right to do so thereafter. 4_ SEEYEUBILiT!. If any section, subsection, sentence, clause, phrase or portion of this o ' Declaration Et- is,:for any reason, held invalid or unconstitutional by any court c sdictcr., such portion ion shall be deed a separate, distinct anportid on tendertereoprovision and shall not affect the validity of the rmainirrj IX WrnLE3s WHEREOF, CORAL RIDGE-COLLIER PROPERTIES, INC., a Florida corporation, does hereby execute this DECLARATION OF RE3 RJCTIt'WS AND PROTECTIVE COVENANTS in its name by Its undersigned, authorized officers and affixes its corporate seal hereto, the day and year first above written. WITNESS: CORAL R_+w . .. _. � r�0 T-{', _ .R- 'Oi: fuze 1 - is, .. fft i` 1 Y, res ,. .s: t'.r1t.nl r1 �. 1 i tI LoL'S K. - _.Led, Ass's,, ` STATE OF FLORIDA ) MONTT OF COLLIER ) `1�' Ttr� foregoing ins int as a • • .ed b1Vr x his %sril. �`rs2, by Re$yr_ •. -Y " 13t t day of INC., a Florida .e: C✓: . 6- =I? "PERT.-' • - C- corP4oa ion, on behalf of the'- mora fon .*. �y �! t.A. t ,� 61221.j - • .. :' G"y - „{f -Dices: ,L,. • :)i -----V, - ;A 'TS 4 lit. _ tyc;+k;r n::K fie:cRDI % .;} / PO.CC-W.0310N arigeS4CX 7::MS • iOtit'w DOW Chau:fhb-:1r0[tW1::US F.a CJ, CJ7 =�3?i iTzivi P .iL'Y 1 ...._ 1 pr i No. l DEC 1 s � ; - RECORDERS MEMO: Legibility �, i of writing, typing or printirik ``•"'��L"-= - t 'age ' o'`? unsatisfactory in this document Y' when received. ----- _ • _a ,.- — - -r`- -.1 DR BCD A.3c • * . . All that part of Section 32. Township 48 South, Range Z5 East, Collier County, Florida. being described as follows; Conacing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Morita; ty'r.c+ along the east line of said tion 32. ?forth 090-38'-50` hest 3437.36 feet to to southri :a •.t.ine of State Road 5-862 (Yarderbilt Beach Road)- U \ `.beau along said right-of �J north- :,• : rest 1133.38 feet to t.`ne POINT OF BEga"IrING of kW: el herein descri• • —ther=e South 90-51' •C ` ^ ►' feet; s thence •'forth 80 s8'-.. •e e 7 , •. to t• S to of Florida Departaent of Kat ral Resource Co .i Cor. .ructio Co trol Line ( r revised map of re ore •, - .., ', • y unt Florida); K thence continue .rth :. • ,�fe. , _ o les to the ?Sean High Water Line • t iy f of I thence northwest .l o ,• ,ter L 24 t w to a point on a'. _ art or less Q (Yanderbi1t Beach •Pat ; tJ • - to Road S-ec2 there along said tgb -of-way line South �-O8' 2C' £3•t200 feet more or less to the s i ,lorida Department z lSa `R sources Coastal W Construction Control /r , ' r .1=* Cs1 thence continue along •trtherly richt-of-;ray n'?-"' f said Stair Raac S-862, South 800-08'-2• r. :10_00 feet to of Be inns o. the parcel herein descri• •_ - __-------,V) g ` "V! subject to easements and restriction . r -- _ . ts1 ,C:::. • C3"t • • A 1-1,7.! PJ© F NO. k: I NOV . e" k e Pg1 • flENDMTEM1No,________121 , I RrCOkU112'S MEMO: Legibility .h.s., I DEC _ i L- co; I. of writing, tYnrnrp"nriny j L :P,Qe , Qf unsatisfactory indocument ; when received, OR BOOK P.R,G; L_&AL DZS 1PTIO • : f .- if All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; Commencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; ` theme along the east line of said Section 32, North 00c-38'-50" West - ' 3437.06 feet to the southerly right-of-+wry line of State Road 5-852 (Vanderbilt Beach head); 1 thence along said right-of-way line North 800-08'-20' Vest 1571.11 feet to i. the POINT OF BESINNING of the easement hc.tin described; thence South 030-5i'-38' £a !.' *; t thence South -l9'-4 " .: � (I \ thence South 040-Z9'-5' 'a .90 feet; ` •. thence South 130-18' . 16.92 feet; r thence North 800-08' 2 st 165.27 feet; �t+ thence North 043-3 -:5" E . .2 ftt cat; l _ thence North 080-5 '-0 - ' = ,4 feet —J \ thence North 090 9'-l0" Westa� 8.9 theme North 38'0- 5' `1 : ' = theme North 050- i'- • es. t 1 - r then`e North 610 5' Est f thence North 220 • d ' t thence north 010- 7'' 0 V . 4i. ee , t,.. thence Korth 270- --'�jli West 31.78 feet; i ` . ti:ence north 600- c- East 333.59 feet •�:the so •Ret'r.v r;g!:t-of--ay W _ --• lineof. said State , • -852; -zit• -""l i - ''az. ;hence along said .'-•my line South 8 ' 0 East 171.9; feet �' • T..• to the Point of Begin �.4 the easement herein " d; • .object to easement.. and rest. '�io ren i . i .- :>,: • EXHIBIT •8• - ___; y Page 1 of 1_ :J i t 1 21 1 RECORDER'S MEMO: Legibility I - 1 of writing, typing or printit► . c ; -� unsatisfactory in this document �,- - when received. .-•,.�.` _' ,." s.'._o - "---''- .�. .r�sr„ .- •,..,- .,..w -. Ou ii G r v i 5 xi C- OR ROOK PAGE - • „ 0sm1F:DN All that part of Section 32, Township 48 South, Range 25 East, Collier county, Florida, being described as follows; Coneencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; thence along the east line of said Section 32, North 000-38'-50' West 3437.06 feet to the southerly right-of-way line of State Road 5-862 (Vanderbilt Beach Road); there along said right-of-way line Korth 8003'-20” West 1843.02 feet to the POINT OF BEGINNING of the parcel herein dPscribed; _ there South 600-32'-23• West 33.49 s -'"-- ti theme South 210-39'-OO' East 3 . .8 to c.oi theme South 0I0-227'-30Wes` '. there South 220-.70'-3C- E.... j,, � fret; + theme South 640-15'-40' -a - P.00 feet; !' there South C40-5l'-10' Ea 0.25 feet; +herr South 380-35'-2 .a E6.Te;fees; tett_- :hence South 090-49'-1 a' E 8 t. theme South 080-:5'-'0' r St 6.04 f t theme South 040-33'-'S' _ i _ ' thence Noth 80o-0='-2 est' 75 '- f Fo},t f a or Florida Depart.aent of liatur•I ..es Co 1A .ny •'ti• nt 1 Line (per O rerised aa;. of record r'Pr • 4• •c , Hier lit 'A1 -ida); r thence continue North ' c'' We., __ . 00 =re a the Mean . - "° --..tilgts Water Line of tt- tu of Mexico; ,y tnce northwesterly a aid Mean High Yater 2 1 .0 re or less ter-' i ' to a point on the sai••�i -herl~y right-of-way Jt Road 5-862 `�' (Vanderbilt Beach Road); 4 O - - thence along said right-4.• -w_ . ne South 8C=-OB'-2 ess 200 feat core or less to the said Flo .neat of > sourcessoues Coastal _ '-d Construction Contra] Line; (�� CI thence continue along the southe �r�igist-o- f-emy ii of said State Road 5-862, South 600-0E'-20' East 100.3 .ErS--to- tEe Point of 5e;lrning of the parcel herein described; ts, 0 - subject to easenerrts and restrictions of record; op i F `Jjt' 4—r�'W--- - jr I Pr., - No. N.--- 1' DEC 11 Yogi 1 Pace t of 1. Pg-_. - RECORDER'S MEMO: Legibility ,;t::'.._ �;,. of writing, typing or printing unsatisfactory in this document when received. 1 ( 1 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 ..sm..) 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 HN LLLCC, 0\2., a-D1el ro e' -i-pm4ted liability company ("Host") . I. Back roufl y'�' { --:. j rr t , On or about "-CI, 3, 1982, Coral Ridge Collier Properties, Inc. ("Grantor") executd//a •-1-iver,gd a Quit-Claim\eed\(the 'Deed") by which Grantor conveyed to t C..-._ th`e parce.rof lan , described in Exhibit "A" attached hereto (('Be h Access Si. - ) . Thee Deed 'Was 'recorded in Official Records Book 966, p .- 0.; .4.4- a t� '' -it rdsof Collier County, Florida, Pursuant he e. s o tI D d, e\ Beach Access Site was conveyed to and )acc=.t d b* t• e`C. t ab c tcl certain restrictions, reservations and\tfIG e ' /- c.v- n set r h )im.,the Deed, including p cu without limitati �...&he -stric .ns, reserva amid-protective covenants :X, contained in the\`-DQ laration of Restrktionr; aAd"7" otective Covenants attached to the .N s Exhibit 'A' th etol (t15 -"Declaration") . which t� Declaration was r o'rt i in Official RettfL s B4Oo , 56, page 1866, in the •A Public Records of Cbq'r ie''E County, Florida. *` ,,, ; i , C. On April 19, 20 . ham' nty_f.ile -a ctior. in circuit court in .b ± Collier County, Florida,'s�ybed/cool}li ZdP%tct1 C. vs. WCI Communities, Inc., 1 Case No. 02-1562-CA (the 'Litig$_Exo_h') ase#ng 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 V* Deed, including without limitation the restrictions, reservations and O protective covenants contained in the Declaration (collectively 44:, 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 "8" 1- I I II. Amendment of Deed Restrictions. For and in cons:deracion 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 I 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 appegraftee---w.itl and in quality of materials and workmanship equal to or koh n of the Ritz-Carlton Garage. The parties hereto ac 1t C17h Parking Garage will exceed the building area <1.W footage) o '1/ 'tz-Carlton Garage, and nothing contained h rihall be construed ' iting the building area of the County Par ng tarage to an area equi len to that of the Ritz- Carlton Garage; h, wev-r, n no wr+nt- S 1 the max(num number of parking spaces exceed 35 . imua-- -usl with = e con tru tion of the Parking Garage, the Co my . • ' s .1- xp se, construct and maintain a trel is- • -•• c e o e t. IT o the Parking Garage equal in qualit and miler a•• --�.n•e . . 1 a o the trellis on the top level of th Ai - tar •on -r.•= 1.Befo.- .o enc ng any construction O relating to the tear i . r - _ •+ ty l +. OM t to WCI, for WCI'sxil approval, which p oval shall not be Wnreaspna l : ithheld, all plans, •- including the de Vn landscaping and j, hting'J the Parking Garage w and trellis. Wi a reasonable time fuer ipt of the County's 4.4100ft proposed plans fo eite Parking Garage, W01.4 0review said plans and shall notify the Co writing of WCI'-�s .f oval or disapproval of O said plans; if WCI di o said pla I V all notify the County of 'b the reasons for such di p�d , 4 +1 ...est revisions to the plans which may lead the plans b4 :ic ell= to WCI. WCI may not withhold •- consent to any proposed design plarrs on the basis that the building area 1--2. of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided CJ, the total number of parking spaces does nct exceed 350. s.--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 wcl. 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 ether 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 alteratons, 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 m�.y-.-be_.obtained, or on the day telecepied provided that a receipt coTrfi"i; 1 lira transmission of the telecopy is retained by the sendei Arierta irP s_,(as tollows: In the case ofj` � } WCI to: �`• WCI Communities, �nc. 't // r 243w.. Walden,,Center Driire / l ita Spring , Flor.da `34134 r At ivien ;Hastinc e n • "I 4 ` d3 y / ) T leo i t 2 9 4 8277 i F O With copy °° � `-'/ t////s, hover M 1ler ,1WeissIer, Alhadef �! & Sittersoils P.A.; !,:,%"/ ,'.' 401 East Ja an $t1 @;,% W Suite 2200 ! / " . ._ �/t_ Tampa, Florida''v,3 .02%--,/ C7`► \\\1 Attn: Lawrence_J�. BZ�i�in, Esq. a1,., elephone: 81.3[ 74800 b " "e -er- 93,/12 i2'-S089 47 In the case of ---- the County: Collier County (J7 Attn: Marla Famsey, 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 - 8h Fl Naples, FL 34112 Telephone: 239/774--8400 Telecopier:239/774-0225 1 -3- 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 _jehatscexer in determining the rights or obligations of the parta-e tette r {tor shall such headings be construed to alter or if i\ n l _-mear5 ¢, application of any provision of this Amendment. ,S(i� i in this reference is made to a number of "days, " lin( ess' otherwise proved such reference to "days" shall mean calendar da/s. \_j1 IN WITNESS I,HEF,TEOF" tl undersigned\ have e„xecited this Declaration : o: ::::: andy a stf/ f1: t C i IVES,! INC., a �' lawaie or ; dtion O Jr \ N By 4; rn Print Name: lib. t me: C X ; Print Name: Lil �'�� •• ATTEST: DWIGHT R. BROCK,CLERK COLLIER COUNTY, a political f..s subdivision cf the State of 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- STATE OF FLORIDA COUNTY CF 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 SEAL) 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-'7. d l 1 ty company, on behalf of the company. He/she is,` pkr1- W. -.``o me or has produced } ` as identification. /.-,4\,>-- --‘.. / p Printcd'Name: ,l tiC1111111/ � -`Ntkary Pblic--+ \. any) :� Criss o Exljre(s: (NOTA'$+Y SEA ) /4.%',',/ CO MI / °. C.A.) 1.‘w 28:03 6130 005 NAmd R�s CI002.doc '-I JP ! "'1/ �� 10128:OJ I /j Q1 l f: `/ o 4' t !.jj c11Z G- i ' CA., -S- M. yy Y �'r _ .. - ....mow....• ... .� r..�.... �...y.}� LSF ECC•K F417-- .111 +d..i2 Chet. ;ort ¢: Settler: rabr hip -aur. . Rause ZS a "sic- ..x:at F or Via, acing dezer'be t a5ff ileacs; _•ssc=c '73 t.:x_ sa.-tlacs;. ctraa. ...._.,... 3Z, 744ec:s,:� x: :::u:^, srr_ :`cm` along t:x ea__ ,t:a 1 St�:`.a: _<. ?kr• 2427-26 Z La t .._thery-_ : z,'..� y ;file a°�-Stam! R::.u,' ...,ti .'lair feet 3.7ad z • '`:�C'1t �L.;s_' t'i... r �i� Yr ; �- trot •yt. s ',7a ! •f a .. i.�".:..,... M 3..: ..-3.. 'J. �'.'7_. •^.•e .,. rev,sL�•9.4. ys ,Ise i..._ thence :nue Nc, • PiloVete ,.tr -c` 'i+ ;.i * �t ::: y ar. zt Jw.... �7 y FCS tc x5r, r: arlcc _...t..crs � O Tr 1?(= ' • RECORDER'S MEMO: Legibility of writing, typing or printing unsatisfactory in this document when received. 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. ("WCr'), 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 parkin�.at._special events held at the Ritz Carlton, Naples ("HOTEL");and .., '- \\-,,R ( (. (1 WHEREAS, the County ec to allow RITZ-CAR` O, I'to use the parking garage under those certain terms and conditions menndnalr ed in..a_settlement agreement executed by the County,HOST,RITZ- CARLTON and WCI: and ' ,,1.7.1----,* WHEREAS. RITZ-CARL O eep c1 ,,i uyity from any liability or claims that may arise out of their use of the Pr' e as e 111 sq el w. ; _ O NOW THEREFORE:\ pnsideration of and a.a corrditi9n"lot the County allowing the use of w the County's Property, and suet,'' rr good and valuabl '�xonsideralirFki, the sufficiency of which it is rn hereby acknowledged, RITZ-CARS Cagrees as follows: '°`; o 1. RITZ-CARLTON willNitidepnr}I�E'y�--defence n1l.h td the County, its employees, appointed .9 and elected officials, contractors, and voltz`ni itri;.alyd ''lber individuals 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, ear+ 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" I 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: -,THERITZ-CARLTON HOTEL COMPANY,LLC. \AC'R (a f }riw limited liability company c� fl o 117 (Print Name: �� U 1, Natpe: C> 11 y Po�it�af; (Print Name: of o I lir STATE OF cr+ COUNTY 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 ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A I VEST: DWIGHT E.BROCK By: CLERK OF COURT TOM HENNLNG,Chairman Deputy Clerk 0:10?1/4 COLT, - , ( I(-n ! v. 1 ,P, -4/1k1 :3-) C.A., Cri r, * TI r „ � C ��'� c C. t .. cal Page 3 of 3 OR: 3460 PG: 1518 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER 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. / STIPULATIOr>1 ; ¶TH PREJUDICE It is hereby stipulated bv. n tween the undersigns counsel for the respective parties that this action and all counterclaims be disrnisse. 'ce,with each party to bear their own costs 0 and attorneys' fees. 1 1 \'\7 Ellen T. Chadwell I I h14_ fides Florida Bar No. 0983860 "TondaBar 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, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking_.at_ special events held at the Ritz Carlton, Naples ("HOTEL"):and WHEREAS, the County ag ,,tofallow RTTZ-CARLO :tp use the parking garage under those certain terms and conditions men tied in a settlement agreemerexecuted by the County,HOST,RITZ- CARLTON and WCI;and WHEREAS, RITZ CARL O �' � titrty From any liability or claims that may arise out of their use of the Pr ryy as e e 1 Is NOW THEREFORE'An0 consideration of and al(a conditiOnj-I`the County allowing the use of the County's Property, and suo er good and valuab : onSider4ia(n, the sufficiency of which it is hereby acknowledged, RITZ-CARO' N agrees as follows: ,, RITZ-CARLTON wrd 'i defend"ert4.h�pid the County, its employees,appointed and elected officials, contractors, and volun* and tl -individuals 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 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 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. LN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: TZ-CARLTON HOTEL COMPANY,LLC. ,,- z re,)i ited liability company 7 ..._� i / , _ +,-, ::'''a, 71\ ./\,,,,,--_<>---,,,,,------ (Print Nme: i'A,cr .'i <<• r-,i, Nar . . .II. . r-- .. ,PositrpnrT,1*- ExecuS..v_e_Vice President & �- �'; .i... 1:,•—,,,i Chief Financial Off icer (Print Name: ;r.�-i_ten`` L/,4-4, ) '1�q' /..,‘,..:`•r C�" fes ` •7 STATE OF all- '61 171. COUNTY --h?, /,/7:-::71")1...e./2. / / The foregoing instrument was accknowledged.befo e me,this.MA of November,2003,by k. .�, (, G t'r-i:L `(•w'{.-.?. r-.11.61-1- 'f'U?r1(2•Y�t , asC � ft.na. ,� 4`'L (position/title) of The }Zitz- Carlton Hotel Company, L.L.C.,on behalf6f said company, is iO personally known to me or( )has produced as evidence of identification. r (SEAL) 4aM� G z4'7'—' �puupt�� NOTARY PUBLIC 4y Name: ��--- NIEVE S/ 7 Je Ns0 My Commission Expires: s'*r MsY :* = 2007 •, .i Pane 2 of 3 3 OR: 3460 PG: 1521 ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A!TEST: DWIGHT E. BROCK By: CLERK OF COURT TOM HENNING,Chairman Deputy Clerk Ate'°. as to f g teal sftclenr. R -ssi 9stant � ' a County Attorney roti, wyal sufficienc �tC �� )en T, Cf►ad�sll ""tC 0 Ot,• 41E. C Page 3 of 3 . r.._. _ • y ,.. }.1"1--C4. i — +. .? r, y++- �• 11110 OR BOCK FACE • LEy+L AESCtZF'IQx , -)** All that part of Section 32, Township 48 South, Range Z5 E.ast, Collier County, Florida, being described as follows; Canncscing at the scu:beast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; • theme :Tong the east line of sai43---Sc-:t - `r;n 32. Mor::s oCo«300°-313'-50" Best 3437.06 fe-t to `m soothe 'itt-of' Ti, of State Road 5-862 (Vanderbilt Seed: Road); t _ t:xnce along said right-o � North gpa-.ak. 3:„ rvlees: 1133.38 feet :Ix POINT CF BE31171.IN& of ;tel herein described;I-``, •y �r . . —t.'x=a South 40-51t7-40"ilf st-225.9Q feet `:sen=t north 809-08'-21}A 724.44 ret to the S' of Florida Deparrent of k wall Resource. -a-sail }3^ ic( r revi sod map of carp v�� Car., rC_ � satst�T Lineda („ter thence continue art 8C y +.e '12*;O e/Count , Florida): High Water Line tt T -` if,),..,iii �q - 4r less to the ?lean thence norttt wester,3 ' o ,, + O a point on the ' n s is -ea Ai 2 I"fa>: carr or less -- v_.`.e rl --ri_ `- rate Road (Vander-hi I t Beach Read,)- 7 T Kay the ef. �-+: S-cooZ . thence along said ;lighof-ray lice Sot p-3Sf_?C'2 j TCC feet torr C..% cr less to .he 9,3 'FloridarDepart_sen: .611T,xjitra3.. Resources Coastal rta -_ _Cons.r.:cticn Cont vT\( ; :hexa continue a is richt all n9\ atherly -of-wdy clue/of said Stsfe.Zaac -. • CS_ S-B62, South 8Po-08'-2Io_ao feet .Ln , Point of Beginning tthe parcel herein ce<_cr! t r .. of '-sn f suiject to eaa ents and restr:ctier - r. -- 47 1--i tv av IRECORDER'S MEMO: Legibility C`f1:87.7 "," of writing, typing or printing unsatisfactory in this document ==Ce ' - - When received. OR; 3460 PG. 1523 This Instrument Was Prepared By, Record and Return To, Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WE_SSLER ALHADEFF 6 SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 1 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 "CounS.r.}- --WC.L_COMMUNITIES,• INC., a Delaware corporation ("WCI"), anal �p I ( ware limited liability company ("Host") . I. 0 ckground. �` i (...i n o about Aril 13, 1982, ora Ridge - Collier Properties, Inc. ("Gra tor‘" ecute• 1' red a ait Claim Deed (the "Deed") by which ,Gran •r ^ nv "e• -• t: Coun,.y the pe cel .f land described in Exhibit "A" atta•hed h- ` " -' h Deed was recorded in Official Rec.. ds =o. ,• ..g: • .1., ub is Records of Collier County, 1 -, Flo ida 'urs an o o t Deed, the Beach Access Site was con -A. t• a •. a p - ;, thei o nt subject to certain restrictions. nese va i..-"•-n. .► • e.. co y forth in the Deed, including with•.ttf" imitation the rest ction., r ations and protective covenants contain the Declarati4 kof Re ions and Protective Covenants attac e, • the Deed as Exfi /" h t /"A hereto (the "Declaration"), which Declar- 4 was recorded in Ofikii. 0--/cords Book 966, page 1866, in the Public •bo of Collier Count ,,Flo ida. On Ap 1 - .. t• y filed an action in circuit court in Collier County, }a( t oilier County vs. WCI Communities, Inc., Case No. 02-1562-CA he—" .tigacior.") 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 protect_ve 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. OR• 3 �r I ' aft5Zl For and in consideration. of the premises and d .able 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 decign and appearance with, and in quality of materials and workmanship equal co or better than, that of the Ritz-Carlton Garage. The parties here • - 7,,. -:e that the County Parking Garage will exceed . the buildin- "t;kqG e /f age) of the Ritz-Carlton Garage, and nothing co,�a, .' - Y nstrued as limiting the building area of the C-• V1-' •rking Garage , zz2ppea equivalent to that of the Ritz- Carito •- ---e; however, in no e' ; hall the maximum number of parking space ext ed 350. Simultaneously with the construction of the Parking Gara.-, ' er' Count--shallja'so, a i sole expense, construct and main'ain a t'ei- ',--1' - struc ure on the top level of the Parking Garage equ-1 i • . ty s .. '.... ..- anc to that of the trellis on the top lev- .f .z 1.n e. .•--f. Be pre commencing any construction rel tine -. th- n. The ii Co ty shall submit to WCI, for WCI's Y3{,a6 app 99hi;; •. o a -, all r be pr,ynasonably withheld, all plans, enc tiSdS , 4 �d- .•-, cap'..: n• ; y hting, for the Parking Garage and ire lis. Within a re, -onab a _Lire, after receipt of the County's prop =td -lens for the Park p,$ G 7/1,40 „.;, CI shall review said plans and w shall fy the County in' t'. P CI's approval or disapproval of said p • if wCi disapproves 'm ' "rs, WCI shall notify the County of the rea n such disapprove edll suggest revisions to the plans which ma plans t. t,0 table to WCI. WCI may not withhold consent to ny .. . y On s on the basis that the building area of the Parkin r ix.N-• 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 have been approved in writing by we'. 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 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 for 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 car to. CO- ommunities, Inc. 1 -- alden Center Drive GO b •rings, Florida 334134 Attn. i, 'en Hastings Teleph net 39/498-8213 flecop er: X239/498-8277 • W ► - �.- ewer, Miller, Weissler, Alhadef f el. n, .A. { 01° ack$on Street Sui�' 20 (7) Tama 40 33602 Attn: La J. Bailin, Esq. fi lep or .r; 13/223-4800 e o € 813/222-5089 Z. rt ase of thea ,rtF �c county aria Ramsey, Director 11T[ L U� e3"lier 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 Tamiaed 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 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 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 i 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 firs above written. Two Witnesses: WCI COMMUNITI S, ,-..4.K., C , a'. Delaware co-�-oration}\ 1 )2,,,_ n ._ . 1 :RCC) `r .:\„. , yt ...,,,, Print i -c:clZ;1 T(-o i �1 .,-^ Pr n•Q ; I. : d -4'1, J RRlia� -."•,-...--, i- hr'! e: . own ATiEST ION/ E. RO , JE. OLL ER COUNTY, a political 1, 51 vision of the State of \\\ w - - c da BY: '*i.'7'‘ l � +y e Depute ti ('~ TOM HENN_No, Chairman Two Witness :I 11-r: T-1 ,,./7 NMC OP RN LLC, a Delaware limited C 1 liability company By: Print Name: Print Name: Its: Print Name: App ped 35 to fort 1 1 sufftcteacy As:. ' County Attorney El)ti, T. Chedoell OR: 3460 PG: 1527 STATE OF FLORIDA COUNTY OF C3nbiER The foregoing instrument was acknowledged before me this ITh day of 11)Ownit4'1, 2003, by chi`- s i. ��c_ , as , 5 ,, of MCI COMMUNITIES, :NC., a Dclaware cot'poration, on behalf of the corporation. die/she is personally known to me or has produced as identification. PricSLC 1,a"\--:)"—‘ ed Name-i) C lsre/1 �CCAP1 Notary Public ; C 2 Se,_.a. Number (if any) : �( tt(z, )% My Commission Expires: (NOTARY SEAL) Notary Public,Sttl at FWAda ' My oonm.Wks:Mart 9,2007 STATE OF FLORIDA A. Comm.No.DD19163(1 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP SNC LLC, a.-De/eware_ imited liability company, on behalf of the company. 1,Ki"k OT gi -ily known to me or has produced r,,,, - as identification. (..) Nlik \- ____,5 Pr'nte• Name: Notary •ublic 1 umber : :: 4!/` C.mmi_sion , (11C 0 • • •..T ` SEAL) r""" `",r I:\w- 4,y1;4.0\0051Anri ResCov-WC-'002. ,�F 10/2e/ ? \I:\\\.,..,.„,,,.,,__________7° ()4'. 7,, _ -, , <. MCI LEGAL Fax:239-498-8277 Nov to 2003 15:10 P.05 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 chances 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 capitalised terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive heAnings 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 CO2O.AJNITI S. C. Delaware co-aorat:on )21.4.L- --r riTh Print Na 2 fz t\ i-&l d,f//' ' Pr n•� l�ij. •<i::_iiir- t'- ^- C.v(l ism / v,...1,.. int e: nn S• 7 ` ATTEST: DWIGHT E. BROCK,CLE4 ( L R C• -ol'. W.1 i _ vi i o o f to a 04. I t 1`-* 1 r By , Deputy 471: • <i - 1 !/'"` "2\ By: i� ! _iw ; I \-,, TOM KENNING, Chaf,rinalc. / \(-) • Two Witnesses: � ' �Cj��.�',�a,atn�a�aare limited lir•h l ko ? ' . 1 Sy: a,„,f.A.K. 4iliblilliF 2::.----'''''''-"�J! d�j Printdiame: r +. r 'tSG.n yP•r�,int Name: 1J RO1EN /140 Its: Jf !-0 ALL L211.•a-l_ _ Print Nam : t'ytrt i k 141 L:n la v-.1 - i .S YCI LEGAL Fax:239-498-B277 Nov 18 2003 15:11 P.06 i *** OR: 3460 PG: 1529 STATE OF FLORIDA COUNTY OF CObL DR of �The oregoi.ng Lnstnament was necknawledged before me this day , 2.003, by C�Of dS of wCI COMMUNITIES, INC., a Deiaware corporation, on behalf of the corporation. J/she is personally Imgyy to me or has produced as identification. >L n Pri ted Name F. eft Notary Public Serial Number (if any) : W ICL16Nr6 My Commission 6Xpires: (NOTARY SEAL) " EARWIJ.DODON Notary NW.Stab at RaddI -.,-.1.4,..- µY M Mora a.2aW STATE OF FLORIDACots.N.DD1a1Gie COUNTY OF COLLIER The foregoing instrumppt was ratowledged before me this . ICt' day of Nciemh,-ir, 2003, by ( rau /f( ' ) , as Vie P" - of FDC OP ANC LLC, a Delaware limit liab ..trapany, on behalf of the company. Ne/she is personally, o, to` 4 , o3•.'has produced / --- --=....a5� tification. �bc in ed Ns, --f9-C `�d '� 1 ,Notary-''PRblie r a M• C silOn >:bct�rp,.G• v:/;,1 '� { Lo r rn(Et155'�+A. C�t '' 1,%.4-te\36196\0n\Amd ReRCw-WCIO02.de NOTARY PUBLIC-4T TE c:MARY IvC .- 1c/as!osMy Commission E s,�pr '7_)06 ill C`t1Z.--- ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE , $1,472 in savings inside � r ai run Sunday,September 18,2016/52 00 PART OF THE USA TODAY NETWORK Ready for a fun dy on the Gulf? First you have to get there, and that's no easy journey _ - .'1 R, . ,: II 1 1 , y `-t."rte; 'Q l' • t ... ",., , . LASTS i i- i I FR ' . i r � � r._ re- i ..r _ L-,.,.........,„ '':'. .- --:---- --. ' _ BE ACH OUT F REACH JUNE FLETCHER JUNE FU,T.'H5FCNAPLESNEWS COM.239-2634775 ohn Minard,80,likes to walk or swim at the beach every day. illBut lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money dents coming to the region's premier attraction, to two along the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said the beach. "Lots get full by 8 a.m.in season,but even in Au- And oncegust,they're filling up by 10:30 a.m." they're there, Moreover,some of the parking spots he used to they want it use near Clam Pass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long way itis.' gone,making some of his beach access points ill- MARK STRAIN accessible — and creating choke points at U+a1BNUN OF QUIEP COUNTY P_Al 11 16 See ACCESS,Page 6A COMMOTION *TOP:Be . taFq€for uar�saxMte at the Cta beach$Lcesb pgtxt y„t ' BONITA / ESTERO / NAPLES lvi ON DAY SEPTEMBER 2:316 41111fri THE NEWS-PRESS FART OP THE USA ICCA-r NNE'WC Sit CAMPAIGN CONTRIBUTIONS.LOBBYING RECREATION Lawmakers received cash from =( ...,;1*,. ' 41• drugmakers � � ,, _ __ r PIONit A.T Upioid maker,advocates spent 1 r • '-$ vi uI Florida over past decade - i �`:" TAMARA LUSH AND MIKE SCHNEIDER - - . 4 ti s. .i bas E ` TAMPA-A joint investigation by l ; The Associated Press and the Center - t v , '( for Public Integrity found that drug. L...-- - �1 makers that produce apioid painkil = n 4'' IT era and allied advocacy groups,spent r a more than 53.8 million on campaign amt.1 utions and lobbying over the After Florida past decade in Florida as they ww-lced lawmakers to influence state and federal policies. •i:cort r st r,e.P t r>�,r r:tm adopted The groups have an an-ay of political aeachgoers was in One for tram servile at the Ciam Pass Park beach access 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, periodBeach out of reach Gov Rick The incestigatian comes as the Scott signed number'of overdose deaths from pre- it into taw. scriprion pair killers has soared, Scott received claiming the lives of 165.000 people in mono horn the U S since 2000. Reporters ana- opiordmann- lyzed campaign finance and lobbying s SW JUNE FLETCHER.nn roar ntrsreaz .wWWLS tacturersdata from 20e16 through 2015, re., according to viewed hundreds of documents and Florida ohnMmard,80.iikestowalk orswtmatthe beach evcry campaign Cu-ducted more than 150 interviews. day mance and Drug companies say-they-are con:- grows, But lately the reined apple grower is having a hard obbying rutted to solving Inc problems linked time finding ways to access the beach near his home in data to their painkillers.Purdue Pharma. debate North Naples one of the largest opioid producers by With more visitors and more permanent residents sales,said:t does not oppose policies percolatescoming to the region's premier attraction,the parking "that improve the Wayapioids are pre- lots are getting too full.he said. scribed"even if they result in tower 01-er "The last two years,it's been horrible," he said. -ales. 'LOU get fail by 8 a.nt.in season,hut even in August.they're filling 3t one time.Florida was theepicao- whether up by 10.30 a m.•' see Opioids,Page 10A titer-e are Moreover.some of the parking spots he used to use near Clam Passrnd Delnor Wiggins State Park when he first caste to the area in COO f , , 1985 are long gone,making some of his beach access points inacces- sible--and creating choke points at others. access 'A=cess points at the beach ere mobbed while the spaces between • poi"OS See Access,Page 14A 0 Election 2016 1riunp visits today: what you need to know SHELDON ZOLDAN President George W. Bush's re-election cam. stoic sa s.+.V==rss e:21 paign in 200.1 at City,of Palms Park.In 2005,Sen. Lab Theater to host John McCain's running mate.Sarah Palin.held The presidential campaign comes to South- an event at Germain Arena fundraiser to find west Florida today with Donald Trump making I1rtmmp stumped in Colorado Springs on Sat new home.1v hiswas visit tc Fort Myers. ..day and as in Houston Mt Sunday for e Trump Trump[viii be the first Republican preside': ' tial resi et:tial candidate to visit Southwest Florida since See Trump,Page EA NIGH 89 .'st uorperradas Classifieds 89c Nation,/38 Spot.81L I I1111 (��i' �'p TEE NEWS-PRESS and n,eathtr,Jpdates Local business.15A Need to know.lA Views-17A 1 ( Published since COO !_QW 76 ,.news-Pim torr tottery,.1A ob;tuaries8 MA Wean.-CCC - 5t?901 42525 ' - Copyright lots e i ! Mel Best Place le Bin! P estt9I. Appliance;Si I r e t,��. ops 22 First Place I 'kola: , „� + ,adore Choice Awards ., SILL; ElectronicsIr e� «„ i` OMataadia g ClammyOM 1t TNHH Buildj.Your Own)PPacka B.e �l! - _.� " , Professional Service! setup Appliances& -�- pI III allatlER. scab la Ceaaetpm` Purchase() r more kitchen appliances We Service Winn e Seth Electronics r >� }--a-j i and contractor �' k "'� �.,,' Lew PriceSeannteet YMY tt 1 eOtU k4f I Rossi trti,IFIW 1 .dot Lkt. n tS ntANb e,:r4t Fvteps 1 SwF[Showrooms 23922..5555 , •239A951979— , 234251/158 , ett52IIs 55 123839/480 I t23988135 4 I 2`,a'' ",,"'nus billsmith.eom *C0093341181 it, tia:CCa`.! ,ort;nued from Page IA them are wide open,"he said""It never was like this be- ei ,,i. a" ..I t fore." As more people come to Southwest Florida seeking a as"'"1 ,.-_ i. spot on the sand—and taking up already limited parking , „-, �' �1 7 at rising fees—debate is growing as to whether they're .,,rm-c, I z7 I ,, + I • , h , being funneled into too few beach access points.And that ; t a rs' - - could negatively affect tourism and real estate sales. i kilaria 0 c s37- "People come here for the beautiful beaches,"said 'N, Mark Strain,chairman of lite Collier County Planning I _ l . , . ''m 1'71A� Commission and its chief hearing examiner."But it's get- yy ting harder and harder for people who dont actually live — • ' is- y "' �r in along the beach to access them-" s r On the surface it may not seem that Southwest Florida ->+s 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. •f �� According to Florida's Department of Ervronmental s- i Protection,Collier County has 57 public access points 1 along its 34 miles of sandy beaches(spaced at an average _ ar,•s-, . �! of every 0.6 miles),while Lee County has 98 access points • along 47 miles of coastline(or every 0.48 miles),and Char- I a lotte County has nine access points along 12 miles of s *.s., 'v' beach for every 1.33 miles). Contrast that with Hillsoorough County,which in- +\ f• " eludes Tampa.It 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. '44'05 aY alColt eAUC'utsEansa"IES DAIS'.'sows 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 parking nearby,Intakes it much easier for Florida's east white lint ted 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,some men Borges.51. beachgoers also say they are being chased away by waren - -Lounging on on Vanderbilt Beach last week.Borges said irons property owners woo say their rhea:hes are private. - .-- Naples' more restricted access and longer walks to 'it's happening more and more,"said Grant Gillman,t8, ,�- } crowded parking lots was frustrating by comparison. who works ata Fort Myers Beach,coffeehouse.In reality, I , "If you come with stroller or a kid.or someone who is throughout Florida,all land owners along the sand only handicapped,it's difficult."she said, awn rights to the beach op to the Erosio i Control Point,or Nearby,Wendy Batts,43,of Louisville,Kentucky',won- traditional mean high water line—a line that once set, r 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'sine the beach a s year—don'tallowtouriststo use their empty parking lots from that tine to the watere," 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 nand that will only get worse. No boardwalks or new access points to the beach are Collier's permanent pops iation is 354,000,and its peak being planned Strain said.and rocketing beachfront seasonal population is 425,080.Strain estimates the coup- prices make buying more land for access or parking too Mmard thinks that's an incentive for Lee residents to ty's population will swell to 1 in illion 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 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 pg.-1:1 lento inland what ., s •own ts,"he said �4,s v t ...„,..........,,..,a, ... 7 fiat sort oflogiehas long been alwneofcontention+ *IAN t ,- „ h ['nod _ t.'#Lc•'` said.r. ras. 4 i a Ms ere, t i-t• J.x 1 r- ewhe noofficials otloCollier lse u County ndttheccityofNaples, rtype free parking www,news-press.com/obits or call 335.0324.Please it is." alongthe beach just to cityresidents. oisit news-press,com for archived obituaries.Obituaries So residents often resist suggesnors like bigger park Naples City Manager Bill Moss said that's inspired by and photographs submitted to The News-Preis may mg garages or public transit,even if.t 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 platformsing for spots,Strain said those of the county and often attract county residents. When the luxury high-rise Moraya Bay was built sets "About a million 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 MARthe entrance to the neighboring North Naples beach ac- refurbished last fall with new restrooms and planking FORD,NANCY N•,87, cess.cess.So sand-seekers who wanted to use their free-to-res- that cost S2.5 million of eokenl,a thea September SF I I E.`.f Belt'lei idents Collier County parking stickers were forced to use But while the Pier,Lowdermtik Park and the beach ac- 16.2016 Arrangements by E.e;x"c Smrh "larkgrai, Conner Park,a half-mile away.. cess at the end of Fifth Avenue South are heavily used, Fledges Funeral Moore at Lee of Fon livors. passed gaY vc:dncsdas' srptrmber Shuttles from inland parking lots is mild help alleviate "there's no planning whatsoever for more access,"Moss Memooai Park the problem_but trio often.residents object to them, said.-To be able to acquire the land is beyond local gnu SF.c,xm born lues lbSe in Birmingham.,u Strain said eminent," and mooed to Sou Nara oda, But sticking your head in the sand won't make the That's because many of the city's beach access points her f a:n ay in 1991 she oval problem go away.he addedare near some of the region's most expensive real estate. rcgisrerc-1 nurse and:ece:vcd ""As tlite eastern portions of the cot:nty become devel- with beachfront lois running into the millions. hers nun lit c rc fiutson atom oiled and residents head to the beach,especially from Because public parking is limited to a handful of (,, s \ince r E pica!et Bir huge new towns like Rural Lands Wilt and Ave Maria spaces at these access points.beaches near the mansions �t,om ''''''"'"'F'"''' trafficalong the beach will be terrible,"he predicted are among the most uncrowded ho the region—although • her ttacholot s Degree at Eei- What's more,because many of the county's beach ac- people sometimes park illegally to get to them, nsii Collets rd ween m pointshaveno parte se crri C.t in cess public parking nearby,they are for all "People park on yards and stvuirs,soevehave u, end comOperating R<x ns and Coding practical purposes inaccessible for anyone who doesn't the police around."Moss said. O. billing and alarms review live withinwalking or bikini distance,Strain said. Yet there are no plans to shuttle people to these more e s sr recently.she wotkcd at Such inaccessible access points include the roughly 2- secluded beach access points,Moss said. as h ie in claims review mile stretch on North Gulfshore Drive front Vanderbilt "We're not looking for ways to help people get to the RPh..".Is star.ivad by hr: Road to 110th Street.or the beach along Pelican Bay beaches here,"he said 1 tovsng husband of 25 rcci. ;endsometimes even bike riders ha.'eahard time find- In fact,the city recently upped its parking rat efor paid .• n••,,sot 1 Kan Markers'',her children- mg a spot. spots from$1.50 to$2.50 an hour and put in meters that Max ?.tarkgrat, who it ie- When he lived on Marco island,Gc:ge Wheeler,20,of- take credit cards in a move that's anticipated to bring SI tensity attending rhe .: `ss.",.., s n of South Florida is i e ten found the five to eight spaces prt•vided for bikes on million in revenue to the city,said Lsa Douglass.the city's Ji. f a tis Bachelors Drgr beach access racks"really packed""Sometimes there billing and collection manager. 1 Mrlrxa Markgraf ..r,rr<arin was no place to lockup your bike,"he said. When people pay meters with coins,she said,they stay air le'll' j lis ins in England where she is Other times,especially during the stormy summer only as long as the jingle un their pockets will allow. 1 estvin fo her',faster s Dc- months,parking lots flood to the point of being nearly in- "But people are more apt to overpay with credit cards h < Shealsod b,; passable for days,as frequently happens at the 96-space so they fool have to come back and feed the meters,"she on broth< whhael swims' Collier County lot onlelvBarefoot Bo.ilevardthat serves said,adding the city has 1.305beachaccessparking spots . She was prczded in death hsv the access point to both Barefoot Beach and Bonita While rising fees bring in revenue,they also hamper her purnss:Hrrbcrt and loan Beach,just over the Lee County line. accessibility for those hard-pressed to afford them. nc Da,'n Sino}:. .... Carl Scivvng�manager of the city of Bonita Springs Fort Myers Beach resident Jimmy Masterson,52,saidFuacni arrangcmr arc ,mdc; d:r d.,.„,,ion of i.ort said hies"vent'concerned"about the lack of parking at a also puts a damper on the day of beachgoers who must Mets Lremorial Gardens tor- Bonita Beach,the most accessible public beach in the constantly check to make sure their meters aren't ex- 1 Home I sat) Colonial southern part of Lee Counts-in terms of parking, pined,exposing them to heavy fines."When I come here Bits!.For Myers.Ft 53w" Although there are 99 parking spaces on tate lee Conn- 19 years ago,parting along the beach was free"he said. Online eenioleo.e. roc: be ry side of the beach access,he's hoping the int can be re- In Lee County,parking fees rose in 2009 from$1 to$2 offered-s-"wino.tsrrsr.:,enn,r configured to squeeze in a few more:paces an hour at the Bonita Beach Access No.1,Lynn Hall and monal.com He's also asking two developers was want to build rn- Bonita Beach Park access points.They rose the same A Celebration Lac o l i be land hotels in the city to add about?00 public parking amount in 20I3 at Bonita Beach Access No.10,Bowditch held a from 1-30 si3rl p�'on spaces to their hotel lots.They'd then take residents and and Butulte Beach Sunday.,i,,,,,,,„1„.-. sone hotelety 1 p the Edison Res :-lirguests to the beach on their private shuttle buses, That helped to raise parking revenues at beach parks , tsss sia;regor Blvd No: which,unlike public shuttles,wouldn't be subject to the from 53.34 million in 2013 to$1.54 million in 2015_ ' j Myers whims of NIMBY neighbors In the meantime,businesses near the beach wrestle In lieu of Poa case rr,c:not,al- "Tire idea has been swell-received 1y the hoteliers;'he with the issue of beachgoers parking in then-kits to avoid conu,ibutioru may I s male r,.: .: said,adding that private beach she des from master- the paid spots.Is towing vehicles worth the risk of riling Page 1 of 11 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.tletcher"a naplesnev's_com:239-263-4775 Share This Story 14 Tvt 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 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.com/story/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 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 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 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. • t` aro ,. 1 # jif I- yffX !i X 11 04.4 Skip Ad Aothmaisfielorida 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 Emb6'athwing,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. Slosrein our online poll: Do you think there are enough beach access points in Collier and Lee? he'salso a' s�ctng two�eivelopers 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). O. " . • fy • • Ale r 1 � f tY � Int 4.. • 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) Fullscreen 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 l lscreen http://www.naplesnews.com/story/news/local/2016/09/16,'beach-out-reach/90309508/ 9/17/2016 Page 5 of 11 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) f ullscreen 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) F u I lscreen 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 theyere 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) ('ullscreen 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) FuIlscreen 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) Fullscreen 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) Fu I lscreen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 6 of 11 Beachgoers carry their belongings to their cars at Beachgoers can-y 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) }=ullscreen 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) 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 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 • 00. Iof20 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 i Page 7 of 11 !i2 of 20 • 3 of 20 4 I<isrw ,. of 20 • le5 of 20 grailiA, ,,r10 ti k - b 8o120 ■ )of20 • . 1.ap 10o120 • MS i of 20 • /01112 of 20 61114411', of 20 r N#0V' 140120 • http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 8 of 11 • .N 15 of 20 • MIIIIIIIIIMM11111.111111, 16 of 20 a17 of 20 • 18ot20 #: 19 of 20 1=0 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 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 S1.50 to$2.50 an hour and put in meters that take credit cards in a move that's anticipated to bring$I 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 SI to S2 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 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 RaucheisenlNaples Daily News) A line in the sand http://www.naplesnews.com/story/news,/local/2016/09/l 6</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 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. u `• • Direct:Coastal Access Guide \/ -4,,,01 11.• \y/ � I,� .1--� 4 11.11:1 '4 I.land Show Imagery Slider >> [-Show--Show County-- VI) 1:577,740 Q l� mommemmommimmil 0 0 5 10mi Share This Stoty I_ eet Share Share Pin Email Comment Napirs PART OF THE USA TODAY NETWORK 2016 naplesnews.com,All rights reserved. http://w ww.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 11 of 11 Share Enjoy a limted number of articles over the next 30 days Subscribe Iodav Loll In Subscribed,but don't have a login? Activate‘our di ital access. Join the Conversation To find out more about Facebook commenting please read the Conversation Guidelines and FAQs Share This Storv'. • Let friends in your social network know what you are reading about 111 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. 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"T1 -Ft-1 -0 -� -+ --+ C S t7 c m = m /j O � W apo �_. -� O C7 V) DO r "`t\ N. m o � z o -� D �''. y m D z m 0 --I N f n � � Xi moo O (�'� I CCI m ADVCD r\D (n ocn m 73 D mcn / m O 0 0 0 m N ) m0 Mi p -1cn —33 D m m Cn m -I , -I < z ( ) o = v m 0 (n m 0 D o = 0 O n Dn 1" D /imU r mm Zo n 0 z -< m O 0 0 co r c z co < -1 -+ O -< m 2c (7) m - - cn O -< z 2 O D 70 FROETZEL YOU MEMO TO: Collier County Board of County Commissioners Hon. Donna Fiala, Chair FROM: Robert D. Pritt Board Certified City, County & Local Government Attorney Roetzel & Andress, L.P.A. DATE: October 25, 2016 RE: Arthrex—PU D20160001865 Vacation of Creekside Bloulevard--VAC-PL20160002294 Testimony/Comments of Robert D. Pritt CLIENT- 135487 MATTER .0001 Dear Commissioners: Madam Chair & Members of the Commission, I am here on behalf of Bay Colony Golf Club, Inc., Estates at Bay Colony Neighborhood Assn, Inc., Colliers' Reserve Association, Inc. & the Foundation at Pelican Marsh, Inc. All of the above are Property Owners' associations owning and/or representing owners of property adjacent to or across the street from the Creekside Commerce Park CPUD. I do not represent any property owners directly, but just through the associations. My clients have serious concerns about the proposed intensification of development in the Creekside Commerce Park CPUD. Their owners, your constituents, made their investments in homes and recreational facilities in reliance upon an ambiance unique to this County, and to the surrounding neighborhoods. While there has been a tolerance for most commercial uses and developments in the Creekside CPUD and the associated traffic, as originally established, it should be noted that this is the 5th amendment to the PUD, most of which involved significant increases in building height and development intensity, including an increased in traffic. Immokalee Road from U.S. 41 past Goodlette-Frank Blvd. and even to Airport-Pulling Road is one of the most constrained roadways in the County. The developer's traffic engineer acknowledges that but says that this will only add another 1 % to the problem, which, even if true, is not a sufficient rationale. In this case, the stated rationale for increasing height and development intensity is for an expansion of a company's headquarters and creation of jobs. My clients are in support of jobs and progress and applaud the company's commitment to the County. RALAW.COM ROETZEL FOCUSED ON WHAT MATTERS TO YOU MEMO Page 4 of 4 Conclusion: 1. Arthrex Building—Tract 5 a. Height. The Commission should either reject any increase in height from 35'; or at the very least, limit the increase to no higher than the tallest building height allowed in the area (100'). (Hospital was represented to Planning Commission to be 104' overall.) b. Design. Any architectural plan should be subject to public hearing, either as part of this current rezone or at a subsequent site plan hearing. Architectural standards of the codes must be followed or deviation through public hearing process should be required. Alternatively, if the review is to be by staff (not recommended), at the very least, any deviations from the architectural standards (5.08.08) should not be permitted. 2. Creekside Blvd.—The Commission should not allow it to be closed or re-routed. 3. Environmental—Deviation #3—This should be denied. Preserve areas and on-site mitigation should be maintained. 4. Piggyback—Any increase in square footage, development intensity or traffic capacity allowance for the CPUD that is not directly attributable to the Arthrex property on Tract 5, should be rejected. I request that this document be included in the record of both proceedings. Respectfully submitted, Robert D. Pritt 10973917 1 135487.0001 • ROETZEL FOCUSED ON WHAT MATTERS TO YOU MEMO Page 3 of 4 1. Spot Zoning: The special allowance for height 3 1/2 times the pre-existing height; the closure of part of a public road, the significant increase in height and development intensity, outside of the Arthrex parcel; and the ignoring of environmental standards constitute illegal spot zoning; that is, zoning for the specific benefit of one or a few. Zoning standards and decisions must be based upon WHAT the proposal is, not WHO is making the proposal.3 2. Contract Zoning: The zoning analysis by staff is apparently based upon Contract Zoning--also illegal. There is apparently a contract between the State and the Applicant for job creation (still secret) and a contract between the County and the Applicant for tax relief in exchange for jobs. This Commission has been inextricably intertwined with Arthrex those contracts, which have apparently emboldened Arthrex and other owners in the CPUD to make a proposal that is in disrespect and violation of the Growth Management Plan, and principles of rational, compatible planning. Zoning cannot be a "done deal". How can decision-makers be fair in this quasi-judicial hearing when it is their own contract that provides the support for the application? This violates Due Process "fairness" requirements. 3. Due Process: The neighbors are not permitted by law to see the State contract, yet they should have a right to comment upon actions of the local government before action is taken. That contract (secret) is being used as the reason that this rezoning application has to be "expedited". Without knowing what the contract says, the neighbors and the public are deprived of their ability to testify or provide input in a meaningful way. This is inconsistent with Due Process "opportunity to be heard in meaningful way" requirements. 4. Piggybacking: The proposed amendments are represented as being for the benefit of a good cause--Arthrex--and its effect on the economy of Collier County. However, a large portion of the proposal does not include Arthrex, but instead attempts to piggyback other properties and intensities onto this application. Arthrex' attorney made a lame attempt at the Planning Commission meeting to connect all properties in the CPUD to Arthrex, but it simply is not so (nothing presented so far except bald assertion from attorney) and this Commission should not be fooled. If Barron Collier interests can make a case of their own for increasing development intensities, building heights and other needs on their own properties, they can come back to the County with a non-expedited application that makes the case for those changes. After all, it would just be a 6th amendment to the CPUD. 3 The Status of Florida Law on Contract Zoning: Practical Drafting Suggestions to Avoid Contract Zoning C/aims in Settlement Agreements, by Mark A. Rothenberg, Florida Bar Journal February 2007, p. 51 et seq. (provides analysis of both spot & contract zoning). ROETZEL FOCUSED ON WHAT MATTERS TO YOU MEMO Page 2 of 4 The original requested height was an increase from 35' (zoned & overall) to 205'. It was not until the Planning Commission hearing that Arthrex scaled it back to 104' zoned (122' overall). This is still over a 3-fold increase, and taller than any commercial building in the area and the County. Stunningly, the planning staff had recommended APPROVAL at 205', which indicates that their recommendation was and is based upon perceived political expedience, rather than based upon well-established1 sound professional planning and zoning principles. Similarly, the traffic studies presented to you understate the effect of the PUD Amendment upon the traffic pattern and flow. The proposed closure of part of Creekside Blvd. exacerbates already stressed traffic patterns. The application proposes to compromise the sanctity of preserve areas as well as on- site mitigation requirements. While the Planning Commission at its October 15 hearing finally succeeded in prying out of the Applicant a rendering of the proposed Arthrex Headquarters Building on Tract 5, , there is no guarantee that it will actually resemble that rendering, because it will be approved only by administrative staff (the same staff as those recommending approval of a 205' building) rather than the Commissioners at a public hearing. Also, it proposes the deviation from County architectural standards, meaning it could theoretically wind up looking like anything for all anybody knows. The delegation to staff of Architectural review coupled with the ability of Arthrex to deviate from your architectural standards may constitute a standardless delegation of the Commission power, and may be unconstitutional.2 It also avoids Commission review and input from the public. My clients have engaged David DePew and Bill Morris of Morris-DePew and Associates to testify regarding planning and traffic issues. From a legal standpoint, I raise the following objections/concerns: 1 The seminal case in zoning is Village of Euclid, Ohio v. Ambler Realty Co., 47 S.Ct. 114 (U.S. 1926) which is just as relevant today as when it was written.The Court said: ...The segregation of industries, commercial pursuits, and dwellings to particular districts in a city, when exercised reasonably, may bear a rational relation to the health, morals, safety, and general welfare of the community. The establishment of such districts or zones may, among other things, prevent congestion of population, secure quiet residence districts, expedite local transportation, and facilitate the suppression of disorder, the extinguishment of fires, and the enforcement of traffic and sanitary regulations... The exclusion of places of business from residential districts is not a declaration that such places are nuisances or that they are to be suppressed as such, but it is a part of the general plan by which the city's territory is allotted to different uses, in order to prevent, or at least to reduce, the congestion, disorder, and dangers which often inhere in unregulated municipal development. 2 City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988). 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U) mD= -, Cl) _13 0 0 = O 0 DDD DJ r- r mm Z 1310r b D r pzmm0 Or- C < _< 03 03 J I SJ ! \ ---,. 5 n 33 (ii My name is Pamela Duran, I reside in Golden Gate Estates, Collier County Independent reports on the Collier Hogan oil well have pointed out the mistakes from the cement to the size of the liner. Illegal fracking, improper disposal of flow back. More than 100 barrels of oil waste which contained oil, water, acid and chemicals dumped into the ground next to the well. And a DEP inspector, whose job is to check on the proper installation of the well was not allowed on the site. For 3 years we raised questions about the safety of oil drilling and nothing was done to protect the citizens of Collier County. Even thought other counties passed ban after ban to protect their citizens from fracking. When we went to Tallahassee many senators were under the belief that the residents of Collier County were not concerned about the illegal fracking, they received the letter that called for 32 family to be evacuated, and promised to vote no on the bill Senator Reigher proposed. Oil drilling and fracking should be a priority. The Collier Hogan Well was a disaster and still continues to remain one. Learn from the past, future generation should not have to deal with this problem. The best protection is to keep the oil in the ground. Oct 25,2016 BCC My name is Jaime Duran, I am a resident of Golden Gate Estates. I have addressed this board on several occasions in the last three years with what I dear say have been disappointing results. Today I am here again to remind you of your obligations. You are our only line of defense against the callous and unethical behavior of of the oil barons. A behavior that is now evident throughout this nation and more importantly to us, our state and county. We have seen this evidence in the indifference of the agencies charged with the protection of our aquifers and environment. These agencies have opted to raise the limits of pollutants allowed in the drinking water, rivers and lakes ignoring the harm that will be caused to the residents that depend on these resources. The only resource that seems to receive any protection is the one that should remain in the ground undisturbed. The sunshine state is uniquely positioned to be a leather in alternative energy use but I believe is being held back by short sighted policies sponsored by the oil industry and corrupt politicians. Now that some of you will be moving to another face of your career I hope your legacy will be one that protects us all. NiiksilitA . i.,-, CD -.2 ,,, Lu 2 - k', ' - . ''' / (t ' --C! , Lu LL S)' ' 7 ,f- (,13 1-- ' -,,- 0 (i) , — (L) " ..11. 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