Loading...
Agenda 04/25/2017 Item # 6A04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 6.A Item Summary: Public Petition Request from Mr. Anthony S. Pires, Jr., on behalf of the Vanderbilt Beach Resident's Association, Inc., requesting that the Board direct staff to timely provide notification and any materials regarding APR-PL20170000623, Beach Box Cafe. Meeting Date: 04/25/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 04/14/2017 9:45 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 04/14/2017 9:45 AM Approved By: Review: County Manager's Office Nick Casalanguida County Manager Review Completed 04/17/2017 8:29 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 . Naples Florida 34112-5746 . (239) 252{383 . FM: (239) 2524010 Apm A,2O17 Mr. Anthony S. Pires, Jr. Woodward, Pires and Lombardo, PA 3200 North Tamiami Trail Suite 200 Naples FL 34103 Re: Public Petition request from Mr. Anthony S. Pires, Jr., on behalf of the Vanderbilt Beach Resident's Association, Inc., requesting that the Board direct staff to timely provide notification and any materials regarding APR-PL2O170000623, Beach Box Cafd. Dear Mr. Pires, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 25,2017 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9 a.m. in the Board of County Commission Chambers, Collier County Government Center, 3299Tamiami Trail East, 3'd Floor, Naples, FL34l12. Please zurange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. .,\-4-/z tJ Mike Sheffield Manager, Communication and Customer Relations MJS:mjb cc: Jeff Klatzkow, County Attorney Jamie French, Deputy Growth Management Department Head EST. 1971 CRVG R WOOOWARD MARKJ. WOOEIWARO Bwr3 Ca,&e1:FolPma ANTHONY P. PIRES, JR Pm,d(unG iU'g%Cwvry, ard LodCrrtmrml L CHRISTOPH ER LOMBAROO Emd Cuufiei:MauW vd FmEylew CATHRINEA HUNTER tLm.fT�amJ JENNIFERL DEMES JENNIFER M. TENNEY LENORE T. BRAKEFIELD JOSEPH M COLEMAN KENNETH V. WNW WOODWARD, PIRES & LOMBARDO, P.A. April 4, 2017 County Manager's Office Attention: Mike Sheffield 3299 East Tamiami Trail, Suite 202 Naples, Florida 34112 ATTORNEYS AT LAW Via Email: MichaelSheffield @ colliergov.net Re: Public Petition Request Concerning Administrative Parking Reduction; APR -PI -20170000623; Beach Box Cafe Dear Mr. Sheffield: Enclosed please find the enclosed Request to Speak under Public Petition with attached Exhibits concerning the above. At this time, I am requesting to be scheduled to speak at the April 25, 2017 meeting of the Board of County Commissioners. If you have any questions please do not hesitate to contact me REPLYTO. M 3200 TAMIAMI TR u. N. APP/Ig SUITE 200 NAPLES. FL M103 239-649-6555 239-649-7342 FAX Enclosure(s) O 60611ALDEAGLEDRNE SUITE 500 P.O. BOX ONE MARCO ISLAND. FL 34146 239-394-5161 239-642-6402 FAX W W W.WPL-LEGAL.COM Cc: Client, w/enclosure(s) PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS Public Petitions are limited to a single speaker, with a maximum time of ten minutes. Generally the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. The County Manager may defer scheduling a public petition for a reasonable period of time to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Individuals wishing to petition the Board of County Commissioners should present such a request in writing to the County Manager a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request should be on the following form and include any exhibits and/or backup material that may be pertinent to the petition. It should be noted that your request and all materials submitted will become public record and will be retained for that purpose. Public Petition requests can be mailed to: County Manager Collier County Government Complex 3299 East Tamiami Trail, Suite 202 Naples, FL 34112 Or the requests can be sent to the County Manager Office via fax (239-252-4010) or email (MichaelSheffield@colliergov.net ). The County Manager will review your request and determine if the Board of County Commissioners has the ability to legally act upon the action you are requesting. Final determination of this request is at the discretion of the County Manager's office. The County Manager's office will notify you via mail the status of your request HADATA\FORMS\Public Peddon Request Fonn - 2013.doc Request to Speak under Public Petition Please print Name: ANTHONY P. PIRES, JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS ASSOCIATION. INC. ("VBRA") AND OTHER INTERESTED AND/OR AFFECTED PARTIES Address: 3200 NORTH TAMIAMI TRAIL, SUITE 200, NAPLES, FL., 34103 Phone: Date of the Board Meeting you wish to speak: APRIL 25, 2017 Must circle yes or no: ///���� Is this subject matter under litigation at this time? Yes Is this subject matter an ongoing Code Enforcement case? Yes No Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): 1. Inaction by staff in the Growth Management Department, Zoning Division in response to multiple emails requesting notification as to submittals and status as to a new administrative parking reduction, APR-PL20170000623, for the Beach Box Cafe ("APR"). 2. Lack of assurance of notice to adjacent, contiguous or surrounding property owners or the VBRA concerning review/possible granting of administrative parking space reductions pursuant to a new administrative parking reduction, APR-PL20170000623, for the Beach Box Caf(5 ("APR"). SEE ATTACHED EMAILS AND THEIR ATTACHMENTS. Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): 1 Direct staff to timely provide copies to Anthony P. Pires, Jr. of any materials or documents submitted to Collier County in APR-PL20170000623. 2. Direct staff to immediately notify Anthony P. Pires, Jr. of any responses and any decision regarding any APR for the subject property, including but not limited to PL20170000623. HIDATMFORMSTublic Petltion Request Form - 2013.doc MARCH 24, 2017 EMAIL REQUEST TO COUNTY STAFF Anthonv Pires From: Anthony Pires Sent: Friday, March 24, 2017 7:50 AM To: 'BosiMichael' Cc: 'AshtonHeid'f; KlatzkowJeff; 'jamesfrench@colliergov.net'; 'DavidWilkison@colliergov.net'; BellowsRay (RayBellows@colliergov.net); 'CasalanguidaNick';'StrainMark'; OchsLeo;'GreeneColleen' Subject: RE: NEW BEACH BOX APR: PL20170000623 Again, thank you Mike for a copy of that letter. As you are aware, I represent a number of parties interested in any and all applications to obtain any administrative parking reduction (APR) at the property that is the subject of the current application, PL20170000623. My clients also qualify as either or both an "affected property owner" and/or as an "aggrieved or affected party" relating to any land use approvals, including any APR, at the property that is the subject of the current application. My clients also have a "direct and immediate" interest in the above noted application PL20170000623. My clients and I have been actively involved in prior APRs and appeals of APRs concerning this property and actively participated in proceedings before the Collier County Commission concerning the property. As you may recall, on April 12, 2016, a process was established whereby County staff would timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any decision regarding an APR re-evaluation for a prior application for this same property, in order to afford my client(s) the opportunity to determine if an appeal would be filed. As a result this is a request that when any materials and documents are submitted by the Applicant, that copies be provided to me and further that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and decision regarding any APR for the subject property, including but not limited to PL20170000623. Thank you Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tani Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires @wol-Iecal.coin Firm Website: www.wpi-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: BosiMichael [mailto:Michae]Bosi@colliergov.net] Sent: Tuesday, March 14, 2017 9:49 AM To: Anthony Pines <APires@wpl-legal.com> Subject: RE: NEW BEACH BOX APR: PL20170000623 Sorry about the delay. From: Anthony Fires fmallto:APlres@o Wal-leaal.corn Sent: Tuesday, March 14, 2017 9:22 AM To: BosiMichael Cc: GreeneColleen Subject: FW: NEW BEACH BOX APR: PL20170000623 Importance: High Good morning Mike. Please send me your denial letter in P120170000623 It is not available at CityView Tony From: Anthony Pires Sent: Thursday, March 09, 2017 4:23 PM To: BosiMichael (MichaelBosi CEDcollierzov.neg <MichaelBosi@collier?ov.net> Cc:'GreeneColleen' <ColleenGreenePcolliereov.net> Subject: NEW BEACH BOX APR: PL20170000623 Importance: High Good afternoon Mile. Hope all is well. Could you send me your denial letter in PL20170000623 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@wi)l-leaal.com Firm Website: www.wpi-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. It you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. MARCH 24, 2017 EMAIL RESPONSE TO COUNTY STAFF REPLY Anthony Pires From: Anthony Fires Sent: Friday, March 24, 2017 9:28 AM To: 'AshtonHeidi' Cc: KlatzkowJeff; FrenchJames; WilkisonDavid; BellowsRay; CasalanguidaNick; StrainMark; OchsLeo; GreeneColleen; BosiMichael Subject: RE: NEW BEACH BOX APR: PL20170000623 Attachments: BCC%20Minutes%2004122016%20R pp 54 to 61.pdf Good morning Heidi. I believe this is a situation where the Board wanted my client(s) to be affirmatively notified of a decision. Please see the discussion involving the prior APR for this same property. April 12, 2016 arbitrated by the Board of Zoning Appeals, which is this body, within the public venue. CHAIRMAN FIA -LA: Tony, would that work out for you and your clients? MR. PIRES: If I may approach? It would be, if we knew what was going on. l think that's the fundamental issue in this case, that you have a zoning — you have an APR approved September 22nd, 2015. No notice to anyone. MR. KLATZKOW: What were saying, Tony — MR. PIRES: December 22nd we found out about it. MR. KLATZKOW: Tony, Tony, what were saying is that staff s going to reevaluate it. They're going to come back with another decision. I don't know what the decision's going to be. You will be given notice of that decision. If that decision is something that you disagree with, you have an administrative process to appeal to the BZA. MR- PIRES: If there is the assurance that my clients and I will receive notice of that decision timely, then that would be acceptable for us to -- if we feel that there's further action needed. But once again, that's the fundamental issue we would suggest, that also on a going forward basis that provision be provided in the — MR. KLATZKOW: You will be given notice. April 12, 2016 timely. COMMISSIONER TAYLOR: And maybe this board could get notice. MR, OCHS: What kind of notice? MR- KLATZKOW: No, the notice would be — Michael is going to be revisiting this. He's got additional information, okay, as far as the parking number of space reduction, okay? That decision you'll be copied on, okay? If you disagree with that decision or if the property owner disagrees with that decision, there's an appeal from that decision set forth in the LDC. At that point in time it will go to the BZA. That's the process we have. CHAIRMAN FIALA: And that will work out with you, Tony? MR. PIRES: Yes. And again, assuming that no one challenges the Vanderbilt Beach Residents Association not having standing, which some people have done that in the pasL So we may have individuals also filing the appeal. But thank you, yeah, that would be -- that would be extremely helpful and provide that opportunity ity for review. Thank you. Anthony P. Fires, Jr., B.C.S. Woodward, Pires 8 Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aDires@wDl-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. From: AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent: Friday, March 24, 2017 8:43 AM To: Anthony Pines <APires@wpl-legal.com> CC: KlatzkowJeff <JeffKlatzkow@colliergov.net>; French)ames <jamesfrench@colliergov.net>, WilkisonDavid <DavidWilkison@colliergov.net>; BellowsRay<RayBellows@colliergov.net>; CasalanguidaNick <NickCasalanguida@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; OchsLeo <Lea0chs@colliergov.net>; GreeneColleen <ColleenGreene@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net> Subject: RE: NEW BEACH BOX APR: PL20170000623 Tony, Per staff's past practice, they will do their best to keep you informed. That said, there is no ongoing public records request. Please feel free to make a public records request from time to time to make sure nothing is missed. //,y 4 4tae-6�6 Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Anthony Pires rmailto:APires(&wol-legal coml Sent: Friday, March 24, 2017 7:50 AM To: BosiMichael Lc: AshtonHeidi; Klatzkowleff; Frenchlames; WilkisonDavid; BellowsRay; CasalanguidaNick; StrainMark; OchsLeo; GreeneColleen Subject: RE: NEW BEACH BOX APR: PL20170000623 Again, thank you Mike for a copy of that letter. As you are aware, I represent a number of parties interested in any and all applications to obtain any administrative parking reduction (APR) at the property that is the subject of the current application, P1-20170000623. My clients also qualify as either or both an "affected property owner" and/or as an "aggrieved or affected party' relating to any land use approvals, including any APR, at the property that is the subject of the current application. My clients also have a "direct and immediate" interest in the above noted application PL20170000623. My clients and I have been actively involved in prior APRs and appeals of APRs concerning this property and actively participated in proceedings before the Collier County Commission concerning the property. As you may recall, on April 12, 2016, a process was established whereby County staff would timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any decision regarding an APR re-evaluation for a prior application for this same property, in order to afford my client(s) the opportunity to determine if an appeal would be filed. As a result this is a request that when any materials and documents are submitted by the Applicant, that copies be provided to me and further that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and decision regarding any APR for the subject property, including but not limited to PL20170000623. Thankyou Tony Anthony P. Pires, Jr., B.C.S. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wi)l-leqal.com wol-leaal.com Firm Website: www.wnl-Ieaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: BosiMichael[mailto:MichaelBosiCatcolliereov.netl Sent: Tuesday, March 14, 2017 9:49 AM To: Anthony Pires <APires0Dwol-Ieaal.com> Subject: RE: NEW BEACH BOX APR: PL20170000623 Sorry about the delay. From: Anthony Fires rmailto:APires(&wpl-leoal.com] Sent: Tuesday, March 14, 2017 9:22 AM To: BosiMichael Cc: GreeneColleen Subject: FW: NEW BEACH BOX APR: PL20170000623 Importance: High Good morning Mike. Please send me your denial letter in PL20170000623 It is not available at CityView Tony From: Anthony Pines Sent: Thursday, March 09, 2017 4:23 PM To: BosiMichael (MichaelBosi@colliergov.neg <MichaelBosi@mlliergov.net> Cc: 'GreeneColleen'<ColleenGreenePcolliergov.net> Subject: NEW BEACH BOX APR: PL20170000623 Importance: High Good afternoon Mile. Hope all is well. Could you send me your denial letter in PL20170000623 Thanks Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamil Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wol-leaal.com Firm Website: www.wpi-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. April 12, 2016 with the Sheriffs Office to ensure that EMS is prepared for the switchover to the new program. He's been in charge also of arranging installation of a new system called Locution which is a station alerting system to alert the ambulance crews when a call has been received. The program sends out warning tones, strobe lights within the station and red lights to awaken crews at night. His dedication and commitment to this project, in addition to his regular responsibilities as a paramedic/firefighter make him very deserving of the Employee of the Month Award, and Commissioners, it's my honor to present Geoffrey Swets, your Employee of the Month for March, 2016. Congratulations, Geoffrey. (Applause.) CHAIRMAN FIALA: And from there, Leo? Item #6A PUBLIC PETITION REQUEST FROM MR. ANTHONY P. PIRES JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT STAFF TO REEVALUATE THE STAFF APPROVED ADMINISTRATIVE PARKING REDUCTION FOR THE BEACH BOX CAFE LOCATED AT 9020 GULF SHORE DRIVE, NAPLES, AND TO FURTHER DIRECT STAFF TO BRING RECOMMENDATIONS TO THE BOARD TO AMEND LAND DEVELOPMENT CODE PROVISIONS RELATED TO ADMINISTRATIVE PARKING REDUCTIONS TO REQUIRE NOTICE BE PROVIDED TO SURROUNDING PROPERTY OWNERS — DISCUSSED; STAFF TO RE-EVALUATE AND PROVIDE THE REQUIRED NOTICE TO MR. PIRES AND THE Page 32 April 12, 2016 SURROUNDING PROPERTY OWNERS MR. OCHS: Yes, ma'am. That takes us to Item 6.A. This is a public petition request from Mr. Anthony Pires, Jr. on behalf of the Vanderbilt Beach Residents Association, requesting that the Board direct staff to reevaluate the staff approved administrative parking reduction for the Beach Box Cafe. MR. PIRES: Madam Chairman, members of the Board, thank you very much for this opportunity. My name is Tony Pires and I represent the Vanderbilt Beach Residents Association on this public petition. And thank you for having the opportunity for the public to bring these matters forward. As articulated in the petition, the reason for this public petition is two things, twofold: An action by staff and the growth management division in reevaluating, reviewing and setting aside an administrative parking reduction for the Beach Box Cafe that resulted in a parking reduction from the required 47 parking spots to 16, which is a 60 some odd percent reduction in parking and one-third of the required space under this approved parking reduction would be provided, that's all, in a very busy area. And also the second request would be providing direction to county staff and have staff bring back recommendations to this Board and the Planning Commission to modify and change the Land Development Code to give notice to adjacent and surrounding property owners of these parking reductions. In this particular case, as I said, the Beach Box Cafe, unbeknownst to the property owners in the area on Vanderbilt Beach applied for and in September of 2015 received a parking reduction administratively at the staff level to reduce the parking from the otherwise required 47 parking spots to 16. This was not found out or discovered by the residents until December 22nd of 2015. Page 33 April 12, 2016 In the packet of materials that were provided with the agenda material and the public petition, outlined the emails that were made and sent to county staff numerous times requesting reevaluation. Again and again and again. December 22nd, January 14th, January 28th, February 27th and March 3rd. And it's unfortunate we have to bring this to the Board. We try to generally work these out at the staff level. For sake of reference for those who may not be familiar with that area, if I can put this on the visualizer. And Leo will help me orient it correctly, hopefully. Thank you. You can see that the location of the Beach Box Cafe is in yellow. This is Vanderbilt Beach Road. This is Gulf Shore Drive. This is the area of the county parking garage. This is the Beachmoor Residential Condominium. And this is the Beach Door of Naples. You can see that the property owners in this area will be and have been greatly impacted by this administrative parking variance. In fact, in the agenda packet you! 11 find five letters or letters from the various surrounding property owners and residents and businesses expressing their concern with regards to the variance that was granted in this case. The applicant has indicated many interesting things in their application. And one is that there is a nearby beach parking garage. Well, the problem with that is it's got 375 parking spots. We all know how it is in the season, and it's open 8:00 a.m. to sundown. Therefor the parking spots are not available after sundown, or before 8:00. And you have a facility that outdoor activities or proposes outdoor activities and a cafe that is open after sundown. You also have in this issue; I think in reality it's over an 84 percent reduction in parking. The parking reduction justification, and there are two of them in the material found in CityView portal on-line. The one dated September of 2015, it reflects that there is proposed uses (sic), and if you add up the parking spaces required for the proposed Page 34 April 12, 2016 uses versus the existing, it's 36. And if you subtract the parking for the existing uses, which is 11, you are basically reducing the parking from 36 parking spaces to five. And again, that's about an 84 percent reduction in parking. What's also interesting about this application, there was a fust application in August that reflected that they had additional parking obtained by lease agreement. We asked for a copy of that lease agreement, never received one. That document indicated that there were 32 spaces available in August. Now they're saying there's 16 available in September. And they've dropped the lease issue. But it's interesting, it says the existing parking spaces are frequented by residents of the building and employees with little parking left over for customer access. So what's going on is that the residents and the property owners in this area are suffering the brunt of the reduction in parking on this particular facility that was granted again without any public notification to them. This no notice process fails to safeguard adjacent and surrounding property owners and residents from reduction and required on-site parking, particularly when there are major reductions in required on-site parking. 47 required, 16 approved as in the Beach Box situation. Part of the rationale, also that county staff provided, was that the applicant said, well, you know what, it's kind of like Fort Myers Beach, the Town Square area. I'm not sure we want the Gulf ShoreNanderbilt Beach area to be considered our little town of Fort Myers Beach Town Square. Additionally, in Fort Myers Beach, that town council made a legislative determination. There is an ordinance that says you have various parking that we the town have set aside. There is no such legislative finding in Collier County with regards to this area of Page 35 April 12, 2016 Vanderbilt Beach or in the county. We would request then again that the Board direct the staff to bring back to the Board: number one, reasons for the inaction; number two, reevaluate this application and re -send this application and also direct staff to bring back before the Board a process to provide notice to adjacent or surrounding property owners when you have such a huge reduction in parking. Thank you. CHAIRMAN FIALA: So as you know, we can't really discuss this now or have any other speakers, but would Board members desire to bring this back -- COMMISSIONER TAYLOR: Yes. CHAIRMAN FIALA: -- to a regular agenda? COMMISSIONER TAYLOR: I'd like to make a motion that we COMMISSIONER HILLER: Hang on a second. Before we make a motion, I'd like to hear from the County Attorney and from staff. I think both of them want to -- COMMISSIONER TAYLOR: I thought we can't -- I thought we couldn't discuss this. COMMISSIONER HILLER: No, we're not discussing it, but they can give us guidance. MR. KLATZKOW: You have a certain process here that's already in place. Mr. Bosi will introduce that existing process. And after that you'll have the option of either going forward with that process or coming back with an executive summary. MR. BOSI: Mike Bosi, Director of Planning/Zoning. And I won't get into the specifics of the criteria that was established to grant this administrative parking reduction. When we issue an administrative parking reduction, we offer those on a provision or a conditional basis that if information as provided is not inaccurate, that if it was called to the county staff Page 36 April 12, 2016 attention that the parking -- (Cell phone ringing.) COMMISSIONER HILLER: Someone has to turn off something. Somebody's playing music somewhere. CHAIRMAN FULA: I think he got it turned off. MR. BOSI: If the conditions -- basically if the conditions stated in the application do not prove to bear that there's adequate parking, a revaluation can be provided for, and from that revaluation the applicant will be brought in and a determination as to what's the most appropriate in terms of the parking reduction. MR. KLATZKOW: Would you put the second page up? MR. BOSI: And -- MR. KLATZKOW: No, the second page of that letter, Michael. You'll notice on the second page, whenever we do one of these parking changes, they're conditional. They're not forever. So that if it ever comes to our attention that there's a problem, staff retains the ability to revisit it. MR. BOSI: So based upon the potential direction today for staff to evaluate this -- these -- the conditions of the parking reduction based upon some new information that has been presented to staff regarding the issue, staff could go back and make a revaluation of that original determination. Based upon that revaluation, all parties would be -- could be notified. And we have a provision within our code that could be -- that would be -- remedies to anyone who disagreed with that. And that's a provision within our Code of Laws and Ordinances, basically which provides for an administrative appeal for anything that's provided for by general purpose government on an administrative level, which this is, an administrative parking reduction. After the determination after revaluation, a party that felt that they disagreed with it could seek that administrative appeal and then ultimately the decision would be Page 37 April 12, 2016 arbitrated by the Board of Zoning Appeals, which is this body, within the public venue. CHAIRMAN FIALA: Tony, would that work out for you and your clients? MR. PIRES: If I may approach? It would be, if we knew what was going on. I think that's the fundamental issue in this case, that you have a zoning -- you have an APR approved September 22nd, 2015. No notice to anyone. MR. KLATZKOW: What we're saying, Tony -- MR. PIRES: December 22nd we found out about it. MR. KLATZKOW: Tony, Tony, what we're saying is that staffs going to reevaluate it. They're going to come back with another decision. I don't know what the decision's going to be. You will be given notice of that decision. If that decision is something that you disagree with, you have an administrative process to appeal to the BZA. MR. PIRES: If there is the assurance that my clients and I will receive notice of that decision timely, then that would be acceptable for us to -- if we feel that there's further action needed. But once again, that's the fundamental issue we would suggest, that also on a going forward basis that provision be provided in the -- MR. KLATZKOW: You will be given notice. MR. PIRES: For others. I'm talking about other people in the county, too. But thank you as to this. If that's going to -- CHAIRMAN FIALA: Would that for right now -- MR. PIRES: That's correct. That's this issue, Madam Chairman, yes. CHAIRMAN FIALA: If then you have any problems, you come back. MR. PIRES: We sure will, if we get notice. Hopefully we'll get notice. And we have the assurance that we will be getting notice Page 38 April 12, 2016 timely. COMMISSIONER TAYLOR: And maybe this board could get notice. MR. OCHS: What kind of notice? MR. KLATZKOW: No, the notice would be -- Michael is going to be revisiting this. He's got additional information, okay, as far as the parking number of space reduction, okay? That decision you'll be copied on, okay? If you disagree with that decision or if the property owner disagrees with that decision, there's an appeal from that decision set forth in the LDC. At that point in time it will go to the BZA. That's the process we have. CHAIRMAN FIALA: And that will work out with you, Tony? MR. PIRES: Yes. And again, assuming that no one challenges the Vanderbilt Beach Residents Association not having standing, which some people have done that in the past. So we may have individuals also filing the appeal. But thank you, yeah, that would be -- that would be extremely helpful and provide that opportunity for review. Thank you. CHAIRMAN FIALA: Well, then I'll ask the other Commissioners to just hold their comments until we get this settled. It seems like both parties right now are willing to talk and settle this. And then I'll ask that if you need to come back, you'll be here and the two members that wanted to speak will speak at that time. Thank you. Okay. Moving on. MR. PIRES: Thank you very much. CHAIRMAN FIALA: Thank you. Item #l0E TO CONSIDER INFORMATION PRESENTED BY MR. GARY Page 39 MARCH 30, 2017 FOLLOW-UP EMAIL REQUEST TO COUNTY STAFF Anthony Pires From: Anthony Pines Sent: Thursday, March 30, 2017 7:50 AM To: BosiMichael (MichaelBosi@colliergov.net); Klatzkowleff;'AshtonHeidi'; WilkisonDavid; BellowsRay (RayBellows@colliergov.net); CasalanguidaNick; OchsLeo; GreeneColleen; FrenchJames Cc: 'AndySolis@colliergov.net' Subject: FW: NEW BEACH BOX APR: PL20170000623 Attachments: BCC%20Minutes%2004122016%20R pp 54 to 61.pdf Importance: High Mike, David, I thus reiterate my request that when any materials and documents are submitted by the Applicant, that copies be provided to me and further, consistent with the prior assurance before the Board, that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and any decision regarding any APR for the subject property, including but not limited to PL20170000623. Please advise. 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 aoires@wol-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. From: Anthony Pires Sent: Friday, March 24, 2017 9:28 AM To: 'AshtonHeidi'<HeidiAshton@colliergov.net> Cc: KlatzkowJeff <JeffKlatzkow@colliergov.net>; FrenchJames <jamesfrench@colliergov.net>; WilkisonDavid <DavidWIIkIson@colliergov.net>; BellowsRay <RayBellows@colliergov.net>; CasalanguidaNick <NickCasalanguida@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; OchsLeo <Leo0chs@colliergov.net>; GreeneColleen <ColleenGreene@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net> Subject: RE: NEW BEACH BOX APR: PL20170000623 Good morning Heidi. I believe this is a situation where the Board wanted my client(s) to be affirmatively notified of a decision. Please see the discussion involving the prior APR for this same property. April 12, 2016 arbitrated by the Board of Zoning Appeals, which is this body, within the public venue. CHAIRMAN FIALA: Tony, would that work out for you and your clients? MR. PIKES: If I may approach? It would be, if we knew what was going on. 1 think that's the fundamental issue in this case, that you have a zoning — you have an APR approved September 22nd, 2015. No notice to anyone. MR. KLATZKOW: What were saying, Tony — MR. PIRES: December 22nd we found out about it. MR. KLATZKOW: Tony, Tony, what were saying is that staffs going to reevaluate it. They're going to come back with another decision. 1 don't know what the decision's going to be. You will be given notice of that decision. If that decision is something that you disagree with, you have an administrative process to appeal to the BZA. MR. PIRES: If there is the assurance that my clients and I will receive notice of that decision timely, then that would be acceptable for us to -- if we feel that there's further action needed. But once again, that's the fundamental issue we would suggest, that also on a going forward basis that provision be provided in the -- MR. KLATZKOW: You will be given notice. April 12, 2016 timely. COMMISSIONER TAYLOR: And maybe this board could get notice. MR. OCHS: What kind of notice? MR. KLATZKOW: No, the notice would be -- Michael is going to be revisiting this. He's got additional information, okay, as far as the parking number of space reduction, okay? That decision you'll be copied on, okay? If you disagree with that decision or if the property owner disagrees with that decision, there's an appeal from that decision set forth in the LDC. At that point in time it will go to the BZA. That's the process we have. CHAIRMAN FIALA: And that will work out with you, Tony? MR. PIKES: Yes. And again, assuming that no one challenges the Vanderbilt Beach Residents Association not having standing, which some people have done that in the past So we may have individuals also filing the appeal. But thank you, yeah, that would be -- that would be extremely helpful and provide that opportunity for review. Thank you. Anthony P. Pines, Jr., B.C.S. Woodward, Pines & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aDires@wDi-leaal.com Firm Website: www.wpl-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: AshtonHeidi[mailto:HeidiAshton@colliereov.net] Sent: Friday, March 24, 2017 8:43 AM To: Anthony Pines <APires@wul-IezaLcom> Cc: Klatzkowleff<JeffKlatzkow@colliergov.net>; FrenchJames<iamesfrench@colliereov.net>; WildsonDavid <DavidWilkison@collier¢ov.net>; BellowsRay<RavBeIIows@colliereov.net>; CasalanguidaNick <NickCasalan¢uida@colliereov.net>; StrainMark <MarkStrain@colliergov.net>; OchsLeo <LeoOchs@collier¢ov.net>; GreeneColleen <ColleenGreene@colliereov.net>; BosiMichael <MichaelBosi@colliereov.net> Subject: RE: NEW BEACH BOX APR: PL20170000623 Tony, Per staff's past practice, they will do their best to keep you informed. That said, there is no ongoing public records request. Please feel free to make a public records request from time to time to make sure nothing is missed. llwl, Iklt elb Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239)252-8400 From: Anthony Fires rmailto:APiresCalwpl-legal.com] Sent: Friday, March 24, 2017 7:50 AM To: BosiMichael Cc: AshtonHeidi; Klatzkow]eff; French3ames; WilkisonDavid; BellowsRay; CasalanguidaNick; StrainMark; OchsLeo; GreeneColleen Subject: RE: NEW BEACH BOX APR: PL20170000623 Again, thank you Mike for a copy of that letter. As you are aware, I represent a number of parties interested in any and all applications to obtain any administrative parking reduction (APR) at the property that is the subject of the current application, PI-2O17OOOO623. My clients also qualify as either or both an "affected property owner" and/or as an "aggrieved or affected party" relating to any land use approvals, including any APR, at the property that is the subject of the current application. My clients also have a "direct and immediate" interest in the above noted application PI -2O170000623. My clients and I have been actively involved in prior APRs and appeals of APRs concerning this property and actively participated in proceedings before the Collier County Commission concerning the property. As you may recall, on April 12, 2016, a process was established whereby County staff would timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any decision regarding an APR re-evaluation for a prior application for this same property, in order to afford my client(s) the opportunity to determine if an appeal would be filed. As a result this is a request that when any materials and documents are submitted by the Applicant, that copies be provided to me and further that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and decision regarding any APR for the subject property, including but not limited to PI-2O17O000623. 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 aoires 0wol-leaal.com Firm Website: www.woi-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: BosiMichael [mailto:MichaelBosiPcolliereov. net] Sent: Tuesday, March 14, 2017 9:49 AM To: Anthony Pires <APlrest7a Wal-Ieeal.com> Subject: RE: NEW BEACH BOX APR: PL20170000623 Sorry about the delay. From: Anthony Pires [mailto:APiresColwol-leaal.coml Sent: Tuesday, March 14, 2017 9:22 AM To: BosiMichael Cc: GreeneColleen Subject: FW: NEW BEACH BOX APR: PL20170000623 Importance: High Good morning Mike. Please send me your denial letter in PL20170000623 It is not available at CityView Tony From: Anthony Pires Sent: Thursday, March 09, 2017 4:23 PM To: BosiMichael (MichaelBosi(mcollierzov.net) <MichaelBOsfZDcolllergoy.net> Cc: 'GreeneColleen'<ColleenGreenet@collieraov.net> Subject: NEW BEACH BOX APR: PL20170000623 Importance: High Good afternoon Mile. Hope all is well. Could you send me your denial letter in PL20170000623 Thanks Anthony P. Pires, Jr., B.C.S. Woodward, Pines & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aDiros@wpl-leaal.com Firm Website: www.wi)l-leaal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 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. APRIL 3, 2017 FOLLOW-UP EMAIL REQUEST TO COUNTY STAFF Anthony Pires From: Anthony Pires Sent: Monday, April 03, 2017 4:26 PM To: WilkisonDavid; BosiMichael (MichaelBosi@colliergov.net); CasalanguidaNick; OchsLeo; BellowsRay (RayBellows@colliergov.net); StrainMark; Klatzkowleff;'AshtonHeidi'; GreeneColleen; FrenchJames Cc: 'AndySolis@colliergov.net' Subject: FW: NEW BEACH BOX APR: PL20170000623 Attachments: BCC%20Minutes%2004122016%20R pp 54 to 61.pdf Importance: High Mike, David, Nick, Leo, I have repeatedly made two requests concerning this new APR application. The only response to date has been that from Heidi, that there is no ongoing public records request (a response to "A" below) I have yet to receive the courtesy of any reply as to "B" below I am not quite sure why my clients are receiving treatment 180 degrees different than that recently provided to other interested groups or persons. Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lecial.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, March 30, 2017 7:50 AM To: BosiMichael (MichaelBosi@colliergov.net) <MichaelBosi@colliergov.net>; KlatzkowJeff <JeffKlatzkow@colliergov.net>;'AshtonHeidi <HeidiAshton@colliergov.net>; WilkisonDavid <DavidWilkison@colliergov.net>; BellowsRay (RayBellows@colliergov.net) <RayBellows@colliergov.net>; CasalanguidaNick<NickCasalanguida@colliergov.net>; OchsLeo <LeoOchs@colliergov.net>; GreeneColleen <ColleenGreene@colliergov.net>; FrenchJames <jamesfrench@colliergov.net> Cc:'AndySolis@colliergov.net' < @colliergov. AndySolis net> Subject: FW: NEW BEACH BOX APR: PL20170000623 Importance: High Mike, David, A. I thus reiterate my request that when any materials and documents are submitted by the Applicant, that copies be provided to me and B. further, consistent with the prior assurance before the Board, that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and any decision regarding any APR for the subject property, including but not limited to PL20170000623. Please advise. 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@wpI-Ieqa1.com Firm Website: www.wol-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Friday, March 24, 2017 9:28 AM To:'AshtonHeldl' <Heid iAshton@collierRov. net> CC: Klatzkowleff<JeffKlatzkow@col liergov. net>; FrenchJames<iamesfrench@collieraov.net>; WilkisonDavid <DavidWilkison(@colliereov.net>; BellowsRay <RaVBeIIcws@Celllergoy.net>; CasalanguidaNick <NickCasalaneuidapcolliergov.net>; Strain Mark <Mark5train(@colliergov.net>; OchsLeo <LeoOchs@collieraov.net>; GreeneColleen <ColleenGreenePcolliergov.net>; BosiMichael <MichaelBosi@colliereov.net> Subject: RE: NEW BEACH BOX APR: PL20170000623 Good morning Heidi. I believe this is a situation where the Board wanted my client(s) to be affirmatively notified of a decision. Please see the discussion involving the prior APR for this same property. April 12, 2016 arbitrated by the Board of Zoning Appeals, which is this body, within the public venue. CHAIRMAN FIALA: Tony, would that work out for you and your clients? MR. PIKES: If 1 may approach? It would be, if we knew what was going on. I think that's the fundamental issue in this case, that you have a zoning — you have an APR approved September 22nd, 2015. No notice to anyone. MR. KLATZKOW: What were saying, Tony — MR. PIRES: December 22nd we found out about it. MR. KLATZKOW: Tony, Tony, what we're saying is that staffs going to reevaluate it. They're going to come back with another decision. I dont know what the decision's going to be. You will be given notice of that decision. If that decision is something that you disagree with, you have an administrative process to appeal to the BZA. MR- PIRES: If there is the assurance that my clients and I will receive notice of that decision timely, then that would be acceptable for us to -- if we feel that there's further action needed. But once again, that's the fundamental issue we would suggest, that also on a going forward basis that provision be provided in the -- MR. KLATZKOW: You will be given notice. April 12, 2016 timely. COMMISSIONER TAYLOR: And maybe this board could get notice. MR. OCHS: What kind of notice? MR. KLATZKOW: No, the notice would be — Michael is going to be revisiting this. Hes got additional information, okay, as far as the parking number of space reduction, okay? That decision you'll be copied on, okay? If you disagree with that decision or if the property owner disagrees with that decision, there's an appeal from that decision set forth in the LDC. At that point in time it will go to the BZA. That's the process we have. CHAIRMAN FIALA: And that will work out with you, Tony? MR- PIRES: Yes. And again, assuming that no one challenges the Vanderbdt Beach Residents Association not having standing, which some people have done that in the past. So we may have individuals also filing the appeal. But thank you, yeah, that would be -- that would be extremely helpful and provide that opportunity for review. Thank you. Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-leqal.com 4Vi Firm Website: www.wol-lecal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: AshtonHeidi rmailto:HeidiAshton(dcolliergov.netl Sent: Friday, March 24, 2017 8:43 AM To: Anthony Pires <APires(@wol-legal.com> Cc: KlatzkowJeff <JeffKlatzkow@collieraov.net>; FrenchJames <iamesfrenchPcolliereov.net>; WilkisonDavid <DaviciWilkisonPcolliereov.net>; BellowsRay<RavBellowsPcolliereov.net>; CasalanguidaNick <NickCasalaneuidaPcollieraov.net>; StrainMark <MarkStrain@colliereov.net>; OchsLeo <LeoOchs(@colliereov.net>; GreeneColleen <ColleenGreenePcolliereov.net>; BosiMichael <MichaelBosipcolliereov.net> Subject: RE: NEW BEACH BOX APR: PL20170000623 Tony, Per staffs past practice, they will do their best to keep you informed. That said, there is no ongoing public records request. Please feel free to make a public records request from time to time to make sure nothing is missed. if-yi,401iie el -k Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Anthony Pires rmallto:APIres0wDI-leaal.coml Sent: Friday, March 24, 2017 7:50 AM To: BosiMichael Cc: AshtonHeidi; KlatzkowJeff; FrenchJames; WilkisonDavid; BellowsRay; CasalanguidaNick; StrainMark; OchsLeo; GreeneColleen Subject: RE: NEW BEACH BOX APR: PL20170000623 Again, thank you Mike for a copy of that letter. As you are aware, I represent a number of parties interested in any and all applications to obtain any administrative parking reduction (APR) at the property that is the subject of the current application, PL20170000623. My clients also qualify as either or both an "affected property owner" and/or as an .,aggrieved or affected party' relating to any land use approvals, including any APR, at the property that is the subject of the current application. My clients also have a "direct and immediate" interest in the above noted application PL20170000623. My clients and I have been actively involved in prior APRs and appeals of APRs concerning this property and actively participated in proceedings before the Collier County Commission concerning the property. As you may recall, on April 12, 2016, a process was established whereby County staff would timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any decision regarding an APR re-evaluation for a prior application for this same property, in order to afford my clients) the opportunity to determine if an appeal would be filed. As a result this is a request that when any materials and documents are submitted by the Applicant, that copies be provided to me and further that County staff timely provide notice to me, as the attorney for the Vanderbilt Beach Residents Association, Inc., of any responses and decision regarding any APR for the subject property, including but not limited to PL20170000623. Thank you. Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tani Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aDires@wDi-leaal.com Firm Website: www.wol-leoal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: BosiMichael [mailto:MichaelBosiPcollier¢ov.netl Sent: Tuesday, March 14, 2017 9:49 AM To: Anthony Pires <APires@wol-le2al.com> Subject: RE: NEW BEACH BOX APR: PL20170000623 Sorry about the delay. From: Anthony Pires fmailto:APiresCalwol-leoal.coml Sent: Tuesday, March 14, 2017 9:22 AM To: BosiMichael Cc: GreeneColleen Subject: FW: NEW BEACH BOX APR: PL20170000623 Importance: High Good morning Mike. Please send me your denial letter in PL20170000623 It is not available at CityView Tony From: Anthony Pires Sent: Thursday, March 09, 2017 4:23 PM To: BosiMichael (MichaelBosiCalcolliereov.net) <MichaelBosi@collieraov.net> Cc: 'GreeneColleen'<ColleenGreene@colliergov.net> Subject: NEW BEACH BOX APR: PL20170000623 Importance: High Good afternoon Mile. Hope all is well. Could you send me your denial letter in PL20170000623 Thanks Anthony P. Pires, Jr., B.C.S. Woodward, Pines & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wDl-leaal.com Firm Website: www.wol-leoal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 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.