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CR 11/14/2017 11/13/2017 . 56 r„,„ , „ ...r.. . . , - :- Iii,c,J. „,. Hurricane Irma - Report to the Board 11 . 14 . 2017 DAN E.SUMMERS,DIRECTOR COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND EMERGENCY MANAGEMENT JAMES FRENCH DEPUTY DIRECTOR-GROWTH MANAGEMENT DIVISION Recovery Effort- Focus Areas: ► Survivor/Neighbor Assistance ► Debris Removal ► Questions/Comments ' '-4 A „„1 ,,moi a L (> evncuenon zowes 111)LCil-1 1 11/13/2017 Survivor and Neighbor Assistance: 0- FEMA Registrants: 71,505 have registered with FEMA in Collier County up from 69K. • Golden Gate Community Center-DAC- 100 registrant's +- per day. Plans being formulated for additional DAC at both Immokalee and Everglades City before closure on Nov. 29th Some highlights of the assistance: $8,530,000 has been made available under Housing for other needs up from 7.1 million. • 35 families are in hotels out of Collier County down from 62 • 95 families are in hotels in Collier County down from 162. Survivor and Neighbor Assistance: • 25,774 housing inspections have been issued, 24,211 have been returned= 94% complete. • 85 families are eligible for FEMA supplied housing- 17 have Moved- In. $21,737,000 has been provided in Housing Assistance. FEMA's standard method to verify a loss from disaster damage and to determine initial eligibility is an onsite inspection by a FEMA inspector. Home damage must be disaster-related. • Salvation Army, Catholic Ministries, American Red Cross, Immokalee Interagency Participants, United Way, Community Foundation of Collier County and many others are continuing and in some cases expanding Client Assistance Services. 2 11/13/2017 3 Ways to Apply for Disaster Aid APPLY FOR FEMA AID ONLINE BY PHONE 800-621-3362 Have this information (711/Video Relay Service) ready when you apply: 800-462-7585 FM disasterassistance.gov Social Security number • Address of the damaged home or apartment • Description of the damage IN PERSON • about insurance coverage At one of our • Telephone number Disaster Recovery Centers • Mailing address • Bank account&routing numbers for ,�;�•. direct deposit of funds WEB:www.disasterassistance.gov November 29th is the last day to apply for PHONE:800 6213362(7tt;videoRelayservice) FEMA Assistance! rry:800-462-7585 DAC's will no longer be open on Sunday. 0}-'¢'MA WHAT to EXPECT atk'r YOU APPLY fief' FEMA AID Return the Inspector's Call! Sooner you make contact, ACALL IFYOU RECEIVEANSBA LOAN:r, a;s sooner your claim will be FROMA ,r ,n „r, „ , ,,,`„, , handled.! FEMA INSPECTOR 1a► • ABRIEF A DECISION INSPECTOR'S LETTER VISIT FEMA VE111-SI11E -e. '' DISASTER RECOVERY FEMA CENTER 3 11/13/2017 is r Debris Removal: Report as of COB Sunday Nov. 12th. 2,671,246 Cubic Yards.Total to date: ,?:= z k. 197 Trucks-55-65,000 yards per day. peit. ► Summary of hazardous leaner and hanger work (daily or week-end) ► Week-ending October 27, 2017 2,410 Hangers/55 Leaners ► Week-ending November 3, 2017 1 1,763 Hangers/802 Leaners ► Week-ending November 10, 2017 5,640 Hangers/283 Leaners ► November 11, 2017 96 Hanger/9 Leaners ► November 12, 2017 61 Hangers/6 Leaners Debris Removal continued : ► Citizen Drop-off Sites Accepting Debris from Collier County Residents ► Immokalee Transfer Station (Closed Sunday) ► Naples Airport ► Carnestown Recycling Center(Closed Sunday) ► Santa Barbara Site ► The following is the current criteria for debris removal: ► Debris in the County right-of-way's. �— ► Horticulture debris must be separated from construction debris and bulky items. ► Horticulture waste must be in piles and not in containers or plastic bags ► Conforming piles (up to 10)will be collected by Waste Management (WMI) ► Private Non-Gated roads eligible for collection ► Collection underway in gated communities with signed ROE Forms. 4 11/13/2017 Questions or Comments: ► Thank you. � r www.disasterassistance.gov 5 FF•fR 4 6 '` �`, vF Direct Housing Fact Sheet `4 "'Collier County a� , ` R f ,,,- .....74-Ar,96 6:xaa flb County Deadline to Apply for Disaster Assistance is Near IHP Program $$Approved %Total Housing Assistance $22,034,027.77 72% Florida homeowners, renters or business Other Needs $8,623,379.76 28% owners who sustained property damage or loss Total $30,657,407.53 100% caused by Hurricane Irma have less than two weeks to apply for federal disaster assistance. Registrations Valid Registrations 71,724 The deadline to register for FEMA assistance and to apply for low-interest disaster loans from Site Inspections the U.S. Small Business Administration (SBA) is Inspections Issued 5,105 Friday, Nov. 24,2017. Inspections Returned 4,838 %Complete 95% You should register even if you have insurance. FEMA cannot duplicate insurance payments, Rental Assistance but may provide eligible homeowners and Applicants 10,120 renters money for losses not covered by insurance to help pay for basic home repairs, Transitional Sheltering Assistance temporary rental assistance and other needs Hotel Location Households Total Survivors such as replacing personal property. FEMA Out of County 37 77 In Collier 105 245 Individual Assistance is grant money that does Total 142 322 not have to be repaid. FEMA Supplied Housing You may register in one of the following ways: Eligible 85 • Online at DisasterAssistance.gov. Moved-in Moved-out • Call the FEMA Helpline at 800-621-3362 for Commercial 10 1 voice, 711 and Video Relay Service (VRS). If Private 2 you are deaf, hard of hearing, or have a Direct Lease 10 speech disability and use a TTY,call 800- Current 22 462-7585. Help is available in many languages. Helpline numbers are open from Select Cities Eligible for FEMA Housing Solution 7 a.m.to 11 p.m. EST,seven days a week. Naples 40 • Visit Everglades City 17 fema.gov/medialibrary/assets/videos/1115 Immokalee 11 46 for information in American Sign Chokoloskee 5 Language. Marco Island 4 • Download the FEMA Mobile App and apply. Goodland 2 You may also visit a Disaster Recovery Center 1 I where FEMA specialists and SBA I representatives will be available to answer 1 questions. A list of DRC5 is available on the 1 FEMA Mobile App, online at fema.gov/disasterColliOr County - recovery-centers or by calling the FEMA Helpline. I- ,- "I... 11/13/2017 DR 4337 *(''*/': - ? First Florida - Integrity Bank L November 14, 2017 Dear Commissioners: First off,thank you for your service and commitment to Collier County. I regret that I am not able to personally present my comments in support of our Economic Incubator, Inc. (EII). I am in New York. If I were in Naples, I would surely be at this meeting to present to you my motivation for support and involvement in this successful endeavor. I first became aware of this opportunity when I represented Collier County in the Florida State Senate. I was asked by the county to advocate for funding of this economic engine after it was unanimously approved by the County Commissioners a few years ago. I had discussions with each member of the board of county commissioners, both one on one and in a public forum. Each year,the Collier County delegation meets publically with the commissioners to hear their priorities. I became convinced that this project, initiated and prioritized by the commissioners,was worthy and it was well aligned with my priorities....jobs,jobs,jobs! At the request of Collier County, I successfully advocated for funding in the appropriations bill that was sent to the Governor in four successive sessions. Twice the appropriation was approved by the Governor and twice it was vetoed,along with numerous other vetoes. Delays,that I would label bureaucratic,"caused the initial funding to be limited to approximately 25%of the appropriation the first year. The terms of an associated clawback agreement were not scaled back even though the appropriation did not fully fund. I understand there is an effort underway to amend the clawback agreement to align it with the amount funded. For four successive years, I was asked by Collier County to support and fund Ell. I now ask Collier County to do the same thing.... Please support and continue to fund this economic engine. The Return on Investment of Ell will be explained by others this morning,as well as the plan to continue to create and recruit diversified job opportunities in Collier County, both at the Naples Accelerator and at the Food Accelerator in Immokalee. The vision of the prior board of county commissioners has been realized and is continuing to develop. My hope is that this vision will continue and that the county will take great pride in the impact of its economic efforts in Naples and Immokalee. Please vote to continue this good program.Thank you. Regards, -,K_ , '' Garrett Richter 'President&CEO Post Office Box 10910,Naples,FL 34101 (239)348-8000 Office (239)213-3342 Fax I/ EXECUTIVE SUMMARY Recommendation to fund a Tourism Division Sponsorship for a Post Hurricane Irma Concert event in the downtown Naples area up to $125,000,approve and authorize the Chairman to sign a Memorandum of Understanding with the Community Foundation,and make a finding that this item promotes tourism. OBJECTIVE: Approve sponsorship of Post Hurricane Irma Concert and authorize award of $125,000 to the Community Foundation for event sponsorship. CONSIDERATIONS: Our community was impacted heavily by Hurricane Irma on September 10 and many of our residents and tourism industry businesses are still suffering. There are still some negative perception that Collier County is still not open for business, and this event could help overcome that perception. To encourage vacationers and meeting attendees to come back to Florida's Paradise Coast, a concert named "Naples is Rockin" has been planned for December 9, 2017 on the property adjacent to Naples Square in downtown Naples. The concert is being organized by McQuaid and Company, a Naples based company, and sponsorships are being actively solicited from private sector companies to support the projected total event cost of $174,000. The Tourism Division suggests a contribution from our reserve funds of$125,000 to defray some of the operating costs for the event; $15,500 of that amount will be provided directly to McQuaid and Company using a standard County Purchase Order to manage the concert. McQuaid and Company, the production company, will be charging an admission charge of $25 for General Admission, $55 for Reserved seating, and $125 for VIP reserved seating. The admission charges will help to defray some of those operating costs of the event, and those funds will be forwarded to the Community Foundation to pay the balance of the operating costs. It is anticipated that the production company in concert with the Tourism Division staff would solicit and collect the other sponsorship dollars to forward those funds to the Community Foundation to defray the costs for the talent and other operating expenses. The Tourism Division requests Board permission to formally enter into a Memo of Understanding with the Community Foundation of Collier County to provide the Tourist Development Tax funds to sponsor the event. Sponsorship funds will be provided to the Community Foundation following approval of the Memorandum of Understanding by both parties. The Community Foundation and the United Way will utilize their Irma Relief Funds to collect donations before during and after the concert and to direct proceeds from this concert event to one or more of the unmet needs in the community resulting from Hurricane Irma. An estimate of the event expenses is attached. The list of entertainers will be released as soon as contracts are finalized. The City of Naples approved an event permit on November 1 for this event and is in full support of this endeavor. The Collier County Sheriff's Department has agreed to provide event security at no cost, and Collier County EMS will provide standby Emergency Medical Services at no cost. FISCAL IMPACT: Funding of$125,000 for this sponsorship(including 4,500 to McQuaid and Company)is available in Fund 193 and Fund 184 in the Tourism Division approved FY 18 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 6-1 at the October 23, 2017 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: Recommendation to fund a Tourism Division Sponsorship for a Post Irma concert event in the downtown Naples area up to $125,000, approve and authorize the Chairman to execute a Memorandum of Understanding with the Community Foundation and make a finding that this item promotes tourism. Prepared by: Jack Wert, Tourism Director Attachments: Projected event costs NAPLES IS ROCKIN CONCERT PROJECTED BUDGET EXPENSE EST. COST TOTALS OPERATING Portable Toilets/Sinks $7,000 Waste Management $2,500 Barricades (traffic & crowd) $2,500 Generators/Light Towers $10,000 Venue Fencing $6,000 Security/Safety* $0 EMS* $0 Tent Rentals $8,000 Ticket Ops/Cash Control $5,000 City Permits $500 Total Operating Costs $41,500 ENTERTAINMENT Stage Rigging& Production $30,000 Headliner Entertainment $62,500 Warm up act# 1 $3,500 Warm up Act#2 $12,500 Total Entertainment Cost $108,500 PROMOTIONAL Event Promotion printing $2,500 Banners/signage, etc $2,500 Social Media $7,500 Local Media Sponsor $7,500 Total Promotional Cost $20,000 EVENT STAFF Event Management Staff $4,000 $4,000 TOTAL EXPENSES $174,000 * Donated by Collier County Sheriff and Collier County EMS . ��0: 11 (�- MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE COMMUNITY FOUNDATION OF COLLIER COUNTY This Memorandum of Understanding, dated the 14th day of November, 2017, by and between Collier County Board of County Commissioners("Collier County"), a Political Subdivision of the State of Florida,and the Community Foundation of Collier County,Inc.("Community Foundation"),a Florida Not- For-Profit Corp., is entered into for the purpose of Collier County providing financial sponsorship to the Community Foundation for expenses directly related to the Naples is Rockin' Post Hurricane Irma Concert. WHEREAS, Collier County was impacted heavily by Hurricane Irma on September 10, 2017, and many County residents and tourism industry business are still suffering as a result; and WHEREAS, McQuaid and Company, a Collier County local company, has planned and is promoting the Naples is Rockin' Post Hurricane Irma Concert for Saturday, December 9, 2017, to encourage vacationers and meeting attendees to come back to Florida's Paradise Coast; and WHEREAS, Collier County will provide a one-time sponsorship payment of$125,000(including$15,500 to McQuaid and Company,the event producer)in Tourist Development Tax funds to assist the Community Foundation with event related expenses as this event is planned to promote tourism following Hurricane Irma; and WHEREAS,the Collier County Tourist Development Council recommended approval of this expenditure with a recommended finding that the expenditure promotes tourism at its regularly scheduled meeting on October 23, 2017; and WHEREAS, the Collier County Board of County Commissioners approves this expenditure of Tourist Development Tax funds with a finding that the expenditure promotes tourism. NOW THEREFORE, BASED ON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN,IT IS AGREED AS FOLLOWS: I. Collier County will provide a $109,500 sponsorship in Tourist Development Tax funds to the Community Foundation to assist with authorized expenses attached hereto as Exhibit"A"for the Naples is Rockin' Post Hurricane Irma Concert. Collier County will pay McQuaid and Company directly for hosting and promoting the event in an amount not to exceed $15,500 out of the $125,000 allocated sponsorship authorized for this event. 2. The remaining sponsorship funds ($109,500) will be used by the Community Foundation to pay for operating expenses for the concert event. 3. The funds will be provided to the Community Foundation and placed in a designated Hurricane Irma Relief Fund under the joint oversight of the Community Foundation and the United Way of Collier County. Working with the Community Foundation provides the private sector donors with the opportunity to donate to a non-profit entity. 4. The Community Foundation will use the funds from the County's sponsorship of$109,500 to pay for expenses and/or vendors for the event as outlined in Exhibit"A". 5. Additional funds will be solicited from the private sector to assist with event expenses. The balance of funds raised will be distributed under the supervision of the Community Foundation and the United Way • [04-CMG-00002/1377625/1] 7 w to charities in Collier County for assistance with unmet needs in the community resulting from the devastation related to Hurricane Irma. Any unused Tourist Development Tax funds provided by Collier County for event expenses will be returned to Collier County. 6. All advertising and promotional materials for the event will feature the Collier County Convention and Visitors' Bureau and Florida's Paradise Coast. 7. This Agreement may be terminated by either party effective upon written notice to the other. IN WITNESS WHEREOF, Collier County and the Community Foundation have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality: Colleen M. Greene Assistant County Attorney • For the Community Foundation: Eileen Connolly-Keesler, President/CEO Community Foundation of Collier County, Inc. [04-CMG-00002/1377625/1] Cio NAPLES IS ROCKIN CONCERT PROJECTED BUDGET EXPENSE EST. COST TOTALS OPERATING Portable Toilets/Sinks $7,000 Waste Management $2,500 Barricades (traffic & crowd) $2,500 Generators/Light Towers $10,000 Venue Fencing $6,000 Security/Safety* $0 EMS* $0 Tent Rentals $8,000 Ticket Ops/Cash Control $5,000 City Permits $500 Total Operating Costs $41,500 ENTERTAINMENT Stage Rigging & Production $30,000 Headliner Entertainment $62,500 Warm up act# 1 $3,500 Warm up Act# 2 $12,500 Total Entertainment Cost $108,500 PROMOTIONAL Event Promotion printing $2,500 Banners/signage, etc $2,500 Social Media $7,500 Local Media Sponsor $7,500 Total Promotional Cost $20,000 EVENT STAFF Event Management Staff $4,000 $4,000 TOTAL EXPENSES $174,000 * Donated by Collier County Sheriff and Collier County EMS Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 ADVERTISED PUBLIC HEARINGS 9.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ®Correspondence ®e-mails ®Calls Meeting with Rick Carabajal and other residents of Saturnia Lakes, Meeting with Mr. Cleary & Rich Yovanovich, Meeting with Patrick Neale, Patrick Neale & Associates & Michael Manganaro, President of the Saturnia Lakes HOA. Various residents from Saturnia Lakes calling to state their opposition. CONSENT AGENDA X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence e-mails ❑Calls 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. X NO DISCLOSURE FOR THIS ITEM SEE FILE 1 (Meetings I 1Correspondence De-mails (Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence De-mails ❑Call AM TO oDATE, /13 TryIJC/_1 E, 3 P FROM r 11"01164 ) • OF 5 9Q - 7 33 ! CELL( 0 FAX( '`Ul l�l'1 / i� .S E nn C\ L M C(-e r y b-e e( 0.? 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C2012 GrecoSherry From: Mary Anne Guarino <maryanneguarino@gmail.com> Sent: Sunday, November 12, 2017 11:16 AM To: TaylorPenny Cc: GrecoSherry Subject: Cleary Project Follow Up Flag: Flag for follow up Flag Status: Flagged Dear Ms.Taylor, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th, where all of the Saturnia residents, except two, one being our lawyer Patrick Neale,were shocked to hear that our HOA president had signed an agreement, without holding a board meeting with the residents, with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end, our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. I do not want to take up a lot of your time but there are several concerns we have concerning this project. The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee, this situation has a potential for many accidents. In addition, we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way,which will now be lost forever.A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, 1 GrecoSherry I 1 From: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 24, 2017 10:50 AM To: TaylorPenny Subject: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Dear Penny, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 1 Tom & Janet Caione 2379 Butted~ Palm Drive Naples.Florida 34119 October 19, 2017 Dear > We are writing this letter to make you aware of our opposition to the proposed building plan of the Cleary property in North Naples. We are residents of Saturnia Lakes which is the development that the proposed will border if approved. There are several reasons that this project as proposed should be denied, or at least modified,but we have listed the following as those of most concern to us. We have been residents of Saturnia Lakes since 2002. Reason's the project as proposed should be denied: i.Since Cleary has never taken the (low rise) 63 residential dwelling units off the table. I would like to point this out to the BCC. If this option is good enough for Cleary, we believe it would gain the approval of most Saturnia residents, since it falls in line with the architecture of the surrounding communities. 2. Cleary's attorney made a point to say their 45 or 5o foot structure fits right in with similar tall buildings in the area. I am sure that you are aware that this is not true. There are no buildings of this height within miles of this property. The closest ones being near the Livingston Road/Vanderbilt Beach Road. intersection which is over 5 miles away. 3.You should be aware that there was a "semantics" argument among the planning board members at the 10/5 meeting regarding whether or not the Cleary project should be compared to Saturnia's zoned height of 5o feet or our ACTUAL built height of approximately 3o feet. This seemed open to interpretation. 4.A 200 bed assisted living living/continuing care facility is considered"quasi- commercial" in the eyes of Collier County. 5. A quick look at the locations of other assisted living buildings in the area from 130- 200 beds will show that none are hovering over a residential community like Cleary is in proximity to Saturnia Lakes Thank you for taking the time to read this correspondence. Hopefully it will shed more light on the situation. Sincerely, Thomas and Janet Caione GrecoSherry From: Patricia Howard <pdhoward83@gmail.com> Sent: Saturday, November 4, 2017 8:58 AM To: TaylorPenny Subject: Cleary Development Follow Up Flag: Flag for follow up Flag Status: Flagged Commissioner Taylor I want to thank you for agreeing to meet with a small group of Saturnia Lakes residents so that we can voice the concerns we have with the proposed Cleary Development. I have attached a list that outlines the issues we find most troubling in our community. We look forward to meeting with you on Monday Nov. 6 at 11am. Sincerely §-Cleary Development Pat Howard 1 GrecoSherry From: Val <vgmgp@aol.com> Sent: Sunday, October 15, 2017 4:02 PM To: TaylorPenny Cc: GrecoSherry Subject: Cleary development on Immokelee Dear Ms Taylor, I live in Saturnian Lakes and I object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 1 GrecoSherry From: Tom Caione <tcaione@comcast.net> Sent: Thursday, October 19, 2017 8:01 PM To: TaylorPenny Cc: GrecoSherry Subject: Cleary Property Proposal Attachments: Cleary Letter.docx Dear Ms.Taylor, Please see the attached letter regarding our views on the Cleary property proposal. Sincerely, Thomas and Janet Caione 2379 Butterfly palm Drive Naples, Florida Sent from Mail for Windows 10 We are writing this letter to respectfully oppose the Cleary Development Project. This project is proposed for the small 8+acre lot located West of Saturnia Lakes Community and East of the yet to be built GL Shopping Center on the Southeast corner of Immokalee Rd. and Logan Blvd. in North Naples. Our objections are as follows: Our community had a meeting with the developer in January 2017 and was told we could expect a single home community of 63 houses. Little by little this plan became a 4 story(5 story if the underground parking is counted) up to a height of 50 feet. Since Saturnia Lakes only has 1 and 2 story houses, and since this project is using every square inch of space,this colossal structure will be looming large over our entire community. It will run the entire length of our beautiful entrance (which most residents will tell you that is why they purchased in this community). The foliage that the developer portrays on his artist's rendering is no longer there after Hurricane Irma. Traffic in the area is another big concern. There have been quite a few new developments along Immokalee Rd. in the past 2-3 years and, in season, one must sit through 3 traffic lights to get through the intersection of Immokalee and Logan. That is before the installation of this 200-unit project and before the installation of the already approved GL shopping center. Additionally,the entrance to the proposed Cleary project is very close to our entrance and at the speeds that are traveled on Immokalee, people pulling out and people trying to get over to our entrance will be extremely dangerous. We have a community full of young children and many of the youth from the nearby High School walk home in the afternoon. It gives me chills to think of all that could go wrong. Water drainage is a third concern. Cleary stated at the zoning hearing that at the time Saturnia Lakes was developed our lake system could handle water from the adjacent properties west to the corner at Logan. That was 16 years ago. Was a 200-unit building and an entire shopping center considered as a possibility? While I admit I'm not an expert, I do hear on the news about Lee County having many flooding problems with County approved development causing massive floods for the people that have been there for many years. Finally, in closing I would like to mention that our Community came en masse to the zoning hearing and sent over 200 petitions against the rezoning only to lose our case by ONE vote. We will be at the BCC committee hearing all wearing our white shirts. I do hope your will take our opposition to be serious. Thank you for your time and consideration. Edward & Mildred Corcoran 2431 Butterfly Palm Drive Naples, FL 34119 Mcorcoran1029@gmail.com GrecoSherry From: Patricia Rose <patrose@me.com> Sent: Friday, October 13, 2017 10:12 PM To: SaundersBurt;TaylorPenny; FialaDonna; SolisAndy; McDanielBill; DavidLykins@colliergov.net; GrecoSherry; BrownleeMichael; GoodnerAngela; FilsonSue Subject: Cleary Project Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project,which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad i GrecoSherry From: Millie Corcoran <mcorcoran1029@gmail.com> Sent: Monday, October 16, 2017 3:07 PM To: GrecoSherry Subject: PUD-PL20160001985 Attachments: cleary project.docx Sent from Mail for Windows 10 1 GrecoSherry From: David Marin <dwmarin@optonline.net> Sent: Friday, October 27, 2017 9:15 AM To: SaundersBurt Cc: FialaDonna; SolisAndy; TaylorPenny; McDanielBill Subject: Opposition to Cleary CFPUD PL20160001985 Attachments: Naples Assisted Living Bldgs.pdf;ATT00001.htm October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, I'm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 "Cleary PUD". This proposed project is being presented at your November 14th meeting. Below I've summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 "Pre-Application Meeting Notes" #1 handwritten note says- "Address compliance with FLUE designation; FLUE policy 5.4 ("requires new land uses to be compatible with surrounding area"); FLUE objective 7 ("adhere to the existing development character of Collier County"and its applicable supporting policies"(such as developments provide "a range of housing prices and types")) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a "semantics" discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The County's Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the "comparable" existing height (and "community character") of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administration's Assisted Living Directory for Collier County 1 compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Cleary's proximity to Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document 1 GrecoSherry From: David Opland <martiandust@gmail.com> Sent: Saturday, October 28, 2017 1:40 PM To: TaylorPenny Subject: Objections to Cleary PUD Attachments: Letter to Penny Taylor Board of County Commissioners 20170128.pdf;ATT00001.htm Commissioner Taylor, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns, which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property.The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately,they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust@gmail.com GrecoSherry From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Tuesday, October 10, 2017 11:32 AM To: GrecoSherry Subject: Meeting Request: Cleary PUD Follow Up Flag: Flag for follow up Flag Status: Flagged Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client (Mr. Cleary) lives out of state, I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. Please let me know when the Commissioner is available on Monday November 13th Thank you in advance. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 COLEMAN �� P: 239.435.3535 1 F: 239.435.1218 C L M A N I Y V A N O V I C H i KOESTER douintanilla(a�cvklawfirm.com Visit cvklawfirm.com to learn more about us. ytta 6 4. ' Trusted & Verified .. t '1 ,4, �„4 Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. 1 GrecoSherry From: Joseph Dykstra <jhdykstra@verizon.net> Sent: Sunday, October 15, 2017 3:12 PM To: GrecoSherry Subject: Fwd: Cleary PUD Original Message From: Joseph Dykstra <jhdykstra@verizon.net> To: BurtSaunders <BurtSaunders@colliergov.net>; DavidLykins <DavidLykins@colliergov.net>; PennyTaylor <PennyTaylor@colliergov.net>; SherryGreco <SherryGreco@collier.net>; DonnaFiala <DonnaFiala@colliergov.net>; MichaelBrownlee <MichaelBrownlee@colliergov.net>; AndySolis <AndySolis@colliergov.net>; AngelaGoodner <AngelaGoodner@colliergov.net>; BillMcDaniel <BillMcDaniel@colliergov.net>; SueFilson <SueFilson@colliergov.net> Sent: Fri, Oct 13, 2017 5:50 pm Subject: Re: Cleary PUD Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s) will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 1 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. H. Dykstra 2 GrecoSherry From: Gerald Kelly <jspreppie71@gmail.com> Sent: Sunday, October 15, 2017 4:17 PM To: GrecoSherry Subject: Cleary RPUD PUDZ-PL20160001985 Ms, Greco, I just emailed Ms. Taylor to express my opposition to the Cleary RPUD Project. This property is on the western border of my community of Saturnia Lakes off of Immokalee Road in North Naples. On Oct. 5th at the CCPC meeting, both Mark Strain and Diane Ebert strongly disagreed with the planning commissions final vote. A four story building would dwarf our community not to mention the view of every homeowner, traffic, noise and potential accidents. We are off of Logan Blvd. and Collier County has already said that there will be no traffic light on Logan Blvd, to alleviate traffic from the G.L.Homes Logan Landing shopping center due to start construction in 2018. Hurricane Irma decimated the tree line on the western border and now shows an unobstructed view of the Cleary property. No amount of replanting will fill-in for at least 15yrs. Our community was taken aback by the CCPC proceedings as we learned our current HOA President told the Cleary contingent that Saturnia Lakes favored the project. This is completely false. The residents stated their opposition at the CCPC meeting but lost the vote. Please let Ms. Taylor know that the whole Saturnia Lakes Community is opposed to the current proposal made by the Cleary attorney and developer. Thank you, Susan Kelly 2426 Butterfly Palm Dr, Naples, Fl. 34119 1 GrecoSherry From: JOHN HART <kkh,jjh@me.com> Sent: Monday, November 6, 2017 8:33 AM To: TaylorPenny Subject: Cleary PUD Our opposition to the development of the Cleary Property on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in the Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to 951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd. will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know that the Cleary property will be developed but we strongly disagree as the the height and it will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 1 GrecoSherry From: romeysr@aol.com Sent: Sunday, October 15, 2017 3:24 PM To: TaylorPenny Cc: GrecoSherry Subject: Cleary PUD in North Naples Ms. Taylor: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community (2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, Jerome Palmieri (610) 405-3099 romeysr@aol.com 1 GrecoSherry From: rick carabajal <rickcarabajal@yahoo.com> Sent: Monday, October 30, 2017 8:51 AM To: GrecoSherry Cc: TaylorPenny Subject: CLEARY PUD Hearing scheduled November HELP NEEDED Hi Sherry, It was a pleasure speaking with you and thank you for the response. After canvasing the surrounding areas since our conversation, including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which would be directly affected by their development. Which is also in addition to the commercial development taking palace in the immediate area by GL Homes. I'm wondering if you might be able to schedule a 30 minute meeting sometime before the November 15 th. hearing, where we might have a chance to personally meet with Penny Taylor and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. GL Homes, the other developer on a separate project, took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, considerations, or existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest as currently presented. Before it is allowed to proceed as planned I would like to share my concerns along with three to four other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal 1 GrecoSherry From: Karen Klukiewicz <karen@patrickneale.com> Sent: Wednesday, October 25, 2017 11:38 AM To: GrecoSherry Cc: Patrick Neale; mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting - Cleary PUD Thank-you! Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.net] Sent: Wednesday, October 25, 2017 11:37 AM To: Karen Klukiewicz<karen@patrickneale.com> Cc: Patrick Neale <pneale@patrickneale.com>; Judi Menard <judi@patrickneale.com> Subject: RE: Requesting Meeting-Cleary PUD Also, the meeting will take place at our office. 3299 Tamiami Trail East, Suite 303, Naples, FL 34112. 1 scierr� Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 Fax 239-252-6393 SherryGreco@colliergov.net Click here to sign up for our District 4 newsletter From: karen@patrickneale.com Imailto:karen@patrickneale.com] Sent: Wednesday, October 25, 2017 11:15 AM To: GrecoSherry<SherryGreco@colliergov.net> Cc:pneale@patrickneale.com;judi@patrickneale.com Subject: Registered: Requesting Meeting- Cleary PUD x This is a Registered EmaiITM message from Karen Klukiewicz. Hello, Sherry- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA, to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting, and the Commissioner's preferred location. If you prefer, feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service(a�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 2 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. 3 GrecoSherry Subject: Cleary PUD - Patrick Neale, Patrick Neale &Associates & Michael Manganaro, President of the Saturnia Lakes HOA Location: your office Start: Wed 11/8/2017 10:00 AM End: Wed 11/8/2017 10:30 AM Recurrence: (none) Organizer: TaylorPenny 1 GrecoSherry From: KATHY MILLER <cjmsmom@comcast.net> Sent: Sunday, October 29, 2017 4:25 PM To: TaylorPenny Subject: Cleary property I'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan,we know that will make it worse. When the Cleary development is built, there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic, there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. Kathy Miller 2430 Butterfly Palm Drive 1 GrecoSherry From: Mary Ellen Gustafson <megustafson@yahoo.com> Sent: Tuesday, October 24, 2017 10:19 AM To: TaylorPenny Subject: Saturnia Lakes and the Cleary Development project Dear Ms. Taylor: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote "NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area-- building a 50' building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility --the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 5. This project will create dangerous traffic problems. Please vote "NO" for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 1 GrecoSherry From: karen@patrickneale.com on behalf of Karen Klukiewicz <karen@patrickneale.com> Sent: Wednesday, October 25, 2017 11:15 AM To: GrecoSherry Cc: pneale@patrickneale.com;judi@patrickneale.com Subject: Registered: Requesting Meeting - Cleary PUD X This is a Registered Email- message from Karen Klukiewicz. Hello, Sherry- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA, to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting, and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 1 This e-mail is intended only for the indiv duals)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale &Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(a�patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. x 2 GrecoSherry From: Barbara Morley <bjmorley2@gmail.com> Sent: Friday, October 20, 2017 10:46 AM Subject: RPUD CLEARY SITE - Immokalee Road Allow me to introduce myself. I am Barbara Morley, a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One" to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee. Their newly proposed second option, if approved, would allow them to build a 50' tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives, under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road, East and West of the Cleary site and there are no buildings greater than two stories within a 2 1/2 mile radius. • As you are aware, West of the Cleary property is another long, narrow 9 acre site similar to the Cleary land. This site has been referred to as the "Walker" property. Collier County plans show an access lane, which has been carved out of the Walker property, to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles, delivery trucks, waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval, will also want to build a similar multi unit building, the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow. The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580 + resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH, which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow. This turn lane also provides "U-turn ability for residents of Heritage Hills, a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department, who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties. Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75, create traffic and safety nightmares for those living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. 1 The logical solution is for this Commission to approve Cleary's "OPTION ONE". Cleary's Option One is suitable and the proper way to develop this site. There have been no objections by current owners or residents to Cleary's "Option One" which would create 63 single family homes within a gated community as outlined and still on the table in their proposals. 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'- -1 -- --I'i'-'-'-:-I- ---'•-illiZt..--l'''''Y-'-i.:::'-!':::::'''''''''':'...'•'''''''''''- '------ '''. 116, .: ,:=I:-,:,_... ......:,..i._:-..::-.--.-..„- ..1.: ''. .7.„. - - • pix rk - rf g t MEDITERRA 4 •Itlil'-'-- '.**** ,IA,-747-.':=111M.,. ..S. y _" _ Ltri--' ..-,,,....- :.,!'i',:.. ....:.'..:.4terng'''•.t4.....',..;iii0,- •'..--!--'.!.. .::4.;---.',...,:.j-t .,... -,14;1: •-• ...• -:--;:"i,,:;,..,:':;t-"agtis ' i., - 7::..- ,.,...:„..2::::2•„t7.Ei.;:..::':f;g:,2.-iAi,:],,-,--,------------------7!:. t "- ea-- tea-• BARRINGTON COVE '4\i' t CAMDE N LAKES MSIL AREA ''. [ ELASOL 11F .- } _ '�.. €A to x _ -;: "iii a .iY iso � - _. # :......,.:.,..__t..:.:„.: t _ 3 GrecoSherry From: Karen Klukiewicz <karen@patrickneale.com> Sent: Wednesday, October 25, 2017 11:38 AM To: GrecoSherry Cc: Patrick Neale; mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting - Cleary PUD Thank-you! Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-servicea,patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.net] Sent: Wednesday, October 25, 2017 11:37 AM To: Karen Klukiewicz<karen@patrickneale.com> Cc: Patrick Neale <pneale@patrickneale.com>;Judi Menard <judi@patrickneale.com> Subject: RE: Requesting Meeting- Cleary PUD Also, the meeting will take place at our office. 3299 Tamiami Trail East, Suite 303, Naples, FL 34112. 1 scierrj Orem Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 Fax 239-252-6393 SherryGreco@colliergov.net Click here to sign up for our District 4 newsletter From: karen@patrickneale.com [mailto:karen@patrickneale.com] Sent:Wednesday, October 25, 2017 11:15 AM To: GrecoSherry<SherryGreco@colliergov.net> Cc:pneale@patrickneale.com;i_adi@patrickneale.com Subject: Registered: Requesting Meeting-Cleary PUD x This is a Registered Email- message from Karen Klukiewicz. Hello, Sherry- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times - November 7-before 3 pm - November 8-morning - November 10-all day Please let me know when we can set up this meeting, and the Commissioner's preferred location. If you prefer, feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(a�patrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 2 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(&patrickneale.com Email Servicing: email-service@.patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 3 GrecoSherry From: Karen Klukiewicz <karen@patrickneale.com> Sent: Wednesday, October 25, 2017 11:37 AM To: GrecoSherry Cc: Patrick Neale; Judi Menard; mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting - Cleary PUD Thank-you, Sherry— 10 am on November 8 will work. Please confirm the location. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Wednesday, October 25, 2017 11:34 AM To: Karen Klukiewicz<karen@patrickneale.com> Cc: Patrick Neale <pneale@patrickneale.com>;Judi Menard <judi@patrickneale.com> Subject: RE: Requesting Meeting- Cleary PUD 1 Good morning, Tuesday, November 8th at 10 AM, let me know if this is a suitable time for you. Sherr] Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 Fax 239-252-6393 SherryGreco@colliergov.net Click here to sign up for our District 4 newsletter From: karen@patrickneale.com [mailto:karen@patrickneale.com] Sent: Wednesday, October 25, 2017 11:15 AM To: GrecoSherry<SherryGreco@colliergov.net> Cc: pneale@patrickneale.com;iudi@patrickneale.com Subject: Registered: Requesting Meeting-Cleary PUD This is a Registered Email" message from Karen Klukiewicz. Hello, Sherry- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA, to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting, and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-services patrickneale.com 2 www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(apatrickneale.com Email Servicing: email-service a(�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 3 GrecoSherry From: David Marin <dwmarin@optonline.net> Sent: Tuesday, October 31, 2017 12:37 PM To: SaundersBurt Cc: FialaDonna; SolisAndy;TaylorPenny; McDanielBill Subject: Re: Opposition to Cleary CFPUD PL20160001985 Attachments: BCCZONINGD-59-1798675-1.pdf;ATT00001.htm Mr.Saunders&Commissioners, Just one more quick note following up on my previous 10/27 email (below) re: the 11/14 BCC meeting on the Cleary PUD (PL20160001985) In the October 25th public hearing notice regarding this meeting (see pdf attached)the "63 residential dwelling units" continues to remain an option acceptable to Mr. Cleary. As this option is also acceptable to the majority of Saturnia Lakes residents I suggest the Board grant Mr. Cleary approval for his desired 63 residential dwelling units vs the much taller& larger 200 bed group housing structure Saturnia Lakes residents oppose. Thank you, Dave Marin 1 CLEARY DEVELOPMENT • On 9 acres the developer is asking for a change in density of.6 allowing 150 units of senior/assisted living to a .45 density allowing 200 units. The community of Saturnia Lakes has 580 units with a density of.3. Across the street the Olde Cypress community has 1,100 units with a density of .2+. • Saturnia Lakes has only single family homes and this project is asking for a height allowance of 40-50 feet. With it's proximity to Saturnia Grande Blvd this will impact views, privacy and potential return on investment. • A shopping center is planned nearby at the corner of Logan and Immokalee. The shopping center has a 30,000 sq ft grocery store, space for 7 restaurants and 15 other retail spaces ranging from 1,250-8,000 square ft. The planned building height is between 18-22 feet. This has the potential to generate a high volume of traffic in a very congested area. • Combined, the three properties would have 3 entrances/exits within 0.2 miles between Logan and the entrance to Saturnia Lakes. Increasing traffic on an already heavily trafficked road. • The only entrance/exit for the Cleary Development and Heritage Greens is on Immokalee Rd which requires a u-turn to head West increasing the potential for motor vehicle accidents. • The 9 acres designated for the Cleary Development is already flood prone and with the surface hardening the risk for flooding increases. Both Saturnia Lakes and Heritage Greens had major failures of the sewer system with hurricane Irma. Saturnia Lakes residents were unable to use bathrooms and Heritage Greens had raw sewage on the streets. The flooding also increased the length of time the communities were without electricity. • Any zoning change should either benefit or compliment the adjacent community. This project does neither. • The requested change does not address the issue of inadequate beds/residences for affordable housing for seniors or people on medicaid. The need to staff an assisted living facility and lack of affordable housing will increase the number of workers commuting from outside Collier County adding to an already burdened traffic problem on local roads and 1-75. • The average cost for assisted living in Collier is $4,500 a month, extras excluded. This cost is out of reach for many of our senior citizens who wish to remain in a community where they have developed strong ties. • We believe this project places an undue burden on the surrounding communities, and Saturnia Lakes in particular, without benefit to the larger Collier Community. • We are not against any development on the site. We would support a community with a reasonable number of single family homes or a low rise apartment/condo complex. 4P > Ad Proof ? apLr! i BIaiLii ?rw9 Sales Rep:Mereida Cardenas(N9103) Phone: Email: >Insertion Information Date: 10/20/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:1798675 P.O.No.: Total Cost:$446.62 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:10/25/17 Stop Date: 10/25/17 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times:1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. 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NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on November 14,2017,in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDAAMENDING ORDINANCE NUMBER2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CLEARY RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 63 RESIDENTIAL DWELLING UNITS OR 200 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,CONSISTING OF 8.99±ACRES.[PUDZ-PL20160001985] A copy of the proposed Ordinance 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 PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) October 25,2017 No.1798675 GrecoSherry From: RICK <rickcarabajal@yahoo.com> Sent: Monday, October 30, 2017 1:35 PM To: GrecoSherry Subject: Re: CLEARY PUD Hearing scheduled November HELP NEEDED. Reply Hi Sherry, Thank you, Monday at 11:00 am would work fine, could you please confirm Thanks Rick Sent from my iPhone On Oct 30, 2017, at 10:17 AM, GrecoSherry<SherryGreco@colliergov.net>wrote: Good morning Mr. Carabajal, It was nice speaking to you also. Commissioner Taylor has availability on Monday, November 6th at either 10 or 11 AM. Please let me know if either of these times work for you. Also, the hearing for this item if on Tuesday, November 14th Thank you. Sherr] greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 Fax 239-252-6393 SherryGreco(a@colliergov.net Click here to sign up for our District 4 newsletter From: rick carabajal [mailto:rickcarabajal@yahoo.com] Sent: Monday, October 30, 2017 8:51 AM To: GrecoSherry<SherryGreco@colliergov.net> Cc:TaylorPenny<PennyTaylor@colliergov.net> Subject: CLEARY PUD Hearing scheduled November HELP NEEDED Hi Sherry, It was a pleasure speaking with you and thank you for the response. After canvasing the surrounding areas since our conversation, including various community developments in and around Immokalee Road and Logan Avenue, 1 the immediate area which would be directly affected by their development. Which is also in addition to the commercial development taking palace in the immediate area by GL Homes. I'm wondering if you might be able to schedule a 30 minute meeting sometime before the November 15 th. hearing, where we might have a chance to personally meet with Penny Taylor and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. GL Homes, the other developer on a separate project, took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, considerations, or existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest as currently presented. Before it is allowed to proceed as planned I would like to share my concerns along with three to four other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal 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 GrecoSherry From: GrecoSherry Sent: Tuesday, October 10, 2017 3:27 PM To: Dianna Quintanilla Subject: Re: Meeting Request: Cleary PUD Commissioner Taylor is free for half hour at 10 am on Monday, November 13. Please confirm that this is a suitable time on this date. Sent from my iPhone On Oct 10, 2017, at 11:32 AM, Dianna Quintanilla <DQuintanilla@cyklawfirm.com>wrote: Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client (Mr. Cleary) lives out of state, I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. Please let me know when the Commissioner is available on Monday November 13tH Thank you in advance. Dianna Quintanilla <image001.png> Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239.435.1218 dquintanilla(a�cyklawfirm.com Visit cyklawfirm.com to learn more about us. <image002.jpg> Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. 1 GrecoSherry From: rick carabajal <rickcarabajal@yahoo.com> Sent: Monday, October 30, 2017 8:51 AM To: GrecoSherry Cc: TaylorPenny Subject: CLEARY PUD Hearing scheduled November HELP NEEDED Hi Sherry, It was a pleasure speaking with you and thank you for the response. After canvasing the surrounding areas since our conversation, including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which would be directly affected by their development. Which is also in addition to the commercial development taking palace in the immediate area by GL Homes. I'm wondering if you might be able to schedule a 30 minute meeting sometime before the November 15 th. hearing, where we might have a chance to personally meet with Penny Taylor and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. GL Homes, the other developer on a separate project, took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, considerations, or existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest as currently presented. Before it is allowed to proceed as planned I would like to share my concerns along with three to four other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal 1 Mary M. Opland David A. Opland 1512 Pacaya Cove • Naples, Florida 34119 Phone: 239-777-1220 • E-Mail: martiandust@gmail.com Date: October 28, 2017 Penny Taylor Board of Collier County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Regarding: PUDZ-PL20160001985 Dear Commissioner Taylor: We are homeowners and year-round residents of the Saturnia Lakes Community, which is comprised of 580 single-family residences in a resort style development. Our main entrance was designed by the developer G.L. Homes (GLH) to enhance the aesthetics of our community as a beautifully landscaped boulevard about a quarter mile long south of Immokalee Road. This road is a high point in our community as the roadbed is about 15 feet above the surrounding land. Had the abutting land to the west been available to GLH, it would have been developed to mirror the one and two story homes to the east and south. Today the developer of this adjoining land known as the Cleary Development Group (CDG) is proposing to construct several four-story buildings to a height of 50 feet above grade. This grade could be and will likely be an additional 15 feet or so above the present grade to match the grade of the entrance road to Saturnia Lakes. While zoning allows building to a height of 50 feet, GLH limited the height to 35 feet within Saturnia Lakes. CDG asserts Saturnia Lakes properties could be redeveloped at the 50-foot level so that is the building height that should be permitted. That assertion simply will not happen because Saturnia Lakes was developed approximately ten to fifteen years ago with hundreds of single-family homes each on its own lot and fully developed at an actual maximum height of two stories. As such, the CDG Project or any future adjoining land development should be limited to the same 35-foot height because of the negative neighborhood effects not only to Saturnia Lakes but other nearby residential properties. We are not suggesting the CDG be prevented from developing the Cleary parcel. We only ask that the development be consistent with existing nearby residential development with reasonable density and building height restrictions. There are three development options in place for CDG including single-family homes, multi-family housing, or a senior care complex. Unfortunately, CDG has apparently rejected the option to develop the land as a single-family residential community, which is compatible with adjacent land use. Instead, CDG is pursuing Page 3 Please consider our petition to you and the rest of the Collier County Commissioners for modification of the Cleary RPUD reducing density and building height. Our neighbors and we would be most appreciative of your support. Sincerely, A_ c;r4vet____ ary M. Opland David A. Opland GrecoSherry From: Gerald Kelly <jspreppie71@gmail.com> Sent: Monday, October 16, 2017 2:24 PM To: GrecoSherry Subject: Cleary RPUD Project I am a homeowner in the Saturnia Lakes community and I would like to go on record as being opposed to the Cleary RPUD Project. the project would place a 4 story building on the western border of our community. Our community is a 400 acre community with 580 single family homes. The Cleary project is not consistent with any other construction in our area and if built as proposed would tower over our community. Please do not be persuaded by the argument that the Cleary group has the full support of the Saturnia Lakes HOA. They do not! They have the support of one individual who happens to be the HOA President. This individual signed a document with the Cleary group pledging the full support of our HOA. Hi did so without the knowledge of any of our homeowners. We are currently in the process of removing him from office. Thank you, Jerry Kelly 1 GrecoSherry Subject: Cleary PUD - Rick Carabajal &4 other residents Location: your office Start: Mon 11/6/2017 11:00 AM End: Mon 11/6/2017 11:30 AM Recurrence: (none) Organizer: TaylorPenny Rick Carabajal 414-364-7425 1 District I RECEIVED District 2 District 3 N O V 0 2 2017 District 4 District 5 OFFICES OF COLLIER COUNTY Albert J. Jaskot BOARD OF COUNTY COMMISSIONERS 1523 Pacaya Cove Naples, Florida 34119 October 31, 2017 Commissioner Penny Taylor Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Taylor: As a resident of Naples,I am writing to express my opposition to the request to rezone the property on Immokalee Road,just west of Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story single family homes. This is entirely incompatible with the adjacent community. Any building on this property should be complementary with the nearby neighborhood. Height restrictions should be consistent with the adjoining Saturnia Lakes development of 580 homes. I am sure you would not like a five story building next to your single family home. This proposal would destroy property values in the neighborhood, add an unacceptable level of noise to the surrounding homes, and dramatically contribute to the traffic congestion on Immokalee Road with cars and trucks exiting and entering the facility. Flooding would also be a potential problem, as this development plans to tap into the Saturnia Lakes discharge system which is already overtaxed. During Hurricane Irma water was within inches of many of our homes. I sincerely hope you will support the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Respectfully, /- - L.� Albert J. Jaskot sill 1523 Pacaya Cove Naples, Florida 34119 November 1, 2017 Commissioner Penny Taylor Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Taylor: I am a resident of Saturnia Lakes, a community of 580 single family houses, and am requesting your support in opposition to the proposed rezoning of the property on Immokalee Road and Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story homes. This is entirely incompatible with the adjacent community. A project of this size would have an adverse effect on property values, add to the traffic congestion problem on Immokalee Road, create a noise condition in the surrounding residential community, and possibly create a flooding situation in Saturnia Lakes. Water did come dangerously close to our homes during Hurricane Irma. I believe any building on this property should be similar in height, scope and character to the neighborhood it borders. I hope you will join the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Yours truly, Diane Jaskot GrecoSherry From: Mary Ellen Gustafson <megustafson@yahoo.com> Sent: Tuesday, October 24, 2017 10:19 AM To: TaylorPenny Subject: Saturnia Lakes and the Cleary Development project Dear Ms. Taylor: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote"NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area -- building a 50' building. 2. 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Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings Correspondence se-mails ®Calls Received numerous calls, letters and emails; met with Saturnia Lakes residents, Rich Yovanovich, Tony Cleary, and Patrick Neal. CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. IX NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ['Correspondence ( le-mails (Calls Ex parte Items - Commissioner Burt Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence ❑e-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings Correspondence ❑e-mails Call siA.wv062s gcc _Clef n kinsDave gq-,ere" From: Tom Caione <tcaione@comcast.net> Sent: Thursday, October 19, 2017 7:50 PM To: SaundersBurt Cc: DavidLykins@colliergov.net Subject: Cleary Property Request Attachments: Cleary Letter.docx Dear Mr. Saunders, Please see the attached letter regarding information on the proposed Cleary Prperty Request. Thank You. Thomas and Janet Caione 2379 butterfly Palm Drive Naples, FL Sent from Mail for Windows 10 Tom & Janet Caione 2379 Butterfly Palm Drive Naples,Florida 34119 October 19, 2017 Dear > We are writing this letter to make you aware of our opposition to the proposed building plan of the Cleary property in North Naples. We are residents of Saturnia Lakes which is the development that the proposed will border if approved. There are several reasons that this project as proposed should be denied, or at least modified, but we have listed the following as those of most concern to us. We have been residents of Saturnia Lakes since 2002. Reason's the project as proposed should be denied: 1.Since Cleary has never taken the (low rise) 63 residential dwelling units off the table. I would like to point this out to the BCC. If this option is good enough for Cleary, we believe it would gain the approval of most Saturnia residents, since it falls in line with the architecture of the surrounding communities. 2. Cleary's attorney made a point to say their 45 or 5o foot structure fits right in with similar tall buildings in the area. I am sure that you are aware that this is not true. There are no buildings of this height within miles of this property. The closest ones being near the Livingston Road/Vanderbilt Beach Road. intersection which is over 5 miles away. 3.You should be aware that there was a"semantics" argument among the planning board members at the 10/5 meeting regarding whether or not the Cleary project should be compared to Saturnia's zoned height of 5o feet or our ACTUAL built height of approximately 30 feet. This seemed open to interpretation. 4. A 200 bed assisted living living/continuing care facility is considered"quasi- commercial" in the eyes of Collier County. 5. A quick look at the locations of other assisted living buildings in the area from 130- 200 beds will show that none are hovering over a residential community like Cleary is in proximity to Saturnia Lakes Thank you for taking the time to read this correspondence. Hopefully it will shed more light on the situation. Sincerely, Thomas and Janet Caione LykinsDave From: Barbara Morley <bjmorley2@gmail.com> Sent: Friday, October 20, 2017 10:46 AM Subject: RPUD CLEARY SITE - Immokalee Road Allow me to introduce myself. I am Barbara Morley, a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One" to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee. Their newly proposed second option, if approved, would allow them to build a 50' tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives, under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road, East and West of the Cleary site and there are no buildings greater than two stories within a 2 1/2 mile radius. • As you are aware, West of the Cleary property is another long, narrow 9 acre site similar to the Cleary land. This site has been referred to as the "Walker" property. Collier County plans show an access lane, which has been carved out of the Walker property, to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles, delivery trucks, waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval, will also want to build a similar multi unit building, the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow. The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580 + resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH, which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow. This turn lane also provides "U-turn ability for residents of Heritage Hills, a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department, who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties. Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75, create traffic and safety nightmares for those living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. 1 iPad -;• glco kef: . , - - . MEDITERRA BARRINGTO COVE CAMDEN LAKES RSILEA DELASOL 3 IPa 1ico , (0 UAIL nz ; 660 STONECREEK 175 ' 4 MILES 4..,- QW.,:: 4 #, O ''' 4cc , W J n .: QUAIL CREEK RIVERSTONE 580 co 850 < : 0 '-- .. (,,:, AIL €REEK4. LONGSHORE OLDE CYPRESS 4 VILLAGE LAKE 1100 IP i '': .14`C't 11 lot 4 LykinsDave From: Rccpc7335 <rccpc7335@aol.com> Sent: Tuesday, October 17, 2017 10:47 AM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill; FilsonSue Subject: Cleary Project Dear Commissioner: I am a homeowner in Saturnia Lakes and a member of the HOA. I write to you to voice my opposition to the Cleary project proposed to be built directly to our west along Immokalee Road. Although my wife and I presently are in New York, I have been kept abreast of the misadventures which have occurred including your last public hearing at which the Cleary project was discussed. The proposal, as I understand it, is for the construction of a nursing facility for the aged and infirm with at least one of the proposed structures to be almost 50 feet in height. Through miscommunication involving one of our directors and his privately-hired attorney, your Board was informed that we had no objection and that Saturnia Lakes agreed to the proposal as submitted. Nothing could be further from the truth. Although you have no obligation to monitor our private HOA procedures, it is sufficient to state that the statement made on the record at your hearing by that attorney was not the result of any advance notice, general meeting, or approval by the membership. The rest is internal confusion which we now undergo as a result of the unauthorized actions I refer to. Let me simply state that Robert and Billie Ann Carlsen, who reside at 2350 Butterfly Palm Drive in Saturnia Lakes, oppose the project as submitted to you and wish to be on record together with many others in informing you of this fact. Respectfully, Robert C. Carlsen, Esq. 75-19 Myrtle Avenue Glendale, NY 11385 718-366-0058 1 LykinsDave From: Millie Corcoran <mcorcoran1029@gmail.com> Sent: Monday, October 16, 2017 3:01 PM To: SaundersBurt Subject: PUD-PL20160001985 Attachments: cleary project.docx Sent from Mail for Windows 10 1 We are writing this letter to respectfully oppose the Cleary Development Project. This project is proposed for the small 8+acre lot located West of Saturnia Lakes Community and East of the yet to be built GL Shopping Center on the Southeast corner of Immokalee Rd. and Logan Blvd. in North Naples. Our objections are as follows: Our community had a meeting with the developer in January 2017 and was told we could expect a single home community of 63 houses. Little by little this plan became a 4 story(5 story if the underground parking is counted) up to a height of 50 feet. Since Saturnia Lakes only has 1 and 2 story houses, and since this project is using every square inch of space, this colossal structure will be looming large over our entire community. It will run the entire length of our beautiful entrance (which most residents will tell you that is why they purchased in this community). The foliage that the developer portrays on his artist's rendering is no longer there after Hurricane Irma. Traffic in the area is another big concern. There have been quite a few new developments along Immokalee Rd. in the past 2-3 years and, in season, one must sit through 3 traffic lights to get through the intersection of Immokalee and Logan. That is before the installation of this 200-unit project and before the installation of the already approved GL shopping center. Additionally,the entrance to the proposed Cleary project is very close to our entrance and at the speeds that are traveled on Immokalee, people pulling out and people trying to get over to our entrance will be extremely dangerous. We have a community full of young children and many of the youth from the nearby High School walk home in the afternoon. It gives me chills to think of all that could go wrong. Water drainage is a third concern. Cleary stated at the zoning hearing that at the time Saturnia Lakes was developed our lake system could handle water from the adjacent properties west to the corner at Logan. That was 16 years ago. Was a 200-unit building and an entire shopping center considered as a possibility? While I admit I'm not an expert, I do hear on the news about Lee County having many flooding problems with County approved development causing massive floods for the people that have been there for many years. Finally, in closing I would like to mention that our Community came en masse to the zoning hearing and sent over 200 petitions against the rezoning only to lose our case by ONE vote. We will be at the BCC committee hearing all wearing our white shirts. I do hope your will take our opposition to be serious. Thank you for your time and consideration. Edward & Mildred Corcoran 2431 Butterfly Palm Drive Naples, FL 34119 Mcorcoran1029@gmail.com LykinsDave From: Mary Ellen Gustafson <megustafson@yahoo.com> Sent: Monday, October 16, 2017 11:24 AM To: SaundersBurt Subject: Saturnia Lakes and the Cleary Development project Dear Mr. Saunders: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote "NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area-- building a 50' building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility --the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 5. This project will create dangerous traffic problems. Please vote "NO"for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 1 LykinsDave From: Richard C. Guliano <guliano610@outlook.com> Sent: Friday, October 13, 2017 4:12 PM To: SaundersBurt Subject: cleary development Mr Saunders please put yourself in our position a compromise, possibly, but a 4 story building, please no,no.no. Sent from Mail for Windows 10 1 LykinsDave From: Val <vgmgp@aol.com> Sent: Sunday, October 15, 2017 4:00 PM To: SaundersBurt Cc: DavidLykins@colliergov.net Subject: Clearly development on Immokolee Dear Mr Saunders, I live in Saturnian Lakes and I object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 1 LykinsDave From: romeysr@aol.com Sent: Sunday, October 15, 2017 3:16 PM To: SaundersBurt Cc: davidlykins@colliergov.net Subject: Cleary PUD in North Naples Mr. Saunders: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community (2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, Jerome Palmieri (610)405-3099 romeysr@aol.com 1 LykinsDave From: Gerald Kelly <jspreppie7l @gmail.com> Sent: Sunday, October 15, 2017 2:31 PM To: SaundersBurt Subject: Cleary RPUD Mr. Saunders, I am a resident of Saturnia Lakes. Our community is adjacent to the Cleary RPUD Project on our western border. I am strictly opposed to the planned development of this property as it appeared at the CCPC meeting on October 5th. A four-story building would dwarf our beautiful community not least of which to say the increase of noise, traffic and accidents. Our community was unaware of the dealings with the Cleary attorney and was not given the proper information concerning this project until October 5th. Hurricane Irma decimated our tree line buffer and now gives everyone an unobstructed view of the Cleary property. Please consider a "no" vote at your November BCC meeting. Thank you, Susan Kelly 2426 Butterfly Palm Dr, Naples, Fl. 34119 1 LykinsDave From: Paul Petras <plpetras@yahoo.com> Sent: Sunday, October 15, 2017 12:37 PM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill Cc: DavidLykins@colliergov.net Subject: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Dear Commissioners: At the October 5th meeting of the Collier County Planning Commission, Mr. Manganaro indicated that the Saturnia Lakes HOA supports the Cleary development, but all of the Saturnia homeowners that I know are against it. Having 50 ft. tall buildings, so close to our main entrance,will destroy the integrity and charm of our community and those high density buildings will add traffic congestion to Immokalee Road, which is already extremely busy and destined to get busier once the recently approved Landings at Logan development is completed. Please protect our community and our home values by disapproving the proposed rezoning for the Cleary development or, at a minimum, restrict the height of buildings to 3 stories (above the current floodplain elevation of that lot) and increase the setback requirements. Thank you for your time and consideration. Sincerely, Paul Petras Saturnia Lakes Homeowner 1714 Triangle Palm Terrace Naples, FL 34119 1 LykinsDave From: Gerald Kelly <jspreppie71 @gmail.com> Sent: Sunday, October 15, 2017 12:31 PM To: SaundersBurt Subject: Cleary RPUD Project I am a homeowner in the Saturnia lakes Community and I would like to go on record as being apposed to the Cleary RPUD project. The project would place a 4 story building on the western border of our community and it would dwarf everything in our 400 acre community. It is inconsistent with anything in our area of Collier County especially in terms of density. Please do not be persuaded by the argument that Cleary group has the "support of the Saturnia Lakes HOA. That simply is not true. They have the support of the HOA President who made a back room deal with the Cleary group that no one in the community knew anything about. We are currently working to remove that individual from our HOA Board. Thank you Jerry Kelly LykinsDave From: Patricia Rose <patrose@me.com> Sent: Friday, October 13, 2017 10:12 PM To: SaundersBurt;TaylorPenny; FialaDonna; SolisAndy; McDanielBill; DavidLykins@colliergov.net; GrecoSherry; BrownleeMichael; GoodnerAngela; FilsonSue Subject: Cleary Project Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project,which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 1 LykinsDave From: Joseph Dykstra <jhdykstra@verizon.net> Sent: Friday, October 13, 2017 5:51 PM To: SaundersBurt; DavidLykins@colliergov.net;TaylorPenny; SherryGreco@collier.net; FialaDonna; BrownleeMichael; SolisAndy; GoodnerAngela; McDanielBill; FilsonSue Subject: Re: Cleary PUD Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s) will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. H. Dykstra 1 LykinsDave From: Richard C. Guliano <guliano610@outlook.com> Sent: Friday, October 13, 2017 4:12 PM To: SaundersBurt Subject: cleary development Mr Saunders please put yourself in our position a compromise, possibly, but a 4 story building, please no,no.no. Sent from Mail for Windows 10 1 Albert J. Jaskot RECEIVED 1523 Pacaya Cove Naples, Florida 34119 NO V 2 October 31, 2017 OFFICES OF COLLIER COUNTY BOARD OF CpUNTY C2017OMMISSIONERS Commissioner Burt Saunders Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Saunders: As a resident of Naples, I am writing to express my opposition to the request to rezone the property on Immokalee Road,just west of Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story single family homes. This is entirely incompatible with the adjacent community. Any building on this property should be complementary with the nearby neighborhood.Height restrictions should be consistent with the adjoining Saturnia Lakes development of 580 homes. I am sure you would not like a five story building next to your single family home. This proposal would destroy property values in the neighborhood, add an unacceptable level of noise to the surrounding homes, and dramatically contribute to the traffic congestion on Immokalee Road with cars and trucks exiting and entering the facility. Flooding would also be a potential problem, as this development plans to tap into the Saturnia Lakes discharge system which is already overtaxed. During Hurricane Irma water was within inches of many of our homes. I sincerely hope you will support the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Respectfully, g,„ Albert J. Jaskot 1523 Pacaya Cove Naples, Florida 34119 November 1, 2017 Commissioner Burt Saunders Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Saunders: I am a resident of Saturnia Lakes, a community of 580 single family houses, and am requesting your support in opposition to the proposed rezoning of the property on Immokalee Road and Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story homes. This is entirely incompatible with the adjacent community. A project of this size would have an adverse effect on property values, add to the traffic congestion problem on Immokalee Road, create a noise condition in the surrounding residential community, and possibly create a flooding situation in Saturnia Lakes. Water did come dangerously close to our homes during Hurricane Irma. I believe any building on this property should be similar in height, scope and character to the neighborhood it borders. I hope you will join the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Yours truly, Diane Jaskot LykinsDave From: JOHN HART <kkh_jjh@me.com> Sent: Thursday, November 2, 2017 2:00 PM To: SaundersBurt Subject: Cleary PUD Our opposition to the development of the Cleary Property on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to#951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd. will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know the Cleary property will be developed but strongly disagree as to the height and will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 1 LykinsDave From: David Opland <martiandust@gmail.com> Sent: Saturday, October 28, 2017 1:40 PM To: SaundersBurt Subject: Objections to Cleary PUD Attachments: Letter to Burt Saunders Board of County Commissioners 20170128.pdf; ATT00001.htm Commissioner Saunders, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns, which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property.The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately,they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust(«@gmail.com Mary M. Opland David A. Opland 1512 Pacaya Cove • Naples, Florida 34119 Phone: 239-777-1220 • E-Mail: martiandust@gmail.com Date: October 28, 2017 Burt L. Saunders Board of Collier County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Regarding: PUDZ-PL20160001985 Dear Commissioner Saunders: We are homeowners and year-round residents of the Saturnia Lakes Community, which is comprised of 580 single-family residences in a resort style development. Our main entrance was designed by the developer G.L. Homes (GLH) to enhance the aesthetics of our community as a beautifully landscaped boulevard about a quarter mile long south of Immokalee Road. This road is a high point in our community as the roadbed is about 15 feet above the surrounding land. Had the abutting land to the west been available to GLH, it would have been developed to mirror the one and two story homes to the east and south. Today the developer of this adjoining land known as the Cleary Development Group (CDG) is proposing to construct several four-story buildings to a height of 50 feet above grade. This grade could be and will likely be an additional 15 feet or so above the present grade to match the grade of the entrance road to Saturnia Lakes. While zoning allows building to a height of 50 feet, GLH limited the height to 35 feet within Saturnia Lakes. CDG asserts Saturnia Lakes properties could be redeveloped at the 50-foot level so that is the building height that should be permitted. That assertion simply will not happen because Saturnia Lakes was developed approximately ten to fifteen years ago with hundreds of single-family homes each on its own lot and fully developed at an actual maximum height of two stories. As such, the CDG Project or any future adjoining land development should be limited to the same 35-foot height because of the negative neighborhood effects not only to Saturnia Lakes but other nearby residential properties. We are not suggesting the CDG be prevented from developing the Cleary parcel. We only ask that the development be consistent with existing nearby residential development with reasonable density and building height restrictions. There are three development options in place for CDG including single-family homes, multi-family housing, or a senior care complex. Unfortunately, CDG has apparently rejected the option to develop the land as a single-family residential community, which is compatible with adjacent land use. Instead, CDG is pursuing Page 2 the development with the highest population density and most imposing structures, which is inconsistent with existing residential developments such the Saturnia Lakes and Heritage Greens communities. We also think the third option has a business purpose closer to a commercial enterprise than residential. On October 5, 2017, the Collier County Planning Commission considered changing the zoning classification of the real estate to be developed by CDG from a Rural Agricultural zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors. The vote was split with four ayes and two nays. Chair Mark Strain objected to the Cleary RPUD as proposed saying, "I will not support motion of approval for the following reasons. I think the height across the board is too high at 50 feet. I think the project is supposed to be transitional. Now compatibility is one thing, making it transitional is another. You don't double the density and increase the height to this magnitude next door to a project, especially when it's not an activity center. So I don't think the height is justified". He went on to say, "I believe that the density for the ALF is too high. It should not be given 0.60, especially since they won't look at a higher public purpose to gain that additional density. But at 0.45, 150 units are relevant in ratio to that. I think the density for the dwelling units is too high at seven units per acre. I think it should be five, which is 0.45 and more compatible and transitional from Saturnia Lakes". Secretary Diane Ebert and our District 3 representative also objected to the Cleary RPUD saying, "I also will not support. The transition is too great. I worry about the property next door going into the same thing". For your information, a similar sized undeveloped real estate parcel adjoins the Cleary RPUD to the west. At the meeting, the planning commissioners were told by a representative of Mike Manganaro, president of the Saturnia Lakes Homeowners Association (the "HOA"), the Cleary RPUD had complete support of the HOA. That statement is incorrect at best and perhaps misleading. The truth is Mike Manganaro, in conjunction with one or two other homeowners, entered into an agreement with CDG with only minor modifications to the Cleary RPUD. They did this without consulting the entire HOA board of directors. Furthermore, there was no communication of this agreement to the HOA residents until those present at the Planning Commission meeting heard it for the first time. Please note that Mike Manganaro was appointed and not elected to the HOA board of directors. In addition, Mr. Manganaro is presently subject to recall pursuant to Florida Statutes, section 720.303(10) for breaching his fiduciary responsibility. We assert that Mike Manganaro is not a voice for the people comprising the HOA and does not truly represent the best interests of the Saturnia Lakes community. Page 3 Please consider our petition to you and the rest of the Collier County Commissioners for modification of the Cleary RPUD reducing density and building height. Our neighbors and we would be most appreciative of your support. Sincerely, --VWL30\i's{—kAk Mary M. Opland David A. Opland LykinsDave From: KATHY MILLER <cjmsmom@comcast.net> Sent: Sunday, October 29, 2017 4:21 PM To: SaundersBurt Subject: Clearly development I'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan, we know that will make it worse. When the Cleary development is built, there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic, there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. Kathy Miller 2430 Butterfly Palm Drive 1 LykinsDave From: David Marin <dwmarin@optonline.net> Sent: Friday, October 27, 2017 9:15 AM To: SaundersBurt Cc: FialaDonna; SolisAndy;TaylorPenny; McDanielBill Subject: Opposition to Cleary CFPUD PL20160001985 Attachments: Naples Assisted Living Bldgs.pdf; ATT00001.htm October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, I'm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 "Cleary PUD". This proposed project is being presented at your November 14th meeting. Below I've summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 "Pre-Application Meeting Notes" #1 handwritten note says- "Address compliance with FLUE designation; FLUE policy 5.4 ("requires new land uses to be compatible with surrounding area'); FLUE objective 7 ("adhere to the existing development character of Collier County"and its applicable supporting policies"(such as developments provide "a range of housing prices and types")) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a "semantics" discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The County's Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the "comparable" existing height (and "community character") of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administration's Assisted Living Directory for Collier County I compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Cleary's proximity to Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document 1 Cleary is a "Quasi-Commercial" Development Cleary is asking the board to jump several steps from currently zoned Agricultural to "Quasi Commercial". In Principal Planner, Growth Management Department's Nancy Gundlach's 8/2/17 "third review of the Cleary PUD" rezone letter to Wayne Arnold (Grady Minor&Associates) and Richard Yovanovich (Coleman, Yovanovich and Koester, P.A.) she states "This PUD contains quasi commercial uses (ALF and CCRC) and residential uses. Therefore, it is a CFPUD, not a RPUD" I ask the BCC to draw a line in the sand and not allow for such a tall "quasi commercial" structure to set a precedent in our immediate community. 63 townhomes have never been taken off the table Cleary's Description of Work states: "Proposed rezone from the "A" Zoning District to RPUD to allow for group housing for seniors and/or residential dwelling units" ALL of Cleary's correspondence with the County includes his request for"A maximum development density of 63 (formerly 65) residential dwelling units or 200 units of group housing for seniors" (8/27/17 PUD exhibit from the Cleary "Planning Application Status" website) I believe Saturnia Lakes residents would welcome this option, and make for an easy BCC compromise - if it's good enough for Mr. Cleary to have proposed this option from day one, Saturnia would not oppose this low-rise option. Is there really a need for 200 additional assisted living beds in Naples? NO! Cleary lawyers try to argue, with the aging baby boomer generation, the obvious need for additional assisted living type of facilities. However, due to "turnover" at such facilities, the current number of beds (1765 in 24 facilities per AHCA Assisted Living Directory) in Collier County is not maxed out and there is currently no waiting for space in the largest ALRs: Terracina Grand - space available Brookdale North Naples - studio available (independant living) Tuscany Villa of Naples - space available Barrington Terrace - space available Bentley Village - space available Bradford Square - space available CCPC Chair Mark Strain was one of two "No" votes At the 10/5 Cleary planning meeting Chair Mark Strain felt a) Cleary's proposal option for the 200 beds ALF/CCRC should really only be zoned for 150 beds, and b) the 63 residential dwelling units should really only be 45 - I believe he felt in both cases this was due to the standard .45 FAR. 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(i) 0cri o X'l as a Goodlette-Vial*Rd I N • EP. .`'‹ Creekstde St UJ . m, ;' vi w. > cD _ r p -11, -"f caroi— _- 3ue/0 # _ h - 2; ` 0 ( : - V h 0 w '• - t- Z , - ii L.9 • W (fit ' `, .. i i t r ` t� LL O (...(1:3 CO m - �, ,� A. ChartwelCtn '` - eN . • Si. cn , E V Glen Eagle Blvd , co u 1 (,) tea. N * - m. U ti 4'43 cis- .:.- Aikaid qno e f D > ft r c'3 0 vit 130,,,,,. lik *..i.,„ei.0.a'.i."_i k',,,,,,i,t,...n1, .i.. a..,vlk l.4 i1i i' .1 IP , :- 4i4, 1.'a,"_:,i.„.t"...,j 0 « 4. life ,, , 1 co --- Q.) , ....., .., ., Q. - h O 00 1 o - - _ _ , ... i N ...,. ...... '*4 , ,- - i ... .. . U clo CO co U0. U a.) , , 0 -411 ticva Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. ix NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I 'Correspondence I le-mails Calls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. pQ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails flCalls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence e-mails ❑Call Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 ADVERTISED PUBLIC HEARINGS 9.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings t:ICorrespondence ®e-mails ®Calls MEETINGS: 11-3-17 with Rod Gustafson, Pat Howard, Bob Owens 11-10-17 with Patrick Neale, Michael Manganaro 11-13-17 with Rich Yovanovich, Mr. Cleary LETTERS: 10-31-17 from Albert Jaskot 11-1-17 from Diane Jaskot PHONE CALLS: 10-13-17 from Jerry Kelly E-MAILS: many, see attached GoodnerAngela From: Mary Anne Guarino <maryanneguarino@gmail.com> Sent: Sunday, November 12, 2017 11:28 AM To: SolisAndy Cc: GoodnerAngela Subject: Cleary Project Follow Up Flag: Follow up Flag Status: Completed Dear Mr. Solis, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th, where all of the Saturnia residents, except two, one being our lawyer Patrick Neale, were shocked to hear that our HOA president had signed an agreement, without holding a board meeting with the residents, with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes. This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday,November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end, our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. I do not want to take up a lot of your time but there are several concerns we have concerning this project. The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition, we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. i If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way, which will now be lost forever. A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 2 GoodnerAngela From: karen@patrickneale.com on behalf of Karen Klukiewicz <karen@patrickneale.com> Sent: Friday, November 10, 2017 12:19 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Cc: pneale@patrickneale.com; mmanganaroatsaturnia@gmail.com Subject: Registered: Letter from Saturnia Lakes HOA Board - Agenda Item 9.a. for 11/14/2017 Meeting Attachments: Board Letter to BCC.pdf REGISTERED EMAIL ®Mail CERTIFIED DELIVERY, CONTENT & TIME This is a Registered Email' message from Karen Klukiewicz. Please see and review attached letter sent on behalf of the Saturnia Lakes Homeowners Association Board regarding the Cleary PUD—Petition PL 20160001985. This is agenda item for Tuesdays BCC meeting. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 1 November 7, 2017 Board of County Commissioners Collier County, Florida 3299 Tamiami Trail East, Suite 301 Naples, FL RE: Cleary PUD—Petition PL20160001985 Dear Commissioners: I am writing this in my capacity as the president of the Saturnia Lakes Homeowners' Association, Inc. (hereafter Association) The Saturnia Lakes development is directly adjacent to the proposed development referenced above. Therefore, the quality and impact of the proposed development is of great concern to our members. The Board of Directors of the Association has carefully considered the above petition at several meetings which were properly noticed to the membership of the Association. Our counsel, Patrick Neale, has communicated with counsel for the developer, Richard Yovanovich. The developer and the Association, as represented by its Board of Directors, have reached agreement on certain conditions for the proposed development. There remains one development standard proposed by the developer upon which the Association and developer cannot agree. The position of the Association as set out herein was unanimously approved by the Board of Directors of the Association at a telephonic board meeting on October 27, 2017 called for the purpose of considering the impact of this petition. The development standards upon which the developer and Association have reached agreement are: 1. Height: Three stories maximum with height not to exceed 37 foot zoned height, 45 foot maximum height, as defined in LDC 1.08.02.. Three stories to include parking, so if there is parking under the building there will be a maximum of two stories of construction above parking. 2. Floor Area Ratio: 0.50 maximum. 3. Setback—30 feet on east side of Cleary PUD adjoining Saturnia Lakes, no parking or accessory structures in setback. 4. Construction standards as set out in CCPC recommendations. a. Concrete Masonry Unit construction and stucco, or approved equivalent b. Cement or slate tile roof or approved equivalent c. Minimum 9 Foot ceiling heights with first floor units d. Concrete pavers at entrance/exit. e. Gated Entry 5. Enhanced buffering on east side adjacent to Saturnia Lakes maximizing use of mature vegetation and trees in place and enhanced with additional vegetation and trees to improve opacity. The Association cannot and does not support the residential density requested by the developer of seven (7) units per acre. That density is incompatible and inconsistent with the Saturnia Lakes density of slightly over three (3) units per acre. The Association could support a density of five (5) units per acre. We appreciate the diligent efforts of County staff and the Planning Commission in this matter. It is the Association's request that the Board of County Commissioners consider the position of the Saturnia Lakes Homeowners'Association in their evaluation of this petition Sincerely Michael Manganaro President GoodnerAngela From: JOHN HART <kkh,jjh@me.com> Sent: Tuesday, November 7, 2017 10:25 AM To: SolisAndy Subject: Cleary PUD Follow Up Flag: Follow up Flag Status: Completed Our opposition to the development of the ClearyProperty on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in the Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to 951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd. will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know that the Cleary property will be developed but we strongly disagree as to the height and it will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 3 GoodnerAngela From: Patricia Howard <pdhoward83@gmail.com> Sent: Thursday, November 2, 2017 3:01 PM To: SolisAndy Subject: Clear Deveopment Follow Up Flag: Follow up Flag Status: Completed Commissioner Solis I want to thank you for agreeing to meet with a small group of Saturnia Lakes residents so that we can voice the concerns we have with the proposed Cleary Development. I have attached a list that outlines the issues which are most troubling for our community.We look forward to meeting with you tomorrow at 2:30pm. Sincerely Cleary Development Pat Howard 4 GoodnerAngela From: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 31, 2017 5:09 PM To: SolisAndy Subject: Re: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hi Andy, Thanks for the opportunity to meet you. Looking forward to seeing you on Friday at 2:30 pm November 3rd. I'll email you specific points of concern as well as additional information which should be helpful in the decision making process. Is it okay that I ask Pat Howard, Rod Gustafson and Gerald Kelly to also attend the meeting as each can articulate specific concerns? Looking forward to meeting you on Friday November 3rd 2:30 p.m. Rick From: SolisAndy <AndySolis@colliergov.net> To: rick carabajal <rickcarabajal@yahoo.com> Sent: Monday, October 30, 2017 5:00 PM Subject: RE: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hello, Rick: Is your group available at 2:30 this Friday afternoon? Let me know, and if so, send me the names of all who will be attending. If you have any written materials, the Commissioner prefers to have them in advance, so that you can discuss them together. Brief directions and a link to a map of the county complex is below. I look forward to hearing from you. The Board of County Commissioners offices are located in the Government Complex at 3299 Tamiami Trail East, at the corner of Airport and the East Trail. (HERE is a link to a map of the complex. If you're coming from the North or West, use the entrance off Airport and drive through the complex; if you're coming from the South/East, the entrance from the East Trail is the easiest.) The easiest thing to do is use Parking Garage #2. Our offices are in Building F. You'll pass through a metal detector at the entrance to the building, and they'll direct you from there. Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq. Collier County District 2 Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! From: rick carabajal [mailto:rickcarabajal@yahoo.com] Sent: Monday, October 30, 2017 8:36 AM To: SolisAndy <AndySolis@colliergov.net> Subject: Re: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP 1 Hi Andy, Thanks for the response, I'm wondering if you might have 15-30 minutes sometime before the November hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around lmmokalee Road and Logan Avenue, the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits, I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal From: SolisAndy <AndySolis@colliergov.net> To: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 24, 2017 11:25 AM Subject: RE: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hello, Mr. Carabajal: Thank you for your email detailing your concerns regarding the proposed Cleary development. Call me when you're ready to schedule a meeting, and we'll see when we can get it set up. Sent on behalf of Commissioner Solis by Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq. Collier County District 2 Phone: 239.252.8602 Fax: 239.252.6947 2 Sign up for the District 2 newsletter HERE! From: rick carabajal [mailto:rickcarabajal(c�yahoo.com] Sent: Tuesday, October 24, 2017 10:52 AM To: SolisAndy <AndySolis(a colliergov.net> Subject: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Dear Andy, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 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. 3 GoodnerAngela From: rick carabajal <rickcarabajal@yahoo.com> Sent: Monday, October 30, 2017 8:36 AM To: SolisAndy Subject: Re: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Follow Up Flag: Follow up Flag Status: Completed Hi Andy, Thanks for the response, I'm wondering if you might have 15-30 minutes sometime before the November hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits, I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal From: SolisAndy <AndySolis@colliergov.net> To: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 24, 2017 11:25 AM Subject: RE: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hello, Mr. Carabajal: 1 Thank you for your email detailing your concerns regarding the proposed Cleary development. Call me when you're ready to schedule a meeting, and we'll see when we can get it set up. Sent on behalf of Commissioner Solis by Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq. Collier County District 2 Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! From: rick carabajal [mailto:rickcarabajal@yahoo.com] Sent: Tuesday, October 24, 2017 10:52 AM To: SolisAndy <AndySolis@colliergov.net> Subject: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Dear Andy, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 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 GoodnerAngela From: KATHY MILLER <cjmsmom@comcast.net> Sent: Sunday, October 29, 2017 4:29 PM To: SolisAndy Subject: Cleary property I'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan, we know that will make it worse. When the Cleary development is built,there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic,there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. Kathy Miller 2430 Butterfly Palm Drive 1 GoodnerAngela From: David Opland <martiandust@gmail.com> Sent: Saturday, October 28, 2017 1:39 PM To: SolisAndy Subject: Objections to Cleary PUD Attachments: Letter to Andy Solis Board of County Commissioners 20170128.pdf; ATT00001.htm Commissioner Solis, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns,which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property.The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately,they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust@gmail.com GoodnerAngela From: David Marin <dwmarin@optonline.net> Sent: Friday, October 27, 2017 9:15 AM To: SaundersBurt Cc: FialaDonna; SolisAndy;TaylorPenny; McDanielBill Subject: Opposition to Cleary CFPUD PL20160001985 Attachments: Naples Assisted Living Bldgs.pdf;ATT00001.htm Follow Up Flag: Follow up Flag Status: Completed October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, I'm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 "Cleary PUD". This proposed project is being presented at your November 14th meeting. Below I've summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 "Pre-Application Meeting Notes" #1 handwritten note says- "Address compliance with FLUE designation; FLUE policy 5.4 ("requires new land uses to be compatible with surrounding area'); FLUE objective 7 ("adhere to the existing development character of Collier County"and its applicable supporting policies"(such as developments provide "a range of housing prices and types")) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a "semantics" discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The County's Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the "comparable" existing height (and "community character") of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administration's Assisted Living Directory for Collier County I compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Cleary's proximity to 1 Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document Cleary is a "Quasi-Commercial" Development Cleary is asking the board to jump several steps from currently zoned Agricultural to "Quasi Commercial". In Principal Planner, Growth Management Department's Nancy Gundlach's 8/2/17 "third review of the Cleary PUD" rezone letter to Wayne Arnold (Grady Minor &Associates) and Richard Yovanovich (Coleman, Yovanovich and Koester, P.A.) she states "This PUD contains quasi commercial uses (ALF and CCRC) and residential uses. Therefore, it is a CFPUD, not a RPUD" I ask the BCC to draw a line in the sand and not allow for such a tall "quasi commercial" structure to set a precedent in our immediate community. 63 townhomes have never been taken off the table Cleary's Description of Work states: "Proposed rezone from the "A" Zoning District to RPUD to allow for group housing for seniors and/or residential dwelling units" ALL of Cleary's correspondence with the County includes his request for"A maximum development density of 63 (formerly 65) residential dwelling units or 200 units of group housing for seniors" (8/27/17 PUD exhibit from the Cleary "Planning Application Status" website) I believe Saturnia Lakes residents would welcome this option, and make for an easy BCC compromise - if it's good enough for Mr. Cleary to have proposed this option from day one, Saturnia would not oppose this low-rise option. Is there really a need for 200 additional assisted living beds in Naples? NO! Cleary lawyers try to argue, with the aging baby boomer generation, the obvious need for additional assisted living type of facilities. However, due to "turnover" at such facilities, the current number of beds (1765 in 24 facilities per AHCA Assisted Living Directory) in Collier County is not maxed out and there is currently no waiting for space in the largest ALRs: Terracina Grand - space available Brookdale North Naples - studio available (independant living) Tuscany Villa of Naples - space available Barrington Terrace - space available Bentley Village - space available Bradford Square - space available CCPC Chair Mark Strain was one of two "No" votes At the 10/5 Cleary planning meeting Chair Mark Strain felt a) Cleary's proposal option for the 200 beds ALF/CCRC should really only be zoned for 150 beds, and b) the 63 residential dwelling units should really only be 45 - I believe he felt in both cases this was due to the standard .45 FAR. Reducing the 200 units to 150 would also reduce by 25% all support staff associated with care at the facility. Mr. Saunders, based on these arguments I request you and the other members of the Board reject Mr. Cleary's request for such a large structure so close to our Saturnia Lakes community, and instead approve his smaller scale 63 townhomes option. 2 Thank you, Dave Marin 2403 Butterfly Palm Dr. Naples, FL 34119 914-413-2351 Cc: Donna Fiala Andy Solis Penny Taylor William McDaniel, Jr. 3 GoodnerAngela From: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 24, 2017 10:52 AM To: SolisAndy Subject: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Follow Up Flag: Follow up Flag Status: Completed Dear Andy, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 5 GoodnerAngela From: Mary Ellen Gustafson <megustafson@yahoo.com> Sent: Tuesday, October 24, 2017 10:50 AM To: SolisAndy Subject: Saturnia Lakes and the Cleary Development Project Follow Up Flag: Follow up Flag Status: Completed Dear Mr. Solis: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote"NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area-- building a 50' building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility --the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 5. This project will create dangerous traffic problems. Please vote "NO"for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 6 GoodnerAngela From: Barbara Morley <bjmorley2@gmail.com> Sent: Friday, October 20, 2017 10:46 AM Subject: RPUD CLEARY SITE - Immokalee Road Follow Up Flag: Follow up Flag Status: Completed Allow me to introduce myself. I am Barbara Morley, a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One" to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee. Their newly proposed second option, if approved, would allow them to build a 50' tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives, under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road, East and West of the Cleary site and there are no buildings greater than two stories within a 2 1/2 mile radius. • As you are aware, West of the Cleary property is another long, narrow 9 acre site similar to the Cleary land. This site has been referred to as the "Walker" property. Collier County plans show an access lane, which has been carved out of the Walker property, to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles, delivery trucks, waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval, will also want to build a similar multi unit building, the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow. The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580 + resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH, which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow. This turn lane also provides "U-turn ability for residents of Heritage Hills, a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department, who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties. Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75, create traffic and safety nightmares for those 7 living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. The logical solution is for this Commission to approve Cleary's "OPTION ONE". Cleary's Option One is suitable and the proper way to develop this site. There have been no objections by current owners or residents to Cleary's "Option One" which would create 63 single family homes within a gated community as outlined and still on the table in their proposals. 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QUAIL GREEK LONGSHORE OWE CYPRESS VILLAGE LAKE 1100 10 GoodnerAngela From: Tom Caione <tcaione@comcast.net> Sent: Thursday, October 19, 2017 8:12 PM To: SolisAndy Cc: GoodnerAngela Subject: Cleary Property Proposal Attachments: Cleary Letter.docx Follow Up Flag: Follow up Flag Status: Completed Dear Mr. Solis, Please see the attached regarding the Cleary Property Proposal.Thank you. Sincerely, Thomas and Janet Caione 2379 Butterfly palm Drive Naples, FL 34119 Sent from Mail for Windows 10 11 GoodnerAngela From: Rccpc7335 <rccpc7335@aol.com> Sent: Tuesday, October 17, 2017 10:47 AM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill; FilsonSue Subject: Cleary Project Follow Up Flag: Follow up Flag Status: Completed Dear Commissioner: I am a homeowner in Saturnia Lakes and a member of the HOA. I write to you to voice my opposition to the Cleary project proposed to be built directly to our west along Immokalee Road. Although my wife and I presently are in New York, I have been kept abreast of the misadventures which have occurred including your last public hearing at which the Cleary project was discussed. The proposal, as I understand it, is for the construction of a nursing facility for the aged and infirm with at least one of the proposed structures to be almost 50 feet in height. Through miscommunication involving one of our directors and his privately-hired attorney, your Board was informed that we had no objection and that Saturnia Lakes agreed to the proposal as submitted. Nothing could be further from the truth. Although you have no obligation to monitor our private HOA procedures, it is sufficient to state that the statement made on the record at your hearing by that attorney was not the result of any advance notice, general meeting, or approval by the membership. The rest is internal confusion which we now undergo as a result of the unauthorized actions I refer to. Let me simply state that Robert and Billie Ann Carlsen, who reside at 2350 Butterfly Palm Drive in Saturnia Lakes, oppose the project as submitted to you and wish to be on record together with many others in informing you of this fact. Respectfully, Robert C. Carlsen, Esq. 75-19 Myrtle Avenue Glendale, NY 11385 718-366-0058 12 GoodnerAngela From: Gerald Kelly <jspreppie71@gmail.com> Sent: Monday, October 16, 2017 3:46 PM To: GoodnerAngela Subject: Cleary RPUD PUDZ-PL20160001985 Ms. Goodner, I just emailed Mr. Solis concerning the proposed development of the Cleary RPUD. This property is on the western border of our community at the entrance and would turn right off Immokalee Road only feet from Saturnia Lakes entrance. The proposed four story building would dwarf our community and add to noise, traffic and accident concerns. We also have daily school buses and vendors in and out all day. Hurricane Irma decimated our tree line so the view of the adjacent property is now very visible and no amount of plantings will fill-in enough to counteract the view. Our community was taken aback at the CCPC meeting of Oct. 5th. We learned that our HOA President had made a deal with the Cleary attorney and said the community was in favor of this development. This is not true .The residents are in opposition to this development and had a show of solidarity at that meeting by the wearing of white shirts and 200 petitions signed against it. Even Mark Strain and Diane Ebert voted against the Cleary Proposal. Please let Mr. Solis know our feelings and ask him to consider a "no" vote for us in the November BCC meeting. Thank you, Susan Kelly Saturnia Lakes resident 13 GoodnerAngela From: Millie Corcoran <mcorcoran1029@gmail.com> Sent: Monday, October 16, 2017 3:11 PM To: GoodnerAngela Subject: PUD-PL20160001985 Attachments: cleary project.docx Follow Up Flag: Follow up Flag Status: Completed Sent from Mail for Windows 10 14 GoodnerAngela From: Gerald Kelly <jspreppie71@gmail.com> Sent: Monday, October 16, 2017 2:50 PM To: SolisAndy Subject: Cleary RPUD Project Follow Up Flag: Follow up Flag Status: Completed I am a homeowner in the Saturnia Lakes Community and I would like to go on record as being opposed to the Cleary RPUD Project. The project would build a 4 story building on the Western border of our community that would tower over our 580 single family homes. The project is completely inconsistent with anything in this area of Collier County both in terms of density and design. Please do not be persuaded by the argument that the Cleary group has the full support of the Saturnia Lakes HOA. They do not and they know it. They have the full support of one individual who happens to be the HOA president. This individual signed a back room deal with Cleary that no one else in our community knew anything about. We are currently in the process of removing him from office. Please cast your vote to reject this ill conceived project. Thank You, Jerry Kelly 15 GoodnerAngela From: Gerald Kelly <jspreppie71@gmail.com> Sent: Monday, October 16, 2017 2:36 PM To: SolisAndy Subject: Cleary RPUD PUDZ-PL20160001985 Follow Up Flag: Follow up Flag Status: Completed Mr. Solis, I am a resident of Saturnia Lakes Community off Immokalee Road in North Naples. Our community is adjacent to the Cleary RPUD Project on our western border. I am strongly opposed to the proposed development of this property as they presented a four story building that would dwarf our entrance which has now lost the tree line due to Hurricane Irma. Also, with the shopping center going in on Logan Blvd. there will be more traffic, noise and potential accidents. The Cleary Property entrance will be on Immokalee Road next to Staturnia Lakes entrance which will cause traffic issues as there are numerous school buses every morning and afternoon in our community. Please consider a "no" vote as did Mark Strain and Diane Ebert (CCPC). Thank you, Susan Kelly Saturnia Lakes Resident 16 GoodnerAngela From: Val <vgmgp@aol.com> Sent: Sunday, October 15, 2017 4:05 PM To: SolisAndy Cc: GoodnerAngela Subject: Cleary development on Immokolee Follow Up Flag: Follow up Flag Status: Completed Dear Mr Solis, I live in Saturnian Lakes and I object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 17 GoodnerAngela From: romeysr@aol.com Sent: Sunday, October 15, 2017 3:32 PM To: SolisAndy Cc: GoodnerAngela Subject: Cleary PUD in North Naples Follow Up Flag: Follow up Flag Status: Completed Mr. Solis: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community (2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, Jerome Palmieri (610)405-3099 romeysr@aol.com 18 GoodnerAngela From: romeysr@aol.com Sent: Sunday, October 15, 2017 3:32 PM To: SolisAndy Cc: GoodnerAngela Subject: Cleary PUD in North Naples Follow Up Flag: Follow up Flag Status: Completed Mr. Solis: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community (2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, Jerome Palmieri (610)405-3099 romeysr@aol.com 19 GoodnerAngela From: Paul Petras <plpetras@yahoo.com> Sent: Sunday, October 15, 2017 12:37 PM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill Cc: DavidLykins@colliergov.net Subject: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Follow Up Flag: Follow up Flag Status: Completed Dear Commissioners: At the October 5th meeting of the Collier County Planning Commission, Mr. Manganaro indicated that the Saturnia Lakes HOA supports the Cleary development, but all of the Saturnia homeowners that I know are against it. Having 50 ft. tall buildings, so close to our main entrance,will destroy the integrity and charm of our community and those high density buildings will add traffic congestion to Immokalee Road,which is already extremely busy and destined to get busier once the recently approved Landings at Logan development is completed. Please protect our community and our home values by disapproving the proposed rezoning for the Cleary development or, at a minimum, restrict the height of buildings to 3 stories (above the current floodplain elevation of that lot) and increase the setback requirements. Thank you for your time and consideration. Sincerely, Paul Petras Saturnia Lakes Homeowner 1714 Triangle Palm Terrace Naples, FL 34119 20 GoodnerAngela From: Patricia Rose <patrose@me.com> Sent: Friday, October 13, 2017 10:12 PM To: SaundersBurt;TaylorPenny; FialaDonna; SolisAndy; McDanielBill; DavidLykins@colliergov.net; GrecoSherry; BrownleeMichael; GoodnerAngela; FilsonSue Subject: Cleary Project Follow Up Flag: Follow up Flag Status: Completed Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project, which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 21 GoodnerAngela From: Patricia Rose <patrose@me.com> Sent: Friday, October 13, 2017 10:12 PM To: SaundersBurt;TaylorPenny; FialaDonna; SolisAndy; McDanielBill; DavidLykins@colliergov.net; GrecoSherry; BrownleeMichael; GoodnerAngela; FilsonSue Subject: Cleary Project Follow Up Flag: Follow up Flag Status: Completed Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project, which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 22 GoodnerAngela From: Joseph Dykstra <jhdykstra@verizon.net> Sent: Friday, October 13, 2017 5:51 PM To: SaundersBurt; DavidLykins@colliergov.net;TaylorPenny; SherryGreco@collier.net; FialaDonna; BrownleeMichael; SolisAndy; GoodnerAngela; McDanielBill; FilsonSue Subject: Re: Cleary PUD Follow Up Flag: Follow up Flag Status: Completed Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s)will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. 23 GoodnerAngela From: Joseph Dykstra <jhdykstra@verizon.net> Sent: Friday, October 13, 2017 5:51 PM To: SaundersBurt; DavidLykins@colliergov.net; TaylorPenny; SherryGreco@collier.net; FialaDonna; BrownleeMichael; SolisAndy; GoodnerAngela; McDanielBill; FilsonSue Subject: Re: Cleary PUD Follow Up Flag: Follow up Flag Status: Completed Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s) will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man-made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. 25 GoodnerAngela From: Richard C. Guliano <guliano610@outlook.com> Sent: Friday, October 13, 2017 4:32 PM To: SolisAndy Subject: cleary development Follow Up Flag: Follow up Flag Status: Completed By allowing this project to be approved,you will not only hurt the home values of fellow Neapolitans, but will cause traffic jam beyond belief at this corner with 200 residential units and a new shopping center....please reconsider Sent from Mail for Windows 10 27 GoodnerAngela Subject: call to the office re: Cleary Development Start: Fri 10/13/2017 3:45 PM End: Fri 10/13/2017 4:00 PM Recurrence: (none) Organizer: SolisAndy Jerry Kelly, of Saturnia Lakes, called in opposition to the Cleary Development project proposed for next door to Saturnia. He stated that many Saturnia Lakes residents are opposed despite the HOA President's support of the project. GoodnerAngela Subject: Meeting Request: Cleary PUD, Rich Yovanovich and Mr. Cleary Location: Cohen & Grigsby Start: Mon 11/13/2017 9:30 AM End: Mon 11/13/2017 10:00 AM Recurrence: (none) Meeting Status: Accepted Organizer: GoodnerAngela Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Mercato Office From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Tuesday, October 10, 2017 11:31 AM To: GoodnerAngela Subject: Meeting Request: Cleary PUD Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client (Mr. Cleary) lives out of state, I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. Please let me know when the Commissioner is available on Monday November 13th Thank you in advance. Dianna Quintanilla Legal Assistant to 1 Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239.435.1218 dquintanilla@cyklawfirm.com Visit cyklawfirm.com to learn more about us. Both Dianna Quintanilla and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please notify Leanne Farmosa immediately at dquintanilla(@_cyklawfirm.com or call (239) 435-3535, and permanently dispose of the original message. 2 GoodnerAngela Subject: Cleary PUD with Patrick Neale and Michael Manganaro, President of Saturnia Lakes Location: Cohen &Grigsby Start: Fri 11/10/2017 10:00 AM End: Fri 11/10/2017 10:30 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Mercato Office Hello, Angela - Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting, and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Kfukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 1 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0. Box 9440 Naples, FL 34101-9440 2 GoodnerAngela Subject: Rod Gustafson, Pat Howard, Bob Owens - all of Saturnia Lakes, Cleary PUD Location: BCC Office Start: Fri 11/3/2017 2:30 PM End: Fri 11/3/2017 3:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Hi Andy, Thanks for the opportunity to meet you. Looking forward to seeing you on Friday at 2:30 pm November 3rd. I'll email you specific points of concern as well as additional information which should be helpful in the decision making process. Is it okay that I ask Pat Howard, Rod Gustafson and Gerald Kelly to also attend the meeting as each can articulate specific concerns? Looking forward to meeting you on Friday November 3rd 2:30 p.m. Rick Carabajal (ultimately unable to attend due to an emergency) From: SolisAndy <AndySolis aC�colliergov.net> To: rick carabajal <rickcarabajalyahoo.com> Sent: Monday, October 30, 2017 5:00 PM Subject: RE: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hello, Rick: Is your group available at 2:30 this Friday afternoon? Let me know, and if so, send me the names of all who will be attending. If you have any written materials, the Commissioner prefers to have them in advance, so that you can discuss them together. Brief directions and a link to a map of the county complex is below. I look forward to hearing from you. The Board of County Commissioners offices are located in the Government Complex at 3299 Tamiami Trail East, at the corner of Airport and the East Trail. (HERE is a link to a map of the complex. If you're coming from the North or West, use the entrance off Airport and drive through the complex; if you're coming from the South/East, the entrance from the East Trail is the easiest.) The easiest thing to do is use Parking Garage #2. Our offices are in Building F. You'll pass through a metal detector at the entrance to the building, and they'll direct you from there. Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq. Collier County District 2 Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! From: rick carabajal [mailto:rickcarabajal(a�yahoo.com] Sent: Monday, October 30, 2017 8:36 AM To: SolisAndy <AndySolis(a�colliergov.net> Subject: Re: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hi Andy, Thanks for the response, I'm wondering if you might have 15-30 minutes sometime before the November hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits, I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal From: SolisAndy <AndySolis(a�colliergov.net> To: rick carabajal <rickcarabajal c(Dyahoo.com> Sent: Tuesday, October 24, 2017 11:25 AM Subject: RE: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Hello, Mr. Carabajal: Thank you for your email detailing your concerns regarding the proposed Cleary development. Call me when you're ready to schedule a meeting, and we'll see when we can get it set up. 2 Sent on behalf of Commissioner Solis by Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq. Collier County District 2 Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! From: rick carabajal [mailto:rickcarabajal(c�yahoo.com] Sent: Tuesday, October 24, 2017 10:52 AM To: SolisAndy <AndySolis@colliergov.net> Subject: CLEARY DEVELOPMENT OPPOSITION REQUEST HELP Dear Andy, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 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. 3 CLEARY DEVELOPMENT • On 9 acres the developer is asking for a change in density of .6 allowing 150 units of senior/assisted living to a .45 density allowing 200 units. The community of Saturnia Lakes has 580 units with a density of.3. Across the street the Olde Cypress community has 1,100 units with a density of.2+. • Saturnia Lakes has only single family homes and this project is asking for a height allowance of 40-50 feet. With it's proximity to Saturnia Grande Blvd this will impact views, privacy and potential return on investment. • A shopping center is planned nearby at the corner of Logan and Immokalee. The shopping center has a 30,000 sq ft grocery store, space for 7 restaurants and 15 other retail spaces ranging from 1,250-8,000 square ft. The planned building height is between 18-22 feet. This has the potential to generate a high volume of traffic in a very congested area. • Combined, the three properties would have 3 entrances/exits within 0.2 miles between Logan and the entrance to Saturnia Lakes. Increasing traffic on an already heavily trafficked road. • The only entrance/exit for the Cleary Development and Heritage Greens is on Immokalee Rd which requires a u-turn to head West increasing the potential for motor vehicle accidents. • The 9 acres designated for the Cleary Development is already flood prone and with the surface hardening the risk for flooding increases. Both Saturnia Lakes and Heritage Greens had major failures of the sewer system with hurricane Irma. Saturnia Lakes residents were unable to use bathrooms and Heritage Greens had raw sewage on the streets. The flooding also increased the length of time the communities were without electricity. • Any zoning change should either benefit or compliment the adjacent community. This project does neither. • The requested change does not address the issue of inadequate beds/residences for affordable housing for seniors or people on medicaid. The need to staff an assisted living facility and lack of affordable housing will increase the number of workers commuting from outside Collier County adding to an already burdened traffic problem on local roads and 1-75. • The average cost for assisted living in Collier is $4,500 a month, extras excluded. This cost is out of reach for many of our senior citizens who wish to remain in a community where they have developed strong ties. • We believe this project places an undue burden on the surrounding communities, and Saturnia Lakes in particular, without benefit to the larger Collier Community. • We are not against any development on the site. 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'' ' Q j !~ L E 3 r' 10'1{0 '.-1 2 1 ,\ -( ,''''' '" II.,..L..1— ---- r.,_._ ni n LI g t L:__ I - II US (jam) r 1 �] � , I - PRESERVE • 1 - - x N — _lir IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY 20'WIDE TYPE'D'LANDSCAPE BUFFER I , 0 50• 100. —.___tea _ SCALE:1"=100' (,/,,,/,,,,,/,,,,,, '' '7 (-7-77(,). /r/r. /)-1 - r I rrrrrrrrrrrrrrr1I rrrrrrrrrrrI TRACT OS15" 1 I /,„,r,,r,, r,,r,,rJr I I (OPEN SPACE, WATER MANAGEMENT 1 I _ I D.E.ANDA.E.) 1 r I;r r ff rr//)//;//;f rrr I I 1� POTENTIAL I I /e/////rr rr ///rr INTERCONNECTION rr rr rrr rrr rr rr I I r r r r r I , SATURNIA LAKES , SK,,rr,�r r1_� I I i 15'L.B.E. I � 1 30'RIGHT-OF-WAY EASEMENT (OR 111,P''28) I CONCEPTUAL _ I // TORE VACATED RESIDENTIAL BUILDING I :' I II II ' Ii , I I I iI 15'WIDE PUD BOUNDARY TYPE LANDSCAPE I D BUFFER I l i c y C ZONED:A I I z D C UNDEVELOPED I i i I y RIGASPUD x oy r- RESIDENTIAL I CONCEPTUAL I I I w m I RESIDENTIAL I ; o rn-13 BUILDING I I m -81 D O 10'WIDETYPE'A' I I I I o m LANDSCAPE BUFFER I - I I SITE DATA I I I TOTAL SITE AREA: 8.99±AC RESIDENTIAL 5.36±AC CONCEPTUAL I I PRESERVE 1.27±AC RESIDENTIAL BUILDING11 WATER MANAGEMENT 1.0±AC I I I 11 \ BUFFERS/OPEN SPACE 1.36±AC I MAXIMUM DWELLING UNITS: 65 - I I `I MAXIMUM GROUP HOUSING UNITS: 200 I 30'RIGHT-OF-WAY EASEMENT MAXIMUM DENSITY: 7 DU/AC TO(OBE VACATED PG TI I R BE I �� PRESERVE: \ REQUIRED-1.27±ACRES(8.46±ACRES NATIVE I I \` VEGETATION X 15%) " PROVIDED-1.27±ACRES iW y �WZ mt l g N 1 W .` y W m a a + ,\ OPEN SPACE: REQUIRED PROVIDED w a v LL W W W I 15'L.B.E. RESIDENTIAL: 5.4±AC(60%) 5.4±AC(60%) - y l'" "•,.W• y • EV�y * ' I \` GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%) ' - 0 o p " "' " W - " - ` W 4-- --'---'a---e---4---.- 4.---,- ----'— NOTES W .. W W . . . J 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS RIGAS PUD '1\ SUBJECT TO MINOR MODIFICATION DUE TO RESIDENTIAL \ AGENCY PERMITTING REQUIREMENTS. SATURN/A LAKES PLAT ONE 2. ALL ACREAGES, EXCEPT PRESERVE, ARE APPROXIMATE AND SUBJECT TO MODIFICATION (PB 36,PG 56-65) TRACT"OS 15" it\ AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. (OPEN SPACE,D.E.ANDA.E.) 3. THE EXISTING PRESERVES WILL MEET BUFFER REQUIREMENTS AFTER EXOTICS ARE REMOVED. I LEGEND CLEARY RPM) acim ®GradyMinor 0 c ' WM rva Ws REVISED "•°��+ EXHIBIT C 05/08/2017 m. Civil Engineers . Land Surveyors . Plamers . Landscape Archiints MASTER PLAN Moelu Um¢.21a'aax.,•rt a.+,niY<orm,... Ix<.,.r,.s arc Apene zaaaso.aa® WW1 1c 0I 1 l' U.rc+cv.rnwaa.,ww-PLUMING,14,1-area."aOPmry acture iva,amo,a6Iwwom,Acna ver c"KT_n_oac 5/6/20172,1 w EXHIBIT D FOR CLEARY RPUD PARCEL 1 (OR 2651, PG 2615) THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA PARCEL 2 (OR 5355, PG 1948) THE WEST 1/2 OF THE SW 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LYING AND BEING IN THE COUNTY OF COLLIER AND STATE OF FLORIDA PARCELS 1 & 2 CONTAINING 8.99 ACRES MORE OR LESS COMBINED Cleary RPUD Page 5 of 8 May 8,2017 1523 Pacaya Cove Naples, Florida 34119 November 1, 2017 — RECEIVED-- Commissioner Andy Solis Board of County Commissioners NOV 6 2017 3299 Tamiami Trail East Suite 303 By. Naples, Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Solis: I am a resident of Saturnia Lakes, a community of 580 single family houses, and am requesting your support in opposition to the proposed rezoning of the property on Immokalee Road and Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story homes. This is entirely incompatible with the adjacent community. A project of this size would have an adverse effect on property values, add to the traffic congestion problem on Immokalee Road, create a noise condition in the surrounding residential community, and possibly create a flooding situation in Saturnia Lakes. Water did come dangerously close to our homes during Hurricane Irma. I believe any building on this property should be similar in height, scope and character to the neighborhood it borders. I hope you will join the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Yours truly, 404-30:9f--446-1- Diane Jaskot 1523 Pacaya Comae- A DECEIVED) — Naples, Florida 4119 October 31, 201' NOV 6 2017 Commissioner Andy Solis By. Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Solis: As a resident of Naples, I am writing to express my opposition to the request to rezone the property on Immokalee Road,just west of Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story single family homes. This is entirely incompatible with the adjacent community. Any building on this property should be complementary with the nearby neighborhood. Height restrictions should be consistent with the adjoining Saturnia Lakes development of 580 homes. I am sure you would not like a five story building next to your single family home. This proposal would destroy property values in the neighborhood, add an unacceptable level of noise to the surrounding homes, and dramatically contribute to the traffic congestion on Immokalee Road with cars and trucks exiting and entering the facility. Flooding would also be a potential problem, as this development plans to tap into the Saturnia Lakes discharge system which is already overtaxed. During Hurricane Irma water was within inches of many of our homes. I sincerely hope you will support the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Respectfully, • 42-71/ Albert J. Jaskot Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 ADVERTISED PUBLIC HEARINGS 9.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD, to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] NO DISCLOSURE FOR THIS ITEM 7 SEE FILE ®Meetings ®Correspondence ®e-mails ®Calls Emails, Letters and Phone Calls from residents of neighboring communities, Met w/ Mr. Yovanovich, Franchesca Passidomo & Mr. Cleary, Met w/ Patrick Neale & Michael Manganaro of Saturnia Lakes, discussions with staff and read the Staff Report BrownleeMichael From: Val <vgmgp@aol.com> Sent: Sunday, October 15, 2017 4:03 PM To: FialaDonna Cc: BrownleeMichael Subject: Cleary development on Immokolee9/1111° Categories: PRINTED Dear Ms Fiala, I live in Saturnian Lakes and I object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 1 BrownleeMichael From: rick carabajal <rickcarabajal@yahoo.com> Sent: Tuesday, October 24, 2017 10:52 AM To: FialaDonna Subject: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Dear Donna, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, Rick Carabajal 1599 Triangle Plam Ter Naples, FL 34119 1 BrownleeMichael From: Richard C. Guliano <guliano610@outlook.com> Sent: Friday, October 13, 2017 4:25 PM To: FialaDonna Subject: cleary development With all due respect, how could board members, members of this beautiful community, allow such a project, a 4 story, 50 ft building, with noise from air conditioners,traffic etc. effecting an abutting neighborhood allow this to pass disappointed PS.......not to mention an adjoining new shopping center Sent from Mail for Windows 10 1 BrownleeMichael From: JOHN HART <kkhjjh@me.com> Sent: Friday, November 03, 2017 1:15 PM To: FialaDonna Subject: Cleary PUD Our opposition to the development of the Cleary property on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in the Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to 951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd. will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know that the Cleary property will be developed but we strongly disagree as to the height and it will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 1 BrownleeMichael From: romeysr@aol.com Sent: Sunday, October 15, 2017 3:28 PM To: FialaDonna Cc: BrownleeMichael Subject: Cleary PUD in North Naples Ms. Fiala: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community (2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, Jerome Palmieri (610)405-3099 romeysr@aol.com 1 BrownleeMichael From: Patricia Rose <patrose@me.com> Sent: Friday, October 13, 2017 10:12 PM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill; DavidLykins@colliergov.net; GrecoSherry; BrownleeMichael; GoodnerAngela; FilsonSue Subject: Cleary Project Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project,which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 1 BrownleeMichael From: KATHY MILLER <cjmsmom@comcast.net> Sent: Sunday, October 29, 2017 4:28 PM To: FialaDonna Subject: Cleary property 'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan,we know that will make it worse. When the Cleary development is built,there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic, there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. Kathy Miller 2430 Butterfly Palm Drive 1 BrownleeMichael From: Tom Caione <tcaione@comcast.net> Sent: Thursday, October 19, 2017 8:08 PM To: FialaDonna Subject: Cleary Property Proposal Attachments: Cleary Letter.docx Dear Ms. Fiala, Please see the attached regarding the Cleary property proposal. Thank you. Sincerely, Thomas and Janet Caione 2379 butterfly Palm Drive Naples, FL 34119 Sent from Mail for Windows 10 1 BrownleeMichael From: Gerald Kelly <jspreppie7l©gmail.com> Sent: Monday, October 16, 2017 11:23 AM To: FialaDonna Subject: Cleary RPUD PUDZ-PL20160001985 Ms. Fiala, I am writing to you to oppose the development of the Cleary RPUD. As presented at a CCPC meeting on October 5th, the attorney for the Cleary Project indicated that the residents of Saturnia Lakes (community off of Immokalee Road in North Naples) were in favor of this project. Please know that is a false statement. A four story building would tower over our community and lead to traffic, noise and potential accidents. Also, Hurricane Irma downed much of the tree line on our western border which would make the building much more visible at the entrance of our community. Even with re-plantings, it will take years for the view to diminish. Both Mark Strain and Diane Ebert strongly disagreed with the CCPC vote. Please consider a "no" vote for the Cleary Project as well at your November BCC meeting. Thank you, Susan Kelly 2426 Butterfly Palm Dr, Naples,Fl. 34119 1 BrownleeMichael From: Gerald Kelly <jspreppie71 @gmail.com> Sent: Monday, October 16, 2017 2:32 PM To: FialaDonna Subject: Cleary RPUD Project Categories: PRINTED I am a homeowner in the Saturnia Lakes Community and I would like to go on record as being completely opposed to the Cleary RPUD Project. The project would place a 4 story building on our western border. This is inconsistent with all other construction in our area of Collier County both in terms of density and design. If built as designed, the building would tower over our community of single family homes and have a serious adverse impact on property values. Please do not be persuaded by the argument that Cleary has the complete support of the Saturnia Lakes HOA. That simply is not true and they know it. They have the full support of one individual who happens to be our HOA President and he signed a back room deal with the Cleary grout that no one else in our community knew anything about. we are in the process of removing him from office at the present time. Please consider all of the facts and vote against this misfit project. Thank you, Jerry Kelly 1 BrownleeMichael From: David Opland <martiandust@gmail.com> Sent: Saturday, October 28, 2017 1:39 PM To: FialaDonna Subject: Objections to Cleary PUD Attachments: Letter to Donna Fiala Board of County Commissioners 20170128.pdf; ATT00001.htm Commissioner Fiala, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns, which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property.The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately,they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust@gmail.com 1 BrownleeMichael From: David Marin <dwmarin@optonline.net> Sent: Friday, October 27, 2017 9:15 AM To: SaundersBurt Cc: FialaDonna; SolisAndy; TaylorPenny; McDanielBill Subject: Opposition to Cleary CFPUD PL20160001985 Attachments: Naples Assisted Living Bldgs.pdf; ATT00001.htm October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, I'm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 "Cleary PUD". This proposed project is being presented at your November 14th meeting. Below I've summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 "Pre-Application Meeting Notes" #1 handwritten note says- "Address compliance with FLUE designation; FLUE policy 5.4 ("requires new land uses to be compatible with surrounding area"); FLUE objective 7 ("adhere to the existing development character of Collier County"and its applicable supporting policies"(such as developments provide "a range of housing prices and types")) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a "semantics" discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The County's Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the "comparable" existing height (and "community character") of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administration's Assisted Living Directory for Collier County I compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Cleary's proximity to Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document Cleary is a "Quasi-Commercial" Development 1 Cleary is asking the board to jump several steps from currently zoned Agricultural to "Quasi Commercial". In Principal Planner, Growth Management Department's Nancy Gundlach's 8/2/17 "third review of the Cleary PUD" rezone letter to Wayne Arnold (Grady Minor &Associates) and Richard Yovanovich (Coleman, Yovanovich and Koester, P.A.) she states "This PUD contains quasi commercial uses (ALF and CCRC) and residential uses. Therefore, it is a CFPUD, not a RPUD" I ask the BCC to draw a line in the sand and not allow for such a tall "quasi commercial" structure to set a precedent in our immediate community. 63 townhomes have never been taken off the table Cleary's Description of Work states: "Proposed rezone from the "A" Zoning District to RPUD to allow for group housing for seniors and/or residential dwelling units" ALL of Cleary's correspondence with the County includes his request for"A maximum development density of 63 (formerly 65) residential dwelling units or 200 units of group housing for seniors" (8/27/17 PUD exhibit from the Cleary "Planning Application Status" website) I believe Saturnia Lakes residents would welcome this option, and make for an easy BCC compromise - if it's good enough for Mr. Cleary to have proposed this option from day one, Saturnia would not oppose this low-rise option. Is there really a need for 200 additional assisted living beds in Naples? NO! Cleary lawyers try to argue, with the aging baby boomer generation, the obvious need for additional assisted living type of facilities. However, due to "turnover" at such facilities, the current number of beds (1765 in 24 facilities per AHCA Assisted Living Directory) in Collier County is not maxed out and there is currently no waiting for space in the largest ALRs: Terracina Grand - space available Brookdale North Naples - studio available (independant living) Tuscany Villa of Naples - space available Barrington Terrace - space available Bentley Village - space available Bradford Square - space available CCPC Chair Mark Strain was one of two "No" votes At the 10/5 Cleary planning meeting Chair Mark Strain felt a) Cleary's proposal option for the 200 beds ALF/CCRC should really only be zoned for 150 beds, and b) the 63 residential dwelling units should really only be 45 - I believe he felt in both cases this was due to the standard .45 FAR. Reducing the 200 units to 150 would also reduce by 25% all support staff associated with care at the facility. Mr. Saunders, based on these arguments I request you and the other members of the Board reject Mr. Cleary's request for such a large structure so close to our Saturnia Lakes community, and instead approve his smaller scale 63 townhomes option. Thank you, Dave Marin 2403 Butterfly Palm Dr. Naples, FL 34119 914-413-2351 2 Cc: Donna Fiala Andy Solis Penny Taylor William McDaniel, Jr. 3 BrownleeMichael From: Paul Petras <plpetras@yahoo.com> Sent: Sunday, October 15, 2017 12:37 PM To: SaundersBurt; TaylorPenny; FialaDonna; SolisAndy; McDanielBill Cc: DavidLykins@colliergov.net Subject: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Categories: PRINTED Dear Commissioners: At the October 5th meeting of the Collier County Planning Commission, Mr. Manganaro indicated that the Saturnia Lakes HOA supports the Cleary development, but all of the Saturnia homeowners that I know are against it. Having 50 ft. tall buildings, so close to our main entrance, will destroy the integrity and charm of our community and those high density buildings will add traffic congestion to Immokalee Road, which is already extremely busy and destined to get busier once the recently approved Landings at Logan development is completed. Please protect our community and our home values by disapproving the proposed rezoning for the Cleary development or, at a minimum, restrict the height of buildings to 3 stories (above the current floodplain elevation of that lot) and increase the setback requirements. Thank you for your time and consideration. Sincerely, Paul Petras Saturnia Lakes Homeowner 1714 Triangle Palm Terrace Naples, FL 34119 1 BrownleeMichael From: Barbara Morley <bjmorley2@gmail.com> Sent: Friday, October 20, 2017 10:46 AM Subject: RPUD CLEARY SITE - Immokalee Road Allow me to introduce myself. I am Barbara Morley, a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One"to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee.Their newly proposed second option, if approved,would allow them to build a 50' tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives, under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road,East and West of the Cleary site and there are no buildings greater than two stories within a 2 1/2 mile radius. • As you are aware,West of the Cleary property is another long, narrow 9 acre site similar to the Cleary land. This site has been referred to as the "Walker" property. Collier County plans show an access lane,which has been carved out of the Walker property,to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles,delivery trucks,waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval,will also want to build a similar multi unit building,the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow.The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580+resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH,which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow.This turn lane also provides "U-turn ability for residents of Heritage Hills,a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department,who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties. Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75, create traffic and safety nightmares for those living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. The logical solution is for this Commission to approve Cleary's "OPTION ONE". Cleary's Option One is suitable and the proper way to develop this site.There have been no objections by current owners or residents to Cleary's "Option One"which would create 63 single family homes within a gated community as outlined and still on the table in their proposals.It is the right decision for all the above reasons 1 iR gico :: „,,,;*.-,,,40,„_-1,40,,,,.. r � -" . sso <4 ;;;-:--;-:;...., ,. 7i1.,, ‘1:1;Ti'. ,:n'--- ' , -7--4-4-,T,.,• ."-_,.,..---',”, -,%.,,..7,7:•,:.--;',.,--3.)..%,.7 ., - 4 A-,,.-,...7.'‘'.-•.A.".. Pr •••t -7.!:. 's I1 t'A,-:' - :I.'.•.11**iT1'1•111C.ii1/4*•:"f. -.117;:-....e:',=4*. ••' .' ,,t,k*''..*:: c.:::•:,•- ...i ••••••• -."••---E•4••'.,•'",".4.4*•41•---..,,A , • •• , .. paiti.,,-„ ' -,:r."--= „"..t.1--4391:---3 ,1,-.. 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OU '. IL GREEK LONG i OWE YPRESS VILLAGE LA J 1I00 ,a BrownleeMichael From: Mary Ellen Gustafson <megustafson@yahoo.com> Sent: Tuesday, October 24, 2017 10:28 AM To: FialaDonna Subject: Saturnia Lakes and the Cleary Development Project Dear Ms. Fiala: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote"NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area--building a 50'building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility--the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 5. This project will create dangerous traffic problems. Please vote "NO" for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 1 BrownleeMichael From: David Marin <dwmarin@optonline.net> Sent: Tuesday, October 31, 2017 12:37 PM To: SaundersBurt Cc: FialaDonna; SolisAndy; TaylorPenny; McDanielBill Subject: Re: Opposition to Cleary CFPUD PL20160001985 Attachments: BCCZONINGD-59-1798675-1.pdf; ATT00001.htm Categories: PRINTED Mr.Saunders&Commissioners, Just one more quick note following up on my previous 10/27 email (below) re: the 11/14 BCC meeting on the Cleary PUD (PL20160001985) In the October 25th public hearing notice regarding this meeting (see pdf attached)the "63 residential dwelling units" continues to remain an option acceptable to Mr. Cleary. As this option is also acceptable to the majority of Saturnia Lakes residents I suggest the Board grant Mr. Cleary approval for his desired 63 residential dwelling units vs the much taller& larger 200 bed group housing structure Saturnia Lakes residents oppose. Thank you, Dave Marin 1 BrownleeMichael From: Joseph Dykstra <jhdykstra@verizon.net> Sent: Friday, October 13, 2017 5:51 PM To: SaundersBurt; DavidLykins@colliergov.net; TaylorPenny; SherryGreco@collier.net; FialaDonna; BrownleeMichael; SolisAndy; GoodnerAngela; McDanielBill; FilsonSue Subject: Re: Cleary PUD Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s)will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. H. Dykstra 1 i-i-d 'LE 0 N {Eil Nov 062017 11 1523 Pacaya Cove By Naples, Florida 34119 November 1, 2017 Commissioner Donna Fiala Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples,Florida 34112 Re: Zoning Change-Cleary PUD(PUDZ-PL20160001985) Dear Commissioner Fiala: I am a resident of Saturnia Lakes, a community of 580 single family houses, and am requesting your support in opposition to the proposed rezoning of the property on Immokalee Road and Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high,200 group housing unit in an area surrounded by 1 and 2 story homes. This is entirely incompatible with the adjacent community. A project of this size would have an adverse effect on property values, add to the traffic congestion problem on Immokalee Road, create a noise condition in the surrounding residential community,and possibly create a flooding situation in Saturnia Lakes. Water did come dangerously close to our homes during Hurricane Irma. I believe any building on this property should be similar in height, scope and character to the neighborhood it borders. I hope you will join the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Yours truly, yi Diane Jask t , . , ",,,.. = \ _ _ _ ( ) _ 11 ii ' i i i t - -= _ _ ...-= -7- ( ',‘ f ( . — —i if ,-- iA . ;-,a 'M — -s, — V z 6 = 15'. -7- 0 .„- . ..- ,.. .--.- ...... t..... -7 0 -5 — - b m E Lu r`i c. <-1 ' 0 — S 0 M a) D E -o c o m .c 76 o o —E 0 tij Li- _ I-- vl E -12 cl) w ill t 0 OCs, ummz d. M m -1 -I > m 0 >. 0 -.c 4.' CU = ° .Y MI -- VI (.) Li- Iti ;0 V W M ..... C rs, a co 0 ro .. Albert J. Jaskot lg T 11 V IE 1523 Pacaya Cove NOV 0 3 2017 Li Naples,Florida 34119 October 31,2017 By Commissioner Donna Fiala Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples Florida 34112 Re: Zoning Change - Cleary PUD (PUDZ-PL20160001985) Dear Commissioner Fiala: As a resident of Naples,I am writing to express my opposition to the request to rezone the property on Immokalee Road,just west of Saturnia Lakes Blvd. This proposed zoning change would allow a five story, 50 ft. high, 200 group housing unit in an area surrounded by 1 and 2 story single family homes. This is entirely incompatible with the adjacent community. Any building on this property should be complementary with the nearby neighborhood. Height restrictions should be consistent with the adjoining Saturnia Lakes development of 580 homes. I am sure you would not like a five story building next to your single family home. This proposal would destroy property values in the neighborhood, add an unacceptable level of noise to the surrounding homes, and dramatically contribute to the traffic congestion on Immokalee Road with cars and trucks exiting and entering the facility. Flooding would also be a potential problem, as this development plans to tap into the Saturnia Lakes discharge system which is already overtaxed. During Hurricane Irma water was within inches of many of our homes. I sincerely hope you will support the residents of Saturnia Lakes in their opposition to this proposed zoning change. Thank you for your consideration of this matter. Respectfully, Albert J. Jaskot BrownleeMichael Subject: Meet w/ Patrick Neale & Mr. Michael Manganaro, President of the Saturnia Lakes HOA re: Cleary PUD Location: DF Office Start: Wed 11/8/2017 3:00 PM End: Wed 11/8/2017 3:30 PM Recurrence: (none) Organizer: FialaDonna Karen Kluklew/cz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(a�patrickneale.com Email Servicing: email-service cr patrickneale.com www.patrickneale.com 1 BrownleeMichael Subject: Meet w/ Rich Yovanovich & Mr. Cleary re: Cleary PUD Location: DF Office Start: Thu 11/9/2017 11:00 AM End: Thu 11/9/2017 11:30 AM Recurrence: (none) Organizer: FialaDonna Dianna Quintanilla Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239.435.1218 dquintanillaCa)cyklawfirm.com 1 AGENDA ITE 7 Co e1r County ,., STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT- PLANNING&REGULATION HEARING DATE: OCTOBER 5, 2017 SUBJECT: PETITION PUDZ-PL20160001985, CLEARY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT/OWNER: Raymond J. Cleary, Jr. and Thomas J. Cleary Family Trust 3120 60th Street SW Naples,FL 34116 AGENTS: Mr. D. Wayne Arnold, AICP Mr. Richard D. Yovanovich, Esquire Q. Grady Minor and Associates,P.A. Coleman,Yovanovich&Koester,P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs,FL 34134 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code (LDC), which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors. Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 1 of 15 *, ,r .., V qt •-_,... .., ,.- -- 1 Q., ® 1 ® ® 1 Dm T TRACT L2 0 C •1 diteeseosooe Ah:Nr PLC ,x, TRACT P cT ......STlACT li ...lig.' 1 ,..nnnen• SITE LOCATION 0,11,1111ti en coran PROJECT war \/ /,/,-/ LOCATION i 171 C133 \ CD itr* WW1 ._,...e..._ la 4 a Immokalee RD - 1 TR LI L i P GD g 34 rpe, a 011 e' ) Cal A 221 i' al rC11,,,,i 112E3 N v.-, ....5 11 ....,_ M o i N. .11,2 CGO..... aa .a., SC CC TRACT 0315 • P I 0 v . .i,3_-- ... D:Z - . iz.0-A.z„t-,-_- .\•- Vanderbilt Beach RD eaV..v--.I:te.ft..Z..e•,*•I...•:lI.IIift'Mi0It4-tM,W-r=l,ysI,Iy 000ec•-,a)4...,,,.,. Location Map Zoning Map Petition Number: PL-2016-1985 1 •^ IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY 20'WIDE TYPE'D'LANDSCAPE BUFFER , I �� — — a m lar -- — -- — — �� ` — SCALE:1'=100 Lx� _ INTERCONNECTION I 1 T• rrr rrr rrr rrr rrr rrr f TRACT"0515" 1 111 ) r/,r/,r/,r/,r/,r/,r { h (OPEN SPACE, 1 D.E.ANDA.E.) WATER MANAGEMENT r 1 _ I _ 1 I:r rir r%rrr 7/ 7/ rrr/ � 1 �I Ili : rr//)//,// //rrr rrr rr//,//rr (I % r r J /�-ATURNIALAKES I 1 i rr rr rrr rrr r „r!!! - 1 15'L.B.E. �� 1_4 {P836 PG56} Ie- -----"— --—, I I i/ --,, CONCEPTUAL I I '`/ I �,V. RESIDENTIAL - j / SITE DATA 1 • I 1 UILDINf 1 I I I z, k+ E Ij f TOTAL SITE AREA: 8.99±AC *--...---";.--",1'.--- I I I RESIDENTIAL 5.36±AC 1 i ` I I - PRESERVE 1.07±AC 1 f I I WATER MANAGEMENT 1.0±AC ° utiI F ` I BUFFERS/OPEN SPACE 1.56±AC 1 L . t 15'WIDE , I PUD BOUNDARY ` LANDSPECAPE 1 1 ' D r BUFFER I IEl 1 & Z ZONED:A7. N I . r I S 03 a RIGAS PUD UNDEVELOPED -, - // I I k RESIDENTIAL rn 10'WIDE TYPE'A' aONCEPTUAII. I I I mu) c�j LANDSCAPE BUFFER 1RESIDENTIAL 1 O m 03 '/'BUILDING ` lc 6 II < y 1. I ' i 1 Irn 1 I. {/ " ,} I I I MAXIMUM DWELLING UNITS: 63 MAXIMUM GROUP HOUSING UNITS: 200 ` I ,' I 1 I MAXIMUM DENSITY: 7 DU/AC I I 1 J; j PRESERVE: i. 1 REQUIRED-1.07±ACRES(7.13±ACRES NATIVE CONCEPTUAL 1 I VEGETATION X 15%) I RESIDENTIAL BUILDING s I 't PROVIDED•1.07±ACRES I i r —"1 I ++`PUD BOUNDARY OPEN SPACE: REQUIRED PROVIDED I I I 1+`+ i y RESIDENTIAL: 5.4±AC(60%) 6.4±AC(60%) • t i. I I h GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%) - __ , } ISATURNIA LAKES NOTES E I I 15'L.B.E. I (P836 PG57) 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS _ `• , SUBJECT TO MINOR MODIFICATION DUE TO , . . , ,. . . , . , .• , .. ,. 1 `, AGENCY PERMITTING REQUIREMENTS. . . . . • . . . . " ' ' I I \ 2. ALL ACREAGES, EXCEPT PRESERVE, ARE - • - - - - - • - . • APPROXIMATE AND SUBJECT TO MODIFICATION ` ' W W " " ' - ' AT THE TIME OF SDP OR PLAT APPROVAL IN . ` y * .PRESERVE V ' . . . ' 1 ACCORDANCE WITH THE LDC. 15'WIDE +\ 3. PRESERVES MAY BE USED TO SATISFY THE . . . . , u . y , . . TYPE'8' l , LANDSCAPE BUFFER REQUIREMENTS AFTER • • • - - . .- LANDSCAPE \ EXOTIC REMOVAL IN ACCORDANCE WITH LDC - * - W - . 1 - BUFFER `, SECTION 4.06.02 AND LDC SECTION 4.06.05.E.1. , - . _ "' . `. . fJ I SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC RIGAS PUD CHARGE ', SECTION 3.05.07. A MINIMUM 6-FOOT WIDE RESIDENTIAL LOCATION +', LANDSCAPE BUFFER MUST BE RESERVED FOR SATURNIA LAKES PLAT ONE + ADDITIONAL LANDSCAPE MATERIAL WHICH (PB 36,PG 56-65) 15'WIDE TYPE'B' ++ SHALL BE ADDED OUTSIDE OF THE PRESERVE TRACT'OS15" LANDSCAPE BUFFER 4 ON THE DEVELOPMENT SIDE TO ACHIEVE THE (OPEN SPACE,D.E.ANDA.E.) ` 80%OPACITY REQUIREMENT WITHIN 6 MONTHS 1+ I OF THE ISSUANCE OF THE FIRST CERTIFICATE , OF OCCUPANCY. I, LEGEND CLEARY RPUD et"`' Fla GradyMinor . alo+"nnMIT REVISED 1.1.5.i. "•211" EXHIBIT C 08/23/2017 Mil F.M. • PQM surmors • Honaen . LwMalpe Anmeea" MASTER PLAN weyr,na zaae,i,+ri�i a , 1 1 0 vCM l0au. V.nw.«wmwcu-w..w+w,aw-unm wu.",r N((Y".u.2f,a0n,mn...WM/, U C,xy_n.ar a,,,ize„.s w GEOGRAPHIC LOCATION: The 8.99± acre subject property is located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject 8.991 acre property is currently zoned Rural Agriculture (A). The petitioner proposes to develop a maximum of 63 single-family, townhouse, or multi-family residences, or a maximum of 200 units of senior group housing within a Residential Planned Unit Development (PUD). The proposed maximum density is 7 dwelling units per acre (DU/A). The proposed floor area ratio (FAR)for the senior group housing is 0.60. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed building,parking, vehicular circulation,water management area, and preserve. The Master Plan also shows that 5.36 acres shall be residential, 1.07 acres shall be preserve, 1.0 acre shall be water management, and 1.56 acres shall be buffers/open space. Depending upon the type of development, a minimum of 30% open space is provided for group housing and a minimum of 60% open space has been provided for residential development. The petitioner proposes a maximum zoned building height of 30 feet and an actual building height of 40 feet for the single-family residences; a zoned building height of 40 feet and an actual building height of 50 feet for the multi-family residences, and a zoned building height of 45 feet, and an actual building height of 50 feet for the group housing. There is a proposed 20-foot wide Type D landscape buffer along Immokalee Road. In addition to the existing 15-foot wide Type B landscape buffer at Saturnia Lakes along the east property line, is another proposed 15-foot wide Type B landscape buffer. Along approximately half of the south property line is a proposed 15-foot wide Type B landscape buffer and then a proposed preserve area adjacent to Saturnia Lakes. Along the west property line a 10-foot wide Type A landscape buffer is proposed. There is one proposed deviation related to FAR. For further information please see the Deviation Section of this Staff Report located on page 13. SURROUNDING LAND USE AND ZONING: North: Immokalee Road, a 6-lane road, and then a residential development with a zoning designation of H.D. Development Planned Unit Development(PUD) with a density of 2.42 units per acre and a maximum zoned height of 42 feet East: Entrance Road, and then single-family residences in Saturnia Lakes,with a zoning designation of Rigas PUD with a density of 3.13 units per acre and a maximum height of 50 feet Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 4 of 15 South: Natural vegetation, and then single-family residences in Saturnia Lakes, with a zoning designation of Rigas PUD with a density of 3.13 units per acre and a maximum height of 50 feet West: Undeveloped land with a zoning designation of A(Agriculture) i', a8.iwr . . ,!1 m 1 Subject Site � IIWN f .. 46'it /1 '''' &t, "...$ ff 40.k �.NFei1W f x N i C Iv ,.. ...1. filitt ....,!...., ,, -,. . „.. . , „ ,, ,Il A .,,k v" 4,11 awiC I a,eae.o,arw« tr a #.1.o.fl.. 4ifii , "m1+: ` __55f AERIAL PHOTO GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The proposed PUD rezone is consistent with the Future Land Use Element(FLUE) of the GMP. See attached Exhibit C: Future Land Use Element(FLUE) Consistency Review dated August 24, 2017. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2016 Annual Update and Inventory Report (AUIR). Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 5 of 15 Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element(FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed RPUD on the subject property was reviewed based on the applicable 2016 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed new development will generate a maximum of approximately 85 PM peak hour, two-way trips, on the adjacent roadway segments. The proposed development will impact the following roadway segments with the listed capacities: Roadway Link 2016 AUIR Current Peak Hour Peak 2016 Remaining Existing LOS Direction Service Capacity Volume/Peak Direction Immokalee Road Logan Boulevard to D 3,200/East 637 Collier Boulevard Immokalee Road Logan Boulevard to I- D 3,500/East 616 75 Logan Boulevarc Immokalee Road to C 1,000/North 380 Vanderbilt Beach Roac Based on the 2016 AUIR, the adjacent roadway network has sufficient capacity to accommodate the current and proposed (reduced) trips for the amended project within the five year planning period. Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 6 of 15 1 Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning Staff found this project to be consistent with the CCME. The project site consists of 7.13 acres of native vegetation; a minimum of 1.07 (15%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC,who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: Utility Review: Public Utilities Department staff has reviewed the petition and recommends approval. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD Document to address environmental concerns. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. The PUD Master Plan provides 1.07 acres of Preserve, which meets the minimum requirement of fifteen (15%) in accordance with LDC section 3.05.07.B. There were no listed species observed on the site. However, bear nuisance calls have been documented within the vicinity of the subject property. Therefore, a commitment requiring a Bear Management Plan with the SDP and/or Plat has been included. Transportation Review: Transportation Planning staff finds this project consistent with Policy 5.1 of the Transportation Element of the GMP. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: Cleary RPUD,PUDZ-PL20180001985 September 21,2017 Page 7 of 15 The land across Immokalee Road and to the north of the proposed 8.99± acre senior group care housing or residential units is developed with single-family dwelling units at a density of 2.42 units per acre and a maximum height of 42 feet. The land to the east is Saturnia Lakes, developed with a 15-foot wide Type B landscape buffer, an entrance road, a lake and then single-family homes. A 150-foot wide preserve area on the subject site and 50 feet of natural vegetation separates the single- family dwelling units to the south at Saturnia Lakes from the proposed development. The permissible maximum height of 50 feet at Saturnia Lakes is similar to the proposed maximum height of 45 feet at Cleary PUD. While the proposed Cleary RPUD density is higher than the adjacent PUD's, it is similar to the more recently approved PUD's along the Immokalee Road corridor: F - Addie's Corner PUD- 11.45 units per acre - Tree Farm PUD—7.22 units per acre - Abaco Club PUD—6.54 units per acre The combination of existing and proposed landscape buffers along with the preserve area and natural vegetation mitigates for the proposed higher density of the Cleary RPUD. Therefore, the proposed development is compatible with the existing development in the area. Zoning staff recommends that this petition be found compatible with, and complementary to, the surrounding land uses,pursuant to the requirement of FLUE Policy 5.4. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered the proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below: Rezone fmdings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning section has indicated that the proposed PUD rezone is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as single- family residential and agricultural. Staff is on the opinion that the land uses proposed in this PUD petition will not create incompatibility issues. Cleary RPUD,PUDZ-PL20180001985 September 21,2017 Page 8 of 15 's. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed amendment is not necessary, but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing Agricultural zoning district would allow. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD rezone, with the commitments made by the applicant, can been deemed consistent with the County's land use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the PUD ordinance. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion that this PUD rezone will not adversely impact property values. Zoning by itself may or may not affect values, since market demand drives value determination. Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 9 of 15 • 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is partially developed. The basic premise underlying all of the development (SDP) standards in the LDC is that their sound application, when combined with the SDP approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. The petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and the proposed development site will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. Cleary RPUD,PUDZ-PL20160001985 September21,2017 Page 10 of 15 1 4 17. The impact of development on the availability of adequate public facilities and services r consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMF regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety, and welfare. To be determined by the BCC during its advertised public hearing, PUD FINDINGS: LDC Subsection 10,02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" } 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,and other utilities. The nearby area is developed with, or is approved for, development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office (CAO), demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or SDP approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 11 of 15 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis Section of this staff report, staff is of the opinion that the proposed project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order(SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans,are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3.,the petitioner has demonstrated that"the elements may be waived without a detrimental effect on the health, safety and welfare of the community"and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 12 of 15 6 Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation is outlined below. Proposed Deviation # 1 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to instead permit a maximum FAR of 0.60. s Petitioner's Justification: The petitioner states the following in support of the deviation: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure; therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal 1 application of such regulations." NEIGHBORHOOD INFORMATION MEETING(NIM): The agent/applicant duly noticed and held the required NIM on April 26, 2017. For further information,please see Exhibit C: "Transcript of the Neighborhood Information Meeting." Over 200 residents from the neighboring Saturnia Lakes community have signed petitions objecting to the proposed Cleary PUD. Please see Exhibit D: Saturnia Lakes -Petitions." COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ-PL20160001985, Cleary RPUD revised on September 18, 2017. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20160001985, Cleary PUD to the Board of County Commissioners with a recommendation of approval. Cleary RPUD,PUDZ-PL20160001985 September 21,2017 Page 13 of 15 .5 gk • Attachments: Exhibit A: Proposed PUD Ordinance Exhibit B: Future Land Use Element(FLUE)Consistency Review Exhibit C: Transcript of the Neighborhood Information Meeting Exhibit D: Saturnia Lakes — Petitions (Note: Only the cover letter, map and one example of a signed petition has been attached. The petitions are all the same, but they are signed by 200 individual residents. t Cleary RPUD,PUDZ-P120160001985 September 21,2017 Page 14 of 15 PREPARED BY: \aft j 4I okA +Afi . 017 NANCY IS H,AICP,PLA I DATE PRINCIP 'L-I ER ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: RAYM V. BELLOWS, ZONING MANAGER ATE ZONING DIVISION-ZONING SERVICES SECTION 9 MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: �( / 11 MES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Cleary RPUD,PUDZ-PL20160001985 September 6,2017 Page 15 of 15 FialaDonna From: Mary Anne Guarino <maryanneguarino©gmail.com> Sent: Sunday, November 12, 2017 11:18 AM To: FialaDonna Cc: BrownleeMichael Subject: Cleary Project I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th, where all of the Saturnia residents, except two, one being our lawyer Patrick Neale, were shocked to hear that our HOA president had signed an agreement, without holding a board meeting with the residents, with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end, our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. I do not want to take up a lot of your time but there are several concerns we have concerning this project. The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition, we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way,which will now be lost forever.A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 1 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. DQ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. ® NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Call Staff Report +t Co ler County 1 7A STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12,2017 SUBJECT: PDI-PL20170002630; BUCKLEY PUD OWNER/APPLICANT: AGENT: Pulte Home Company, LLC Lindsay F. Robin, MPA 24311 Walden Center Dr. #300 Waldrop Engineering, P.A. Bonita Springs, FL 34134 28100 Bonita Grande Dr. #305 Note: Five fee simple lots are owned by individual homeowners Bonita Springs, FL 34135 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Buckley PUD by reducing the minimum lot area of the single-family detached dwelling units from 5,400 square feet to 5,000 square feet and by reducing the minimum lot width from 45 feet to 40 feet. GEOGRAPHIC LOCATION: The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road(CR 31)and Orange Blossom Drive in Section 2,Township 49 South,Range 25 East,Collier County,Florida. (see location map on following page) PDI-PL20170002630 Buckley PUD Page 1 of 8 August 23. 2017 fis`it • y•f' - ,-#. e IA•*ip 0 x.-u . 0 . _ c 4, 4.r- 2 n).71 , o 0 a / 11111111§111 :4' ci) ta a co vanftraie, _ it0 ---- c _ -, 0 --' \ : :,.". C C SITE .. - 1 1 LOCATION 1 . i Pu-D i , '3 FEEL ,..: -i . 1 it j. , . . A I 1 El Location Map Zoning Map = . Petition Number: PL20170002630 rs.> 9., i PURPOSE AND DESCRIPTION OF PROJECT: In 2005, the property was rezoned from Rural Agricultural (A) to Mixed Use Planned Unit Development(MPUD)pursuant to Ordinance 2005-05 allowing for a maximum of 251 dwelling units,74,230 square feet of retail,and 97,070 square feet of office space.In 2014,the property was rezoned from MPUD to MPUD pursuant to Ordinance 14-24 allowing for a maximum of 239 multi-family residential units, and a maximum of 162,750 square feet of retail,office and service uses.A companion Growth Management Plan(GMP)Amendment was approved with Ordinance 14-23,which modified the underlying Buckley Mixed Use District removing the office and retail caps,providing for a conversion ratio for non-residential and residential uses,and further limiting commercial uses, and vertically integrated mixed-use development within the project. In 2016, there was a PUD amendment via Ordinance 16-10 allowing for single family detached and two- family/duplex dwellings as permitted uses, development regulations, various deviation additions and modifications, and revised developer commitments. On July 18, 2017, the petitioner applied for this insubstantial change to the Buckley MPUD to modify the residential development standards for single family detached dwellings by reducing the minimum lot area from 5,400 square feet to 5,000 square feet and reducing the minimum lot width from 45 feet to 40 feet,which the petitioner claims will allow for a wider size range of single family detached dwellings. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: North: Adult Congregate Living Facility/Adult Living Facility/Skilled Nursing facility (HarborChase of Naples), zoned Brighton Gardens Planned Unit Development (PUD). East: Right-of-way for Airport-Pulling Road;then farther east is a canal;still farther east is developed residential(Lakeside of Naples), zoned PUD and a church(St.Katherine's Greek Orthodox Church),zoned Rural Agricultural(A)with a Conditional Use(CU) for a church. South: Collier County Library Headquarters,zoned A with a CU for a governmental facility. West: Single-family residential(Emerald Lakes),zoned Emerald Lakes PUD at a density of 3.54 dwelling units per acre. PDI-PL20170002630 Buckley PUD Page 3 of 8 August 23,2017 f . y F 8 y # *::— c r .,A g ' a*r _"' •4.sag...�. o; jo: taro d&r.' wsamrrf=tiowr..... r�ir instr1M.r fern. ..7. Daw�r+rF ,R, a .:** '. ' `tai , R I. a ,^ , st .1Subject Property +" a .*+ . `- i�. i"4+'��y 4 ter. ,_ t;,, 4--aa ut #r xa r i rt < .a k-i.'0,,, . set ' . .a. *** , 0 i ;. -.. t 40'4,41.' _ tom. tk t= +-rztg; **PE-t fir. » e < .,*,,. - , ..._ . «r? m 'v 4t , -- . ., , 1(B fe " it,to { N 41'4 {' Aerial(County GIS) STAFF ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Buckley MPUD, it is consistent with the Future Land Use Element(FLUE)of the GMP. t Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning statT has evaluated the proposed changes to the PUD documents and found no issue with consistency. Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: PDI-PL20170002630 Buckley PUD Page 4 of 8 August 23,2017 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No,there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation,conservation, recreation,or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five(5)acres in area? No,there is no proposed decrease in preservation,conservation,recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation;changes in traffic circulation;or impacts on other public facilities? No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. PDI-PL20170002630 Buckley PUD Page 5 of 8 August 23,2017 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There w:i.1 be no incompatible relationships with abutting land uses. Are there :uay modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition,and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is iot a DRI. k. Are there ably modifications to the PUD Master Plan or PUD Document or amendment ti a PUD ordinance which impact(s) any consideration deemed to be a substantial miidification as described under Section(s) 10.02.13 E.? Based upon dale analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the fmdings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Attachment"A".) No, the proposed changes do not affect the original analysis and findings for the original application. DEVIATION DISCI SSION: No deviations are bei 71g requested as part of this application. PDI-PL20170002630 Buckley PUD Page 6 of 8 August 23,2017 NEIGHBORHOOD INFORMATION MEETING(NIM): NIM was waived via email correspondence from HEX Examiner Mark Strain on August 31,2017. (Attachment B) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on September 19,2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20170002630. Attachments: A) Support Material Provided by Staff B) Application and Support Material PD1-PL20170002630 Buckley PUD Page 7 of 8 August 23,2017 PREPARED BY: TIMOTHYTI4-6714-yriN AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: ALT 0 . // - /i,J,7 RAYMIIi V. BELLOWS,ZONING MANAGER DE ZONIN DIVISION I) MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION PDI-PL20170002630 Buckley PUD Page 8 of 8 August 23,2017 Com► e r Co1141.ty Growth Management Department Zoning Division/Comprehensive Planning Section MEMORANDUM To: Tim Finn,Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner Comprehensive Planning Section,Zoning Division Date: August 18,2017 Subject: Future Land Use Element(FLUE)Consistency Review PETITION NUMBER: PDI-PL20170002630 Rev: 1 PETITION NAME:Buckley MPUD REQUEST: To amend Buckley MPUD(Mixed Use Planned Unit Development),approved via Ordinance #05-5 (subsequently repealed), as amended via Ordinance #16-10, to modify Exhibit `B' Residential Development Standards-Table 1 with two Insubstantial Changes to the Planned Unit Development(PDI): • Single-family detached to reduce the minimum lot area from 5,400 square feet to 5,000 square feet • Single-family detached to reduce the minimum lot width from 45 feet to 40 feet LOCATION:The subject site,comprising±21.7 acres,is located on the west side of Airport-Pulling Road (CR 31)and+330 feet north of Orange Blossom Drive,immediately north of the Collier County Regional Library;in Section 2,Township 49 South,Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban, Urban Mixed Use District,Buckley Mixed Use Subdistrict,on the Future Land Use Map of the Collier County Growth Management Plan (GMP). In the Future Land Use Element (FLUE) of the GMP, this Subdistrict reads, "The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited retail, office and residential uses while allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses,while this Subdistrict is intended to promote convenience and intermediate commercial development to serve existing and future residential development in the immediate area. This Subdistrict will serve to reduce existing trip lengths for convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1,C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria." The site is zoned Buckley MPUD(Mixed Use Planned Unit Development)consistent with the Subdistrict. This petition does not seek to increase the number of DUs -currently approved at 239 DUs—nor add or make changes to commercial uses or intensities. Two insignificant changes are proposed: reduce the minimum lot area and reduce the minimum lot width. These modifications to the development standards will allow for a larger variety of single-family detached product types. 2800 North Horseshoe Dr.,Naples,FL 34104 Page 1 of 2 Relevant FLUE Objeci ives and policies are stated below(in italics); each policy is followed by staff analysis(in bold). FLUE Policy 5.4: New developments shall be compatible with,and complementary to,the surrounding land uses,as set forth in the Land Development Code(Ordinance 04-41,adopted June 22, 2004 and effective October 18,2004, as amended). [Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed(no changes in permitted uses,densities, or intensities),staff is of the opinion that a re-evaluation of FLUE policies under Objective 7(pertaining to access,interconnections,walkability,etc.)is not necessary. These policies were recently evaluated during staff's consistency rel,iew of the Buckley Planned Unit Development Amendment (PUDA) petition, approved April 12,20 it 6. CONCLUSION Based upon the above analysis,the proposed PDI may be deemed consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Mike Bosi,AICD, Director,Zoning Division David Weeks,AIC P,Growth Management Manager,Zoning Division,Comprehensive Planning Section Ray Bellows,Manager,Zoning Services Section PDI-PL2017-2630 Buckley R1.docx 2800 North Horseshoe 01 Naples,FL 34104 Page 2 of 2 9 FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that,"In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water, and other utilities. The proposed option of allowing single-family and two-family/duplex dwellings would be compatible with the approved uses and existing development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed,particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office,demonstrate unified control of the property. Additionally,the;development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the Growth Management Plan (GMP) Consistency portion of this Staff Report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the Analysis Section of this Staff Report,staff is of the opinion the proposed project will be compatible with the surrounding area. Both Master Plans show a Type"C" Buffer would be created along the west property line. Landscape Buffers(of varying types dependent on which Master Plan is utilized)would be installed along the north,south, and • east property lines as well. The MPUD would also contain common themes related to architecture, signage, lighting, and landscaping as identified in the Developer Commitments(Exhibit F)of the PUD Document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. According to a note on the Exhibit C — Master Plan for Single-family and Two- family/Dupl ex,the project would provide 13.03 acres or 60%of the 21.72-acre site as open space. This open space includes areas such as lakes, buffers, pervious area within the rights-of-way and on individual lots,and other open space. Therefore,the amount of open space set aside for this project meets the minimum requirement of the LDC. Also, the maximum lot coverage for all buildings is capped at 35%for the total project as per General Note #1 in the Developer Commitments (Exhibit F) of the PUD Document. If this amendment is approved,usable open space would be further addressed at the time of Site Development Plan(SDP)or plat(PPL)review,whichever is applicable. 6. The timing o r sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review.Operational impacts will be addressed at time of first development order (SDP or PPL), at which time a new TIS will be required to demonstrate turning movements for all site access points. The applicant has committed to pay their proportionate share of intersection improvements to the intersection of Airport- Pulling Road and Orange Blossom Drive which is currently under study by the County. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability ►f the subject property and of surrounding areas to accommodate expansion. No changes are proposed to the MPUD boundary. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such.regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking two amend one(1) existing deviation and requesting six(6)new deviations. Staff supports the proposed amendment to Deviation#1 and most of the new deviations (i.e., #3, #5, #6, #7, and#8),with the exception of Deviation#4. Staff does • not support this deviation based on the applicant's lack of compelling justification for it. Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of this and the other deviations. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. Staff determined the proposed residential land uses in connection with this amendment are appropriate for this area of the County. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment would not change the MPUD zoning of the subject property. The petitioner is requesting to add single-family and two-family residential land uses to the existing MPUD. Adding these types of dwellings would be akin to creating a PUD (or an RPUD). The abutting land to the west is zoned PUD and developed with single-family homes. The adjacent land to the east is zoned PUD and developed with residential uses. Therefore, approval of this amendment would not create a district unrelated to adjacent or nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries of the MPUD would not be altered by this proposed amendment. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se;but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the new uses would adversely impact living conditions in the neighboring community. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation commitments contained in the PUD ordinance,which includes provisions to address public safety. 8. Whether the proposed change will create a drainage problem; The proposed change will not create a drainage problem as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluatedduring the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; It is not anticipated that this amendment would significantly reduce light or air to the adjacent area:. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning;however,zoning by itself may or may not affect values,since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The abutting, and adjacent lands are already developed. Longview Center, which is currently vacant land located in close proximity to the subject property, was previously approved for mixed-use development (commercial and residential). Staff does not anticipate the proposed amendment at the subject site would be a deterrent to the improvement of the vacant Longview Center to the southeast or any other adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property may still be developed within the parameters of the current PUD Document; however, there are no substantial reasons to prohibit the inclusion of the requested residential uses. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan (SDP) or platting approval process (PPL), whichever is applicable, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. The concurrency review for adequate public facilities is determined at the time of an SDP or PPL, whichever Master Plan is applicable. a 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)shall deem important in the protection of the public health,safety,and welfare. To be determined by the BCC during its advertised public hearing. Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. M NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ['Correspondence De-mails ❑Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. 7 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence De-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM 7 SEE FILE ❑Meetings ❑Correspondence [le-mails ❑Call Staff Report Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 ADVERTISED PUBLIC HEARINGS 9.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] 7 NO DISCLOSURE FOR THIS ITEM SEE FILE ►1 Meetings ®Correspondence ®e-mails (—Calls 10-26-17 meeting with Patrick Neale and Michael Manganaro 11/2/17 meeting with Rich Yovanovich and Wayne Arnold 11/6/17 meeting with Rick Carabajal, Pat Howard, Rod Gustafson and Jerry Kelly CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons -Tract D Second Replat, Application Number 20170002126. IX NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (/Correspondence fie-mails Calls # t:z District � • District z '' RECEIVED District 3 District 4 AUG 10 2017 District 5 OFFICES OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Collier County Commissions Office 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 We,the property owners of Saturnia Lakes oppose and object the proposal for rezone PUDZ-PL20160001985, Cleary Residential Planned Unit Development(RPUD) located in the vicinity of Immokalee Road and Saturnia Lakes Blvd. The proposed use of the property is for residential and/or group housing for seniors. We urge the Board of County Commissioners to deny the rezone for the following reasons. 1 --The applicant(s)have requested a zoned height of 45-50 feet for group housing; the proposed height exceeds that of all other buildings in the area. Future Land Use Element(FLUE) Policy 5.4 requires new projects to be compatible with and complementary to surrounding land uses.The proposed density and proposed group housing building height of 45-50 feet is significantly larger or higher than the immediately adjacent Saturnia Lakes and other residential developments in the area.We are asking the Board of County Commissioners not to rezone to the proposed RPUD and to keep the density and the height of buildings in the neighborhood similar to residential properties in the community. 2—The applicant(s) have requested a rezone for group housing. Future Land Use Element(FLUE) Policy 5.4 requires new projects to be compatible with and complementary to surrounding land uses. Group Housing use is more similar to an institutional/commercial type of land use than a residential land use which is clearly incompatible with the Saturnia Lakes residential development. In addition, the proposed 200 units of group housing proposed will be immediately adjacent to Saturnia Lakes which would likely impact Saturnia Lake homeowner property values. Please maintain the value of our communities! Saturnia Lakes Homeowner Proposal: The proposed use of the property should be limited to a residential development only. IN ACCORDANCE WITH FLORIDA STATE STATUE PLEASE USE YOUR FLORIDA ADDRESS WHEN SIGNING THIS PETITION. Sincerely, • C4 Cs:%tea }I (signature) / ' u ✓ r? J Saturnia Lakes Homeowner Name (please print): ✓ ttro-it Date: �J / 4 n Saturnia Lakes Homeowner address: x C"f ',5 !G.- eke E ,-nc_ ( l cAtc,f,(e rA. 3v,19 1 Board of Collier County Commissioners Donna Fiala Andy Solis, Esq. Burt L.Saunders Penny Taylor William L.McDaniel,Jr. District 1 District 2 District 3 District 4 District 5 August 10, 2017 Ms. Natale Buonfiglio 2048 Isla de Palma Circle Naples, FL 34119 Dear Ms. Buonfiglio: This will acknowledge receipt of your August 10, 2017 letterl expressing your opposition to the proposed Cleary Residential Planned Unit Development (RPUD) located in the vicinity of Immokalee Road and Saturnia Lakes Boulevard. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate : contact my office. 0 Very ul yours, Will; L. McDaniel, Jr. .4110 Com•• ssioner, District 5 WLM:sf 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 FilsonSue Subject: Patrick Neale, Attorney and Michael Manganaro, President of Saturnia Lakes HOA re Cleary PUD Location: BCC Office Start: Thu 10/26/2017 2:00 PM End: Thu 10/26/2017 2:30 PM Recurrence: (none) Organizer: McDanielBill Hello,Sue- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting,and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Ktukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service(a�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0. Box 9440 Naples, FL 34101-9440 1 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.,that action could constitute a waiver of the attorney-client privilege. 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Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karen)patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein,including any attachments. are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 2 FilsonSue Subject: Rich Yovanovich 435-3535 and Wayne Arnold re Cleary PUD Location: BCC Office Start: Thu 11/2/2017 2:00 PM End: Thu 11/2/2017 2:30 PM Recurrence: (none) Organizer: McDanielBill Dianna Quintanilla y K Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239 435 3535 i F: 233.435.1218 douintanilla(a)cvklawfirm.corn Visit cvklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintonilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson©colliergov.net] Sent:Tuesday, October 10, 2017 11:54 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Any time in afternoon, starting at 1:00 p.m. Does he need 1/2 hour or an hour. From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10,2017 11:46 AM To: FilsonSue< ,,L1> Subject: RE: Meeting Request: Cleary PUD Okay, I had a chance to speak with him just now, he will take November 6th. What time do you prefer? i FilsonSue Subject: Rick Carabajal regarding Cleary PUD 414-364-7425, Pat Howard, Rod Gustafson, and Jerry Kelly Location: BCC Office Start: Mon 11/6/2017 4:00 PM End: Mon 11/6/2017 4:30 PM Recurrence: (none) Organizer: McDanielBill Hi Bill, Thanks for your response on the pending Cleary PUD development. I'm wondering if you might have 15-30 minutes sometime before the November 14 th.hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue,the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors,were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach,maximizing profit dollars on a development without respect to the environmental, safety,zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits,I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal 1 11/14/2017 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ- PL20160001985] OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and to render a decision regarding the petition; and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 8.99± acre property is currently zoned Rural Agriculture (A). The petitioner proposes to develop a maximum of 63 single-family, townhouse, or multi-family residences, or a maximum of 200 units of senior group housing within a Residential Planned Unit Development(PUD). The proposed maximum density is 7 dwelling units per acre (DU/A). The proposed maximum floor area ratio(FAR)for the senior group housing is 0.60. The Master Plan depicts the area of proposed building, parking, vehicular circulation, water management area, and preserve. The Master Plan also shows that 5.36 acres shall be residential, 1.07 acres shall be preserve, 1.0 acre shall be water management, and 1.56 acres shall be buffers/open space. Depending upon the type of development, a minimum of 30% open space will be provided for group housing and a minimum of 60% open space will be provided for residential development. The petitioner proposes a maximum zoned building height of 30 feet and an actual building height of 40 feet for the single-family residences; a maximum zoned building height of 40 feet and an actual building height of 50 feet for the multi-family residences, and a maximum zoned building height of 45 feet, and an actual building height of 50 feet for the group housing. 3o ><fi• There is a proposed 20-foot wide Type landscape buffer along Immokalee Road. In addition to the existing 15-foot wide Type B landsc e buffer on the Saturnia Lakes property abutting the east property line, there is another proposed - oot wide Type B landscape buffer along the east property line for single-family (and a 30-foot wide Type B buffer for multi-family and group housing). Along approximately half of the south property line is a proposed 15-foot wide Type B landscape buffer and then a proposed preserve area adjacent to Saturnia Lakes. Along the west property line a 10-foot wide Type A landscape buffer is proposed. There is one proposed deviation related to FAR. For further information please see the Deviation Section located on page 13 of the Staff Report. FISCAL IMPACT: The Planned Unit Development Amendment(PUDA)by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. If the PUD is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: Doc ID: 3906 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD, to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ- PL20160001985] Meeting Date: 11/14/2017 Prepared by: Title: Planner,Principal—Zoning Name:Nancy Gundlach 10/12/2017 8:53 AM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 10/12/2017 8:53 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/12/2017 11:35 AM Zoning Michael Bosi Additional Reviewer Completed 10/16/2017 8:46 AM Zoning Ray Bellows Additional Reviewer Completed 10/16/2017 9:03 AM Growth Management Department James French Deputy Department Head Review Completed 10/17/2017 3:59 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/17/2017 4:04 PM County Attorney's Office Scott Stone Additional Reviewer Completed 10/24/2017 9:17 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/24/2017 10:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2017 2:16 PM Budget and Management Office Mark isackson Additional Reviewer Completed 10/25/2017 10:05 AM County Manager's Office Level 4 County Manager Review Pending Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM 11/14/2017 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the Collier County Planning Commission(CCPC)to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20160001985, Cleary RPUD on October 5, 2017. The CCPC voted 4-2 to recommend approval of the petition subject to the following revisions to the PUD Document: - Specify a maximum 35-foot zoned height and a 40-foot actual height for multi-family and/or group housing building located within 50 feet of the east property line. - Specify a minimum 30-foot building setback from the east property line, for a 30-foot Type B landscape buffer. - Once the multi-family or group housing building is located 50 feet from the east property line, maximum 45' zoned and 50' actual height will apply. - Construction standards for multi-family and group housing shall include concrete masonry unit construction, stucco and/or other finishes, and a cement or slate tile roof. - Specify a minimum of 9' ceiling heights. - Specify that the multi-family residences shall not have balconies located adjacent to the east property line. (Senior group housing is allowed to have balconies adjacent to the east property line). - There shall be a concrete paver entrance. - The entrance shall be gated. - The word"platted"shall be removed from footnote 4 of the Development Standards Table. - Notes one and two shall be removed from the Master Plan. - A generator with a 5-day fuel supply and sound attenuation shall be provided. - The construction standards shall state"shall" instead of"may." - Incorporate the Amenity development standards that were introduced at the CCPC hearing into the PUD Document. - Group housing shall be subject to architectural standards in Collier County Land Development Code section(LDC) 5.05.08. The Commissioners who voted to deny the petition did so for the following reasons: - The proposed 50-foot actual height is too tall relative to the existing building heights in Saturnia Lakes. - The proposed Cleary PUD intensity and density is too high and is not transitional related to the existing intensity and density in Saturnia Lakes. - The .60 FAR is too high especially in light of the fact that it does not provide Medicaid beds. The requested .60 FAR is not transitional and the .45 FAR for the group housing would have to provide 150 units of the same size that could have been provided with the .60 FAR at 200 units. In 11/14/2017 10. Legal Ad-Agenda ID 3906 (PDF) 11/14/2017 addition, by not including any Medicaid beds for the higher FAR,they have not met a basic public service need,and thus it is not justified. Letters of objection have been received. Therefore,this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is a site-specific rezone from a Rural Agricultural Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cleary RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone,to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas,traffic and access, drainage, sewer,water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring the adequacy of available improvements and facilities,both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or 11/14/2017 projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Staff concurs with the approval recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDZ-PL20160001985, Cleary RPUD subject to the conditions listed under CCPC recommendation, as described in the attached Ordinance. Prepared by: Nancy Gundlach,AICP,PLA, Zoning Division ATTACHMENT(S) 1. Staff Report-PUDZ-PL20160001985-Cleary RPUD (PDF) 2.Ordinance- 101917(1) (PDF) 3.Location Map (PDF) 4.Master Plan 10-11-17 (PDF) 5.Future Land Use Element(FLUE Consistency Review 8-24-17 (DOCX) 6. [Linked]NIM Transcript Cleary RPUD (PDF) 7.Letter of Objection from Patrick Neal 9-29-17 signed (PDF) 8. [Linked] Signed 202 Letters of Objection—Saturnia Lakes—Sept 21 2017 (PDF) 9. [Linked] Application for Cleary PUD (PDF) N IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY 20'WIDE TYPE'D'LANDSCAPE BUFFER I — 1 0 so. too — — — — .. _ SCALE:1"=100' �. --1 �r �rrrir.(r1 - r --- - - rr r rrr r r r r rr rrr rrr rrr I ' TRACT"OS15' I I ( (// r J r f r J rl r f r I I (OPEN SPACE, WATER MANAGEMENT ( 11 D.E.AND AE)) , I;r rrf rrf rrf rI rrf rrr1 � I I� POTENTIAL II rr// // rr// // rr rr INTERCONNECTION rr rr rr rr rr rr rr//rrr rrr rrr rrr I ; SATURNIA LAKES , _/__. L -L� 1 I i 15 L.B.E. 30'RIGHT-OF-WAY EASEMENT I __ 1 �%/ (OR 111,PG 129) I CONCEPTUAL _ I ;/ TO BE VACATED RESIDENTIAL L BUILDING I iI II II ( I I I I I I I ' I � 15'WIDE ITYPE'B' -I En PUD BOUNDARY LANDSCAPE I I > � \ BUFFER I X •-i� 1 D - � ZONED:AI to? RIGAS PUD UNDEVELOPED I I i1 w m 9' RESIDENTIAL CONCEPTUAL I I I cob:, m I RESIDENTIAL I 00 a BUILDING I I I 3 2 I o m I 10'WIDE TYPE I'A' I LANDSCAPE BUFFER I I I I 1 SITE DATA I I I TOTAL SITE AREA: 8.99±AC i I I RESIDENTIAL 5.36±AC _ CONCEPTUAL I PRESERVE 1.27±AC RESIDENTIAL BUILDING I 1 WATER MANAGEMENT 1.0±AC I BUFFERS/OPEN SPACE 1.36±AC 11 1 MAXIMUM DWELLING UNITS: 65 - I 11 MAXIMUM GROUP HOUSING UNITS: 200 I 30 RIG(OHTR�W7,PG 2181)SEMENT MAXIMUM DENSITY: 7 DU/AC TO BE VACATED I l I l PRESERVE: I \ REQUIRED-1.27±ACRES(8.46±ACRES NATIVE - .I \ VEGETATION X 15%) PROVIDED-1.27±ACRES ,iiLL N W LL I OPEN SPACE: REQUIRED PROVIDED s a W 15'L.B.E. RESIDENTIAL: 5.4±AC(60%) 5.4±AC(60%) - y w 3tw W `P S'Fmf V�y ' GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%) ' W p. - W - - - - o� l l NOTES = _ I 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS RIGAS PUD I. SUBJECT TO MINOR MODIFICATION DUE TO RESIDENTIAL 11 AGENCY PERMITTING REQUIREMENTS. I SATURNIA LAKES PLAT ONE 2. ALL ACREAGES, EXCEPT PRESERVE, ARE11 (PB 36,PG 56-65) APPROXIMATE AND SUBJECT TO MODIFICATION ‘ I AT THE TIME OF SDP OR PLAT APPROVAL IN TRACT"OSIS" (OPEN SPACE. ACCORDANCE WITH THE LDC. D.E.AND A.E.) 1 3. THE EXISTING PRESERVES WILL MEET BUFFER 1 I REQUIREMENTS AFTER EXOTICS ARE REMOVED. 11 LEGEND CLEARY RPUD Malt ®GCadyMinor ''''"--!,=`;:,` ti =" REVISED EXHIBIT C 05/08/2017 OMI Engineers . Land Surveyors - Planners . IaoM1uape Architects MASTER PLAN ' bac.c1 ICI.0020B CM ccaHr m"u :aas�sa7.I,u•.•"•..000s,s, "".f". "nom:aaa.seo.aaeo SHUT,A dOF I l,.....,n-V9 S'/&MI1W*Nni-EJE EOVuwa-num wwnnry nF/ac pvnlmm0lnn]44M3 s\wet FnW,C 1.9,2 VV.,ai w irl „ed..-N.-- —, 1 R , E i › f z 1 : q M t 1 1 r) M _ n := 1 ,-, >o I s A 8 o;41 m 0 v 4/1 0 -'' ig 11 IN ii ,,i., 1 ,.... 1 1 • , a • - - .... N RI gl,.1 .1 , N 11 m cr,, Z 2- 011 r Mil LOGARBOULEVARD LOGANSOULEVARD , I . 1 mil 4 . . i ell , .., 11-----11 1 i .. , 1 w , i 1 Et 1..„--- -- 1 e 11 A tl , Mil * Bi id co . o . z g 1 1 N 11 , , , .›q I F. m 1 li Nil 'II' . I MI , , p3 o . < gil 1 1 i 1 1 > > 1 1 3 X gliI . —1 I @I 1 m li I m 1 . gill > ' 0 n ' 1 1 0 > i0 q i 1 1 U 441 4 4 , -- . FilsonSue � '. From: FilsonSue on behalf of McDanielBill Sent: Wednesday, November 8, 2017 10:24 AM To: 'JOHN HART' Subject: RE: Cleary PUD Mr. & Mrs. Hart, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From:JOHN HART[mailto:kkhjjh@me.com] Sent:Wednesday, November 8,2017 8:49 AM To: McDanielBill<BillMcDaniel@colliergov.net> Subject:Cleary PUD Our opposition to the development of the Cleary property on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in the Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to 951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd.will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know that the Cleary property will be developed but we strongly disagree as to the height and it will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 31, 2017 10:27 AM To: 'rick carabajal' Subject: RE: CLEARY PUD help needed reply That is okay but I'll need every name—this is an quasi judicial item which means the commissioner has to declare ex parte (announce all meetings, phone calls, emails, etc. for public record). Also, please provide your phone number in case I need to make changes. sue From: rick carabajal [mailto:rickcarabajal@yahoo.com] Sent:Tuesday, October 31, 2017 10:20 AM To: McDanielBill<BilIMcDaniel@colliergov.net> Subject: Re: CLEARY PUD help needed reply Hi Sue, Thanks for the response, tentatively, I'll take the November 6th for 30 minutes at 3:00p.m. I was thinking having about 4-5 individuals at most who could represent there their findings so the Commissioner has a broad sampling of issues and concerns the area communities have with respect to this potential project as it is currently presented. Is 4-5 people to many? Rick From: McDanielBill <BilIMcDaniel(c�colliergov.net> To: rick carabajal <rickcarabajal at7yahoo.com> Sent: Tuesday, October 31, 2017 9:11 AM Subject: RE: CLEARY PUD help needed reply Mr. Carabajal, I can schedule you to meet with the commissioner on November 6th for 30 minutes at 3:00 p.m. You will need to let me know the names of everyone that will be present. Sue Filson, Aide to William L. McDaniel, Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: 1 From: rick carabajal [mailto:rickcarabaialyahoo.coml Sent: Tuesday, October 31, 2017 10:04 AM To: McDanielBill <BillMcDanielcolliergov.net> Subject: CLEARY PUD help needed reply Hi Bill, Thanks for your response on the pending Cleary PUD development. I'm wondering if you might have 15-30 minutes sometime before the November 14 th. hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits, I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal Under Florida ira4'V, e-ruali addresses are pu lic records. It you do not want your -mail auFuress released iii response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CLEARY DEVELOPMENT • On 9 acres the developer is asking for a change in density of.6 allowing 150 units of senior/assisted living to a .45 density allowing 200 units. The community of Saturnia Lakes has 580 units with a density of .3. Across the street the Olde Cypress community has 1,100 units with a density of .2+. • Saturnia Lakes has only single family homes and this project is asking for a height allowance of 40-50 feet. With it's proximity to Saturnia Grande Blvd this will impact views, privacy and potential return on investment. • A shopping center is planned nearby at the corner of Logan and Immokalee. The shopping center has a 30,000 sq ft grocery store, space for 7 restaurants and 15 other retail spaces ranging from 1,250-8,000 square ft. The planned building height is between 18-22 feet. This has the potential to generate a high volume of traffic in a very congested area. • Combined, the three properties would have 3 entrances/exits within 0.2 miles between Logan and the entrance to Saturnia Lakes. Increasing traffic on an already heavily trafficked road. • The only entrance/exit for the Cleary Development and Heritage Greens is on Immokalee Rd which requires a u-turn to head West increasing the potential for motor vehicle accidents. • The 9 acres designated for the Cleary Development is already flood prone and with the surface hardening the risk for flooding increases. Both Saturnia Lakes and Heritage Greens had major failures of the sewer system with hurricane Irma. Saturnia Lakes residents were unable to use bathrooms and Heritage Greens had raw sewage on the streets. The flooding also increased the length of time the communities were without electricity. • Any zoning change should either benefit or compliment the adjacent community. This project does neither. • The requested change does not address the issue of inadequate beds/residences for affordable housing for seniors or people on medicaid. The need to staff an assisted living facility and lack of affordable housing will increase the number of workers commuting from outside Collier County adding to an already burdened traffic problem on local roads and 1-75. • The average cost for assisted living in Collier is $4,500 a month, extras excluded. This cost is out of reach for many of our senior citizens who wish to remain in a community where they have developed strong ties. • We believe this project places an undue burden on the surrounding communities, and Saturnia Lakes in particular, without benefit to the larger Collier Community. • We are not against any development on the site. We would support a community with a reasonable number of single family homes or a low rise apartment/condo complex. FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, November 13, 2017 7:38 AM To: 'Mary Anne Guarino' Subject: RE: Cleary Project Ms. Guarino, This will acknowledge receipt of your November 12, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 W 'age` WEB PAGE: From: Mary Anne Guarino [mailto:maryanneguarino@gmail.com] Sent:Sunday, November 12, 2017 11:26 AM To: McDanielBill<BilIMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. McDaniel, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th,where all of the Saturnia residents, except two, one being our lawyer Patrick Neale, were shocked to hear that our HOA president had signed an agreement,without holding a board meeting with the residents,with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end,our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. I do not want to take up a lot of your time but there are several concerns we have concerning this project. 1 The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition,we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way, which will now be lost forever.A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, November 13, 2017 7:19 AM To: 'MaryAnne Guarino' Subject: RE: Cleary Project Mr. Guarino, This will acknowledge receipt of your November 12, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. gett William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 Weie WEB PAGE: .. From: MaryAnne Guarino [mailto:jfmcgo@comcast.net] Sent:Sunday, November 12, 2017 11:23 AM To: McDanielBill<BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. McDaniel, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th, where all of the Saturnia residents, except two,one being our lawyer Patrick Neale,were shocked to hear that our HOA president had signed an agreement,without holding a board meeting with the residents,with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end, our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. 1 I do not want to take up a lot of your time but there are several concerns we have concerning this project. The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition, we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way, which will now be lost forever. A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 31, 2017 12:46 PM To: 'David Marin' Subject: RE: Opposition to Cleary CFPUD PL20160001985 Mr. Marin, This will acknowledge receipt of your October 31, 2017 email and the additional information regarding the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will give due consideration to this informaiton when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the futurelease do not hesitate to contact myoffice. p William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111 Pgge WEB PAGE: From: David Marin[mailto:dwmarin@optonline_net]. Sent:Tuesday, October 31, 2017 12:37 PM To:SaundersBurt<BurtSaunders@colliergov.net> Cc: FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>;TaylorPenny <PennyTaylor@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net> Subject: Re: Opposition to Cleary CFPUD PL20160001985 Mr. Saunders & Commissioners, Just one more quick note following up on my previous 10/27 email (below) re: the 11/14 BCC meeting on the Cleary PUD (PL20160001985) In the October 25th public hearing notice regarding this meeting (see pdf attached) the "63 residential dwelling units" continues to remain an option acceptable to Mr. Cleary. As this option is also acceptable to the majority of Saturnia Lakes residents I suggest the Board grant Mr. Cleary approval for his desired 63 residential dwelling units vs the much taller& larger 200 bed group housing structure Saturnia Lakes residents oppose. Thank you, Dave Marin 1 On Oct 27, 2017, at 9:15 AM, David Marin <dwinarin(i optonline.net>wrote: October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, la€TMm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 a€oeCleary PUDa€. This proposed project is being presented at your November 14th meeting. Below la€TMve summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 a€cePre-Application Meeting Notesa€#1 handwritten note says- a€ceAddress compliance with FLUE designation; FLUE policy 5.4 (a€cerequires new land uses to be compatible with surrounding areas€); FLUE objective 7 (a€ceadhere to the existing development character of Collier Countya€and its applicable supporting policiesa€ (such as developments provide a€cea range of housing prices and typesa€)) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a a€oesemanticsa€ discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The Countya€TMs Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the a€cecomparablea€ existing height (and a€oecommunity characters€) of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administrations€TMs Assisted Living Directory for Collier County I compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Clearya€TMs proximity to Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document Cleary is a a€oeQuasi-Commerciale€ Development Cleary is asking the board to jump several steps from currently zoned Agricultural to a€ceQuasi Commerciale€. In Principal Planner, Growth Management Departments€TMs Nancy Gundlacha€TMs 8/2/17 a€oethird review of the Cleary PUDa€ rezone letter to Wayne Arnold (Grady Minor &Associates) and Richard Yovanovich (Coleman, Yovanovich and Koester, P.A.) she states a€ceThis PUD contains quasi commercial uses (ALF and CCRC) and residential uses. Therefore, it is a CFPUD, not a RPUDa€ I ask the BCC to draw a line in the sand and not allow for such a tall a€cequasi commercials€ structure to set a precedent in our immediate community. 63 townhomes have never been taken off the table Clearya€TMs Description of Work states: a€ceProposed rezone from the a€ceAa€ Zoning District to RPUD to allow for group housing for seniors and/or residential dwelling unitsa€ ALL of Clearya€TMs correspondence with the County includes his request for a€ceA maximum development density of 63 (formerly 65) residential dwelling units or 200 units of group housing for seniorsa€ (8/27/17 PUD exhibit from the Cleary a€cePlanning Application Statusa€website) I believe Saturnia Lakes residents would welcome this option, and make for an easy BCC compromise - if its€TMs good enough for Mr. Cleary to have proposed this option from day one, Saturnia would not oppose this low-rise option. Is there really a need for 200 additional assisted living beds in Naples? NO! Cleary lawyers try to argue, with the aging baby boomer generation, the obvious need for additional assisted living type of facilities. However, due to a€ceturnovera€ at such facilities, the current number of beds (1765 in 24 facilities per AHCA Assisted Living Directory) in Collier County is not maxed out and there is currently no waiting for space in the largest ALRs: Terracina Grand - space available Brookdale North Naples - studio available (independant living) Tuscany Villa of Naples - space available Barrington Terrace - space available Bentley Village - space available Bradford Square - space available CCPC Chair Mark Strain was one of two a€ceNoa€ votes At the 10/5 Cleary planning meeting Chair Mark Strain felt a) Clearya€TMs proposal option for the 200 beds ALF/CCRC should really only be zoned for 150 beds, and b) the 63 residential dwelling units should really only be 45 - I believe he felt in both cases this was due to the standard .45 FAR. Reducing the 200 units to 150 would also reduce by 25% all support staff associated with care at the facility. Mr. Saunders, based on these arguments I request you and the other members of the Board reject Mr. Clearya€TMs request for such a large structure so close to our Saturnia Lakes community, and instead approve his smaller scale 63 townhomes option. Thank you, Dave Marin 2403 Butterfly Palm Dr. Naples, FL 34119 914-413-2351 Cc: Donna Fiala Andy Solis Penny Taylor William McDaniel, Jr. <Naples Assisted Living Bldgs.pdt> oft 40 .4 >Ad Proof ::,--Napirs B .. .crutss Sales Rep:Mereida Cardenas(N9103) Phone: Email: —11112=11111111111111 —7111111=111111P Date:10/20/17 This is a proof of your ad scheduled to run on the dates indicated below. 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The title of the proposed Ordinance s is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIERCOUNTY,FLORIDAAMENDINGORDINANCENUMBER2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CLEARY RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 63 RESIDENTIAL DWELLING UNITS OR 200 GROUP HOUSING UNITS FOR SENIORS 1 ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,CONSISTING OF 8.99±ACRES.[PUDZ-PL20160001985] A copy of the proposed Ordinance 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 i 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 area person with adisabilitywho 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 PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) October 25,2017 No.1798675 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 30, 2017 7:40 AM To: 'KATHY MILLER' Subject: RE: Cleary property Ms. Miller, This will acknowledge receipt of your October 13, 2017 email expressing your concerns to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From: KATHY MILLER [mailto:cjmsmom@comcast_netj Sent:Sunday, October 29, 2017 4:29 PM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: Cleary property I'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan, we know that will make it worse. When the Cleary development is built, there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic, there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. 1 Kathy Miller 2430 Butterfly Palm Drive 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 30, 2017 7:26 AM To: 'David Opland' Subject: RE: Objections to Cleary PUD Mr. & Mrs. Opland, This will acknowledge receipt of your October 28, 2017 email supporting the modifications to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Feet William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 VC.Page.;.. WEB PAGE: From: David Opland [mailto:martiandust@gmail.com]. Sent:Saturday, October 28, 2017 1:40 PM To: McDanielBill<BillMcDaniel@colliergov.net> Subject: Objections to Cleary PUD Commissioner McDaniel, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns, which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property. The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately, they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust@gmail.com 2 Mary M. Optand David A .1 d 1512 Pacaya Cove • Naples, Florida 34119 Phone: 239-777-1220 • E-Mail: martiandust®gmail.com Date: October 28, 2017 William L. McDaniel, Jr. Board of Collier County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Regarding: PUDZ-PL20160001985 Dear Commissioner McDaniel: We are homeowners and year-round residents of the Saturnia Lakes Community, which is comprised of 580 single-family residences in a resort style development. Our main entrance was designed by the developer G.L. Homes (GLH) to enhance the aesthetics of our community as a beautifully landscaped boulevard about a quarter mile long south of Immokalee Road. This road is a high point in our community as the roadbed is about 15 feet above the surrounding land. Had the abutting land to the west been available to GLH, it would have been developed to mirror the one and two story homes to the east and south. Today the developer of this adjoining land known as the Cleary Development Group (CDG) is proposing to construct several four-story buildings to a height of 50 feet above grade. This grade could be and will likely be an additional 15 feet or so above the present grade to match the grade of the entrance road to Saturnia Lakes. While zoning allows building to a height of 50 feet, GLH limited the height to 35 feet within Saturnia Lakes. CDG asserts Saturnia Lakes properties could be redeveloped at the 50-foot level so that is the building height that should be permitted. That assertion simply will not happen because Saturnia Lakes was developed approximately ten to fifteen years ago with hundreds of single-family homes each on its own lot and fully developed at an actual maximum height of two stories. As such, the CDG Project or any future adjoining land development should be limited to the same 35-foot height because of the negative neighborhood effects not only to Saturnia Lakes but other nearby residential properties. We are not suggesting the CDG be prevented from developing the Cleary parcel. We only ask that the development be consistent with existing nearby residential development with reasonable density and building height restrictions. There are three development options in place for CDG including single-family homes, multi-family housing, or a senior care complex. Unfortunately, CDG has apparently rejected the option to develop the land as a single-family residential community, which is compatible with adjacent land use. Instead, CDG is pursuing Page 2 the development with the highest population density and most imposing structures, which is inconsistent with existing residential developments such the Saturnia Lakes and Heritage Greens communities. We also think the third option has a business purpose closer to a commercial enterprise than residential. On October 5, 2017, the Collier County Planning Commission considered changing the zoning classification of the real estate to be developed by CDG from a Rural Agricultural zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors. The vote was split with four ayes and two nays. Chair Mark Strain objected to the Cleary RPUD as proposed saying, "I will not support motion of approval for the following reasons. I think the height across the board is too high at 50 feet. I think the project is supposed to be transitional. Now compatibility is one thing, making it transitional is another. You don't double the density and increase the height to this magnitude next door to a project, especially when it's not an activity center. So I don't think the height is justified". He went on to say, "I believe that the density for the ALF is too high. It should not be given 0.60, especially since they won't look at a higher public purpose to gain that additional density. But at 0.45, 150 units are relevant in ratio to that. I think the density for the dwelling units is too high at seven units per acre. I think it should be five, which is 0.45 and more compatible and transitional from Saturnia Lakes". Secretary Diane Ebert and our District 3 representative also objected to the Cleary RPUD saying, "I also will not support. The transition is too great. I worry about the property next door going into the same thing". For your information, a similar sized undeveloped real estate parcel adjoins the Cleary RPUD to the west. At the meeting, the planning commissioners were told by a representative of Mike Manganaro, president of the Saturnia Lakes Homeowners Association (the "HOA"), the Cleary RPUD had complete support of the HOA. That statement is incorrect at best and perhaps misleading. The truth is Mike Manganaro, in conjunction with one or two other homeowners, entered into an agreement with CDG with only minor modifications to the Cleary RPUD. They did this without consulting the entire HOA board of directors. Furthermore, there was no communication of this agreement to the HOA residents until those present at the Planning Commission meeting heard it for the first time. Please note that Mike Manganaro was appointed and not elected to the HOA board of directors. In addition, Mr. Manganaro is presently subject to recall pursuant to Florida Statutes, section 720.303(10) for breaching his fiduciary responsibility. We assert that Mike Manganaro is not a voice for the people comprising the HOA and does not truly represent the best interests of the Saturnia Lakes community. Page 3 Please consider our petition to you and the rest of the Collier County Commissioners for modification of the Cleary RPUD reducing density and building height. Our neighbors and we would be most appreciative of your support. Sincerely, Y 22,4,44 . Mary M. Opland David A. Opland FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 24, 2017 11:16 AM To: 'Mary Ellen Gustafson' Subject: RE: Saturnia Lakes and the Cleary Development Project Mr. Gustafson, This will acknowledge receipt of your October 24, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Fell William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 Well Page' WEB PAGE: From: Mary Ellen Gustafson [mailto:megustafson@yahoo.comj Sent:Tuesday, October 24, 2017 10:59 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject:Saturnia Lakes and the Cleary Development Project Dear Mr. McDaniel: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote"NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area -- building a 50' building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility--the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 1 5. This project will create dangerous traffic problems. Please vote "NO"for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 24, 2017 11:17 AM To: 'rick carabajal' Subject: RE: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Mr. Carabajal, This will acknowledge receipt of your October 24, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 :age-- WEB PAGE: From: rick carabajal [mailto:rickcarabajal@yahoo.comj. Sent:Tuesday, October 24, 2017 10:51 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Dear Bill, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, 1 FilsonSue From: FilsonSue Sent: Wednesday, October 25, 2017 11:49 AM To: Karen Klukiewicz Subject: RE: Requesting Meeting - Cleary PUD Hi Karen,this will confirm that I have scheduled an appt for Thursday, October 26th at 2:00 p.m. for Patrick Neale and Michael Manganaro regarding Cleary PUD to be held in Commissioner McDaniel's office located at 3299 E. Tamiami Trail, Building F, 3rd Floor, Suite 303. Please let me know if you require additional information. Sue From: Karen Klukiewicz [mailto:karen@patrickneale.com] Sent:Wednesday, October 25, 2017 11:44 AM To: FilsonSue<SueFilson@colliergov.net> Cc: Patrick Neale<pneale@patrickneale.com>; mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting-Cleary PUD Sue— We'll take 2:00 tomorrow. Please confirm meeting location. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karen aApatrickneale.com Email Servicing: email-service(a�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0, Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the 1 intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein. including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials, From: FilsonSue [mailto:SueFilson@colliergov.netj Sent:Wednesday,October 25,2017 11:43 AM To: Karen Klukiewicz<karen@patrickneale.com> Subject: RE: Requesting Meeting-Cleary PUD 10:00, 11:00, 1:00, or 2:00 From: Karen Klukiewicz [mailto:karen@patrickneale.coml Sent:Wednesday, October 25, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Cc: Patrick Neale<pneale@patrickneale.com>;mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting-Cleary PUD Sue— Please let me know what the Commissioner has available for tomorrow and we will do our best to make it happen. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service(c�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office- 950 ffice950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, 2 cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent:Wednesday, October 25,2017 11:39 AM To: Karen Klukiewicz<karen@patrickneale.com> Subject: RE: Requesting Meeting-Cleary PUD Hi Karen, unfortunately Commissioner McDaniel does not have any available appointments unless they want to come in tomorrow. Sue From: karen@patrickneale.com [mailto:karen@patrickneale.com] Sent:Wednesday,October 25,2017 11:16 AM To: FilsonSue<SueFilson@colliergov.net> Cc: pneale@patrickneale.com; judi@patrickneale.com Subject: Registered: Requesting Meeting-Cleary PUD REGISTERED EMAIL Mail CERTIFIED DELIVERY, CONTENT& TIME This is a Registered Email- message from Karen Klukiewicz. Hello,Sue- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting,and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Kiukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karenpatrickneale.com Email Servicing: email-service(a�patrickneale.com 3 www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein. including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 4 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Friday, October 20, 2017 10:50 AM To: 'Barbara Morley' Subject: RE: RPUD CLEARY SITE - Immokalee Road Mr. Morley, This will acknowledge receipt of your October 20, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Vete William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 WEB PAGE: — From:Barbara Morley [malltQ:bjmorley2@gmall_com.j Sent: Friday, October 20,2017 10:46 AM Subject: RPUD CLEARY SITE- Immokalee Road Allow me to introduce myself. I am Barbara Morley,a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One"to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee. Their newly proposed second option, if approved,would allow them to build a 50'tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives,under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road,East and West of the Cleary site and there are no buildings greater than two stories within a 2 I/2 mile radius. • As you are aware,West of the Cleary property is another long,narrow 9 acre site similar to the Cleary land.This site has been referred to as the "Walker" property. Collier County plans show an access lane,which has been carved out of the Walker property,to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles, delivery trucks,waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval,will also want to build a similar multi unit building,the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow. The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580+resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH,which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow. This turn lane also provides "U-turn ability for residents of Heritage Hills, a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department,who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties.Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75,create traffic and safety nightmares for those living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. The logical solution is for this Commission to approve Cleary's"OPTION ONE". Cleary's Option One is suitable and the proper way to develop this site.There have been no objections by current owners or residents to Cleary's "Option One"which would create 63 single family homes within a gated community as outlined and still on the table in their proposals.It is the right decision for all the above reasons 2 i gico Pad MEDITERRA 1 BARRINGTON COVE I. CAMDEN LAKES MARSILEA DELASOL s.�. C 3 iPad glco QUAILS . 660 STONECREEK 850 4 MILES a QUAIL GREEK Q RIVERSTONE 580 CYC 850 Z o � QUAIL CREEK LONGSHORE OLDE CYPRESS VILLAGE LAKE 1100 rw rraz 4 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Friday, October 20, 2017 7:32 AM To: 'Tom Caione' Subject: RE: Cleary Property Proposal Mr. & Mrs. Caione, This will acknowledge receipt of your October 19, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Ede William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 W µ` WEB PAGE: From:Torn Caione[mailto:tcaione@comc.asLn.etl Sent:Thursday, October 19, 2017 8:21 PM To: McDanielBill<BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Property Proposal Dear Mr. McDaniel, Please se the attached regarding the Cleary Property Proposal. Thank you. Thomas and Janet Caione 2379 Butterfly Palm Dr Naples, FL 34229 Sent from Mail for Windows 10 1 Tom & Janet Caione 't 2379 Butterfly Palm Drim e Naples,Honda 34119 October 19, 2017 Dear Mr. McDaniel, We are writing this letter to make you aware of our opposition to the proposed building plan of the Cleary property in North Naples. We are residents of Saturnia Lakes which is the development that the proposed will border if approved. There are several reasons that this project as proposed should be denied, or at least modified,but we have listed the following as those of most concern to us. We have been residents of Saturnia Lakes since 2002. Reason's the project as proposed should be denied: ].Since Cleary has never taken the (low rise) 63 residential dwelling units off the table. I would like to point this out to the BCC. If this option is good enough for Cleary,we believe it would gain the approval of most Saturnia residents, since it falls in line with the architecture of the surrounding communities. 2. Cleary's attorney made a point to say their 45 or 5o foot structure fits right in with similar tall buildings in the area. I am sure that you are aware that this is not true. There are no buildings of this height within miles of this property. The closest ones being near the Livingston Road/Vanderbilt Beach Road. intersection which is over 5 miles away. 3.You should be aware that there was a"semantics" argument among the planning board members at the 10/5 meeting regarding whether or not the Cleary project should be compared to Saturnia's zoned height of 5o feet or our ACTUAL built height of approximately 3o feet. This seemed open to interpretation. 4.A 200 bed assisted living living/continuing care facility is considered"quasi- commercial"in the eyes of Collier County. 5.A quick look at the locations of other assisted living buildings in the area from 130- 200 beds will show that none are hovering over a residential community like Cleary is in proximity to Saturnia Lakes Thank you for taking the time to read this correspondence. Hopefully it will shed more light on the situation. Sincerely, Thomas and Janet Caione FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 17, 2017 11:22 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD Project Mr. Kelly, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Veit William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From:Gerald Kelly[mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 10:57 AM To: McDanielBill<BillMcDaniel@colliergov.net> Subject: Cleary RPUD Project I am a homeowner in the Saturnia Lakes Community and I would like to go on record as being opposed to the Cleary RPUD Project. The project is proposed for the western border of our community. If built as designed, it will tower over the 580 single family homes in our community.. The project is completely inconsistent both in terms of density and design with everything in our local area. Please do not be persuaded by the argument that the Cleary Group enjoys the full support of the Saturnia Lakes HOA. They do not and they know it. They enjoy the full support of one person who happens to be our HOA Board President. They cut a secret deal with him that literally no one else in the community had any knowledge of. We are in the process of taking removal action on this individual. Thank you for your kind attention to this matter. Jerry Kelly 1 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 11:15 AM To: 'Rccpc7335' Subject: RE: Cleary Project Mr. Carlsen, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. it is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. ecie William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111-Web Paige WEB PAGE: From: Rccpc7335 [mailto:rccpc7335@aol.com] Sent:Tuesday, October 17, 2017 10:47 AM To:SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill<BillMcDaniel@colliergov.net>; FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Commissioner: I am a homeowner in Saturnia Lakes and a member of the HOA. I write to you to voice my opposition to the Cleary project proposed to be built directly to our west along Immokalee Road. Although my wife and I presently are in New York, I have been kept abreast of the misadventures which have occurred including your last public hearing at which the Cleary project was discussed. The proposal, as I understand it, is for the construction of a nursing facility for the aged and infirm with at least one of the proposed structures to be almost 50 feet in height. Through miscommunication involving one of our directors and his privately-hired attorney, your Board was informed that we had no objection and that Saturnia Lakes agreed to the proposal as submitted. Nothing could be further from the truth. Although you have no obligation to monitor our private HOA procedures, it is sufficient to state that the statement made on the record at your hearing by that attorney was not the result of any advance notice, general meeting, or approval by the membership. The rest is internal confusion which we now undergo as a result of the unauthorized actions I refer to. 1 Let me simply state that Robert and Billie Ann Carlsen, who reside at 2350 Butterfly Palm Drive in Saturnia Lakes, oppose the project as submitted to you and wish to be on record together with many others in informing you of this fact. Respectfully, Robert C. Carlsen, Esq. 75-19 Myrtle Avenue Glendale, NY 11385 718-366-0058 2 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 10:23 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD PUDZ-PL20160001985 Ms. Kelly, I will provide your additional email to the Commissioner for his information and review. Sue Filson,Aide to William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Web Pbge WEB PAGE: From:Gerald Kelly [mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 10:04 AM To: FilsonSue <SueFilson@colliergov.net> Subject: Cleary RPUD PUDZ-PL20160001985 Ms Filson, I have just emailed Mr. McDaniel about my opposition to the Cleary RPUD Project. This property is on the western border of Saturnia Lakes Community off of Immokalee Road in North Naples. Both Mark Strain and Diane Ebert have strongly disagreed (Oct.5th CCPC meeting) with the development of this property as shown by the developer and Cleary attorney. A four story building would dwarf our community not to mention the traffic, noise and accident potential. Collier County has already said there will be no traffic light on Logan Blvd. when the G.L.Homes shopping center is built in 2018. Hurricane Irma has decimated the tree line at the entrance to our community and no amount of new plantings will fill-in any time soon. On the Oct. 5th meeting of the CCPC, our HOA President had made a deal with the Cleary attorney that the community was in favor of this development. That is extremely false. The residents were unaware of this as we had arrived with white shirts on to show solidarity against the proposal. This seemed to be of no avail as we lost our cause by one vote. Please let Mr. McDaniel know that the whole Saturnia Lakes Community is opposed to the current proposal made by the Cleary Attorney. Thank you, Susan Kelly Saturnia Lakes Resident 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 17, 2017 10:09 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD PUZ-PL20160001985 Ms. Kelly, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. ate William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: — From: Gerald Kelly [mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 9:50 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: Cleary RPUD PUZ-PL20160001985 Mr. McDaniel, I am a resident of the Saturnia Lakes Community and am stating my opposition to the Cleary RPUD Project. On Oct. 5th, the CCPC held their hearing and both Mark Strain and Diane Ebert strongly disagreed with the Cleary Proposal. The room was filled with white shirted residents to convey our disapproval of that said proposal. We were in fact stunned by the attorney that represented Saturnia Lakes when he declared that our community was in favor of the proposal. That is very much false. The community was unaware that our current HOA President had made a deal with the Cleary attorney. The Cleary property is on our western border where Hurricane Irma took out the tree line on that side. Even if new plantings are added it will in no way hide the four story building that is proposed for that location not to mention the height will dwarf all buildings around it. Also, there is the fact that the entrance would only be feet away from our own which would cause traffic, noise and accident concerns. We have school buses in and out of our community several times a day. The other concern is that G.L.Homes will be starting their construction project in 2018 at Logan Blvd. and Immokalee Road. The county has already stated that there will not be a traffic light at the shopping center location. Please consider a "no" vote at your November BCC meeting. Thank you, Susan Kelly Saturnia Lakes Resident 2 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 7:51 AM To: 'Millie Corcoran' Subject: RE: PUD-PL20160001985 Mr. & Mrs. Corcoran This will acknowledge receipt of your October 16, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From: Millie Corcoran [mailto:mcorcoran1029@gmail.com] Sent: Monday, October 16, 2017 3:13 PM To: FilsonSue<SueFilson@colliergov.net> Subject: PUD-PL20160001985 Sent from Mail for Windows 10 1 We are writing this letter to respectfully oppose the Cleary Development Project. This project is proposed for the small 8+acre lot located West of Saturnia Lakes Community and East of the yet to be built GL Shopping Center on the Southeast corner of Immokalee Rd. and Logan Blvd. in North Naples. Our objections are as follows: Our community had a meeting with the developer in January 2017 and was told we could expect a single home community of 63 houses. Little by little this plan became a 4 story (5 story if the underground parking is counted) up to a height of 50 feet. Since Saturnia Lakes only has 1 and 2 story houses,and since this project is using every square inch of space,this colossal structure will be looming large over our entire community. It will run the entire length of our beautiful entrance (which most residents will tell you that is why they purchased in this community). The foliage that the developer portrays on his artist's rendering is no longer there after Hurricane Irma. Traffic in the area is another big concern. There have been quite a few new developments along Immokalee Rd. in the past 2-3 years and, in season, one must sit through 3 traffic lights to get through the intersection of Immokalee and Logan. That is before the installation of this 200-unit project and before the installation of the already approved GL shopping center. Additionally,the entrance to the proposed Cleary project is very close to our entrance and at the speeds that are traveled on Immokalee, people pulling out and people trying to get over to our entrance will be extremely dangerous. We have a community full of young children and many of the youth from the nearby High School walk home in the afternoon. It gives me chills to think of all that could go wrong. Water drainage is a third concern. Cleary stated at the zoning hearing that at the time Saturnia Lakes was developed our lake system could handle water from the adjacent properties west to the corner at Logan. That was 16 years ago. Was a 200-unit building and an entire shopping center considered as a possibility? While I admit I'm not an expert, I do hear on the news about Lee County having many flooding problems with County approved development causing massive floods for the people that have been there for many years. Finally, in closing I would like to mention that our Community came en masse to the zoning hearing and sent over 200 petitions against the rezoning only to lose our case by ONE vote. We will be at the BCC committee hearing all wearing our white shirts. I do hope your will take our opposition to be serious. Thank you for your time and consideration. Edward & Mildred Corcoran 2431 Butterfly Palm Drive Naples, FL 34119 Mcorcoran1029@gmail.com FilsonSue From: FilsonSue Sent: Tuesday, October 10, 2017 1:08 PM To: 'Dianna Quintanilla' Subject: RE: Meeting Request: Cleary PUD Got it,thank you. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 1:06 PM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Just found out I need to include Wayne Arnold as attending the meeting with Rich. Thanks. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P: 239 435.35351 F. 239.435.121$ d iuintanillaacvklawfirm.com Visit cyklawfirm.com to learn more about us. • Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(oicyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson(acolliergov.net] Sent: Tuesday, October 10, 2017 12:00 PM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay,got it. Will it only be Rich? It is quasi judicial so I need all names. Have a great day. Sue 1 From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 11:57 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Let's do 1:30, yes only a %2 hour. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P. 239 435 3535 i F 239.435 1218 dquintanillaCa.cyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(a cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson©colliergov.net] Sent: Tuesday, October 10, 2017 11:54 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Any time in afternoon, starting at 1:00 p.m. Does he need %z hour or an hour. From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:46 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Okay, I had a chance to speak with him just now, he will take November 6th. What time do you prefer? Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North. Suite 300 Naples, Florida 34103 P. 239 435 3535 I F. 239.435.1218 dquintanillaCa)cvklawfirm.com 2 Visit cvklawfirm.com to learn more about us. B -Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyk/awfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@>colliergov.net] Sent: Tuesday, October 10, 2017 11:42 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay, no problem. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiarri Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239-435.1218 dauintanillat cvklawfirm.com Visit cvklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintonilla(a cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:42 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay, no problem. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North. Suite 300 Naples, Florida 34103 P: 239 435 3535 ! F 239.435.1218 dquintanilla@cvklawfirm.com Visit cvklawfirm.com to learn more about us. Trusted & Verified • Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(5cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:39 AM 3 To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Dianna, I can do November 6'. The week before that he has jury duty. That is the only day I have open right now. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 11:32 AM To: FilsonSue<SueFilson@colliergov.net> Subject: Meeting Request: Cleary PUD Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client (Mr. Cleary) lives out of state,I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. Please let me know when the Commissioner is available on Monday November 13th Thank you in advance. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Honda 34103 P. 239.435.35351 F. 239.435.121i? dquintanilla@cyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified 1 Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.cam or call(239)435-3535,and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 FilsonSue From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Tuesday, October 10, 2017 11:42 AM To: FilsonSue Subject: RE: Meeting Request: Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P 239 435 3535 1 F 239,435 1211 dquintanillacyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:39 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Dianna, I can do November 6th. The week before that he has jury duty. That is the only day I have open right now. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10,2017 11:32 AM To: FilsonSue<SueFilson@colliergov.net> Subject: Meeting Request: Cleary PUD Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client(Mr. Cleary) lives out of state, I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. 1. Please let me know when the Commissioner is available on Monday November 13t" Thank you in advance. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiarni Trail North, Suite 300 Naples, Florida 34103 P 239.435 35351 F- 239 435.1218 dquintanillaaa.cvklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanillat Jcyklawfirm.corn or call(239)435-3535,and permanently dispose of the original message. 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 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:51 AM To: 'Val' Subject: RE: Cleary development on Immokolee Ms. Palmieri, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: Original Message From:Val [mailto:vgmgp@aol.com] Sent: Sunday,October 15, 2017 4:06 PM To: McDanielBill <BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary development on Immokolee Dear Mr McDaniel, I live in Saturnian Lakes and l object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:47 AM To: 'romeysr@aol.com' Subject: RE: Cleary PUD in North Naples Mr. Palmieri, This will acknowledge receipt of your October 15, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. edt William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 al Web age. WEB PAGE: From: romeysr@aol.com [mailto:romeysr@aol.com] Sent:Sunday, October 15, 2017 3:35 PM To: McDanielBill<BillMcDaniel@colliergov.net> Cc:suefilson@colliergov.netMr. Subject: Cleary PUD in North Naples Mr. McDaniel: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community(2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:42 AM To: 'Paul Petras' Subject: RE: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Mr. Petras, This will acknowledge receipt of your October 15, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From: Paul Petras [mailto:plpetras@yahoo.com] Sent: Sunday, October 15, 2017 12:37 PM To: SaundersBurt<BurtSaunders@colliergov.net>; TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net> Cc: DavidLykins@colliergov.net Subject: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Dear Commissioners: At the October 5th meeting of the Collier County Planning Commission, Mr. Manganaro indicated that the Saturnia Lakes HOA supports the Cleary development, but all of the Saturnia homeowners that I know are against it. Having 50 ft. tall buildings, so close to our main entrance, will destroy the integrity and charm of our community and those high density buildings will add traffic congestion to Immokalee Road, which is already extremely busy and destined to get busier once the recently approved Landings at Logan development is completed. Please protect our community and our home values by disapproving the proposed rezoning for the Cleary development or, at a minimum, restrict the height of buildings to 3 stories (above the current floodplain elevation of that lot) and increase the setback requirements. Thank you for your time and consideration. Sincerely, Paul Petras 1 Saturnia Lakes Homeowner 1714 Triangle Palm Terrace Naples, FL 34119 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:21 AM To: 'Richard C. Guliano' Subject: RE: cleary development Mr. Guliano, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111 WEB PAGE: — From: Richard C. Guliano [mailto:guliano610@outlook.com] Sent: Friday, October 13, 2017 4:38 PM To: McDanielBill<BillMcDaniel@colliergov.net> Subject:cleary development Mr. McDaniel Have been enjoying retirement in Saturnia Lakes for 15 yrs. Would like to see that continue. Did not invest here to have a 4 story bldg.,50 ft high building with outdoor air conditioners, more traffic with 200 units and a new shopping center next door please reconsider Sent from Mali for Windows FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:28 AM To: 'Patricia Rose' Subject: RE: Cleary Project Ms. Rose, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From: Patricia Rose [mailto:patrose@me.com] Sent: Friday, October 13,2017 10:12 PM To: SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; DavidLykins@colliergov.net; GrecoSherry<SherryGreco@colliergov.net>; BrownleeMichael <MichaelBrownlee@colliergov.net>; GoodnerAngela <AngelaGoodner@colliergov.net>; FilsonSue <SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project, which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:25 AM To: 'Joseph Dykstra' Subject: RE: Cleary PUD Mr. Dykstra, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. 'Cee William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From:Joseph Dykstra [mailto:jhdykstra@verizon.net] Sent: Friday, October 13, 2017 5:51 PM To:SaundersBurt<BurtSaunders@colliergov.net>; DavidLykins@colliergov.net;TaylorPenny <PennyTaylor@colliergov.net>; SherryGreco@collier.net; FialaDonna<DonnaFiala@colliergov.net>; BrownleeMichael <MichaelBrownlee@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; GoodnerAngela <AngelaGoodner@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; FilsonSue <SueFilson@colliergov.net> Subject: Re: Cleary PUD Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s) will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. H. Dykstra 2 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 16.A.9. This item requires tnat ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. X NO DISCLOSURE FOR THIS ITEM , SEE FILE ( 1Meetings I (Correspondence e-mails Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails I 1Call B ent Dan Gorcz AVISO V Intelligent Real Estate Senior Director YOUNG Solutions 1166 Avenue of the Americas 15`h Floor New York,NY 10036 United States T 212.729.7087 M 516.816.5200 dan.gorczycki@avisonyoung.co m www.avisonyoung.com October 31, 2017 Mr. Harry Bandinel Banroc Forge Development Corp. 6539 Oakland Hills Drive Lakewood Ranch, FL 34202 Re: 17-acre Bayshore CR, Naples, FL To whom it may concern: With regard to Banroc Forge's RFP,Avison Young New York has been soliciting construction financing proposals from banks and joint venture equity investment from institutional equity sources. In the case of both the debt and the equity,there are several groups that are very interested in investing in the Bayshore project. While their interest is preliminary in advance of detailed underwriting,these are groups that we have closed deals with recently and they are simply awaiting official word that Banroc Forge is the chosen party. At that time,they will proceed towards a term sheet outlining what they can do on the Bayshore project. I would be happy to discuss the above if required. Let me know what else you need to provide comfort in their ability to proceed. Regards, Dan Gorczycki Senior Director 1413 DEVELOPMENT GROUP November 10, 2017 It has been a pleasure working with you and the very impressive team you have gathered over the last few months and this letter shall serve as Forge Development Group's commitment in co-developing, investing and assisting in the capital raise, for the project the Bayshore Arts Village Development Project. Our interest in teaming with Banroc on this project is a testament to your significant effort over the last year in assembling a world class group of investors, designers, and construction professionals and establishing a truly unique and significant project. The strong support from the various project stakeholders and the collaborative approach that has been exhibited is the team oriented environment we want to put our time, effort, and financial resources behind. As a bit of background, Forge Development Group is a full service real estate development and investment firm currently involved in industrial, medical, commercial, hospitality and multi-family development projects in both Pennsylvania and Southwest Florida. Our extensive experience with capital partners including institutional and individual investors will serve as the funding sources for the Project. Our executive team has a combined 70 years of development and construction experience managing construction, development and financing of a wide range of projects and will bring to bear this experience and commitment to ensuring the project's success. We look forward to working with you in making the Bayshore Arts Village a successful and impactful project. Sincerely, Andy Baldo Forge Development Group LLC 148 Bayshore Gateway Triangle 17-Acre Land Development November 14, 2017 � r t. ,�tA4.1 . 0*•s�.O.d a r• � -�^ .. x fi >« 9, ft ,;� =�ir• iassf{++w srsrr� � s ' w. F �� w 'ar I.sAin I 0 i ! - `/ s 1 ._ -. fr : . ' r.. � 4 �... .� `• rsy _ - t 1 _ x x �' k ity(r4: '` .< &t°At1.ti.1. -71 .. ' m .,"' r� v �� "*APL w I'M al t,34 `w1,. r J iiiii 4? r v s ! • fes/' *r \ ir ^ S t iy,. rte, '*"f�.. v Q - T • . *4 \1 J r ,` _ . Y_ 14‘."-t i '+ > :7-7^-r * t ;1 ;, to. 4A �.�,.k .. ., �." : , 't,.» � t,v . fl 4 :Mei / + .M,,,:! " a -tom.,1 �* im fLL r r Ii t h# ` ' :# r "t F ` ' 'Cl'' On t xt 8 a x .- > ta: x A S t y , h. '< f,` $ ma tt • : `# * t u/ } . x1 1 f a^ a ',.3 ,. +� t.4, �' 'Sn f - a t i f i J J — — Bike and Walk Path Bayshore Gateway Triangle Community Redevelopment Agency (BGTCRA) Solicitation 17-7169 Illit BAN ROC FORGE CORPORATION DEVELOPMENT GROUP BANROC FORGE 148 BAYSHORE 17 ACRE CRA ITN NOVEMBER 2017 UPDATES Outlined below are some important new updates to our proposal/ITN for the purchase and development of the 17 Acre Bayshore CRA Tract in Bayshore. REGARDING FUNDING FOR VPAC PERFORMING ARTS CENTER Given the general concern of VPAC's ability to obtain the significant funds/donations needed for the VPAC Performing Arts Center(PAC) Banroc Forge proposes that we give VPAC a 12 month period in which to raise at least 75%of the required donations to fund the PAC. If in that 12 months period VPAC obtains at least 75%of funding needed for the PAC then Banroc Forge will include the PAC and proceed with one of its two proposed Options-Option A(the PAC on the 17 Acres)or Option B(the PAC in Sugden Park). However if at the end of the 12 month period VPAC has not raised 75%of the funds needed for the PAC,then Banroc Forge will develop the 17 Acre Tract under its Proposed Option B(the Mixed Use Arts Village and Condos with PAC on the 17 Acre Tract). This assures the Bayshore CRA and Collier County that the 17 Acre Tract will be fully developed and productive within a three year period. It will also allow VPAC to continue to attempt to obtain its funding and if successful,VPAC could still at a later date build the PAC in Sugden Park without impacting the construction/development of the CRA's 17 Acres. Furthermore,all of Banroc's proposed improvements to enhance Sugden Park under Banroc's Option B could still be implemented—including the Outdoor Concerts Field,the Events Lawn,the Soccer Field Complex and the Plaz des Artists. Even without the VPAC Performing Arts Center as part of Banroc Forge's proposed Village and Condo Proposal, Banroc Forge's Bayshore Arts Village and Sugden Park improvements will provide a fantastic social,cultural and economic asset to the Bayshore community and all of Collier County. In any of the scenarios above, Banroc would immediately, upon finalizing the ITN with the County,start with the rezone and site planning for the entire project—one plan with the PAC on the 17 Acres and the other without the PAC.Concurrently if the Sugden Park option is used for the PAC(Banroc's Option B) then a separate and parallel negotiation would start with regard to putting the PAC in the Park. NEW TAX REVENUE AND NEW JOBS Either of Banroc Forge's two proposals will provide significant new annual tax revenue and new jobs for Collier County. Option A-Estimated new taxes: real estate taxes-$1,500,000 sales taxes$3,500,000 200 New Jobs Option B-Estimated new taxes: real estate taxes-$2,000,000 sales taxes$4,500,000 300 New Jobs In addition will be significant new dollars generated to the local economy from new tourism created by the PAC. THE IMPORTANCE OF CRITICAL MASS IN THE VILLAGE In order for the Bayshore Arts Village to be successful as a future economic unit, it needs a critical mass and minimum size and needs to be tied in with Sugden Park and Botanical Gardens. The only way to accomplish this on the 17 Acres is to place all parking under the Village and under the PAC. It will not work any other way. Banroc forge has specifically included the Shadley property and placed all parking under the Village and under the PAC. This includes several important factors: 1- Creating a "Village"that is large enough to assure the Village's future economic success 2- Creating a design and volume that is a true village and not just a small strip mall 3- Designing a Village that is a destination unto itself for its great atmosphere and style 4- Design a Village that has enough open space to host events,music,arts and culture in its many open spaces 5- Creating proper access/egress to the property 6- Provide significant street frontage 7- Provide enough parking 8- Connecting the Arts Village,Sugden Park and Botanical Gardens together As per Banroc Forge's plan the Village will have 6 restaurants,4 food stores,35 specialty and retail shops,30 offices and over 250 residences.The Village will have significant open and public spaces,squares and direct lakefront spaces to draw visitors. It network of paths and trolley will provide the critical connectivity to Sugden Park and Botanical Gardens. THE MOST IMPORTANT BENEFIT OF BUILDING THE PAC IN SUGDEN PARK As per confirmation with VPAC the Performing Arts Center as a single facility on its own,will need a significant annual endowment to fully cover its operating costs. Placing the Performing Arts Center in Sugden Park allows the needed additional space for the inclusion of the Black Box and Concert Field-this greatly enhances the"flexibility"and"expands"the use of the PAC.This translates to a far more financially viable PAC, not to mention the many more cultural benefits and income it will provide to the community. TIMEFRAME OF THE PROJECT To permit,design and build the Bayshore Arts Village as proposed by Banroc Forge-a mixed use village and condo project-will take no longer than building apartments or any other project on the 17 Acres. Banroc Forge fully expects the full proposed project will be completed within three years. The design and construction of the PAC can be done in 18 months. 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' ' i'0'.4.,:• ... ?., . , • • „. . . • A, --,-.. ,...., .,...... :-.4....,,,,,,,,, ';3..;"..,;„..,,,-,:``t-.-.., -.- -,,,,,,", - . ,-. - , .....„,,., ',- • ' - '4,,.';.,.*41*-**'*"f"V''''!:°:542r.";6**;.'"!: ,..-,'-'^-44''t'`,"",, ,,,,... ,w"‘-',.';';'.„,`-*".' „,-,4,'-'::::,,nn,4:,14, -'''''',,.,,,:;k:,,:?'','''.1."‘',::" • -- '.."-,""!..0..eZ,,,„:, 14 ' `'. „:,-..,. .,..,. ...„:44,,,,,416," '..,.&-o -..,...'"-t ,-...,-, --,4,,•*.` -* i. -- -*?„i„;,,, ; „*.i 4.11;4.*: ` * - ''....!' .-• .-,',,4(i.. :=•-**1' '.''',C '*' le . is...:10,....„‘v-..,,, 1 4 B The Team TEAM ORGANIZATION Bayshore Gateway Triangle Community Redevelopment Agency FINANCING DEVELOPERS Avison and Young BANROC Corporation I Forge Development Group CONSTRUCTION Project Funding Fairway Funding Group GATES Funding and Buyer Mortgages Construction Manager Coldwell Banker Realty DESIGN Sales and Marketing Florida Drywall Inc. DLR Group Strategic Development Partner Design Architect Primary Funding Master Planning/Architecture NON-PROFIT Performing Arts Center (PAC) Arts Village PARTNER Local Architect of Record Local Architect of Record VPAC SchenkelShultz Architecture MHK Architects Private Fundraising for Sugden Park PAC PAC Engineering Team Arts Village Engineering Team DLR Group Burgess Brant Consulting Engineers Fully Integrated PAC Design Mechanical Mechanical Electrical Electrical Plumbing Plumbing Fire Protection Fire Protection Select Structural Engineering Structural Theater Technical,A/V,Acoustics Structural Civil Engineering&Landscape Architecture STANTEC ENGINEERING Relevant Projects Shanghai North Bund Project The Players Centre for Performing Arts Onondaga Lakeview Amphitheater Shanghai,China Sarasota,Florida GMdes,Nv i m^ 'I Tirl II L__77r_r_21 - . urR i__=_..,_„0„). ._ — Cry n II ItNIN,„, : .„ . , rr e o Udo s � , . , ,Mfr - . ,O • r -, ,.", ..., 4,,i , -•- _�- Nii F, hr y IiI 13 tl . '' a _...�.- ..t.: k i a. ...,.-- '' OS , r :''- 11 r ' l & r ''t • � FPr4I amifi, � • � 14B The Team . ,_____„...,,,,, ,,„4 „, , ,,, _____ „„,,,,,,,.!, ,,. ,;41.-1!), t, 1 \ 441017i (--4, NiD- ,, 1\•... t 4_ :, fl ' — t; ct R � r 2..-()0. -----........."—' - 1° ,---......./ /"\' :.t.rig, iiillit iI 4 — — - ' ,,,,4 4 Concept Design for the Arts Construction Critical ,, _, .*,, ,,,, ,,,, , ,,,..., anne exi iLtr...Y—.•tS 36* {,K;,. + Lv. 4 1 � r4 ,,,.1:'0,-.41'.---:',Atli,' 4'4.4.•,..f.',, ' r i"...,....,. .t. _ ,3 :. ( - to Et r.. e. 'sip I v .. ' „ 'S,�. _ —•rrk,� , ,: 120 Lofts/Condos ` 75 Offices & Shops : " p { PAC ,„xis 10 Restaurants & Food Service Shops -, ' I ' ,' OPTION B • .. lePI ,n '• ` .�is 80 Condos (Option B) e1 _ ; #''�► ,� +.o- , i"_ • • s $•r, PAC '� 41 .. ` � f OPTION A',tit 0 q :. « .%''' ,*‘4'' « .-e 444 ,. 50 Aparthotel Suites j a . ,. I ,; I t. >' •, i'�,( lib ,,e5,4. . .,..„ ,,,.07 ,, , , ,,, ..,, , NO ,. 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