Agenda 01/26/2010 Item # 7AAgenda Item No. 7A
January 26, 2010
Page 1 of 249
EXECUTIVr SUMMARY
VA- PL2009 -1460 Michel Saadeh of the Vineyards Development Corporation is
requesting a Variance of 34.6 feet from the minimum 50 -foot setback requirement
from abutting residential districts of Ordinance No. 91 -75 (the Vineyards PUD) to
allow a 15.4 -foot setback for a golf course maintenance building from an abutting
residential district; and a Variance from the 10 -foot wide buffer width requirement
of Land Development Code (LDC) Subsection 4.06.02 C.1 to allow all of the
required plant material to be located in separate 10 -foot wide buffer areas adjacent
to the aforementioned abutting residential district. The 1.21 -acre subject property is
located at 400 Vineyards Boulevard, in Section 5, Township 49 South, Range 26
East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above - referenced Variance
petition and render a decision pursuant to Section 9.04.04 of the Land Development Code
(LDC) in order to ensure that the project is in harmony with all applicable codes and
regulations and that the community's interests are maintained.
CONSIDERATIONS:
The applicant is seeking to permit the construction of an approximately 9,000 square -foot
storage /maintenance building at the Vineyards Country Club's golf course operations
facility to house lawn mowers, tractors and other golf course maintenance equipment.
According to Ordinance No. 91 -75, Subsection 6.03.0l.B, however, any structures
located within the "Golf Course" designated areas of the PUD must be set back "a
minimum of fifty (50) feet from abutting residential districts, and the setback area [must]
be appropriately landscaped and maintained to act as a buffer zone. " Because the
proposed maintenance building would be located in one of the development's Golf
Course tracts and only 15.4 feet north of the Clubside Reserve condominiums, a Variance
of 36.4 feet is being requested for the southeastern corner of the building. A Variance
from the required 10 -foot buffer width is also being requested so that the requisite plant
material could be located on the northern side of an existing golf cart path adjacent to the
southern boundary of the property rather than immediately along the southern boundary
itself.
As shown on the Conceptual Site Plan on the preceding page, entitled, "Vineyards
Storage Facility Proposed Site Plan," prepared by Coastal Engineering Consultants, and
dated October 2, 2009, the proposed building would be located south of Vineyards
Country Club Drive and buffered from this roadway by a vegetated 50- to 65 -foot
varying width berm that extends from the property's asphalt access road on the east and
terminates on the adjacent parcel to the west. Owing to the location of this approximately
400 -foot long berm —which was constructed twenty years ago to buffer a water treatment
plant previously located on the site —and the irregular shape of the property, the
Page 1 of 4
VA- PL2009 -1460
January 15, 2010
Agenda Item No. 7A
January 26, 2010
Page 2 of 249
maintenance building is oriented in such a way that its southeastern corner sits a mere
15.4 feet from the abutting residential district to the south. (If the building were oriented
outside of the 50 -Foot setback yard, an cnorrnous swath of the berry: would have to be
excavated and its 20 years of established landscaping removed.) An existing asphalt golf
cart path is located within this proposed 15.4 -foot setback yard, and the future building
would be separated from the multifamily residences to the south by an overall distance of
approximately 55 feet, which area includes an existing eight -foot high masonry wall and
a mature, approximately 16 -foot tall Type B buffer. This buffer would then be augmented
by fourteen canopy trees in minimum, 10 -foot wide buffer strips on the northern side of
the existing golf cart path rather than immediately adjacent to the wall, as is normally
required. All other design standards for the proposed building and site would be met.
FISCAL IMPACT:
Approval of this Variance petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT PLAN (GMP) IMPACT•
Approval of this Variance would not affect or change the requirements of the GMP.
AFFORDABLE HOUSING IMPACT:
Approval of this Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this Variance.
ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION•
The EAC did not review this petition as they do not normally hear Variance petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION:
The CCPC heard petition VA -PL- 2009 -1460 on December 17, 2009, and voted 6 -3 to
forward this petition to the BZA with a recommendation of denial. The commissioners
opposed to the Variance stated that they believed the berm was a self- created hardship;
that it could be partially excavated to accommodate the building outside of the required
setback without collapsing or damaging the root systems of the trees on it; that the
building could be designed around the berm; and that the applicant did not demonstrate
the Variance requested was not the minimum needed. The commissioners who were also
opposed to the landscape Variance stated their belief that the "buffer zone" required by
the PUD was intended to be landscaped.
There were eight speakers who live adjacent to the proposed facility who spoke in
opposition to the proposed Variances at the CCPC hearing. Concerns were expressed
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VA- PL2009 -1460
January 15, 2010
Agenda Item No. 7A
January 26, 2010
Page 3 of 249
regarding the increased noise from the landscape maintenance equipment and tractors
that typically begin in the early morning hours. Other concerns were the increased light
pollution generated by the proposed facility and the view of the proposed maintenance
building from the second story residential units. Staff has also received a petition signed
by 52 residents of the Vineyards PUD and /or members of the Vineyards Country Club
who support the proposed Variances. Staff has also received one letter of support and
seven letters of objection from the general community, These items have been attached as
an appendix to this executive summary.
LEGAL CONSIDERATIONS:
The petitioner is requesting a Variance from the setback requirement of Ordinance No.
91 -75 and the landscape width requirement of LDC Subsection 4.06.02 C.1. The granting
of such Variances is permitted under LDC Section 9.04.02. The attached staff report and
recommendations of the Planning Commission are advisory only and are not binding on
you. All testimony given must be under oath. Petitioners have the burden to prove that
the proposed Variance is consistent with all the criteria set forth below, and you may
question the petitioners or staff to assure yourself that the necessary criteria have been
satisfied. Should you consider denying the Variance, to assure that your decision is not
later found to be arbitrary, discriminatory or unreasonable; the denial must be based upon
competent, substantial evidence that the proposal does not meet one or more of the listed
criteria below. Approval of this request requires three affirmative votes of the Board. In
granting any Variance, the BZA may prescribe appropriate conditions and safeguards in
conformity with the zoning code, including, but not limited to, reasonable time limits
within which action for which the Variance is required shall be begun or completed, or
both. Violation of such conditions and safeguards, when made a part of the terns under
which the Variance is granted, would be deemed a violation of the zoning code. -STW
Criteria for Variances
1. There are special conditions and circumstances existing which are peculiar to the
location, size, and characteristics of the land, structure, or building involved.
2. There are special conditions and circumstances which do not result from the action of
the applicant, such as pre- existing conditions relative to the property which is the
subject of the Variance request.
3. A literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
4. The Variance, if granted, will be the minimum variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of
health, safety, or welfare.
5. Granting the Variance requested will not confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in the
same zoning district.
6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Page 3 of 4
VA- PL2009 -1460
January 15, 2010
Agenda Item No. 7A
January 26, 2010
Page 4 of 249
?. There are natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf course, etc.
o Granting the Variance will be consistrut with the GMP.
The proposed Resolution was prepared by the County Attorney's Office and is sufficient
for Board action. -STW
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals approve Petition VA -PL- 2009 -1460,
subject to the conditions of approval below, which have been incorporated into the
attached resolution:
The Variances approved are limited to the 15.4 -foot setback requirement for the
maintenance building from the southern property boundary; and the relocated
southern perimeter landscape buffer depicted on the applicant's conceptual site plan
(Exhibit A), entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by
Coastal Engineering Consultants, Inc.; and as further restricted below.
2. The 10 -foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow the
minimum 10 -foot wide buffer to be set back away from the property boundary as
feasible rather than along it, as typically required.
3. The building's zoned height shall be limited to 15 feet.
4. All the plant materials required by the LDC for a Type A buffer, calculated to be 14
trees, shall be accommodated in the modified buffers, in locations to be approved by
the County Landscape Architect.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Zoning and Land Development Review
Page 4 of 4
VA- PL2009 -1460
January 15, 2010
Agenda Item No. 7A
January 26, 2010
Page 5 of 249
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 7A
Item Summary: This item to be heard at 1:00 p.m. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. VA- PL2009 -1460 Michel Saadeh of
the Vineyards Development Corporation is requesting a Variance of 34.6 feet from the
minimum 50 -foot setback requirement from abutting residential districts of Ordinance No. 91-
75 (the Vineyards PUD) to allow a 15.4 -foot setback for a maintenance building from an
abutting residential district; and a Variance from the 10 -foot wide buffer width requirement of
Land Development Code (LDC) Subsection 4.06.02 C.I. to allow all of the required plant
material to be located in separate 10 -foot wide buffer areas adjacent to the aforementioned
abutting residential district. The 1.21 -acre subject property is located at 400 Vineyards
Boulevard, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. CTS
Meeting Date: 1/2612010 9:00:00 AM
Prepared By
John -David Moss
Planner, Principal
Date
Community Development &
Environmental Services
Zoning & Land Development Review
12/29/2009 9:58:59 AM
Approved By
Ray Bellows
Manager - Planning
Date
Community Development &
Environmental Services
Zoning & Land Development Review
12/2912009 10:26 AM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
12/2912009 12:34 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
12/30/2009 8:35 AM
Approved By
William D. Lorenz, Jr., P.E.
Director- CDES Engineering Services
Date
Community Development &
Environmental Services
Engineering & Environmental Services
1/11/2010 11:01 AM
Approved By
Nick Casalanguida
Director- Transportation Planning
Date
Transportation Division
Transportation Planning
1/12/2010 1:02 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
111412010 8:57 AM
Agenda Item No. 7A
January 26, 2010
Page 6 of 249
Approved By
Jeff Klatzkow County Attorney Date
1/19/2010 2:59 PM
Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 1/19/2010 4:30 PM
Agenda Item No. 7A
January 26, 2010
AGENDA Ii��J-Q -8t 249
Corr County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: DECEMBER 17, 2009
SUBJECT: PETITION VA- PL2009 -1460, VINEYARDS MAINTENENACE
BUILDING
PROPERTY OWNER/AGENT:
Owner /Agent:
Michel Saadeh
Vineyards Development Corporation
75 Vineyards Boulevard
Naples, FL 34119
REQUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider a 34.6 -foot Variance from
the required minimum 50 -foot setback of structures from abutting residential districts, as
provided for in Subsection 6.03.01.11 of the Vineyards PUD, Ordinance No. 91 -75, to permit the
construction of a golf course maintenance building; and a 10 -foot Variance from the required 10-
foot wide landscape buffer of Subsection 4.06.02 C.1 of the Land Development Code (LDC) to
eliminate the buffer required immediately adjacent to a residential zoning district.
GEOGRAPHIC LOCATION:
The 1.21 -acre subject property is located at 400 Vineyards Boulevard, in Section 5, Township 49
South, Range 26 East, Collier County, Florida (see location map on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is seeking to permit the construction of an approximately 9,000 square -foot
storage/maintenance building at the Vineyards Country Club's golf course operations facility to
house lawn mowers, tractors and other golf course maintenance equipment. According to
Ordinance No. 91 -75, Subsection 6.03.01.11, however, any structures located within the "Golf
Course" designated areas of the PUD must be set back "a minimum of fifty (50) feet from
VA- PL2009- -1460, Vineyards Maintenance Building
November 30, 2009
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Agenda Item No. 7A
January 26, 2010
Page 10 of 249
abutting residential districts, and the setback area (must] be appropriately landscaped and
maintained to act as a buffer zone. " Because the proposed maintenance building would be
located in one of the development's Golf Course tracts and only 15.4 feet north of the Clubside
Reserve condominiums, a Variance of 36.4 feet is being requested for the southeastern corner of
the building. A Variance from the required 10 -foot buffer width is also being requested so that
the requisite plant material could be located on the northern side of the existing golf cart path
adjacent to the southern boundary rather than immediately along the southern boundary itself.
As shown on the Conceptual Site Plan on the preceding page, entitled, "Vineyards Storage
Facility Proposed Site Plan," prepared by Coastal Engineering Consultants, and dated October 2,
2009, the proposed building would be located 70.6 feet south of Vineyards Country Club Drive
and buffered from this roadway by a vegetated 50- to 65 -foot varying width berm that extends
from the property's asphalt access road on the east and terminates on the adjacent parcel to the
west. Owing to the location of this approximately 400 -foot long berm and the irregular shape of
the property, the maintenance building is oriented in such a way that its southeastern corner sits a
mere 15.4 feet from the abutting residential district to the south. Otherwise (if the required 50-
foot setback of the PUD were respected), an enormous swath of the berm would have to be
excavated and its 15 years of established landscaping removed. An existing asphalt golf cart path
is located within this proposed 15.4 -foot setback yard, and the future building would be
separated from the multifamily residences to the south by an overall distance of approximately
55 feet, which area includes an existing eight -foot high masonry wall and a mature,
approximately 16 -foot tall Type B buffer comprised of Queen and Pauroitis palms and Japanese
privet (see photo on page five). This buffer would then be augmented by fourteen canopy trees in
minimum, 10 -foot wide buffer strips on the northern side of the existing golf cart path rather
than immediately adjacent to the wall, as is normally required. All other design standards for the
proposed building and site would be met.
AERIAL VIEW OF SUBJECT PROPERTY
VA- PL2009- -1460, Vineyards Maintenance Building
November 30, 2009
Page 2 of 9
Agenda Item No. 7A
January 26, 2010
Page 11 of 249
SURROUNDING LAND USE & ZONING:
North: Vineyards Country Club Drive, then open space of the country club parcel, zoned
Vineyards PUD
East: The Vineyards Tennis and Swim Center, zoned Vineyards PUD
South: Multifamily housing, zoned Vineyards PUD
West: An existing golf course operations facility, zoned Vineyards PUD
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY•
The subject property is designated Urban-Mixed Use District, Urban Residential Subdistrict on
the Future Land Use Map (FLUM) of the GMP. Since the GMP does not address individual
Variance requests but rather focuses on the larger issue of the actual use, it should be noted that
this designation permits the proposed use.
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with and
complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the
Zoning and Land Development Review staff as part of their review of the petition in its entirety
to perform this compatibility analysis, as noted in the "Analysis" portion of this report, below.
Based upon the above analysis, staff concludes that the petetion may be deemed consistent with
the Future Land Use Element.
ANALYSIS:
Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant
Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03
A. through H., in bold font below, as general guidelines to assist in making a recommendation of
approval or denial. Staff has analyzed this petition relative to these provisions, and offers the
following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. As shown in the aerial photograph on the preceding page and in the photograph on the
following page, the 'site is unusually shaped and is transected from cast to west by an
approximately 15 -foot tall berm. Because this berm was installed about 20 years ago, its
planted vegetation, including mature trees, has become well established (see photo on the
following page). Desiring not to disturb this landscaping which, coupled with the berm,
completely obscures the view of the existing golf course operations facility from
Vineyards Country Club Drive to the north and provides attractive views from the
residential uses to the south, the applicant has accommodated the building on the site so as
to minimally impact the berm. As a result of this design approach, only a small portion of
the berm's toe would need to be removed and regraded, and most of the mature vegetation
would not be affected or need to be removed.
VA- PL2009- -1460, Vineyards Maintenance Buiang
November 30, 2009
Page 3 of 9
Agenda Item No. 7A
January 26, 2010
Page 12 of 249
b. Are there special conditions and circumstances, which do not result from the action
of the applicant such as pre - existing conditions relative to the property, which is the
subject of the Variance request?
Having been in place for approximately 20 years,
the berm is a pre - existing condition that
ity plant from view of the
properties to the north.
However, when the
Photo of the vegetated berm. Theproposed building would be located in
the foreground, where the dumpster and maintenance worker are shown.
development was
eventually connected to
the County's utility
system and the plant was
no longer needed, the site
was converted to golf
course uses. Therefore,
this situation is pre-
existing. The current
property owner, the
Vineyards Development
Corporation, was the
property owner at the time
that the berm was
constructed, however.
C. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
Yes. The subject property lies
course operations facility (shown
the proposed 150 x 60 -foot
building is the minimum size
needed to expand the use so
that expensive maintenance
equipment currently stored
outdoors could be kept indoors
and protected from the
elements. Since adherence to
the required 50- foot setback
would require the removal of a
significant portion of the
existing berm and its
associated tree canopy, which
staff would rather not see
removed), enforcement of the
required setback would create
practical difficulties for the applicant.
immediately to the east of the Vineyards' existing golf
VA- PL2009- -1460, Vineymds Maintenance Building
November 30, 2009
Page 4 of
Agenda Item No. 7A
January 26, 2010
Page 13 of 249
d. Will the Variances, if granted, be the minimum Variances that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. According to the applicant, the 36.4 -foot Variance
being requested would be the
minimum to make the proposed maintenance building possible. Because a golf course
operations facility has
operated just north of the
Clubside Reserve
condominiums since 1987
without any registered
complaints, and the most
impacted multifamily unit
would be approximately 55
feet away and buffered by
an eight -foot tall masonry
wall and an approximately
16 -foot Type B buffer
(shown right and below),
which would be augmented
with fourteen canopy trees
planted on the subject
property's side, staff
believes that the standards
of health safety and welfare would still be promoted if the Variance were approved. It
should also be noted that pursuant to LDC Section 4.02.01,
Table 2. 1, Table of Minimum
(Setback) Yard Requirements, the setback standards for golf course maintenance facilities
in the most comparable conventional zoning district, the Golf
Course (GC) Zoning District,
'
do not require any
minimum yard setbacks.
The only reason that the
setback standard for such
facilities in the
Vineyards PUD is 50
feet from residential
districts is because the
PUD allows building
heights in the Golf
Course designated areas
of the PUD to reach
three stories over
parking (or
approximately 40 -48
feet). Using this same
height -to- setback ratio,
the applicant's proposed
15 -foot tall building set back only 15.4 feet from the residential district opposite the site's
southern boundary would, therefore, be comparable. It should also be noted that the units of
VA- PL2009- -1460, Vineyards Mwntenanm Budding
November 30, 2009
Page 5 of
Agenda Item No. 7A
January 26, 2010
Page 14 of 249
the Clubside Reserve villas are oriented facing south, away from the proposed maintenance
building and towards a lake on their site. As a result, the only two truly affected units
would each have just one small, second -story dormer window with a view to the proposed
building, as shown in the photo below. Nevertheless, if the setback Variance were not
approved for the building, the petitioner would still have reasonable use of the land.
e. Will granting the Variances confer on the applicant any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same
zoning district?
Yes. By definition, a Variance bestows;' some dimensional relief from the zoning
regulations specific to a site. However, LDC Section 9.04.02 provides relief through the
Variance process for any dimensional development standard, such as the requested reduced
setback yard and relocated 10 -foot buffer yards. As such; other properties facing a similar
hardship would be entitled to make a similar request and would be conferred equal
consideration.
f. Will granting the Variances be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. The proposed Variance would allow the construction of additional storage space for
the golf course operations facility, which has been operating on the site for 20 years
without complaint. If the Variance were granted, the reduced setback yard would permit
approximately 1,500 square feet of the maintenance building to encroach into southern
setback yard. This encroachment would not be detrimental to the adjacent residential
properties due to the fact that the proposed building would only be 15 zoned feet in height
(16 actual feet at the very peak of its roof); located 55 feet away from the nearest
residential structure; and buffered by an existing eight -foot tall masonry wall and an
VA- PL2009 -1460, Vineyards MaintenanxBuilding
November 30, 2009
Page 6 of 9
Agenda Item No. 7A
January 26, 2010
Page 15 of 249
approximately 16 -foot tall Type B buffer, enhanced by a 10 -foot Type A buffer of canopy
trees. Furthermore, as previously noted, the setback yard of the GC Zoning District of the
LDC does not require any setbacks for golf course maintenance buildings and permits
maximum heights of 35 feet. Finally, the outdoor storage of golf course maintenance
equipment is already occurring on the site and could continue without restriction.
Therefore, the proposed building, if permitted, would actually mitigate the negative
aesthetic impact of this equipment by enclosing it indoors.
Location of the proposed
building,
as viewed from the
existing golf course
operations facility to the
west
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes, as noted above, the residences most affected by the requested Variance would be
separated from the maintenance building by a distance of approximately 55 feet, an eight -
foot wall and mature landscaping measuring approximately 16 feet high. The multifamily
units of the adjacent residential district are also oriented to the south, so that all but one of
their windows, which is located on the second floor, actually face away from the subject
property. Therefore, the visual and acoustical aspects of the golf course maintenance
building would be mitigated.
h. Will granting the Variances be consistent with the Growth Management Plan (GMP)?
Approval of this Variance petition would not affect or change the requirements of the
Growth Management Plan. As previously noted, the proposed use is permitted within the
land use designation of the GMP in which it is located.
ENVIRONMENTAL ADVISORY COUNCIL (EACI RE'
The EAC does not normally hear Variance petitions and did not hear this one.
VA- PL2009- -1460, Vineyards Maintenance Building
November 30, 2009
Page 7 of 9
Agenda Item No. 7A
January 26, 2010
Page 16 of 249
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report on November 25, 2009.
RECOMMENDATION:
Staff recommends that the CCPC forward petition VA- PL2009 -1460 to the Board of Zoning
Appeals (BZA) with a recommendation of approval, subject to the conditions of approval noted
in Exhibit C of the attached resolution.
VA- PL2009• -1460, Vineyards Maintenance Building
November 30, 2009
Page 8 of 9
PREPARED BY:
JOHN- ID MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
REVIEWED BY:
RAYM06VD V. BELL WS, ZONING MANAG
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
USAN MURRAY- ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
APPROVED BY:
J S fPH K. SCHMITT, ADMINISTRATOR
qOMMUNITY DEVELOPMENT &
IRONMENTAL SERVICES DIVISION
MARK P. STRAIN, CHAIRMAN
Agenda Item No. 7A
January 26, 2010
Page 17 of 249
DATE T'1
If`Z4 —Oq
DATE
11- .241-0,%
5A— TE
"//-z D
DATE
DATE
Tentatively scheduled for the January 26, 2009 Board of Zoning Appeals Meeting.
V.4- PL2009- -1460, Vineyards Maintenance Building
Agenda Item No. 7A
January 26, 2010
Page 18 of 249
WOODWARD, PIRES & LOMBARDO, P.A.
ATTORNEYS AT LAW
CRAIG P. WOODWAID
Baw!Qei el RcdEma
MARXJ.WODDWARD
December 11, 2009
ANTHONY B PIRES, JP-
B.WC=e.dGy;C=q'
,
and Lcca!G Nrc+x
TO: Collier County Planning Commissioners
J. CHRISPOFHER Lommwo
RE: PETITION VA- PL2009 -1480, VINEYARDS MAINTENANCE
STEVEN V. BLOUNT
BUILDING
CABBIE E IADEMnN
Dear Commissioners:
CARLO F7AMPOCNA
This law firm has been retained to represent the Clubside Reserve
JENNIFERLDEVRIES
Condominium Association, Inc. rClubside"] with regards to the above
JENNIFER M TENNEY
Variance Petition scheduled to be considered by the Planning Commission
at its December 17, 2009 meeting.
For a number of reasons, Clubside objects to the above Variance
Petition and requests that the Planning Commission forward this application
to the Board of County Commissioners with a recommendation of denial.
There is no legally recognizable hardship. Any hardship asserted
[and it is disputed that any exists] is solely self created by the
Applicant/Developer. The asserted special conditions peculiar to a parcel
cannot result from the actions of the Applicant. A self- created hardship can
not constitute a basis for any variance, or multiple•varlances. Granting the
requested variances for a maintenance facility and its attendant obnoxious
activities will be at the expense of the adjacent residential community.
The owner and Applicant is the original Developer of the Vineyards.
Any asserted hardship is self- created by the Applicant, resulting solely from
its development activities over the last 20+ years. The Applicant/Developer
REPLYTO:
created the berm. The Applicant/Developer created the unusually shaped
od 32oo TAMUMI TRAIL N.
parcel. All of the conditions peculiar to this parcel resulted from the actions
SUITE 200
NAPLES, FL 34103
of the Applicant/Developer. The ApplicantlDeveloper approved the Clubside
239.64
� p 9 community development with full knowledge of the PUD setback
239 -649 -7342 FAX 2FAX
requirements on the parcels to the north. These provisions are clearly
° `0G LLD SUITEE5 o
spelled out in Section 6.03.01 of the PUD. [See attached "A'I
P.O. BOXONE
MARCO ISLAND, FL34146
249- 394 -5161
239- 642 -6402 FAX
W W W WPL- LECALCOM
- 1 -
Agenda Item No. 7A
January 26, 2010
Page 19 of 249
Without providing any detail or support the Applicant/Developer has
asserted:
• a "need" for a 9,000 square foot golf course maintenance
building, in addition to the existing 12,000 square foot golf course
maintenance building on the adjacent parceltowned by the Country Club, to
house an undefined amount of maintenance equipment, which Includes
"landscape" maintenance equipment 2,3
a "hardship" based upon a desire to not remove an unstated
amount of a berm that only buffers the site from an existing driveway to the
North, which driveway leads to the existing clubhouse.
Contrary to the statement(s) in the Petition:
A. there is no "Golf Course Maintenance facility" on this parcel.
B. the subject property is not surrounded by a large berm on three
sides.
C. the existing berm and mature landscaping will not "shield this
proposed building from view in all directions ".
D. the existing berm and landscaping located on the North and
Northwest portion of this parcel does not hide the proposed maintenance
building from "all angles and views ".
E. the existing remnant berm is located to the North and Northwest
on the property and does not shield the Clubside owners from structures or
activities on the subject parcel. [see attached aerial photograph, "B" ].
F. the only property(ies) "shielded" or individuals or screened by the
remaining berm are a driveway leading to the Country Club, tennis courts
on the Country Club property, individuals in vehicles driving up to the
Clubhouse; possibly golfers; and, tennis players.
What is not stated or provided in the Petition:
A. the berm located on the property is the remnants of a much larger
berm constructed by the Applicant/Developer, for the purposes of buffering
adjacent properties from an initial Developer owned /operated utility
operation. [see 1985 aerial and attached survey associated with SDP 95-
055, "C -1 and C -2" ]. When the utility site was no longer needed, the
Developer converted the vast majority of the former utility site into a
residential community. That residential community is Clubside.
'The adjacent parcel is owned by the Vineyards Country Club, Inc. i "Country Club "] which in turn is
controlled by the Developer, Applicant
Z The Applicant has subsequently submitted a photograph depicting approximately 12 -14 pieces of
equipment See below.
S Clubside asserts that general "landscape maintenance equipment", not used for golf course
maintenance, cannot be stored or maintained on this site, as not being accessory to the golf course
operation.
-2-
Agenda Item No. 7A
January 26, 2010
Page 20 of 249
B. in developing the Clubside community, the Developer approved
removal/removed most of the berm [see attached plan from SDP -95 -055,
"C -3" ]. Based upon the Developer's plans prepared as part of SDP -9M55,
the remaining berm is approximately 60 -70 feet in width.
C. the only property(ies) shielded or screened by the remaining berm
are owned by the Country Club, controlled by the Applicant/Developer.
D. there is no support for the Applicant/Developer's bare assertion
that the "building size is needed ". When inquiry was made of County staff
as to the amount of equipment, etc. "needed" to be stored, ostensibly
necessitating a 9,000 square foot building, the Applicant provided a
photograph, see "D ", depicting approximately 12 -14 pieces of equipment
In addition to the above, we submit the following issues and
concerns with regards to the pending variance application:
A. Pursuant to the clear and unambiguous language of
Section 6.03.01 B) of Ordinance #91 -75 [the Vineyards PUD Ordinance]:
"Buildings shall be set bee,
abutting residential districts
zone.
However, the legal notice for the CCPC hearing states that the only
variance requested as to a buffer is for: "..a Variance from the 10 foot wide
buffer width requirement of Land Development Code (LDC) Subsection
4.06.02 CA.". Thus neither the Application or legal advertisement address
the separate, stand alone buffering requirement in the 50 foot setback area
contained within Section 6.03.01 B) of the Vineyards PUD.
B. The proposed site plan that accompanied the Petition dated
October 6, 2009 shows a substantial amount of asphalt paving within the
required 50 foot buffer zone, with no buffering along a substantial portion of
the southern property line. This is contrary to the requirements of Section
6.03.01.A. of the PUD requiring that "Overall site design shall be
harmonious in terms of landscaping, ...and location and treatment of buffer
areas ". As proposed, there is a large gap with no buffer on the subject site.
The burden is on the applicant to show that the requested variances
conforms strictly to the County's GMP, its elements, and objectives, as well
as the conditions for the granting of a variance outlined in the Land
Development Code (LDC).
This project as proposed with the requested variances is
incompatible with the existing adjacent residential Clubside community and
is not complementary to the existing adjacent residential Clubside
-3-
Agenda Item No. 7A
January 26, 2010
Page 21 of 249
community, as required by Policy 5.4 of the Future Land Use Element
[FLUE]. The project as proposed with the requested variances does not
qualify as °complementary" to the surrounding and abutting residential land
uses.
The Applicant has not shown that it could not build -a golf course
maintenance building on this property if made to comply with the setback
requirements. As the Staff Report states that if the variances were granted,
approximately 1,500 sq. ft. of the building will encroach into the southern
[i.e. adjacent residential project] setback area, the most the Applicant will be
impacted is that the Applicant would build a 7,5000 sq. ft. building versus a
9,000 sq. ft. building, a reduction in square footage of 17 %. This would
result in the total square footage of enclosed buildings at 19,500 sq. ft.
No variance from the buffering requirements should be granted.
Without full compliance with the buffering requirements, the Clubside
owners and residents will be adversely affected by activities in and around
a proposed maintenance building.
There may also be additional issues and possibly materials raised or
presented at the hearing not only by Clubside, but other residentstproperty
owners. As the Applicant/Developer controls the Country Club, here will
probably not be opposition to the variance application from the club or its
members.
We appreciate your consideration of my client's concerns and issues
with this pending Petition and request that the Planning Commission
forward this application to the Board of County Commissioners with a
recommendation of denial.
Enclosure(s)
Client
John David Moss
'lm
-I
AN ORDINANCE AMENDING ORDINANCE NUMBER 55 -15,
"RICK ESTABLISNEO TIRE VINEYARDS OF NAPLES
POD, AS AMEIDED, BY AMENDING THE TITLE FAGS)
BY AMENDING TES INDEX TO DELETE CERTAIN
SECTIONS] BY AMENDING THE LIST OF EXHIBITS
IDENTIFY TIES N
E TWO MABTZR DEVELOPMENT PLANS; 8i
AMENDING TEE STATEMENT OF CONPLIANCE TO i
REFLECT THE INCREASE IN TOTAL ACRIAGE FRON
1,925.4 TO 10930.18 ACRES, TO DELETE THE
RATING POINTS REQUSREM8NT AND TO ADD TIM
PROJRCT'S DESIGNATION AS BEING LOCATED IN
PART OF AN 2NTS =TE ACTIVITY CENTER; BY
AMENDING SECTION I, PROPERTY ONNCIUMP AND
GENERAL DESCRIPTION, TO CORRECT ERRORS IN TIRE
PREVIOUS LEGAL DESCRIPTION, TO REFLECT AN
INCREASE IN THE TOTAL ACREAGE, TO INCLUDE Tax
LEGAL DESCRIPTION OF THE ADDITIONAL 4.76 ACRE
PARCEL AND TO REFLECT THE CORRECT OWNERBNIP
OF THE PROPERTY; BY AMOING SECTION II,
PROTECT DEVELOPMENT, TO REPLACE OBSOLETE
LANGUAGE WITH CORRECT EONING CODE REFERENCES,
TO REQUIRE SITS DEVELOPMENT PLAN APPROVAL FOR
CERTAIN USER, TO MAUPY THE OPEN SPACE
REQUIRENEMT' TO,OELETE CONCEPTUAL /SITE PLAN
APPROVAL. TO DELETE THE ALTONANCE OF
AUTOMATIC SITE DEVELOPMENT PLAN APPROVAL, TO
DECREASE TER OVERALL NUMBER OF RESIDENTIAL
!KNELLING UNITS ON THE LAND USE SCHEDULE, TO
COMBINE THE R -1 AND R-2 DESIGNATIONS INTO A
NEW R DESIGNATION, TO COMBINE TAE CR AND CIC
DESIGNATIONS INTO A BEN CR DESIGNATION, TO
INCREASE CODMERCIAL SQUARE FOOTAGS.BY 140,000
SQUARE FEET; TO ADD A 120 -ROOM BOTELp"zi,
USE, TO UPDATS TIRE APPROXIMATE ACREAGES OF E,
V8, P, MAJOR RIGHTS -0F -4MY AND PUBLIC SERVICE
USES, TO INCREASE TBE TOTAL ACREAGE TO
REFLECT THE ADDITION OF 4.74-ACM, TO
DECREASE THE TOTAL NUMBER of RESIDENTIAL
UNITS AND TO DECREASE THE TOTAL NUMBER OF
WILLING SUITS PER GROSS ACRE, TO ELIMINATE
SUBSECTION 2.08 AND TO TRANSFER THAT
IMPUAMATION.TO SUBSECTION 3.02, TO CORRECT
SCRIVENER'S EUNORS IN THE M1EULOPMENT
REGULATIONS APPLICABLE TO CHORCNES, TO
SE43WATS SUBSECTION 2.10 AND TO TRANSFER
THOSE USES TO SECTIONS III, IV, V, VI AND VII
OF THE PUD DOCUMENT AS APPROPRIATE, TO
'CORRECT,SCRIVSNER'S ERRORS WITHIN THE SIGNAGE
SUBSECTION, TO ADD A SUBSECTION FOR
COMMERCIAL SIGNAGE EAST OF I -75, TO ADD A
REQUIREMENT FOR POLLING PLACES, AND TO
SLMINATE SUBSECTION 2.11.04, COMPARABLE
TABLE; BY AMENDING SECTION III, SINGLE- FAMILY
RESIDENTIAL, TO CHANGE TIRE MANE OP TEAT
SUBSEQUENT SECTIONS AN
ORDINANCE ACCORDINGLY;
de bbeaugh
deleted; wards MW
■ 045PA4"25
Agenda Item No. 7A
January 26, 2010
- Page 22 of ■
Agenda Item No. 7A
January 26, 22L10
S Page 23 of U9
29
EELOUCH TEBt
Section VXX, COW CODRSB, of the Planned Unit. Development
Doamant for The vineyards of Naples, Ordinance 95-15, as •'�
amended, is hereby amended to read as follows:
NONE W-
§'e'.01 PDRPOSm
The purpose of this section is to set forth the regulations
for the areas designated as Oolf Course.
A 4.02 PERMITTED Von$ AND BTROCTNAEs
No building or structure, or part thereof shall be erected,
altered, or used, or land or water used, In whole or in
'part, for other than the following=
A) Permitted Principal Oses and Structures
1) Galt Course
2) Model homes, sales canters, signs and temporary
development /construction offices shall be
permitted in conjunction with the promotion of the
development.
1) Commercial excavation subject to Section g.02 D1
U. _ _
s) Permitted Accessory Bass and structures
1) Clubhouses, pro shop, practice driving
range,
rsstreom facilities and other,oustomaryaesory
uses of golf courses, or other recreational
facilities.
2) Small commercial establishments, including gift
shops, golf squippmmont sales, restaurants, cocktail
lounges, and &in lar uses, intended to exclusively
Words a6r&mals kblawg ar l g j wo da derlinad are added.
!� fAGC � •ln_
Agenda Item No. 7A
January 26, 2010
i Page 24 ofF49
ao
serve patrons of the golf course or other
permitted recreational facilities, subject to the
provisions of the applicable supplementary
regulations of the Zoning Ordinance.
Z) shuffleboard courts, tennis courts, swimming
pools, and other types of facilities intended for
outdoor recreation.
4) Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including but not limited to utility structures,
water management facilities, etc.
5) A maximum of two (2) residential units in
conjunction with the operation of the golf *ours&
as determined to be compatible with the adjacent
zoning as determined by the Administrator.
c) Plan Approval Requirements
A wits plan of the golf course and its related
facilities shall be submitted in accordance with
Section 3.05 of this document. The perimeter
boundaries of such plena shall be recorded in the mama
manner as a subdivision plat either before or alter
construction.
I 68���LOFdtrS�tEmDta'�'FQ
No
MV
EW M44907"
s d-" "locsti _ atmen
6Y ^aresw.
W
section VIII, RECREATION AND OPEN SPACE \PAR&, of the Planned
Unit Development Document for The vineyards of Naplas, ordinance
85 -15, as amended, is hereby amended to read as fellowst
® LT45rtzt354
• Words sbinek- bhrewgh are deleted; words underlined are added.
A. :. . '
Agenda Item No. 7A
January 26, 2010
Page 26 of 249
1995 AERIAL SHOWING BERM AROUND
FORMER UTILITY SITE
EXHIBIT
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Agenda Item No. 7A
January 26, 2010
Page 27 of 249
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Page 28 of 249
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Anthony,Pires
From:
MossJohndevid PohndavidMoss@ooAlergov.net]
Sent:
Wednesday, December 02, 2009 8:15 AM
To:
Anthony Pines
cc:
Samoset24Caol.00m
Subject:
RE: FOLLOW UP: PETITION VA- PL2009 -1460
Attachments: equip.pdf
eQUIP•Pdf (236 KB)
Tony,
Agenda Item No. 7A
January 26, 2010
Page 30 of 249
Mr. Saadeh did provide me with a pic of the equipment. it is not digital, so I have scanned and
attached it.
m
--- Original Message —
From: Anthony Pires fmailto:APires @wpl- legal.com]
Sent: Wednesday, December 02, 2009 7:05 AM
To: MossJohndavid
Cc: Samoset24 @aol.com
Subject: FOLLOW UP: PETITION VA- PL2009 -1460
Good morning JD. Please see the attached, highlighted excerpts from prior emails. Please advise as
to status of receipt of the referenced photographs and revised application.
Thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 -649 -6555 Phone
239 -649 -7342 Fax
apires@wpl- legal.com
Firm Website: www.wpl- legal.com
This transmittal and /or attachments may be a confidential attomey- client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error, any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error,
please notify us immediately by reply or by telephone (call us at
239 - 649 -6555) and immediately delete this message and all its attachments.
Agenda Item No. 7A
January 26, 2010
Page 31 of 249
6105 Reserve Circle #2104 Naples, FL 34119
(239) 352 -7497 jwcane @enw- itd.com
12 December 2009
Collier County Planning Commission
3301 E. Tamiami Trail
Naples, FL 34112
Reference: Petition VA- PL2009 -1460, Vineyards Development Corporation
( "VDC) request for Variance
Ladies and Gentlemen of the Commission:
We have been residents of Clubside Reserve at the Vineyards for nearly 12 years.
Our home on the north side of the community is located immediately adjacent to
the property that is the subject of the referenced Petition. Please refer to the
attached diagram for detailed location information.
In a letter dated 24 November, 2009 (attached), VDC stated that the requested
variances were needed "..An an effort to keep the existing berm and mature
landscaping... undisturbed ". It is our understanding that the existing bean is
nothing more than debris from grading of adjacent land areas during
development of The Vineyards, and planted with ground cover and a species of
fast - growing tree to stabilize the soil. The berm is simply man -made, created by
the developer. We fail to understand why the proposed building cannot be
located closer to the base of said berm, rather than in the proposed location close
to our homes.
In a meeting on December 9, 2009, a representative of VDC actually made
statements that would have us believe that locating the proposed building closer
to our privacy wall would actually reduce the level of any noise created by
activities planned to take place in the building.
The Petition also requests a variance to modify the requirement for a landscape
buffer. VDC has been operating the existing maintenance facility without any
buffering. If such is required, we request that steps be taken to enforce the
requirement by installation of buffer vegetation on the north side of the wall.
Because we believe that the requested variance will adversely affect our property
values, we would urge you to recommend that:
a) The Petition be denied;
Agenda item No. 7A
January 26, 2010
Page 32 of 249
b) VDC be required to install vegetation buffers as in accordance with
existing County regulations;
c) Any new buildings in the area be located to maximize separation from our
community, and be designed to provide maximum possible shielding
from noise.
VDC has not been a good neighbor. Some of us are regularly awakened by the
sounds of work in the maintenance area, usually beginning at about 6:00 am. Our
street and driveway were once impacted by debris projectiles being thrown over
the adjoining wall during removal operations by VDC. We believe that these
behaviors should not be rewarded with any special considerations by the
County. Placing the additional building in such close proximity to our
community will only make a bad situation worse, If allowed to proceed, the
building should be designed to shield our neighborhood from noise to the
maximum practicable extent.
Thank you for giving this matter your consideration. Please contact us if you
have any questions.
Sincerely,
John W. Cane Sally S. Cane
Enclosures
cc:
John -David Moss, AICP
Ellen Watts
Agenda Item No. 7A
January26, 2010
Page 33 of 249
0 SECOND NOTICE (Revised)
Vie c�.s
November 24, 2009
Dear Property Owner:
Please be advised (hat Vineyards Development Corporation has made a formal application to
Collier County (Application VA- PL2009.1460) for the following two variances in order to
construct a mainteaanoe/storage building at die existing Vineyards Country Club golf course
maintenance facility site:
t. A Variance from the minimum 50 -foot setback requirement from abutting residential
districts of Ordinance No. 91.75 (the Vineyards PUD) to allow a 15.4 -foot setback for the
maintenance building; and
2. A Variance from the 10 -foot wide buffer width requirement of Land Development Code
(I,DC) Subsection 4.06.02 C.1 to allow the required plant material to be located in 10-
foot wide buffer areas near the abutting residential district.
The 1.21 -acre subject property is located at 400 Vineyards Boulevard, in Section R. Township 49
South, Range 26 East, Collier County, Florida.
As you know, the original maintenance facility was constructed in 1987 -1988 and has been
operational since. The Variances requested are needed to simply construct the building closer to
our shared privacy wall in an effort to keep the existing berm and mature landscaping on the
subject silt undisturbed. Tlic proposed building would otherwise comply with all other County
regulations.
This notification hitter is being sent to provide you an opportunity to become fully swan of our
intentions. Should you have any questions, pleas t, feel free to contact us by phone, or you can
make an appointment to visit our offices at 75 Vineyards Boulevard and view a copy of the plans
and share your thoughts.
( /S`in cere`llfy,
^
MICE'," President id-
11
vloeyards Devalopmeet Corporatloa
73 vineyards Boulevard, Saito 300
Nopla, Florida 341194748
(239) 304 -3470 • Fsr: (239) 304 -3475
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Mr, John -David Moss, AICP
Principal Planner
Collier County Planning Commission
2800 North Horsehoe Drive
Naples, F134104
Agenda Item No. 7A
January 26, 2010
Page 35 of 249
6115 Reserve Circle # 2003
Naples, Fl. 34119
December 9, 2009
RECE1V9D
DEC 15 2009
Dear Mr. Moss: Re: Petition: VA -PL 2009 -1460 ZONING DEPARTMENT
As a new resident of Club Reserve in unit # 2003 at 6115 Reserve Circle as of 9/30/08, I
am the CLOSEST RESIDENT to this proposed new building. Thus I am the most
adversely impacted by the noise and the sight of the new building from my second floor
unit. The top of the new building at 15 feet will be visible above the current tree line.
In the past two days I have made three separate visits to view the site. There are two three
foot sticks with blue ribbons attached in the ground at the edge of the berm. Today I
measured the distance from the sticks to the wall which separates the yard from CR.
From the first stick located near the entrance to the facility it measured 135 feet to the
wall that is painted white. Midway between the two sticks it measured 101 feet. The
measurement from the second stick to the point where the wall starts to bend is 70 feet.
In my opinion there is plenty of room to move this building closer to the entrance and
therefore further away from the wall without disturbing the berm whatsoever. According
to Robert Rodgers, V.P. and General Counsel, of the Vineyards Development Corp, the
prime reason for locating the building so close to the wall is to not disturb the berm.
The building is 150' long and 60 ` wide. I would urge you and other commissioners to
view the site in person before making a ruling on their petition for a variance. If the
petition is granted in the current location, the VDC should be forced to increase the
foliage on the Club Reserve side of the wall to hide the new building completely.
Since I lost my wife of 49 years to a stroke eighteen months ago, I have a family friend
who stays in the middle bedroom. Sadly she is awakened almost every morning around
6:00 AM when the yard opens for business. This noise will only get worse with the
location of the new building. Please force them to move it back and add foliage.
1 WOULD APPRECIATE THE OPPORTIJNIT'
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Agenda Item No. 7A
January 26, 2010
Page 37 of 249
December 15, 2009
COLLIER COUNTY PLANNING COMMISSION MEMBERS: Robert Murray, Karen
Homiak, Brad Schiffer, Donna Reed, David Wolfley, Robert Vigliotti, Tor Kolflat, Paul
Midney
SUBJECT: Vineyards Variance VA- PL2009 -1460
Ladies and Gentlemen:
As residents of Clubside Reserve at the Vineyards we strongly oppose the variance being
requested in the VineyardsVariance VA- PL2009 -1460.
We strongly believe that the variance would be detrimental to the quality standards of our
Community, The size and height of the building would certainly effect our property
valuation, substantially increase noise levels by activity within the building and continual
use of the equipment that will be stored and maintained in the proposed additional
building Robert encroaching the Clubside Reserve property line. This would change the
quality of life that we have enjoyed for the past thirteen years.
We respectfully ask that you do not approve the variance.
Thank you for your consideration.
Lila M. Facciolo
Sebastian A. Facciolo
6185 Reserve Circle #1403
Naples, Florida 34119
Agenda Item No. 7A
January 26, 2010
Page 38 of 249
MossJohndavid
From: John Jackson Uacksonid� embargmail.comj
Sent: Tuesday, December 15, 2109 8:08 PM
To: MossJohndavid
Cc: samoset24@aol.com
Subject: VINEYARDS VARIANCE VA- PL2009 -1460
Reference is hereby made to the subject Variance request which is based on the construction of a
sizeable maintenance building in close proximity to a quiet residential community, namely Clubside
Reserve. This variance, if approved, would be considered favoring the Vineyards Country Club at the
expense, annoyance, and inconvenience to numerous Clubside Reserve condominium residents and,
hence our community as a whole. The variance is unnecessary since the proposed building can be
located on adjacent and available land on the same site with minimal adjustment to the site and,
hence, without the need of the variance as requested. Granting of this variance would be an
indication that the interests of the residents of our community are not being properly considered. It is
requested that the Planning Committee members carefully review the dimensions of the available
work site from which it can be seen that there is ample space available for the project without the
need to bring it within 15.4 ft of our boundary wall and without the need to violate the serenity of our
community. Principle issues of concern include noise from maintenance activities, noise from transfer
of equipment, odor from fuel storage, fire hazard from stored fuel, and the lights on a building at night
that would be visible to numerous of our residents. Our community requests fair consideration to our
serious concerns on these issues together with our added concern of the impact on our property
values. We trust this variance will be denied.
John & Vivien Jackson
6145 Reserve Circle, #1704
Naples. FL 34119
Agenda Item No. 7A
January 26, 2010
Page 39 of 249
MossJohndavid
From: tomroets @charter.net
;ent: Tuesday, December 15, 2009 4:32 PM
To: MurrayRobert; KarenHomiakQ @coiliergov.net; BradShiffer @colliergov.net;
ReedCaronDonna; WolfleyDavid; VighottiRobert; Norskitor @aoi.com;
pmidneyQ @colliergov.net; StrainMark; MossJohndavid
Cc: Samoset24 @aol.com
Subject: Vineyard Variance PL -2009- 1460
As a resident property owner in Clubside Reserve I wish to obiect to the proposed variance
request from the Vineyards Club. I have walked the area in question and it is clear to me that
there is sufficient room on the existing property owned collectively by the various Vineyard
corporations to erect the building in question. There is no need to infringe on the properety
rights of the Clubside Reserve residents. Mr. Procacci and Mr. Saddah (the variance requesters)
are both residents of Terricina which is the "high rent" sub - division of the Vineyards
community. I would suggest to you that they would not be in favor of having this variance as a
part of their front or back yards.
While the building itself is not in question today, it is however the basis for the variance
request. It is our understanding that the Vineyards wishes to store their golf maintainance
equipment inside. Based on a review of the equipment in question it woud apperar that there is
already sufficient space. This leads to the question of what really is going to go into the new
building. There is some suspicion that the equipment that is used by Pro Tree Farms (A
Vineyard landscaping company) will now be stored there. Whether this fits the current PUD for
the property is a question.
The residents of Clubside request that you look unfavorably on the variance request.
Sincerely,
Tom and Joan Roets
6170 Reserve Circle 4103 - (Phone #239 - 353 -3563)
ETA
Agenda Item No. 7A
January 26, 2010
Page 40 of 249
MossJohndavid
From: ramjet40 [ramjet40 @aol.comj
Sent: Tuesday, December 15, 2009 1:35 PM
To: MurrayRobert; HomlakKaren; SchifferBrad; ReedCaronDonna; WoifleyDavid; VigliottiRobert;
norskitor @aol.com; pmidney @colliergov.net; StrainMark; MDSSJohndavid
Subject: Not in Agreement
Although the board of directors of Clubside Reserve at the Vineyards has taken the position of being against the
Vineyards Variance -VA -Pt 2009 -1460, not all residents at Clubside are in agreement with that position. The petition being
circulated by the board does not currently represent a majority of the 84 units. Ronald E. Ramstedt -- Unit 1603 in
Clubside Reserve.
Agenda Item No. 7A
January 26, 2010
MossJohndavid Page 41 of 249
From: tdgoss @aoi.com
esnt: Tuesday, December 15, 2009 11:49 AM
To: undisclosed - recipients
Subject: Variance
We are writing to ask you to please deny the request for VarianceVA- PL2009 -1460.
As residents of Clubside Reserve we feel it would negatively effect our property.
Being our representatives, we hope you will consider the homeowners objections when the
matter comes to a vote.
Thank you,
Dick and Tina Gosselink
6220 Reserve Circle #602
MossJohndavid
From:
patricia palmer [patjpalmer@gmail.coml
Sent:
Wednesday, December 16, 2009 11:32 PM
To:
MossJohndavid
Subject:
Vineyards Variance - VA PL2009 - 1450
Dear Mr. Moss:
Vineyards Variance VA- PL2009 -1460
Agenda Item No. 7A
January 26, 2010
Page 42 of 249
As owners of Unit #1003 at Clubside Reserve in the Vineyards, we are writing to express our opposition to
Variance Request Va- PL2009 -1460. We have a number of reasons for our position and an explanation of them
follows:
The housing recession has lowered our property values considerably. A maintenance building within 16
feet of our community is an additional serious threat to our values. The 50 foot setback was established
to protect ourcommunity and home values from development and intrusions such as noise, lights and
odors that would be the result of this building being 15.4 feet from us.
2. The noise factor: The parade of maintenance vehicles past our building every morning - before dawn
some months — already intrudes on our lives. Erecting another maintenance building so close to us will
only exacerbate thiis annoyance. Units closer to the actual site will suffer still greater noise as vehicles
prepare to depart and arrive back later in the day. One need only imagine the inevitable ding - dinging of
vehicles in reverse just outside your window to know that placing a building so close to us would have
an extremely negative impact.
3. The light factor: Preparation for the day's work begins very early — often before dawn. The lights
needed in and around this building, were it to be erected within 16 feet of us, would definitely have a
negative impact on our community.
4. The odor factor: It goes without saying that mechanized vehicles expel exhaust that spreads odors over
a considerable distance and tends to linger. Again, the morning preparations and moving of numerous
vehicles during the day will cause odors to permeate our community to our detriment if this building
were to be built so close to us.
Agenda Item No. 7A
January 26, 2010
Finally, the owner does not need to build this building so close to our community.The only iar sitip4&t
the owner encounters is self - imposed, tneretore, the variance should not be granted.
Unfortunately, we are not able to attend the hearing and, therefore, can only make our feelings known via this
e -mail. We appreciate your attention to this matter. It is of great importance to us and our neighbors.
Sincerely,
Charles C. Palmer
Patricia J. Palmer
Pat Palmer
73 Hillside Drive
Wayland, MA 01778
PHONE: 508- 276 -1028
EMAIL: patipalmerAgmail.com.
FLORIDA
6080 Reserve Circle
Jnit 1003
Naples, FL 34119
PHONE: 239455 -1696
Agenda Item No. 7A
January 26, 2010
Page 44 of 249
MossJohndavld
From:
wiiliam graebe [wgraebe @yahoo.00m]
Sent:
Wednesday, December 16, 2009 9:10 PM
To:
MossJohndavid
Subject:
VA- PL2009 -1460
Dear Mr. Moss:
The above captioned variance should be disallowed. Building codes have been established for good reason.
Let's not let politics get in the way of the variance. I live in the Vineyards and feel that the structure in question
should remain within the current code.
Very truly yours,
William S. Gaaebe
6080 Reserve Circle #1004
Naples, FL 34119
Agenda Item No 7A
January 6, 0
Pag 4 4
PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
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Agenda Item No. 7A
January 26, 2010
Page 46 of 249
PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
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Agenda Item No. 7A
January 26, 2010
P ge 4 of 249
PETITION `y ? IA
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has, been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
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Agenda Item No. 7A
January 26, 2010
Page 48 of 249
PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
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Agenda Item No. 7A
January 26, 2010
Page 49 of 249
PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club,
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Agenda Itpeem Nyy''7A
J a}y u py, 2010
of 249
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PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested In order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
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Agenda Item No. 7A
January 26,2010
Page 51 of 249
PETITION
We, the undersigned residents of the Vineyards and /or members of Vineyards County
Club, are aware that Vineyards Development Corporation and Vineyards Country Club
have requested a variance from the setback requirement from the adjacent property of
Clubside Reserve to construct a maintenance building. It is our view that it is a much
better plan to get the variance than to disturb the existing buffer and we are in support
of same. To deny the variance would be a great detriment to the Vineyards Community
as well as the Vineyards Country Club. We support this request and respectfully
request that you approve same. The variance is requested in order to avoid removing
an existing berm and mature vegetation that has been in place for over 22 years. The
berm currently buffers the existing maintenance facility from all neighboring properties
particularly Vineyards Country Club.
Si tore
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Clifier County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
Agenda Item No. 7A
January 26, 2010
Page 52 of 249
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 643 -6968
• 3 r •
DISTRICT)
PROJECT NUMBER
PROJECT NAME To be completed by staff
DATE PROCESSED
NAME OF APPLICANT(S) VINEYARDS DEVELOPMENT CORP.
ADDRESS 75 VINEYARDS BLVD., NAPLES, FL 34119
TELEPHONE # 353 -1551 CELL # 825 -5959 FAX # 304 -3475
E -MAIL ADDRESS: MICH ELSAADEHONIN EYARDSNAPLES. COM
NAME OF AGENT MICHEL SAADEH
ADDRESS 75 VINEYARDS BLVD., NAPLES, FL 34119
TELEPHONE # 353 -1551 CELL # 825 -5959 FAX # 304 -3475
E -MAIL ADDRESS: MICHELSAADEH VINEYARDSNAPLES.COM
Legal Description of Subject Property: _
Section/Township /Range &49/26 Property I.D. #: 80673640008
Subdivision: VINEYARDS Unit ONE Lot: _ Block:
Metes & Bounds Description: A PORTION OF TRACT U
Acreage: 1.21 ACRES
Address of Subject Property (If different from Petitioners address): 400 VINEYARDS BLVD.,
NAPLES, FL 34119
BE ,AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.
GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE
WITH THESE REGULATIONS.
Agenda Item No. 7A
f January 26, 2010
ye C014,Kty Page 53 of 249
COLLIER COUNTY GOVERNMENT •• 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW,COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the Board of
County Commissioner's website at http:// www .collieraov.net /Index.asaxZoage =774
NAME OF HOMEOWNER ASSOCIATION: VINEYARDS COMMUNITY ASSOCIATION
MAILING ADDRESS 75 VINEYARDS BLVD, CITY NAPLES STATE FL ZIP 34119
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY _ STATE _ ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY STATE _ ZIP
NAME OF HOMEOWNER ASSOCIATION: _
MAILING ADDRESS CITY _ STATE _ ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY _ STATE _ ZIP _
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY _ STATE _ ZIP
Minimum Yard Requirements for Subiect Property:
Front: 50'
Corner Lot:
Yes ❑ No
Side: NIA Waterfront Lot: Yes ❑ No
Rear:
Zoning
Land Use
N
GOLF COURSE
GOLF COURSE
S
RESIDENTIAL
RESIDENTIAL MULTI - FAMILY
E
GOLF COURSE
GOLF COURSE
W
GOLF COURSE
GOLF COURSE
Minimum Yard Requirements for Subiect Property:
Front: 50'
Corner Lot:
Yes ❑ No
Side: NIA Waterfront Lot: Yes ❑ No
Rear:
kr County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
W W W.COLLIERGOV.NET
Agenda Item No. 7A
January 26, 2010
Page 54 of 249
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 643-6968
Provide a detailed explanation of the request including what structures are existing
and what is proposed; the amount of encroachment proposed using numbers, i.e.
reduce front setback from 25' to 18',- when property owner purchased property;
when existing principal structure was built (include building permit number (s) if
possible); why encroachment is necessary; how existing encroachment came to be;
etc.
For projects authorized under LDC Section 9.04.02, provide detailed description of
site alterations, including any dredging and filling.
mnintennnce and eauiament storage which includes mowers tractors golf course and
Please note that staff and the Collier County Planning Commission shall be guided in their
recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall
be guided in its determination to approve or deny a variance petition by the below listed
criteria (1 -8). (Please address these criteria using additional pages if necessary.)
1. Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure, or building involved.
The existing berm and mature landscaping will shield this proposed building from view
in all directions To avoid encroaching on the required setback you will have to destroy the
berm and the vegetation which makes no sense and serves no purpose. Even with the
requested setback reduction there is no negative impact whatsoever to the neighboring
property. The some number of trees required will be planted to serve as a buffer along the
south.
2. Are there special conditions and circumstances which do not result from the action of the
applicant such as pre- existing conditions relative to the property which is the subject of
the variance request.
SAME AS ITEM 1
w,
t
Col er County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
W W W.COLLIERGOV.NET
Agenda Item No. 7A
January 26, 2010
Page 55 of 249
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 6436968
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties on
the applicant.
Yes The setback requirements are intended to create a proper buffer with the adiaceni
property. The existing buffer (8' concrete wall and landscaping) has been in place over 15
gars The proposed building does not change any of the existing conditions or uses.
4. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety or welfare.
Yes The proposed building needs to house most of the equipment currently stored in
the open Economic conditions dictate owning vs. leasing; therefore, equipment must be
owned /kept for much longer periods of time which will necessitate storing the equipment vs
leavina it out in the open. The proposed building size is needed, and the requested
variances are adequate to promote the public welfare.
5. Will granting the variance requested confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the
same zoning district.
No. None of the existing conditions or uses will be changed. The existing buffers
(berm and wall) are better kept in place The buffers work properly now and protect the
views from all adjacent and neighboring parcels, If the berm gets disturbed, it will have a
negative impact on adiaceni properties The new buffer will protect views from the south
6. Will granting the variance be in harmony with the intent and purpose of this zoning
code, and not be injurious to the. neighborhood, or otherwise detrimental to the public
welfare.
Absolutely. The best interest of everyone is protecting the existing berm and all the
vegetation that has been planted on the berm for over 20 years. The new vegetation
proposed with the landscape variance will protect condos to the south.
God r County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
W W W.COLLIERGOV.NET
Agenda Item No. 7A
January 26, 2010
Page 56 of 249
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 643 -6968
7. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf course, etc.
The man -made berm and landscaping that has existed for more than 20 years. It
provides a great buffer and hides the existing and proposed maintenance facility from all
angles and views.
8. Will granting the variance be consistent with the growth management plan.
Yes because none of the existing lawful conditions or uses are altered or changed.
9. Official Interpretations or Zoning Verifications: To your knowledge, has there been
an official interpretation or zoning verification rendered on this property within the last
year? ❑ Yes ❑ No
If so, please provide copies.
Agenda Item No. 7A
January 26, 2010
Page 57 of 249
RESOLUTION 10-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER
VA- PL2009 -1460, FOR A VARIANCE TO ALLOW A 15.4 FOOT
SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING
RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE
10 -FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTION
4.06.02 C.1 ON PROPERTY LOCATED AT THE VINEYARDS PUD AS
HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on
all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance
No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of
the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in
said regulations made and provided, and has considered the advisability of a variance from the minimum 50
foot setback requirement from abutting residential districts of Ordinance No. 91 -75, as amended (the
Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from an abutting residential district
and a variance from the required 10 -foot wide buffer requirement of Land Development Code Section
4.06.02 C.1 to allow all of the required plant material to be located in separate 10 -foot wide buffer areas
adjacent to the abutting residential district within the Vineyards Planned Unit Development (PUD), as shown
on the attached Exhibit "A ", in the.Vineyards PUD Zoning District for the property hereinafter described,
and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning
Regulations of said Land Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
VA- P12009 -1460
Rev. 1217109 1 of 2
Agenda Item No. 7A
January 26, 2010
Page 58 of 249
Petition Number VA- PL2009 -1460 filed by Michel Saadeh on behalf of Vineyards Development
Corp. with respect to the property hereinafter described in Exhibit "B ", be and the same is hereby approved
for a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance
No. 91 -75, as amended (the Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from
an abutting residential district and a variance from the LDC Section 4.06.02 C.1 10 -foot wide buffer
requirement to allow all of the required plant material to be located in separate 10 -foot wide buffer areas
adjacent to the residential district, as shown on the attached Exhibit "A ", in the zoning district wherein said
property is located, and subject to the conditions found in Exhibit "C ". Exhibits "A ", `B" and "C" are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this day of
2010.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: BY:
Deputy Clerk , Chairman
Approved as to form and
legal sufficiency:
Steven T. Williams 6V -'b9
Assistant County. Attorney IT
Attachments: Exhibit "A" — Site Plan
Exhibit `B" — Legal Description
Exhibit "C" - Conditions of Approval
09- CPS- 00986/25
VA- PL2009 -1460
Rev, 1217109 2 of 2
January 26, 2010
Page 59 of 249
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January 26, 2010
Page 60 of 249
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CEC Fif t.140. 09x08a
DATE OF SIONMOE: /0' OF w`lp
Phone 1239) 643.2324 POA (2.39) dA3.1 143
31o4 S. Dele. NO.Plft, Plorldo �4104-6137
Agenda Item No. 7A
January 26, 2010
Page 61 of 249
CONDITIONS OF APPROVAL
VA- PL2009 -1460
November 30, 2009
Staff recommends that the CCPC forward Petition VA- 2008 -AR -13977 to the Board of
Zoning Appeals (BZA) with a recommendation of approval, subject to the following
conditions:
1. The Variances approved are limited to the 15.4 -foot setback requirement for the
maintenance building from the southern property boundary; and the relocated
southern perimeter landscape buffer depicted on the applicant's conceptual site plan
(Exhibit A), entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by
Coastal Engineering Consultants, Inc.; and as further restricted below.
2. The 10 -foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow the
minimum 10 -foot wide buffer to be set back away from the property boundary as
feasible rather than along it as typically required.
3. The building's zoned height shall be limited to 15 feet.
4. All the plant materials required by the LDC for a Type A buffer, calculated to be 14
trees, shall be accommodated in the modified buffers, in locations to be approved by
the County Landscape Architect.
EXHIBIT C
Agenda Item No. 7A
January 26, 2010
Naples Daily News a b�nday, January 10, 2010 a $1D Page 62 of 249
NOTICE OF INTENT TO CONSIDER RESOLUTION,
Notice . is hereby . given that the Board of County Commissioners, as the Board of
A RESOLUTION OF
DA, RELATING TO
LOW A 15,4. FOOT
109
ideh of the Vineyar
yu, . M W.n. - .�. ..
to the aforementioned abutting reskdeM aT.district The L2"cre wb�ect propert yy. .
is krcated at 400 Vineyards Boulevard, in Section 5, Township 49 Sol%, Range 26.
East. Collier County: Florida. , -
,tfpgl, ,Fa,, u.
A copy, of the proposed Resolution 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 Administrator prior to presentation of the agenda item to be addressed. In-
dividual speakers will be limited. to 5 minutes on any Rem: The selection of an indl-
vidual to speak on behalf of an organization qr group is encouraged. If recognized
by the 'MP is for a group: or organization: may be allotted 10 min-
utes 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 pLbr to the `reseect Lve
Board shall be submitted' to the appropriate County:stntt a minimum of seven days
Mom:the public hearing. All material used in preskentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need arecord of the
proceedings pertainin thereto and therefore, may need to ensure that verbatim
record of the proceedings is made which record Includes the testimony and evi-
dence upon which . the appeal is based.
If you are a person with disability who needs'any accommodation In order to par-
ticipate in this proceeding, you are entitled, . at no cost to you, to the provision of
- certain assistance.' Please contact the Collier Counttyy Facilities Management Depart-
ment,` located at 33DI Tamiami Trail East, `Building W; Naples,' Florida 34112,
(239)252-8380; Assisted listening devices for the hearing impaired are available in
the County tommissioners' Office. "
BOARD OF COUNTY COMMISSIONERS I '
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA CHAIRMAN - -
FRED COYLE, VICE- CHAIRMAN,
DWIGHT E. BROCK, CLERK:, -
By: Martha Veigara, Deputy Clerk
(SEAL)
Januarvl0 2010 - 'No.1933128
A G
EXCERPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
December 17, 2009
LET IT BE REMEMBERED, that the Collier County
Planning Commission, in and for the County of
Collier, having conducted business herein, met on
this date in REGULAR SESSION in Building "F" of the
Government Complex, East Naples, Florida, with the
following members present:
Mark Strain, Chairman
Donna Reed -Caron
Karen Homiak
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David J. Wolfley
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CHAIRMAN STRAIN: Everybody please take your
seats, we're going to try to announce something
about our schedule that may help some of you here.
Because we have two groups of people that I know of
here today, one of course is Naples Bath and Tennis
and the other is Clubside, in Vineyards, and I know
you both are probably as impatient to hear this as
we're trying to get to hear it, so I want to ask,
first of all, the applicant I guess for the
Vineyards, Mr. Saadeh, is there any -- are you
going to go forward with your project today, or are
you so --
MR. SAADEH: I have every intention of doing
SO.
CHAIRMAN STRAIN: Okay. Because someone had
mentioned earlier that you might continue. I
didn't know if that was the case or not.
MR. SAADEH: No, sir, that's not accurate.
CHAIRMAN STRAIN: Okay. with that in mind,
everybody that is here for Naples Bath and Tennis,
I can guarantee you right now, we will not hear
your project before 12:00. Now, because of the
Vineyards request, we will be hearing -- I know
that they'll take at least a half an hour, but with
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Tony Pires, it could take three hours.
COMMISSIONER WOLFLEY: Forever.
CHAIRMAN STRAIN: Whenever they end, we will
take an hour break for lunch. If they end at
11:30, we'll come back here at 12:30. If they end
at 11:00, we'll come back at 12:00.
So what I'm trying to tell you is to be safe I
can guarantee you we won't hear the Naples Bath and
Tennis Club until noon. Now, it may be later than
that, but it won't be before that.
So those of you that are here for that case,
and if you want, there's a nice cafeteria
downstairs if you want to go to lunch or breakfast,
a late breakfast, feel free. If we do get some
time, we're just going to ourselves go to lunch and
we'll back here then early. But noon will be the
earliest, just so all of you who are interested.
With that in mind, all those wishing to
discuss the -- yeah, testify on behalf of the next
item, which is -- let me get back to my normal
routine here. This is Petition VA -PL- 2009 -1460,
Michael Saadeh of the Vineyards Development
Corporation, and it's for a variance at 400
Vineyards Boulevard.
And before I ask everybody to stand, because
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everybody is, we'll just wait for a minute.
All those folks with the Naples Bath and
Tennis that are leaving, please try to do so
quietly and expeditiously.
Okay, all those wishing to testify on behalf
of the Vineyards variance petition, please rise to
be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay, disclosures on the
part of Planning Commission.
Ms. Caron?
COMMISSIONER CARON: Yes, I had a meeting with
Mr. Pires and some residents.
CHAIRMAN STRAIN: Anybody else? Mr. Murray?
COMMISSIONER MURRAY: I had a meeting with Mr.
Pires and some residents.
CHAIRMAN STRAIN: Mr. Wolfley, then Mr.
Vigliotti.
COMMISSIONER WOLK EY: I spoke with Mr.
Saadeh.
COMMISSIONER VIGLIOTTI: I had conversations
with Mr. Saadeh, and I received a packet from
the -- Tony Pires.
CHAIRMAN STRAIN: Anybody else?
(No response.)
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CHAIRMAN STRAIN: And I had meetings with Mr.
Pires and some residents.
COMMISSIONER HOMIAK: I didn't speak to him,
but I had numerous e- mails.
CHAIRMAN STRAIN: Yeah, we've got a lot of
e- mails. But I believe they've all been sent to
staff and they're all part of the record.
And my guess was right, there's about as many
people for this one as there was for the other one.
So I'm -- because there was some discussion about
moving one forward, and I thought we should leave
it like it is, so I'm glad we did.
With that in mind, Mr. Saadeh, it's all yours.
MR. SAADEH: Good morning, Commissioners. My
name is Michael Saadeh, I'm the president and CEO
of Vineyards Development Corporation. It's also
the same entity that owns Vineyards Country Club.
I've been with the Vineyards since its inception in
1986, so I have a little bit more history than I'm
confident anybody in this room on the other side.
Back in 187 we started construction at the
Vineyards and we started construction of the club,
and with that we started building the support
facilities, which is the existing maintenance
facility that you see on the wall right here with
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the white roof.
At the same time we built a berm around this,
the berm cones and wraps around from Vineyards
Boulevard all the way around the site, all the way
through the club parking lot. And the reason it
wraps on kind of like a U- shape, backward U- shape,
because the other side of the berm -- I point out
this area. This area was at the time the same
parcel wide open throughout, and this site was
being used at the time for a water and sewer
treatment plant, because the county did not have
any sewer facilities or water facilities to this
location, to the Vineyards.
So the berm was built from day one right here
and continued all the way to here and here. But
then it kept open here, not knowing at the time
what was going to be about with this parcel.
Moving forward a few years later, the county
brought in their facilities, their sewer facilities
and water facilities to this site. So we went in
and we dismantled the water and sewer plant from
the Clubside Reserve site and connected to the
county water system and sewer system.
A few years after that, which sometime in the
mid Nineties, we started contemplating what to do
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the white roof.
At the same time we built a berm around this,
the berm cones and wraps around from Vineyards
Boulevard all the way around the site, all the way
through the club parking lot. And the reason it
wraps on kind of like a U- shape, backward U- shape,
because the other side of the berm -- I point out
this area. This area was at the time the same
parcel wide open throughout, and this site was
being used at the time for a water and sewer
treatment plant, because the county did not have
any sewer facilities or water facilities to this
location, to the Vineyards.
So the berm was built from day one right here
and continued all the way to here and here. But
then it kept open here, not knowing at the time
what was going to be about with this parcel.
Moving forward a few years later, the county
brought in their facilities, their sewer facilities
and water facilities to this site. So we went in
and we dismantled the water and sewer plant from
the Clubside Reserve site and connected to the
county water system and sewer system.
A few years after that, which sometime in the
mid Nineties, we started contemplating what to do
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with that parcel, and we decided at the time to
turn it to residential parcel.. We met with a few
people at the county to create a proper buffer.
And although there was no requirement for a wall,
we built an extensive eight -foot concrete wall with
a huge buffer. At the time, again, it was one
parcel so we had the option of drawing the line for
the property boundary anywhere we needed to.
So we drew the line and we put the buffer on
the side of Clubside Reserve, and we landscaped
that buffer way before we offered a single unit for
sale in that neighborhood, or before we even
started construction in that neighborhood.
And the wall was additional protective, if you
would, from the future of that neighborhood. And
later on as these folks came in and bought in that
area, nobody more or less knew what the history of
it was or, you know, what was done.
We drew the lines, we put the landscaping in.
And I'm going to share with you later on in the
discussion the landscaping.
CHAIRMAN STRAIN: Could you slow down just a
little bit? I've been watching her try to type,
and she has to get every word you say. And you do
what I do a lot, which is we talk fast, so --
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Mil. SAADEH: You see I'm emotional about this
project because I spent 23 years on it. And I
don't present (sic) anybody else, nor do I get
hired to present anybody else, so I can't help but
be emotional about something we do. Especially in
this economy that we have a very exceptional
report, considering what's happening all around us.
And then you get disappointed seeing what's
happening today.
Anyhow, we've operated this maintenance
facility since '87, 188. It was C.O.'d with the
club, and it's been in operation ever since.
To my knowledge, and I've been there since,
I've never heard a complaint from either Clubside
Reserve or anybody else surrounding the maintenance
facility that's existing today.
Now, due to the recent economic collapse, we
are starting to reevaluate our business model. A
few year back we've taken ownership of the Country
Club, and we've paid the members very handsomely
for taking over the club. And at that time we were
leasing equipment on regular basis. And the leases
expire every few years and then we turn the
equipment in and we lease other equipment.
And because of the economic downturn, we feel
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that that plan is not the most economical plan for
us, so we decided we're going to start purchasing
the equipment and kind of hang on to it a lot more
than the three years we've been doing in the past.
To do so we do not have arple facilities to
store whether existing equipment that we have or
future equipment that we need to have. And to
avoid, you know, beating it up in the weather and
all that, so we decided to cone up and build a
maintenance facility that will store the rest of
the equipment and be -- you know, supplement what
we have in place right now.
When we started to plan the site and started
the planning process, we discovered that the PUD
setbacks are extremely stringent. They were
requesting -- the PUD called for 50 -foot setback
for that parcel. And then we started evaluating
that and done more research with in -house and with
county staff, and we realized -- and this is the
most critical point of anything you'll hear
today -- we realized that the reason for the
50 -foot setback is that parcel and the club parcel
allows for a three -story over parking maintenance
facility.
So anywhere on that site, if you meet that
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50 -foot setback, you can physically build a
three -story over parking. That's anywhere from 35
to 40 foot in height.
And, you know, it doesn't make sense to build
a 35 or 40 -foot high building to store maintenance
equipment. Under the current LDC today, the
current LDC that you have in front of you today, if
you were to build this building at the proposed
height of 15 feet at the peak of the roof, the
maximum required setback would be seven and a half
feet. That's it, seven and a half feet. So we're
proposing a 15 and a half foot separation, and
hence that's why, you know, the variance is here
today.
The reason for the variance is, you know,
multiple. First and foremost is, I just told you,
that the PUD is stringent because it allows much
higher height. And so we doing a much smaller size
building, much smaller height building. And for.
that reason we're providing still 15 and a half
feet versus the required seven and a half the
current LDC but not under the PUD.
The other reason is this berm -- and I'm going
to show you pictures in a few minutes. This berm
has been in place for 22, 23 years. It's very
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heavily landscaped. It's a gorgeous berm. And it
doesn't make any sense at all to any of the members
or to us, nor to county staff or anybody who's seen
it, I've had multiple people go see it, it didn't
make any sense to tear it dawn just to abide by a
50 -foot requirement when we're not building the
size building that requires the 50 -foot setback.
The existing wall and landscape buffer, as I
will show you -- I sent you packages by e -mail, but
I also gave you colored copies today, and I'm going
to put this on the wall for everybody to see.
Again, as you will see, that the berm and the --
the buffer and the wall that we built is more than
adequate to buffer the neighboring project. As
well as I will demonstrate in a second the
orientation of the buildings of Clubside Reserve do
not face into this site or the berm.
As you can clearly see from this picture, all
these units are oriented this way. This unit, I'll
show it up with a blown -up picture, this one
window, another window, this is four -unit building.
For each unit building you have just two windows on
the back side, one on each unit that will face into
the site. And that's a secondary window for a back
bedroom. There isn't a single balcony, there isn't
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a single view or any orientation whatsoever this
way.
So everybody loads in in the garage, they come
in, the balconies, lanais, everything else orients
this way. And I'll demonstrate some pictures here
of -- on the most -- from all this site here there
is one, two, three buildings, maybe even one unit
here that has potential of seeing this.
This unit, there is no way this back window
can see the building, no matter what. There's one,
two, three, four, five, six windows have potential
seeing the building, if they can actually cross the
existing buffer right now. If they can find a
little loop in that existing buffer, they might
even see that building. Otherwise, there's no way
they can see any of that.
And I'm going to show you those pictures in
here. As well, I've invited the staff early on and
senior staff to visit the site, and they did.
Mr. Joe Schmitt visited the site, Susan Istenes
visited the site, Mr. Bellows visited the site,
Mr. J.D. Moss visited the site. And we visited
both sides of the site; one from the proposed area
where we plan on putting the building and the other
visit was on the Clubside Reserve property, to just
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show them that it's impossible, more or less, to
see that building from with the existing vegetation
and the existing wall that we provided and built
over the years.
On October 29 we met with Mr. Webster, who is
the president of the homeowners association of
Clubside Reserve, and a lady called Ms. Ellen
Watts. She's also director on the Clubside Reserve
Homeowners Association. We shared with them the
drawing that you see on the board. We discussed
with them what the project is to be, and the extent
of what the variance request would be.
And their simple reservations at that time was
that they had lighting reservations like how would
you light the building, you know, what will change
on
the
site
as far as use.
We
were extremely clear
to
say
that
the use on --
this
is not a zoning
change, so the use and existing equipment, the
existing operation, the normal way of conduct on a
day -to -day basis is not changing. And that we
committed that if the lighting was an issue that we
will definitely work with staff to do the minimum
lighting required to have the least light anywhere,
as well I remind you that the only units that might
have potential impact are six back windows on the
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whole site. And again, they have to really look
through the hedge, as I'll demonstrate in a second.
Past that, they've asked us to send them a
copy in writing -- a letter in writing to show
their constituents on what the project was going to
be about.
So we prepared a letter, we sent it to them,
it was very small and simple. And the very next
time we heard from them was from Mr. Tony Pires
that he's being their legal representative and now
they've hired counsel and they're going to fight
this and defeat it, et cetera, et cetera. There
was not one single request of legitimate reason why
this thing shouldn't go up.
I would like now to go through these slides
and show you the few things and the buffer and the
building orientation.
This first slide shows the back of a typical
building in Clubside Reserve facing the site in
question.
The second slide would be when you stand on
the garage front of that building and you look out
the site, that's what you would see.
This is another picture of again when you
stand on the garage -- or the driveway of any of
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those buildings that I labeled here. Any of those
buildings, if you stand on the garage, by the
garage door and looked towards the site, that's
what you would see.
This is an overall view of the berm as we
built it back in the mid Nineties and the extensive
landscaping on that berm.
This is another view looking east.
This is another view looking straight at it.
This picture gives you a perspective of the
height of the berm. The person in the picture is
me. The guy that took the picture, just I asked
him to take the picture from the garage looking out
what my height is. I'm six -foot, three inches.
And this is me standing and this is the backdrop of
the landscaping behind me, again showing that it's
almost impossible to -- it's definitely impossible
to see anything from the first floor, but it's
almost impossible to see anything from the second
floor window of the six windows in question that
we're talking about.
This is the picture of exactly where the
building is proposed to go, where that dumpster is.
And right now we store some landscape trimmings in
that location. And in the future that won't be an
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option, so we'll be hauling this out regularly
weekly instead of whenever we have enough.
This is another picture of the site showing
the berm, existing berm behind it on the site of
the maintenance facility and the size of the trees
on top of that berm. Those are anywhere from 20 to
30 foot tall, upwards of 22 years old that we have
planted.
This is a picture of the berm coming into the
club from the club drive. This is how extensive
and how heavily landscaped and how pretty the berm
looks.
This is another picture of the berm from the
actual parking lot of the Vineyards Country Club.
This is another picture of the berm from the
parking lot of the Vineyards Country Club as well.
Again, showing the extent of the landscaping
and the maturity of the landscaping that have to be
destroyed completely if we were to move the
building to the proper setback.
This is a picture of the berm as well with the
entrance of the maintenance facility.
This is the wall on our side of the property.
This is the wall that separates Clubside- Reserve
from the maintenance complex on our side of the
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property. Again, the wall was not requirement back
in the Nineties when we built it. We built it to
give them additional sound buffer, additional
protection way before we ever built a unit there or
ever sold a unit there.
So we planned it properly. We've been
neighborly for years. We thought that this is a
no- brainer. I mean, we're just adding a building
on an existing use for the existing everything and
trying to house additional equipment as times
changed. And so this wall is all the way around.
Again, it's not part of whatever requirement. We
never operate on what's just a requirement, we go
further with what's practical and what makes sense.
So pretty much this is the existing conditions
as you see it. This is the existing berm, that if
we couldn't get the variance we have to destroy.
But the issue today is not whether we will
build the building or not. I think anybody in this
room, especially the Commissioners, would
understand that the zoning is there for the
building. The issue is whether it be put where
we're proposing to place it or whether we have to
destroy the building to place it. And if that was
to be the case, we have to revisit the site, we
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have to revisit the size of the building, we have
to revisit the height of the building, among other
things.
In an effort to keep the meeting orderly and
respect your time and everybody else's time, we
chose not to bring supporters in here and just come
in here and jam the microphone. So what I've done
is I have a list here of 52 club members that I
will pass on for your record that totally approve
and support this position. And what I've been here
today, had I not asked them to be here in respect
of your time (sic). They're members, they're club
members. I'll provide one for the record. Matter
of fact, a couple of signatures on that list are
people who live in Clubside Reserve and don't see
it the way the other folks in this room are seeing
it.
With that, I'll thank you for your time. I'll
be happy to answer any questions. And I would
appreciate it if you would give me some time after
Mr. Pires and company have their short rebuttal.
Thank you.
CHAIRMAN STRAIN: we typically do have a
rebuttal time, so you certainly will be afforded
that.
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have to revisit the size of the building, we have
to revisit the height of the building, among other
things.
In an effort to keep the meeting orderly and
respect your time and everybody else's time, we
chose not to bring supporters in here and just come
in here and jam the microphone. So what I've done
is I have a list here of 52 club members that I
will pass on for your record that totally approve
and support this position. And what I've been here
today, had I not asked them to be here in respect
of your time (sic). They're members, they're club
members. I'll provide one for the record. Matter
of fact, a couple of signatures on that list are
people who live in Clubside Reserve and don't see
it the way the other folks in this room are seeing
it.
With that, I'll thank you for your time. I'll
be happy to answer any questions. And I would
appreciate it if you would give me some time after
Mr. Pires and company have their short rebuttal.
Thank you.
CHAIRMAN STRAIN: we typically do have a
rebuttal time, so you certainly will be afforded
that.
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have to revisit the size of the building, we have
to revisit the height of the building, among other
things.
In an effort to keep the meeting orderly and
respect your time and everybody else's time, we
chose not to bring supporters in here and just come
in here and jam the microphone. So what I've done
is I have a list here of 52 club members that I
will pass on for your record that totally approve
and support this position. And what I've been here
today, had I not asked them to be here in respect
of your time (sic). They're members, they're club
members. I'll provide one for the record. Matter
of fact, a couple of signatures on that list are
people who live in Clubside Reserve and don't see
it the way the other folks in this room are seeing
it.
With that, I'll thank you for your time. I'll
be happy to answer any questions. And I would
appreciate it if you would give me some time after
Mr. Pires and company have their short rebuttal.
Thank you.
CHAIRMAN STRAIN: we typically do have a
rebuttal time, so you certainly will be afforded
that.
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Okay, Mr. Murray, then Mr. Wolfley.
Mr. Wolfley?
COMMISSIONER WOLFLEY: Mr. Saadeh, for one,
could we get a picture up there from the unit that
would be, let's say, centered on the existing
maintenance building? Can you find -- I don't know
which one of these that would be. In other words,
it could be one where you're standing --
MR. SAADEH: Okay.
COMMISSIONER WOLFLEY: Because I have a point
to make here.
MR. SAADEH: This would be typical picture
from an existing building across from the existing
Clubside Reserve site. That's a typical site.
COMMISSIONER WOLFLEY: So in other words that
is looking right at the existing maintenance
building.
MR. SAADEH: Yes, sir.
COMMISSIONER WOLFLEY: Have these people ever
complained about noise because you're working on
the equipment and so on?
MR. SAADEH: To my knowledge they have not. I
mean, that's the best of my knowledge. I've been
there for 23 years.
COMMISSIONER WOLFLEY: Thank you.
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CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mr. Saadeh, the manila
folder that you had and you said you had signatures
from members of the club.
MR. SAADEH: Yes.
COMMISSIONER MURRAY: Are every signature from
every member of the club also residents in
Vineyards?
MR. SAADEH: Yes.
COMMISSIONER MURRAY: So everyone that signed
that is a resident, regardless of where they live.
MR. SAADEH: That's correct.
COMMISSIONER MURRAY: Thank you, that was my
question.
MR. SAADEH: They're club members and
residents. The ones who signed the petitions are
residents and members.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes, first question,
is the property line that's running -- you're very
close to one that's -- I guess you're a foot and a
half or 1.4 feet off of that.
Would you have a problem unifying those two
sites and removing that property line? Because
otherwise you should have another setback issue and
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you're really going to get beat up when you go for
a building permit from the fire separation
distance.
MR. SAADEH: I'm not sure I understand the
question, honestly.
COMMISSIONER SCHIFFER: Do you see where
you're one foot -- 1.4 feet from a -- the eastern
property line? I assume that is a platted site and
that is a property line.
COMMISSIONER WOLFLEY: It's a curbed property
line.
MR. MOSS: Commissioner Schiffer, if I may,
for the record, John -David Moss, Department of
Zoning and Land Development Review.
There are no side yard setbacks in the
Vineyards PUD. So if this were not -- if this came
in as its own SDP, that would not be an issue.
COMMISSIONER SCHIFFER: So he could have a
zero setback there.
MR. MOSS: Yes.
COMMISSIONER SCHIFFER: Although when he does
go to the building department, the fire
separation's going to be 1.4 feet and he's going to
have a --
MR. MOSS: That's a whole nother issue
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entirely. I don't know about what the fire setback
standards are, but I'm just saying from a zoning
perspective it's not an issue, so --
COMMISSIONER SCHIFFER: Okay.
MR. SAADEH: We've met with the fire
department and they've requested another additional
hydrant in a specific location. They've requested
a second back flow preventer, which we have one
on -site. They've requested a second one so if they
put a truck on one end or the other -- because
there's an existing driveway there, and that was
kind of their barometer.
We could physically deed any portion of that
property to the other entity, because we own both
entities.
COMMISSIONER SCHIFFER: Right.
MR. SAADEH: So if I have to deed 10 feet this
way or 10 feet that way, it doesn't really make any
difference.
COMMISSIONER SCHIFFER: And it would be the
building department. Because the type of
construction -- you'd have to build that out of
probably a three -hour rated wall that close to the
property line. And if it's a --
MR. SAADEH: So far we we've net with the
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building department and the fire department, and
that issue was not an issue. Again as well, we can
address it by moving the property lines, because we
own both sides of the property.
COMMISSIONER SCHIFFER: Okay. All right.
The other question is, have you ever tried to
design a building that didn't require this
variance? For example, you know, the back side of
this berm is not that good looking. You could have
pushed the building into it. I mean, in Florida
we're used to everything being flat. But people do
design buildings, you know, with --
MR. SAADEH: Well, actually, the building is
pushed as back against the berm as possible. And
there's the proposed retaining wall that would be
built behind the building to protect it from any
sliding that might ever occur in the berm if we
have a hurricane or a big storm.
COMMISSIONER SCHIFFER: Okay. But the
question is, did you ever try to design a building
that would fit within the setback?
MR. SAADEH: If we scaled it smaller, it won't
serve the purpose intended with the expenses of
sprinkling the building and doing all the other
things and the site work with it. It would not
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really make, you know, financial sense at all. We
would end up with a four or 4,500 square foot
building.
COMMISSIONER SCHIFFER: Okay. And the type of
building, are you just trying to get a metal
building to fit in here, is that what this is?
MR. SAADEH: It's a prefab metal building,
very, very similar to the existing one, newer
model, obviously.
The height of the roof at the peak is 15 feet.
The average height of the ceiling is 14 feet. And
again, you know, with every expert we've spoken to
in our engineering staff, the closer you put it to
the wall, the less likely they can see it. The
further away you put it from the wall, the more
they're going to see it.
Plus on a second -story unit, if you look out,
you will see the berm that I showed you with the
mature trees. If I took those trees out that would
be your backdrop, that will be gone.
COMMISSIONER SCHIFFER: I mean, isn't the berm
between you and the residences?
MR. SAADEH: No, sir, it's not.
COMMISSIONER SCHIFFER: It's not ? - -
MR. SAADEH: No, the berm is actually --
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COMMISSIONER SCHIFFER: Okay, I know what you
mean. That berm, okay.
All right, my question was, so essentially
have you really tried to design something around
it? I mean, obviously it's a uniquely shaped site.
But you're actually the one that shaped the site.
MR. SAADEH: Again, at the time, I mean, I'm
talking 22 years ago in 1987 is when we built the
site. At that time we didn't have a need for
another maintenance facility. And again, I mean,
if this was a current project outside of a PUD with
someone coming in under the current LDC, the
maximum setback requirement for this building would
be seven and a half feet. We're providing 15 and a
half.
The fact that the PUD asked for 50 is because
we're allowed to go up 35 or 40 feet. I mean,
basically that's the main reason the 50 -foot is
there.
COMMISSIONER SCHIFFER: I think John's going
to --
MR. MOSS: Yeah, if I just may clarify
something for the record. John -David Moss,
Department of Zoning.
Mr. Saadeh has twice said that the setback of
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the most conventional district for a golf course
maintenance facility would be seven and a half
feet. That's not exactly correct. There actually
is no minimum setback, so it's just --
THE COURT REPORTER: Excuse me, you're going
fast.
MR. MOSS: I'm sorry, it's contagious.
But anyway, there is no minimum setback
requirement for golf course maintenance facilities
in the most similar conventional zoning district,
which would be the golf course zoning district. So
he's providing one that's 15 feet.
COMMISSIONER SCHIFFER: Okay, so say that
again? In other words, we -- in a conventionally
zoned golf course you can build maintenance
buildings on the property line?
MR. MOSS: Yes, there is no minimum setback
requirement in the LDC.
MR. SAADEH: In your current document.
COMMISSIONER SCHIFFER: All right. Well, just
one more question.
When you built the building next door, there's
a big issue about between the building and the
residential property, that area's supposed to be
landscaped. Did that ever come up when you were
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building the maintenance building to the east?
MR. SAADEH: Sir, we built the maintenance
building to the east prior to ever putting the wall
up or prior to ever putting the landscaping there.
At the time we were to develop what was to be known
as Clubside Reserve, we met with county staff and
we said how about we put the buffer all in one
location and landscape it heavily and, you know, we
can -- we have the option of drawing that line
anywhere.
The staff and us at that time reached an
agreement that we would put this buffer -- I don't
remember if it was 20 or 25 feet -- and properly
landscape it. At the time that was as good as
anybody was looking for on the county side and our
side. And then to make it even better, we built
the wall to prevent any noise, additional noise or
something.
There was no line at the time. we created
that line. So it was totally consistent with
whatever the county was requiring in those days 13,
14 years ago.
COMMISSIONER SCHIFFER: All right, thank you.
It is a beautiful buffer. I mean, you couldn't
have done it any better.
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MR. SAADEH: Thank you.
CHAIRMAN STRAIN: Mr. Kolflat, then Ms. Caron.
COMMISSIONER KOLFLAT: Those lists of owners
that you submitted or referenced, were they
submitted to the staff?
MR. SAADEH: The ones that support our
position?
COMMISSIONER KOLFLAT: Yes.
MR. SAADEH: No, I'll submit them today, if
you'd like. For the record. I said that I'll give
them a copy for the record.
COMMISSIONER KOLFLAT: So we have not seen
those. They're not in our packet.
MR. SAADEH: No, they're not. I mean, I could
have asked them to come today and I can still do
that and ask a lot of people to come in today and
sit here. I just chose not to do that in respect
of your time and our time.
COMMISSIONER KOLFLAT: So you're only
representing that they take that position; we
haven't heard from them or seen anything in
writing.
MR. SAADEH: The piece of paper they sign,
they can read it for you, which I'm going to give
you a copy of.
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It states: We the undersigned residents of
the Vineyards and members of Vineyards Country Club
are aware that the Vineyards Development Corp. and
Vineyards Country Club have requested a variance
from the setback requirement --
CHAIRMAN STRAIN: Please slow down. This poor
girl's going to have fits over here in a minute.
We need to slaw down a little bit, everybody, so
thank you.
MR. SAADEH: Okay. We the undersigned
residents of the Vineyards --
COMMISSIONER KOLFLAT: You don't have to read
13 1 it for me.
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My question really is I guess more to
John - David. Why didn't we have a copy of this in
our packet so we could be familiar with it?
MR. MOSS: Yes, Commissioner Kolflat, I didn't
receive a copy of the petition. Obviously he still
hasn't submitted it to me yet. But it's my
understanding that it was collected after the staff
reports were sent to you.
I also understand that Mr. Pires has a
petition signed by residents that are opposed to it
that hasn't been submitted either. But I will get
copies of both of those for the record.
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It states: We the undersigned residents of
the Vineyards and members of Vineyards Country Club
are aware that the Vineyards Development Corp. and
Vineyards Country Club have requested a variance
from the setback requirement --
CHAIRMAN STRAIN: Please slow down. This poor
girl's going to have fits over here in a minute.
We need to slaw down a little bit, everybody, so
thank you.
MR. SAADEH: Okay. We the undersigned
residents of the Vineyards --
COMMISSIONER KOLFLAT: You don't have to read
13 1 it for me.
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My question really is I guess more to
John - David. Why didn't we have a copy of this in
our packet so we could be familiar with it?
MR. MOSS: Yes, Commissioner Kolflat, I didn't
receive a copy of the petition. Obviously he still
hasn't submitted it to me yet. But it's my
understanding that it was collected after the staff
reports were sent to you.
I also understand that Mr. Pires has a
petition signed by residents that are opposed to it
that hasn't been submitted either. But I will get
copies of both of those for the record.
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COMMISSIONER KOLFLAT: So we have two wrongs
then.
W
MR. MOSS: Yeah. All I've collected so far
are eight letters of objection that were actually
e- mailed me. I think most of them you were copied
on. And then one letter of support.
COMMISSIONER KOLFLAT: Another question, if I
might.
How many golf courses are there out there at
the Vineyards total?
MR. SAADEH: Two golf courses. Thirty -six
holes.
COMMISSIONER KOLFLAT: Two 18 -hole courses?
MR. SAADEH: Yes, sir.
COMMISSIONER KOLFLAT: Now, how many square
feet maintenance area do you generally need for one
round of golf?
MR. SAADEH: I'm not totally sure. Obviously
the one we have is not enough.
COMMISSIONER KOLFLAT: What do you mean not
enough?
MR. SAADEH: I mean we have currently
equipment that is not being housed in the building,
it's housed outside the building on the same side.
COMMISSIONER KOLFLAT: You undertook then no
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study to ascertain what the amount of coverage you
might need?
MR. SAADEH: We figured out how much equipment
we have and we realized we need a building in the
size of 8,000 to 10,000 square feet to house the
existing equipment that we need to house.
COMMISSIONER KOLFLAT: And as I understand in
your answer to Mr. Schiffer, that you made no
investigation as to where that building might be
located without having violated the setbacks?
MR. SAADEH: No, sir, that's not accurate. We
said we looked at all avenues. And if we were to
place this size building anywhere else but where
we're proposing it, we'll have to destroy the berm,
thus the reason for the variance. That's why we're
requesting a variance, because we've looked at it
any which way and we found out the only way we can
do it without destroying the berm is in that
proposed location. If we shrunk the building, it
won't serve the purpose that we needed to serve.
It won't be enough to house the equipment we need
to house.
COMMISSIONER KOLFLAT: Now, the total you want
now -- you have 12,000 square feet now, is that
right, coverage for maintenance? You're asking for
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9,000?
MR. SAADEH: More or less, yes.
COMMISSIONER KOLFLAT: So it's about 20,000
you're talking about, 21,000.
MR. SAADEH: More or less, yes. Whatever it
adds up to be.
COMMISSIONER KOLFLAT: All right. And you
feel that's kind of common an area of what two golf
courses would need?
MR. SAADEH: Again, I can't speak for other
golf courses. I can give you a general statement.
You can physically build a golf course on 85 acres
or you can build a golf course on 160 acres. To my
knowledge, we have -- the two courses are built on
the Vineyards on roughly about 350 acres. So we
have one of the largest areas of golf course open
space than anybody else has.
If you have 90 -acre golf course, I'm sure you
would need less equipment to maintain it than if
you had 150 -acre or 165 -acre golf course. Ours are
very wide, very user friendly. They're designed
for the more senior gentleman and lady than the
young athlete professional golfer.
COMMISSIONER KOLFLAT: Well, the flora that's
shown in your pictures are very attractive. I
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compliment you on these. It has grown up there
over the years to look very attractive. However,
we're faced with having to be sure that we're
granting a variance that meets certain guidelines
included in our LDC.
And I think that's the thing that worries me
more than anything, whether we're meeting the LDC
requirements.
MR. SAADEH: Well, sir, on the hope of not
being redundant, if I was today -- if I didn't have
a PUD document today and just came in under the
current LDC today, the same document that you're
referring to, I would not even have to provide a
one foot setback. I could put the building right
against the wall. Yet I'm offering 15 and a half
foot setback, and your current LDC does not require
that at all.
And again, the 50 -foot was placed back in
1986. This PUD dates back to 1986 because it
allows for three story over building -- over
parking maintenance facility.
COMMISSIONER KOLFLAT: I have no more
questions at the moment.
CHAIRMAN STRAIN: Ms. Caron, then Mr.
Schiffer.
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COMMISSIONER CARON: Just to get back a little
bit to what Mr. Schiffer was talking about and that
is the design of the building.
You gave us a picture here, and it says
equipment to be stored in the proposed building.
MR. SAADEH: That's equipment that's currently
stored outside. That's where we propose to put it
in the new building.
COMMISSIONER CARON: Inside the building.
MR. SAADEH: Yes, ma'am.
COMMISSIONER CARON: But in this picture they
are under cover, all right. Most of it is --
MR. SAADEH: Some are and some are not.
COMMISSIONER CARON: -- under cover.
MR. SAADEH: Yes, ma'am.
COMMISSIONER CARON: Is it possible for you to
enclose these buildings and put most of that
equipment in here and then build a smaller building
on the tract that would meet your setbacks? Why is
that not possible?
MR. SAADEH: To the best of my knowledge it's
not because it would have to go through current
regulations, which is certain sprinkler facilities,
certain separation. Everything have to be
sprinkled. The new building is proposed to be
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sprinkled. The existing building is not sprinkled.
So they require different -- you know, different
design altogether. I'm not sure we'll even have
the ample space to place them there.
These are just mainly just a roof overhang to
protect some of the equipment from the elements.
Those cannot be permitted today that way. If I was
to ask the county to give me permits similar to
that, they won't issue them today.
COMMISSIONER CARON: All right, let me ask you
another question then about this.
This entire area, I mean, approximately how
many square feet are in there, though?
MR. SAADEH: I'm not really sure --
COMMISSIONER CARON: Where I'm going, Mr.
Saadeh, is could these buildings be taken down and
you put the new building there or something --
MR. SAADEH: Well, if you look at the picture
closely --
CARON: -- close to it?
MR. SAADEH: -- that's actually driveway, and
it goes around the entire building. And the fire
department requires this type of access to go all
the way around. So I think by the time we ask for
something that's -- if you look at the scale of
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this versus this, by the time we ask for something
that's of any magnitude, we will not be able to use
the road and the fire department would not approve
it.
COMMISSIONER CARON: But based on the
equipment that's out here, you don't need 9,000
square feet in order to accommodate that equipment.
You could put a smaller building on that footprint
that exists and still be able to use your driveway
and meet your fire codes and put in sprinklers and
do all the things that you have to do to bring it
up to --
MR. SAADEH: Ma'am, this is not --
COMMISSIONER CARON: -- code.
MR. SAADEH: -- the picture of all the
equipment that we have on the site. This was taken
at a moment in time during the day. There could
have been 20 or 30 pieces of equipment on the golf
course at the time this was taken. This was not
scientifically taken to specifically account for
every piece of equipment. This was just a sample
of this is what we have, this is one of the
challenges we have. So this was not taken lixe aL
6:00 in the morning when every piece of equipment
was parked in the barn and outside the barn. This
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was taken
at some
moment in
time during the day.
I've taken
this a
few weeks
ago.
COMMISSIONER CARON: So you were bringing
equipment from other places on your property?
MR. SAADEH: No, ma'am. This -- during the
day we have equipment on the golf course on regular
basis. So at that time this equipment would have
been on the golf course that wouldn't be shown in
this picture.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: And Donna, that was
kind of exactly my question is that it looks like
you could exactly build what you want in the
backyard of this and cover that. You don't have to
have 100 percent access around the building.
I mean, you and I shouldn't be providing
expert testimony on fire codes, but it just seems
why couldn't -- did you ever look at building to
building just covering exactly that yard? It
almost appears to be exactly that size.
MR. SAADEH: Well, actually, it wouldn't fit.
The other thing I'll tell you, this is a
matter of fact, when we proposed this building with
the fire department, there's a fire sprinkler right
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in this location right here. The fire marshal came
in and said we want a different one in here. We
said, how cane? If there's a fire -- and luckily,
knock on wood, we haven't had one in 23 years. He
said no, if there's a fire, we're parking a truck
in here, we don't want to go on the other side of
the truck to reach a hydrant, we want one on this
side of the truck.
So I mean, their regulations, they want a fire
hydrant here, which is existing. They want another
one here, which is not existing, to be added. So I
can't really speak as to what the fire codes are
but I can tell you, it's the most stringent
regulation that you would go to when you're getting
a fire permit.
COMMISSIONER SCHIFFER: Right. But that's not
really the point. What the fire marshal is saying
is if we're going to build a building on the other
side of the road, give me a hydrant also on the
other side of the road.
My question really is, is that area behind
your existing building looks like an area -- I
mean, the existing building is bigger than the new
building you want. why couldn't you put this new
maintenance building back there?
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MR. SAADEH: Again, simply it wouldn't fit. I
mean, it physically wouldn't fit. If you take the
shell in here and superimpose these lines in here,
those will be touching. And then this will be
blocked and there will be no more road.
COMMISSIONER SCHIFFER: Of course you could
touch them.
You know, here's the problem, is you're asking
for a variance. And there has to be good reasons
for the variance. And you can't cause the reasons.
You know, you subdivided the lot. The big argument
here is that you want to put this size building as
opposed to another size building that some
architect could take your berm, design the building
into the berm and probably get you a lot of square
footage. It would certainly not be as easy to
build as a rectangular metal building.
And then you even mentioned that you would
have to sprinkler it. Well, you know, we can't
give variances for land use based on avoiding
sprinkling. So I mean, we really have to have good
hardship reasons that aren't caused by yourself or
not to be convenient for construction.
MR. SAADEH: Mr. Schiffer, I would say that
again under the current LDC, if I wasn't allowed to
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go three stories high, I would not need the type of
setback that we're requesting a variance for. So
basically, I mean, you -- this is a technicality.
I'm here stuck on a technicality because my PUD was
written in 186 and it called for three -story
maintenance facilities. Then I would have to have
50 -foot setback. Now I'm proposing a 15 -foot
building -- 15 -foot high building and I'm asked to
provide still the 50 feet, which doesn't make any
sense at all. I mean, I'm easier off going
amending the PUD and removing the 50 -foot
requirement.
COMMISSIONER SCHIFFER: I'm a little confused.
You're giving the impression that there is
conventional zoning all over the county for
something that's zoned golf course. You are a PUD.
You determined your own zoning, your own setbacks.
So, I mean, referencing the conventional when you
essentially created your own, I'm not sure, why is
that supposed to make, you know, the --
MR. SAADEH: Because 23 years later things are
not the same. I'm sure you agree with that.
Things change and evolve. And at that time we
didn't -- I mean, at that time -I didn't craft every
letter of the document. We had experts do that.
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Hindsight looking at it, you know, we probably
should have done it as the other table in the PUD
calls for, the residential table calls for.
If you had one story, this is your setback;
second story, this is your setback; three stories
are more, this is your setback. Unfortunately the
PUD only -- the golf course site didn't address
that. I have the copy of the PUD, if you'd like to
see it. It addressed it perfectly for residential,
but it didn't for this site.
SCHIFFER: And we have portions
of it. And that would -- maybe I would be happier
if you were actually in here revising your PUD so
that you could make a building that would fit here.
Some of this -- the problem is you're asking for a
variance and a variance has to carry a lot of
weight as to that you really have a need for it
that's certainly not caused by yourself or again to
avoid types of construction.
But anyway, I'm done, thank you.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Mr. Saadeh, I realize
you have a need for the building. If you build it
in the position you want and push it back towards
the berm, how many feet can you go before you start
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tearing that berm down?
MR. SAADEH: Matter of fact, this corner right
here is at the toe of the berm. And there is going
to be a retaining wall built along this side of it,
almost all the way across. So pretty much this is
as far as it can go back without starting to tear
into the berm.
COMMISSIONER VIGLIOTTI: Okay. Because the
reason I'm bringing it up is I live in that
development, I go up and down that road. If that
berm had to come down or any trees in that berm had
to come down, it would definitely destroy the view
all the way down to the clubhouse.
COMMISSIONER SCHIFFER: And I agree with you,
but the toe of the berm is the bottom of the berm,
correct?
MR. SAADEH: Well, actually, this is the toe
of the berm. The toe of the berm is right down
here.
COMMISSIONER SCHIFFER: But --
MR. SAADEH: This is the height of the berm
with the pictures I just showed you. And I'd be
happy to take you out there and drive you over.
CHAIRMAN STRAIN: I think he's referring to
the toe of the slope of the berm as it moves east
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and west.
COMMISSIONER SCHIFFER: Right. And my point
is that you could push that in, Bob. I mean, just
based on the pictures you've given me. I think
probably the top of the berm is certainly not in
the middle. It looks further towards where you
want to build. But you could get a building,
especially a building of this height, back into
that berm.
And again, in Florida we're so used to flat
sites we can't imagine, you know, building
something into a hill. But the rest of the world
does build a lot of nice structures into the hills.
And it would obviously have a retaining wall.
Anyway, just, you know, that study I don't
think was ever done. And that would have been fair
to the neighbors to try to make it work out without
this problem. But anyway, I was done before.
CHAIRMAN STRAIN: Any other questions of the
applicant?
Mr. Kolflat?
COMMISSIONER KOLFLAT: Yes, some of the
requirements that the LDC cause upon us includes
whether it's an unnecessary hardship. In other
words, you're maintaining or you believe that you
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have an unnecessary hardship if you don't follow
the setbacks; is that correct?
MR. SAADEH: Yes, sir. I don't want to tear
down a berm and landscaping that's been there for
23 years. I mean, that's the number one reason.
And plus there is -- in our view there is
definitely no impact on anybody next door, because
they've been there for all these years and nothing
changed. I'm not adding zoning, I'm not changing
zoning or use, I'm just expanding an existing
facility that was there before the project was ever
built.
COMMISSIONER KOLFLAT: But what I visualize
and what I see is that there is no legal
unnecessary hardship in this case.
Now, the question of course comes to mind is
what constitutes a legal unnecessary hardship. In
trying to find the standard and the definition of
that, I did some research, and I found that our
County Attorney has defined this for us, as well as
the BCC. For purpose -- and I quote now from our
County Attorney: For purposes of supporting a
zoning variance, a legal hardship will be found to
exist only in those cases where the property is
virtually unusable or incapable of yielding a
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reasonable return when used pursuant to the
applicable zoning regulations.
And you maintain now that you have an
unreasonable hardship; is that correct?
MR. SAADEH: I'm maintaining right now that
it's the least offensive option to put it where
we're requesting to put it versus to tear down a
berm, with the understanding that under current
rules that the county has today I would not need to
have near the setback that I'm providing right now.
COMMISSIONER KOLFLAT: But you don't meet this
requirement in the LDC. Because I don't believe
it's a legal hardship that you have.
MR. SAADEH: The requirement of the LDC,
unfortunately my PUD supersedes the LDC. If that
wasn't the case, we wouldn't be here today.
KOLFLAT: Now, of course you're
the original developer for 20 years in this case,
and any asserted hardship that is self created by
the applicant, this includes the unusually shaped
parcel, location of the Curbside community
development, PUD setback requirements, et cetera.
You've had an opportunity to dictate that all
along, since you've been the original owner.
MR. SAADEH: Correct. But again, as things
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evolve with time -- I don't have a crystal ball to
foresee what happened. I'm sure nobody here knew
what was going to happen last year in the economy
or the year before.
COMMISSIONER KOLFLAT: But in light of this
definition of un -- legal unnecessary hardship, if
you cannot tell me what your hardship is and that
it is unnecessary, I find it hard to violate the
LDC.
MR. SAADEH: Well, my hardship is twofold:
One is removing a berm and existing facility that's
been there for 23 years just to account for a
setback that your own LDC does not require today
just doesn't make sense, with all due respect.
COMMISSIONER KOLFLAT: That doesn't make it
incapable of yielding a reasonable profit or
return.
MR. SAADEH: I would venture to say that a lot
more people and members of the club will be
impacted by removing the berm than the few people
you have in this room today facing this petition
and going against it.
COMMISSIONER KOLFLAT: Well, don't bring up
the people in the room or what you've sent us,
because we haven't gotten any letters from anybody
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yet, apparently.
MR. SAADEH: No, but I mean, you have
registered speakers against this, and they have an
attorney, so --
COMMISSIONER KOLFLAT: That's all I had, Mark.
CHAIRMAN STRAIN: Mr. Murray, then
Mr. Wolfley.
COMMISSIONER MURRAY: Mr. Saadeh, would you
show us, please, at that map, show us where in the
morning and in the evening where the vehicles that
are currently used for maintenance travel, their
travel line to go out and do their thing.
MR. SAADEH: Well, some vehicles come up and
down this path and go to the north golf course,
because we have two courses. And the ones that
service the south golf course come out this way.
And there's a concrete path in here. They hug this
path and they go out to the southern golf course.
COMMISSIONER MURRAY: Thank you. Just remain
there if you would, please.
The distance from the current building to any
residence is approximately what, sir?
MR. SAADEH: I'm not 100 percent sure. Way
over 100 feet.
COMMISSIONER MURRAY: And on your proposed new
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building, what would the distance from any -- the
closest point of a building to any residence would
be?
MR. SAADEH: This dimension would be -- the
closest corner of the building to the closest
corner of the other building would be 80 feet.
COMMISSIONER MURRAY: Okay. The vehicles use
what type of fuel, sir?
MR. SAADEH: I think most mowers are either
gas or diesel.
COMMISSIONER MURRAY: Diesel or gas.
And is diesel or gas stored on your property
in the other current facility?
MR. SAADEH: This is the fuel facility that we
have on the property, and it's not proposed to be
changed. It will remain right here.
COMMISSIONER MURRAY: And so now that new
building, the proposed building, would be for the
storage and maintenance of these buildings -- of
these vehicles?
MR. SAADEH: Storage and maintenance of
mowers, but no storage of chemical facilities or
the fuel. The fuel is supposed to be here, it
stays here. And the chemical component is a
portion of this building that's designed properly
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for that, that will stay there.
COMMISSIONER MURRAY: Thank you.
Would the -- at the end of the day when the
vehicles are being housed in the proposed new
building, would they be driving into the building?
MR. SAADEH: Yes, I'm sure --
COMMISSIONER MURRAY: So there's no door on
either side, it's just one entry and exit on one
side; am I correct?
MR. SAADEH: The proposed doors are on this
side. We could have easily -- we could easily add
a door on this side, if that makes a difference.
COMMISSIONER MURRAY: Well, I'm not one --
that's fine, but I want to find out. The vehicles
are going to drive into the vehicle -- I'm sorry,
into the building?
MR. SAADEH: That's correct.
COMMISSIONER MURRAY: And when they leave in
the morning, are they going to back out?
MR. SAADEH: I'm not sure what the --
COMMISSIONER MURRAY: Well, they're not going
to go in an arc, are they?
MR. SAADEH: I'm really not there on a daily
basis to seethe modem, how they operate. I'm sure
they either back out or turn around or something.
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I don't know the -- I mean, I don't know where
you're leading with this.
COMMISSIONER MURRAY: Well, I'm going to tell
you where I'm leading. My concerns are for glare,
noise, odor. Those are one of the other -- those
are some of the other characteristics that relate
to human beings and their dwellings.
And I recognize your perspective about seeing
the entirety and benefiting the whole, but just
like in democracy, one of tenets is the majority
has the obligation to protect the minority. And so
those four residents have essentially the same
rights as the rest of the folks.
My concern is, and I hope that I've led you
there for you to understand, is the smell, the
noise and during the course of a day if they're
performing maintenance, there's other noises
associated with it. So I' think that's part of
this.
Would you like to comment on anything I've
just related?
MR. SAADEH: As it's been for the last 22
years, again, the maintenance for -- the
maintenance equipment that services the south golf
course drive right by this line, by this wall, all
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the way out this way. So the traffic you're
talking about or the number of equipment you're
talking about or the noise you're suggesting or the
smell of fuel or whatever, it's already there now
and it's been there for 22 years, and not once did
we hear one complaint about it. I mean, it's
typical in this type of operation.
We do not have the type of heavy equipment
that -- we use regular mowers and we use, you know,
regular trim equipment that if they hand operate
it, they load them on one of these utility service
vehicles and they take them out on the course and
use them where they need to use them.
COMMISSIONER MURRAY: I appreciate that, and
I'm not going to get into a state of argument with
you, but I would just offer that a vehicle passing
by allows its penetration of annoyance for a brief
period, as opposed to something that is in a
cubicle or in a space has to back out, makes noise
that way and is stored there and there's inevitably
the smell of fuel.
That's just my view. And I'm just asking that
question, because that's a concern I'm sure you
have with respect to your neighbors. You want the
people who live there to be comfortable.
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MR. SAADEH: Sure. And we've done that for
all these years.
However, I'll say this: I'm kind of catching
a little bit of where we're going with this. The
mowers that we have, not one of them that I know
would have a beeping sound on a reverse cycle.
Those sounds are more associated with heavier type
equipment, like big back hoe or a big loader or
anything that when you put it in reverse it gives
you that beeping sound.
The mower is just a mower. You put it in
reverse, you put it forward, it's the same sound,
the motor's the same. It doesn't have that extra
sound that we might be suggesting here.
COMMISSIONER MURRAY: I think that's an
excellent point for you to have made.
But my last question then has me provoked,
which is a good question, I think. Looking at that
picture, are those all mowers that we're looking
at?
MR. SAADEH: Mowers and tractors. Tractors
are used for mowing, that's what we use them for.
COMMISSIONER MURRAY: All right. I'm looking
at what I thought I saw here where there's tractors
here, and looks like other type of maintenance
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vehicles.
MR. SAADEH: We have one back hoe and that
doesn't get used on a regular basis, it's if we
have a leak or if we have to dig a hole when a
water line bursts. But that doesn't get used daily
or even sometimes weekly.
And I can see that this vehicle, if it bothers
you, we'll put in the other building.
COMMISSIONER MURRAY: Okay. I will stop now
with regard to that. But I thought it was
important for you to appreciate that. That is
something that has to be a concern.
MR. SAADEH: No problem.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Something came up when
Mr. Kolflat was questioning the hardship issue.
And what came to me is I had a job for 10 years
where I contracted with developers, and I've had an
opportunity to visit many, many golf course
communities and their of course maintenance
facilities. Some lease, some own their equipment.
And what I look at is if I lease a car, I'm
probably not going to take as good of care of the
car as I am something that I own. In other words,
the equipment, they're probably keeping the leased
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equipment outside and they want to keep the
equipment that we own inside so that it will last
longer. I don't know if that's a hardship.
But when I was reading through this, that's
what I took away from it. And I just -- I looked
at that as a hardship, a financial hardship. So I
just wanted to comment on that.
And I'm going to have to disagree with you,
Mr. Murray, that a portion of the people have to
support the other. I don't think that's democracy,
that's communism.
COMMISSIONER MURRAY: It's actually our
constitution.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Yeah, I don't want to
get caught in between the both, but I do agree with
you as far as the maintenance sheds. There's going
to be a building put up here, it's just a matter of
where it's going to go. And the further out it
goes, the closer it is towards the berm. And I do
feel there is a hardship with that, because of the
economy. And leasing versus ownership, I thought
the exact same thing as you, if you lease a vehicle
you just park it outside in these temporary sheds.
But if you want to own them and maintain them --
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equipment outside and they want to keep the
equipment that we own inside so that it will last
longer. I don't know if that's a hardship.
But when I was reading through this, that's
what I took away from it. And I just -- I looked
at that as a hardship, a financial hardship. So I
just wanted to comment on that.
And I'm going to have to disagree with you,
Mr. Murray, that a portion of the people have to
support the other. I don't think that's democracy,
that's communism.
COMMISSIONER MURRAY: It's actually our
constitution.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Yeah, I don't want to
get caught in between the both, but I do agree with
you as far as the maintenance sheds. There's going
to be a building put up here, it's just a matter of
where it's going to go. And the further out it
goes, the closer it is towards the berm. And I do
feel there is a hardship with that, because of the
economy. And leasing versus ownership, I thought
the exact same thing as you, if you lease a vehicle
you just park it outside in these temporary sheds.
But if you want to own them and maintain them --
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and as far as the vehicles going by, they have the
mowers going by right now all day every day anyway,
so that's not going to change.
CHAIRMAN STRAIN: Okay, are there any --
Ms. Homiak?
COMMISSIONER HOMIAK: Could you put the
picture up that has the proposed building site and
existing berm buffer?
MR. SAADEH: Sure.
COMMISSIONER HOMIAK: The little storage
building on the top that has the dumpster in it.
CHAIRMAN STRAIN: You know, Cherie', after
today my fast talking to you is going to be slow.
COMMISSIONER HOMIAK: Is that lower green
portion there, that's where the building is going
to go? So it is going to be right up to the berm?
MR. SAADEH: Yes, ma'am, the -- actually, the
building will go back to the berm as possible. And
that's also triggering the building of a small
retaining wall to the back of the building to
protect it from the toe of the berm. So as far
back as we can push it. I mean, it can't push
anymore than that.
COMMISSIONER HOMIAK: And you're trying to
keep the asphalt area --
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and as far as the vehicles going by, they have the
mowers going by right now all day every day anyway,
so that's not going to change.
CHAIRMAN STRAIN: Okay, are there any --
Ms. Homiak?
COMMISSIONER HOMIAK: Could you put the
picture up that has the proposed building site and
existing berm buffer?
MR. SAADEH: Sure.
COMMISSIONER HOMIAK: The little storage
building on the top that has the dumpster in it.
CHAIRMAN STRAIN: You know, Cherie', after
today my fast talking to you is going to be slow.
COMMISSIONER HOMIAK: Is that lower green
portion there, that's where the building is going
to go? So it is going to be right up to the berm?
MR. SAADEH: Yes, ma'am, the -- actually, the
building will go back to the berm as possible. And
that's also triggering the building of a small
retaining wall to the back of the building to
protect it from the toe of the berm. So as far
back as we can push it. I mean, it can't push
anymore than that.
COMMISSIONER HOMIAK: And you're trying to
keep the asphalt area --
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MR. SAADEH: The some of the asphalt is going
to --
COMMISSIONER HOMIAK: -- seep through into
that a little bit.
MR. SAADEH: Yes, some of the asphalt's going
to be part of the actual foundation.
COMMISSIONER HOMIAK: So you're right in that
kind of dug out area.
MR. SAADEH: Right.
COMMISSIONER HOMIAK: Looks like.
MR. SAADEH: I mean, if you notice on this
picture, this is some of the asphalt that will be
the footer of the building itself. And some of the
grass on that back. And so we're eating some of
the asphalt as well.
COMMISSIONER HOMIAK: Okay, thank you.
CHAIRMAN STRAIN: Okay, does anybody else have
any -- Mr. Kolflat?
COMMISSIONER KOLFLAT: Yes, for my colleagues,
I want to assure you that what I was reciting as
far as the legal necessary hardship was not my
definition whatsoever, it's the definition of our
County Attorney, and I think he has some
credibility in that area making a definition.
COMMISSIONER WOLFLEY: A bit.
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CHAIRMAN STRAIN: Is there any other questions
of the applicant from anybody on this panel?
(No response.)
CHAIRMAN STRAIN: Okay, with that we'll have
staff report.
Thank you, Mr. Saadeh.
MR. SAADEH: Thank you.
CHAIRMAN STRAIN: And you'll have an
opportunity to come back and rebut at the end of
the public discussion.
MR. SAADEH: Thank you very much.
MR. MOSS: Thank you, Commissioner. For the
record, John -David Moss, Department of Zoning and
Land Development Review.
Staff is recommending approval of both of
these variances. There is the 15.4 -foot setback
variance for the building, and also a landscape
variance. Normally a 10 -foot wide landscape buffer
would be required adjacent to the existing buffer.
And staff is allowing -- or recommending that the
applicant be allowed to provide this buffer in two
separate areas, as he's able. And then also the 14
canopy trees that would normally be required to be
planted in these two buffer yards.
With regard to the petition, staff took a
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holistic approach to the request when we were
evaluating it against the criteria of the I.DC. And
I just wanted to point out that the proposed
building is stipulated to be only 15 feet in
height. The PUD allows heights in this golf course
district to be three stories over parking, so it's
approximately 40 to 45 feet. And staff thought
that -- and the reason that the PUD anticipated a
50 -foot setback was because these heights were so
great. And staff felt that with the applicant
willing to limit the height to only 15 feet, that a
15 -foot setback would be adequate, since the most
conventional comparable zoning district, the golf
course zoning district, doesn't have any setback
requirements for golf course maintenance
facilities.
I'd also like to point out that there is an
existing vegetative buffer on the adjacent
property, and there are pictures of it included in
your staff report. And I think Mr. Saadeh has
presented some to you today. This canopy is
16 feet in height. And so obviously the proposed
building is not going to protrude above the canopy
like a 40 to 48 -foot building would. So it seemed
to staff that this would be something that would be
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amenable to everyone involved.
Staff also didn't want the applicant to remove
the berm because of the public benefit it provides,
not only to the members of the Vineyards Country
Club who pass by it, but also to the adjacent
neighbors who are opposing the project, because it
presents really an attractive view from their
units. And so if it were removed and a 48 -story
(sic) building put up, it seems like no one would
win in that situation. But it is something that
Mr. Saadeh is certainly entitled to do according to
the PUD document.
I'd also like to add that I hadn't heard until
today that lighting might be an issue, but we can
certainly include a stipulation in the resolution,
if this petition gets approved, limiting the
lighting that's allowed on the site or the hours of
operation of the lighting, that sort of thing. So
that is definitely an impact that can be mitigated.
And that's all I have. I'll be happy to
answer any questions you might have.
CHAIRMAN STRAIN: Okay, Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: J.D., you're
recommending approval. I presume then you agree
this is a hardship.
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MR. MOSS: Yes. And I would like to point out
that the criteria that are outlined in your staff
report, those are just general guidelines that you
are supposed to follow when you make
recommendation. They're not hard and fast rules,
you don't have to agree with everyone, but
generally those are the guidelines you're supposed
to be following. And so staff considered the berm
to be a hardship.
The berm was actually built 20 years ago when
there was a water plant on the site. And obviously
when the site was -- excuse me, when the whole
Vineyards PUD was able to connect to the county
water and sewer system, that plant was no longer
needed and it was removed.
But I just didn't see any point in having the
applicant destroy this beautiful berm when he's not
even proposing a building that's going to be 40 to
48 feet.
COMMISSIONER VIGLIOTTI: I agree with you
totally, to move that berm just wouldn't make any
sense. And I live there and I go up and down that
all the time. And to move that berm I do consider
a hardship.
CHAIRMAN STRAIN: Anybody else?
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Ms. Caron, then Mr. Schiffer, then Mr.
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COMMISSIONER CARON: In your global look at
this variance, did you ask yourself why anybody
would build a 48 -foot building for -- to house a
tractor or a lawnmower?
MR. MOSS: No, I -- of course I didn't look at
that. I looked at the application that was
presented. All I'm saying is he was entitled to
build a story with a maximum height of up to
48 feet. He could provide parking underneath the
building, he could do something above it, I don't
know. But I looked at the application as it was
proposed and it seemed to me that this was an
outcome that would benefit everybody.
CHAIRMAN STRAIN: Okay, Mr. Schiffer, then Mr.
Kolflat.
COMMISSIONER SCHIFFER: John, in the original
PUD, what was this land area culled out to be?
MR. MOSS: It was culled out as a utility
tract. It was supposed to be for the -- and it did
serve as a water treatment plant.
COMMISSIONER SCHIFFER: Did that have
requirements, developments standards in it?
MR. MOSS: It did, but the PUD was amended and
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those were all removed.
COMMISSIONER SCHIFFER: And at that time this
was transferred into a golf course use.
MR. MOSS: Yes, the PUD document was amended.
This portion was converted to golf course use and
the portion below it was converted to residential
use, which is the Clubside Reserve which that's
adjacent to it now.
COMMISSIONER SCHIFFER: So this is the
appropriate category.
MR. MOSS: Yes.
COMMISSIONER SCHIFFER: You know, you're
testifying that we have to tear down the berm. I
mean, that's an absolute? Has anybody ever
realized that you could go into the back of the
berm? Right now he's at the toe of it. He could
go in a little bit, a little bit. The pictures
show it's pretty ragged on the back side. So why
aren't we building a wall -- looks like the berm's
pretty tall. Looks like you would get essentially
the wall of a one -story building into the back of
this berm without affecting the aesthetics from the
other side at all.
MR. MOSS: Yeah, I don't know how the root
systems of the trees would be impacted if too much
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of the berm were removed. But certainly some of
the berm could be removed. And some of it is
proposed to be removed and a retaining wall
constructed so it doesn't slide down.
COMMISSIONER SCHIFFER: A tiny bit.
MR. MOSS: A tiny bit.
COMMISSIONER SCHIFFER: we have the drawings
that show.
I mean, so, you know, we can't go around
saying it's the berm or this building, because it
really isn't. In other words, there really is the
ability to do a building on this site and not
destroy the berm.
MR. MOSS: I don't know that, no.
COMMISSIONER SCHIFFER: well, I mean, but
you're asking us to do a variance. And you're
saying that there is no hardship that this berm, a
20 -year old berm -- first of all, if we made a
mistake today it would be cured in 20 years by the
proof that you could -- it takes 20 years to make
something that valuable.
But, I mean, don't you think it's important to
have those studies before we -- a variance is a
precious thing. That's my problem. I mean,
honestly, if he was in here to amend the PUD to
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allow utility buildings on a golf course and had
all these little setback issues, I would probably
be much more --
MR. MOSS: No, you're absolutely right, it
would be nice to have that information. But we
don't have it and so I can't say how much of the
berm can be removed before you're actually
destroying the vegetation that's planted on it. I
don't know.
COMMISSIONER SCHIFFER: And remember the
precedent we do here. I mean, this is a site that
they determined the shape, they put a berm on it
themselves and now the berm is a hardship, a
hardship that's normally used for, you know, some
rock outcropping up north or something, you know.
Anyway, when you go through the analysis, I
actually don't agree with some of these. First of
all, I don't think there's special conditions
because he essentially created those special
conditions.
But you did say -- I mean, he can use the
property, it's just solely based on the design of
this inexpensive metal --
MR. MOSS: Right, he's not going to lose --
COMMISSIONER SCHIFFER: -- building is his
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hardship. He wants -- in other words, he can't get
• cheap inexpensive metal building in there without
• variance.
MR. MOSS: Well, what he told me was that he
was unable to accommodate the equipment that he has
in a smaller building. Because that was my first
recommendation is that a smaller building be
constructed that wouldn't require any sort of
encroachment into the setback yard. But he said he
needed a building of that size in order to fit all
the equipment that he has. And he was renting the
equipment, or he has been renting the equipment,
and as soon as he has a place to store it, he's
actually going to be buying it and wanting to take
better care of it, like Commissioner Wolfley had
mentioned, since he's actually going to be owning
it rather than renting it.
COMMISSIONER SCHIFFER: And a land use
variance is based on the ownership or rental of
equipment?
MR. MOSS: No, no, no, I didn't --
COMMISSIONER SCHIFFER: That's what you're
saying.
MR. MOSS: No, I'm not.
COMMISSIONER SCHIFFER: You just said that,
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you know --
MR. MOSS: I'm just saying that's why he says
he needs a building that large. Because I asked
him why he couldn't build a smaller building, and
that was the reason he gave me.
COMMISSIONER SCHIFFER: Well, there's no proof
here that he can't build a building with the exact
same square footage if he goes into the berm and
makes the shape not a square shape.
MR. MOSS: That's true, we don't have that --
COMMISSIONER SCHIFFER: I mean, he could still
use metal construction.
MR. MOSS: -- information.
COMMISSIONER SCHIFFER: So, I mean, you know,
there has to be a burden on a variance for us,
because we can't set a precedence where somebody,
just because they don't want to do something, that
becomes a reasonable variance.
MR. MOSS: No, I accepted his testimony that
he needed a building of that size.
COMMISSIONER SCHIFFER: And that exact shape.
MR. MOSS: No, not of that exact shape, but of
that size.
COMMISSIONER SCHIFFER: Because there is no
testimony that you can't build a building of that
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size on the site.
MR. MOSS: No, there's not, there's not.
COMMISSIONER SCHIFFER: And I'm not so sure
you can't.
I guess I'm done -- well, let me just go to
the issue. The issue of the site, the setback.
You're comfortable that he does not need any
setback? Because now that he's golf course, the
only reference to any kind of setback in the golf
course zoning is the distance from a residential
area.
MR. MOSS: Let me be clear. I'm not sure I
understand your question. The --
COMMISSIONER SCHIFFER: Well, I'm concerned
about that property line that's alongside the
building. You know, property line means something
in land use. It also means something in building
code. So you're comfortable that that's not
something that requires any kind of setback issue
in land use? Ray's nodding --
MR. MOSS: Ray says it's correct.
COMMISSIONER SCHIFFER: In the --
MR. BELLOWS: For the record, Ray Bellows.
You're talking about this tract line?
MR. MOSS: Oh, the side yard setback.
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COMMISSIONER SCHIFFER: It's not a tract line,
it's noted as a property line.
MR. BELLOWS: Or property --
MR. MOSS: Yes, yes.
COMMISSIONER SCHIFFER: And that means
something. It's a simple word, simple meaning.
MR. MOSS: Uh -huh.
COMMISSIONER SCHIFFER: The other question is,
in the PUD it states that the area between the
residential and the building has to be landscaped.
MR. MOSS: It doesn't say that it has to be
land -- oh, it does say it has to be landscaped,
but not that entire 50 feet.
COMMISSIONER SCHIFFER: How do you know?
MR. MOSS: Because then it wouldn't say that
no parking would not be permitted in there.
Because it goes on to say that. And if it were
implied that the whole thing was going to be
landscaped, then why would they say that parking
couldn't be permitted there?
COMMISSIONER SCHIFFER: Let me grab it real
quick.
It says no parking will be allowed in the
buffer. It says -- let me read the thing.
Building shall be set back a minimum of 50 feet
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from an abutting residential district, and the
setback area shall be appropriate (sic) landscaped
and maintained to act as a buffer zone. No parking
will be allowed in the buffer zone.
MR. MOSS: Right. And the appropriate buffer
zone in this case would be a 10 -foot wide buffer
with 14 canopy trees.
COMMISSIONER SCHIFFER: No, it's defining that
area as a buffer zone. It's not saying, you know,
in the future there's going to be a land use
element called a buffer and that's what --
MR. MOSS: I disagree.
MR. BELLOWS: For the record, Ray Bellows.
Staff has taken the position that the LDC
required buffer is the appropriate buffer, as
referenced by that language that you just cited.
MR. MOSS: Yeah, I think it would have been
more appropriate in the PUD document to call it a
setback yard. And I think whoever used the choice
of calling it a buffer yard has caused confusion by
it. But I don't think that was the intent that
that whole 50 feet needed to be buffered. Because
it just doesn't make sense that they would then say
that no parking would be allowed in that 50 -foot
buffer yard if it were supposed to be vegetative.
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COMMISSIONER SCHIFFER: I think they didn't
envision utility buildings when they wrote this, I
agree with that. They certainly don't envision,
you know, up above parking 45 feet.
But read what it says. It says, and shall be
appropriate (sic) landscaped and maintained to act
as a buffer zone. That's pretty precise to me that
that's the buffer.
MR. MOSS: A buffer zone, though, doesn't mean
that there's vegetative screening. A wall is a
buffer too.
COMMISSIONER SCHIFFER: But they're saying
that area, you've got to push the building back
50 feet and, by the way, that area in between there
is going to help buffer --
MR. MOSS: Is going to act as a buffer.
COMMISSIONER SCHIFFER: -- whatever you want,
you know, whether you put materials, it doesn't
have any landscape requirement, it doesn't have
wall requirement --
MR. MOSS: Right, that's why it seems like
it --
COMMISSIONER SCHIFFER: -- it says to have one
requirement, no parking.
MR. MOSS: Right. And that's why it should be
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called a setback yard in that document, not a
buffer yard.
COMMISSIONER SCHIFFER: But you're using
contemporary -- you know, we've since evolved our
code to have a buffer and you've actually taken the
contemporary buffer and trying to make it work in
that.
But enough said. I mean, I don't see how you
could come to that conclusion, but you're there.
Thank you.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: J.D., since I like you
so well, I want to share with you a memorandum that
I hope you'll read --
MR. MOSS: Okay.
COMMISSIONER KOLFLAT: This memorandum went to
the Board of County Commissioners from Jeffrey A.
Klatzkow through David C. Weigel, January 23rd,
2006 entitled variance law, general principles.
And you mentioned something about a necessary
hardship. That's covered in that particular
memorandum.
MR. MOSS: I mentioned that?
COMMISSIONER KOLFLAT: No, you mentioned a
necessary hardship, that you felt there was a
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necessary hardship.
MR. MOSS: I felt that there was a hardship.
COMMISSIONER KOLFLAT: Well, this contains a
definition of what constitutes a hardship.
MR. MOSS: Okay.
And all I want to point out is that these
criteria that are in the LDC are general guidelines
for you to follow. To approve a variance you don't
have to agree with every single one of them,
they're just general evaluative criteria for you to
follow.
COMMISSIONER KOLFLAT: And this memorandum is
guidelines for what we should do at these hearings.
MR. MOSS: Okay.
COMMISSIONER KOLFLAT: From our attorney.
MR. MOSS: Okay.
MR. BELLOWS: For the record, Ray Bellows.
Staff has reached its position and opinion and
rendered it in the staff report. The Planning
Commission can come to a completely different
finding and we'll note so, and it will be taken to
the Board of Zoning Appeals for a final hearing.
There's no reason that Planning Commission --
CHAIRMAN STRAIN: Well, we know the meeting's
justified and we'll continue with the process.
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Everybody will have their say when we vote.
Mr. Wolfley?
COMMISSIONER WOLFLEY: We have heard
Mr. Klatzkow's name used several times.
Could you please, Jeff, in your opinion,
describe this issue, this memorandum that you
wrote, and does it pertain to this and --
MR. KLATZKOW: Well, it pertains to all the
variances. I'll be happy to send you a copy of the
opinion.
COMMISSIONER WOLFLEY: Well, would you
articulate it now so everybody can hear? I mean,
was that -- how do you feel about that?
MR. KLATZKOW: If we're talking about the
issue of hardship, all right, the -- a legal
hardship typically requires a much higher standard
than typically we give in this county, okay? We
tend to give variances in this county when there's
no opposition, would it make sense to us. We
really don't focus on the hardship and we tend to
deny variances when there is a community revolt
against them. Again, we don't really look at the
hardships.
So customarily this county's approach to
variances is a bit different than what the legal
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standard is. Legal standard is going to come into
play should there be a challenge, you know, on a
denial. At which case it will be the petitioner's
legal need to show to the court that he had a legal
hardship here.
Now, I don't think he's going to be able to
show that, all right, under the legal standard.
But the way we've customarily done with variances
here and what the legal standard is on granting
variances are really two different things. The
legal variance is much, much more conservative than
what the county's been doing. Which is fine. But,
you know, we've got the right to do this.
CHAIRMAN STRAIN: Okay, Mr. Wolfley, anything
else?
COMMISSIONER WOLFLEY: Yeah, sort of.
So do you agree with Mr. Kolflat's position in
this case, this particular case?
CHAIRMAN STRAIN: Mr. Kolflat simply read the
memo.
COMMISSIONER WOLFLEY: I know.
CHAIRMAN STRAIN: Do you disagree with your
memo or do you agree with your memo?
MR. KLATZKOW: No, I agree with my memo.
But what I'm telling you is that, you know,
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you need to hear these things and hear all the
evidence, you know, weigh everything and then make
a recommendation to the Board of County
Commissioners. That's all.
CHAIRMAN STRAIN: Right.
COMMISSIONER VIGLIOTTI: Staff approved this
and County Attorney must have approved this so it
got to here. So evidently everybody is in
agreement.
MR. KLATZKOW: well, let's understand that,
you know, staff has the application by the
petitioner in front of it, okay. Staff does not
have the testimony that we haven't heard yet from
the community, you know, at this point in time.
So, you know, staff's opinion -- staff's opinion's
at a moment in titre, all right.
Now, they don't have the benefit of hearing
what the testimony is going to be here, and Lord
knows, looks like we're going to get some testimony
here against this thing.
And then we'll have to see. I mean, staff may
rethink its opinion after it hears everything, I
don't know.
COMMISSIONER SCHIFFER: Mark, can I --
CHAIRMAN STRAIN: Sure, go ahead -- well,
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Mr. Wolfley, are you finished?
COMMISSIONER WOLFLEY: I am done, thank you.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Well, one thing Bob
just said is when you -- the County Attorney never
approves these applications, you accept it for --
COMMISSIONER MURRAY: Form.
COMMISSIONER SCHIFFER: -- substance and form,
right? So when you say that the staff approved it
and the County Attorney approved it, two different
weights, two different things. So --
MR. KLATZKOW: We're not a decision maker. We
don't render opinions on that.
CHAIRMAN STRAIN: Are there any other
questions of staff at this time?
(No response.)
CHAIRMAN STRAIN: Okay, thank you, J.D.
Ray, before we call public speakers, how many
public speakers do we have?
MR. BELLOWS: We have nine registered
speakers.
CHAIRMAN STRAIN: And there may be more on the
register -- unregistered. And one of those is Tony
Pires.
MR. BELLOWS: He's the first one.
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CHAIRMAN STRAIN: Okay, shortest one is first,
It's the decision for the Planning Commission
we will -- by that many public speakers, we'll
certainly be going past noontime. We have people
who are going to be showing up here at noon
thinking we're done. We won't be. We can take our
hour now, be back here at 12:30, then continue with
this. Because we probably got another hour at
least before this is wrapped up. And then we can
go on to the next one if that -- and that kind of
will
let
the people
know when they come back we're
still
in
session.
Mr. Murray?
COMMISSIONER MURRAY: Could we ascertain the
estimate that Mr. Pires might want to take? That
might theoretically take us right up to the 12:00
point.
CHAIRMAN STRAIN: Well, he's not going to be
taking a half an hour, I can assure you of that.
COMMISSIONER MURRAY: I don't know.
CHAIRMAN STRAIN: No, I can assure you that.
You know, Tony can be allocated some time
because he's a member of the public and he's
representing a constituency, but a half an hour's
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out of the question, especially when there's a
series of other people who want to speak as well.
Regardless, we're going to continue this one
till after lunch. And if we come back at 1:00
versus 12:30, I'm just thinking of the people that
are going to start showing up here at noon. So
does anybody have any objection to breaking now?
COMMISSIONER VIGLIOTTI: No, I'd say we break
now.
CHAIRMAN STRAIN: Okay, we're going to break
for a one -hour lunch. we'll be back here at 12:30
to resume on this particular variance issue. Thank
you.
(Luncheon recess.)
CHAIRMAN STRAIN: Okay, Ray, thank you. And
welcome back from our lunchtime. Now, let me
explain to you all what happened for the people
from Naples Bath and Tennis. We told you we
wouldn't start your issue before noon. Well, we
can guarantee you that. The one preceding you
which has about the same amount of public interest
as yours, we are now approaching the time we are
going to hear from the public in that regard.
After that then we will have further discussion, a
rebuttal by the applicant, and then finally a
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out of the question, especially when there's a
series of other people who want to speak as well.
Regardless, we're going to continue this one
till after lunch. And if we come back at 1:00
versus 12:30, I'm just thinking of the people that
are going to start showing up here at noon. So
does anybody have any objection to breaking now?
COMMISSIONER VIGLIOTTI: No, I'd say we break
now.
CHAIRMAN STRAIN: Okay, we're going to break
for a one -hour lunch. we'll be back here at 12:30
to resume on this particular variance issue. Thank
you.
(Luncheon recess.)
CHAIRMAN STRAIN: Okay, Ray, thank you. And
welcome back from our lunchtime. Now, let me
explain to you all what happened for the people
from Naples Bath and Tennis. We told you we
wouldn't start your issue before noon. Well, we
can guarantee you that. The one preceding you
which has about the same amount of public interest
as yours, we are now approaching the time we are
going to hear from the public in that regard.
After that then we will have further discussion, a
rebuttal by the applicant, and then finally a
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decision from this board.
So we still have a little time to finish up on
the first one. Right after that we'll go straight
into Naples Bath and Tennis Club.
And I have one housekeeping matter.
Mr. Hancock?
MR. HANCOCK: Mr. Chairman, Commissioners, Tim
Hancock. I'm representing Teryl and Pawel Brzeski
with the Magnolia Pond PUD amendment.
Based on the track of your schedule today, it
looks as if there's a minimal chance we might even
get heard during the regular hearing today, so I
would like to offer, I think it's in everyone's
interest to continue our petition to the
January 7th meeting. if it's your desire, we'd
be --
COMMISSIONER MURRAY: So moved.
MR. HANCOCK: -- happy to do that.
CHAIRMAN STRAIN: I think that's -- and we
certainly thank you for that offer. Because I
don't think we're going to get through with the
third one today. Well, we'll get through it but
we're not -- certainly I doubt we get to yours,
so --
MR. HANCOCK: If I get credit for being
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gracious when it doesn't matter, I'll accept that.
CHAIRMAN STRAIN: And we'll continue to the
first up on the next agenda in January; is that in
agreement with the --
COMMISSIONER KOLFLAT: So moved.
CHAIRMAN STRAIN: -- Planning Commission?
Made by Commissioner Murray, seconded by
Commissioner Kolflat.
All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Tim, thank you very much.
MR. HANCOCK: I thank you.
COMMISSIONER CARON: And thanks for wearing
the green jacket.
CHAIRMAN STRAIN: And with that, we left off
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at the beginning of the public participation in the
variance for Vineyards. And I think Tony wanted to
be the first person to speak. Is that what you
have on your sheet?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Don't be shy, Tony.
MR. BELLOWS: The first speaker, Tony Pires,
to be followed by David Pink.
MR. PIRES: Thank you, Mr. Chairman, members
of the Planning Commission. Tony Pires with the
law firm of Woodward, Pires and Lombardo,
representing the Clubside Reserve Condominium
Association, a residential community established --
well established community immediately adjacent to
and south of the subject property.
Mr. Chairman, if I could with your indulgence
and that of the board take about two minutes to set
up a model that was created by one of the residents
that will be today.
CHAIRMAN STRAIN: Go right ahead, sir.
MR. PIRES: Thank you.
CHAIRMAN STRAIN: We'll watch you to make sure
you put it together right.
MR. BELLOWS: It wouldn't be Christmas if you
didn't assemble something.
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at the beginning of the public participation in the
variance for Vineyards. And I think Tony wanted to
be the first person to speak. Is that what you
have on your sheet?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Don't be shy, Tony.
MR. BELLOWS: The first speaker, Tony Pires,
to be followed by David Pink.
MR. PIRES: Thank you, Mr. Chairman, members
of the Planning Commission. Tony Pires with the
law firm of Woodward, Pires and Lombardo,
representing the Clubside Reserve Condominium
Association, a residential community established --
well established community immediately adjacent to
and south of the subject property.
Mr. Chairman, if I could with your indulgence
and that of the board take about two minutes to set
up a model that was created by one of the residents
that will be today.
CHAIRMAN STRAIN: Go right ahead, sir.
MR. PIRES: Thank you.
CHAIRMAN STRAIN: We'll watch you to make sure
you put it together right.
MR. BELLOWS: It wouldn't be Christmas if you
didn't assemble something.
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MR. PIKES: I could possibly handle the card
table.
COMMISSIONER VIGLIOTTI: This reminds me of
show and tell.
MR. KLATZKOW: He's trying to pull a rabbit
out of his hat.
CHAIRMAN STRAIN: Everybody that is caning up
to speak, we were all sworn in earlier, so
everybody is still under oath. I just wanted to
make a reminder as a request from the court
reporter. Thank you.
Boy, it's a good thing attorneys aren't
engineers.
MR. PIKES: I don't have my Handy Mandy or my
Bob the Builder to put it together.
CHAIRMAN STRAIN: You're not going to get one.
MR. PIRES: I don't blame you.
Again, I represent the Clubside Reserve
Condominium Association. And again, thank you all
for taking the time to consider this application
and also take the time to consider the position of
my clients on this particular -- because they are
immediately adjacent to and adversely affected by
this particular project.
We have a number of residents who have arrived
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here today, taking the time out of their day as you
take the time out of your day. If you all could
stand from Clubside Reserve who are here and in
opposition to and to show their support for the
opposition to this project. Thank you.
Some of them are registered to speak. And I
believe you have a number of a -mails hopefully that
were sent to you by some of the residents, again,
expressing their opposition to this project.
And some of the people may be passionate about
their opposition to this project, and so we wish
that you bear with them if they do become
passionate. Because after all, it is their
community, their quality of life that would be
impacted by this needless variance request.
There might be others also that were not
available to be present today and may, with the
Chairman's indulgence, a particular speaker may
request that a letter be read into the record and
made part of the record. And we defer to the
Chairman as to that particular protocol.
The model is not one that I created,
obviously, you can tell by the way I maneuvered it,
but by Ellen watt. And it's a one - eighth inch
scaled model of this area. And during the course
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of the presentation, some of the speakers may be
referencing the model in referencing various
aspects of this particular project.
For the record, I've previously provided to
the Planning Commissioners and to staff a copy of
my letter indicating various aspects of opposition,
and I have extra copies to provide to the court
reporter to be made part of this record.
And what I would request at the end of this
conclusion of today's hearing, prior to the hearing
before the Board of zoning Appeals, is that the
custody of that exhibit that we prepared, that I be
authorized to maintain it in my office. As a chain
of custody and as an officer of the court I will
maintain its integrity and make it available for
viewing during normal business hours for anybody
that wants to come visit and view it, take
photographs, measurements, et cetera.
CHAIRMAN STRAIN: Mr. Klatzkow, do you have
any objection to that?
MR. KLATZKOW: Do you want it in your house?
CHAIRMAN STRAIN: No -- well, it would look
good under my Christmas tree as something for my
kids to play with. Anyway, no, I think we're okay.
MR. KLATZKOW: Okay then.
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of the presentation, some of the speakers may be
referencing the model in referencing various
aspects of this particular project.
For the record, I've previously provided to
the Planning Commissioners and to staff a copy of
my letter indicating various aspects of opposition,
and I have extra copies to provide to the court
reporter to be made part of this record.
And what I would request at the end of this
conclusion of today's hearing, prior to the hearing
before the Board of zoning Appeals, is that the
custody of that exhibit that we prepared, that I be
authorized to maintain it in my office. As a chain
of custody and as an officer of the court I will
maintain its integrity and make it available for
viewing during normal business hours for anybody
that wants to come visit and view it, take
photographs, measurements, et cetera.
CHAIRMAN STRAIN: Mr. Klatzkow, do you have
any objection to that?
MR. KLATZKOW: Do you want it in your house?
CHAIRMAN STRAIN: No -- well, it would look
good under my Christmas tree as something for my
kids to play with. Anyway, no, I think we're okay.
MR. KLATZKOW: Okay then.
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of the presentation, some of the speakers may be
referencing the model in referencing various
aspects of this particular project.
For the record, I've previously provided to
the Planning Commissioners and to staff a copy of
my letter indicating various aspects of opposition,
and I have extra copies to provide to the court
reporter to be made part of this record.
And what I would request at the end of this
conclusion of today's hearing, prior to the hearing
before the Board of zoning Appeals, is that the
custody of that exhibit that we prepared, that I be
authorized to maintain it in my office. As a chain
of custody and as an officer of the court I will
maintain its integrity and make it available for
viewing during normal business hours for anybody
that wants to come visit and view it, take
photographs, measurements, et cetera.
CHAIRMAN STRAIN: Mr. Klatzkow, do you have
any objection to that?
MR. KLATZKOW: Do you want it in your house?
CHAIRMAN STRAIN: No -- well, it would look
good under my Christmas tree as something for my
kids to play with. Anyway, no, I think we're okay.
MR. KLATZKOW: Okay then.
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MR. PIRES: Thank you for that particular
consideration.
Once again, I think what's important in here,
we have a number of issues in the presentation from
a couple different aspects. One, some background.
The PUD language itself, the application and the
staff report.
And we believe that the pointed issues
involved in this particular matter are number one,
we believe no variances from the PUD required
setbacks should be granted. No variance from the
PUD required buffering requirements should be
granted without full compliance with the buffering
requirements. The Clubside owners and residents
will be adversely affected by the activities in and
around the proposed maintenance building that is
not pursuant to the application, solely limited to
golf course maintenance.
The staff report talks about this building
being a golf course maintenance building. The
application talks about a golf course and landscape
maintenance building. And this site is zoned golf
course and it is to be accessory to the golf course
operation.
We also assert in part of the discussion that
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you all have had, there is no legally recognizable
hardship. One area of agreement we do have for the
staff report, and the staff has a statement in the
staff report that if the setback variances were not
approved, the petitioner would still have
reasonable use of the land. That's at Page 6 of 9
of the staff report.
And I think that's critical. Even the staff
acknowledges they can still use it.
You don't have to tear down the berm.
Hyperbole, exaggeration, and embellishment.
According to the staff report itself, the current
berm's about 60 to 70 feet in width, based on some
of the documents we previously provided to you.
And we'll show them on the ELMO. And based upon
the staff report, I believe Mr. Moss referenced
that if it wasn't able to be developed, we'd talk
about 1,500 square feet at page -- in the staff
report it states if the variances were granted,
approximately 1,500 square feet of the building
will encroach into the southern, i.e. adjacent,
residential project setback area.
Therefore, the most the applicant is impacted
by building pursuant to the setbacks, he can build
a 7,500 square foot building without encroaching
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further into the berm versus a 9,000 square foot
building, a reduction in square footage of
17 percent.
And what you end up then is a total of about
19,500 square feet of buildings for maintenance
activities, counting the existing golf course
maintenance building that's currently there.
Also we believe, and part of the discussion I
think is borne out, and we have additional
documentation to support that any hardship
asserted, and we dispute that there is any, that
exists from a variance perspective is solely
self- created by the applicant /developer. This
developer has been the sole developer of the
Vineyards and a prime developer since its
inception, has controlled the zoning of this
property and zoning of the community.
I think if you recall, based upon prior
discussions involving variances, the asserted
special conditions peculiar to a parcel cannot
result from the actions of the applicant. That's
exactly what we have here. It's not a situation of
there being erosion resulting from a river bed or
spring or creek eroding or from washouts from
storms or from some other natural non self- created
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situation or some governmental action. This is --
the asserted special conditions results solely from
the actions of the applicant. Self- created
hardship cannot constitute a basis for any variance
for multiple variances. That's the law in the
State of Florida, I would submit.
Granting the requested variances for the
maintenance facility and its attendant obnoxious
activities will be at the expense of the adjacent
residential community.
Some background. As I mentioned before and
you heard some of the discussion by Mr. Saadeh in
his presentation, the owner and applicant is the
original developer of the Vineyards. Any asserted
hardship results solely from its development
activities over the last 20 years. The
applicant /developer created the berm.
The purpose of the berm, and Mr. Saadeh
indicated that, was to buffer the surrounding
properties from the view of the utilities' site.
The applicant, in this case the developer, in
1995 with an insubstantial change to the master
plan for the Vineyards PDI -95 -1, changed the master
plan and created this parcel. This parcel used to
be a golf course parcel. He changed it to a
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situation or some governmental action. This is --
the asserted special conditions results solely from
the actions of the applicant. Self- created
hardship cannot constitute a basis for any variance
for multiple variances. That's the law in the
State of Florida, I would submit.
Granting the requested variances for the
maintenance facility and its attendant obnoxious
activities will be at the expense of the adjacent
residential community.
Some background. As I mentioned before and
you heard some of the discussion by Mr. Saadeh in
his presentation, the owner and applicant is the
original developer of the Vineyards. Any asserted
hardship results solely from its development
activities over the last 20 years. The
applicant /developer created the berm.
The purpose of the berm, and Mr. Saadeh
indicated that, was to buffer the surrounding
properties from the view of the utilities' site.
The applicant, in this case the developer, in
1995 with an insubstantial change to the master
plan for the Vineyards PDI -95 -1, changed the master
plan and created this parcel. This parcel used to
be a golf course parcel. He changed it to a
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residential parcel. Therefore, you now have
residential abutting golf course. At the time the
change occurred in 1995, the maintenance building
that's there today existed. And it sits about
80 feet back from the property line beyond the
buffer.
That building then is consistent with the
buffering requirements outlined in the PUD.
So the developer changed the designation to
residential, resulting in the application of the
setbacks contained in the PUD. we don't look to
the LDC. I think we've heard that discussion. It
doesn't matter what some other golf course might
have. We're talking about this golf course. We're
talking about this PUD document. And we're talking
about a very specific setback and buffering
requirements
with full knowledge of the setback and
buffering requirements of Section 6.03.01 of the
PUD, because the developer's intimately
knowledgeable of the contents of the PUD, he
created the parcel, he created the adjacent
residential district resulting in the need on this
parcel to have a building setback 50 feet.
The applicant, in this case the developer,
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approved the Clubside Community development with
full knowledge of the PUD setback requirements on
the parcels to the north.
It is our position that clear and unambiguous
language of Section 6.03.01 of the ordinance -- of
the PUD ordinance requires this particular setback.
And I know Mr. Schiffer read some of the language.
I think it's important -- and again, we disagree
with staff on this. I've taken the liberty of --
excuse me, of highlighting a portion of the
language within the PUD.
I think what's important is that it says in
6.03.0l.B., buildings shall be set back a minimum
of 50 feet from abutting residential districts,
period. I mean, it says and, but -- that's one
concept.
Buildings shall be set back a minimum of
50 feet from abutting residential districts. And
we're here today on the building. And the setback
area shall be appropriately landscaped and
maintained to act as a buffer zone.
There's a -- the variance application in this
case is a request for two variances: One from the
building being set back a minimum of 50 feet and
another one from the 10 -foot landscaping
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requirement of the LDC.
I would submit to you there's a third variance
that's being requested but not being requested
that's at issue here, is that the setback areas
shall be appropriately landscaped and maintained to
act as a buffer zone. They don't want to put a --
between the building and the wall that currently
exists on my client's property, they don't want to
put a bush, they don't want to put a tree. If you
look at the site plan, it's all paving between the
building and the wall.
Bear with me, if I get that site plan. Well,
I'll go to the -- this is the site plan. This is
asphalt paving. This is the wall. This is the
Clubside property. In your packet you have a
proposed buffering. The buffering is on this side
of the golf cart path. And I'm not quite sure
where that landscaping -- how that achieves any
protection for the adjacent properties.
And then there's additional landscaping
proposed here, but none in this area. we have this
zone of nothingness, as far as barrenness, that is
not obviously a buffer and therefore not
appropriate landscape to maintain to act as a
buffer zone.
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And so this application is deficient from the
perspective that that particular variance is not
being requested.
Additionally, 6.03.01.A of the PUD, which is
on the visualizer, requires that overall site
design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets
and parking areas in location and treatment of
buffer areas. Again, we submit that is not and
does not comply with that particular requirement.
The petition itself. We have a concern that
the -- without providing any detail or support, the
applicant /developer has asserted a need for a 9,000
square foot golf course maintenance building in
addition to the existing 12,000 square foot golf
course maintenance building on the adjacent parcel
to house an undefined amount of maintenance
equipment, including landscape maintenance
equipment not accessory to the golf course.
The photograph that you saw and was submitted
in the packet that we provided to you was a
photograph submitted to your staff in response to a
question about what equipment will you store. I
count 12 to 14 pieces of equipment, and that's on
the north side of the existing maintenance
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And so this application is deficient from the
perspective that that particular variance is not
being requested.
Additionally, 6.03.01.A of the PUD, which is
on the visualizer, requires that overall site
design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets
and parking areas in location and treatment of
buffer areas. Again, we submit that is not and
does not comply with that particular requirement.
The petition itself. We have a concern that
the -- without providing any detail or support, the
applicant /developer has asserted a need for a 9,000
square foot golf course maintenance building in
addition to the existing 12,000 square foot golf
course maintenance building on the adjacent parcel
to house an undefined amount of maintenance
equipment, including landscape maintenance
equipment not accessory to the golf course.
The photograph that you saw and was submitted
in the packet that we provided to you was a
photograph submitted to your staff in response to a
question about what equipment will you store. I
count 12 to 14 pieces of equipment, and that's on
the north side of the existing maintenance
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building.
And part of the discussion that ensued this
morning was why not build part of the maintenance
facility, if you really need to store it, along
that northern edge and /or combine the buildings.
Again, you know, no need has been shown for a 9,000
square foot building. And no hardship has been
shown.
A hardship based upon a desire not to remove
an unstated amount -- because the application
doesn't even say how much of the berm has to be
removed other than the hyperbole, embellishment,
exaggeration of destroying the entire berm, a
60 -foot wide berm.
A hardship based upon a desire to not remove
an unstated amount of a developer installed berm
that only buffers the site from a driveway to the
north, golfers to the north and pushing a builder
closer to an established residential community is
not in our position and our way of thinking an
appropriate hardship.
Contrary to the statements in the petition,
there is no golf course maintenance facility on
this parcel. That's in the petition, it's stated
there as not true. The subject property is not
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surrounded by a large berm of three sides. There's
a berm on the north.
The berm remnant will not shield this proposed
building from views in all directions. The berm
remnant on the north and northwest portion does not
hide the proposed maintenance building from all
angles and views.
Again, the berm remnant is located to the
north and just will protect drivers going up to the
golf club. And again, we're not talking about
destroying the berm, we're talking 1,500 square
feet, if he really needs a 9,000 square foot
building.
What is not stated or provided in the
petition: Again, the berm located on the property
is a remnant of a much larger berm constructed by
the applicant /developer for the purposes of
buffering adjacent properties from an initial
developer owned /operated utility operation.
That's an aerial photograph from the Property
Appraiser's Office from 1995 where you see the
existing maintenance building to the north. It
looks like some retention ponds as the utility site
was closing down.
If you could zoom in a little more, Ray.
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And you can see the berm all the way around.
And that's why it was built. And the developer,
though, as I said in 1995 submitted through -- we
have the plans that were submitted by Coastal
Engineering consultant, I think on behalf of
Vineyards Development Corporation.
COMMISSIONER WOLFLEY: Let Ray do it.
MR. PIKES: Thank you, Ray.
You can see on there, the crosshatching
depicts the berm that was removed to accommodate
this development and leaving the remnant berm.
Again, that parcel line was created by the
developer, by this SDP and by PDI -95 -1.
And again, the dimensions, might be difficult
to read there, but it's approximately 60 to 70 feet
in width.
So then in developing the Clubside community,
the applicant /developer here approved removal and
removed most of the berm. Therefore, there's no
support for the applicant /developer's bare
assertion that the building site is needed.
So once again we don't believe there's any
hardship.
The burden's on the applicant to show that the
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requested variances conform strictly to the
county's Growth Management Plan, its elements and
objectives, as well as the conditions for the
granting of a variance outlined in the Land
Development Code.
In listening to -- and we don't believe any of
those have been achieved. In listening to the
conversation and the presentation by the developer
and the discussions back and forth with the
Planning Commission, I think what's helpful is and
supports our position, the developer said he had
the option for drawing the property line anywhere
they wanted to. They drew a property line which
had a relatively small area between the property
line and that berm. They created the condition.
we agree.
One other interesting aspect is this
discussion about they can go there three stories
over parking and that's why the 50 -foot setback was
required. There is no language in the PUD that
states that. And there is no differentiation in
height between the setback between a 10 -foot
building, a 20 -foot high building, a 30 -foot high
building. It's a 50 -foot setback as to this golf
course parcel for any buildings adjacent to a
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residential district.
And again, the existing building is 80 feet
away. People get smarter as time goes by. We
didn't realize, and my clients didn't realize that
the PUD did not allow any parking in the buffer.
You see some of the aerial photographs, parking has
been in that buffer for a long time. And to the
credit of Mr. Saadeh, when it was brought to his
attention recently, that parking has now been
removed.
You can see the parking was along here.
Again, it functioned as a buffer. It's such a
stringent -- you know, it's a strict requirement,
because you don't want to have an impact on the
adjacent residential properties, again, a fact well
known to the developer since he developed this
property and he created the situation.
I just probably have a few more comments,
Mr. Strain, if I may.
An important consideration is it has to be a
land- created hardship or land- resulting hardship,
and we do not believe there is one in this
particular case.
What's also interesting is the fact that the
staff doesn't -- cannot say how much of the berm
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would be destroyed to accommodate a 9,000 square
foot building. That's missing from the
application. But it appears 1,500 square feet is
the smallest -- is the reduction in the size of the
building in order to achieve the required setback.
Again, a 17 percent diminution in building size for
an unstated need.
This particular model is -- again, this model
depicts a one - eighth inch scale. This is the
50 -foot setback for a 9,000 square foot building.
And this was prepared by Ellen Watts. This is the
existing 12,000 square foot maintenance building.
So you can see it's about 80 feet from the wall.
This represents the closest unit in Clubside. This
would be the required setback. This is what
they're asking for, leaving a very narrow corridor.
And this, no buffering in here. The buffering
would be here and the buffering would be in here.
Waste land in there.. Thank you, Ellen.
So in conclusion we assert that the project as
proposed with the requested variance is
incompatible with the existing adjacent residential
Clubside community. It is not complementary to the
existing adjacent residential Clubside community as
required by Policy 5.4 of the Future Land Use
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Element.
There is no hardship. And any asserted
hardship is solely self created by the applicant.
The applicant has not shown that it could not build
a golf course maintenance building on this property
if made to comply with the setback requirements.
As the staff report states, if the variances were
granted, approximately 1,500 square feet of the
building will encroach into the southern, i.e.
adjacent, residential project setback area.
The most that the applicant will be impacted
is a 17 percent reduction in the building size.
I'm just making sure I covered all the
particular aspects.
I think it's also important, going to the
questions that you have to ask when determining
whether or not a variance would be granted.
Question: Are there special conditions and
circumstances which do not result from the action
of the applicant such as preexisting conditions?
Now, what's interesting, the staff report
doesn't say yes or no. I would assert that's a
resounding no.
Are there special conditions and circumstances
which do not result from the action of the
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applicant?
.Everything here results solely from the
actions of the applicant.
Other question: Will literal interpretation
of the provision of the zoning code work
unnecessary and undue hardship on the applicant?
Staff answered yes. I would submit to you the
answer is no. A possible 17 percent reduction in
building size and possible additional cost to take
part of the berm, recognizing that the building
could also be built on the existing golf course
parcel to accoinnodate the storage of the equipment
that he indicates is requested.
And again, we do agree with the staff that if
the setback variance were not approved for the
building, the petitioner would still have
reasonable use of the land.
We request therefore that the Planning
Commission forward this application to the Board of
County Commissioners with a recommendation of
denial.
Available to answer any questions that you all
may have.
CHAIRMAN STRAIN: Does anybody have any
questions of Tony at this time?
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(No response.)
CHAIRMAN STRAIN: I have one.
MR. PIRES: Yes, sir.
CHAIRMAN STRAIN: Your -- I understand
everything you've said. Are you under the belief
that you think it's necessary to landscape the
maintenance building side of the wall? And what
does that have to do with your clients' concern?
Because they're buffered by the side that faces
them. Let's forget about the setback, that's a
whole nother mess we're going to be getting into.
But I'm just -- this landscaping one, why
would you want to, in a maintenance area where
practically everything gets destroyed anyway, put
wasted landscaping on that side of the wall for
only the maintenance people to see?
MR. PIKES: No, I believe it provides
additional buffering. Because again the PUD
states -- I'm just going by the language in the
PUD, building shall be set back a minimum of
50 feet from abutting residential districts, and
the setback area shall be appropriately landscaped
and maintained to act as a buffer zone.
So not having any landscaping is completely
contrary to appropriately landscaped and
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maintained.
CHAIRMAN STRAIN: In the existing maintenance
facility, what landscaping do they have up against
that wall?
MR. PIRES: I don't believe there's any. But
that was developed prior to the adjustment in the
lot line. In other words, that was built in
1987 --
CHAIRMAN STRAIN: Understand that, Tony.
MR. PIRES: -- when there was no adjacent
residential district.
CHAIRMAN STRAIN: Yeah, I understand that.
I'm just trying to look at the practicality of that
issue. I don't -- myself, I didn't see that part
of this being a problem. Whether you landscape the
side facing the maintenance area or not, as long as
the people in Golfside (sic) have a good hedge and
it's well buffered for their side, that should be
the issue there.
But I'll wait to hear more from the public as
to what their concerns are, why they would be on
the inside of that the parking lot. But thank you.
MR. PIKES: Again, from the activities that
would be generated within that particular area.
You know, you'll hear about the vehicular activity
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and other activity that goes on that would be of
concern.
CHAIRMAN STRAIN: Thank you.
Anybody else have any questions of Tony?
COMMISSIONER WOLFLEY: I don't know whether --
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: -- it's for Tony or the
petitioner.
CHAIRMAN STRAIN: Well, we're into public
hearings, so you have to wait if it's the
petitioner.
COMMISSIONER WOLFLEY: All right, that's fine.
CHAIRMAN STRAIN: Okay, next public speaker.
And whoever comes up, just use one of the podiums.
And for the sake of time, if you could minimize the
redundancy, we would appreciate it.
MR. BELLOWS: David Pink, to be followed by
Robert James Kelly.
MR. PINK: If I hand you these, you can do
these? Okay.
CHAIRMAN STRAIN: Just remind everybody,
everybody should have been sworn in earlier. If
you did not -- if you came in after the swearing
in, please let us know so we can get that
accomplished. Thank you.
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MR. PINK: Okay, my name is David Pink, and
I'm the spokesman I think for most of the community
here. I think most of the community will agree
with most of the items I'm going to talk about
today.
I live in that unit right over there. And my
unit is 60 feet away from this unit. That unit
you're talking about is 150 yards -- first of all,
I'd like to say thank you for having me here.
Okay, that unit is 150 feet, which is 50 yards
long. This is half of a football field. That
unit's going to be filled with vehicles that -- let
me --
CHAIRMAN STRAIN: Could you move that mic a
little closer to where you're talking, sir.
MR. PINK: I'm sorry.
CHAIRMAN STRAIN: It moves, so --
MR. PINK: Okay. Let me'start at the
beginning.
As I just said, I live in the closest building
to the proposed new maintenance building. When I
first arrived here in mid November I learned about
a maintenance building that was proposed behind the
seven -foot wail. Then I found out about the
variance that was to bring it to 15.4 feet of the
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wall, 60 feet from my drive.
At first I was shocked and angry, but then I
wondered why? Why do they need another maintenance
building? Why does it have to be so big? Why do
they need it now when the existing building has
worked perfectly for the last 20 years? Why does
it have to be so close to the wall and my condo?
Before I continue, I want to give you some of
my background. I'm retired and spend six months of
the year at Clubside and the Vineyards. I think
I'm representing both, Vineyards and Clubside; to
me it's all one in the same. When I go outside I
don't say I'm from Clubside, I say I'm from the
Vineyards.
I have a Master's Degree in urban planning and
worked in Michigan as an urban planner for 20
years. I also acted as staff to some of the top
Michigan business leaders in Michigan. I owned a
successful kitchen remodeling company in Michigan.
Last 20 years we did 8,000 kitchens. I am
experienced with economic development analysis and
business decision - making.
I would have not have purchased my unit if I
had known a maintenance building was being proposed
for this site.
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I do not want to -- I want to especially thank
Ellen Watts for making this scaled model. I worked
with her in constructing this, but she did all the
actual physical work. I just talked.
I'd also like to thank a lot of people back
here who helped me in doing this. I don't want to
mention their names right now, it's not important.
But I just want to thank everybody here that helped
me do this.
There are many issues which will impact us all
in our community. A great increase in noise, and I
mean a great increase in noise. An increase in
total activity. The whole scope and character of
this golf management site will be completely
changed. There will be an increase in personnel
work in there. They're going to be bringing
additional personnel into this community to operate
these machines. A substantial increase in
pollution. There will be bright lights at night
coming through the -- the section I'm in now is
pretty dark. The site where the 80 -foot setback
building is is very bright. There will be an
increase in fumes and smells.
But before I go into all of these, and I will,
and I also describe the exact sound effects in this
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model. Before I go into that, I think we have to
step back and look at the petition itself. When I
first read the petition from the Vineyards
Development Corporation for the variance, I really
didn't get it. I -- it didn't make any sense to
me. Building a big building for what? Then I saw
Exhibit D. Can we show a -- let's see, I've got
all the exhibits here. okay, Exhibit D.
okay, as you can see, this 14 or 15 vehicles,
mostly small, that easily could have been put in
those sheds and covered. So there's really -- I
don't see why you need a building at all, actually.
But -- so take a look at that.
And then I think the next item -- I'd like
everybody to see this. This is what the petitioner
has said, okay. We can put this in here. And as
we read this, even with the requested setback
reduction, there is no negative --
CHAIRMAN STRAIN: You need to talk into the
mic., sir.
MR. PINK: Oh, I'm sorry.
Even with the requested setback reduction,
okay, even with the requested setback reduction
there is no negative impact whatsoever to the
neighboring property.
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I submit the following: Would I be here today
if I thought there would be no negative impact?
would they be here today? I say no. There's going
to be major impacts here, and I'm going to go
through all of them.
Okay, yes, I like this. All right, let's see,
where were we?
CHAIRMAN STRAIN: Well, if you like that mic,
you need to turn it on.
MR. PINK: Oh, okay. Okay. Would it conflict
if I had both mics going on at the same time?
CHAIRMAN STRAIN: When Ray gave it to you, he
should have showed you that little button, it
wasn't on.
MR. PINK: Okay, this is good.
Can I walk around with this?
CHAIRMAN STRAIN: Yes.
COMMISSIONER MIDNEY: Yeah.
MR. PINK: Okay. well, you know, I'm going to
take seven steps here. Okay, that's how far this
could be from the wall. That's what 15 feet is.
That's how far it is. That's 15 feet, you know. I
mean, you know, it's a very short distance.
Okay, I'm not going to get into the -- I have
a tendency to jump ahead, because I've got a lot to
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say. Let's see where
CHAIRMAN STRAIN:
reporters here today,
can effectively hear
enough to your mouth,
if you carry that one
it --
109
I am. Okay --
Sir, there are two court
and the only time that they
,you is when that mic is close
either one of them. So even
around, just kind of keep
MR. PINK: All right, I will, I will.
Okay. Then I saw Exhibit D, the picture of
the equipment to be stored. At this point I was
confused even more. No additional equipment was
said to be needed in the petition. In other words,
they're going to have the same amount of equipment
now as they did then.
COMMISSIONER MURRAY: Slow down.
MR. PINK: Slow down, okay, I'm sorry, I get
excited.
So what I'm saying is let's say they have 100
pieces of equipment. A 100 pieces of equipment,
all right? And after they get this building they
haven't said that we're going to get anymore
equipment. So there really isn't more need for
building, only that -- those 14 pieces that they
show.
Okay. So after looking at that, I thought I
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had to kind of analyze this again. And if you look
at the second sentence in -- I think it's number
one, let's see right here. If you could put this
up. Put that up. Okay. Oh, that first one is
kind of messy. Could somebody read that sentence
right up there?
CHAIRMAN STRAIN:
have to read it.
No, you got the mic., you
MR. PINK: Oh, I've got to read it.
Okay, this has to do with what they're going
to have. They're going to have maintenance
equipment, storage and mowers, tractors, golf
course landscape maintenance equipment.
Now, landscape maintenance equipment really
wasn't supposed to be in this area. So I kind of
thought about that for a minute. What do they mean
by landscape equipment? Okay, so we go on.
I was told that landscaping equipment was kept
at other sites both in the Vineyards and outside
the Vineyards.
Now let's take a look at item four in the
petition. Okay. And what do they say? They say
the proposed building needs to house most of the
equipment currently stored in the open. Economic
conditions dictate owning versus leasing, therefore
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had to kind of analyze this again. And if you look
at the second sentence in -- I think it's number
one, let's see right here. If you could put this
up. Put that up. Okay. Oh, that first one is
kind of messy. Could somebody read that sentence
right up there?
CHAIRMAN STRAIN:
have to read it.
No, you got the mic., you
MR. PINK: Oh, I've got to read it.
Okay, this has to do with what they're going
to have. They're going to have maintenance
equipment, storage and mowers, tractors, golf
course landscape maintenance equipment.
Now, landscape maintenance equipment really
wasn't supposed to be in this area. So I kind of
thought about that for a minute. What do they mean
by landscape equipment? Okay, so we go on.
I was told that landscaping equipment was kept
at other sites both in the Vineyards and outside
the Vineyards.
Now let's take a look at item four in the
petition. Okay. And what do they say? They say
the proposed building needs to house most of the
equipment currently stored in the open. Economic
conditions dictate owning versus leasing, therefore
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equipment must be owned kept for much longer
periods of time, which will necessitate storing the
equipment versus leaving it out in the open. Okay,
the proposed building size is needed and the
requested variances are adequate to promote the
public health.
Well, let's look at that. If there's only 14
small pieces of equipment, how could you possibly
need 9,000 feet? That just doesn't make any sense.
We move on. I mean, there's no reason for a
building that size.
Okay, so we know that there's landscaping
equipment at other sites. Now let's -- okay, then
they go on to say economic conditions dictate
owning versus leasing. I think we talked about
that before. That was a topic of discussion. And
they said that there was a really a -- they found
out after 20 years that if you bought that
equipment, you really could save a lot of money.
In fact, we met with Mr. Rogers yesterday. He
specifically told us the reason for building the
structure was for buying and leasing and a
maintenance issue. Because you buy this machine, I
- think you're supposed to maintain it a lot better
if it's new.
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equipment must be owned kept for much longer
periods of time, which will necessitate storing the
equipment versus leaving it out in the open. Okay,
the proposed building size is needed and the
requested variances are adequate to promote the
public health.
Well, let's look at that. If there's only 14
small pieces of equipment, how could you possibly
need 9,000 feet? That just doesn't make any sense.
We move on. I mean, there's no reason for a
building that size.
Okay, so we know that there's landscaping
equipment at other sites. Now let's -- okay, then
they go on to say economic conditions dictate
owning versus leasing. I think we talked about
that before. That was a topic of discussion. And
they said that there was a really a -- they found
out after 20 years that if you bought that
equipment, you really could save a lot of money.
In fact, we met with Mr. Rogers yesterday. He
specifically told us the reason for building the
structure was for buying and leasing and a
maintenance issue. Because you buy this machine, I
- think you're supposed to maintain it a lot better
if it's new.
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Well, okay, this is my conclusion on that. I
have never ever in 45 years in planning and
business heard an explanation like this given as
the basis for building any structure. Never.
The basis for building any structure may be --
a bad economy may be a reason for not adding
increased storage capacity, but never for building
a structure. In other words, what -- because times
are bad, well, we decide to spend a lot of money to
build a structure to house nine pieces of
equipment. That makes absolutely no sense.
The only -- the one and only reason for
building a new big structure is for adding total
capacity, this is very important, to house
additional people and /or equipment. So basically
they're going to be bringing in lots of equipment.
It has nothing as I can see with the existing
equipment. It has everything to do with new
equipment that's going to be brought in there,
which is going to change that site. It's going to
change it both in scope and it's going to change it
in character.
The next statement I find equally puzzling:
Therefore, must be owned and kept to maintain. So
basically they're saying that if they buy this
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thing, they're going to take a lot better care of
it than if they lease it. Again, you know, I think
I already addressed that.
But I can actually suggest a way that they can
buy new equipment, keep the same building and keep
all the new equipment in the building. It's very
easy. You go out, you buy new equipment, you bring
it back, you put it in the building, you take five
pieces of the leased equipment that you don't like
and you put that outside. Now you have all your
owned equipment in the building and you have the
leased equipment, which apparently they don't care
about, outside. That's the crux of this problem.
There's no need for -- you know, the reason really
that they don't need a variance is because they
don't need a building. I mean, to do what the
objectives that they are talking about.
Now, if their objective is to bring a lot of
new equipment in here and a whole different type of
equipment, then I think we have a different
situation.
Okay, because, you know, you're looking at a
75 percent increase in covered capacity and no
increase in the amount of equipment they're
requesting. All right, let's get right to the --
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let's get to the basics here.
CHAIRMAN STRAIN: Yeah, sir, we need to kind
of get you to wrap up a little bit, because we do
have nine or 10 speakers from your area that need
to talk. And we generally ask that you be --
MR. PINK: I think I had 10 minutes. And I
don't think I've come close to my 10 minutes.
MEMBERS FROM THE AUDIENCE: You have.
CHAIRMAN STRAIN: You've used over your --
COMMISSIONER WOLFLEY: You went over.
CHAIRMAN STRAIN: Everybody, please. We don't
try to hold to that strictly. We ask that you
stop -- not to be redundant and be respectful of
time.
MR. PINK: All right, I will, I will.
CHAIRMAN STRAIN: All I'm asking is that you
wrap up. You've been over 10 minutes already. You
have other people that want to speak. And I
certainly want to be able to hear everybody to be
fair today.
MR. PINK: Can I just request five minutes?
CHAIRMAN STRAIN: Yes, sir, fine.
MR. PINK: Okay, thank you.
All right, let's put these on. Let's put
this. Okay, you see a lot of storage here. This
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is really what this is all about. This is at
Hammock Isle. This is outdoor storage of a lot of
equipment that they have that's used for
landscaping. They're going to be using this land
shortly to build some luxury homes. They need
another site for it. They basically decided to use
the golf maintenance building to consolidate all of
their landscape -- or a lot of their landscaping
facility at the golf place. So this is what --
here's some more. I'll show you other pictures.
So if you see these, basically you see what's
coming to your neighborhood. This is what's coming
to your neighborhood. It's not going to be the
same golf equipment, it's going to be this. And
I've got -- let's see, what do we have here? This
is another real nice picture. I think this is some
tanks. But they'll all be coming your way.
And okay, now, I would -- you know, I'd like
to explain this. I've got -- okay. So basically
what I'm saying is that this is not what they said
it was. This is not -- has anything to do with
that. I'm not going to repeat that. But let's go
over and take a look at that just for a minute,
okay.
All right, what we have here are structures --
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this is the new structure. This new structure will
create more noise to this community than this
structure right here. There's four doors only,
large doors facing the community. This structure
has eight doors, the existing structure, five doors
on the back --
COMMISSIONER WOLFLEY: The mic.
MR. PINK: Five doors on the back and three in
the front. Almost all the activity is in this
area. In other words, when they come in they use
this area here. This area is mostly for parking.
So this is shielded from us.
This right here is a speaker box. And this
speaker box will project that sound all over here
and all over here, not just the six units they're
talking about. There's going to be a lot of people
affected by this thing. And there's going to be a
lot of people that want to sell their homes. To
tell you the truth, I'm considering selling our
unit, because I know what's going to happen here.
I guess you can prove me right by passing this
variance I guess. Because you come back in six
months and this is not going to be a nice place to
live.
Okay, now let me talk about economic effects
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for one minute. Just take me one minute.
Okay, economic effects. Many residents in the
homes nearby the new building are already talking
about selling, so the effect has already begun. I
am one of them. Values throughout our community
will drop even more and continue to drop. That's
number one.
our community will definitely lose its status
as being one of the best places to live in the
vineyards to one of the least desirable. I
consider it now to be a five -star community dropped
to a three -star. Residents in nearby communities
will also be affected in their home values as our
community declines. There will be a drop in people
continuing to be members of the club. People are
already dropping out. Currently 43 of our 84 units
are club members. I would expect a large drop in
this number.
From what I have heard, the club is already
having difficulties. Many clubs throughout Naples
are lowering both golf and tennis membership dues,
and people from the Vineyards are going there.
Okay, let's go.
There's going to be increased activity. That
activity in there is going to be about 65 percent
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greater than the activity that's now there.
Because that's -- all the machines there are going
to be operated by people. Those people are going
to come in and use that activity. So you're going
to have probably a 60 to 75 percent increase in the
sound levels, maybe more if they get the variance.
Back farther it might not be quite as bad, maybe
50 percent increase in sound. That's a big
increase in sound.
CHAIRMAN STRAIN: Sir, we're at that point
where you said you'd be finished.
MR. PINK: Okay, okay, all right. Thank you
very much. I appreciate your listening to me. I'm
sorry if I kind of talked too fast and whatever and
didn't have the mic. near me, but I think I still
have a lot to say. Maybe I can have somebody else
finish this off. Thank you very much.
CHAIRMAN STRAIN: Well, there's some
questions.
Mr. Wolfley?
COMMISSIONER WOLFLEY: When did you move in,
sir? What year?
MR. PINK: I moved in in 2005.
COMMISSIONER WOLFLEY: 2005?
MR. PINK: Yeah, you know, right before the
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prices plummeted. So, I mean, we've been hurt
already in our community.
COMMISSIONER WOLFLEY: But you moved in and
that maintenance facility was there.
MR. PINK: The existing maintenance facility.
The large facility was there. But, I mean, this is
going to make it twice as bad, the small one.
COMMISSIONER WOLFLEY: Okay, thank you.
CHAIRMAN STRAIN: Okay, next speaker. And I'd
like to ask the remaining speakers, since this
gentleman did represent a large group, he was
afforded extra time. I'd like to ask you to be
concise with your time and, you know, more to the
point as possible to help us get through the rest
of the afternoon.
Mr. Bellows?
MR. BELLOWS: Robert James Kelly, to be
followed by Ellen Watts.
MR. KELLER: Commissioners, my name is Jim
Kelly. I'm on the board of directors of Clubside
Reserve. And I'll speak for the board today.
I have been an owner in Clubside Reserve since
it spilled out in 1996, '97. We're a community of
people who are now over 50 percent year -round
residents.
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Since the board of directors first learned of
the variance request from the Vineyards
Development, we have been peppered with one key
question. That question is, why does Vineyards
want to build a 9,000 square foot building that
will encroach on Clubside's 50 -foot setback and its
buffer zone? It's been more than a month now and I
still cannot give them a satisfactory answer
because of the lack of explanation in the
application that Vineyards Development needs 9,000
square feet for storage /maintenance for the 14 or
15 feet pieces of equipment shown in the picture
accompanying their application.
I can't honestly tell my residents that they
need it for storage. The applicant states that he
will be buying more equipment and wants to protect
it from the elements. He has had the equipment
pictured taking care of the golf courses for 20
years. How much more equipment does he need to
buy?
For me as a lay person, the crux of the
situation is the applicant wants the variance
granted because of hardship. As hardship has been
explained to me by your staff and lawyers, hardship
cannot, cannot be granted if it was self - imposed
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hardship.
Vineyards Development was in control of all
aspects of the creation of Clubside. They went to
the Planning Commission, received the change in
land use from the utility to residential. I would
think that the commission that granted that change
would have insisted on protection for Clubside
Reserve from the two adjacent golf course lots.
That's whys we have the 50 -foot setback in the
buffer zone.
Vineyards Development surely has sufficient
room to build their proposed building on the lot
without obtaining a variance to the setback. For
economic reasons their positioning of the building
in the setback is the cheap way to go. The berm
they do not want to cut into insulates the driveway
to the applicant owned country club. Nothing
residential on that side except a road.
Applicant states that the present golf
operation facility has operated since 1987 without
any registered complaints. Well, for the first
nine years I wouldn't expect his water utility
plant which occupied the site pre Clubside to
register any complaints. Once Clubside was built,
there were various complaints registered with
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Vineyards developer. Regarding odor and noise in
relation to noise from the present building, the
majority of the doors are on the north side of the
facility, away from Clubside. The drawing of the
new building is showing all means of egress to be
on the south side of the building, facing Clubside.
I cannot see the granting of this variance not
to be harmful and injurious to the neighborhood and
not in harmony with the general intent and purpose
of the Land Development Code.
Another question the residents have asked me,
and I would ask you: Would you purchase a
condominium if there was a 9,000 square foot
storage /maintenance facility within 16 feet of your
property line?
I'd like to end my remarks with a statement
from the Vineyards Development website. The
statement from the website: Vineyards Development
broke ground in Vineyards in 1986 with a mission to
create a kinder, gentler living environment that is
sensitive to human needs and expectations, and
known for its outstanding architecture, service,
value and attention to detail, thereby creating a
community of unsurpassed quality of life, enhanced
by extravagant amenities and sheer beauty.
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Vineyards developer. Regarding odor and noise in
relation to noise from the present building, the
majority of the doors are on the north side of the
facility, away from Clubside. The drawing of the
new building is showing all means of egress to be
on the south side of the building, facing Clubside.
I cannot see the granting of this variance not
to be harmful and injurious to the neighborhood and
not in harmony with the general intent and purpose
of the Land Development Code.
Another question the residents have asked me,
and I would ask you: Would you purchase a
condominium if there was a 9,000 square foot
storage /maintenance facility within 16 feet of your
property line?
I'd like to end my remarks with a statement
from the Vineyards Development website. The
statement from the website: Vineyards Development
broke ground in Vineyards in 1986 with a mission to
create a kinder, gentler living environment that is
sensitive to human needs and expectations, and
known for its outstanding architecture, service,
value and attention to detail, thereby creating a
community of unsurpassed quality of life, enhanced
by extravagant amenities and sheer beauty.
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I think by requesting this variance Vineyards
Development has lost sight of their mission. Thank
you.
CHAIRMAN STRAIN: Thank you.
Mr. Wolfley?
COMMISSIONER WOLFLEY: What was your name
again? Excuse me, I'm trying to speak here.
MR. KELLER: Legally Robert James Kelly, known
as Jim Kelly.
COMMISSIONER WOLFLEY: Jim Kelly, okay. And
you moved in in 1996?
MR. KELLER: I think I bought in '96, moved in
'97.
COMMISSIONER WOLFLEY: Okay. Now, as in many
associations, master associations, there's a time
occurs at sane point where the residents take over
common facilities, if I'm saying that properly.
Was that supposed to happen in the Vineyards? I
mean, you're on the board and --
MR. KELLER: I'm on the board of Clubside
Reserve.
COMMISSIONER WOLFLEY: Okay, not the master.
MR. KELLER: Not the master association. Oh,
no, I don't want to go into that story.
COMMISSIONER WOLFLEY: Yeah, okay.
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MR. KELLER. I was never on the Vineyards
board and I wasn't down for that, let me just say,
debacle.
COMMISSIONER WOLFLEY: Well, we will -- I'll
hold off my question then.
MR. KELLER: Thank you.
CHAIRMAN STRAIN: Next speaker, Ray?
Thank you, sir.
MR. KELLER: May I indulge you with -- I think
Tony had referred to one gentleman, his wife has
Parkinson's disease. He wrote a statement, he
cannot be here to make it. I would just -- or --
CHAIRMAN STRAIN: Can you submit that? Do you
have it for the record, or is that the only copy?
MR. KELLER: No, I can give it to you for the
record.
CHAIRMAN STRAIN: That would be better.
You've already allocated -- your time has been
utilized. I'd just as soon we heard some -- we're
going to have to get through this afternoon, I need
to get to everybody that wants to --
MR. KELLER: No problem.
CHAIRMAN STRAIN: So, if you don't mind.
MR. KELLER: Who gets it?
CHAIRMAN STRAIN: Give it to the young lady
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right there in the red.
MR. KELLER : Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please.
MR. BELLOWS: Ellen Watts, to be followed by
Jack Cane.
MS. WATTS: I'm Ellen Watts and I'm vice
president of Club,
taken a lot of my
I do live in
building, but the
happens to be the
do like fresh air
>ide
com
the
one
one
and
Reserve. And Jim really has
nents .
building, not that particular
next to it. My bedroom
that is over the garages. I
I have my windows open. And
the activity, depending on the time of the year,
can start at 4:00 in the morning in the present
maintenance area.
With the new maintenance building going in
there, especially if they do -- if they are granted
the variance, there will be like a tunnel effect
between the new building and the wall with
equipment going out to the golf course. And that
is the egress to the south course.
And if you've ever been in a tunnel you know
that cars in a tunnel, even though it's open on the
top, you're going to get more noise, and it is
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going to be louder. And I just wanted to point
that out.
The other thing is during the hurricane, the
last hurricane, the area where this new building
was -- or is proposed to go, they brought in a lot
of the debris off the golf course and they were
chipping it. And chips were coming over the wall
onto our roadways, hitting the tiles of our
buildings. The board had to deal with that. We
did discuss this with Vineyards, and they even came
over and closed off our road while they were doing
that so no one would get hurt. So they have been
notified on different occasions.
And they also have used this present area that
has no building on it whatsoever now, they've used
for storage, and there have been some very bad
smells. This has happened many years. They have
been spoken to about it. So they have been
notified on some things. But we've always tried to
deal with the people there.
Thank you
very much for
your
time.
CHAIRMAN
STRAIN: Thank
you,
ma'am.
Next speaker, Ray?
MR. BELLOWS: Jack Cane.
MR. CANE: Good afternoon, Mr. Chairman,
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Commissioners. My name is Jack Cane. My unit,
number 2104, lies to the north of Clubside Reserve,
as shown on this first slide. Right here. So it's
just a little bit around the bend. But it is one
of the four units most affected by the proposed
building.
And I request that the Commission deny this
petition. The petition refers to an existing berm,
which I show on the second slide, which was
actually created by the petitioner himself. You've
seen -- you've heard about this at length. The
berm is primarily intended to shield traffic
entering and leaving the Vineyards Country Club
from sites and sounds of the maintenance activities
taking place on the site.
People in cars have only a transitory exposure
to the facility, while the residents of my
community are exposed to these sounds without any
berm or vegetation buffering every hour of every
day, every work day.
Petitioner has stated that he wants to
preserve the berm rather than dig into a portion of
it to comply with setback requirements. However,
my third slide shows that in another portion of the
berm he's done exactly that. He built a retaining
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Commissioners. My name is Jack Cane. My unit,
number 2104, lies to the north of Clubside Reserve,
as shown on this first slide. Right here. So it's
just a little bit around the bend. But it is one
of the four units most affected by the proposed
building.
And I request that the Commission deny this
petition. The petition refers to an existing berm,
which I show on the second slide, which was
actually created by the petitioner himself. You've
seen -- you've heard about this at length. The
berm is primarily intended to shield traffic
entering and leaving the Vineyards Country Club
from sites and sounds of the maintenance activities
taking place on the site.
People in cars have only a transitory exposure
to the facility, while the residents of my
community are exposed to these sounds without any
berm or vegetation buffering every hour of every
day, every work day.
Petitioner has stated that he wants to
preserve the berm rather than dig into a portion of
it to comply with setback requirements. However,
my third slide shows that in another portion of the
berm he's done exactly that. He built a retaining
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wall to allow the construction of open storage
bins. It seems to me that the encroachment onto
the setback zone is being requested in order to
save money and avoid having to construct a
retaining wall. The result is that he's creating a
nuisance and a hardship for our community in order
not to inconvenience himself with regard to
construction of the proposed maintenance shed.
He's requesting a second variance to waive the
requirement of a 10 -foot vegetation buffer. We
note the absence of any type of existing vegetation
buffer on his side of the wall. If that is a
requirement, then we request in addition to denying
the variance that any existing zoning regulations
be enforced with respect to structures and
activities now located in the area.
Finally, Vineyards Development Corporation has
not been a good neighbor, as you've heard already.
We've lived here for nearly 12 years, have been
subjected to loud noises, starting almost daily at
6:00 in the morning. Sometimes there have been
noxious odors from decaying vegetation piled up on
the site. And on one occasion as you just heard,
there was projectile impact of materials thrown
over the wall on to our driveways and our roadway.
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When we complained the response was to post a
guard on our property, denying our access to our
own grounds.
So I hope you agree that these behaviors do
not deserve to be rewarded with any special
consideration and that the petitioner be required
to meet all planning and zoning requirements
without any variance.
Thank you for the opportunity to comment on
this matter. I'm happy to take your questions.
CHAIRMAN STRAIN: Okay, thank you, sir. I
don't think there's any questions.
MR. CANE: One last slide, if it's of
interest, showing the maintenance area's side of
the wall and the parking area which has been
discussed. There's about three feet of turf there,
which could be available for buffering, vegetative
buffering. Thank you.
CHAIRMAN STRAIN: Thank you.
Next --
MR. BELLOWS: Kenith Bloom.
CHAIRMAN STRAIN: -- speaker, Ray?
MR. BELLOWS: Kenneth Bloom.
CHAIRMAN STRAIN: Ladies and gentlemen, I've
got to ask that you refrain from clapping. It just
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kind of does mess things up a little bit. So let's
not continue with that.
MR. BLOOM: Okay, I have a present for the
board.
Commissioners, I waive my time because
everything that's been said has been said as far as
I'm concerned. And I thank you very much for your
time and I enjoyed sitting here watching you listen
very intently. Thank you very much.
CHAIRMAN STRAIN: Thank you, sir, we
appreciate --
MEMBERS FROM THE AUDIENCE: Tell him who you
are.
MR. BLOOM: Oh, I am Kenneth Bloom. I'm a
retired judge of the Superior Court in New Jersey.
I have been on the regional planning association
for 10 years and I have represented municipalities
and boards of adjustment and planning boards for
the 25 years before I was a judge. And I would
like you to know that I am very proud to live in
Naples with this group representing us. Thank you
very much.
CHAIRMAN STRAIN: Thank you, sir, we
appreciate it.
Ray, the next speaker?
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MR. BELLOWS: Richard Casey.
MR. CASEY: My name is Richard Casey. I live
in Clubside Reserve. My address is -- unit number
is 1104. Everything I would like to say today has
been covered already, and I know you're looking for
time, so I'll just tell you that I am vehemently
opposed to this variance, and thank you very much.
CHAIRMAN STRAIN: Thank you, sir, we
appreciate it.
Next speaker, Ray?
MR. BELLOWS: Last speaker is Dale
Shaughnessy.
MS. SHAUGHNESSY: Good afternoon,
Commissioners. My name is Dale Shaughnessy and I
live at 6115 Reserve Circle. I am in building 20,
which I think is the model you've been seeing
today. And I too would like to thank you all for
your very thoughtful questioning, because I think
most of my concerns and questions have been covered
by you all.
I would just like to add my personal
experience, that I moved to the Vineyards in 1998
with a 12- year -old son and I purchased a townhouse
at the other end of the vineyards. And after six
years of really -- oh, and also was a full equity
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MR. BELLOWS: Richard Casey.
MR. CASEY: My name is Richard Casey. I live
in Clubside Reserve. My address is -- unit number
is 1104. Everything I would like to say today has
been covered already, and I know you're looking for
time, so I'll just tell you that I am vehemently
opposed to this variance, and thank you very much.
CHAIRMAN STRAIN: Thank you, sir, we
appreciate it.
Next speaker, Ray?
MR. BELLOWS: Last speaker is Dale
Shaughnessy.
MS. SHAUGHNESSY: Good afternoon,
Commissioners. My name is Dale Shaughnessy and I
live at 6115 Reserve Circle. I am in building 20,
which I think is the model you've been seeing
today. And I too would like to thank you all for
your very thoughtful questioning, because I think
most of my concerns and questions have been covered
by you all.
I would just like to add my personal
experience, that I moved to the Vineyards in 1998
with a 12- year -old son and I purchased a townhouse
at the other end of the vineyards. And after six
years of really -- oh, and also was a full equity
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member of Vineyards Country Club, as I am today.
After six years and really investigating all
of Vineyards, I chose where supposedly my dream
condo would be, and that was Clubside Reserve. And
I was certainly aware of the existing maintenance
shed and the activity. I was there at all times of
day to make sure it was still where I wanted to be.
And that particular street, which is right across
from the privacy wall, was my choice. Rather than
going to a new community, I wanted to go and stay
in one that was tried and true.
My real estate agent at the time -- I sold a
condo through Vineyards Realty, purchased a condo
through Vineyards Realty, was assured that
Vineyards Country Club was built out, when I asked
if there was going to be anything further in the
maintenance area and was told no, they were done.
When I went to Vineyards Development last
week, I spoke with Attorney Rogers and told him
that very thing, within that very building was told
no more building. He said well, that was probably
true at that time.
well, now I have a condo from my own
misfortune that is reduced in price 40 percent,
because I also purchased in 2005, but that's my sad
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story. But I don't need further devaluing because
the Vineyards is requesting this variance without
what I would consider consideration and cooperation
for their members and their neighbors. Because I
believe there is plenty of room to put an adequate
maintenance building. I feel there just hasn't
been anyone drawing up the plans that would better
suit the land.
So I am hopeful that you will deny their
request, deny approval, and I would really be
joyous if they would go back to the drawing board
and come up with another plan that not only
wouldn't hurt the residents of Clubside Reserve but
as a member as well. I don't see any need to have
a maintenance building 14 and a half feet not from
my back door, from my front door, because that is
on -- Mr. Saadeh said that was our back. That is
our front.
And also, I don't think the berm has to be
dealt
with
the way they're
suggesting. I
don't
think
it's
an either /or.
So I hope from
the
questioning that you gave and the comments you've
heard you will decline and maybe we can come up
with some more suitable cooperative ending to this
dilemma. Thank you very much.
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CHAIRMAN STRAIN: Thank you.
Mr. Kolflat, you had a question --
MR. BELLOWS: Mr. Chairman?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Yeah, I --
MR. BELLOWS: I made a mistake, there is one
extra speaker.
CHAIRMAN STRAIN: I figured. I'm going to ask
anyway. Thank you, Ray.
Go ahead, Mr. Kolflat.
COMMISSIONER KOLFLAT: Well, I've listened to
seven speakers now who are affected property owners
in this issue. And I have a question for
John - David. Was there a neighborhood informational
meeting on this project? And if so (sic), why not?
MR. MOSS: Thank you. For the record,
John -David Moss, Department of Zoning and Land
Development Review.
. There was not a neighborhood information
meeting on this, because the LDC doesn't require
them for variance requests.
Oh, Ray reminded me there is a letter that's
sent out. And Mr. Saadeh did comply with that
requirement. He sent out a letter advising people
of his intentions. And --
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COMMISSIONER KOLFLAT: There was no meeting
scheduled, though?
MR. MOSS: No, it's not an LDC requirement.
CHAIRMAN STRAIN: Okay, Ray, you want to call
that next speaker?
MR. BELLOWS: Yes, Russell Broad.
MR. BROAD: Thank you, Mr. Chairman.
I just wanted to tell you where 2 live.
CHAIRMAN STRAIN: You better grab that
walk- around speaker.
MR. BROAD: Yes, sir.
I am in 6115 and unit 2003, right here. I am
the closest to the corner of this building. Reside
above two previous speakers. First of all, thank
you for the time and good afternoon to all of you.
I'm a resident, as I said, at 6115 Reserve
Circle, unit 2003, and I live on the second floor.
I understand that you did not 'receive a copy
of my letter that I sent to Mr. Moss. I'm sorry
you didn't get that. But I did send you all a
little brief e -mail in the last couple of days in
my opposition to this request.
As a new resident of Club Reserve as of
September, '08, I am the closest resident to this
proposed new building, thus I'll be adversely
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impacted by the added noise, lights from the trucks
exiting the new building and the site of the new
building from my second floor location.
My condo contains three bedrooms. My two
guest bedrooms both face the work site. My guests
who stay in these two bedrooms have all complained
about the lights from the cars entering the yard to
go to work at 6:00 a.m., and especially the noise
from the tractors moving along the cement road
leading to the south golf course. This new
building with doors facing the wall will only
create more noise and irritation for my guests.
I have visited the site on three occasions
last week and took measurements on my last visit.
The VDC has put two sticks with blue ribbons
on the edge of the berm. The one that's closest to
the entryway I measured with a 15 -foot tape
measure, 135 feet from the edge of the berm to the
wall. It seems to me, and as other speakers have
had said, there's plenty of room to move that
building northward and get it away from the wall.
In 2008 I made a substantial personal
investment in my second floor coach home in the
Club Reserve condominium after losing my wife of 49
years. An additional storage building located a
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short distance from my second floor windows would
have a serious negative impact on the value of my
unit.
For all these reasons noted above, I
respectfully request that you deny this petition by
the Vineyards Development Corporation for a zoning
variance to construct this large storage building
only 15 feet from the wall that separates our high
quality residential property from this active work
site. Thank you for your time and listening to my
argument to deny this zoning code petition. Thanks
again.
CHAIRMAN STRAIN: Thank you, sir.
Ray, do we have any other speakers registered?
MR. BELLOWS: None with me.
CHAIRMAN STRAIN: Does any member of the
public wish to speak on this issue who has not
already spoke?
(No response.)
CHAIRMAN STRAIN: Will the gentleman -- I
think your first name was Jim, I don't remember
your last name. You had a letter you wanted to
read? We have -- because of the savings in some
time, I'd sure appreciate it if you'd read it for
us now.
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MR. KELLER: I appreciate the opportunity.
Thank you. This letter is from Don Sartore.
It's a statement, actually, not a letter.
I want to thank the Planning Commission for
allowing me to bring my comments and concerns to
you regarding variance VA -PL- 2009 - 1460. I am a
registered structural engineer and a registered
professional engineer. I was chief engineer design
for Burlington Northern Railroad. At the time it
was the largest railroad in the United States.
I was responsible for design in the areas of
structural, architectural, and most importantly for
this matter environmental engineering. I presently
own and reside full -time in a condo in Clubside
Reserve.
I would like to point out that the proposed
variance is not for a garage type facility to keep
equipment out of the weather, the proposal is for a
maintenance building, as requested by Mr. Saadeh's
petition. If the variance is granted, the facility
would be used to maintain equipment, which could
conceivably include construction type equipment, in
addition to mowers, leaf blowers and shrub
trimmers. If approved, the facility would
negatively affect our quality of life and
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consequently the value of Clubside Reserve condos.
Noise pollution. The operation of a
maintenance facility would include noisy
maintenance jobs such as sharpening mower blades,
testing, repairing noisy leaf blowers and shrub
trimmers. In addition it could include repairing
damaged equipment. -
I would also point out that since all the
equipment is used during daytime hours, it is
possible the facility would be used for noisy
operations during evening or even nighttime hours.
The noise level from a fixed source decreases as
the distance from the source increases. The noise
level at the Clubside Reserve property line will
increase dramatically if located 15.4 feet from our
property line, as opposed to the presently allowed
50 feet.
I should also point out that while there's an
existing wall at the property line, it would not be
very effective since sound travels in waves and
would go over the wall.
Also, the sound generated at 15.4 feet from
the approximately seven foot high wall would go
directly over the wall to our second floor condos,
thus having no effect in reducing noise to these
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Air pollution: The maintenance and testing of
internal combustion engines used in the equipment
proposed for maintenance at the facility would
create a great deal of objectionable exhaust fumes.
A facility of the size proposed would have a large
number of such exhaust producing engines. Locating
the facility 34.6 feet nearer our homes will
certainly produce an order of magnitude increase of
objectionable fumes which we'll be subject to.
Water pollution: A facility of the type
proposed will undoubtedly use oil, grease, aromatic
cleaning materials such as mineral spirits and most
likely gasoline and even diesel fuel, all of which
will pollute water. There are at least three
existing surface drain openings in the vicinity of
the proposed facility. We know the drains run to
the lake that 36 of our condo units are built
around, although Vineyard's plans do not show these
drains to do so.
Also, there are at least two existing
additional drains we know of, and a search of
Vineyards plans do not show where these drains go.
In addition, the proposed plan showed two
additional proposed drains and a junction box
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within 20 feet of our property line wall, but do
not show where they drain to.
We suspect these two present and two proposed
drains would also end up in one of our lakes. Any
contaminated surface drainage or spill that enters
those drains will pollute our lake.
Conclusion: There is no doubt in my mind
based on the above analysis that approval of the
15.4 setback requested in the variance would
increase the objectionable noise and air pollution
in our Clubside Reserve community and would
certainly increase the probability of polluting our
lake. Such approval would of course negatively
affect our ability to enjoy our hones and our
quality of life and in turn would certainly reduce
our property values.
I believe that while granting the variance may
have some cost advantages to the Vineyards, the
environmental damage to Clubside Reserve and the
comparatively large reduced property value of our
condos far outweighs this advantage. I therefore
respectfully urge the Commission to turn down the
request for the variance at issue.
Thank you for your careful consideration of my
comments and concerns. Donald V. Sartore.
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within 20 feet of our property line wall, but do
not show where they drain to.
We suspect these two present and two proposed
drains would also end up in one of our lakes. Any
contaminated surface drainage or spill that enters
those drains will pollute our lake.
Conclusion: There is no doubt in my mind
based on the above analysis that approval of the
15.4 setback requested in the variance would
increase the objectionable noise and air pollution
in our Clubside Reserve community and would
certainly increase the probability of polluting our
lake. Such approval would of course negatively
affect our ability to enjoy our hones and our
quality of life and in turn would certainly reduce
our property values.
I believe that while granting the variance may
have some cost advantages to the Vineyards, the
environmental damage to Clubside Reserve and the
comparatively large reduced property value of our
condos far outweighs this advantage. I therefore
respectfully urge the Commission to turn down the
request for the variance at issue.
Thank you for your careful consideration of my
comments and concerns. Donald V. Sartore.
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within 20 feet of our property line wall, but do
not show where they drain to.
We suspect these two present and two proposed
drains would also end up in one of our lakes. Any
contaminated surface drainage or spill that enters
those drains will pollute our lake.
Conclusion: There is no doubt in my mind
based on the above analysis that approval of the
15.4 setback requested in the variance would
increase the objectionable noise and air pollution
in our Clubside Reserve community and would
certainly increase the probability of polluting our
lake. Such approval would of course negatively
affect our ability to enjoy our hones and our
quality of life and in turn would certainly reduce
our property values.
I believe that while granting the variance may
have some cost advantages to the Vineyards, the
environmental damage to Clubside Reserve and the
comparatively large reduced property value of our
condos far outweighs this advantage. I therefore
respectfully urge the Commission to turn down the
request for the variance at issue.
Thank you for your careful consideration of my
comments and concerns. Donald V. Sartore.
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THE COURT REPORTER: May I have
of Sartore, please?
MR. KELLER: Tony had asked me
It's from John -David --
CHAIRMAN STRAIN: Well, before
anything, let's answer her question
THE COURT REPORTER: Could you
name?
142
the spelling
to read this.
you read
first.
spell the last
MR. KELLER: S- A- R- T- O-R -E. Donald.
CHAIRMAN STRAIN: Okay, and as far as any more
evidence that Mr. Pires would like introduced, this
was only to read that letter. So let's just end it
there. I think we get the drift of where you
people are coming from. So we're good.
MR. KELLER: Are you trying to say overkill?
CHAIRMAN STRAIN: Well, there's an old saying,
you can snatch success from the jaws of --
something like that. But we're getting close to
that right now. So let's go on.
Ray, we're done with public speakers.
Mr. Saadeh, if you want 10 minutes to rebut,
then we're going to close the public hearing.
MR. SAADEH: Thank you very much. Just a few
quick points that are very, very relevant.
A few residents had mentioned that the
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building would be so many feet from their actual
driveways. Some said 15 feet, 20 feet. Actually,
if it's built the way it's proposed, the closest
corner of the building to the closest corner of any
Clubside building would be 80 feet.
Second point Mr. Pires made, that there was a
rezone back in 1995 and that's where a big portion
of the southern portion of the berm that was
located somewhere in here was removed. And that's
when the time came in for the 50 -foot buffer.
Actually, that's totally inaccurate. The 50 -foot
buffer was in the PUD since 1985. If you look at
any original PUD ordinance, the 50 -foot buffer
requirement was there. When we did the PUD, when
we did the SDP adjustment for that site itself,
PDI -95 -1 is when we met with staff on all levels
and actually hashed the language in the PUD.
And I remember clearly, because I was there.
And that'.s when we proposed this -- I can't recall
exactly if this is 20 or 25 feet. But that's when
we said, you know, there was no specific size for
the buffer to be 10 feet or 20 feet, whatever. we
agreed with staff that this would be, you know, the
right size buffer on our part.
And to further -- you know, to further assist
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in getting the PDI not just approved but also
looking at it from a marketing standpoint what
could we sell, we felt we wanted to go as we do in
the whole Vineyards; we don't have a minimum
landscape standard in the whole Vineyards. Every
road we have is double and triple landscaped than
what the codes call for.
So as you can see from the pictures I showed
you earlier, that this was heavily, heavily
landscaped, and the wall was added at the time to
enhance, you know, sound barriers and the like.
And the wall wasn't any taller, because at the
time the ordinance didn't allow any wall to be over
this size. I think it's between seven and eight
feet, depending on how we worked the finished grade
elevation when we built the wall.
Another point that's extremely relevant, and
it was brought up a million times, that they have
13, 14 pieces of equipment.. Some said 10 pieces of
equipment. This picture is very deceiving. This
was taken, again, during the day at a time where
most of the equipment would have been on the golf
course. So to say that we have 14 pieces of
equipment, I wasn't going to go through this
venture and this size building to accommodate 14
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pieces of equipment. It was taken at that time
when the building was open and the equipment was
actually physically on -site.
And so I don't have an exact count in my head,
but definitely way before we started sizing the
building, we went in and looked at the needs of
what we have, what we need to have and what the
like.
Just a clear comment that's not as relevant on
some of the people questioning the leasing versus
buying and all that. When we leasing equipment, we
turn it in in three years. Yeah, we still have to
do maintenance, only we still have to maintain it.
But it's not the same as when you keep it for five
years or 10 years. So anybody who leases a car
would know that. If you lease a car for three
years, at the end of three years you chunk it, you
turn it in, you get something back or you lease
something new.
In our case we're going to be buying the stuff
as we turn it over. As leases become terminated,
we would turn into buying mode. And so that was
the explanation. And whether it makes sense to
some folks, it makes sense to us.
i
Somebody mentioned that the existing building
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facility have
Matter of fac
this building
So if there's
four doors on
here, there's
equally used.
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doors just mostly facing this way.
:;, at submittal image, the doors on
are actually mirrored on both sides.
four doors here, there's actually
this side. If there's six doors
six doors on this side that are
As a point of clarification, some gentleman
put in some pumps and fuel pumps and fuel tanks.
The only fuel tank on the site today, and will
continue on that site, and we'll go on record
saying that, would be the one existing in here.
There's no proposed storage of chemicals on this
new building, there's no proposed storage of fuel
on this new building or anywhere near the site.
There's no proposed storage of anything other than
mowers and standard equipment that's being used on
the golf course, whether it's for cutting grass or
maintaining landscaping on the course. Because on
350 -acre golf course you definitely have
landscaping. Mark, you know that, you live in a
community like that.
And the last point that I would like to make
is the interpretation that Mr. Pires has on the
existing buffer is in my view is totally wrong.
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The existing buffer is -- the reason there's
language that you can't have parking and whatever
and the staff agreed to this back in 1995 is this
is the ample buffer. we built the wall and not a
single car can be seen from any one of these
buildings being parked on this side of the wall.
If somebody can tell me that and can show me that,
then I'll withdraw the petition.
The point of it is that that came about now
that they hired Tony and he started looking into
the site and this and that. The 195 buffer that we
created was acceptable by the county, was overkill
by any standard of the county and also was helpful
for us as a marketing tool. We didn't want these
people to look at a maintenance facility, we wanted
them to look at a nice landscape buffer. And that
was the purpose of it. It wasn't just, you know,
to pass some kind of zoning or to pass some kind of
permit. It was additionally to have the proper
view -- to have the proper visual effects so
someone can purchase the property.
Under the maximum interpretation of the
code -- of the current required landscaping, as we
calculated it, our landscape architect calculated
as well, Mr. John - David, we concur that there's 14
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trees to be required for the new building. And we
suggested to him through Mr. John -David Moss, to
Tony and his company that if he would like the 14
trees to have the best impact, we will add them on
your side of the berm if we can find the space for
them. And I'm willing to tell you today, I'll do
that. I'll even go from 14 to 20, if that makes
any difference to some of the folks that are, you
know, opposed to this here.
So basically these are the points that I just
wanted to clarify. Obviously there's a lot of, you
know, emotions involved on both sides of the issue.
I do understand, sympathize with the homeowners who
feel this can be impacting their units. I haven't
really given some thought to -- I don't know if the
code allows raising the wall. But if that can
satisfy some of the opposition to raising, you
know, few blocks on the wall couple three feet of
the wall, especially on that side of the site, you
know, from somewhere in here, then we would
probably be willing to do so to be good neighbors
and neighborly.
Other than that, I would reiterate that one
more time, we had Coastal Engineering working on
the property, their planners and several engineers
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worked on the property, and we've tried multiple,
multiple scenarios of how to avoid having a
variance. Otherwise I don't like to be here and
spending the money just to be here. And there
wasn't any that wouldn't intrude on the berm.
The fact is nobody knows, not me or anybody
else, as what's inside that berm when you start
digging into it. You might have some big boulders,
you might have some small boulders, you might have
some root system. I don't know till I dig into it.
And that's why we chose to come for the variance.
Thank you for your time, and any questions,
I'll be happy to answer them.
CHAIRMAN STRAIN: Thank you.
And Mr. Wolfley, you had a question?
COMMISSIONER WOLFLEY: Yes. Is Vineyards
built out, Mr. Saadeh? I mean, are there anymore
units to go in somewhere?
MR. SAADEH: Technically, yes. There is a
neighborhood of Hammock Isles that have some
single - family lots that are not built. There's a
neighborhood in Venezia Grande that have some
single - family lots that are not built. And the
only other neighborhood is the site of Vista
Pointe, there is a site for two new mid -rise
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buildings and two kind of low -rise buildings on
that site.
COMMISSIONER WOLFLEY: Okay. So I guess my
point -- I mean, what percent do you think you're
built out?
MR. SAADEH: Probably I would say between 90,
95 percent.
COMMISSIONER WOLFLEY: Okay. So okay, I just
wanted -- that's it. Thank you.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: It's time for a motion?
CHAIRMAN STRAIN: No, sir.
Mr. Schiffer?
COMMISSIONER SCHIFFER: What are the hours of
operation of the maintenance staff?
MR. SAADEH: I believe it's 6:00 in the
morning till 3:30 or 4:00 in the afternoon.
COMMISSIONER SCHIFFER: Okay, so at 6:00 in
the morning these guys will be flinging open
overhead doors close to that property line?
MR. SAADEH: As a matter of fact, in this
particular building, if it pleases the Commission
and it makes a difference, we're willing to change
that to 7:00 in the morning.
(Laughter from the audience.)
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CHAIRMAN STRAIN: Please, ladies and
gentlemen.
Go ahead.
MR. SAADEH: I mean, I thought you asked me of
the existing building. The existing building is
6:00 to 3:00, 3:30. We -- just for the record,
some people mentioned some nighttime operations. I
don't believe we've ever opened past 5:00 for any
reason whatsoever, you know, so --
COMMISSIONER SCHIFFER: But my concern, we've
focused on the visual aspect, but for example,
overhead doors are loud, I know that well. So, I
mean, I don't think anybody would want an overhead
door cranking open at 6:00, 7:00 in the morning
near them. But --
MR. SAADEH: Well, unfortunately when you live
on a golf course, even the -- let's forget this
facility completely. If you live in a house on the
golf course and a mower passes by, they have to
prepare the grounds for the golfers to come in and
play. It's not just unique to my development, it's
every single development in Collier County and
anywhere else in the area for that matter.
COMMISSIONER SCHIFFER: Okay, all right.
CHAIRMAN STRAIN: Mr. Murray?
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COMMISSIONER MURRAY: Mr. Saadeh, we saw a
picture that showed that the embankment of the
slope, that it was cut in and it was concrete there
and looked as though it were sectioned. How long
is that? How big is that?
MR. SAADEH: How long is the structure itself?
COMMISSIONER MURRAY: well, yeah, give me an
idea.
MR. SAADEH: Probably depth -wise, maybe -- I'm
just guessing, I don't know for sure, I'm guessing
eight to 10 feet, maybe.
COMMISSIONER MURRAY: When did that occur
then? When was that constructed?
MR. SAADEH: That was done in the late
Eighties. I don't recall the year, actually.
COMMISSIONER MURRAY: Okay, but you were aware
of its construction?
MR. SAADEH: Yes, I was. I'm not sure again
if it was done when the berm was built or after the
fact. I'm not really sure.
COMMISSIONER MURRAY: So you think the berm
might have been late in around it, that's possible?
MR. SAADEH: That's very possible. I mean,
again, I don't know the exact timing. You're
taking me back 20 some years.
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COMMISSIONER MURRAY: Well, wouldn't that be
nice if we could do that.
MR. SAADEH: That would be beautiful. If you
take me back three years I'm happy.
COMMISSIONER MURRAY: You've answered my
question, thank you.
CHAIRMAN STRAIN: Anybody else have any
questions?
(No response.)
CHAIRMAN STRAIN: Ray, would you mind putting
that -- I have one question, it comes off the
center part of that sheet I gave you during break.
Mr. Saadeh, that orange dotted line is the
rough outline of your berm. The -- you can see the
original building you were proposing underneath it.
The yellow building is the same scale as the one I
believe you were proposing. If you take the yellow
building and place that, a portion of it, in the
berm with a retaining wall you then have access to
a portion of that building from both sides, which I
think would be an advantage to operating a golf
course or any kind of maintenance facility, rather
than having to back in or out from just one side.
This meets your 50 -foot setback and you wouldn't
have a problem in which you'd need to be here
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today. Lacking any topo of the berm or soil test
showing that something like this is prohibitive.
And also, the time you started the Vineyards I
was -- I owned a metal building company, and I can
tell you, we built metal buildings with retaining
walls routinely. So this isn't something that
couldn't be done.
Did you explore this with Coastal Engineering?
MR. SAADEH: Actually, we have.
Again, the comment I made earlier was unless
we actually get some equipment and start digging
into the berm, we wouldn't know how much of it will
have to be taken out or -- I would say, Mark, you
being in the business, you got this -- you
understand the scope of it a little bit different.
We dug a lot of lakes in the early, early days. We
have upwards of roughly 300 acres of lakes on the
property.
When that berm was constructed, I don't know
specifically by section, that would be totally
crazy to guess what kind of boulders we put
somewhere. But most of the time with big
structures like this and the berm we have along
I -75 in its entirety, we put a lot of boulders in
that and we tried to fill the voids and go through
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today. Lacking any topo of the berm or soil test
showing that something like this is prohibitive.
And also, the time you started the Vineyards I
was -- I owned a metal building company, and I can
tell you, we built metal buildings with retaining
walls routinely. So this isn't something that
couldn't be done.
Did you explore this with Coastal Engineering?
MR. SAADEH: Actually, we have.
Again, the comment I made earlier was unless
we actually get some equipment and start digging
into the berm, we wouldn't know how much of it will
have to be taken out or -- I would say, Mark, you
being in the business, you got this -- you
understand the scope of it a little bit different.
We dug a lot of lakes in the early, early days. We
have upwards of roughly 300 acres of lakes on the
property.
When that berm was constructed, I don't know
specifically by section, that would be totally
crazy to guess what kind of boulders we put
somewhere. But most of the time with big
structures like this and the berm we have along
I -75 in its entirety, we put a lot of boulders in
that and we tried to fill the voids and go through
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the process. I'm not sure, you know, a typical
cross - section of that berm, what it would look
like.
We could -- that's the reason we shied away
from it. Because if it was just pure dirt, it
would have been no- brainer, I wouldn't be here
today. If we have to move boulders -- in those
days the spacing on blasting for lakes was a little
bit different, so we had boulders yea size. If we
have to do that, I don't know how much of the berm
we can retain and how much we want. And that's an
accurate statement.
CHAIRMAN STRAIN: If you were to leave the
building in the current position but have to cut
back enough to meet the setback requirement, that
orange triangle on the south side is approximately
what you would lose. And I don't know if you had
explored the remaining structure as to your ability
to see if that meets your needs or not.
Nat. SAADEH: It will be short. And then the
size is irregular enough to where I'm not sure we
can go with a structure with a prefab metal
building. We might end up having to go with a
specialty designed concrete building that again
will impact the cost on it.
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CHAIRMAN STRAIN: Okay, thank you very much.
MR. SAADEH: Thank you.
CHAIRMAN STRAIN: Anybody else have any other
questions?
(No response.)
CHAIRMAN STRAIN: Okay, with that we will
close the public hearing and either discussion or a
motion, whatever happens to cane out.
Mr. Kolflat, I think you wanted to -- did you
want to make a motion, did you say, earlier?
COMMISSIONER KOLFLAT: I'd like to make a
motion that we recommend Board of County
Commissioners to deny Petition VA -PL- 2009 -1460,
Vineyards maintenance.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Okay, a motion made by
Commissioner Kolflat, seconded by Commissioner
Murray.
Is there discussion from the Planning
Commission?
Mr. Schiffer?
COMMISSIONER SCHIFFER: The -- my opinion on
this is that the applicant never showed any
technical support that the site was unusable as it
is right now. And secondly, if it was, that he's
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benefiting from self - created hardships.
CHAIRMAN STRAIN: Anybody else? Mr. Murray,
then Mr. Wolfley, then Ms. Caron.
COMMISSIONER MURRAY: Mr. Saadeh stressed so
many years of operation and leasing of equipment
and now he wants to change his business plan and
that is the suggestion for his hardship. Whether
the economy picks up again and savings are
realized, he might very well return to a lease
process that might very well benefit him. And then
the folks will have had that building there in its
shape.
I can't justify a variance on the basis of a
change in business plan.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: I've been thinking
while I was especially listening to the residents
that, you know, the Vineyards is not built out,
that there's a certain amount of equipment. I
failed to ask the petitioner if there was any
equipment elsewhere that when he completed the
development that equipment would need to be
relocated to the maintenance facility.
But it just seems to me that as a developer
grows a community, more equipment is required.
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And, you know, you have to plan -- as you put
in more roads, the boulevards, there's more trees,
more grass to maintain and certainly more
equipment. And I think Mr. Pink was very generous
in saying 100 pieces of equipment rather than 10 or
20. I really don't know what it is. But let's
assume it ends up -- maintaining all of Vineyards
is going to require more equipment and thus more
space.
And it just -- I remember reading the
newspapers, I don't know when it was, that the
developer was going to keep -- agreed to the
association, the association could not afford to
take over the common facilities. And the developer
agreed to continue to take the hidden losses on it.
I am not in favor of the motion. I'll be
voting against it.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yes, I think Mr. Saadeh
is trying to build a building that is too large for
the site. There are no special conditions which do
not result from -- other than from his actions.
There's no hardship, and he still has reasonable
use of that land. We have no testimony that says
that this is the minimum variance, and that to me
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is very important.
I think it would be granting a special
privilege to him and I don't believe it's in
harmony with the intent or the purpose of the code.
I think further I believe that the 50 -foot
separation that is in the PUD to begin with was
probably in recognition of the intensity of use on
the site as well as height -- potential height
issues.
There was a picture that the gentleman in the
yellow shirt back there, and I don't remember his
name, showed of the road that goes in front so that
you can head to the south golf course. Along that
area is a three -foot area that is obviously curbed,
which looks to me like it should be landscaped. It
looks like that's the reason -- otherwise, why
would you bother to even have that curb there, I'm
not sure what the point would be. But at any rate,
for all those reasons I will be voting with Mr.
Kolflat on this denial.
CHAIRMAN STRAIN: Anybody else?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I will not be voting
with the motion. We've heard a lot of details and
legalities. From a common sense point of view, if
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this building gets pushed back towards the north,
there will be more of a chance for the people to
see it. The noise is still going to be the same,
everything's going to be the same. It could have
went up three stories, it's only one story. I
really can't see where there's a tradeoff here and
I will not be voting with the motion.
CHAIRMAN STRAIN: Okay, I -- this board has
consistently tried to find compromise between
problem areas between neighbors and developers or
whoever. Usually the neighborhood informational
meeting is a big source for that compromise. That
didn't happen here because of the nature of this
request, variances don't require those. I wish it
had.
And I also believe that if we had more
information a solution could be found that would be
workable. we don't have some of the information
that I would like to have seen. I didn't realize
that the information would be needed until I heard
the testimony today. But it's unfortunate that --
I'm left in no position at this point than I'm
going to have to support the motion as well, so --
anybody else?
With that in mind, we'll call for the vote,
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Agenda Item No. 7A
Janu"26, 2010
Page 224 of 249
and we'll have -- let's do this by acknowledgment
and hand -- raise your hand. All those in favor of
the motion to deny the variance request, signify by
raising your hand and saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MURRAY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: One, two, three, four, five,
six in favor.
All those against?
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER HOMIAK: Aye.
CHAIRMAN STRAIN: Three against. Motion
carries. Recommendation of denial, 6 -3. .
Okay, thank you. We will take a break until
2:15. When we come back we'll start Naples Bath
and Tennis.
(End of requested excerpt.)
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CERTIFICATE OF REPORTER
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, Karen Blockburger, Registered Professional
Reporter, Florida Professional Reporter, do hereby
certify that I was authorized to and did report the
foregoing excerpt of proceedings, and that the
transcript is a true and correct record of my
stenographic notes.
DATED this day of
2010, at Naples, Collier County,
rida.
Ka n Blockburger
Registered Professional Reporter
GREGORY COURT REPORTING SERVICE, INC.
135/24
40/5
5/218/11
8/11
147/11
123/12
1,500 [5] 86/18 86/20 94/11 98/3 99/8
1.4 [3] 20/22 21/7 21/23
10 [11] 53/17 114/4 114/6 114/7 114/17
130/17 142/21 144/19 145/15 152/11
158/5
10 feet [3] 22/17 22/18 143/22
10,000[1] 31/5
10 -foot [5] 57/18 69/6 90/25 96/22
128/10
100 [4] 37/16 109/18 109/19 158/5
100 feet [t] 47/24
100 percent [1 ] 47/23
1104 [1] 131/4
11:00 [1] 3/6
11:30 [1] 3/5
12 [2] 92/24 128/19
12,000 [3] 31/24 92/15 98/12
12- year -old [1] 131/23
12:00 [3] 2/23 3/6 77/17
12:30 [4] 3/5 77/8 78/5 78/11
13 [2] 27/21 144/19
135 feet [1] 136/18
14 [t 6] 24/1127/22 57/22 69/7 92/24
107/9 109/23 111 f7 120/11 133/15
144/19 144/23 144/25 147/25 148/3
148/7
1460 [3] 3/21 138/6 156/13
15 [5] 1 0/1 2 10/20 25/14 33/15 107/9
15 feet [10] 10/924/1026/1258/458/11
108/21 108/22 120/12 137/8 143/2
15 -foot [4] 40/7 40/8 58/12 136/17
15.4 [4] 104/25139/15 139/22 141/9
15.4 -foot [1 ] 57/16
150 feet [1] 104/10
150 yards [1] 104/8
150 -acre [1] 32/20
16 feet [2] 58/22 122/14
160 acres [11 32113
165- acre[1] 32/20
17 [1] 1/5
17 percent [4] 87/3 98/6 99/12 100/8
18 -hole [1] 30/13
19,500 [1] 87/5
1985 [1] 143/12
1986 [4] 5/19 33/19 33/19 122/19
1987 [3] 25/8 102/8 121/20
1995 [6] 88/22 89/3 94/21 95/4 143/7
147/3
1996 [2] 119/23 123/11
1998(l] 131/22
12 1
?0 [18] 16/6 27/13 36/18 45/18 60/10
63/19 63/20 88/16 10516 105/16 105/20
111/18 120/18 131/15 143/20 148/7
152/25 158/6
20 feet [3] 141/1 143/2 143/22
20,000 [t] 32/3
20 -foot 111 96/23
?0 -year [1] 63/18
?003 [2] 135/12 135/17
2005 [3] 118/23 118/24 132/25
2006 [t] 71/19
2008 [1] 136/22
2009111 115
2010 [1] 162/12
21,000 [t] 32/4
2104 [1] 127/2
22 [5] 10/25 16/7 2518 50/22 51/5
23 [7] 8/2 10/25 19124 38/4 40/21 44/5
46/12
?3rd [t] 71/18
25 [1] 130/19
?5 feet [2] 27113 143/20
29 [t] 1315
13 1
.1 1617 36/18
lot [1] 96/23
acres [1] 154/17
[1] 140/8
]] 10/2 10/5 25/17
acres [1] 32/15
acre [1] 146/20
I] 140/18
[7] 151/6
00 [1] 24/2
[4] 10/3 58/7 58/24 60/18
feet [11 25/17
percent [1] 132/24
foot [1] 10/5
) [1] 3/23
[1] 117/16
[t] 112/2
feet [2] 58/7 70/4
feet [2] 60/19 61/11
foot [2] 58/24 61/5
story [1] 59/8
i.4 [1] 98/25
50 [t] 25/16
50 feet [11] 40/9 68/13 68/25 69/22
70/14 89/24 90/14 90/18 90124 101/21
139/17
50 percent [2] 118/8 119/24
50 yards [1] 104/10
50 -foot [21] 9/16 9/22 10/1 11/6 1117
25/18 33/18 4017 40/11 58/9 69/24
96/19 96/24 98/10 120/6 12119 143/10
143/11 143/13 153 /24 159/5
52 [1] 18/8
1 161/18
)1 [2] 89/19 90/5
)1.A [1] 9214
)1.B [1] 90/13
86/13 95/16 118/5.
A [2] 104/7 105/1
A [11 93/14
[3] 1 31/1 5 135/12 135 /16
rcent [t] 117/25
71 36/24128/21 136/6150/16
,500 [1]. 86/25
70 feet [2] 86/1395116
75 [1] 154/24
75 percent [2] 113/23 118/5
7:00 [2] 150/24 151/14
100 [2] 31/5 105/20
feet [5] 48/6 69/5 97/2 98/13 143/5
-foot Ill 106/21
[11 117/16.:.•
),000 [12] 32/1 36/6 87/1 92/13 9316
94/12 98/1 98/10 111/9 120/5 120/10
122/13
)0 [1] 150/6
)0 -acre [1] 32/18
136/8
[ 11/5
]
63/12 141/14 155/18
36/2 36/9 57/22 60/13 74/6
86/17 114/19
about [62] 2/4 5/8 5/10 6/17 8/1 8/5 14/6
15/21 19/20 22/1 26/23 27/7 32/3 32/4
32/15 34/2 35/11 50/8 51/2 51/3 5116
67/15 67/24 71/20 73/13 73/14 78/21
81/17 83/10 85/19 85/21 86/13 86/18
87/4 89/4 89/14 89/15 89/16 92/23
94/10 96/18 98/13 101 /10 102/25 104/4
104/8 104/22 104/24 110/16 111/15
113113 113/17 115/1 116/16 116/25
117/4 117/25 126/18 127/11 129/16
13617147/9 --
above [6] 58/23 61/12 70/4 135/14
137/4141/8
absence [1] 128/11
absolute [1] 62/14
absolutely [2] 64/4 112/11
abutting [5] 69/1 89/2 90/14 90/18
accept [2] 76/6 80/1
acceptable [t] 147/12
accepted [1] 66/19
access [5] 35/23 37/16 92/7 129/2
153/19
iccessory [2] 85/23 92/19
accommodate [6] 36/7 6515 95111 98/1
100/12 144/25
accompanying [1] 120113
accomplished [1] 103/25
tocording [2] 59/11 86/12
account [2] 36/20 46/12
iocurate [3] 2/1931/11 155/12
tchieve [t] 98/5
tchieved [7] 960
tchieves [1] 91/18
acknowledges [1] 86/9
acknowledgment[7] 161/1
acre [4] 32/18 32/20 32120 146120
acres [4] 32/12 32113 32/15 1 54/1 7
across [3] 19/13 4215 132/8
act [7] 69/3 70/6 70/16 90/21 91/6 91/24
101/23
acted [t] 105/17 ,.
action [3] 88/199/19 99/25
actions [4] 87/21 88/3 100/3 158/22
active [1] 137/9
activities [7] 85/15 87/6 8819 88/16
r"
activities... [3] 102/23 127/14 128/16
activity [10] 102/25 103/1 106/13 116/9
117/24 117/25 11811 118/4 125/14
132/6
actual [41 16114 5616 106/4 143/1
actually [31 ] 12/12 23113 24/25 25/6
26/3 30/4 35/21 37/22 41/13 42117
54/12 55117 60110 64/7 64/17 65/14
65/16 71/5 107/12 113/4 127/10 138/3
143/2 143/11 143/17 145/3 146/3 146/4
1 5211 5 115>4/9 1 54/1 1
add [4) 49/11 59/13 131/21 14814
added [31 38/11 136/1 144/10
adding [4] 17/8 44/9 112/6 112/13
addition [51 92/15 128/13 138/23 139/6
140/24
additional [161 7/14 1713 17/3 17/10 22/
27/17 87/9 91120 100/9 101 /18 106/17
109/11 112/15 136125 140/22 140/25
additionally [21 92/4 147/19
address [3] 23/3 4117 131/3
addressed [2] 41/9 113/3
adeg6ate(4) 11/14 58/12 111/5 133/5
adjacent [19] 57119 58118 59/5 62/8
81 /14 82/23 86/21 88/9 89/22 91 /19
92/16 94/18 96125 97/15 98/22 98/24
99/10 102/10 121/8
adjustment [3] 102/6 1 30/1 8 143/15
advantage [2] 141/21 153/21
advantages [1] 141/18
adversely [3] 82/23 65/15 135/25
aerial [2] 94/20 97/6
aesthetics [1) 62/22
affect [2] 138/25141/14
affected [61 82/23 85/15 116/17 117/13
127/5 134/12
affecting [11 62/22
afford [1) 158/13
afforded [2] 18/24 119/12
after [17] 6/24 18/20 29120 55/12 75/22
7814 78/24 79/3 83/13 103/23 109/20
109/25 111/18 131/24 132/2 136/24
152/19
afternoon [6] 119/15 124/20 126/25
131/13 1 35/1 5 150/17
again [53] 7/6 11/12 14/1 14/24 15/16
16/17 17/1 17/12 23/2 24/12 2517 25/10
26/14 32110 33/18 39/1 39/25 41/18
43/10 45/25 50/23 73/22 82/18 82/19
83/8 85/3 90/8 92/9 93/6 94/8 94/10
94/15 95/13 95/15 95/23 97/2 97/12
97/15 98/6 98/8 1 00/1 4 1 01/1 8 102123
110/1 113/2 12317 137/12 144/21
152/18 152/24 154/10 155/24 157/8
against [11) 23/14 33/15 46/22 47/3
58/2 73/22 75/20 102/3 158/17 161/13
161117
agenda [1] 80/3
agent [1] 132/12.
ago [4) 25/8 27/22 37/2 60/10
agree [161 40/22 42/14 54116 59/24 60/1
60/20 64/17 70/3 72/9 74/17 74/23
74/24 96/16 100/14 104/3 129/4
agreed [4] 143123 147/3 1 58/1 2 1 58/1 5
agreement [41 27/12 75/9 80/4 8612
ahead [5] 75/25 61/20 108/25 134/10
15113
air [3] 125/13 14012 141/10
all [123] 2/10 3/17 3/18 4/2 4/5 516 5f7
5/13 6/4 614 6/15 Bf7 9/9 1 112 11/18
12/6 17/11 23/5 23/24 24/1 25/3 26/20
27/7 27/23 30/3 31/12 32/7 33117 34/12
35110 35/23 36111 36/15 40110 40/15
4215 42/13 44/8 45123 46/14 4715 50/25
52/2 52/19 52123 55/2 59/20 60/23 61/9
6211 62/23 63118 64/2 64/18 65/10 7216
73/8 73115 7417 7511 75/4 75/16 78/17
80/9 82/8 82/19 83/2 83/13 86/1 91/10
94/4 94/6 95/2 99113 100/22 103/12
10418 105/12 10613 1 06/1 0 106/24
107/8 107/12 10815 108/6 109/8 109/20
113/6 113/10 113/25114/15 114/16
114/24 115/1 115/7115 /17 115/25
11619 116/14 116115 118/2 11 8/1 2
121/2 122/5 12917 131/17 131/20 132/2
132/6 135/14 135/15135/20 136/6
137/4 139/8 140/14 143/16 145/11
151/24 158/7159/19 161/2 161/13
allocated [2] 77/23 124/18
allow [4] 64/1 97/5 128/1 144/13
allowed [8] 25/17 39/25 57/21 59/17
68/23 69/4 69/24 139/16
allowing [2] 57/20138/5
allows [6] 9/23 10/17 33/20 51/17 58/5
almost [6] 15/17 15/19 37/2142/5 116/9
128/20
along [7] 42/4 45/24 93/4 97/11 136/9
154/23 159/13
alongside [t] 67/15
already [121 51/4 11313 114/17 11713
117/4 117/16 117/19 119/2 124/18
128/18 131/5 137/18
also 1381 5/16 11/10 13/8 20/7 29/22
38/19 55/19 57/17 57/22 58/17 59/2
59/5 59/13 67/17 82/21 83/16 85/25
87/8 97/24 99/15 100/11 105/17 106/5
106/25 117/13 126/14 131/25 132/25
133/19 139/8 139/18 139/22 140/21
141/4 144/1 147/13 15413 160/16
although [31 7/4 21/21 140/19
altogether it] 35/3
always (1) 126/19
am [17] 49/9 53/24 76/2 105/20 109/1
117/5 130/14 130/20 1 31 /6 131/15
13211 133/9 135/12 135/12 135/24
138/6 158/16
amenable [11 59/1
amend [11 63/25
amended [2] 61/25 62/4
amending [t) 40/11
amendment [11 79/9
amount [e1 31/1 78/21 92/17 93/10
93116 109/13 113/24 157/19
ample [3] 9/5 35/4 147/4
analysis [3] 64/16 105/21 141/8
analyze [11 110/1
and /or [2] 93/5 112/15
angles [1] 94/7
angry [t1 105/2
announce [t] 2/3
annoyance [11 51/17
another [23] 11/21 14/24 1518 15/9 16/3
16/13 15/15 20/25 2216 25/10 30/7
35/11 38/10 39/13 77/9 90/25105/3
115/6 115/16122/11 127/24 133/12
144/17
answer [8] 18/19 31/8 59/21 100/8
100/22 120/8142/6 149/13
answered [2] 100/7 153/5
anticipated [1] 58/8
any [90] 2/11 6/12 11/2 11/2 11/5 12/1
12/16 14/25 15/1 18/19 22/13 22/18
23/16 27/17 27/25 31/17 36/2 40/9
42/1143/19 45119 46/25 47/21 4811
48/2 55/4 56/18 57/1 58/14 59/21 60/16
60/216518 67/7 67/9 67/19 70/19 76/14
78/7 84/20 87110 87/11 88/4 88/14
91/18 92/12 95/23 96/6 96/25 9715 99/2
100/22 100/24 101/24102/5 103/4
107/5 111/9 112/4 112/5 121/21 121/24
127/18 128/11 128/14 129/5 12918
129/12 133/14 137/14 137/16 141/4
142/1 0 143/4 143/13 144 /12 144113
147/5 147/13 148/8 149/5 149/12 15118
15317 153/22 154/1 156/3 156/23
157/20159/18
anybody [301 4/14 4/24 5/20 813 8/4
8/15 11/3 17/19 27/15 32117 4417 46/25
56/17 57/2 60/25 6`1/4 62/14 7817 80/19
84/16 100/24 103/4 145/15 149/6
151/13 153/7 156/3 157/2 159/21
160/24
Anyhow [11 B/10
anymore [3] 55/23 109/21 149/17
anyone [1] 133/7
anything [12] 9/20 15/18 15/19 28/21
33/7 50/20 52/9 74/14 115/21 132/16
142/6 146/16
anyway [9] 26/8 41/20 43/15 43/18 55/2
64/16 84/24 101/14 134/9
anywhere [101 7/8 9125 10/2 13/23 16/6
27/10 31/13 96/12 146/15 151/23
apparently [2] 47/1 113/12
Appeals [2) 72122 84/11
appears [2] 37/21 98/3
applicable [1] 45/2
:applicant [341 2/10 43/20 45/20 57/2
57/21 58/10 59/2 60/17 78/25 86/23
87/13 87/2188/3 88/13 88117 88/21
89/25 92/13 94/17 95/19 95/21 95/25
99/3 99/4 99/11 99/20 100/1 100/3
100/6 120/15 120/22 1 21 /1 7 121/19
156/23
applicant/developer [5] 87/13 88/17
applicant/developer's [1) 95/21
application [151 61/8 61/13 75111 82/20
85/6 85/17 85/21 89/10 90122 92/1
93/10 98/3 100/19 120/10 120/13
applications[1] 76/6
4ppraiser's [11 94/21
appreciate [10] 18/2051/1453/11
103/16 118/13 130/11 130/24 131/9
137/24 138/1
approach [2] 58/1 73/24
approaching [1] 78/22
appropriate [8] 62/10 69/2 69/5 69/15
69/18 70/6 91/24 93/21
appropriately 141 90/20 9115 101/22
approval [5] 57/15 59/24 133/10 141/8
141/13
approve [3) 18/9 36/3 72/8
approved [11) 59/16 75/6 75/7 76/9
76/10 86/5 90/1 95/19 100/15 138/24
144/1
:imately [8] 35112 47/22 5817
95/16 99/8 139/23 155/16
49/22
of [2] 39/14 147/24
ctural [1) 138/12
1
architecture [11 122122
are [107] 2/8 2111 2/12 3/113/17 4/3
8/18 9/15 11/19 13/25 16/6 18/14 18/16
20/6 20/16 21115 2212 24/5 29/3 29/23
30/4 30/9 32/14 32/20 32125 34/12
34/13 34/13 35/5 35/13 38/12 40/16
40/21 41/6 47/11 48/9 49/4 49/10 49/15
49119 49/22 50/4 5015 50/6 5217 52/19
52/22 5514 58/19 59/6 60/2 60/3 60/4
6017 7217 72(7 74/10 76/1 76114 7716
78/6 78/22 78/22 82122 83/3 83/6 85/9
99/18 99/24 1 01 /5 102121 1 D6/10 109/2
11115 112/9 113/17 11525 117/3
117/15 117/17 11721 117/22 118/2
118/3 119/24 12213 125/18 127/18
130/13 134112 140/15 140/18 14021
142/14 142/15 142/24 146/3 146/6
148/8 148/10 149/17 149/21 14923
150/14 151/12 157/8 15821
area [44] 6/8 6/8 7/17 1223 30/16 32/8
35/12 38/21 38/22 5525 56/8 5624
61/19 67/11 6819 69/2 69/9 70/13 70/14
83/25 862 86/22 90/20 91/21 96/14
99/10 101 /13 101/22 102116 10224
110/15 114/4 116/10 116111 116/11
125/16 126/4 126/14 128/16 129/15
132/17 15123 159/14 159/14
areas [2] 26/24 129/14
areas [71 32116 5722 91/4 92/8 92/9
138111 160/10
aren't [3] 39/22 62/19 82/12
argument 13] 39/11 51/15 137/11
aromatic [1] 140/12
around (19] 6/2 6/3 6/4 8/7 17/11 25/4
35/22 35/24 37/16 4925 63/9 85116
95/2 108/16 109/6 127/4 135/10 140/19
15222
arrived [2] 82/25104/22
articulate [t] 73/12
as [159] 2/8 2/8 5/8 5/9 7/16 11/8 11112
11/14 11/15 11/18 12/18 13/16 13/16
1324 14/2 15/5 16/16 16/21 17/10
17/16 21/17 23/2 23/14 23/14 27/6
27/14 27/14 3117 31/9 38/12 39/12
39/16 39/17 41/2 41/17 42/6 42/6 42/25
44/20 44120 45/25 50/13 50/22 51/18
53/23 53/24 54/6 54/17 54/17 54/23
55/1 5511 55/18 55/21 55/22 56/15
5620 56/21 57/22 61113 61120 6122
65/13 65/13 68 /2 69/3 69/9 69/15 70/7
70/16 78/2 78/22 79/11 82/10 83/1
83/21 84/13 84/14 8423 88/11 90/21
9116 91/22 91/22 91/24 93/25 9423
95/4 96/3 96/3 96/24 97/3 97/12 98/20
98/24 9917 99/20 101/23 102/16 102/16
102/20 104/20 105116 105/17 107/9
107/16 109/14 112/3 112/17 117/9
117/13 11817 11917 119/14 12021
120/23 123/9 123/14 1 24/ 19 12713
126/18 12823 130/6 130/6 132/1
133114 133/14 135/16 135/23 135/23
136/19 138/19 139/4 139112 139/16
140/13 142/10 142110 144/3 144/8
145/9 145/14 145/21 145/21 146/8
147/14 147/23 14725 14917 15021
152/4 153/16 155/18 156/24 157/24
158/1 159/8 159/8 160/23
ascertain [2] 31/1 77/15
ask [171 2/9 3/25 28/16 35/8 35/10
3524 36/1 61/4 99/16 11415 114/12
119/10 119/12 122/12 129/25 134/8
157/20
asked 1111 14/3 15/12 18/11 25/16
28115 40/8 66/3122/11 132/15142/3
151/4
asking [7] 31/25 39/8 41/15 51/22 63/16
98/16114/16
aspect [21 96/17151/11
aspects [5] 84/3 84/6 85/5 99/14 121/3
asphalt [5] 55/25 56/1 56/12 56/15
91/14
asphalts [1] 56/5
assemble It 81/25
assert [3] 85/2598/20 99/22
asserted [71 45/19 87/11 87/19 88/2
88/14 92/13 99/2
assertion [t] 95/22
assist [1 ] 14325
associated [21 50/18 52/7
association [8] 13/613/9 81/13 82/19
123/23 130116 1 58/1 3 1 58/1 3
associations [21 123/15 123/15
assume [2] 21/8 15817
assure [3] 56/20 77/20.77/22
assured [1] 132/14
at [139] 225 3/4 3/5 3/6 3/6 323 5/21
6/2 6/8 6/10 6/16 7/1 7/3 7/6 821 10/8
10/9 112 13/13 15/9 19/16 24/1 24/10
25/7 25/9 27/5 27/11 27/14 27/19 30/9
31/12 31/16 33/17 33/23 35118 35/25
36/17 36/19 36/23 37/1 37/7 37/19
40/10 4023 4024 41/1 42/3 47/9 4913
52/18 52/20 52/24 53/22 54/6 57/9 61/3
6117 61 /8 61/13 62/2 62/16 62/23 72/13
73122 7413 75/14 75/16 76115 77/6 7718
77/9 78/4 78/6 78/11 81/1 84/9 86/6
86/18 88/9 89/2 91/4 91/10 100/25
102/13 104118 105/2 105/10 106/19
107/2 107/12 107/13 108111 109/10
109/25 1102 110 /19 110/21 111/7
111/13 113/22 115/1 115/9 115/23
118/10 123/16 125/15 127111 12820
131/15 13124 132/6 132/12 132/22
135/16 136/8138/9 139/14139/19
139122 140/4 140115 140/21 141/23
143/12 144/2 144/10 144/12 144/21
14511145/6145/171462147 /15
147/16 150118 151114 159118 16022
162/12
athlete [t] 3223
attendant [11 88/8
attention (21 97/9 12223
attorney [9] 4420 44/22 47/4 5623
72/15 75/7 76/5 76110 132/19
attorneys [1] 82/12
attractive (3] 3225 33/2 5917
audience [1] 150/25
authorized (2] 84/13 162/6
available [41 83/17 84/15 100/22 129/17
avenues (1] 31/12
average [1] 24/11
avoid [41 9/8 41/19 128/4 149/2
avoiding [11 39/20
aware [3] 2913 132/5 152/16
away [7] 24/15 54/5 97/3 10417 122/4
136/21155/4
aye [201 80/9 80/10 80/11 80/12 80/13
80/14 80/15 80/16 80/17 80/18 161/4
161/5 161/6 16117 161/8 161/9 161/10
B
back [69] 3/5 3/6 3/16 320 5/21 8/19
11/23 11/24 12/9 13/25 14/18 15 /6 17/1
2218 23/8 23/14 33/18 33/19 30 38/25
41/24 42/6 43/8 49/19 49/25 51/19 52/8
53/2 55/16 55/20 55/22 56/14 57/9
62/15 62/18 62/2168/25 70/13 77/8
77/12 78/4 78111 78/16 89/5 90/13
90/17 90/24 96/9 101/20 106/5 107/2
113/8 116/6 116/8 116/22 11817 133/
133/16 133/17 143/7 145118 147/3
152/25 153/4 153/23 155/15 159/11
160/1 161/20
aackdrop [2] 15/15 24/20
)ackground [3] 85/5 88/11 105/9
mckward [1] 6/6
aackyard [1] 37/15
)ad (51 112/6 112/9 11817 119/7 126/16
Wconies [7] 12/4
)alconv fll 11/25
3are [t] 9521
Sam [2] 36/25 36/25
3arometer [1] 22/12
Barrenness [1] 91/22
Barriers [1] 144/11
Based [12] 36/5 39/20 43/4 64122 65/19
79/10 86/13 86/15 87/18 93/9 93/15
141/8
3asically [8] 25/18 4013 112/15 112/25
115/6 115/11 115/19 148/10
3asics [t] 11411
oasis (9] 8/22 13/20 37/7 4924 53/3
88/4 112/4 112/5 157/13
Bath [7] 2/6 221 3/8 4/2 78/18 79/4
161/20
BCC fll 4421
83/1291/12
21/1
1] 9/8
[3] 2724 60/17 153/3
because [781 2/5 2/16 2123 3/25 5/10
6/7 6/11 8/2 8125 10/17 19/10 19/20
20/24 22/10 22/14 22/2123/3 25/16
31/16 33/19 3422 40/4 40/2142/8 4417
45/12 4625 47/15 51/23 5421 58/9
59/3 59/6 63/10 64/19 65/6 66/3 66/16
66/17 66/24 67/8 68/15 68117 69/22
77/9 77/24 79120 82/22 63/13 8920
93110 97/14 101/9 101/18 10825
.11123 112/8 113/15 113/22 114/3
11620 116122 118/2 120/9 120/23
13015 131/18 132/25 133/1 133/4
133/16 134/20 13723 143/18 144/12
146/19155/5 160/13
become [2] 83/12 145/21
becomes [11 66/18.
bed [11 87/23
bedroom [21 11/25 125/11
bedrooms [3] 136/4 136/5 136/6
been [58] 5/6 5/18 7/23 8/12 8/13 9/4
1025 17/6 18/10 1923 2924 36/18
37/8 43116 44/4 4418 45/24 46/12 50/22
51/5 65/12 69/17 74/12 87/14 93/6 93/7
96/7 9717 97/9 103/22 107/10 114/17
119/1 119/22 120/3 120/7 12023
124/18 12523 126/12 126/16 126/16
126/18 128/18 128/19 12821 129/15
130/6 130/6 130/16 131/5 131/16
131/19133/71442215222155 /6 _
157/16
beeping [2] 52/6 52/10
before [25] 2/23 3/10 3/25 7/11 7/12
17/4 41/25 43/18 44/11 46/4 63/23 64/7
)afore... [13] 76/1877/1078/1984/11
88/11 105/8 106/24 107/1 111/16
118/25 130/19 142/5 145/5
begin [1] 15916
beginning [2] 81/1 104/19
begun It 117/4
behalf [3] 3/19 4/5 95/6
behaviors [1] 129/4
behind [5] 15/16 16/4 23/16 38/21
104/23
being [20] 6/10 14/10 23/11 30123 33/10
4914 79/25 85120 87/23 90/24 91/3 91/3
92/3 102/15 105/24 117/9 128/3 146/17
147/6 154/14
beings [t] 50/7
belief [1] 101/5
believe [21 ] 5/6 43/25 45/12 83/7 85/8
85/10 86/16 87/8 95/23 96/6 97/22
101/17 102/5 133/5 141117 150/16
151/8 153/17 159/3 159/5 160116
Bellows [5] 12/21 67/23 69/13 72/17
119/16
below 111 62/6
bend [1] 127/4
benefit [4] 59/3 61/15 75/17 157/10
benefiting [2] 5019 157/1
berm [120] 6/2 6/3 6/7 6/14 10/23 10/24
11/1 11/12 11/17 15/5 15/7 15/11 16/4
16/4 16/6 16/9 16/11 16/13 16/15 16/21
17/16 23/9 23/14 23/17 24/18 24/21
24/25 25/2 31/14 31/18 39/14 39/15
41/25 42/1 42/3 42[7 42/11 42111 42/15
42/15 42/18 42/18 42/21 42/25 43/5
43/9 44/4 45/8 46/11 46/20 54/20 55/8
55/16 55/18 55/21 59/3 60/8 60/10
60/17 60/21 60/23 62/13 62/16 62122
63/1 63/2 63/10 63/13 63/17 63/18 64/7
64/12 64/13 66 /8 86/10 87/1 88117
88/18 93/11 93113 93/14 93/16 94/1
94/2 94/3 94/4 94/8 94/11 94/15 94/16
95/2 95/11 95/12 95/20 96/15 97/25
100/10 121/15 127/8 127/12 127/19
127/22 127/25 133/19 136/16 136/18
143/8 148/5 149/5 149/7 152/19 152/21
153/14 153/19 154/1 154112 154119
154/23 155/2 155/10
)arm's [2] 62/19 86/13
)est [4] 19/23 34/21 117/9 148/4
3etter [8] 27/16 27/25 65/15 111/24
113/1 124/17 133/7 135/9
)etween It 5] 24/22 26123 54116 68/9
70/14 9117 91/10 96114 96/22 96/22
125/20 144/14 150/6 160/9 160/10
)eyond [1] 89/5
Ag [14] 23/18 26/23 39/11 52/8 52/8
105/4 107/6 112/13 118/8 143/7 149/8
152/5 154/22 160/12
Jigger It 1 38/23
)ins [1] 128/2
At It 7] 5/19 7/23 2918 34/2 5214 56/4
56/25 62/17 62/17 63/5 63/6 73/25
114/3 127/4 130/1 154/15 155/9
Hades [1] 139/4
)lame It] 82/17
)lasting [1] 155/8
3lockburger [2] 162/4 162/16
)locked [1] 39/5
Hocks [1] 148/18
Noom [3] 129/21 129/23 130/14
flowers [2] 138/23 139/5
flown [1] 11/20
blown -up [1] 11120
blue [1] 136/15
board [l 9] 13/10 71/17 72122 75/3 79/1
81/17 84/11 100/19 119120 119/21
120/1 123/19 123/20 124/2 126/9 130/4
133/11 156112 160/8
boards [2] 130/18 1 30/1 8
Bob [4] 1/18 43/3 76/4 82/15
bome [t] 87/9
both It 6] 2/B 12/23 22/14 23/4 29/25
54/16 57/15 105/11 108/11 110/19
112121 117/21 13615 146/3 148/12
153/20
bother [1] 159/17
bothers [t] 5317
bottom [1] 42/15
bought [3] 7116 111/18 1 23/1 2
boulders [6] 149/8 149/9 154/21 154/24
155/7 155/9
Boulevard [2] 3/24 6/4
boulevards [t] 158/2
boundary [11 7/8
box [3] 11 6/1 3 116/14 1 40/25
Boy [1] 82/12
Brad [2] 1/19 37111
brainer [2] 17/8 155/6
break [5] 3/4 78/8 78/10153/12 161/19
breakfast [2] 3/13 3/14
breaking [t] 78/7
brief [2] 51/17 135/21
bright [2] 1 06/1 9 106/22
bring [7] 18/6 36/11 46/23 104/25 113/
113/18 138/5
bringing [4] 37/3 42/9 106/16 112116
Broad [1] 135/6
broke [t] 122/19
brought [5] 6/19 9718 112/19 12615
Brzeskl [1] 79/8
buffer [65] 7/3 7/6 7/9 7/11 11/8 11113
11/14 12113 12114 14/16 1713 27/7
27/12 27/24 55/8 57/18 57/19 57/21
57/24 58/18 68124 69/3 6914 69/5 69/6
69/9 69/11 69/15 69/15 69/20 69125
70/7 70/8 7019 70/11 70/15 70/16 71/2
71/5 71/6 88/19 89/6 90/21 91/6 91/23
91/25 92/9 97/5 97/7 97/12 101/23
12017 121/10 128/10 128/12 143/10
143/12 1 43/1 3 143/22 143124 146/25
147/1 147/4 147/11 147/16
buffered [3] 69/22 101/9 102/18
buffering [15] 85/12 85/13 89/8 89/16
89/19 91/16 91/16 94/18 98/17 98/17
98/18 101/18 127/19 129/17 129/18
buffers [1] 93/17
build [29] 9/9 10/1 10/4 10/8 17/19
22/22 26/15 32/12 32/13 34/18 37/14
38/18 39/17 41/23 4317 43/13 61/5
61/10 66/4 66/7 66/25 86/24 93/3 99/4
112/10 115/5 12015 121/12 158/20
builder [2] 82/15 93/18
building [256]
buildings [21] 11/1612/715/115 /2
23/12 26/16 34/17 35/16 48/19 64/1
70/2 87/5 90/13 90117 9315 96/25 126/9
147/6 150/1 150/1 154/5
bulk [35] 6/2 6/14 7/5 11/13 13/3 15/6
17/2 17/2 17/4 23/16 25/8 26/22 27/2
27/16 32114 42/4 44/12 60/10 95/3
100/11 102/7 121/24 127/25 132/15
140/18 143/3 144/16 14714 149/17
149/21 149/23 15015 152/19 154/5
157/18
66/15
95/25
1] 138/9
bush [t] 91/9
business [9] 1/11 8118 84/16 105/18
105122 112/3 154/14 157/6 157/14
but [118] 2/25 3/10 3/16 514 5/6 6/15 8/4
10/22 11/915/18 17/18 22/223/11
23/19 25/6 26/8 29/19 29/24 31/13
34/113615 37/18 38/13 38/16 41/10
41/20 42/15 42/20 4317 43/12 43/18
44/13 45/11 45/25 46/5 47/2 48/22
49/14 50/9 51/16 52/17 53/5 53/10 54/4
54/16 54/25 59/5 59/10 59/14 60/6
60/16 61/13 61/25 63/1 63/15 63/22
64/5 64/21 65/9 66/22 68/13 69/21 70/5
70/12 71/3 71/8 71/9 74/8 74/12 74/25
77/25 79/22 83/24 90/15 91/3 91/21
95/16 98/3 101/12 102/5 102/20102/22
105/2 106/3 106/8 106/24 107/13 112/7
113/4 115/17 115/22 118/15 119/3
119 /6 125/11 126/19 127/4 132/25
133/1 133/13 135/20 14111 142/18
143/20 144/1 145/5 145/14 148/16
151/10 151/11 151/15 152/16154/22
155114 157/24 158/6 159118 160/21
button [t] 108/13
buy [5] 111/23 112/25 113 /5 113/7
120/20
65/14 111/22 120/16 145/11
C.O.'d [1 ] 8/11
cafeteria [1] 3/12
calculated [2] 147/24 147/24
call [5] 69/18 76/18 135/4 144/7 160/25
called [5] 9/16 13/7 40/5 69/11 71/1
calling [1] 69/20
calls [21 41/3 41/3
came [10] 7/16 21/16 33/11 38/1 53/15
53/17 103/23 126/10 143/10 147/9
ran [76] 2/22 3/8 10/1 11/18 12/10
12/12 12113 12/16 19/6 23/2 24/14
26/15 27/9 28/15 28/24 31/17 32/11
32/12 32113 3 8/1 3 41/25 4 216 53/7
55/22 59/14 59119 6417 64/21 72/20
73/12 75/24 77/7 77110 77/20 77/22
77/23 78/20 83/23 86/9 86/24 95/2
95/10 96/18 97/11 98113 103/19 103/24
107/7107/9 107/16 108/16 109/4
112/17 113/4 113/4 114/21 116/21
118/16 124/13 124/15 125/15 133/23
142/17 144/8 147/5 147/7 147/7 147/21
148/5 148114 148/16 153/14 154/4
155/11 155/22 159/13
can't [19] 8/4 32/10 38/12 39/10 39/19
43/11 55/22 63/9 64/6 65/1 66/7 66/16
66/25 67/4 120/14 143/19147/2 157/13
160/6
Cane [3] 125/6 126/24 127/1
cannot It 0] 35/7 46/7 87/20 88/4 97/25
12018 120/25 120/25 122[7 124/12
canopy [4] 57/23 58/21 58/23 6917
capacity [3] 112/7 112/14 113/23
car [5] 53/22 53/24 145/15145/16 147/:
card [1] 82/1
care [51 53/23 65/15 113/1 113112
120/18
areful [1] 141/24
;aron [7] 1/16 4/11 28/2 33/24 61/1
15713 158/18
carries [1] 161/18
carry [2] 41/16 109/6
cars [3] 125/24 127/16 136/7
can [t] 91/17
case [15] 2118 3/11 17/25 44/15 45/16
45/18 69/6 74/3 74/18 74/18 88/21
89/25 90/23 97/23145/20
cases [1] 44/24
Casey [2] 131/1131/2
catching [1] 52/3
category [1] 62/10
caught [1] 54/16
cause [2] 39/10 43/23
caused [3) 39122 41/18 69/20
ceiling [1) 24/11
cement [1] .136/9
center [1) 153/12
centered [1) 19/5
CEO [1] 5/15
certain [4) 33/4 34/23 34/24 157/19
certainly [17) 18/24 39/16 41/18 43/5
59/11 59/15 63/1 70/3 77/5 79/20 79/23
114/19 132/5 140/9 141/12 141115
158/3
CERTIFICATE [1] 16211
certify (1) 16216
cetera [4] 14/12 14/12 45/22 84/18
chain [1] 84/13
Chairman [8] 1/1679!781/981/16
83/21 126/25 134/3 13517
Chairman's [1] 83/18
challenge [1) 7412
challenges [1) 36/23
chance [2] 79/11 160/2
change [14] 13/15 13/18 40123 55/3
88/22 89/3 112/20 112 /21 112/21 121/4
121/6 150/23 157/6 157/14
changed [7) 17/11 44/9 48116 88123
88125 89/9 106/15
changing [2] 13/20 44/9
character [2] 106/13112/22
characteristics [1) 50/6
cheap [2] 65/2 121/15
chemical [2] 46/22 48/24
chemicals [1] 146/13
Cherie' [1] 55112
chief [t] 13818
chipping [1] 12617 -
chips [1] 126/7
choice [2] 69/19132/9
chose [4) 18/6 28/17 132/3 149/11
Christmas [2] 81/24 84/23
chunk (1] 145/17
Circle [2] 131/15 135/17
circumstances [2] 99/19 99/24
cited [1] 69/16
clapping [1) 129/25
clarification [t] 146/8
clarify [2] 25/22 148/11
cleaning (1] 140/13
clear [4] 13/16 67/12 90/4 145/9
clearly [2] 11/18 143/18
client's [t] 91/8
clients 12] 82/2297/4
clients' [1) 101/8
close [10] 20/21 22/23 35/20 105/7
109/4 114/7 142/18 142 /22 150/20
156/7
[1) 126/11
,11] 35/19
[4] 24/13 54120 93/19 104/15
closest [10] 48/2 48/5 48/5 98/14 104/21
135/13 135/24 136/16 143/3 143/4
closing [1] 94/24
club [32] 3/9 5/17 5/22 6/5 8/12 8/20
8/21 9/22 16/10 16/10 16/14 16/16 18/8
18/12 20/4 2017 20/15 29/2 29/4 46/19
59/5 79/4 94/10 117/15 117/17 117/19
121/17 127/13 132/1 132/15135/23
136/24
clubhouse [t) 42/13
clubs [t] 117/20
Clubside [47] 2/7 6/22 7/10 8/14 11/16
12/2513/713/814 /1916/2418/15
19/14 2716 62/7 81112 82/18 83/3 85/14
90/1 91/15 95/18 98/14 98/23 98/24
105/10 105/11 105/13 119/20 119/22
121/3 121/7 121 /23 121/24 12214 122/6
123/20 125/8 127/2 131/3 132/4133/13
138/14 139/1 139114 141/11 141/19
143/5
Clubside's [1] 120/6
coach [1] 136/23
Coastal [3) 95/5 148124 154/8
code [10] 36/14 67/18 71/5 96/5 100/5
122/10 137/11 147/23 148/16 159/4
codes [4] 36/10 37/18 38/12 144/7
collapse [1] 8/17
colleagues [1] 56/19
collected [2) 29/20 30/3
COLLIER (6) 1/4 1/9 1/11 151/2216213
162/12
colored [1] 11/10
combine [1) 9315
combustion [1] 140/3
come [30) 3/5 3/6 9/9 12/3 18/6 26/25
28/15 28/16 38/3 42111 42112 47/13
47/16 57/9 71/9 72/20 74/1 77/12 78/4
84/17 114!7 116/10 116/22 118/4
133/12 133/23 149/11 151/20 156/8
161/20
comes [4] 6/3 44/16 103/14 153/11
comfortable [3] 51/25 67/7 67/18
coming [9) 16/9 25/12 82/7 106/20
115/12 115/12 115/17 126/7142/14
comment [5) 50/20 54/7 129/9 145/9
154/10
comments [5] 97/18 12519 133/22 138/5
141/25
commission It 7] 1/4 1/10 4/10 72/20
72/23 77/3 80/6 81/10 96110 100/19
121/4 121 /6 12717 138/4 141/22 150/22
156/20
Commissioner [8] 21/12 29/17 57112
65/15 80/7 80/8 156/17 156117
Commissioners It 2] 5/1417/2071/17
75/4 79/7 84/5 100/20 119/19 127/1
130/5131/14156/13
committed [1) 13/21
common [4] 3218 123/17 158/14 159/25
communism [t] 54/11
communities [2] 53/20 117/12
community [32] 45/21 73/21 75/14 81/1:
81/14 83/14 87/17 88/10 90/1 93/19
95/18 98/23 98/24 104/2 104/3 106/11
106/17 116/2 116/4 117/5 117/8 117/11
117/14 119/2 119123 122/24 127/18
128/6 132/10 141/11 146/22 157/25
company [4) 18/21 105/19 148/3 15414
comparable [7] 58/13
comparatively [t] 141/20
complained [3] 19/20 129/1 136/6
complaint [2) 8/14 51/6
complaints [3] 121/21 121/24 121/25
98/23
completed [1) 157/21
completely [5] 16/19 72120 101/24
106114 151/18
complex [2) 1/13 16/25
compliance [1] 85113
compliment [1] 33/1
comply [4] 92/10 99/6127/23 134/23
component [1] 48/24
compromise [2] 160/9 160/12
conceivably[1] 138/22
concept It 90/16
concern [7] 50/14 51/23 53112 92/11
101/8 10312 1 51 /10
concerned [2) 67/14 130/7
concerns [5] 50/4 102/21 131/19 138/5
141/25
concise [1) 119/13
conclusion [5]..71/9 84/10 98/20 112/1
14117
concrete [4) 7/5 47/17 152/3 155/24
concur (1] 147/25
condition [t] 96/15
conditions [12] 17/1564/1864/2087/2(
88/2 9613 99/18 99/20 99/24 110/25
111114 156/21
condo [8] 105/7 132/4 132/13 132/13
132123 136/4 138114 140/18
condominium [4] 81/12 82/19 122/13
136/24
condos [3) 139/1 139/24 141/21
conduct [1] 13/19
conducted [1] 1/11
confident [1] 5/20
:onfused [2] 40/13 109/11
:onfusion [1] 69/20
:onnect [1] 60113
:onnected [t] 6/22
:onsequentiy (1) 139/1
xmservative [1) 74111
:onsider [5) 60/23 82/20 82/21 117/11
133/3
:onsideration [5) 85/2 97/20 129/6 133,
141/24
onsidered [1) 60/8
:onsidering [2] 817 116/19
:onsistent [2] 27/20 89/7
:onsistentiy [t] 160/9
:onsolidate [t] 115/7
:onstituency (1] 77/25
:onstituents [1] 14/5
:onstitute (1) 88/4
:onstitutes [2] 44117 72/4
:onstitution [1] 54/13
onstruct [2] 128/4 137/7
:onstructed [5] 6314 65/8 94/16 1 52/1 3
154/19
constructing [1] 106/3
construction [11] 5/21 5/22 7/13 22/22
39/23 41/19 66/12 128/1 128/8 138/22
152/17
consultant [1] 95/6
contagious (1) 2617
contained [1) 89/11
contains [2) 72/3 13614
contaminated 11] 141/5
contemplating [1]- 6/25
contemporary [21 71/4 71 /6
contents [1] 89/21
continue [11] 2117 72/25 7718 7813
79/14 80/2 10518 117/6 130/2 146/11
C
coverage [2] 31/1 31/25
covered [6] 71/21 99/13 107/11 113/23
131/5131/19
continue... [1] 158115
continued [1] 6115
covering [t] 37/20
continuing [11 117115
craft It] 40/24
contracted (1] 53/18
cranking [1] 151/14
contrary (2] 93/22 101 /25
crazy [1] 154/21
control [1] 121/2
create [5] 7/3 116/2 122/20 136/12
controlled 111 87/16
14015
39/23
51 26 /1 26/10 40/15 40/18
58/13
conventionally [1] 26/14
conversation [1] 96/8
conversations [1] 4/21
converted [2] 62/5 62/6
cooperation [1] 133/3
cooperative [1] 133/24
copied (1] 3015
copies [3] 11/10 29/25 8417
copy It 01 14/4 28/11 28125 29/15 29/18
41/8 7319 84/5 124/14 135/18
comer [6] 42/2 48/5 48/6 135/13 143/4
143/4
Corp [1] 29/3
Corporation [6] 3/23 5116 95/7 10714
128/17137/6
correct [11 ] 20/12 26/3 42/16 4412 45/4
45125 49/9 49/17 67/21 81/5 1628
corridor[1] 98/16
cost [3] 10019 141/18 155/25
could [56] 311 7122 19/4 19/8 21/18
22/13 23/9 28/14 29/16 33/14 35116
36/8 36/17 37/14 39/6 39/14 41/14 4313
43/7 49/11 49/11 55/6 61/11 61/12
62/15 62/16 63/2 63/20 66 /11 71/9 73/5
77/15 81/16 82/1 83/2 94/25 99/4
100/11 103/15 104/14 107/10 108/21
110/3 11015 111/8 111/19 129/17
138/21 139/6 142!7 144/3 153/2 155/4
158/13 160/4 160/17
couldn't [7] 17/17 27/24 37/19 38/24
66/4 68/20 164/7
counsel [t] 14/11
count [2] 92124 145/4
counting (1] 87/6
country [t 1] 5/17 8/19 16/14 16/16 29/2
29/4 59/4 121117 127/13 132/1 132115
county [33] 1/4 1/9 1/10 6/11 6/18 6/23
7/3 9/19 11/3 27/6 27/15 27/21 35/8
40115 44/20 44/22 45/9 56/23 60/13
71/17 73/17 73/18 75/3 7517 76/5 76/10
100/20 147/12 147/13 151/22 156/12
162/3 162/12
county's [3] 73/24 74/12 96/2
couple [4] 18/14 B5/5 135/21 148118
;curse [68] 2/6 2611 26/9 26/11 26/15
32/12 32/13 32/16 32/18 32/20 36/19
37/6 37/8 39/6 40/16 4117 44/16 45/17
47114 47/16 47/18 50/16 50/25 51/12
53/19 53/20 58/5 58114 58/15 61/7 62/3
62/5 64/1 67/8 67/10 83125 85/18 85/20
85/21 85/23 85123 87/6 88/25 89/2
89/13 89/14 92/14 92/16 92/19 93/23
96/25 99/5 100/11 110/13 121/8 125/21
125/22 126/6 136/10 141/13 144/23
146118 146/19 146/20 151/17 151/19
153/22 159/13
:nurses [8] 30/9 30/11 30/13 3219 32111
32/14 47/15 120/18
;ourt [7] 4/7 74/4 82/10 8417 84/14
109/2 130/15
:over [3] 34/12 34/14 37/15
created [21 ] 27/19 40/19 45/19 64/19
81/18 83/22 87/13 87/25 88/3 88/17
88/24 89/22 89/22 95/13 96/15 97/17
97/2199/3 127/10 147/12 157/1
creating [2] 122123 12815
creation [1] 12113
credibility (1] 56/24
credft [2] 79/25 97/8
;reek [1] 87124
crfteda [4] 58/2 60/2 72/7 72110
critical [2] 9120 86/8
cross (2] 12112 15512
cross - section [1] 155/2
crosshatching I1] 95/10
crux [2] 113/13 120/21
crystal [1] 46/1
cubicle [t] 51/19
culled [21 61/19 61/20
curb [1] 159/17
curbed [2] 21/10 159/14
Curbside [1] 45/21
cured [t] 63/19
xurrent [16] 10 /6 1O/7 10/22 25111 2511;
26/19 33/12 33/16 34/22 39/25 45/8
47/21 48/13 86/12 147/23 155/14
�urrently [7] 30/22 34/6 47/11 87/7 9117
110/24 117/16
=tody [2] 84/12 84/14
alstomartiy [2] 73/24 74/8
cut [3] 121/16 152/3 155/14
cutting [t] 146/18
tally [3] 49/23 53/5 128/20
)ale [2] 131/11 131/14
lamage (1] 141/19
lamaged [1] 139/7
lark [1] 106/21
late [t] 1112
)ATED [t] 162/11
Islas [1] 33119
)avid [14] 1/20 21/13 25/23 29/15 57/13
71/18 81/8 103/17 104/1 134/14 134/17
142/4 147/25 148/2
lay [17] 6/14 13/20 13/20 36/17 37/1
37/6 49/3 50/16 55/2 55/2 83/1 83/2
127/20 127/20 132/7 144/21 162/11
lay -to -day [1] 13/20
lays [4] 27/21 135/21 154/16 155/8
Iaytime [1] 13919
seal [3] 126/9 126120 140/5
lean [1] 133/20
lebacle [1] 124/3
lebris [1] 126/6
lecaying [1] 128/22
leceiving (1] 144/20
)ecember [1] 1/5
lecide [1] 112/9
lecided [4] 7/1 9/2 9/9 115/6
lecision [4] 76/12 77/3 79/1 105/22
lecision- making [1] 105/22
lecline [1] 133/23
lecllnes [1] 117/14
lecreases [t] 139/12
lead (2] 22/13 22/17
lefeat It 1 14/12
lefer [1] 83/20
leficient [1] 92/1
lefined [t] 44/20
lefining [1] 69/8
iefintsly [8] 13/22 15/17 42/12 44/7
59/19 11718 14515 146/20
iefinitidn [6] 44/18 46/6 56/22 56122
56/2472/4
)egres [1] 105/15
lemocracy [2] 50/10 54/10
femonstrate [3] 11/15 12/5 14/2
lenial [4] 74/3100/21 159/20 161118
Jerry [8] 73121 127/7 133/9 133/10
137/5 137/11 156/13 161/3
ienying [2] 128/13 129/2
iepartment [12] 21/13 21122 22/6 22/21
23/1 23/125/24 35/23 36/3 37/25 57/13
134/17
iepending [2] 125/14 144/15
iepicts [2] 95/11 98/9
fepth [1] 152/9
iepth -wise [1] 15219
iescribe [2] 73/6 106/25
leserve [1] 129/5
iesign [l 11 23/7 23112 23/20 2514 34/3
35/3 39/14 64/22 92/6 138/8 138/11
iesignation [1] 89/9
lesigned [3] 32/21 48/25 155/24
iesirable It 117/10
iesire [3] 79/15 93/9 93/15
lestroy [6] 17/17 17/24 31/14 42/12
60/1763/13
31 16/1998/1101/14
[4] 31/1864/893/1394/11
2112122/23
159/24
1 [2] 40/17 64/12
3 (1] 99/16
1] 133/1
leveloped [3] 86117 97116 102/6
leveloper [24] 45/18 87/13 87/14 87/14
87/15 88/14 88/17 88/21 89/9 89/25
92/13 93/16 94/17 94/19 958 95/14
95/19 96/8 96/11 97/16 122/1 157/24
158/12 158/14
ieveloper's [2] 89/20 95/21
ievelopers [2] 53/18 160/10
leveloping [1] 95/18
levelopment [29] 3/22 5/16 21/14 29/3
42/10 45/22 57/14 88/15 90/195/7
95/12 96/5 105/21 107/4 120/3 120/10
121/2 121/11 122/10 122/17 12018
123/2 128/17 132/18 134/18 137/6
151/21 151/22 157/22
ievelopments [1] 61/24
iictate [3] 45/23110/25 111/14
lid [31] 5/12 6/11 12/19 23/20 26/25
37/19 44/19 51/5 6114 61/21 61/23
61/25 64/21 97/5 103/23 105/20 106/3
109/14 118/21 119/11 126/10 134/23
135/18 135/20 143/14 143/15 152/12
154/6 156/9 156/10 162/6
iidn't [29] 2/18 5/3 11/4 23/7 25/9 29/15
29/17 33/10 40/24 40/24 41/7 41/10
59/2 60/16 61/7 65/21 70 /1 81/25 97/4
97/4 102/14 107/5 107/5 118/15 135/20
144/13 147/14 160/13 160/19
Mesel [4] 48/10 48/11 48/12 140114
lifference [4] 22/19 49/12 148/8 150123
E
different [14] 35/2 35/2 38/2 72/20 73/25
74/10 76/10 76/1185/5 113119 113/20
126/13 154/15 155/9
differentiation [1] 96/21
difficult [1] 95115
difficulties (i) 117/20
dig [3] 53/4 127/22 149/10
digging [2] 149/8154/11
dilemma [1] 133/25
dimension [1] 48/4
dimensions [1] 95/15
diminution [1] 9816
directions [1] 94/4
directly (1] 139/24
director [1] 13 /8,
directors [2] 119/20 120/1
dirt [1] 155/5'
disagree [4] 54/8 69/12 74/22 90/8
disappointed [11 8/8
disclosures (1] 4/9
discovered [1] 9/14
discuss [2] 3/19 126/10
discussed [2] 13/10 129/16
discussion [13] 5/10 7/21 57110 78/24
85/25 87/8 88/12 89/12 93/2 96/18
111/16 156[7 156/19
discussions [2] 87/19 9619
disease [t] 124/11
dismantled [t] 6/21
dispute [1] 87/11
distance [7] 21/347/21 4811 67/10
108/23 137/1 139/13
district [10] 26/1 26/10 26/11 58/6 58/13
58/14 69/1 89/23 97/1 102/11
districts [3] 90/14 90/18 101/21
do [88] 3/14 413 6/25 7/24 7/25 8/3 8/5
9/5 9/5 11/16 13/22 18123 21/6 23/11
28/15 28/17 30/16 30/20 31/18 36/11
36/11 40/25 47/12 51/8 54/16 54/20
59/11 60/23 61/12 63/12 63/16 64/11
66117 68/14 72/13 73/13 74113 74/17
74/22 74/23 76/19 79/18 83/12 84/19
84/2186/2 95/8 97/22 99/19 99/25
100/14 101/8 102/3 103/19 105/3 105/4
106/1 106/9 110/10 110/16 110/22
112/18 113/16 114/3 115/15 115/21
121/16 124/13 125/10 125/13 125/18
129/4 137/14 140/19 140/20 140123
141/1 144/3 145/13 148/6 148/13
148/21 150/4 153/2 155/10 158/21
161/1 162/5
document [9] 26/19 33111 33/12 40/25
59/12 62/4 69/18 71/1 89/15
documentation [1] 87/10
documents [1] 86/14
does [20] 21/21 33/16 43/13 46/13
56/17 67/7 68/12 73/7 75/12 78/7 92/10
94/5 100/24 101/8 105/4 105/6 120/4
120/19 130/1 137/16
JoesnY [23] 1 014 11/2 22/18 40/9 46/14
46/15 52/13 53/3 53/5 58/14 63/4 68111
69/23 70/9 70/18 70/19 80/1 89/13
93/11 97125 99122 111/9 134/20
Joing [7] 2/14 9/4 10/18 23/24 74/12
106/6 126/11
Don [1] 138/2
Jon't [94] 8/3 18/15 19/6 2211 27/12
29/12 36/6 37/15 3816 43/15 44/1 44/3
45/11 45/12 46/1 46123 5011 50/1 54/3
54/10 54/15 60 /6 61112 62/24 63/14
63122 64/6 64/9 64/17 64/18 66/10
66/17 69/21 70/3 71/8 72/8 73/20 73/22
74/6 75/17 75/23 76/13 77/21 79/21
81/6 82/14 82/17 66/10 89/11 91/6 91/8
91/9 95123 96/6 97/14 102/5 102/14
103/5 105/13 106/6 107/12 113/9
113/12 113/15 113/16 114/7 114111
123/24 124/23 129/12 133/1 133/14
133/19 133/20 137/21 144/4145/4
148/15 149/3 149/10 151/8 151/13
1 52/1 0 1 52/1 5 152/24 154/19 1 55/1 0
155/17 158/6 158/11 159 /3 159/11
160/14 160/18
Donald [2] 141/25 142/9
done [19]. 7/18 9/18 18/7 27/25 41/2
41/20 43/16 43/18 52/1 67/5 74/8 76/2
77/7 127/25 132/17 142 /20 152/14
15219 154/7
Donna [2] 1/16 37/12
door [8] 15/3 26/22 44/7 4917 49112.
133/16 133/16 151/14
Joors [16] 49/10 116/3 116/4 116/5
116/5 116/8 122/3 136/11 146/1 146/2
146/4 146/5 146/5 146/6 150/20 151/12
Jotted [1] 153/13'
Jouble [t] 144/6
Joubt [2] 79/23 14117
Jown [23] 7122 11/5 29/6 29/8 35/16
42/1 42/10 4211142/12 42/13 42/18
44/4 45/7 47/14 60/22 62/13 63/4 86/10
94/24 109/15 1 09/1 6 124/2 141/22
iownstairs [1] 3/13
Jownturn [1] 8125
train [2] 140/16 141/2
irainage [11 141/5
trains [7] 140/17 140/20 140/22 140/23
140/25 141/4 141/6
irametically [1] 139/15
hawing [7] 7/7 13/10 2719 96/12122/4
133/7133/11
irawings [1] 63/7
cream [t] 132/3
crew [3] 7/9 7/19 96/13
1rift [1] 142/13
!rive [5] 16/10 42/23 49/15 50/25 105/1
!rivers [1] 94/9
iriveway [6] 14/25 22/11 35/21 36/9
93/17 121/16
iriveways [2] 128/25 143/2
lriving [1] 49/5
irop [41 .117/6 117/6 117/14 117/17
cropped [1] 117/11
iropping [1] 117/16
fue [2] 8/1746/14
cues [1] 117/21
lug [2] 56/8 154/16
luly[1] 4/8
lumpster [2] 15/23 55/11
luring [12] 36/17 37/1 37/5 50 /16 79/12
83/25 84/16 126/3 139/9 139/11 144/21
153/12
r -mall [2] 11/9 135/21
r- mailed [1] 30/5
: -mails [3] 5/4 5/6 83/7
each [2] 11/22 11/23
:artier [6] 2/17 8218 103/22 144/9
154/10 156/10
rarilest [1] 3/17
early [4] 3/16 12/18 154/18 154/16
rasier [1] 40/10
wily [3] 49/1149/11 107/10
asst [5] 1/13 15/8 27/1 27/3 42/25
rastem [1] 21/7
easy [2] 39/16 113/7
Wing [1] 56/14
economic [81 8117 8/25 105/21 110/24
111/14116/25117 /2121/14 --
economical [1] 9/1
economy [5] 8/6 46/3 54/22 112/6 15'i.
edge 131 93/5136/16 136/18
iffect [31 117/4 125/19 139/25
effective [1] 139/20
iffectively[1] 109/4
iffects [4] 106/25 116/25 117/2 147/20
egress [2] 12215 125/22
eight [5] 7/5 30/4 116/5 144/14 152/11
eight- fdot[l] 7/5
eighth [2] 83/24 98/9
Eighties [1] ..152/15
Dither [8] 8/14 29/24 48/9 4918 49125
109/5 133/21 156/7
alther /or [1] 133/21
element [2] 69/11 99/1
elements [3] 35/6 96/2 120/17
elevation [1] 144/16:
Ellen [8] 13/7 83124 98/11 98/19 106/2
119/18 125/5 125/7
ELMO [1] 86/15
else [20] 4114 4/24 8/3 814 8/15 12/4
31/13 32/17 56/17 60/25 74115 103/4
118/16 149%7 151/23 153/7 156/3 157/2
159/21 160/24
else's (1) 18/5
elsewhere [1] 157/21
embankment [1] 152/2
Dmbellishment [2] 86/1193/12
emotional [2] 8/1 8/5
emotions [1] 148/12 _
enclose [1] 34/17
enclosure [1] 92/7
encroach [3] 86/21 99/9 120/6
encroaching [1] 86/25
encroachment [2] 65/9 128/2
end [16] 3/3 3/4 3/5 22/10 24/2 49/3
57/9 84/9 87/4 122/16 131/24 141/4
142/12 145/17 155/23 16M2
anding r1] 133/24
enforced [1] 128/15
engineer [3] 138/7 138/8 138/8
engineering [5] 24/13 95/6 138/13
148/24 154/8
engineers [2] 82/13 148/25
engines [2] 140/3 140/7
enhance [1] 144/11
enhanced [t] 122/24
enjoy [1] 141/14
enjoyed [1] 130/8
enough [B] 16/230/1930/2131 /2171/8
109/5 155/15 155/21
ensued [1] 93/2
entering [2] 127/13 136[7
enters [t] 141/5
entire [4] 35/12 35/22 68/13 93/13
entirely [t] 22/1
entirety [2] 50/9 154/24
entitles [t] 22/15
entitled P] 59/11 61/9 71/19
entity [2] 5/17 22114
entrance[1] 16/22
entry [1] 49/8
entryway [t] 136/17
environment [11 122/20
4
environmental [2] 138/13 141/19
mvision [2] 70/2 70/3
equally (2] 112/23 146/7
equipment [109) 8/22 8/24 8/24 9/3 9/6
9[7 9/11 10 /6 13/1817/10 19/21 30/23
31/3 31/6 31/21 32/19 3415 34/6 34118
35/6 36/6 36/7 36/16 36118 36/21 36/24
37/4 37/6 3717 50124 51/2 5118 51 /10
52/8 53/21 53/25 54/1 54/2 65/5 65/11
65/12 65/12 65/20 92/18 92/19 92/23
92/24 1 00/1 2 1 09/1 0 1 0911 1 1 0911 3
109/19 109/19 109/22 110112 110/13
110/14 110/17 110/18 110/24 111/1
111/3 111/8 111113 111/19 112111
112/15 112/16 112/18 112119 11315
113/6 11317 113/9 113/11 113/12
113/19 113/20 113/24 115/3 115/14
120/12 120/16 120/17 120/19 125/21
138/18 138/21 138/22 139[7 139/9
140/3 144/19 144120 144/22 144/24
145/1 145/2 145/11 146117 154111
157/5 157/19 157/21 157/22 157/25
15814 158/5 158/8
equity [1] 131/25
eroding [1) 87124
erosion [1] 87/23
-specially [9] 6/5 17/20 43/8 78/1 106/1
125118 136/8 148/19 157/17
essentially [5] 25/3 40/19 50/12 62/20
64/19
established (3] 81113 81/14 93/19
-state [1] 132/12
estimate [1] 77116
it [4] 14/12 14/12 45/22 84/18
evaluating [2] 9/17 58/2
evaluative [1] 72/10
even [25] 7/12 12/7 12115 27/16 33/13
35/3 39/18 53/6 60/18 79/11 8618 93/11
107/17 107/22 107/23 10915 109111
117/6 125124 126/10 139/11 140/14
14817 1 51/1 7 159/17
evening [2] 47/10 139/11
ever [l 71 8/12 17/4 17/5 19/19 23/6
23/17 23/20 26/25 27/3 27/4 37/19
43/16 44/11 62114 11212 125/23 151/8
every [t 61 2/14 7/24 8/23 20/6 20/7
24112 36121 36/24 40/24 55/2 72/9
127/19 127119 127/20 144/5 1 51 /22
werybody [211 2/2 2/21 3/25 4/1 11/11
12/3 18/5 29/8 61/15 73/1 73112 75/8
8217 82/9 103/21 103/22 106/8 107/15
114/11 114/19 124/21
everyone [3] 20/10 59/1 60 /6
everyone's [1] 79/13
everything [12] 12/4 17/9 23/11 34124
75/2 75/22 10012 101 /5 101 /14 112/18
13016131/4
everything's [1] 160/4
evidence [2] 75/2 142/11
widently, [1] 7518
evolve [2] 40/23 46/1
evolved [1] 71/4
exact [7] 54/23 66/7 66/21 66/22 106/25
145/4 152/24
exactly, [9] 15/22 268 37/13 37/14 37120
37/21 87/22 127/25 143/20
exaggeration (2] 86/11 93/13
example [2] 23/8 151/11
excellent [1] 52/16
[1] 8/6
excerpt 13] 1/4 161/22 162/7
excited [1] 109/17
excuse [4) 26/5 60/12 90/10 12317
exhaust (2] 14015 140/7
exhibit [4] 84/12 107/7 107/8 109/9
exhibits [1] 10718
exist [1] 44/24
existed [1 ] 89/4
existing [59] 5/24 8/16 9/6 11/8 12/13
12/14 13/2 13/3 13/18 13/19 16/4 17/9
17/9 17/15 17/16 19/5 19/13 19/13
19/16 22/1124/8 31/6 35/138/10 38/11
38/22 38/23 44/10 46/11 55/8 57/19
58118 87/6 92115 92/25 94122 97/2
98/12 98/22 98/24 100/11 10212 105/5
1 12/1 7 116/5 119/5 127/8 1 2811 1
128/14 132/5 139/19 140/16 140/21
145/25 146/12 146/25 147/1 151/5
151/6
exists [3] 36/9 87/12 91/8
Wt [1] 49/8
exiting [1] 136/2
expanding [1] 44/10
mpect [21 117/17 121/22
axpectations [1] 122121
axpeditiousiy [1) 4/4
expense [1] 88/9
axpenses [1] 23/23
experience [1] 131/22
experienced [1] 105/21
axpert [2] 24/12 37/18
experts [1] 40/25
expire [1] 8/23
explain [2] 76/17 115/19
explained [1] 120/24
explanation [3] 112/3 12019 145/23
explore [1] 154/8
explored (1) 155/18
exposed [1] 127/18
exposure [1] 127/16
axpressing [1] 83/9
extensive [3] 7/5 15/6 16 /10
extent [2) 13/11 16/17
extra [4] 52113 84/7 119/12 134/7
extravagant (1] 122/25
face [3] 11/17 11/23 136/5
faced [1) 33/3
faces [1] 101/9
facilities [15] 5/24 6/12 6/12 6/19 6/19
6/20 9/5 2619 34/23 40/6 48/22 53/21
58/16 123/17 158/14
facility [41] 5/25 8/11 8/16 9/10 9/24
16/5 16122 25/10 26/2 33/21 44/11
46/11 48113 48/14 88/8 93/4 93/23
102/3 115/9 119/4 119/5 119/6 121/20
122/4 1 22/1 4 1 2711 7 138/17 138/20
138/24 139/3 139/10 140/4 140/6 1408
140/11 140/17 14611 147/15 151/18
153/22 157/23
Facing [7] 14/19 46/21 102/16 116/4
122/6 136111 146/1
fact [11] 18/1425/1637/2442/297/15
97/24 111120 146/2 149/6 150/21
152120
failed (1] 157/20
fair (2] 43/16 114/20
familiar [1] 29/16
family [2] 149/21 149/23
far [l 4] 13/16 22/25 30/3 42/6 54/17
55/1 55/21 56/21 91/22 108/20 108/22
130/6 141/21 142/10
Farther [1] 118/7
fast [5] 7/25 26/6 55/13 60/5118/14
favor [4] 80/9 1 58/1 6 161/2 161/12
feel [7) 3/14 8/25 32/8 54/21 73/13
133/6 148/14
feet [81] 10/9 10/11 10/11 10/21 20/22
21/7 21/23 22/17 22/18 24/10 24/11
25/14 25/17 26/3 26/12 27/13 30116
31 /531/2435/1336/740 /941/2547124
48/6 58/4 58/7 58/11 58/22 60/19 61 /11
68/13 68/25 69/22 70/4 70/14 86/13
86/18 86/20 87/5 89/5 89/24 90/14
90/18 90/24 94112 95/16 97/2 98/3
98/13 99/8101/21 104/7104/10 104/25
105/1 108/21 108/22 111/9120/11
120/12 122/14 129/16 133/15 136/18
137/8 139/15 139/17 139/22 140/8
14111 143/1 143/2 143/2 143/5 143/20
143/22 143/22 144/15 148/18 152/11
felt [4] 58/10 71/25 72/2 144/3
few It 31 6/18 6/24 712 8119 8/23 10/24
14/16 37/2 46/20 97/18 142123 142/25
148/18
field [t] 104/11
fight [t] 14/11
figured [2] 31/3134/8
fill [1] 154/25
filled [1] 104/12
final [1] 72122
finally [2) 78125 128/17
financial [2] 24/1 54/6
find [8] 12/13 19/6 44/18 46/8 49/14
112/23 148/5 160/9
finding [1] 72121
fine [4] 49/14 74/12 103/12 114/22
finish [2] 79/2 118/17
finished [3] 76/1 118/11 144115
fire [18] 21/2 21/22 22/1 22/5 23/1 35/22
3613 36/10 37118 37/25 37/25 38/1 38/3
38/5 38/9 38/12 38/15 38/17
firm [1] 81/11
first [25] 2/10 10/16 14118 15/18 20/19
63/18 64/17 65/6 76/25 77/1 79/3 80/3
81/3 81/7 104/8 104/22 105/2 107/3
110/4 120/1 121/21 127/3 135/14
137/21 142/6
fit [7] 23/21 24/6 37/22 391139/2 41/14
65/10
fits [1] 29/7
five [8] 12/11 113/8 114/21 116/5 116/8
117/11 145/14 161/11
five -star [1] 117/11
fixed [1] 139/12
flat [2] 23/11 43/10
flinging [1] 150/19
floor [7] 15/18 15/20 135/17136/3
136/23 137/1 139124
flora [t] 32124
Florida [8] 1/5 1/13 23/10 43/10 88/6
162/2 162/5 162/13
flow 111 22/8
focus [1] 73/20
focused [1) 151/11
folder [1] 20/3
folks [7] 4/2 7/16 1 8/1 6 50113 145/24
148/8 157/11
follow [4) 44/1 60/4 72/8 72/11
followed [4] 81/8 103/17 119/18 12515
following [3] 1/14 60/8 108/1
foot [62] 7/5 9116 9/22 10/1 10/3 10/5
10/12 11/6 1117 15/14 1 6[7 20/21 2117
24/2 25118 33/14 33/16 33/18 40/7 40/7
1 w
foot... [42] 40/8 40/11 57/16 57/18 58/9
58/12 58/24 61/5 69/6 69/24 86/25 87/1
90/25 92/14 92/15 9317 93/14 94/12
96/19 96/22 96/23 96/23 96/24 96/2
98/10 98/10 98/12 104/24 106/21 120/5
120/6121/9 122/13 128/10136/17
139/23 143/10 143/11 143/13 153/24
159/5159/14
footage [3] 39/16 66/8 87/2
football [t] 104/11
footer[1] 56/13
footprint [t] 36/8
foregoing [1) 162/7
foremost [1] 10/16
foresee [1] 46/2
Forever [1] 3/2
forget [2] 101/10151/17
form [2] 76/7 76/8 -
forth [1] 96/9
forward [5] 2/12 5/11 6/18 52112 100/19
found [6] 31117 44/19 44123 104/24
111/17 160/17
foundation [t] 56/6
four [10] 11/21 12/11 24/2 50/12 110/21
116/3 127/5 146/4 146/5 161/11
'our -unit [t] 11/21
'ree [1 ] 3/14
'resh [1] 125/13
iiendly [1] 32/21
font [7] 1017 14122 75/12 116/9 133/16
133/18 159/12
uel [11] 48/8 48/14 48/23 48/23 51/4
51/21 140/14 146/9 146/9 146/10
146/14
ull [5] 85/13 89/18 90/2 131/25 138/14
ull -time [1] 138/14
umes [3] 106123 140/5 140/10
unctioned [1] 97/12
usher [11 ] 17/14 24115 43/6 54/19
78/24 87/1 132/16 133/1 143/25 143125
159/5
is [7] 12/3 14/22 14/25 15/2 15/3
3138/17
les [1] 125/12
31 48/10 48/11 48/12
ine [t] 140/14
[6] 11/10 34/4 66/5 108112 133/22
general [6] 32/11 60/3 71119 72/7 72/10
122/9
generally [3] 30/16 6017 11415
generated [2] 102124 139/22
generous [1] 158/4
gentleman [6] 32122119/11 124/10
137/20 14618 1 59/1 0
gentlemen [2] 129/24 151/2
gentler [1] 122/20
get [49] 2/9 3/14 3/20 7124 8/3 8/8 17/17
19/4 21/1 24/5 29/24 34/1 39/15 43/7
51/15 53/3 53/5 54/16 62/20 6511 75/19
79/12 79/21 79/22 79/23 79/25 82/16
91/12 97/3 103/24 107/5 108124 109/16
109/20 109/21 113/25 114/1 114/3
118/6 119/14 124/20 124121 125/25
126/12 135/20 136/21 142/13 145/18
154/11
gets [4] 59/16 101/14 124/24 160/1
getting [4] 38/14 101111 142/18 144/1
girl's [1] 29/7
grab (2] 68/21 135/9
give [15] 17/3 18/20 28/10 28/24 32/11
gracious [1] 80/1
35/8 38/19 39/20 73/17 73/18 105/8
grade [1 ] 144/15
12018 124/15 124/25 152/7
Grande [1] 149/22
given [3] 43/4 112/3 148/15
granted [10] 85/11 85/13 86/19 99/8
gives [2] 15/10 52/9
99/17 120/23 120/25 121/6 125/18
giving [1] 40/14
138/20
glare [t] 50/4
global (1] 61/3
go [67] 2,112 3/13 3/15 11/4 14/14 14/15
15/2317/13 21/121/22 25/17 34/22
35/23 38/6 38/14 40/1 41/25 42/6 42110
47/12 47/14 47/18 49/22 54/19 55/16
55/18 60/22 62/15 62/17 63/9 64/16
67/5 75/25 77/1179/3 61/20 91/13
96/18 105/12 106/24 107/1 108/4
110/17 111/14 113P 115/22 117/23
121/15 123t24 126/5 132/10 133/11
134/10 136/8 139/21 139123 140/23
142/19 144/3 144/24 146/11 14817
149/18 151/3 154/25 155122 155/23
goes [7] 35/22 54/20 66/8 68/17 97/3
103/1 159/12
going [118] 2/3 2/12 3/15 6/17 7/20 9/2
10/23 11/10 12/17 14/5 14111 2111
21/23 21/23 24116 25/20 2615 28/24
29/7 35115 38/18 40110 42/3 4613 46/22
49/15 49/19 49/21 50/3 51/15 52/4
53/23 54/8 54/17 54/19 55/1 55/2 55/3
55/13 55/15 55/16 56/1 56/5 58/23
60/18 64/24 65/14 65/16 68/18 69/10
70/15 70/16 74/1 74/6 75/18 75/19 77/5
77/6 77/19 7813 7816 78110 78123 79/21
82/16 94/9 99115 101/11 101/19 104/4
104/12106/16108 /3108/4 108/11
108/19 108/24 109/13 109/21 110/10
110/11 112/16 112/19 112120 112/20
112/21 113/1 115/4 115/13 115/14
115122 116/16 116/17 116/20 116/23
117/22 117/24 117 /25 118/2 118/3
118/4 11917 124/20 125/17 125/21
125/25 126/1 132/10 132/16 134/8
142/22 144/24 145/20 158/8 158/12
160/3 160/4 160/23
golf [/0] 26/1 26/9 26/11 26/15 30/9
30/11 30/17 32/8 32111 32/12 32/13
3211 6 32/18 32/20 36/18 37/6 37/8
40/16 41f7 47114 47/16 47/18 50/24
53/19 58/5 58/13 58/15 6213 6215 64/1
67/8 6719 85/18 85/20 85/21 85/22
85/23 87/6 88/25 8912 89113 89/14
91117 92/14 92/15 92/19 93/23 94/10
96124 99/5 100/11 106/14 110112 115/7
115/9 115/14 117/21 120/18 121/8
121119 125/21 126/6 136/10 144122
146/18 146/20 151/17 151/19 153/21
159/13
golfer [1] 32/23
golfers [2] 93/18 151/20
3olfside [11 102/17
gone (1] 24/20
good [17) 5/14 2319 27/14 39/9 39/21
52/18 53/23 82/12 84/23 102/17 108/15
126125 128/18 131/13 135/15 142/14
146/21
gorgeous [1] 11/1
got [13] 515 70/13 74/13 75/8 77/9 10717
108/25 11017 110/9 11 511 5 115/19
129/25 154/14
gotten [1] 46/25
3overnment(1) 1/13
governmental [1] 8811
,anting [7] 33/4 74/9 88/7 96/4 122/7
41/17159/2
'ass [3] 56114 146/18 158/3
ease (1] 140112
'eat [4] 58/10 106/11 106/12 140/5
eater (1] 118/1
,een (2) 55/14 80/24
round [1] 122/19
,ounds [2] 129/3151/20
,oup [2] 119/11 130/21
•oups [1] 2/5
-own [t] 33/1
rows (1]. 157/25
rowth [1] 96/2
Jarantee [3] 2/22 3/8 78/20
Jard [1] 129/2
Jess [9] 2/10 5/8 20/21 29/14 67/5
16/21 116/22 150/3 154/21
Jessing [2] 152/10 152/10
Jest [1] 136/5
Jests [2] 136/5 136/12
Jidelines [5] 33/4 60/3 60/7 72/7 72/13
Jv [11 15/12
tad [47] 2/16 4/12 4/15 4/21 5/1 5/4 7/7
11/4 13/14 18/1120/3 20/3 32/20 38/4
40/25 41/4 42/11 42/1145/23 47/5
53/17 53/18 64/1 65/15 74/4 8611 96/11
96/14 105/24 108/11 110/1 114/6
120/17 124/10 126/9 134/2 136/20
137/22 142/3 142/25 148124 149/15
155/9 155/17 157/11 160/15 160/16
ladn't [1] 59/13
left [15] 2/25 10/10 10/11 10/12 10/20
10/21 20122 25114 25/15 26/2 33/15
77/20 77/25 104/11 133/15
iammock [2] 11512 149/20
iancock [2] 79/6 79/8
land [5] 51/10 103/19 161/2 161/2
161/4
Candle [1] 82/1
landsomely [1] 8/20
iandy[1] 82114
sappen [4] 46/3 116120 123/18 1 60/1 3
sappened [3] 46/2 78/17 126/17
tappening [2] 8/7 8/9
sappens [2] 1 2511 2 156/8
sappier (1] 41/12
sappy [8] 18/19 42/23 59/20 73/9 79/18
129/10 149/13 153/4
lard [2] 46/8 60/5
terdShlp [55] 39/22 43/24 44/1 44/15
44/17 44/23 45/4 45113 45119 46/6 46/7
46/10 53/16 54/3 54/6 54/6 54121 56/21
59/25 6019 60/24 63/17 64/13 64/14
65/1 71/21 71/25 72/1 72/2 72/4 73/15
73/16 73/20 74/5 86/2 87/10 8814 88/15
93/7 93/9 93/15 93/21 95/24 97/21
97/21 99/2 99/3 10016 120/23 120/23
120/24 121/1 128/6 157 /7 158/23
tardships [2] 73/23 157/1
[t] 92/6
harmony [2] 122/9 159/4
ias [73] 7/24 10/25 12/8 25/25 29/22
32/17 33/1 39/9 41/16 44/20 45/9 50/11
51/19 52/17 53/12 55/7 55/11 56/23
58/20 62/14 65/5 65/11 65/12 65/13
66/15 68/10 68/11 68/12 69/14 69/20
72/18 75/11 78/21 86/3 87/14 87/16
92113 93/6 93/7 93/1197/6 97/9 97/20
99/4.1 05/5 107/16 110/10 112/17
112/18 115/21 116/5 117/4 120/17
120/23 121/11 121120 123/2 124/10
124/18 125/8 126/15 126/17 127/21
128/17 129/15 130/6 131/4 133119
136/15 137/17146/24 158/23 160/8
lashed [1] 143/17
hasn't [3] 29/19 29/24 133/6
iat [1] 82/6
hauling [1] 16/1
haven't [6] 28/21 38/4 46/25 75113
109/21 148/14
having [12] 1/11 31/10 33/3 60/16
101/24 104/9117/20 128/4 139/25
149/2 153/23 155/23
he [60] 21/18 21/21 29/18 38/4 56/23
61/9 61/11 61/12 62/16 63/25 64/19
64/21 65/1 65/1 65/4 6514 65/5 65/9
65/9 65/11 65/11 65/12 65/13 66/2 66/3
66/4 66/5 66/7 66 /8 66/11 66/20 67/7
74/4 86/24 88/25 89/21 69/22 94112
96/1197/16 97/17 100/13 108/12
111/20 119111 120/15 120/17 120/19
124/11 124/11 127/21 127/25 132/21
134/24 147110 14813 157/6 157/9
157/21 158/23
he's [21 ] 14/10 21/23 26/12 42/24 57/22
60/17 62/16 64/24 65/13 65/16 67/8
7416 76/25 77/19 77/24 77/24 8215
127/25 128/5 128/9 156/25
head [2] 145/4 159/13
health [1] 111/6
hear [14] 2/8 2/9 2/22 3/8 9/20 51/6
73/12 75/1 75/1 78/23 102/20 102/25
109/4 114/19
heard [18] 8/14 14/9 28/21 59/13 73/3
75/13 79/12 88/12 89/12 112/3 117/19
124/19 127/11 128/18 128/23 133/23
159/24 160/20
hearing [8] 2/24 72/22 75/17 79/12
84/10 84/10 142/22 1560
hearings [2] 72/13 103/10
hears [1] 75/22
heavier[1] 5217
heavily [5] 11/1 16/11 27/8 144 /9 144/9
heavy [1] 5118
hedge [2] 14/2 102/17
height [18) 10/3 10/9 10/18 10/19 15/11
15114 18/2 24/10 24/11 42/21 43/8 58/5
58/11 58/22 61/10 96/22 15918 159/8
heights [2] 58/5 58/9
help [4] 2/4 8/4 70/15 119/14
helped [2] 106/6106/8
helpful [2] 96/10 147/13
hence [1] 10/13
her [3] 7/23 106/3 142/6
here [120] 2/4 216 2/21 3/5 3/11 3/16
3/21 5/25 6/14 6/15 6/15 6/16 10/13
12/5 12/6 12/8 12/18 15/1 18/6 18/7
18/8 18/10 18/11 19/11 24/6 28/17 29/7
34/4 34/18 36/6 38/1 38/2 38/6 38/10
38/11 39/3 39/3 39112 40/4 41/13 41/14
42/3 42/19 45/16 46/2 47/17 48/16
48/23 48/24 52114 52/24 52125 54118
63/25 64/11 66/7 7415 74/9 75/8 75/18
75/20 77/6 77/8 78/6 78/11 83/1 83/3
85/3 87/22 90/19 91/4 91/21 95/19
97/11 98/17 98/18 98/18 100/2 104/3
104/9 104/22 106/6 106/8 107/8 107116
108/1 108/3 108/4 108/20 109/3 11013
113/19 114/1 114/25 115/15 115/25
116/3 116/11 116/13 116114 116/15
116/20 123/7 124/12 127/3 128/19
130/8 135/12 14319146/4 146/6 146/12
148/9 148/20 14913 149/4 153/25 155/6
160/6 160/13
here's [2] 39/8 115/10
hereby [1] 162/5
herein [11] 1/11
hidden [1] 158/15
hide [1] 94/6
high [7] 10/5 40/1 40/8 96/23 96/23
137/8 139/23
higher [2] 1 011 8 73/16
highlighting [1] 90/10
hill [t] 43/12
hills [t] 43/13
him [8) 5/3 15/13 66/4 130/12 132/19
148/2 157/10 159/3
himself [2] 127/10 128/7
Hindsight [1] 41/1
hired [3] 8/4 14/11 147/10
his [14] 64/25 66/19 8216 88/13 9718
121/22 124/10 128/12 134/25 14613
157/6 157f7 158/22 159/11
history [2] 5/19 7/17
hitting [1] 126/8
hoe [2] 52/8 53/2
hold [2] 114/12 124/5
hole [2] 30/13 53/4
holes [1] 30/12
holistic (1] 58/1
home [2) 117/13 136/23
homeowners [3] 13/6 13/9 148/13
homes [5] 115/5 116/18 117/3 140/8
141/14
Homlak [2] 1/17 55/5
honestly [3] 21/5 63/25 120/14
hope [5] 3319 50/14 71/14 129 /4 133/21
hopeful [1] 133/9
hopefully[1] 83/7
hour [8] 2/25 3/4 22/23 77/8 77/9 77/20
78/11 127/19
hour's [1] 77/25
hours [6] 3/1 59/17 84/16 139/9 139/11
150/14
house [1131 9/18 17/10 31/5 31/6 31/21
31/22 61/5 84121 92/17 110123 112/10
112/14 151/18
housed [3] 30/23 30/24 49/4
housekeeping [1] 79/5
how [33] 13/14 16/10 16 /11 16/11 27/7
3019 30/15 31/3 35/12 3813 41/25 49/24
62/24 64/6 68/14 71/8 73/13 76/18
91/18 93/11 97/25 108/20 108/22 111/8
120/19 144115 149/2152/4 152/5152/6
154/12 155/10 155/11
However [3] 33/2 52/3 127123
hug [1] 47/17
huge [1] 7/6
huh [2] 6817 77/2
human [2] 50/7 122/21
hurricane [3] 23/18 126/3 126/4
hurt [3] 119/1 126/12 133/13
hydrant [4] 22/7 38/7 38/10 38/19
I'd [14] 42/22 58/17 59113 78/8 104/9
10615 107/14 115/18 119/9 119/12
122/16124/19 137/24 156/11
I'll [25] 11/19 1215 14/2 18/13 18/18
18/18 28/9 28/10 37/23 52/3 59/20 73/9
80/1 91/13 102/20 115/10 119/21 124/4
131/6 135/25 147/8 148/6148/7 149/13
158/16
I'm [110) 3/7 5/10 5/12 5/15 5119 7/20
8/1 10/23 11/10 12/17 15/14 21/4 22/2
25/7 26/7 28/24 30/18 32/18 33115 35/3
35/14 35/15 40/4 40/7 4018 40/10 40/13
40119 40/22 41/20 42/9 44/9 44/9 44/10
45/5 45/10 46/2 47/23 49/6 49113 49/15
49/20 49/23 49/24 50/3 50/4 51/15
51/22 51/23 52/3 52/23 53/22 54/8 61/9
65/24 66/2 67/3 67/5 67/12 67/14 74/25
78/5 79/8 91/17 99/13 101/12 101/19
102/13 104/2 104/4 104/16 105/9
105/11 105113 105/13 106/20 107/21
10814 108/19 108/24 109/16 1 09/1 8
114/16 115/20 115/22 116/19 118/13
119/20 123/7 123/17 123/20 125/7
125/7 1 2911 0 1300 130/14 134/8
135/16 135/19 148/6 15219 152/10
152/18 152120 153/4 155/1 155/21
159/17 160122 160/22
I've [25] 5/18 7/23 8/13 8/14 11/4 12/18
1817 18110 19/23 30/3 37/2 50/14 50/20
53/18 84/4 90/9 107/7 108/25 110/9
11417 115/15 115/19 129/24 134/11
157116
1 -75 [1] 154/24
i.a [2] 86/21 99/9
idea [11 152/8
image [1] 146/2
imagine [1] 43111
immediately [2] 81/14 82/23
impact (11] 13/25 44/7 59/19 97114
1 06/1 0 107124 108/2 128/24 137/2
148/4 155125
impacted [6] 46/20 62/25 83/15 86123
99/11 136/1
impacting [t] 148114
impacts [1] 10814
Impatient [1] 2/8
implied [t] 68/18
important [10] 53/1163/22 8513 90/8
90/12 97/20 99/15 106/7 112/14 159/1
Importantly [1] 138/12
Imposed [1] 120/25
impossible [4] 13/1 15/17 15/17 15/19
impression [t] 40/14
in -house [1] 9/18
inaccurate [t] 143/11
Incapable [2] 44/2546/16
inception 12) 5/1887/16
inch [2] 83/24 98/9
inches [t] 15114
Include [4] 59/15 138/22 139/3 139/6
included [2] 33/5 58/19
includes [21 43/23 45/20
including [1] 92118
incompatible [1] 98/22
inconvenience [11 128/7
increase [15] 106/11 106/12 106/12
106/15 106/18 106/23 113/23 113124
118/5 118/8 118/9 139/15 140/9 141/10
increase... [1] 141/12
increased [2] 112/7 117/24
increases [1] 139/13
Indicated [1] 88/19
indicates [1] 100/13
ndicating [1] 84/6
ndulge [1] 124/9
ndulgence [2] 81/16 83/18
nevkably [1] 51120
nexpensive [2] 64123 65/2
nformation [6] 64/5 66/13 134/19
160/17 160 /18 160/20
nformational [2] 134/14 160/11
nitial [1] 94/18
n]urious [1] 122/8
nside [4] 34/9 54/2 102/22149!7
nsisted [1] 121/7
nstalled [t] 93/16
nstead [1] 16/2
nsubstantial [1] 88/22
nsulates [1] 121/16
ntegrity [t] 84/15
mended [2] 23/23 127/12
ntensity [1] 15917.
ntent [3] 69/21 122/9 159/4
Mention [1] 2/14
Mentions [1] 134/25
ntently [1] 130/9
merest [3] 76/21 79/14 129/14
lterested [1] 3/17
tteresting [3] 96/17 97/24 99/21
internal [t] 140/3
Interpretation [3] 100/4 146/24 147/22
intimately [1] 89/20
into [40] 11/17 11/23 16/9 23/10 39/15
4217 43/6 43/12 43/13 49/5 49/15 49/16
51/15 56/3 62/3 62/15 62/2165/9 66/8
74/1 79/4 83/19 86/21 87/1 99/9 101/11
103/9 106/17 106/24 107/1 107/19
108/24 121116 123/24 127/22 145122
147110 149/8 149/10 1 54/1 2
introduced [1] 142/11
intrude [7] 149/5
investigating [1] 132/2
nvestigation [t] 31/9
nvestment [1) 136/23
nvited [1] 12/18
nvolved [3] 59/1 85/9 148/12
nvolving [1] 87/19
nregular [1) 155/21
rritation [1] 136/12
115/2
149/20
11/25 11/25 24/21 63/11 109/22
154/6
ssue [28] 13/21 17/18 17/22 20125
21/17 21/25 22/3 2312 23/2 26/23 35/9
53/16 59/14 67/6 67/6 67/19 73/6 73/15
78/12 78/19 91/4 102/14 102/19 111 /23
134/13 137/17 141123 148/12
ssues [5] 64/2 85/4 8518 106/10 159/9
stones [1] 12/20
R's [100] 3/23 5/13 5/16 8/12 10/25 11/1
13/1 15116 15/17 15/18 17/12 21/10
22/3 22124 24/7 24/23 24/24 2515 26/4
26/7 29119 30/24 32/3 34/21 38/13
43/24 45/6 45/13 48/15 49/8 50/22 51/4
51/5 51/6 52/12 53/3 54/12 54/18 54/19
56/22 58/6 62/18 63/10 63/22 64/22
67/21 68/1 68/2 68/6 69/8 69/9 7713
79/13 79/15 82/12 83/24 87/22 90/8
91/10 93/24 95/16 96/24 97/12 97/13
98/13 99/15 101/6 102118 103/7 103/10
105/12 106/7 108/23 110/2 111/25
112/20112/21 11316 115/13 115/14
120/7 125/24 127/3 129113 133/21
135/3 138/3142/4 143/3 143/3 144/14
145114146/18 150/11 150/16 151/21
151/21 159/3 160/5 160/21
tem [3] 3/20 107/14 110/21
tams [1] 104/4
is It 6] 5/18 21/17 51/17 72/18 75/22
84/15 87/15 88/8 88/15 96/2 117/8 -
120/6 122/22152/17154 /24157/11
tself [7] 56/13 85/6 86/12 92/11 107/2
J.D [4] 12/22 59/23 71/12 76/17
Jack [3] 125/6 126124 127/1
jacket [1] 80/24
jam [1] 18/7
James [3] 103/18 119/17 123/8
January [3] 71/18 79/15 80/3
January 23rd It) 71/18
January 7th [1] 79/15
jaws [1] 142/17
Jeff [1] 73/5
Jeffrey [1] 71/17
Jersey [1] 130/15
Jim [5] 119/19 123/9 123110 125/8
137/21
ob [1] 53/17
obs [1] 139/4
Joe [1] 12/20
John It 01 21/13 25/23 29/15 57/13
61/18 134/14 134/17 142/4 147/25
148/2
John's [t] 25/20
John -David [7] 21/13 25/23 29/15 57/13
134/14 134/17 142/4
oyous [1] 133/11
udge [2] 130/15 130/19
ump [1] 108/25
unction [1] 140/25
ust [102] 3/15 3/17 4/1 7/22 10/16 11/5
11/22 12/25 1 5/1 2 17/8 17/13 18/6 22/2
24/5 25/22 26/4 26/20 28117 33/11 3411
35/5 35/5 36/21 37/18 37/20 42/22 43/3
43/15 44/10 46/12 46114 47119 49/8
50/9 50/21 51/16 51/22 51/22 52/11
5415 54/7 54/18 54/24 58/3 60/3 60/16
60/21 64/22 65/25 6612 66/17 67/5
69/16 69/23 72110 76/5 78/5 82/9 94/9
97/18 99/13 101/12 101/19 102/13
103/14 103121 104/20 106/4 106/8
109/6 111/9 114121 115/23 116/15
117/1 124/2 124/12 124/19 126/1 127/4
128/23 129/25 131/6 131/21 133/6
135/8 142112 142/23 144/1 145/9 146/1
147/17 148/10 14914 150/8 1 51 /6
1 51 /21 1 52/1 0 153 /23 15515 157/24
156/10
[3] -1 /17 162/4 162/16
i] 18/4 54/1 55125 10916 113/5
138117 145/14 158112
g [1] 53/25
3] 103/18 119/17 119/20 123/8
123/9 123/10
Kenith [1] 129/21
Kenneth [2] 129/23 130/14
kept [4] 6/16 110/18 111/1 112/24
key [1] 120/3
kids [1] 84/24
kind [22] 6/6 913 22/12 32/8 37/13 52,
56/8 67/9 67/19 77/11 109/6 110/1
11 015 110/15 114/2 118/14 1 30/1
147/18 147/18 15011 153/22 154/21
cinder [1] 122/20
kitchen [1] 105/19
kitchens [1] 105/20
<latzkow [2] 71/18 84/19
Uatzkow's [1) 73/4
(new [2] 7/17 46/2
(nock [1] 38/4
(now It 101 2/5 217 2/18 2/24 7/18 9/8
9111 10/4 10/13 10/15 13/15 19/6 22/1
23/8 23/12 24/1 24/12 25/1 27/8 35/2
39/8 39/11 39/19 40/20 4111 43/11
43115 50/1 50/151/9 52/5 54/3 55/12
61/13 62/12 62/24 63/9 63/14 64/9
64/14 64/15 6611 66/14 67/16 68/14
69/9 70/4 70/18 71/4 72/24 74/2 74/13
74/21 74/25 75/2 75/11 75/14 75/15
75/23 77/12 77/21 77/23 90/7 93/6
97113 102/25 103/5 103/24 108/19
108/22 108/23 111/12 113/2 113/14
113/22 115/18 116/20 118/25 1 19/1 3
125/23 130120 13115 140/17 140/22
143/21 143/23 143/25 144/11 145/16
146/21 147/17 148/9 148/12 148/15
148/18 148/20 149/10 1 51 /9 151112
152/10 152/24 154/12 154/19 155/1
155/10 155/17 157/18 158/1 158/6
158/11
(nowing [1] 6/16
mowledge [7] 6/13 19/22 19/23 32/1,
34/21 89/18 9012
mowledgeable [1] 89/21
mown [5] 27/5 97/16 105/24 122/22
123/8
mows [2] 75/19149/6
(ol8at [17] 1/17 28/2 29/17 43/21 53/16
56/18 61/2 61/17 71/11 74/19 80/8
134/2 134/10 150/10 156/9 156/17
159/20
15/1
acking [1] 154/1
adies [2] 129/24 151/1
ady [3] 130 32122 124/25
ake [3] 140/18141/6 141/13
ekes [4] 141/4 154/16 154/17 155/8
anais [1] 12/4
and [22] 21/14 39/20 57/14 61/19 65118
67/17 67/20 68/12 69/10 86/6 96/4
97/21 97/21 98/19 98/25 100/17 115/4
121/5 122/10 133/8 134/17 158/24
and - created [1] 97/21
and-resulting[l] 97/21
andscape [19] 1118 15/24 27/8 27/14
57/17 57/18 70/19 85/21 91/24 92/18
101/6 102/15 110/13 110/14 110/17
11518 144/5 147/16 147/24 -
andscaped [16] 7/10 11/1 16111 26/2
68/10 68112 68/19 69/2 70/6 90/20 91,
101122 101/25 144/6 144/10 159/15
andscaping [23] 7/19 7/21 15/7 15/16
a
landscaping... 1191 16/17 16/18 27/4
44/4 90/25 91/18 91/20 92/6 101/12
101/15 101/24 102/3 110/18 111/12
115/4 115/8 146/19 146/21 147/23
language [9] 69/16 85 /6 90/5 90/7 90/11
96/20 101/19 143/17 147/2
large [10] 66/3 94/1 116/4 117/17119/6
119/11 137/7 140/6 141120 158/20
larger [1] 94/16
largest [2) 32/16 138/10
last [17] 46/3 50/22 52/17 54/2 88/16
105/6 105/20 126/4 129/13 131/11
132/18 135121 136/14 136/14 137/22
142/7146/23
late [3] 3/14 152/14 152/22
later [5] 3/9 6/18 7/16 7/20 40/21
Laughter [1] 150/25
law [3] 71/1981/11 88/5
lawnmower [11 61/6
lawyers [1] 120/24
lay [1] 120/21
LDC [23] 10/6 10/710/22 25/12 26/18
33/5 33/7 33/12 33/16 39/25 43/23
45/12 45/14 45/15 46/9 46/13 58/2
69/14 72/7 89/12 91/1 134/20135/3
leaders [i] 105/18
leading [3] 50/2 50/4 136/10
leaf [2] 138/23 139/5
leak [t] 53/4
learned [2] 104/22 120/1
lease [8] 8/24 53/21 53/22 54/23 113/2
145/16 145/16 157/9
leased [3] 53/25 113/9 113/12
leases [3] 8/22 145/15 145/21
leasing [8] 8/22 54/22 110/25 111/15
111/22 145/10 145/11 157/5
least [7] 2/25 13/23 45/6 77/10 117/10
140/15 140/21
leave [3] 5/11 49/18 155/13
leaving [5] 4/3 95/12 98/16 111/3 127/1;
led [1] 50/14
left [2] 80/25 160/22
legal [15] 14/10 44/14 44117 44/23
45/13 46/6 56/21 73/15 73/25 74/1 7414
74/4 74/7 74/9 74/11
legalities [1) 159/25
legally [2] 86/1 123/8
legitimate [t] 14113
length [1] 127/11
less [6] 7/17 13/1 24/14 3212 32/5 32/19
let [15] 1/9 3/20 35/10 67/5 67112 68/21
68/24 77/12 78/16 95/8 103/24 104/12
104/18 116/25 124/2
let's [25] 19/5 75/10 101/10 10717 108/6
109/1 109/18 110/3 110/21 111 /7
111/13 113/25 114/1 114/24 114/24
115/15 115/22 117/23 130/1 14216
142/12 142/19 1 51 /1 7 158/6 161/1
letter [13] 14/4 1417 30 /6 40/25 83/19
84/6 134/22 134/24 135/19 137/22
138/2 138/3 142/12
letters [2] 30/4 46/25
level [2] 139/12 139/14
levels [2] 118/6 143/16
liberty [1] 90/9
lies [1] 127/2
rfe [4] 83/14 122124 138/25 141/15
light [3] 13/15 13/23 46/5
lighting [6] 13/14 13/21 13/23 59/14
59/1759/18
lights [3] 106/19 136/1 13617
like [60] 5112 6/6 13/14 14/15 28/10
36/23 37/13 38/22 41/8 50/10 50/20
52/8 52/25 56/10 58117 58/24 59/9
59/13 60 /1 62/19 62120 65115 70/21
71/12 75/19 79/13 94'123 10419 106/5
107114 108/6 108/8 112/3 113/9 115/18
119/10 119/12122/16 125/13 125/19
130/20 131/4 131/17 131121 138/16
142/11 142118 144/11 145/8146/22
146/23 148/3 149/3 154/2 154/23 155/3
156/11 159/15 159/16 160119
likely [2] 24/14 140/14
limit 111 58/11
limited [1] 85/17
limiting [1] 59/16
line [33] 717 7/9 20/20 20/24 21/8 21/9
21/11 22/24 26/16 27/9 27/19 27/20
47/12 50/25 53/5 67/15 67/16 67/24
68/1 68/2 89/5 95/13 96/12 96/13 96/15
10217 122/15 139/14 139/16 139/19
141/1 150/20 153/13
lines [3] 7/19 23/3 39/3
list [2] 18/8 18/14
listen [1] 130/8
listened [1] 134/11
listening [5] 96/6 96/7 118/13 137110
157/17
lists [1] 28/3
literal [t] 100/4
little [22] 5/19 7/23 12/14 29/8 34/1
40/13 52/4 55/10 5614 62117 62/17 64/2
79/2 94/25 104/15 108/13 114/3 127/4
130/1 135/21 154/15 15518
live [18] 18/15 20111 42/9 51/25 60/22
104/6 104/20 116124 117/9 125/10
130/20 131/2 131/15135/8 135/17
146/21 151/16 151/18
lived [1] 128/19
living [1] 122/20
load [1 ] 51 /11
loader [1) 52/8
loads [1] 12/3
located [7] 31/10 94/6 94/15 128/16
136/25 139/15 143/9
Locating [1] 140/7
location [10] 6/13 15/25 22/7 27/8 31/19
38/1 45/21 92/7 92/8 13613
Lombardo [t] 81/11
long [5] 97/7102/16104/11 152/4152/6
longer [3] 54/3 60/14 111/1
look [25] 14/1 14/22 24/17 33/2 35/18
35/25 37/19 53/22 6113 6117 73/22
84/22 89/1191/10 102/13 107/2 107/13
110/1 110/21 111 /7 115/23 143/12
147/15 147/16 155/2
looked [8) 15/3 31/12 31/16 54/5 61/8
61/13 145/6 152/4
looking [15] 15/8 15/9 15/13 19/16 23/9
27/15 41/1 52/18 52119 52/23 109/25
113/22 131/5 144/2 147/10
looks [13] 16/12 37/13 38/22 43/6 52/25
56/10 62/19 62/20 75/19 79/11 94/23
159/15 159/16
loop [1] 12/14
Lord [1] 75/18
lose [3) 64/24 117/8 155/17
losing [1] 136/24
losses [1] 158/15
lost [1] 123/2
lot [34] 5/5 6/5 7/25 9/3 16/14 16/16
28116 39/11 39/15 41/16 43/13 46118
10217 102/22 10615 108/25 111/19
111/24 112/9 113/1 113/18 114/25
115/2 115/8 116/16 116/18 118/16
121/12 125/9 126/5 148/11 154/16
154/24 159/24
ots [4] 112/16 121/8 149/21 149123
oud [2] 128/20 151112
ouder[1] 12611
ow [1] 150/1
ow -rise [t] 150/1
over [1] 55/14
owering (1] 117/21
uckily [1] 38/3
unch [5] 3/4 3/13 3/15 7814 78/11
_uncheon [1] 78/14
unchtime [1] 78/16
ma'am [6] 34110 34/15 36113 37/5 55/17
126/22
machine [t] 111/23
machines [2] 106/18 118/2
made [l 2] 31/8 52/16 63/18 80/7 83/20
84/8 99/6 13416 136 /22 143/6 154/10
156116
magnitude [2] 36/2140/9
Magnolia [1] 79/9
mail [2] 11/9 135121
mailed [1] 30/5
mails [3] 5/4 516 83/7
main [1] 25118
mainly[1] 35/5
maintain [11 ] 32/19 45/3 54/25 84/13
84/15 91/24 111/24 112/24 138121
145/13 158/3
maintained [6] 69/3 70/6 90/21 91/5
101123 102/1
maintaining [4] 43/25 45/5 146/19 158/7
maintenance [89] 5/24 8/10 8/15 9/10
9/23 10/5 16/5 16/22 16/25 19/6 19/16
25/10 26/2 26/9 26/15 27/1 27/2 30/16
31/25 33/21 38/25 40/6 47/11 48/19
48/21 50/17 50/23 50/24 52/25 53/20
54/17 58/15 85/16 85/18 85/20 85122
87/5 87/7 88/8 89/3 92/14 92/16 92/17
92/18 92/25 93/3 93/23 9416 94/22
98/12 99/5 101/7 1 01 /1 3 101/16 102/2
102/16 104/21 104/23 105/3 105/24
110/11 110/13 110/14 111/23 11517
119/4 119/5 120/11 122/14 125116
125/17 127114 128/8 129/14 132/5
132117 133/6 133/15 138/19 139/3
139/4 140/2 140/4 145/13 147/15
150115 153/22 156/14 157/23
major [1] 108/4
majority [2] 50/10 122/3
make [31] 10/4 11/2 1115 19111 22/18
24/1 27116 40/9 40/20 41/14 43117
46/14 46/15 60/4 60/21 63/20 69/23
71/6 73/19 75/2 81/22 82/10 84/15
107/5 111/9 119/7 124/12 13217 146/23
156/10 156/11
maker [1] 76/12
makes (91 17/14 49/12 51/19 66/9
112/11 145/23 145/24 148/7 150/23
making [4] 56124 99/13 105/22 106/2
management [2] 96/2 106114
Mandy [1] 82/14
maneuvered [1] 83/23
manila [1] 20/2
many [16] 5/8 30/9 30/15 35/13 41/25
53/19 53/19 76/18 77/4 106/10 117/2
117/20 123/14 126/17 14311 157/5
map [11 47/9
Mark [5] 1/16 47/5 75/24 146 /21 154/13
marketing [2] 144/2 147114
marshal [2] 38/1 38/17
master [5] 88/22 88/23 123115 123/22
123/23
Master's [1) 105/15
!materials [3] 70/18 128124 1 40/1 3
matter [14] 12/10 18/13 37/24 42/2
54/18 79/5 8011 85/9 89/13 129/10
138/13 146/2 150/21 151/23
mature [1) 24/19
maturity [1] 16/18
maximum [4] 10/10 25/13 61/10 147/22
may [17] 214 3/9 21/12 25/22 75/21
76/22 83/10 83/17 83/18 84/1 97/19
100/23 112/5 112/6 124/9 141/17 142/1
maybe [8] 12/7 41112 118/6 118/7
118/16 133/23 152/9 152/11
me [63] 3120 1 5/1 2 1 5/1 5 1 5/1 6 18/20
26/5 29/13 29/19 30/5 33/6 35/8 35/10
38/19 43/4 4617 52/17 53/17 60/12
61/14 65/4 66/5 67/5 67/12 68/21 68/24
70/7 78/16 82/3 90/10 91/12 104/9
104/13 104/18 105/12 106/6 106/9
107/6 116/21 116/25 117/1 118/13
118/15 120121 120/24 122/11 123/7
12412 128/2 134/22 136/19 137/15
138/5 142/3 147/7 147/7 149/6 151/4
152/7 152/25 153/4 157/24 158/25
159/15
mean [57] 17/8 19/23 23/10 24/21 25/2
2515 25/7 25/10 25/17 27/24 28/14
30/20 30/22 35112 37/17 38/9 38/23
39/2 39/21 40/3 40/10 40/18 40/24 43/3
44/5 47/2 50/1 51/6 55/22 56/11 62/14
63/9 63/15 63/22 63/24 64/11 64/21
66/1166/14 70/9 71/8 73/12 75/21
90/15 106/12 108/23 110/16 111/10
113/16 119/1 119/6 123/19 149/17
150/4 15114 151/13 152/23
meaning [1] 68/6
neans [4] 67/16 67/17 68/5 122/5
neasure [t] 136/18
neasured [1) 136/17
neasurements [2] 84/18 136/14
neet [6] 9/25 34/19 36/10 45/11 129/7
meeting [10] 1/44/124/1518/433/7
79/15 134/15 134/20 135/1 160112
meeting's [1] 72/24
meetings [1] 5/1
meets [3] 33/4 153/24 155/19
member [5] 2017 77/24 132/1 133/14
137/16
members [16] 1/14 8/20 11/2 18/8 18/12
18/13 20/4 20/15 20/17 29/2 46/19 5914
81/9 117/15 117/17 133/4
membership [1] 117/21
nemo [4] 74/20 74/23 74/23 74/24
memorandum [5] 71/13 71/16 71/22
72/1273/6
nention [1] 106/7
nentioned [10] 2/17 39/18 65/16 71/20
71/23 71/24 86/11 142/25 145/25 15117
mess (2) 101/11 130/1
nessy [1] 110/5
net [8] 1/11 7/2 13/5 22/5 22/25 27/6
111/20 143/16
natal [9] 24/5 24/7 39/17 64/23 65/2
66/12 154/4 154/5 155/22
nic [7] 104/14 107/20 106/8 109/4
110/7 116/7 118/15
Michael [2] 3/22 5/15
Michigan [4] 1 05/1 6 1 05/1 6 1 05 /1 8
microphone [1] 18/7
miss [t] 108/11
mid [4] 6/25 15/6 104/22 149/25
mid -rise [1] 149/25
middle [1] 43/6
Midney [1]. 1/18
might [24] 2117 12114 13/24 23/17 30/8
31/2 31/9 52/14 59/14 59/2177/16
77/17 79/11 83/16 89/13 95/15 118/7
149/8 149/9149/9 152/22 155/23 157/9
157/10
million (1) 144/18
mind [8] 2/20 3/18 5/13 44/16 124/23
14117 153/10 160/25
mineral [t] 140/13
minimal [1) 79/11
minimize [1] 103/15
minimum [11] 13/22 26/4 26/8 26117
68/25 90113 90/17 90/24 1 01 /20 144/4.
158/25
minority [1] 50111
minute [6] 4/1 29/7 110/16 115/23 117/1
117/1
minutes (7] 10/24 81/17 114/6 114/7
114/17 114/21 142/21
mirrored [1] 146/3
misfortune [1] 132/24
missing [1] 98/2
mission [2] 122/19 123/2
mistake [2] 63/19 134/6
mitigated [1] 59/19
mode [t] 145/22.
model [11] 8/18 24/9 81/18 83/22 83/25
84/2 98/8 98/8 106/2 107/1 131/16
modem [1] 49/24
moment [4] 33/23 36/17 37/1 75116
money [4] 111/19 112/9 128/4 149/4
month [1] 120/7
months [2] 105/9 116/23
more [50] 5/19 7/17 9/3 9/18 11/13 13/1
24/15 26/2129/14 32/2 32/5 32/22 33/7
33/22 39/5 41/6 46/19 5217 64/3 69/18
74/11 76/22 94/25 97/18 102/20 109/11
109/22 115/10 116/2 117/6 11816
119/13 120/7 120/16 120/19 125/25
132121 133/24 136/12 142 /10 146/24
157/25 158/2 158/2 158/3 158/3158/8
158/8 160/2 160/16
morning [11] 5/14 36124 47/10 49/19.
93/3 125/15 128/21 150/17 150/19
150/24 151/14
Moss [8] 12122 21/13 25/23 57/13 86/16
134/17 135/19 148/2
most [24] 9/1 9/20 12/6 26/1 26/10 30/5
34/12 34/17 38/13 48/9 58/12 86/23
95/20 99/11 104/2 104/3 104/4 110/23
127/5 131/19 138/12 140/13 144/22 -
154/22
mostly [3] 107/10 116/11 146/1
motion [11] 150/11 156/8 156/10 156/12
156/16 158/16 159/24 160/7 160/23
161/3161/17
motor's [1] 52/13
mouth [1) 109/5
move (8] 16/19 60/21 60/23 104/14
111/10 118/21 136/20 155/7
moved [7] 79/17 80/5 118/23 119/3
123/11 123/12 131/22
moves [2] 42/25 104/17
'moving (4) 5/11 6/18 23/3 136/9
mower [4] 52/11 52/11 139/4 151/19
mowers [10] 48/9 48/22 51/9 52/5 52/19
52/21 55/2 110/12 138/23 146/17
mowing [1] 52/22
Mr [62] 4/13 4/15 4/17 4/19 4/22 5/1
5/13 18/21 19/3 20/2 20/18 25/25 2E
29/22 31/8 33/24 34/2 35/15 39/24
41/21 43/21 47/6 47/8 53/16 54/14
56/18 57/6 58/20 59/11 59/22 61/1 61/1
61/16 61/16 71/11 74/19 76/3 77/16
88/12 88/18 90/7 97/8 133/17 134/2
134/10134/23 135/19 138/19 142/11
142/21 146/24 149/17 150/10 150/13
152/1 153/13 15619 156/21 157/4
158/19 159/19 159/22
Mr. [46] 2/11 4/14 4/1712/20 12/21
12/22 13/5 14/9 19/1 19/1 19/2 20/1
41/22 47/7 53/14 54/9 73/2 73/4 74/14
74/17 76/1 77/14 79/6 79/7 81/9 81/16
84/19 86/16 97/19 103/6 111/20 116/20
119/16 123/5 126/25 134/3 135/7 143/6
147/25 148/2 149/15 151/25 157/2
157/3 157/15 158/4
Mr. Bellows [2] 12/21 119/16
Mr. Chairman [6] 79/7 81/9 81/16
126/25 134/3 135/7
Mr. Hancock [1] 79/6
Mr. J.D [1] 12/22
Mr. Joe [1) 12/20
Mr. John -David [2] 147/25 14812
Mr. Klatzkow [1] 84/19
Mr. Klatzkow's [1) 73/4
Mr. Kolflat's [1] 74/17
Mr. Moss [t) 86/16
Mr. Murray [7) 4114 1911 20/1 54/9 77/14,
151/25 157/2
Mr. Pink [1] 158/4
Mr. Pires [1] 143/6
Mr. Rogers [1] 111/20
Mr. Saadeh [2] 2/11 41/22
Mr. Strain [1] 97/19
Mr. Tony [1 ] 14/9
Mr. Webster [1 ) 13/5
Mr. Wolfley [14) 4/17 19/1 19/2 4717
53/14 73/2 74/14 76/1 103/6 118/20
123/5 149/15 157/3 157/15
Ms [7] 4/11 130 28/2 33/24 61/1 157/3
158/18
Ms. [1) 55/5
Ms. Homiak [1) 5515
much [32] 10/17 10/18 10/19 17/15 31/3
42/5 57/11 62/25 64/3 64/6 73/16 74/11
74/1180/21 93/11 94/16 97/25 111 /1
118113 118/17 120/19 126/21 130/7
130/9 130/22 131/7 133/25 142123
154/12 155/10 155/11 156/1
multiple [5] 10/16 11/4 8815 149/1 149/2
municipalities [1] 130/17
Murray [11] 1/18 4/14 19/1 20/1 47/6
54/9 77114 80/7 151125 1 56/1 8 157/2
must [3] 75/7 111 /1 112/24
19/23 20/13 25/3 2 8/13 15/14 1 32/132
34/21 37/13 38/21 40/4 43/2 45/15
46/10 50/4 50/14 51/22 52/17 55/13
56119 56/21 63/24 65/6 74/24 82/14
82/14 82/22 84/6 84/13 84/23 84/23
91/8 97/4 104/1 104/6 105/1 105/7
105/9 105/23 112/1 11417 119/19
120/14 122/16 124/5 125/9 125/11
125/13 127/1 127/1 127/17 127/24
13015 13112 131M 131 /14131/19
ny... [32] 131/21 132/3 13219 1 32/1 2
132/23 132/25 1 3311 6 133/16 1 35/1 9
135/22 136/3 136/4 136/4 136/5 136/12
136/14 136/23 136/24 137/1 137/2
137/10 138/5 141/7 141/24 145/4
146/25 150/3 151/10 151/21 153/5
156/22 162/8
(name [l 21 5/15 73/4 104/1 119/19 123/6
127/1 13112 131/14 137/21 137/22
142/8 159/12
names [1] 106/
Naples [12] 1/5 1/13 216 2121 318 4 /2
78/18 79/4 117/20130/21 161/20
162/12
narrow [t] 98/16
natural [t) 87/25
nature [1] 160/13
near [4] 45/10 118/15 146/15 151/15
!nearby (2) 117/3 117/12
nearer [1] 140/8
nearty[1] 128/19
necessary [5] 56/21 71/20 71/25 72/1
101/6
necessitate [1] 111/2
need [45] 9/7 25/9 29/8 30/16 31/2 3114
31/6 31/21 32/9 32/19 36/6 40/1 41/17
41/23 45/9 51/13 6717 74/4 75/1 89/23
92/13 93/4 93/6 98/7 105/3 105/5
107/12 107/19 108/9 109/22 111/9
113/14 113/15 113/16 114/2 114/4
115/5 120/15 120/19 124/20 133/1
133/14 145/7153/25 157/22
needed [10] 7/8 31/20 60/15 65/10
66/20 69/22 95/22 109/12 111/4 160/20
needless [1] 83/15
needs [71 66/3 94/12 110/23 120/10
122/21 145/6 155/19
negative [4] 107/18 107/24 108/2 137/2
negatively [2] 138/25 141/13
neighbor [t] 128/18
neighborhood [12] 7/12 7/13 7/15
115/12 115/13 122/8 134/14 134/19
149/20 149/22 149/24 160/11
neighboring (2] 11/14 107/25
neighborly [2) 1717 148/22
neighbors [6] 43/17 51/24 59/6 133/4
148/21 160/10
never [8) 8/14 17/13 76/5 112 /2 112/4
112/7124/1 156/23
new [35] 34/8 34/25 35/17 38/23 38/24
47125 48/17 49/4 104/21 111/25 112/13
112/18 11315 113/6 113/7 113/19 116/1
116/1 11713 122/5 125/17 125/20 126/4
130/15 132/10 135/23 135/25 136/2
13612 1 36/1 0 145119 146/14 146115
148/1 149/25
newer [1] 24/8
newspapers [1] 158/11
next [18] 3/19 14/8 26/22 44/7 77/11
80/3 103/13 107/14 112123 119/9 124/7
125/4 125/11 126/23 129/20 130/25
1 3111 0 135/5
nice [7] 3/12 43/13 64/5 115/16 116/23
147/16 153/2
night [1] 106/19
nighttime [2] 139/11 151/7
nine [4] 76/20 112/10 114/4 121/22
Nineties [3] 6/25 15/6 1712
10 [l 121 2/19 4/25 7/4 12/9 12/10 12/15
17/8 21/15 24/23 24125 26/4 26/8 26/17
27/19 28/9 28/14 30/25 31/8 31/11
33/22 37/5 38/5 39/5 44/7 44/14 47/2
48/22 49/7 53/13 57/3 59/9 60/14 61/7
63/14 63/17 64/4 65/21 65/2165/21
65/24 66 /6 66/19 66/22 66/24 67/2
68/16 68/23 69/3 69/8 69124 70/24
71/24 72/23 73/19 74124 76116 77/22
78/8 80/20 84/22 84/24 65/10 85/11
86/1 93/6 93/7 93/23 95/20 96/20 96/21
98/17 99/2 99/22 99/23 100/8 101 /1
101/17 102/10 107/18 107/24 108/2
108/3 109/11 110/7 111/10 112111
113/14 113/23 123124 124/15 124/22
126/12126/15132 /17132/21 135/1
135/3137/19 139/25 14117 143/21
146/13 146/14146/16 150/12 153/9
155/6 156/5 158121 158/23 158/24
160/22
no- brainer [2] 17/8 155/6
nobody [3] 7/17 46/2 149/6
nodding (1] 67120
noise [22] 19/20 27/17 27/17 50/5 50/16
51/3 51/19106/11 106/12 116/2 122/1
122/2 125/25 136/1 136/8 136112 139/2
139/12 139/13 139/25 141/10160/3
noises [2] 60/17 128/20
noisy 131 139/3 139/5 139/10
none [2] 91/21 137/15
noon [5] 3/9 3/16 77/6 78/6 78/19
noontime [1] 7715
nor [2] 8/3 11/3
normal [3] 3/20 13/19 84116
normally [3] 57/18 57/23 64/14
north [l 31 47/14 64/15 90/3 92/25 93/18
93/18 94/2 94/5 94/9 94/22 122/3 127/2
160/1
northern [2] 93/5 138/9
northward [t] 136/21
northwest [1) 94/5
not [195]
note [2] 72/21 128111
noted [2] 68/2 137/4
notes [1) 162/9
nother[2] 21/25 101 /11
nothing [3] 44/8 112/17 121/17
nothingness [1] 91/22
notice [1) 56/11
notified [2] 126/13126/19
November (1] 104/22
now (641 2/22 2/23 3/9 8/17 9/12 12113
14/10 14/15 15/24 30/15 31/23 31/24
31/24 40/7 44/16 44/21 45/3 45/5 45/10
45/17 48/17 51/4 53/9 5512 6218 62/16
64/13 67/8 73/12 74/6 75/17 77/8 78/7
78/9 78/16 78/22 89/197/9 99/21 105/5
106/7 106/20 109/14 110/14 110/21
111/13 113/10 113/18 115118 116/25
117/11 118/1 119/24 120/7 123/14
126/15 128/16 132/23 134/12 137/25
142/19 147/9 156/25 157/6
noxious [1) 128/22
nuisance [1] 128/6
number [12] 44/5 51/2 82/25 63/7 85/4
85/9 110/2 117/7 117/18 127/2 131/3
140/7
[t] 82/9
:lion [3) 30/4 78/7 84/20
ibjectionable [3) 140/5 140/10 141110
)bjective [1] 113/18
)bjectives [2] 96/3 113/17
>bligation [1] 50/11
)bnoxious [1] 88/8
)btaining (11 121/13
)bviousiy [11] 24/9 25/5 29/18 30/18
43/14 58/22 60/1183/23 91/23 148/11
159/14
)ccasion [1] 128/23
rocasions [2] 126/13 136/13
)ccupied [7] 121/23
)ocur [2] 23117 152/12
)ccurred [1) 89/3
)ccurs [t] 123/16
Jctober (1] 13/5
October 29 [t] 13/5
Aor [2] 50/5 122/1
Aors [t) 128/22
1ff [8] 20/22 40/10 80/25 118/17 124/5
128/6 126/11 153/11
)ffensive [7] 45/6
Aer [3) 51/16 79/13 79/20
Aered [1] 7/11
Aering [1) 33/15
Ace [2] 84/13 94/21
Auer [1] 84/14
)h [10) 67/25 68/12 107/21 108/10
110/4 110/9 123/23 130/14 131/25
A [t) 140/12
7kay [97] 2/16 2/20 4/5 4/9 19/1 19/9
2214 23/5 23/19 24/4 25/125/2 26113
29/10 37/10 42/8 48/7 53/9 55/4 56/16
56/17 57/4 59122 61/16 71/15 7215
72/14 72/16 73/17 74/14 75/12 76117
77/1 78/10 78/15 84/24 84/25 103/13
103/20 104/1 104/10 104118 107/8
107/9 107/16 107/23 108/6 108/10
108/10 108/15 108/19 108/20 108/24
109/1 109/9 109/16 109/25 110/4
110/10 110/17 110/22 111/3 111/12
111/13 11211 113/22 114/23 114/25
115/18 115/19 11 5/24 116/25 117/2
117/23 118/12 118/12 119/8 119/9
123/10 123/14 123/22 123/25 129/11
130/3 135/4 142/10 150/3 150/8 150/8
150/18 151/24 152/16 156/1 156/6
156/16 160/8 161/19
Did [4) 16/7 63/18 131/23 142/16
on [230]
on -site [2] 22/9 14513
once [4] 51/5 85/3 95/23 121/24
one (113) 2/6 5/9 5/9 5/11 6/14 7/6
11/20 11/23 12/7 12/712/10 12/23
14/13 18/13 19/3 19/719/8 20121 2117
22/8 22/9 22/10 24/8 25/6 26/12 26/21
27[7 30/6 30/16 30/19 32/16 33/14
36/22 38/2 38/4 38/7 38/11 41/4 4415
46/1149/8 49/8 49/13 50/5 50/10 51/6
51/11 52/5 53/2 59/9 62/21 70/23 72/9
76/4 76/23 76/25 77/1 77/11 78/3 78/11
78/20 79/3 79/5 79/22 81/18 82/16
83/22 83/24 85/5 85/9 86/2 90/15 90/23
90/25 96/17 97/22 98/9 101/2 101/12
103/14 105/12 109/5 109/6 110/3 110/4
112112117/1 117/1 117/5 117/7117/9
117/10 11917 120/3 124110 125/11
125/12 126/12 127/4 128/23 129/13
132111 134/6 136/16 141/4 146/12
147/5 148/23 153/11 153/16 153/23
160/5 161/11
one - eighth [2] 83/24 98/9
one -hour [1] 78/11
one- story[1] 62/21
ones [3] 20/16 28/6 47/15
only [27] 13/24 28/19 31/17 41/7 44/24
58/4 58/11 59/4 67/9 93117 101/16
109/3 109/23 111/7 112/12 112/12
116/3.124/14 127/16 133/12 136/11
137/8 142112 1 45/1 3 1 46/1 0 149/24
160/5
)nto [2] 126/8 128/2
)pen [11] 6/9 6/16 32116 110/24 111/3
125/13 125/24 128/1 145/2 150/19
151/14
)paned [1) 151/8
)penings [1] 140/16
)perate [4] 17/13 49/24 51/10 106/17
)perated[4) 8/1094/19118/3121 /20.
)perating [t) 153121
)peration [10] 8/12 13119 51/7 59118
85/24 94/19 121/20 139/2150/15 157/5
)perations [2] 139/11 151/7
)pinion [6] 72/18 73/5 73/10 75/15
75/22 156/22
)pinion's [1] 75/15
)pinions [1] 76/13
ipportunity [5] 45/23 53/19 57/9 12919
opposed [71 29/23 39/13 51/18 80119
131/7 139/16 148/9
opposing [t) 59/6
opposition [8] 73/19 83/4 83/5 83/9
83/11 84/6 135/22 148/17
option [5] 717 16/1 27/9 45/6 96112
or [114] 2/12 2/18 3/13 6/12 7/12 7/17
7/18 8/15 9/6 10/5 11/3 11/3 11/17 12/1
13/1 14/25 17/4 17/19 17/23 20/22
22/10 22118 23/18 24/2 25/17 27/4
27/13 27/17 28/4 28/21 32/2 32/5 32/13
32/20 35/17 36/18 39122 41/18 42/11
43/25 44/10 44/25 46/4 46/16 46/24
48/10 48/11 48/12 48/22 49/25 49/25
51/2 51/3 51/3 51/4 51/19 5218 5218
53/4 53/6 57/20 59/17 61/6 63/10 64/15
65/12 65/19 68/3 74/23 62/14 87/23
87/24 87/24 87/25 88/1 92/12 93/5
94/14 97/21 99/17 99/22 102/16 103/7
107/9 112/15 114/4 11518 120/11
124/12 124/14 126/5 127/19 133/21
139/11 141/5 143/20 143/22 145/15
145/18 146/15 146/18 147/18 149/6
150/17 152/19 153/22 153/23 154/1
154/13 155/19 156/7 158/5 159/4
160/10
)range [2] 153/13 155/16
)rder [6] 36/7 65/10 98/5 128/3 128/6
orderly [1] 18/4
ordinance [4] 90/5 90/6 143/13144/13
orientation [3] 11/1612/1 14/17
oriented [t] 11/19
orients [1] 12/4
original [6) 45/18 45124 61118 88114
143/13 153/15
other [64] W 5/9 5/20 617 8/24 10/23
12/24 18/2 18/16 19/7 19/15 22/10
22/14 23/6 23/24 26/14 32110 37/4
37/23 38/6 38/18 38/2041/2 43/19
43/24 48/6 48/13 50/5 50/6 50117 52125
53/8 53/24 54/10 57/1 62/23 63/11 65/1
68/8 76/14 78/2 87/25 89/13 93/12
96/17 100/4 102/7 103/1 109/12 110/19
1 11 /13 112/8 114/18 115/10 116/10
128/3 131/24 136/19 137/14 146/16
148/23 149/24156/3156/22
others [1] 83/16
otherwise [4] 12/15 20/25 149/3 159/16
our [62] 2/4 8118 16/23 16/25 24/13
27/15 28/6 28/13 28/18 29/16 33/5 44/6
44/19 44/21 54112 56/22 7114 72/15
77(7 78/16 79/14 90/4 93/20 93/20
96/11 106/11 116/19 117/5 117/8
117/13 117/16 11912 126/8 126/8
126/11 128/6 128/25128/25 129/2
129/2 129/2 133/17 133/18 137/8
138/25 139/15139/24 140/8 140/18
141/1 141/4 141/6 141/11 141/12
141/14 141/14 141/14 141/16 141/20
143/24 145/20 147/24
Ours [1] 32/20 _
ourselves [1] 3/15
out [56] 6/7 14/22 15/13 16/122/22
24/17 24/19 30/9 31/3 31/17 36/6 42/23
43/17 47/12 47/16 47/18 49/14 49/19
49/25 51/1 51/12 51/19 54/19 56/8 58/3
58/17 6011 61/19 61/20 72/6 78/1 82/6
83/1 83/2 87/9 104/24 111/3 111/18
113/7 117/16 119/23 125/21 126/2
132115 134/23 134/24 1 38/1 6 138/18
139/8139/18149/17150 /5153/23
154/13 156/8 157/18
outcome [1] 61/15
outcropping [t] 64/15
outdoor [1] 115/2
outline [1) 153/14
outlined [3] 60/2 89/8 96/4
outside [10) 25111 30124 3417 36/25
54/1 54/24 105/12 110/19 113/10
113/13
outstanding [1] 122/22
outweighs [1] 141/21
over [32) 8/21 9/23 10/2 13/4 2917 33/2
33/20 33/20 40/15 42/23 47/24 58/6
88/16 96/19 104/6 114/9 114/10 1 14/1 7
115/23 116/14 116/15 119/24 123116
125/12 126/7126/11 126/25 139/21
139/24 144/13 145/21 158114
overall [2) 1515 92/5
)verhang [1] 35/5
)verhead [3] 150/20 151/12 151/13
)verkill [2] 142/15 1 47/1 2
)wn [14] 21/17 22/14 23/4 40/17 40/17
40/19 46/13 53/21 53/24 54/2 54/25
129/3 132/23 138/14
)wned [7] 94/19 105/18 111/1 112/24
113/11 121/17 154/4
)wned/operated [1] 94/19
)wner [3] 45/24 88/13 119/22
)wners [3) 28/3 85/14 134/12
)wnership [3] 8/19 54/22 65/19
)wnino 131 65/16 110/25 111115
P
packages [1] 11/9
packet [5] 4/22 28/13 29/16 91/15 92/21
page [2] 86/6 86/18
paid [1] 8/20
panel [1) 57/2
paper [1] 28/23
parcel [21] 6/9 6/17 7/1 7/2 7/7 9/17
9/22 9/22 45/21 87/20 88124 88/24
88/25 8911 89/22 89/24 92116 93124
95/13 96/25 100/12
parcels [1] 9013
park [1] 54/24
parked [2] 36/25 147/6
parking [26] 6/5 9/23 10/2 16/14 16/16
33/21 38/5 58/6 61/1168/16 68/19
68/23 69/3 69/24 70/4 70/24 92/8 96/19
97/5 97/6 9719 97/11 102/22 116/11 --
129/15 147/2
Parkinson's [1] 124/11
part [15] 4/10 5/7 17/12 50/18 56/6
83120 84/8 85/25 87/8 93/2 93/3 100/10
102114 143/24 153/12
participation [1] 81/1
particular [20] 71/21 74/18 78/12 82/22
82/24 83/18 83/21 84/3 85/1 85/9 90/6
92/2 92/10 97/23 98/8 99/14 102/24
125/10 132/8150/22
pass [4] 18/9 59/5 147/18 147/18
passes [1] 151/19
passing [2) 51/16 116/21
passionate [2] 83/10 83/13
past [4] 9/4 14/3 77/5151 /8
path [ ] 711 64 47/17 47/18 91/17
paving [2j 91/10 91/14
Pawel [1) 79/8
PDI [4] 88/23 95114 143/16 144/1
PDI -95.1 [3) 88/23 95/14 143/16
peak [2] 10/9 24/10
peculiar [1] 87/20
penetration [1] 51/17
people [41] 2/5 5/9 7/3 11/4 18/15 1 911 9
23/11 28/16 46/19 46/20 46124 51/25
54/9 77/5 77/12 7812 78/5 78/17 83/10
9713 101/16 102/17 106/5 112/15
114/18 116/16 1 16/18 117114 117/15
117/22 118/3 11813 119124 126/20
127/16 134/24 142/14 145/10 147/15
151f7 16012
peppered [1] 120/3
percent (14] 37/16 47/23 87/3 98/6
99/12 100 /8 113123 117/25 118/5 118/8
119/24 132124 150/4 150/7
perfectly [2) 41/9105/6
performing [1] 50/17
period [2] 51/1890/15
periods [1] 111/2
permit [3] 21/2 38/15 147/19
permits [1] 35/8
permitted [3] 35/7 68/16 68/20
person (3] 15/11 81/3120/21
personal [2] 131/21 136/22
personnel [2] 106/15 106/17
perspective [5] 15/10 22/3 50/8 87/12
)ertain [1] 73/7
)ertains [1] 73/8
Wilton [23] 3/21 4/6 29118 29/23 46121
57/25 59/16 79/14 92/1193/22 93/24
94115 107/2 107/3 109/12 110/22 127/8
127/8 137/5 137/11 138/20 147/8
156/13
)etitioner [10] 75/12 86/5 100116 103/8
1 03/1 1 1 07/1 5 1 27/1 0 127/21 129/6
157/20
's [1] 74/3
[1] 20/16
ph [3] 92/20 92/22 94/20
phs [2) 84/18 97/6
[1 ] 106/4
1 [5] 10/1 22/13 32/12 39/2
[11 157/8
e [29] 11/1811/2014/24 15110
`+:._.
picture... [251 15/11 15/12 15/13 15/22
16/3 16/9 16/13 16/15 16/21 19/4 19112
34/4 34/11 35/18 36/15 37/9 52/19 55/7
56/12 109/9 115/16 120/12 144/20
152/2 159/10
pictured [1] 120/18
pictures [1 0] 10/24 1215 12/17 32/25
42/22 43/4 58/19 62/17 115/10 144/8
piece [3] 28/23 36/21 36/24
places [l 4] 36/18 92/24 109/19 109/19
109123 111/8 112/10 113/9 120/12
144/19 144/19 144/23 145/1 158/5
piled [1] 128/22
Pink [4] 81/8 103/17 104/1 15814
Pires [161 3/14/13 4/16 4/23 5/2 14/9
18/21 29/22 76/24 77/16 8117 81/10`
81/11 142/11 143/6 146/24
PL [3] 3/21 138/6 156/13
place It 11 9/12 10/25 17/23 17/24 31/13
35/4 65/13115/9 116/23 127/15 153/18
placed [1] 33/18
places [21 37/4 117/9
plan It 5) 9/1 9/1 9/13 12/24 88/23 88/24
91/10 91/12 91/13 96/2133/12 140/24
157/6 157/14 158/1
'planned [1] 17/6
planner [1] 105/16
planners [t] 148/25
planning [20] 1/4 1/10 4/10 9/14 72/19
72/23 77/3 80 /6 81/10 84/5 96/10
100/18 105/15 112/2 121/4 129/7
130/16 130/18 138/4 156/19
plans 141 95/5 133/7 140/19 140/23
plant [6] 6/11 6/21 60111 60/14 61/22
121/23
planted (3] 16/8 57/24 64/8
platted [1] 21/8
play [31 74/2 84/24 151/21
please [12] 2/2 4/3 4/6 29/6 47/9 47/20
73/5 103/24 114/11 125/4 142/2 151/1
pleases [1) 150/22
plenty (21 133/5136/20
plummeted [1) 119/1
plus [2] 24/17 44/6
podiums [1] 103/14
point P11 617 9/20 19/10 38117 43/2
48/2 52/16 58/3 58117 60/1 60/16 7216
75/14 77/18 109/10 11 8/10 119/14
123/16 126/1 138/16 139 /8 139/18
143/6 144/17 146/8 146/23 147/9 150/4
159/18 159/25 160/22
Pointe [1] 149/25
pointed [1] 85/8
points [2) 142124 148/10
Policy [1] 98/25
pollute [2] 140/15 141/6
polluting [t] 141/12
pollution [5] 106/19 139/2 140/2 140/11
141/10
Pond [t] 79/9
ponds [t] 94/23
poor [1] 29/6
portion [14] 22/13 48/25 54/9 55/15 62/5
62/6 90/10 94/5 127/22 127124 143/7
143/8 153/18 153/20
portions [t] 41/11
position [13] 18/10 28/7 28/20 41/24
69/14 72/18 74/17 82/21 90/4 93/20
96/11 155/14 160/22
positioning [1] 121/14
possible [10] 23/1434/1634/2055/18
100/8 100/9 119/14 139/10 152/22
152/23
3ossiblv12] 82/1111/6
3ost [t] 129/1
3otential [4] 12/8 12/11 13/25 159/8
3ractical [1] 17114
3racticalky [1] 102/13
3ractically [1] 101/14
are It 121/23
Drecedence [1] 66/16
3recedent[1] 64/11
3receding [1] 78/20
3recious [11 63/24
weexisting [1) 99/20
rrefab [2] 24/7155/22
)rapers [1) 151/20
rrepared [3] 14/784/1298/11
rresent It 0] 1/14 8/3 8/4 83/17 121/19
122/2 125/15 126/14 130/3 141/3
vesentation [4] 84/1 85/4 88/13 96/8
)resented 12) 58/21 6119
wesemly 121 138/13 139/16
rresents [1] 59/7
rreserve [1) 127/22
rresident [3] 5/15 13/6 125/8
rresume [t] 59/24
rretty [71 16/11 17115 42/5 62/18 62/20
7017106/21
rrevent 111 27/17
weventer [t] 2218
xevious [1] 135/14
xeviously, [2] 84/4 86/14
119/1
1] 127/12
principles [1] 71/19
prior [5] 27/3 27/4 84/10 87118 102/6
privacy [1] 132/9
privilege [1] 159/3
probability [1) 141/12
probably [16] 2/8 22/23 39/15 41/1 43/5
53/23 53/25 64/2 77/9 97/18 118/5
132121 148/21 150/6 152/9 15917
problem 1111 20/23 39/8 41/15 43/18
53/13 63/24 102/15 113/13 124/22
153/25 160110
proceedings [1] 16217
process [4] 9/14 72/25 155/1 157/10
produce [1] 140/9
producing [1] 140/7
professional 15] 32/23 138/6 16214 162P
162/17
profit Ill 46/16
prohibitive [1] 154/2
project [19] 2/12 2/23 8/2 11/14 13/11
14/5 25/11 44111 59/6 82/24 83/5 83/9
83/11 84/3 86/22 98/20 99/10 116/14
134/15
projectile [1] 128/24
promote 111 111/5
proof [2] 63/20 66 /6
proper [4] 7/3 16/20 147/19 147/20
properly [4] 17/6 27/13 48/25123/17
properties [41 88/20 91/19 94/18 97/15
property [541 7/8 12/25 16/23 17/1 20/2(
20/24 21/8 21/9 21110 22/14 22/24 23/3
23/4 26/16 26/24 37/4 44/24 48/12 -
48/15 58/19 64/22 67/15 67/16 68/2
68/3 81/15 87/17 89/5 9118 91/15 93/25
94/15 94/20 96/12 96/13 96/14 97/17
99/5 107/25 122/15 129/2 134/12 137/9
139/14 139/16 139/19 141/1 141/16
141/20 147/21 148/25 149/1 150/20
154/18
proposal [11 138/18
propose [1) 3417
proposed [47] 10/8 12/23 15/23 23/15
31/19 34/5 34/25 37/24 47/25 48/15
48118 49/4 49110 55/7 58/3 58/22 61/14
63/3 85/16 91116 91/21 94/3 94/6 98121
104/21 104/23 105/24 110/23 111/4
121112 12615 127/5 128/8 135/25
138/16 140/4 140/6 140/12 140/17
140/24 140125 141/3 143/3 143/19
146/13 146/14 146116
proposing [7] 10/12 17/23 31/14 40/7
60/18 153/15 153/17
protect 161 23/16 35/6 50/11 55/21 94/9
120/16
protection 13) 17/4 91/19 121/7
protective [1] 7/14
protocol [1] 83/21
protrude [1] 58/23
proud [1] 130/20
prove [t] 116/21
provide 16] 18/13 33/13 40/9 57/21
61/11 8417
provided [5) 13/3 84/4 86/14 92/21
59/3101/17
10/20 25/14 26/12 37/17
45/1092/12
provision [1] 100/5
provoked [t] 52/17
public It 71 57/10 5913 76/18 76/19 77/4
77124 78121 78123 81/1 102/20 103/9
103/13 111/6 137/17 142120142/22
15617
PUD [50] 9/14 9/16 10/1710/22 21/16
25111 25/16 33/11 33/19 40/4 40/11
40/16 41/2 4117 41/8 41/13 45/15 45/22
58/5 58/8 59/12 60/13 61/19 61125 62/4
63/25 68/9 69/18 79/9 85/6 85/10 85/12
89/8 89/11 89/15 89/20 89/21 90/2 90/6
90/1192/4 96/20 97/5 101/18 101/20
143/12 143/13 143/14 143/17 159/6
pull [t] 82/5
pumps [2) 146/9 146/9
purchase [2] 122/12 147/21
purchased [4] 105/23 131/23 1 32/1 3
132/25
purchasing [1] 9/2
pure [1) 155/5
purpose [7] 23/23 31/20 44/21 88/18
122/9 147/17 159/4
purposes [2] 44/22 94/17
pursuant [3] 45/1 85/17 86/24
push [5] 41/24 43/3 55/22 55122 70/13
pushed 13] 23/10 23/14 160/1
pushing [1] 93118
put [48] 7/9 7/19 11/11 17/22 22/10
24/13 24/15 2717 27/12 33/14 3417
34/17 35/17 36/8 36/10 38/24 39/12
45/6 4517 52/9 52/11 52/12 53/8 54/18
5516 59/9 64/12 70/18 81/23 82115 9116
91/9 91/9 101/14 107/10 107/16 110/3
110/4 113/8 113/10 114/24 114/24
133/5 136/15 146/9 154/21 154/24
12/24 27/3 27/4 153/10
[5] 83/14 122/24 137/9 138125
4'.
{4 _
duality... [1] 141/15
question [34] 14/20 15/20 20/14 20119
21/5 2316 23/20 25/3 26/21 29/14 30/7
35/11 37/13 38/21 44/16 51/23 52/17
52/18 67/13 68/8 78/192/23 99/18
100/4 120/4 12014 122/11 124/5 134/2
134/13 142/6 149/15 153/6 153/11
questioning [4] 53/16 131/18 133/22
luestions [17] 18/1933/2343/1957/1
59/21 76/15 99/16 100/22 100/25103/4
118/19 129/10 129/12 131/19 149/12
153/8156/4
luick [2] 68/22 142/24
IUletly [1] 4/4
suite [21 91/17 118/7
railroad [2] 138/9 138/10
raise [1] 161/2
raising [3] 148/16 148/17 161/4
rate [1] 159/18
rated [1) 22/23
rather [5] 85/17 127/22 132/9 153/22
Ray [21 ] 67/21 67/23 69/13 72/17 76/18
78/15 94/25 95/8 95/9 108/12 1240
126123 129/22 130/25 131/10 134/9
134/22 135/4 137/14 142120 153/10
Ray's [1] 67/20
reach [1] 3817
reached [2] 27/11 72/18
read [19] 28/24 29/12 68/24 70/5 71/14
74/19 83/19 90/7 95/16 107/3 107/17
110/5 110/8 110/9 137/23 137/24 14213
142/5 142112
reading [2] 54/4 158/10
(real [3] 68/21 115/16 132!12
'realize [4] 41/22 97/4 97/4 160/19
realized [5) 9/19 9/2131/4 62/15 157/9
really P7] 14/121/122/1824 /125/4
29/14 35/14 38/12 38/17 38/21 39/21
41/17 49/23 59/7 63/11 63/11 73/20
73/22 74/10 9314 94/12 10714 107/11
109/22 110/14 111/17 111/19 113/14
115/1 125/8 131/25 132/2 133/10
148/15 152120 15816 160/6
Realty [2) 1 3211 3 1 32/1 4
reason [22] 6/5 9/21 10/15 10/20 10/23
14/13 25/18 31/15 42/9 44/5 58/8 66/5
72/23 111/10 111/21 112 /6 112/12
113/14 147/1 151/9 155/4 159/16
reasonable [6] 45/1 46/16 66/18 86/6
100/17 158/23
reasons [6] 39/9 39/10 39/22 121/14
137/4 159/19
rebut [2) 57/9 142121
rebuttal [3] 18/21 18/24 78/25
recall [3] 87/18 143/19 152/15
receive [2] 29/18 135/18
received [2] 4/22121/4
recent [1] 8/17
recently [11 97/9
recess [1] 78/14
reciting [1] 56/20
recognition [1] 15917
recognizable [1]. 8611
recognize [1] 50/8
,ecognizing [1] 100/10
wommend [1] 156/12
'ecommendation [5) 60/5 6517 75/3
100/20161/18
•ecommending [3] 57/15 57/20 59/24
•ecord [22] 5/7 18/9 18/13 21/13 25123
28/10 28/11 29/25 57/13 67/23 69/13
72/17 83/19 83/20 84/4 84/8 124/14
124/16 134/16 146/11 15116 162/8
'ectangular [t] 39/17
ed [1] 125/1
'educe [1] 141/15
educed [2] 132/24 141/20
educing [1] 139/25
eduction [7] 87/2 98/4 99/12 100/8
107/18 107/22 107/23
edundancy[1] 103/16
edundant [2] 33/10114/13
1/16
on [1] 1/16
i [11 8/18
[1] 67/9
t [3] 28/4 69/16 86/16
g [3] 40118 84/2 84/2
] 124/10
1 33/13 42/24
refers [1] 127/8
refrain [1] 129/25
regard [4] 53/10 57/25 78/2312817
regarding [2] 122/1 138/6
regardless [2] 20/11 78/3
regional [1] 130/16
register 121 76/23 121/24
registered [10] 47/3 76/20 8316 121/21
121/25 137/14 138/7 138/7 162/4
regular [7] 1/128/2237/6511951110
53/379112
regularly[1] 16/1
regulation [1] 38/14
regulations [4] 34/23 38/9 45/2 128/14
reiterate [t] 148/23
relate [1 ] 50/6
related[1] 50/21
relation [1] 122/2
relatively[1] 96/14
relevant [3] 142/24 144/17 145/9
relocated [1] 157/23
remain [2] 47/1948/16
remaining [2] 119/10 155/18
remarks [1) 122/16
remember [6] 27/13 64/10 137/21
143/18 158/10 159/11
REMEMBERED [1] 1/9
remind [2] 13/24 103/21
reminded [1) 134/22
reminder [1] 82/10
reminds [1] 82/3
remnant [5] 94/3 94/5 9418 94/16 95/12
remodeling [1] 105/19
removal [1] 95/19
remove [3] 59/2 93/9 93/15
removed [12] 59/8 60/15 6211 63/1 63/2
63/3 6417 93112 95/11 95/20 97/10
143/9
removing [4] 20/24 40/11 46/11 46/20
render [1] 76/13
rendered [1] 72/19
rental [t] 65/19
renting [3] 65/11 65/12 65/17
repairing [2] 13915 139/6
repeat [7) 115/22
report [t 6] 8/7 57/5 58/20 60/3 72/19
85/7 85/19 86/3 86/4 86/7 86/12 86/16
86/19 99/7 99/21 162/6
'eporter [7] 417 82/1184/8 16211 162/5
109/3
82/18 119/11
P [1] 14110
1] 130/17
61 28/20 77/25 79/8 81/1:
represents [1] 98/14
request [20] 2/24 13/12 14/13 58/1
82/10 83/15 83/19 84/9 90/23 100/18
114/21 120/2 127/7 128/13 133/10
135/22 137/5 141/23 160/14 161/3
requested [19] 22/6 22/7 22/9 29/4 88/7
91/3 91/3 92/3 96/1 98/21 100/13
107/17 107/22 107/23 111/5 128/3
138/19 141/9 161/22
requesting [8] 9/16 31/16 40/2 45/7
113/25123/1 128/9133/2
requests [1] 134/21
require [8] 23/7 33/16 35/2 46/13 65/8
134/20 15818 160/14
required [16] 10/1010/21 13123 57/19
57123 69/15 85110 85/12 96/20 98/5
98/15 98/25129/6 147/23 148/1 157/25
requirement [24] 7/4 11/6 17/1 17/12
1 711 3 25/13 26/9 26/18 29/5 40/12
45/12 45/14 70/19 70/20 70/24 91/1
92/10 97/13 128/10 128/13 134/24
13513 143/14 1 55/1 5
requirements [14] 331843/2345/22
58/15 61/24 85/12 85/14 89/8 89/17
89/19 90/2 99/6 127/23 129/7
requires [6] 1117 35/23 67/19 73116 90/6
92/5
requiring [1] 27121
research [2] 9/18 44/19
reservations [2) 13/13 13/14
Reserve [34] 6/22 7/10 8/15 11/16 12/25
13/7 13/8 14/19 16/24 18/15 19/14 27/6
62/7 81112 82/18 83/3 119/21 119/22
121/8 123121 125/8 127/2 131/3 131/15
13214 1 33/1 3 1 35/1 6 135/23 136/24
138/15 139/1 139/14 141/11 141/19
reside [2) 1 35/1 3 1 38/1 4
residence [2] 47122 48/2
residences [t] 24/22
resident [4] 20/11 135/16 135/23 135/24
residential [28] 7/2 26/24 41/3 41/9 62/6
67/10 68/10 6911 81/13 86/22 88/10
89/1 89/2 89/10 89/23 90/14 90/18
93/19 97/197/15 98/22 98/24 99/10
101/21 102/11 12115 121/18 137/9
residents [24] 4/13 4/16 5/2 20/7 20/16
20/17 2911 2911129/23 50/12 81/18
82/25 8318 85/14 117/2 117/12 119/25
120114 122/11 123/16 127/17 133/13
142/25 157/17
resolution [1) 59/15
resounding [1] 99/23
respect [6] 18/5 18/11 28/17 46114
51/24 128/15
respectful [11 114/13
respectfully [2] 137/5 141/22
response [10] 4/25 57/3 76/16 80/20
92122 101/1 129/1 137/19 153/9 156/5
responsible [1] 138/11
rest [4] 9110 43112 50/13 119/14
result [5] 87/21 99/19 99125 128/5
158/22
resulting [4] 87/23 89/10 89/23 97/21
results [3) 88/2 88/15 100/2
resume [t] 78/12
retain [1] 155/11
retaining [9) 23/15 42/4 43/14 55/20
63/3 127/25 128/5 153/19 154/5
retention [1] 94/23
rethink [1] 75/22
retired [2) 105/9 130/15
return [3] 45/1 46/17 157/9
reverse [3] 52/6 52/9 52/12
Review [3] 21/14 57/14 134/18
revising [1] 41/13
revisit [3] 17/25 1811 18/2
revolt [t) 73/21
rewarded [1] 129/5
rezone [t] 143/7
ribbons [1] 136/15
Richard [2] 131/1 131/2
right [75] 2/22 5/8 5/25 6/14 9/12 12/13
15/24 19/16 22/16 23/5 25/3 26/20
27/23 31/25 32/7 33/14 34/12 35/10
37/25 38/1 38/16 42/2 42/18 43/2 45/5
45/10 48/16 50/25 52/23 55/2 55/16
56/7 56/9 62/16 64/4 64/24 69/5 70/21
70/25 73115 74/7 74/13 75/5 75/16 76/9
77/17 79/3 81/20 81/23 103/12 104/6
10617 108 /6 109/8 109/20 110/3 110/6
113/25 113/25 114/15 114/24 115/25
116/3 116/13 116/21 118/12 118/25
12511 127/3 132/6 135112 142/19
143/24 151/24 156/25
rights [1] 50/13
rise [3] 4/6 149/25 150/1
river[1] 87/23
road [10] 36/3 38/19 38120 39/5 42110
121/18 126/11 136/9 144/6 159/12
roads [1] 158/2
roadway [1] 128/25
roadways [1] 126/8
Robert [4] 1/19 103/18 119/17 123/8
rock [1) 64115
Rogers [2) 111/20 132119
roof [4] 6/1 10/9 24/10 35/5
room [8] 5/20 17/20 18/16 46/21 46/24
121/12 133/5 136/20
root [2] 62/24 149/10
rough 11] 153/14
roughly [2] 32/15 154/17
round [2] 30/17 119/24
routine [1] 3/21
routinely [1] 154/6
rules [2] 45/9 60/5
run [1] 140/17
running [t] 20/20
S
S- A- R- T -O -R -E [1] 142/9
Saadeh [26] 2111 3/22 4/20 4/22 5/13
5/15 19/3 20/2 25/25 35/16 41/22 47/8
57/6 58/20 59/11 88/12 88/18 97/8
133/17 134/23 142/21 149117 152/1
153/13 157/4 158/19
Saadeh's [1] 138/19
sad [1) 132/25
safe [1] 3/7
said [31] 20/3 25/25 27/7 28/10 31/12
38/2 38/3 38/5 6519 65/25 71/8 76/5
95/4 96/11 101/5 104/20 107/16 109/12
109121 111/17 115120 118/11 13016
130/6 132/21 133/17 135/16 136/20
143/2 143/21 144/19
sake [1) 103115
sale [1] 7/12
same 1211 5/17 6/2 6/8 30/24 33/12
40/22 50/12 52/12 52113 54123 66/8
78/21 105/12 108/11 109/13 113/5
115/14 145/14 153/16 16013 160/4
sample [1) 36/21
3artore [3] 13812 141/25 142/2
satisfactory [1] 120/8
satisfy [1] 148/17
save [2) 111119 128/4
savings [2] 137/23 157/8
saw 15) 52/24 92120 107/6 109/9 152/1
say [38] 7124 13/17 19/5 26/13 39/24
46/18 52/3 64/6 64/2168/11 68/12
68/15 68/17 68/19 69/23 731176/9 78/8
93/11 97/25 99/22 104/9 105/13 105/13
108/3 109/1 109/18 110/22 110/22
111/14 118/16 124/2 131/4 142/15
144/23 150/6154/13 156/10
saying [18] 22/2 38/17 61/9 63/10 63117
65/23 66/2 69/9 70/12 80/9 109/18
112/25 115/20 123117 142/16 146/12
158/5161/4
says [11] 34/4 66/2 67/2168/23 68/24
70/5 70/5 70/23 90/12 90/15 158/24
scale [3] 35/25 98/9 153/16
scaled [3] 23/22 83/25106/2
scenarios [1] 14912
schedule [2] 2/4 79/10
scheduled [1] 135/2
Schiffer[13] 1/1920/1821/1231 /8
33/25 34/2 39/24 6111 61/16 7613 9017
150/13 156/21
Schmitt [t] 12/20
scientifically [t] 36/20
scope [3] 106/13 112/21 154/15
screening [1] 70/10
SDP [3] 21117 95/14 143115
search [1] 140/22
seats [t] 2/3
second [18) 11/15 14/2 14/21 15119
22/8 22/9 24/17 41/5 110/2 127/9128/9
135/17 136/3 136/23 137/1 139/24
143/6 156/15
second -story [t] 24/17
secondary [1] 11/24
seconded [2] 8017 156/17
seoondly[t] 156/25
section [5] 89/19 90/5 106120 154120
155/2
sectioned [t) 15214
see [551 5/25 811 11/4 11/11 11/12
11 /18 12/10 12115 12/16 13/2 13/10
14/23 15/4 15/18 15/19 17/16 18115
21/6 24/14 24/16 24/18 41/9 44/14
49/24 53/7 60/16 71/8 75/2194/21 95/2
95/10 97/6 97/11 98/13 101/16 102/14
107/7 107/9 107/12 107/15 108/6 109/1
110/3 112/17 114/25 115/11 115111
115/15 12217 133/14 144/8 153/14
155/19 160/3 160/6
seeing [6] 8/8 12/8 12/12 18/16 50/8
;earned [2] 58/24 61/14
teems [6] 37/18 59/9 70/21 128/2
136/19 157/24
;een [6] 1113 28/12 28121 127/11 147/5
160/19
ceep [1] 56/3
pelf [7[ 45/19 87/13 87/25 88/3 99/3
120/25 157/1
:elf- created [4] 87/13 87/25 8813 15711
self- imposed [1] 120/25
fell [2] 11 611 8 144/3
selling [2] 116/19 117/4
send [3] 14/3 7319 135/20
senior [2] 12/19 32/22
sense [16] 10/411/2 11/5 17/14 24/1
40/10 46/14 60/22 69/23 73/19 107/5
111/9 112/11 145/23 145/24 159/25
sensitive [1] 122/21
sent [9] 5/6 11/9 1417 29/21 46/24 83/8
134/23 134/24 135/19
sentence [2] 110/2 11015
separate [1] 57/22
separates [2] 16/24137/8
separation [4] 10/12 2112 34/24 159/6
separation's[1] 21/23
September 11) 135/24
series [1) 78/2
serious [1] 137/2
serve [4) 23/2331/2031/2061 /22
service [3) 47/16 51/11 122/22
services [1] 50/24
session [2] 1112 77113
set [7) 66/16 68/25 81/17 90/13 90/17
90/24101120
setback [73] 9/16 9/2210/1 10/10 11 /7
16/20 20/25 21/19 22/1 23/2125/13
25/25 26/4 26/8 26/17 29/5 33/14 33/16
4012 40/7 41/4 41/5 41/6 45/10 45/22
46/13 57/16 58/9 58/12 58/14 64/2 65/9
6716 67/8 67/9 67/19 67/25 6912 69/19
71/1 86/4 86/22 89/16 89/18 89/24 90/2
9016 90/19 91/4 96/19 96/22 96/24 98/5
98/10 98/15 99/6 99/10 100/15 101/10
101/22 106/21 107/17 107/22 107/23
120/6 121/9 121/13 121/15 127/23
128/3 141/9 153/24 155/15
setbacks [9] 9115 21/15 31/10 34/19
40/17 4412 85/11 86/24 89/11
seven [10] 10/10 10/11 10/2125/14
26/2 104/24 108/20 134/12 139/23
144/14
seven -foot [1] 104/24
several [2] 73/4 148/25
sewer [6] 6110 6/12 6/19 6121 6/23
60/14
shall [10] 68/25 69/2 70/5 90/13 90/17
90/20 91/5 92/6 101/20 101/22
shape [8] 6/6 6/6 64112 66/9 66/9 66/21
66/22 157112
shaped [3] 25/5 25/6 45/20
share [2] 7/20 71/13
shared [t] 13/9
sharpening [t) 139/4
Shaughnessy [2] 131/12131/14
she [2) 7/24 106/3
She's [1] 13/8
'shed [2) 128/8 132/6
(sheds [3] 54/17 54/24 107/11
sheer[1] 122125
sheet [2] 81/4 153/12
shell [1) 39/3
shied [1) 155/4
shield (2) 9413 127/12
shielded f11 116/12
d [1) 105/2
] 18/21 108/23 137/1 155/20
R[1) 77/1
[1] 115/5
[13] 5/11 20/25 41/2 70/25 72/13
should... [8] 74/2 85/1185/12 102/18
103/22 108/13 139/18 159/15
shouldn't [2] 14/14 37/17
show [25] 10/2411/9 11/2012/17 13/1
14/4 14/16 47/9 47/9 62/16 63/6 74/4
7417 62/4 83/4 86/15 95/25 107/7
109/24 115/10 127/9 140/19 140/23
141/2 147[7
showed [8] 24/18 42/22 108/13 140/24
14418 152/2 156123 1 59/1 2
showing [8] 15/16 16/3 16/17 77/6 78/6
122/5 129/14 154/2
shown [7] 32/25 37/8 93/6 93/8 99/4
120/12127/3
shows [2] 1 4/1 8 127124
shrub [2] 138/23 139/5
shrunk [1] 31/19
shy [1] 81/6
sic [7] 613 18/12 59/9 692 70/6 102/17
134/15
side [42] 520 6[ 7/10 11/23 1623
16/25 21/15 23/8 27/15 27/16 30/24
38/6 38/8 38/19 38/20 42/4 49/8 49/9
49/11 49/12 62/18 6223 6725 91/16
92/25 101/7 101/9 101/15 1 02/1 6
102/18 121/18 122/3 122/6 128/12
129/14 146/5 146/6 147/6 148/5 148119
15323 155/16
sides [6] 12/23 23/4 94/1 14613 148/12
153/20
sight [1) 123/2
sign [1] 2823
signature [1] 20/6
signatures [2] 18/14 20/3
'signed [3] 20/10 20/16 2923
signify [2] 80/9161/3
similar [3] 24/8 26/10 35/8
simple [4] 13/13 14/8 68/6 68 /6
simply [2] 39/174/19
since [18] 5/18 8/11 8/12 8/13 4524
58/12 65/16 71/4 71/12 87/15 97/16
119/10 11922 120/1 121/20 139/8
13920 143/12
single (9] 7/11 11/25 1211. 1 4/1 3 7219
147/5 149/21 149/23 151/22
single -family [2] 149/21 149/23
sir [28] 2/19 19/18 24/23 27/2 30/14
31/11 33/9 44/3 47/22 48/8 8120 101/3
104/15 107/20 109 /2 114/2 114/22
118/10 11822 124/8 125/3 129/11
130/10 130/23 131/8 135/11 137/13
150/12
sit [1] 28/17
site [76] 6/4 6/9 6/20 6/22 9113 9/25
11 /17 1124 12/6 12/19 12/20 1221
12/21 1222 12/23 13/16 14/1 14/19
14/23 15/3 1613 16/4 17/25 19/14 19/14
21/8 22/9 23/25 25/5 25/6 25/9 36/16
41[ 41/10 55[ 59/17 60/11 60/12 .
63/12 64/11 67/1 67/6 85/22 8820
91/10 91/12 91/13 92/5 93/17 9423
95/22 105/25 106/14 106/21 112/20
115/6 121/23 127/15 128/23 136/2
136/5 136/13 137/10 143/15 145/3
146/10 146/11 146/15 147/11 148/19
149/24 149/25 150/2 156/24 158/21
159/8 - -
sites [5] 20/24 43/11 110/19 111/13
127/14
As It 89/4
sitting (1] 130/8
situation [6] 59/10 87/22 88/1 97/17
113/21 120/22
six [13] 12/11 13/2515/14 15/20 30/11
105/9 116/15 116/22 131/24 132/2
146/5 146/6 161/12
six -foot [1] 15/14
size (26] 10/18 11/716/5 18/1 31/5
31/13 37/21 39/12 39/13 65/10 66/20
66/23 67/198/4 98/6 99/12 100/9 111/4
111/11 140 /6 143/21 143/24 144/14
144/25 15519 155/21
sizing [1] 145/5
slide [7] 14/18 14/2163/4 127/3 127/9
127/24 129/13
slides [1] 14/15
sliding (1] 23/17
Mope [2] 42/25 152/3
slow [6] 7/22 29/6 29/8 55/13 109/15
109/16
small [7] 14/855/1996/14107/10111/8
119/7149/9
smaller [8] 10/1810/1923/2234/18
36/8 65/6 6517 66/4
smallest [1] 98/4
smarter [1] 97/3
;mail [31 50/15 51/4 51/21
smells [2] 10623 126117
match [1] 142117
soil [1] 154/1
sold [2] 17/5 132/12
sole [t] 87/14
solely (7] 64/22 85/17 87/12 88/2 88115
99/3100/2
solution [1] 160/17
some [82] 2/4 3/14 4/13 4/16 5/2 5/10
12/5 15/24 18/20 34/13 34/13 35/6 37/1
39/13 41/15 43/22 44/19 47/13 50/6
5321 5321 56/1 56/5 56/12 56/13
56/14 5623 5821 63/1 632 64114
64/17 75/19 77/23 83/6 83/8 83/10 84/1
8515 86/13 8725 88/1 88/11 88/12
89/13 9017 9423 97/6 105/8105/17
115/5 115/10 115/16 118/18 123/16
124/19 126/16 126/19 13324 13723
141/18 143/2 144/19 145/1014524
146/8 146/9 147/18 147/18 148/8
148/15 148/17 149/8 149/9 149/10
149/20 149/22 15117 151[ 152/25
154/11 160/18
somebody [5] 66/16 110/5 118/16
145/25 147/7
someone [3] 2/16 25/12 14721
something [33] 213 8/5 25/4 2523 27/18
35/17 35/25 36/1 40/16 43/12 4925-
51/18 53/12 53/15 53/24 58/25 59/10
61/12 63/21 64/15 66/17 67/16 67/17
67/19 68/6 71/20 8125 84/23 142/18
145/18 145/19 154/2 154/6
sometime [1] 624
sometimes [2] 53/6 128/21
somewhere [4] 143/9 148/20 149/18
15422
son [t] 131/23
soon [2] 65/13 124/19
sorry (7] 26[ 49/15 104/16 107/21
109/16 118/14 135/19
sort [3] 59/18 65/8 74/16
sound -[73] 17/3 52/6 52/10 52112 52/14
106/25 116/14 118/6 118/8 11819
139/20 139/22 144/11
sounds [3] 52[ 127114 127/18
source [3] 139/12 139/13 160/12
south [8] 47/16 50/24 81/15 122/6
125/22 136/10 155/16 159/13
southern [4] 47/18 86/2199/9 143/8
space [5] 32/17 35/4 51/19 148151 58/9
spacing [1] 155/8
speak Ill 1] 5/3 32/10 38/12 78/2 61/3 --
82/8 83/6 114/18 119/21 12317 137/
speaker Ill 61 81/7 83/18 103/13 116/
116/14 119/9 124/7 125/4 126/23
129/22 130/25 131/10 131 /11 13417
135/5 135/10
speakers [14] 4/8 47/3 76/18 76/19
76/21 77/4 84/1 114/4 119/10 134/12
135/14 136/19 137/14 142120
speaking [1] 81/19
special [9] 64/18 64/19 87120 88/2 99/18
99/24 129/5 158/21 159/2
specialty [t] 155/24
specific [3] 22[ 89/16 143/21
specifically [3] 36/20111/21 154/20
spell [t] 142[
spelling [1] 142/1
spend [2] 105/9 112/9
spending [1] 149/4
spent [1] 8/2
(spill [1] 141/5
!spilled [t] 119/23
spirits [1] 140/13
spoke [3] 4119 132119 1 37/1 8
spoken [2] 24/12 126/18
spokesman [1] 104/2
spring [1] 87/24
sprinkled [3] 342535/1 35/1
sprinkler [3] 34/23 3725 39/19
sprinklers [1] 36/10
sprinkling [21 23/24 39/21
square [28] 24/2 30/15 3115 31/24 35/13
36[ 39/15 66 /8 66/9 86/18 8620 86/25
87/1 872 87/5 92/14 92/15 93[ 94/1
94/12 98/1 98/3 98/10 98/12 99/8 121.,
120/11 122113
staff [55] 5[ 9119 11/3 12/18 12/19
1322 24/13 27/6 27/11 28/5 29/20 57/5
57/15 5720 57/25 5817 58/10 58/20
5825 592 60/2 60/8 69/14 72118 72/19
75/6 75/11 75/12 75/21 76/9 76/15 84/5
85[ 85/19 86/3 86/3 66/4 86[ 86/8
86/12 86/16 86/18 90/9 9222 97/25
99[ 99/21 10017 100/14 105/17 120/24
143/16 143/23 147/3 150/15
staffs [2] 75/15 75/15
stand [5] 3/25 1421 1425 152 83/3
standard [9] 44/18 73/16 74/1 74/1 74[
74/9 144/5146/17 147/13
standards [2] 22/2 61/24
standing [2] 15115 19/8
standpoint [1] 1442
star [2] 117/11 117/12
start [9] 92 41125 7816 78/19 104/18
125/15 149[ 154/11 161/20
started (l 11 5/21 5/22 5/23 625 7/13
9/13 9/13 9/17 145/5 147/10 154/3
starting [3] 8/18 42/6 128/20
state [3] 51/15 88/6 162/2
stated [3] 93/24 94/14 127/21
statement [8] 32/11 6613 112123 1 22/1 6
122/18 124/11 138/3 155/12
statements [1] 93/22
states [9] 29/1 68/9 66/19 96/21 99/7
101/19 120/15 121/19 138/10
status [1] 117/6
stay [3] 49/1 132/10 136/6
stays [1] 4824
162/9
step [1] 10712
steps [1] 108/20
sticks [1] 136/15
still [19] 10/20 28/15 29/18 36/9 40/9
66/11 77/13 79/2 82/9 86/5 86/9 100 /16
118/15 120/8 13217 145/12 145113
158123 16013
stipulated [t] 58/4
stipulation [1] 59115
stop [2] 53/9 114/13
storage It 91 48/19 48/21 48/22 55/10
100/12 110/12 11217 114/25 115/2
120/11 120/15 122/14 126/16 128/1
136/25 13717 146/13 146/14 146/16
storage /malntenance [2] 120/11 122/14
store M 9/6 9110 10/5 15/24 65/13
stored [6) 3415 34/7 48/12 51/20 109110
110/24
stories [5] 40/1 41/5 58/6 96/18 160/5
storing [1] 11112
storm [1] 23/18
storms [1] 87/25
story [l 31 9/23 10/2 24/17 33/20 40/5
41/4 41/5 59/8 61/10 62/21 123/24
133/1 160/5
straight [2] 15/9 79/3
Strain [2] 1/16 97/19
street [1] 132/8
streets [1) 9217
stressed [1] 157/4
strict [1] 97/13
strictly [2] 96/1 114/12
stringent [4] 9/15 10/17 36/13 97/13
structural [2] 138/7 138/12
structure [14] 111/22 112/4 112/5112/8
112/10 112/13 116/1 116/1 116/3 116/4
116/5 152/6 155/18 155/22
structures [5] 43/13 92/7 115/25 128/15
154/23
stuck [1] 40/4
studies [1) 63/23
study [2) 3111 43/15
stuff [1] 145/20
subdivided [1] 39/11
subject [3] 81/15 93/25 140/10
subjected [1] 128/20
submit [7] 28/9 88/6 91/2 92/9 100/7
108/1 124/13
submittal [1) 146/2
submitted [8] 28/4 28/5 29/19 29/24
92/20 92/22 95/4 95/5
substance [1] 76/8
substantial [21'106/18 136/22
success [1] 142/17
successful [1] 105/19
such [6] 97/12 99/20 139/4 140/7
140/13 141/13
suificiem [1] 121/11
3uggest[7] 113/4
suggested [1] 148/2
suggesting [31 51/3 52/14 133/20
suggestion [11 157/7
suit [1) 133/8
suitable [1] 133/24
superimpose [1] 39/3
Superior [1] 130115
supersedes [7] 45/15
supplement [1) 9/11
support [1 t] 5/23 18/10 28/6 30/6 54/10
83/4 87/10 92/12 95/21 156/24 160/23
supporters [t] 18/6
supporting [1] 44/22
supports [11 96/11
supposed [10] 26/24 40/20 48/23 60/4
6017 61/21 69/25 110 /15 111/24 123/18
supposedly [1] 132/3
sure [30] 21/4 30/18 32/18 33/3 35/3
35/14 40119 40/22 46/2 47/23 4916
49/20 49124 51/23 52/1 55/9 67/3 67/12
75/25 81/22 91/17 99/13 132/7 137/24
152/10 152/18 152/20 155/1 155/21
159/18
surely [1) 121/11
surface [2] 140/16 141/5
surrounded [t) 94/1
surrounding [2] 8/15 88/19
Susan [1] 12/20
suspect [1) 141/3
swearing [t] 103/23
sworn [4] 4/7 4/8 82/8 103/22
sympathize [1] 148/13
system [4] 6/23 6/23 60/14 149/10
table [3] 41/2 41/3 82/2
take [34] 2/2 2/25 311 3/4 15/13 28/20
39/2 39/14 42/23 51112 53/23 65/14
77/7 77/16 77/17 81/17 82/21 83/2
84/17 100/9 107/13 108/20 110/21
113/1 113/8 115/23 117/1 123/16
129/10 153/4 153/17 158/14 158/15
161/19
taken [16] 8/19 35/16 36/16 36/19 36/20
36/23 37/1 37/2 69/14 71/5 72/21 90/9
125/9 144/21 145/1 154/13
takes [1] 63120
taking [7] 8/21 77/20 82/20 83/1 120/18
127/15 152/25
talk [6] 7/25 86/17 104/4 107/19 114/5
116/25
talked [3) 106/4 111/15118/14
talking [19] 15/21 25/8 32/4 34/2 51/2
51 /3 55/13 67/24 73/14 89/14 89115
89115 94/10 94/11 104/8104/15 113/17
116/16 117/3
talks [2] 85/19 85/21
tall 121 16/7 62/20
tailor It 1 144/12
tank [1] 146/10
tanks [2] 115/17146/9
tape [1] 136/17
tear [6] 11/5 42/6 44/3 45/7 62/13 86/10
tearing [1] 42/1
:echnical [1] 156/24
echnicality [2] 40/3 40/4
rechnically [t] 149/19
yell [151 3/7 37/23 38/13 46/7 50/3 8214
83/23 116119 120/14 130/12 131/6
135/8 147/7 148/6 154/5
:oiling [1] 74/25
emporary, [t) 54/24
end [2] 73/18 73/20
endency [11 108/25
enets [1] 50/10
ennis [81 2/6 2/21 3/9 4/3 78/18 79/4
ad [11 145/21
] 92/6
79/8
154/1
1 3/194/5
estifying [1] 62/13
estimony [8] 37/18 66/19 66/25 75/13
75/18 75/19 158/24160/21
eating [2] 139/5 140/2
han [29] 3/95/199/411/1332/1732/19
32/22 33/7 38/23 46/20 55/23 65/17
73/17 73/25 74/11 93/12 113/2 116/2
118/1 12017127/22 132/9 144/6 146/16
148/23153/23158 /5156/22160/22
hank [82] 18/18 18/22 19/25 20/13
27/23 28/1 2919 41/20 47/19 49/2 56/16
57/6 5717 57/11 57/12 71/10 76/2 76/17
78/12 78/15 79/20 80/21 80/22 81/9
81 /21 82171 82/19 83/5 85/1 95/1 95/9
98/19 102/22103/3103/25104 /9106/1
106/5 106/8 114/23 118/12 118/17
119/8 123/2 123/4 124/6 124/8 125/2
125/3 126/21 126/22 129/9 129/11
129/18129/19 130/7130/9 130/10
130/21 130/2313117 131/8 131/17
133/25 134/1 134/9 134/16 135/7
135/14 137/10 137/13 138/2 138/4
141/24 142123 149/12 149/14 15019
15316 156/1 156/2161 /19
thanks [2] 80/23 137/11
that [740]
:hat's It 221 2/19 8/16 10/2 10111 10/13
11/24 14/23 15/3 19/14 19/23 20/12
20120 20/21 21/25 25118 26/3 26/12
31/11 31/15 32/8 32/24 33/6 34/6 34/6
3417 35/21 35/25 36/2 36/6 38/16 40/16
41/18 44/4 44/5 46/1147/5 48/25 49/14
49/17 50/18 51/22 51/23 52/15 52/22
54/3 54/4 54/10 54/1155/3 55/15 55/19
59/17 59/20 60/18 6217 62114 63/24
64/8 64/14 65/22 66/2 66/10 67/15
67/18 69/11 70/7 70/8 70/21 70/25
71/21 75/4 79/19 81/5 86/6 86/8 87/7
87/21 88/5 89/4 90/15 91/3 91/4 92/24
93/24 94/20 95/3 96/19 98/2 99122
101/10 103/12108120 108/21 108/22
108/22 112/19 113/13 115/3 117/6
118/1 118/2 118/8 121/9 130/6 132/25
134/22 136/16 143/7 143/9143/11
143/19 143/20 144/17145/9 146/17
149/11 150/9 152/22 152/23 155/4
155/11 159/16
their [39) 6/19 6/19 13/13 14/5 14/10
18/21 22/12 38/9 47/11 47/12 50/7
53/20 53/21 59/7 73/1 83/1 83/4 83/9
83/11 83/13 83/14 102/18 102/21 106/7
113/18 115/8 115/8 116/18 117/13
120/13 121/12121/14 12312 133/4
133/4 133/9 143/1 148/14 148/25
:hem [40) 13/1 13/9 13/11 14/3 14/7
14/9 17/3 18/11 28/9 28/11 28/15 28/21
30/5 35/4 35/9 39/7 51/11 51/12 51/13
51/13 52/5 52/22 54/25 54/25 72/9
73/22 83/6 83/12 86/15 1 0111 0 108/5
109/5 117/5 120/8 134/21 147/16 148/4
148/6 149/13 1 5111 5
:hemselves [1] 64/13
:hen [581 3/16 4/17 6/16 8/8 8/23 9/17
19/1 27/16 28/2 30/2 30/6 30/25 33/24
34/18 35/11 39/4 39/18 40/6 47/6 52117
57/22 59/24 6111 61/1 61/16 68/15
68/19 69/23 75/2 75/21 77/8 77110
78/24 78125 84/25 8714 89/7 91/20
95/18 104/24 105/2 107/6107/14 109/9
109/14 111/13 113/20 12415 128/13
142/22 147/8 148/20 152/13 153/19
155/20 157/3 15713 1 57/1 0
theoretically [1] 77/17
there [157] 2/11 5/9 5/10 7/4 8/13 11/25
11/25 1216 12/9 14/1217/417/517 /21
19/4 19/24 21/15 21/19 22/11 25119
26/3 26/8 26/17 27/4 27/19 30/9 30/9
33/135/4 35/13 35/17 36/17 38/25 39/5
39/9 40/14 42/3 42/23 44/4 44/6 44/6
44/8 44/1144/14 46/12 47/20 49/1
49/23 50/15 51/4 51/5 51/20 51/25
54/21 55/4 55/15 57/1 57/16 58/17
58/19 60/11 60/22 63/11 63/17 65/2
66/15 66/24 68/16 68/20 70/14 71/9
71/25 72/2 73/21 74/2 76/14 76/22
83/16 86/1 87/7 87/11 87/23 89/4 93/23
93/25 95/10 95/16 96/18 96120 96/21
97/22 98/19 99/2 99/18 99/24 102110
102/19104/6 106/10106/15 106/16
106/19 106/22 107/18 107/24 108/2
109/2 109/22 110/6 111/17 112119
117/14 117/22 117/25 118/1 118/2
119/4 119/6 121/25 122/13 125/1
125/16 125/19 126/16 126/20 128/21
128/24129/16132 /6132/16 133/5
133/6 134/6 134/14 134/19 134/22
135/1 140/15 140/21 1418 14211 3
143/6 143114 143/18 143/21 149/4
149/17 149/19 149/25 152/3 156/19
157/11 157/20 158/21 159/10 159/11
159/17 160/2
there's [65] 3/12 5/8 12/10 12/15 22/11
23/15 26/22 37/25 38/3 38/5 47/17 49/7
50/17 51/20 52/24 54/17 64/18 66 /6
67/2 6712 69/10 70/10 72/23 73/18 76/1
79/11 90/22 91/2 91/20 94/195/20
95/23 102/5 107/11 108/3 111/7 111/10
111/12 113/14 116/3 116/16 116/17
117/24 118/18 123/15 129/12 129/16
136/20 139/18 142/16 146/4 146/4
146/5 146/6 146/13 146/14 146/16
147/1 147/25 148/11 149/21 157/19
158/2 158/23 160/6
thereby [1] 122/23
therefore [8] 86/23 89/1 91123 95/20
100118110/25112 /24141/21
these [43] 7/16 11/19 14/15 19/7 19/19
33/1 34/17 35/5 35/16 39/3 44/8 48/19
48/20 51/11 52/2 54/24 57/16 57124
58/9 64/2 64/17 72/6 72/13 75/176/6
103/19 103/20 106/18 106/24 114/24
115/11 127/18 129/4 136/6 137/4
139/25 140/19 140/23 141/3 14715
147/14 148/10 1 50/1 9
they [110] 3/3 3/4 3/5 9/15 12/3 12112
12/13 12/14 12/16 12/19 13/14 14/1
19/22 20/11 22/9 24/14 28/4 28120
28/23 28/24 34/11 35/2 35/9 38/9 38/10
4713 47/17 4 7/1 8 49/5 49/18 49119
49/22 49/24 49/25 51110 51/11 51/12
51/13 54/1 55/1 64/12 64/12 66/17
68/19 69/23 70/1 70/2 70/3 75117 77/12
82122 83/12 86/9 91/6 91/8 91/9 96113
96/13 96/15 96/18 102/3 102/21 105/3
105/5 108/3 109/3 109/14 109/18
10920 109120 109/23 110 /16 110/22
11022 111/14 111/17 111/17 112/25
113/2 113/4 113/12 113/15 113/15
113/17 115/3 115/5 115/6 115/20
116/10 116/10 118/6 120/14 121/3
121/16 125/18 125/18 126/5 126/6
126/10 126/11 126/12 126/14 126!17
126118 132/17 133/11 1412 144/18
147/10 151/19
they'll [2] 2/25 115/17
they're [28] 5/714/11 18/12 18/12 20/15
24/16 28/13 28/14 32/2149/21 50/16
53/25 60/5 70/12 72/10 98/16 101 /9
106/16 109/13 110/10 110/11 112/16
112/25 113/1 113/24 115/4 116/15
133/20
they've [8] 5/6 14/3 14/11 22/6 22(7 22/9
44/8126/15
thing [16] 14/14 33/6 37/23 47/12 54/23
59/18 63/24 68/18 68/24 75/20 76/4
82/12113/1 116/17 126/3 132/20
things [12] 14/16 18/3 23125 36/11
40/21 40/23 45/25 74/10 75/1 76/11
126/19130/1 -
think [73) 17119 25/20 30/5 33/6 35/24
42124 43/4 43/16 48/9 50/18 52/15
52/18 54/10 56/23 58/20 63/22 64/18
69/17 69119 69/2170/1 7416 79/13
79/19 79/21 81/2 84/24 85/3 86/8 87/9
87/18 89/12 90/8 90/12 95/6 96110
99/15 10116 104/2 10413 105/10 107/1
107/14 110/2 111/15 111/24 113/2.
113/20 114/6 114/7115/16 118/15
121/6 123/1 123/12 124/9 129/12
131/16 131/18 133/ 19 133/21 137/21
142/13 144/14 15014 1 51 /1 3 152/21
153/21 156/9 156/4 158/19 159/2159/5
:hinking [4] 77/7 78/5 93/20 1 57/1 6
hird [3) 79/22 91/2 127/24
rhirty [t] 30/11
rhirty -six [1] 30/11
hose [38] 3/11 3/18 4/2 4/5 12/17 15/1
15/1 16/6 20/23 24119 27/2128/3 28/13
29/25 35/7 39/4 44/24 50/5 50/5 50/12
5217 52/19 60/3 60/7 62/1 63123 64/19
76123 96/7107/11 109/23118/3 141/6
155/7 159/19 160/14 16112 161/13
hough [6] 35/13 70/9 95/4125/24 135/2
t [11] 5/11 17/7 52/24 53110
58/7 108/2 109/25 110/16 148/15
151/4
thoughtful [1) 131/18
tree [30] 3/1 9/4 9/23 10/2 12/7 12/11
15/14 22/23 33/20 40/1 40/5 41/5 58 /6
94/1 96/18 116/8 117/12 129/16 136/4.
136/13 140/15 145/12 145116 145/17
148/18 153/4 159/14 160/5 161/11
161/17
:hree -foot [1] 159/14
:hree -hour [t) 22/23
hree -star [1] 117/12
hree -story [3] 9/23 10/2 4015
hrough [20] 6/5 14/2 14/15 34/22 54/4
56/3 64/16 71/18 79/21 79/22 95/4
106120 108/5 119/14 124120 132/13
132/14 144/24 14812 154125
hroughout [3] 6/9 117/5 117120
hrown [1] 128/24
hus [4] 31/15 135/25 139/25 158/8
iles [1) 126/8
ill [3] 78/4 149/10 150/17
rim [2] 79/7 80121
ime [80] 3/15 6/2 6/8 6/10 6/16 7/1 7/6
821 13/13 14/9 18/5 18/5 18/12 18/18
1820 1824 25(7 25/9 27/5 27/11 27/14
27119 28/18 28118 35/24 36/1 .36/17
36/19 37/1 37(7 40/23 40/24 46/1 60/23
622 75/14 75/16 76/15 7723 78/22
792 82/20 82/21 83/1 832 89/2 97/3
97/7 100125 103/15 108/11 109/3 111/2
114/14 119/12 119/13 123/15 124/18
125/14 126/21 130/5 130/8 131/6
132/12 132/22 135/15 137/10 137/24
138/9 138114 143/10 1 44/1 0 144/13
144/21 14511 148/24 149/12 150/11
15413 154/22 -
times [5) 17/10 7314 11218 132/6 144,
timing [1] 152/24
tiny [2] 63/5 63/6
today [49] 2/6 2/12 8/9 8/16 9/21 10/6
10/7 10/14 11/10 17/18 18/11 28/9.
28/15 28/16 33/10 33/11 33/12 35/7
35/9 45/9 45/16 46/13 46/21 55/13
58/21 59/14 63/19 79/10 79/12 79/22
81/19 83/183/17 89/4 90/19 104/5
108/1 108/3 109/3 114/20 119/21 131/4
131/17 13211 146/10 148/6 154/1 155/7
160/21`'
today's [1] 84110
toe [7] 42/3 42/15 42/17 42/18 42/25
55/2162/16
together [2] 81/23 82/15
told [8) 10/16 65/4 78118 110/18 111/21
132117 132/19 132/20
rony [17] 3/14/23 14/9 76/23 77/23
81/2 81/6 8117 81/10 100/25 102/9
10314 103/7124/10 142/3147/10 148/3
too [5] 62/25 70/11 118/14 131/17
158/20
ook [5] 15/12 24/19 54/5 57/25 136/14
ool [1] 147/14
top [5] 1616 43/5 55/11 105/17 125/25
opic [t] 111/16
opo [1] 154/1
ror [t] 1/17
total [5] 30/10 31/23 87/4 106/13 112/13
otally 171 18/9 27/20 30/18 60/21 143/11
:ouch [1] 3917
ouching [1] 39/4
awards [5) 15/3 41124 43/6 54/20 160/1
ownhouse [1] 131/23
rack [1] 79/10
ract [4] 34/19 61/21 67/24 68/1
ractor [11 61/6
ractors [5] 52/21 52/21 52124 110/12
136/9
radeoff [1] 160/6
raffic [2] 51/1 127/12
ranscript[l] 16218
ransferred [t] 62/3
ransitory [1] 127/16
ravel [2] 47/1147/12
ravels [1] 139/20
reatment [3) 6/11 61/22 9218
ree [2] 84/23 91/9
reel [10] 16/5 24/19 24/19 42/11 57/23
62/25 69/7 148/1 148/4 158/2
riangle [t] 155/16
ried [7] 23/6 25/4 126/19 132111 14911
154/25 160/9
riggering [1] 55/19
rim [1] 51/10
rimmers [2) 138/24 139/6
rimmings[1] 15/24
riple [t) 144/6
ruck [4] 22/10 38/5 38/7 38/8
rucks [1] 136/1
rue [5] 66110 93/25 132/11 13222
162/8
ruth [1] 116/19
Ty [6] 2/3 4/3 7/23 23/20 43/17 114/12
Tying [12] 2/9 3/717/10 24/5 44/18
f i
tying... [7] 55/24 71/6 82/5 10203
123(7 142/15 158/20
unnel [3] 125/19 125/23 125/24
urf [t) 129/16
urn [10] 7/2 8/23 49/25 108/9 141/15
141/22 145/12 145/18 145/21 145/22
wise [2] 25/25 119/7
wo [31] 2/5 11/22 12/7 12/11 20/23
30/1 30/11 30113 32/8 32/14 47/15
57/21 57/24 74/10 76/10 76/11 81/17
90/23 109/2 121/8 135/14 136/4 136/6
136/15 140/21 140/24 141/3 141/3
149/25 150/1 161/11
wofold [1] 46/10
4 8 (55/7751 /852/752/2535123 11
13 /19
128/11 138117 138/22 140/11
types 11 ] 41119
voical [51 14/18 19/12 19/14 51/7 155/1
6/66/6
Uh -huh [1] 6817
un [1] 46/6
unable [1] 65/5
unambiguous [1 ) 90/4
undefined [1] 92/17
under [13) 10/6 10/22 25/12 33/11 34/12
34/14 39/25 45/8 74/7 82/9 84/23 101 /5
147/22
underneath [2) 61/11 153/15
undersigned [2) 29/1 29/10
understand [13] 17/21 21/4 29/22 31/7
50/15 67/13 75/10 10114 102/9 102/12
135/18 148/13 154/15
understanding [2] 29/20 45/8
undertook [1] 30/25
undoubtedly [1] 140/12
undue [1] 100/6
unfortunate [1) 160/21
unfortunately (3] 41/6 45/15 151/16
unifying [1] 20/23
unique [1] 151/21
uniquely [1] 25/5
unit [24] 7/11 11/19 11/21 11/22 11/23
12/7 12/9 17/4 17/5 19/4 24/17 98/14
104/6 104/7 104/7 104/7 104/10 105123
116/20 127/1 131/3 135/12 135/17
137/3
unit's (1) 104/12
United [1] 138/10
units [10] 11/19 13/24 59/8 116/15
117/16 127/5 140/1 140/18148/14
149/18
unless [1] 154110
unnecessary [7] 43/24 44/1 44/15 44/17
46/6 46/8 100/6
unreasonable [1] 45/4
unregistered [t) 76/23
unstated [3] 93110 93/16 98/7
unsurpassed [1] 122124
until [4] 3/9 59/13 160/20 161/19
unusable [2) 44125 156/24
unusually [1) 45/20
up [55] 9/8 9/9 11/20 11/20 14/14 19/4
21/1 24/2 25/17 26/25 27/4 32/6 33/1
36/12 42/9 42/10 46/23 47/13 53/15
54/18 55/7 55/16 59/9 60/22 61/10
64/15 70/4 77/6 77/10 77/17 78/6 79/2
80/3 81/18 82/7 87/4 94/9 102/3 103/14
110/4 110/4 1 10/6 114/3 114/17 128/22
130/1 133/7 133/12133/23 14114
144/18 155/23 157/8158/7 160/5
ipon [5) 43/23 86/15 87/18 93/9 93/15
ipwards [2] 16/7 154/17
uban [2] 105/15 105/16
irge [1] 141/22
is [24] 8/7 9/2 11/3 14/3 27/11 34/4
43/23 44/20 46/24 47/9 47/9 63/16
66/15 73/19 77/17 103/24 106 /10
111/21 116/12 119/14 130/21 137/25
145/24147/14
use [35] 13/16 13/1713/18 17/9 36/2
36/9 39/20 44/10 48/7 51/9 51/9 51/13
51/13 52/22 62/3 62/5 62/7 64/2165/18
66/12 67/17 67/20 69/10 86/6 86/9
98/25 100/17 103/14 115/6 116/10
118/4 121/5 140/12158/24 159/7
used [22] 6/10 23/11 43/10 45/147/11
52122 53/3 53/5 64/14 69/19 73/4 88/24
114/9 115/3 126/14 126/15 138/21
139/9 1 39/1 0 140/3 146/7 146/17
user [1] 32/21
using [2) 7113 11514
Usually [1] 160/11
utilities' [7] 88/20
utility [8] 51/1161/20 64/1 70/2 94119
94/23 121/5 121/22
/A [3] 3/21 13816 156/13
/A- PL- 2009.1460 [3) 3/21 138/6 156113
raluable [1] 63/21
ralue [4] 122123 13712 139/1 141/20
slues [3) 117/5 117/13 141/16
rariance[71] 3/23 4/6 10/13 10/15
13/12 17117 23/8 29/4 31/15 31/16 33/4
39/9 39/10 40/2 41/16 41/16 44/23
57/17 57/18 61/4 63/16 63/23 65/3
65/19 66/15 66/18 71/19 72/8 74/11
78/12 81/2 83/15 85/11 87112 88/4
90/22 91/2 92/2 96/4 98/21 99/17
100/15 104/25 107/4 113/15 116/22
118/6 120/2 120/22 121/13 122/7 123/1
125/19 128/9 128/14 129/8 13117 133/2
134/21 137/7138/6 138/17 138120
141/9 141/17 141/23 149/3 149/11
157/13 158/25 161/3
variances [19] 39/20 57/16 73/9 73/18
73/21 73/25 74/8 74/10 85/10 86/4
86/19 87/19 88/5 88/7 90/23 96/1 99/7
111/5 160/14
various [3] 84/2 84/6 121/25
/DC [1] 136/15
vegetation 161 13/2 64/8 127/19 128/10
128/11 128/22
vegetative [4] 58/18 69/25 70/10 129/17
vehemently [1] 131/6
vehicle [4] 49/15 51/16 53/7 54/23
vehicles [11] 47/10 47/13 4817 48/20
49/4 49/14 51/12 53/1 55/1 104/12
107/9
vehicular [1] 102/25
/enezla [1] 149122
venture [2] 46/18 144/25
versus [10) 10/21 36/1 45/7 54/22 78/5
87/1 110/25 111/3 111/15 145/10
very [45] 8/6 8/20 10/25 14/8 14/8 20/20
24/8 24/8 32/21 32/21 32/25 33/2 57/11
80/21 89/16 98/16 106122 108/23
11 211 4 113/6 118/13 118/17 126/ 16
126/21 1300 13019 130/9 130/20
130/22 131/7 131/18 132/20 132120
133/25 139/20 142/23 142/24 142/24
144/20 152/23 156/1 157/9 157/10
158/4159/1
rice [1) 125/7
vicinity [1] 140/16
rlew [13) 1211 15/5 1518 15/9 42/12 44
51/22 59/7 84117 88/20 146/25 147/20
84/16
l/4 94/7
1119 4/18 41/21 54/14 59/22
Vineyard's [1] 140/19
Vineyards [72] 217 2/11 2/24 3122 3124
4/6 5/16 5/17 5/18 5/22 6/3 6/13 16/14
16/16 20/8 21/16 29/2 29/2 29/3 29/4
29/11 30/10 32/15 59/4 60/13 81/2
87/15 88/14 88/23 95(7 105/10 105/11
105/14107/3 110/19 110/20 117/10
117/22 120/2 120/4 120/10 121/2
121/11 122/1 122/17 122118 122/19
123/1 123/18124/1 126/10 127/13
128/17 131/22 131/24 13211 132/3
1 32/1 3 132114 132/15 1 3211 8 133/2
137/6 140123 141/18 144/4 144/5
149/16 154/3156/14 157/18 158/7
violate [1) 46/8
violated [1) 31/10
virtually [1] 44/25
visit [5) 12/19 12/25 53/19 84/17 1 36/1 4
visited [6] 12/20 12/21 12/21 12/22
12/22 136/13
Vista [1] 149/24
visual [2] 147/20 151 /11
visualize 11] 44/13
visualizer [1) 9215
voids [1) 154/25
vote [21 73/1 160/25
Nall [3] 4/1 102/20 103/10
Naive [2] 128/9 130/5
Nalk [2] 108/16 135/10
Nalk -around [1) 135/10
Nall [66) 5/25 7/4 7/5 7/14 11/8 11111
11/13 13/3 16/23 16/24 17/1 17/11
22123 23/15 24/14 24/15 27/3 27/17
33/15 42/4 43/14 50/25 55/20 62/19
62/21 63/3 70/10 70/20 9117 91 /11
91/14 98/13 10117 101/15102/4 104/24
105/1 105/7 108/21 125/20 126/7 128/1
128/5 128/12 128/25 129 115 132/9
136/11 136/19 136/21 137/8 139/19
139/21 139/23 139/24 14111 144/10
144/12 144/13 144/16 147/4 147/6
148/16 148/18 148/19 153/19
walls [1) 154/6
want [52] 2/9 3/12 3/13 31/23 37/14
38/2 38/6 38/7 38/9 38110 38/24 39112
41/24 43/7 44/3 49/14 51/24 64/1 54/15
54/25 56/20 59/2 66/17 70/17 71/13
7216 77/16 78/2 84/21 91/6 91/B 91/9
97/14 101/13 105/8 106/1 106/1 106/6
10618 114/16 114/19 116/18 120/5
121/16 123/24 135/4 138/4 142/21
147/14 151/13 155/11 156/10
wanted [15) 54/7 58/3 81/2 82/9 96113
126/1 13217 132/10 135/8 137/22 144/3
147/15 148/11 150/9 156/9
wanting [1] 65/14
Nants [7] 65/1 84/17 120116 120/22
124/21 127/21 157/6
vas [196]
vashouts [1] 87/24
vasn't [10] 39/25 45/16 86/17 108/14
110/15 124/2 144/12 144/24 147/17
149/5
Waste [1] 98/19
wasted [t] 101/15
watch [t ] 81/22 -
watching [2] 7/23 130/8
water [12] 6/10 6/12 6/20 6/21 6/23 53/5
60/11 60/14 61/22 121/22 140/11
140/15
Natt [11 83/24
Natts [6] 13/8 98/11 106/2119/18 125/5
125/7
Naves [1] 139/20
Nay [38] 614 614 6/15 7/11 11 /1 9 12/2
12/5 12/9 12/15 13/19 17/4 17/11 18/16
22/18 22/18 31/17 31/17 3517 35/24
42/5 42/13 47/16 47/23 51/1 51/1 51/20
70/14 74/8 83123 93/20 95/2 113/4
115/17 121/15 133/20 143/3 14515
146/1
we'd [2] 79/15 86117
we'll [24] 3/5 3/6 3/16 411 16/1 31/14
35/3 53/8 57/4 72/21 72/25 75/21 77/4
78/11 79/3 79/22 80/2 81/22 86/15
140/10 146/11 160/25 161/1 161/20
we're (54] 2/3 2/9 3/15 9/2 10/11 10/20
11/6 15/21 17/8 17/23 23/11 25/14
25/17 31/14 31/15 33/3 33/3 33/7 38/5
38/18 40/2 43/10 45/7 52/4 52/19 56/14
73/14 75/19 76/12 77/7 77/12 78/3
78/10 79/21 79/23 84/24 89/14 89/14
89/15 90119 94/10 94/11 101/11 103/9
109/21 118/10 119/23 124/19 142/14
142/18 142/2014222145/20 150/23
Ne've (22] 515 8/10 8119 820 9/4 17/6
22/5 22/25 24/12 31/16 5211 71/4 74/8
74/13 89/12 119/1 126/19 128/19 149/1
151/8 1 51/1 0 159124
Nearing [1] 8023
veather [2] 9/8 138/18
Nebsfte [2] 122/17 122/18
Nebster[1] 13/5
veek [2] 132/19 136/14
veekly [2] 16/2 53/6
weeks [1] 37/2
Neigel [11 71118
Neight [1] 41/17
Neights [1] 76/11
Nelcome [1] 78/16
Nell [69] 11/15 12/18 1324 16/16 16/21
23/2 23/13 26/20 32/24 33/9 35/18
37/22 39/19 42/17 44/20 46/10 46/23
47/13 49/13 49/21 50/3 56/15 63/15
6514 66/6 67/5 67/14 71/13 72/3 72/24
73/8 73/11 75/10 7525 76/4 77119 78/2
78/19 79/22 81/14 84/22 91/12 96/3
97/15 102/18 103/9 108/8 108/19 111 /7
112/1 112/9 118/18 121/21 124/4
132/21 132123 133/14 134/11 142/5
142/16 147/25 151/12 151/16 152/7
153/1 157/9 157/10 159/8 160123
vent [7] 6120 71/16 114/10 121/3
132118 145/6 160/5
vere [42] 4/8 8/21 9/15 10/8 13/16
16/19 21/16 26/25 27/5 28/4 29/21 30/4
30/5 31/12 37/3 41/13 58/1 58/9 59/8
62/163/1 68/17 69/25 82/8 83/8 83/16
86/4 86/19 95/5 99/7 100/15 108/7
121/25 126/6 126/7 126/11 132/17
15214 152/16 153/15 153/17 155/13
west [1] 43/1
what [102] 3/7 6/17 6/25 7/17 7/18 7/25
9/11 12/10 13/11 13/12 13/15 14/5
14123 15/4 15/14 17/14 18/7 1 8/1 0 22/1
24/6 25/127/5 30/20 31/132/8 34/2
36/22 37/14 38/12 38/17 44/13 44/14
44/17 46/2 46/3 46/7 46/24 47/22 48/1
48/8 49/20 52122 52/24 53/17 53/22
5415 56/20 61/19 65/4 65/22 69/11 70/5
72/4 72/13 73/25 74/9 74/12 74/25
75/18 78117 81/3 84/9 87/4 87/22 89/13
92/23 94/14 98/15 101/7102/3 102121
107/6 107/15 108/21 109/18110/10
110/16110/22112 /8 113/16 115/1
115/9 115/15 115120 115/20115/25
117/19 118/22 123/6 133/3 144/2 14417
145/7 145/7145/7 150/4 150/14 1540
155/2155/17 158/6 159/18
what's [131 8/7 8/8 17/13 17/14 85/3
90/12 96/10 97/24 99/21 115/11 115/12
116/20 149/7
whatever [9] 17/12 27121 32/5 51/4
70/17 118/14 143/22 147/2 156/8
whatsoever [5] 12/1 56/22 107/24
126/15 151/9
when [70] 9/13 11/6 14/21 14/24 17/2
21/1 21/21 25/8 26/22 26/25 36/24
37/24 38/14 40/18 45/1 4913 49/18 52/9
53/4 53/15 54/4 58/1 60/4 60/10 60/12
60/12 60/17 64/16 70/2 73/1 73/18
73/21 76/5 76/9 77/12 78/1 80/1 97/8
99/16 102/10 104/21 105/5 105/12
107/2 108/12 109/4 116/10 118/21
129/1 132/15 132/18 143/10 143/14
143/14 143/16 143 /19 143 /20 144/16
145/2 145/11 145/14 149 /7 151/16
152/12 152/13 152/19 154/19 157/21
158/11 16120
whenever [2] 3/3 16/2
where [45] 12/24 15/22 15/23 17/22
19/8 20/11 21/6 31/9 31/13 34/7 35/15
43/6 44/24 45/6 47/9 47/10 50/1 50/4
51/13 52/4 52/24 53/18 54/19 55/15
66/16 91/18 94/21 1 01 /13 104/15
10621 108/7 109/1 118/11 123/16
126/4 132/3 13217 135/8140/23 141/2
142/13 143!714421 155/21 160/6
whether [13] 9/6 17/18 17/22 1723 33/7
43/24 70/18 99/17 102/15 103/5 14523
146/18 157/7
Nhich (42] 3/20 5124 6/24 7/25 19/7 22/8
26/11 28/24 31/17 34/23 38/10 38/11
4019 52/18 62/7 62/7 74/3 74/12 78/21
92/4 96/13 99/19 99/25104/10 106/10
111/2 112/20 113/12 121/23 127/9
127/9 129/15 129117 131/16 132/8
138/21 140/10 140114 153/20 153/25
158/21 159115
Nhile [5] 126/11 127/17 139/18 141/17
157/17
Nhlte [1] 6/1
Nho [20] 3/17 13/5 18/15 20/16 5125
59/5 59/6 77/6 78/2 82/25 83/3 106/6
11924 12424 130/12 134/12 136/6
137/17 145/15 148/13
Nho's [1] 11/3
vhoever (3] 69/19 103/14 160111
r-
whole [11] 14/1 21/25 50/9 60/12 68/18
69/22 101/11 106/13 113/19 144/4
144/5
why [30] 10/13 14/13 29/15 31/15 34/1 c
37/19 38/24 40/19 61/4 62/18 66/2 66/4
68/19 70/21 70/25 93/3 95/3 96/19
101/12 102/21 105/3 105/3 105/4 10
105/6 107/12 120/4 134/15 149/11
159/16
whys [t] 121/9
wide [5] 6/9 32/21 57/18 69/6 93114
width [2] 86/1395/17
wife [2] 124/10 136/24
will [92] 2/22 2/24 3/3 3/16 9/10 11/9
11 /12 11/15 11/23 13/15 13/22 17/18
18/9 18/24 24/18 24/20 291'24 36/2 39/4
39/4 39/5 44/23 46/19 48/16 49/1 53/9
54/2 55/18 56/12 68/23 69/4 72/21 73/1
74/3 77/4 77/12 78/24 81/19 84/14
85/15 86/2188/9 92/23 94/3 94/9 99/9
99/11 100/4 10413 106/10 106/14
106/15 106/19 106/22 106/24 109/8
10918 1 11 /2 11 4/1 5 114/15 116/1
116/14 117/6 117/8 117/13 117/14
120/6 120/16 124/4 125/19 133/9
133/23 136/11 137/20 139/14 140/8
140/12 140/15 141/6 146/10 148/4
150/19 154/12 155120 155/25 156/6
157/11 159/19 159/23 16012 160/7
161/19
Nilling [4] 58/11 148/6 148/21 150/23
Nin [1] 59/10
Nindow, [5] 11/21 11/21 11/2412/9
15/20
windows [6] 11122 12/11 13/25 15/20
125/13 137/1
wise [1] 15219
wish [3] 83/11 137/17 160/14
wishing [2] 3/184/5
withdraw [1] 147/8
within [6] 23/21 90/11 10224 122114
13220 141/1
without [14] 31/10 31118 4216 43/17
62/22 652 85/13 86/25 92112 121/13
12120 127/18 129/8 133/2
Wolfley [18] 120 4/17 19/1 19/2 47/7
53/14 65/15 73/2 74/14 76/1 103/6
118/20 123/5 149/15 157/3 157/15
Non't [8] 3/8 3/10 15/25 2322 3120
31/21 35/9 77/7
Nondered [1] 105/3
Nood [1] 38/4
Noodward [1] 81111
Nord [2] 724 68/6
Nords [11] 19/7 19/15 26/14 4325
53/24 63/11 65/1 102/7 109/12 112/8
116/10
Nork [11 ] 1322 23/25 43117 71/6 100/5
106/4 106/16 127/20 136/5 136/8 137/9
Norkable [1] 160/18
Norked [5] 105/6 105/16 106/2 144/15
149/1
Norking [2] 19/20148/24
Norld 1 /
Nor es[1] 33/6
Nould [171]
Nouldn't [171 37/8 3722 39/1 39/2 45/16
60/21 65/8 68/15 78/19 81/24 121 /22
133113 149/5 153/1 153/24 154/12
155/6
Nrap (2] 114/3 114/17
Nrapped [1] 77/10
Nraps [2] 613 6/6
[3] 14/4 14/4 28/22
[1] 40/5
[1] 146/25
c 111 30/1
lard [10] 21/15 37/20 65/9 67/25 69/19
69/20 69/25 71/1 71/2 13617
lards [3] 57/24 104/8 104/10
lea [1] 155/9
/eah [1 6] 3/19 5/5 25/22 30/3 54/15
62124 69/17 74116 102112 108/18 114/2
118125 123125 134/5 145/12 152/7
fear [10] 8/19 46/3 46/4 63/18 105/10
118/22 119/24 125/14 131/23 152/15
/ear -round [1] 119/24
fears [49] 6118 6/24 8/2 8/23 9/4 10/25
1 314 1 617 17/7 19124 25/8 27/22 33/2
3814 40/21 44/5 44/8 45/18 46/12 50/23
51/5 52/2 53/17 60/10 63/19 63/20
88/16 105/6 105/17 105/20 111 /18
112/2 120/19 121/22 126/17128/19
130/17 130/19 131/25 132/2 136/25
145/12 145/15 145/15 145/17 145/17
152/25 15314 157/5
yellow [3] 153/16 153/17 159/11
yes [38] 4/12 19/18 20/5 20/9 20/19
21/20 26/17 28/8 29117 30/14 32/2 32/5
34/10 34/15 43/22 44/3 49/6 55/17 56/5
56119 60/1 62/4 62/11 68/4 68/4 99/22
100/7 101/3 108/6 108/17 114/22 134/4
13516 135/11 149/16 149/19 152/18
158/19
lerday [7] 111/20
[4] 29/19 33/15 47/1 75/13
ling [21 44/25 46/16
22/22 28/10 4118 118/11
you'll [4] 9/20 57/8 71/14 102/25
you're [48] 19/6 19/20 20/20 20/21 21/1
2117 25/6 26/5 28/19 31/25 32/4 33/12
38/14 39/8 40/14 41/15 43/25 45/17
5012 51/1 51/2 51/3 55/24 56/7 59/23
60/7 62/12 63/16 63116 64/4 64/7 65/22
6717 67/18 67/24 71/3 71/9 82/16 104/8
104/15 111/24 113/22 118/4 123/19
125/25 131/5 150/4 152/24
you've [17] 43/4 45/23 45/24 46/24
70/13 71/5 101/5 114/9 114117 124/18
125/23 127/10 127/11 128/18 131 /16
133/22 153/5
young [2] 32/23 124/25
your [79] 212 2/12 2/23 18/5 18/9 18/12
18/18 24/20 26119 28/18 31/8 32/25
33/16 34/19 36/9 36/10 37/4 38/22
39/14 40/17 40117 40/19 41/4 41/5 41/6
41/13 4617 46/13 47/25 48/12 50/8
51/24 58/20 60/2 61/3 67/13 73/5 74/22
74/23 78/19 79/10 79115 81/4 81/16
83/2 84/21 91 /1 5 92122 101/4 1 01 /8
109/5 113/10 114/4 11419 115/12
115/13 11 5/1 7 118/13 119/13 1213/24
122/14 123/6 124/18 126/21 129/10
13017 131118 1 3711 0 137121 137/22
141/24 148/5 149112 1 53114 153/24
155/18 155/19 161/2 161/4
lours [3) 5/13 78/22 79/23
rourself [3] 39/2241/18 61/4
!era [1] 21/19
cone [14] 69/3 69/4 69/6 69/9 7017 70/9
90/21 91/6 91/22 91/25 101/23 120/7
121/10 128/3
toned [3] 26/15 40/16 85/22
toning [28] 13/1717/21 21/14 22/2
25/24 26/10 26/11 40/15 40/17 44/9
44/10 44/23 45/2 57/13 58/13 58/14
67110 72122 84/11 87/16 87117 100/5
128/14 129/7 134/17 137/6 137/11
147/18
room [1] 94/25