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Agenda 09/14/2010 Item # 6G Agenda Item No. 6G September 14, 2010 Page 1 of 6 Office of the County Manager Leo E. Ochs, Jr. . ,..,,,,,..,,.:~.,,: ,"".". ,,- c ....".,..,..":,.."".-.-'..,........~"'"'.'. ""'.0""'"'-", .:".'e~.....''".''.,'...i,'~n.:'-"'..'':''i'.'''. '-','" ,_.",.,....,..,..,.',,....,,,.,,,",., ,c;.:",;,,,,,_'''''' .,:",." ,'''-c- .... .' ,,,' ,-':,"",,"...., ,'c."."'1:~;;.....f.,'.'"', : ,,.. 3301 East Tamiami Trail' Naples Florida 34112. (239) 252-8383' FAX: (239) 252-4010 August 30, 2010 Mr. Richard D. Yovanovich Coleman, Yovanovich and Koester, P.A. Attorneys at Law Northern Trust Bank Building 4001 Tamiami Trail North Suite 300 Naples FL 34103 Re: Public Petition Request E's Country Store at Oil Well Road and Immokalee Road Dear Mr. Yovanovich, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 14, 2010, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building UFO) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ft.L .~- -'l.L--d. / ~~/ Mike Sheffield Assistant to the County Manager MJS:mjb cc: Jeffrey Klatzkow, County Attorney Norman Feder, Division Administrator, Growth Management Nick Casalanguida, Division Deputy Administrator, Growth Management Agenda Item No. 6G September 14, 2010 Page 2 of 6 brock m From: ~ent: To: Subject: Attachments: ochs I Monday, August 30,201012:20 PM brock m FW: fs Country Store/Oil Well Road image.pdf Importance: High FYI -----Original Message----- From: ochs_l Sent: Monday, August 30, 2010 12:19 PM To: SheffieldMichael; Feder_N; CasalanguidaNick Subject: FW: E's Country Store/Oil Well Road Importance: High Gentlemen, The enclosed letter requests a public petition. on 9/14 regarding the referenced subject. Please be prepared to address at that time. thanks -----Original Message----- From: Dianna Shust [mailto:dshust@cyklawfirm.com] Sent: Monday, August 30, 2010 12:05 PM To: ochs_l Cc: Norman Trebilcock; burtatlasfl@aol.com Jubject: E's Country Store/Oil Well Road Attached is the E's Country Store/Oil Well Road letter. Thank you. Dianna Quintanilla Assistant for Richard Yovanovich COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 Tamiami Trail North #300 Naples, Florida 34103 239-435-3535 x 250 239-435-1218 Fax -----Original Message----- From: copien@gcjlaw.com [mailto:copien@gcjlaw.com] Sent: Monday, August 30, 2010 11:42 AM To: Dianna Shust Subject: IMAGE from Internet FAX An image data in PDF format has been attached to this email. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Agenda Item No. 6G September 14, 2010 Page 3 of 6 COLEMAN, Y OV ANOVICH & KOESTER, P .A. ATTORNEYS AT LAW Kevin G. Coleman Richard D. Yovanovich Edmond E. Koester William M. Burke Gregory L. Urbancic Matthew L. Grabinski NORTHERN TRUST BANK BUILDING 4001 Tamiami Trail North Suite 300 Naples, FL 34103 239-435-3535 239-435-1218 Facsimile Linda C. Brinkman Craig D. Grider Matthew M. Jackson Alex R. Figares Jeffrey J. Beihoff Todd M, Rich Writer's Smail: ryovanovich@Cyklawfinn.com Of Counsel: Kenneth R. Johnson August 30, 2010 Leo Oehs, County Manager Collier County 3301 E. Tamiami Trail Harmon Trust Bldg. 2nd Floor Naples, Florida 34112 Via emailleoochs@collierrzov.net RE: E's Country Store at Oil Well Road and ImmokaJee Road Dear Mr. Ochs, Our firm represents E's Country Store located at the southeast comer of the intersection of Oil Well Road and Immokalee Road. E's Country Store has been in existence at this location since 1990 and has been providing food and gas services to the residents in this area for that period of time. E's Country Store has been very involved in the community and has supported the community in many charitable endeavors. The County recently approved the design for the construction of Oil Well Road. In addition the construction contract has been approved and construction has begun on Oil Well Road. The new design eliminates the connection of Valencia Drive to Oil Well Road. In addition the new design prevents westbound traffic on Oil Well Road from having access to E's Country Store. The new design severely impacts the survivability of E's Country Store. The owners of E's Country Store have been very involved with the County in the proposed design of Oil Well Road. The original design for Oil Well Road that was being considered in 2006 required easements from E's Country Store, The owners of E's Country Store expressed their concern regarding access and attempted to work with the County to assure that the access provided to E's Country Store at that time would remain, A draft agreement was prepared and delivered to the County in April 2006. The County did not respond to the draft sent to it. Apparently, the County redesigned Oil Well Road so it would no longer have to negotiate with the owners of E's Country Store. Our clients attended one of the County's information meetings regarding the design of Oil Well Road. At that meeting, Agenda Item No. 6G September 14, 2010 Page 4 of 6 August 18,2010 2 the connection of Valencia Drive to Oil Well Road remained in place. Our clients spoke to a representative of the County and asked if they should get involved in the design process at this time, The County Representatives assured them that it was premature of E's Country Store to get involved in the design. Without any notice to the owners of E's County Store the Valencia Drive connection to Oil Well Road was severed. We understand that the connection of Valencia Drive to Oil Well Road was severed at the request of residents of Orange Tree, The residents were concerned about traffic using their internal roads to avoid the Oil Well Road/lmmokalee Road Intersection. Our clients understand these concems. The design of Oil Well Road includes a eastbound left turn lane for the residents of Waterways at what would have been the intersection of Valencia Drive and Oil Well Road. It appears that County Staff considered the impact of Oil Well Road on most affected p~operty owners but ignored the impact on E's County Store. In an attempt to save its business, our clients have retained a traffic engineer to design a solution that addresses all concerns. We have proposed a solution that would allow access from Oil Well to what would be the approved shopping center in Orange Tree and still prevent Valencia Drive from connecting to Oil Well Road. The proposed connection has been discussed with residents of Orange Tree and the residents support the proposed connection. We began discussing the proposed connection to Oil Well Road with County staff. County Staff required us to meet with the residents of Orange Tree to get their support. We have done so. We were also required to hold a public meeting. The public meeting occurred on August 19, 2010. We believe we have designed a solution that serves everyone's needs and results in better access for the public and addresses Staff's concerns. A copy of the proposed plan is attached. Staff insists that our clients pay for all expenses related to the connection to Oil Well Road and close its current access to Oil Well Road. However, the residents of Waterways were not charged for their access. We believe the County's request that E's Country Store reconnect Valencia Drive to Oil Well Road and shoulder the entire burden of the connection to Oil Well Road is unreasonable and will be cost prohibitive and jeopardize the existence of E's Country Store. During the recent Comprehensive Plan Amendment discussion for Randall Boulevard an existing business owner raised concerns regarding access to his site. The County Commission seemed genuinely concerned that a County project could potentially put the business owner in jeopardy, During the discussion of the Randall Boulevard Comprehensive Plan Amendment the County Staff stated that the changes to the roadway needed to be made regardless of the approval of the Randall Boulevard Comprehensive Plan Amendment and that there were no other reasonable alternatives to provide the property owner access. In this particular case there is a reasonable alternative to continue to prOVide E's Country Store with access to Oil Well Road. This alternative is also consistent with the commitment County Transportation Staff made to the residents of Orange Tree in closing off the connection to Valencia Drive to Oil Well Road. Agenda Item No. 6G September 14, 2010 Page 5 of 6 August 18,2010 3 We have discussed the impact of the new Oil Well Road design on E's Country Store with Commissioner Jim Coletta. Commissioner Coletta recommended that we request a public petition to discuss this matter with the County Commission as soon as possible. We are requesting that the County Commission consider the alternative attached to this letter and we are requesting that the County Commission pay for the access improvements that are external to the shopping center property (Oil Well Road east bound Right Turn Lane, Oil Well Road west bound Left Turn Lane and closure of E's Oil Well Road driveway),. The shopping center property and E's Country Store will pay for the internal improvements to access the new access point on Oil Well Road and the owner of E's Country Store would agree to give up his current driveway access on Oil Well Road and the shopping center owner will provide an easement area for the County to construct the proper cuI de sac at the end of Valencia Drive. Appropriate ROW easements would be granted to Collier County as well. Because Oil Well Road is under construction we are requesting that our public petition be heard at the September 14th County Commission meeting If you have any questions regarding this matter please feel free to contact me. ~CJ~ Richard D. Yovanovich Cc: Burt Eisenbud Bias Elias Nann Trebilcock -- ;;i ~ "- III . . "..:...........:~.. i I I ::; I i i . 1 t.. I ::. ~ I I ~ ; I :.' I L I ~ I ~ : ::J ~.....~:.~:;:~.. .~~;_... ...~...~ " ~-,..... L orOll E7r)f(JHHf ( Agenda Item No. 6G September 14, 2010 Page 6 of 6 ia ~ ..., ~ ~ ~ e ;:t:"" ~~ ""'i:;:: ~% 1::: ~ ~ ~ tB ~ i I . ~ '" ... i!: ~ i .Co '" Ilr i i J;I O~ I