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Ex-parte - McDaniel 11/14/2017
Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. M NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ['Correspondence De-mails ❑Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. 7 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence De-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM 7 SEE FILE ❑Meetings ❑Correspondence [le-mails ❑Call Staff Report Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 ADVERTISED PUBLIC HEARINGS 9.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] 7 NO DISCLOSURE FOR THIS ITEM SEE FILE ►1 Meetings ®Correspondence ®e-mails (—Calls 10-26-17 meeting with Patrick Neale and Michael Manganaro 11/2/17 meeting with Rich Yovanovich and Wayne Arnold 11/6/17 meeting with Rick Carabajal, Pat Howard, Rod Gustafson and Jerry Kelly CONSENT AGENDA 16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons -Tract D Second Replat, Application Number 20170002126. IX NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (/Correspondence fie-mails Calls # t:z District � • District z '' RECEIVED District 3 District 4 AUG 10 2017 District 5 OFFICES OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Collier County Commissions Office 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 We,the property owners of Saturnia Lakes oppose and object the proposal for rezone PUDZ-PL20160001985, Cleary Residential Planned Unit Development(RPUD) located in the vicinity of Immokalee Road and Saturnia Lakes Blvd. The proposed use of the property is for residential and/or group housing for seniors. We urge the Board of County Commissioners to deny the rezone for the following reasons. 1 --The applicant(s)have requested a zoned height of 45-50 feet for group housing; the proposed height exceeds that of all other buildings in the area. Future Land Use Element(FLUE) Policy 5.4 requires new projects to be compatible with and complementary to surrounding land uses.The proposed density and proposed group housing building height of 45-50 feet is significantly larger or higher than the immediately adjacent Saturnia Lakes and other residential developments in the area.We are asking the Board of County Commissioners not to rezone to the proposed RPUD and to keep the density and the height of buildings in the neighborhood similar to residential properties in the community. 2—The applicant(s) have requested a rezone for group housing. Future Land Use Element(FLUE) Policy 5.4 requires new projects to be compatible with and complementary to surrounding land uses. Group Housing use is more similar to an institutional/commercial type of land use than a residential land use which is clearly incompatible with the Saturnia Lakes residential development. In addition, the proposed 200 units of group housing proposed will be immediately adjacent to Saturnia Lakes which would likely impact Saturnia Lake homeowner property values. Please maintain the value of our communities! Saturnia Lakes Homeowner Proposal: The proposed use of the property should be limited to a residential development only. IN ACCORDANCE WITH FLORIDA STATE STATUE PLEASE USE YOUR FLORIDA ADDRESS WHEN SIGNING THIS PETITION. Sincerely, • C4 Cs:%tea }I (signature) / ' u ✓ r? J Saturnia Lakes Homeowner Name (please print): ✓ ttro-it Date: �J / 4 n Saturnia Lakes Homeowner address: x C"f ',5 !G.- eke E ,-nc_ ( l cAtc,f,(e rA. 3v,19 1 Board of Collier County Commissioners Donna Fiala Andy Solis, Esq. Burt L.Saunders Penny Taylor William L.McDaniel,Jr. District 1 District 2 District 3 District 4 District 5 August 10, 2017 Ms. Natale Buonfiglio 2048 Isla de Palma Circle Naples, FL 34119 Dear Ms. Buonfiglio: This will acknowledge receipt of your August 10, 2017 letterl expressing your opposition to the proposed Cleary Residential Planned Unit Development (RPUD) located in the vicinity of Immokalee Road and Saturnia Lakes Boulevard. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate : contact my office. 0 Very ul yours, Will; L. McDaniel, Jr. .4110 Com•• ssioner, District 5 WLM:sf 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 FilsonSue Subject: Patrick Neale, Attorney and Michael Manganaro, President of Saturnia Lakes HOA re Cleary PUD Location: BCC Office Start: Thu 10/26/2017 2:00 PM End: Thu 10/26/2017 2:30 PM Recurrence: (none) Organizer: McDanielBill Hello,Sue- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting,and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Ktukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service(a�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0. Box 9440 Naples, FL 34101-9440 1 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient.you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall. in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm. cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karen)patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein,including any attachments. are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 2 FilsonSue Subject: Rich Yovanovich 435-3535 and Wayne Arnold re Cleary PUD Location: BCC Office Start: Thu 11/2/2017 2:00 PM End: Thu 11/2/2017 2:30 PM Recurrence: (none) Organizer: McDanielBill Dianna Quintanilla y K Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239 435 3535 i F: 233.435.1218 douintanilla(a)cvklawfirm.corn Visit cvklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintonilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson©colliergov.net] Sent:Tuesday, October 10, 2017 11:54 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Any time in afternoon, starting at 1:00 p.m. Does he need 1/2 hour or an hour. From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10,2017 11:46 AM To: FilsonSue< ,,L1> Subject: RE: Meeting Request: Cleary PUD Okay, I had a chance to speak with him just now, he will take November 6th. What time do you prefer? i FilsonSue Subject: Rick Carabajal regarding Cleary PUD 414-364-7425, Pat Howard, Rod Gustafson, and Jerry Kelly Location: BCC Office Start: Mon 11/6/2017 4:00 PM End: Mon 11/6/2017 4:30 PM Recurrence: (none) Organizer: McDanielBill Hi Bill, Thanks for your response on the pending Cleary PUD development. I'm wondering if you might have 15-30 minutes sometime before the November 14 th.hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue,the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors,were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach,maximizing profit dollars on a development without respect to the environmental, safety,zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits,I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal 1 11/14/2017 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD,to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ- PL20160001985] OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and to render a decision regarding the petition; and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 8.99± acre property is currently zoned Rural Agriculture (A). The petitioner proposes to develop a maximum of 63 single-family, townhouse, or multi-family residences, or a maximum of 200 units of senior group housing within a Residential Planned Unit Development(PUD). The proposed maximum density is 7 dwelling units per acre (DU/A). The proposed maximum floor area ratio(FAR)for the senior group housing is 0.60. The Master Plan depicts the area of proposed building, parking, vehicular circulation, water management area, and preserve. The Master Plan also shows that 5.36 acres shall be residential, 1.07 acres shall be preserve, 1.0 acre shall be water management, and 1.56 acres shall be buffers/open space. Depending upon the type of development, a minimum of 30% open space will be provided for group housing and a minimum of 60% open space will be provided for residential development. The petitioner proposes a maximum zoned building height of 30 feet and an actual building height of 40 feet for the single-family residences; a maximum zoned building height of 40 feet and an actual building height of 50 feet for the multi-family residences, and a maximum zoned building height of 45 feet, and an actual building height of 50 feet for the group housing. 3o ><fi• There is a proposed 20-foot wide Type landscape buffer along Immokalee Road. In addition to the existing 15-foot wide Type B landsc e buffer on the Saturnia Lakes property abutting the east property line, there is another proposed - oot wide Type B landscape buffer along the east property line for single-family (and a 30-foot wide Type B buffer for multi-family and group housing). Along approximately half of the south property line is a proposed 15-foot wide Type B landscape buffer and then a proposed preserve area adjacent to Saturnia Lakes. Along the west property line a 10-foot wide Type A landscape buffer is proposed. There is one proposed deviation related to FAR. For further information please see the Deviation Section located on page 13 of the Staff Report. FISCAL IMPACT: The Planned Unit Development Amendment(PUDA)by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. If the PUD is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: Doc ID: 3906 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD, to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ- PL20160001985] Meeting Date: 11/14/2017 Prepared by: Title: Planner,Principal—Zoning Name:Nancy Gundlach 10/12/2017 8:53 AM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 10/12/2017 8:53 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/12/2017 11:35 AM Zoning Michael Bosi Additional Reviewer Completed 10/16/2017 8:46 AM Zoning Ray Bellows Additional Reviewer Completed 10/16/2017 9:03 AM Growth Management Department James French Deputy Department Head Review Completed 10/17/2017 3:59 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/17/2017 4:04 PM County Attorney's Office Scott Stone Additional Reviewer Completed 10/24/2017 9:17 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/24/2017 10:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2017 2:16 PM Budget and Management Office Mark isackson Additional Reviewer Completed 10/25/2017 10:05 AM County Manager's Office Level 4 County Manager Review Pending Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM 11/14/2017 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the Collier County Planning Commission(CCPC)to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20160001985, Cleary RPUD on October 5, 2017. The CCPC voted 4-2 to recommend approval of the petition subject to the following revisions to the PUD Document: - Specify a maximum 35-foot zoned height and a 40-foot actual height for multi-family and/or group housing building located within 50 feet of the east property line. - Specify a minimum 30-foot building setback from the east property line, for a 30-foot Type B landscape buffer. - Once the multi-family or group housing building is located 50 feet from the east property line, maximum 45' zoned and 50' actual height will apply. - Construction standards for multi-family and group housing shall include concrete masonry unit construction, stucco and/or other finishes, and a cement or slate tile roof. - Specify a minimum of 9' ceiling heights. - Specify that the multi-family residences shall not have balconies located adjacent to the east property line. (Senior group housing is allowed to have balconies adjacent to the east property line). - There shall be a concrete paver entrance. - The entrance shall be gated. - The word"platted"shall be removed from footnote 4 of the Development Standards Table. - Notes one and two shall be removed from the Master Plan. - A generator with a 5-day fuel supply and sound attenuation shall be provided. - The construction standards shall state"shall" instead of"may." - Incorporate the Amenity development standards that were introduced at the CCPC hearing into the PUD Document. - Group housing shall be subject to architectural standards in Collier County Land Development Code section(LDC) 5.05.08. The Commissioners who voted to deny the petition did so for the following reasons: - The proposed 50-foot actual height is too tall relative to the existing building heights in Saturnia Lakes. - The proposed Cleary PUD intensity and density is too high and is not transitional related to the existing intensity and density in Saturnia Lakes. - The .60 FAR is too high especially in light of the fact that it does not provide Medicaid beds. The requested .60 FAR is not transitional and the .45 FAR for the group housing would have to provide 150 units of the same size that could have been provided with the .60 FAR at 200 units. In 11/14/2017 10. Legal Ad-Agenda ID 3906 (PDF) 11/14/2017 addition, by not including any Medicaid beds for the higher FAR,they have not met a basic public service need,and thus it is not justified. Letters of objection have been received. Therefore,this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is a site-specific rezone from a Rural Agricultural Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cleary RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone,to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas,traffic and access, drainage, sewer,water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring the adequacy of available improvements and facilities,both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or 11/14/2017 projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Staff concurs with the approval recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDZ-PL20160001985, Cleary RPUD subject to the conditions listed under CCPC recommendation, as described in the attached Ordinance. Prepared by: Nancy Gundlach,AICP,PLA, Zoning Division ATTACHMENT(S) 1. Staff Report-PUDZ-PL20160001985-Cleary RPUD (PDF) 2.Ordinance- 101917(1) (PDF) 3.Location Map (PDF) 4.Master Plan 10-11-17 (PDF) 5.Future Land Use Element(FLUE Consistency Review 8-24-17 (DOCX) 6. [Linked]NIM Transcript Cleary RPUD (PDF) 7.Letter of Objection from Patrick Neal 9-29-17 signed (PDF) 8. [Linked] Signed 202 Letters of Objection—Saturnia Lakes—Sept 21 2017 (PDF) 9. [Linked] Application for Cleary PUD (PDF) N IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY 20'WIDE TYPE'D'LANDSCAPE BUFFER I — 1 0 so. too — — — — .. _ SCALE:1"=100' �. --1 �r �rrrir.(r1 - r --- - - rr r rrr r r r r rr rrr rrr rrr I ' TRACT"OS15' I I ( (// r J r f r J rl r f r I I (OPEN SPACE, WATER MANAGEMENT ( 11 D.E.AND AE)) , I;r rrf rrf rrf rI rrf rrr1 � I I� POTENTIAL II rr// // rr// // rr rr INTERCONNECTION rr rr rr rr rr rr rr//rrr rrr rrr rrr I ; SATURNIA LAKES , _/__. L -L� 1 I i 15 L.B.E. 30'RIGHT-OF-WAY EASEMENT I __ 1 �%/ (OR 111,PG 129) I CONCEPTUAL _ I ;/ TO BE VACATED RESIDENTIAL L BUILDING I iI II II ( I I I I I I I ' I � 15'WIDE ITYPE'B' -I En PUD BOUNDARY LANDSCAPE I I > � \ BUFFER I X •-i� 1 D - � ZONED:AI to? RIGAS PUD UNDEVELOPED I I i1 w m 9' RESIDENTIAL CONCEPTUAL I I I cob:, m I RESIDENTIAL I 00 a BUILDING I I I 3 2 I o m I 10'WIDE TYPE I'A' I LANDSCAPE BUFFER I I I I 1 SITE DATA I I I TOTAL SITE AREA: 8.99±AC i I I RESIDENTIAL 5.36±AC _ CONCEPTUAL I PRESERVE 1.27±AC RESIDENTIAL BUILDING I 1 WATER MANAGEMENT 1.0±AC I BUFFERS/OPEN SPACE 1.36±AC 11 1 MAXIMUM DWELLING UNITS: 65 - I 11 MAXIMUM GROUP HOUSING UNITS: 200 I 30 RIG(OHTR�W7,PG 2181)SEMENT MAXIMUM DENSITY: 7 DU/AC TO BE VACATED I l I l PRESERVE: I \ REQUIRED-1.27±ACRES(8.46±ACRES NATIVE - .I \ VEGETATION X 15%) PROVIDED-1.27±ACRES ,iiLL N W LL I OPEN SPACE: REQUIRED PROVIDED s a W 15'L.B.E. RESIDENTIAL: 5.4±AC(60%) 5.4±AC(60%) - y w 3tw W `P S'Fmf V�y ' GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%) ' W p. - W - - - - o� l l NOTES = _ I 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS RIGAS PUD I. SUBJECT TO MINOR MODIFICATION DUE TO RESIDENTIAL 11 AGENCY PERMITTING REQUIREMENTS. I SATURNIA LAKES PLAT ONE 2. ALL ACREAGES, EXCEPT PRESERVE, ARE11 (PB 36,PG 56-65) APPROXIMATE AND SUBJECT TO MODIFICATION ‘ I AT THE TIME OF SDP OR PLAT APPROVAL IN TRACT"OSIS" (OPEN SPACE. ACCORDANCE WITH THE LDC. D.E.AND A.E.) 1 3. THE EXISTING PRESERVES WILL MEET BUFFER 1 I REQUIREMENTS AFTER EXOTICS ARE REMOVED. 11 LEGEND CLEARY RPUD Malt ®GCadyMinor ''''"--!,=`;:,` ti =" REVISED EXHIBIT C 05/08/2017 OMI Engineers . Land Surveyors - Planners . IaoM1uape Architects MASTER PLAN ' bac.c1 ICI.0020B CM ccaHr m"u :aas�sa7.I,u•.•"•..000s,s, "".f". "nom:aaa.seo.aaeo SHUT,A dOF I l,.....,n-V9 S'/&MI1W*Nni-EJE EOVuwa-num wwnnry nF/ac pvnlmm0lnn]44M3 s\wet FnW,C 1.9,2 VV.,ai w irl „ed..-N.-- —, 1 R , E i › f z 1 : q M t 1 1 r) M _ n := 1 ,-, >o I s A 8 o;41 m 0 v 4/1 0 -'' ig 11 IN ii ,,i., 1 ,.... 1 1 • , a • - - .... N RI gl,.1 .1 , N 11 m cr,, Z 2- 011 r Mil LOGARBOULEVARD LOGANSOULEVARD , I . 1 mil 4 . . i ell , .., 11-----11 1 i .. , 1 w , i 1 Et 1..„--- -- 1 e 11 A tl , Mil * Bi id co . o . z g 1 1 N 11 , , , .›q I F. m 1 li Nil 'II' . I MI , , p3 o . < gil 1 1 i 1 1 > > 1 1 3 X gliI . —1 I @I 1 m li I m 1 . gill > ' 0 n ' 1 1 0 > i0 q i 1 1 U 441 4 4 , -- . FilsonSue � '. From: FilsonSue on behalf of McDanielBill Sent: Wednesday, November 8, 2017 10:24 AM To: 'JOHN HART' Subject: RE: Cleary PUD Mr. & Mrs. Hart, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From:JOHN HART[mailto:kkhjjh@me.com] Sent:Wednesday, November 8,2017 8:49 AM To: McDanielBill<BillMcDaniel@colliergov.net> Subject:Cleary PUD Our opposition to the development of the Cleary property on Immokalee Road is in the proposed height of 50 feet which will tower over all our surrounding homes in the Saturnia Lakes community. The planned preserve buffer has been demolished by Hurricane Irma. The building will be out of place as there aren't any buildings of that height east of 175 all the way to 951 and beyond (except church steeples). The proposed new shopping center at the corner of Immokalee Road and Logan Blvd.will not be near 50 feet high. It also opens up the idea of another builder putting a similar structure on the adjoining Walker property. We all know that the Cleary property will be developed but we strongly disagree as to the height and it will run the length of our whole entrance roadway. It should blend in with all the surrounding homes in the Saturnia Lakes and Old Cypress corridor. Please hear our appeal and deny the 50 foot building that will completely change our beautiful community. Kay and John Hart 2330 Butterfly Palm Drive Naples, FL 34119 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 31, 2017 10:27 AM To: 'rick carabajal' Subject: RE: CLEARY PUD help needed reply That is okay but I'll need every name—this is an quasi judicial item which means the commissioner has to declare ex parte (announce all meetings, phone calls, emails, etc. for public record). Also, please provide your phone number in case I need to make changes. sue From: rick carabajal [mailto:rickcarabajal@yahoo.com] Sent:Tuesday, October 31, 2017 10:20 AM To: McDanielBill<BilIMcDaniel@colliergov.net> Subject: Re: CLEARY PUD help needed reply Hi Sue, Thanks for the response, tentatively, I'll take the November 6th for 30 minutes at 3:00p.m. I was thinking having about 4-5 individuals at most who could represent there their findings so the Commissioner has a broad sampling of issues and concerns the area communities have with respect to this potential project as it is currently presented. Is 4-5 people to many? Rick From: McDanielBill <BilIMcDaniel(c�colliergov.net> To: rick carabajal <rickcarabajal at7yahoo.com> Sent: Tuesday, October 31, 2017 9:11 AM Subject: RE: CLEARY PUD help needed reply Mr. Carabajal, I can schedule you to meet with the commissioner on November 6th for 30 minutes at 3:00 p.m. You will need to let me know the names of everyone that will be present. Sue Filson, Aide to William L. McDaniel, Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: 1 From: rick carabajal [mailto:rickcarabaialyahoo.coml Sent: Tuesday, October 31, 2017 10:04 AM To: McDanielBill <BillMcDanielcolliergov.net> Subject: CLEARY PUD help needed reply Hi Bill, Thanks for your response on the pending Cleary PUD development. I'm wondering if you might have 15-30 minutes sometime before the November 14 th. hearing where we might have a chance to personally meet and discuss 5 specific concerns regarding the Cleary PUD development to be voted on at the November hearing. After canvasing the surrounding areas including various community developments in and around Immokalee Road and Logan Avenue, the immediate area which could be directly affected by their development. This is also in addition to the commercial development taking palace in the immediate area by GL Homes. GL Homes took a different approach and met with its potential new neighbors, were sensitive to neighbors needs and concerns and the long term effects that would result to the developed area. GL Homes made sure all issues were considered and agreed upon as opposed to the Cleary PUD approach, maximizing profit dollars on a development without respect to the environmental, safety, zoning, consideration of existing neighbors and the consistency of what is and will be built in the future to maintain a safe consistent community landscape. I'm not convinced the Cleary PUD development proposal is in the immediate communities or Collier County's best interest if it is to proceed with as planned and would like to share my concerns along with three other individuals who have also done extensive research on the proposal with you if possible. Please let me know what your schedule permits, I'll try calling you this afternoon if I don"t hear back from the email. I look forward to hearing from you. I appreciate your attention to this important matter. Sincerely, Rick Carabajal Under Florida ira4'V, e-ruali addresses are pu lic records. It you do not want your -mail auFuress released iii response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CLEARY DEVELOPMENT • On 9 acres the developer is asking for a change in density of.6 allowing 150 units of senior/assisted living to a .45 density allowing 200 units. The community of Saturnia Lakes has 580 units with a density of .3. Across the street the Olde Cypress community has 1,100 units with a density of .2+. • Saturnia Lakes has only single family homes and this project is asking for a height allowance of 40-50 feet. With it's proximity to Saturnia Grande Blvd this will impact views, privacy and potential return on investment. • A shopping center is planned nearby at the corner of Logan and Immokalee. The shopping center has a 30,000 sq ft grocery store, space for 7 restaurants and 15 other retail spaces ranging from 1,250-8,000 square ft. The planned building height is between 18-22 feet. This has the potential to generate a high volume of traffic in a very congested area. • Combined, the three properties would have 3 entrances/exits within 0.2 miles between Logan and the entrance to Saturnia Lakes. Increasing traffic on an already heavily trafficked road. • The only entrance/exit for the Cleary Development and Heritage Greens is on Immokalee Rd which requires a u-turn to head West increasing the potential for motor vehicle accidents. • The 9 acres designated for the Cleary Development is already flood prone and with the surface hardening the risk for flooding increases. Both Saturnia Lakes and Heritage Greens had major failures of the sewer system with hurricane Irma. Saturnia Lakes residents were unable to use bathrooms and Heritage Greens had raw sewage on the streets. The flooding also increased the length of time the communities were without electricity. • Any zoning change should either benefit or compliment the adjacent community. This project does neither. • The requested change does not address the issue of inadequate beds/residences for affordable housing for seniors or people on medicaid. The need to staff an assisted living facility and lack of affordable housing will increase the number of workers commuting from outside Collier County adding to an already burdened traffic problem on local roads and 1-75. • The average cost for assisted living in Collier is $4,500 a month, extras excluded. This cost is out of reach for many of our senior citizens who wish to remain in a community where they have developed strong ties. • We believe this project places an undue burden on the surrounding communities, and Saturnia Lakes in particular, without benefit to the larger Collier Community. • We are not against any development on the site. We would support a community with a reasonable number of single family homes or a low rise apartment/condo complex. FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, November 13, 2017 7:38 AM To: 'Mary Anne Guarino' Subject: RE: Cleary Project Ms. Guarino, This will acknowledge receipt of your November 12, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 W 'age` WEB PAGE: From: Mary Anne Guarino [mailto:maryanneguarino@gmail.com] Sent:Sunday, November 12, 2017 11:26 AM To: McDanielBill<BilIMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. McDaniel, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th,where all of the Saturnia residents, except two, one being our lawyer Patrick Neale, were shocked to hear that our HOA president had signed an agreement,without holding a board meeting with the residents,with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end,our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. I do not want to take up a lot of your time but there are several concerns we have concerning this project. 1 The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition,we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way, which will now be lost forever.A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, November 13, 2017 7:19 AM To: 'MaryAnne Guarino' Subject: RE: Cleary Project Mr. Guarino, This will acknowledge receipt of your November 12, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. gett William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 Weie WEB PAGE: .. From: MaryAnne Guarino [mailto:jfmcgo@comcast.net] Sent:Sunday, November 12, 2017 11:23 AM To: McDanielBill<BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. McDaniel, I am a Saturnia Lakes resident who would like to voice my objection to the Cleary Development plan as I understand it to stand at this time. I did attend the Planning Commission meeting of October 5th, where all of the Saturnia residents, except two,one being our lawyer Patrick Neale,were shocked to hear that our HOA president had signed an agreement,without holding a board meeting with the residents,with Cleary. This agreement was not in the best interest of Saturnia Lakes residents. Thee Cleary Project which will result in the construction of a five story building up to 50 feet tall on the property that borders our entrance to Saturnia, only feet away from our main entrance and certain residential streets in Saturnia Lakes.This project is scheduled to go before the Collier County Commissioners for a final hearing on Tuesday, November 14th. Many Saturnia residents attended the October 5th planning commission meeting on the Cleary project with a goal of persuading the commissioners not to endorse the project. In the end, our efforts fell short by one vote for a tie. Both the chairman and the vice-chairman voted against this project as it was presented by the developer. 1 I do not want to take up a lot of your time but there are several concerns we have concerning this project. The proposed structure will be 50 feet tall with parking, dumpsters, generators, etc. almost in the backyard of some Saturnia residents. Cleary stated that the tree lined Saturnia will block a lot of this view and noise, but it will not. After Hurricane Irma, a good portion of the tree line is gone. In addition to the height of this building, Saturnia has a concern about traffic since there will be an entrance and exit only feet away from our entrance and exit. Since there is currently a U-turn option here on an already busy street, Immokalee Road, and we are soon to have a shopping/restaurant mall just feet away from both entrances on the corner of Logan and Immokalee,this situation has a potential for many accidents. In addition, we have school buses twice a day entering and exiting our main entrance which could also cause traffic issues since the two entrances will now be only feet apart form each other. Another main concern is water drainage. During the last rainy season and Hurricane Irma, our lakes and preserves were at capacity. I have no actual knowledge of water drainage issues, but I cannot imagine where all the standing water will run once this large facility is built. If you speak to most of Saturnia residents,they would tell you that one of the reasons they settled here was because of the beautiful landscaping throughout the development, especially our entrance way, which will now be lost forever. A 50 foot structure and parking lot in our backyards is not what we ever expected. Thank you for your time, Mary Anne Guarino 2072 Isla De Palma Circle 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 31, 2017 12:46 PM To: 'David Marin' Subject: RE: Opposition to Cleary CFPUD PL20160001985 Mr. Marin, This will acknowledge receipt of your October 31, 2017 email and the additional information regarding the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will give due consideration to this informaiton when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the futurelease do not hesitate to contact myoffice. p William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111 Pgge WEB PAGE: From: David Marin[mailto:dwmarin@optonline_net]. Sent:Tuesday, October 31, 2017 12:37 PM To:SaundersBurt<BurtSaunders@colliergov.net> Cc: FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>;TaylorPenny <PennyTaylor@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net> Subject: Re: Opposition to Cleary CFPUD PL20160001985 Mr. Saunders & Commissioners, Just one more quick note following up on my previous 10/27 email (below) re: the 11/14 BCC meeting on the Cleary PUD (PL20160001985) In the October 25th public hearing notice regarding this meeting (see pdf attached) the "63 residential dwelling units" continues to remain an option acceptable to Mr. Cleary. As this option is also acceptable to the majority of Saturnia Lakes residents I suggest the Board grant Mr. Cleary approval for his desired 63 residential dwelling units vs the much taller& larger 200 bed group housing structure Saturnia Lakes residents oppose. Thank you, Dave Marin 1 On Oct 27, 2017, at 9:15 AM, David Marin <dwinarin(i optonline.net>wrote: October 26, 2017 Mr. Burt Saunders Collier County Commissioner, District 3 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Mr. Saunders, la€TMm writing as a resident of Saturnia Lakes to oppose the planned size and scope of Planning Project Application Number: PL20160001985 a€oeCleary PUDa€. This proposed project is being presented at your November 14th meeting. Below la€TMve summarized my arguments: Proposed Height of 50 Feet for 200 unit building The proposed height of this development is not in keeping in character with the local community, as it will be, at 50 feet, the tallest building on Immokalee east of 175. In the 8/24/16 a€cePre-Application Meeting Notesa€#1 handwritten note says- a€ceAddress compliance with FLUE designation; FLUE policy 5.4 (a€cerequires new land uses to be compatible with surrounding areas€); FLUE objective 7 (a€ceadhere to the existing development character of Collier Countya€and its applicable supporting policiesa€ (such as developments provide a€cea range of housing prices and typesa€)) Cleary argues that the Saturnia Lakes (Regis PUD) community is already zoned for 50 feet, so Cleary requesting 50 feet is in line with FLUE 5.4. However, although zoned for 50 feet, Saturnia is only built up to a maximum of single family 2 story homes (guestimate 30 feet). This became a a€oesemanticsa€ discussion at the 10/5 planning board meeting - should Cleary be compared to the zoned height or actual height of Saturnia Lakes? The Countya€TMs Planning Zoning Director, Mike Bosi, stated that this rule was open to interpretation by the board. Saturnia asks the BCC to compare Cleary to the a€cecomparablea€ existing height (and a€oecommunity characters€) of Saturnia and not the zoned height. (Commissioner Mark Strain agreed it should be comparable height.) No similar sized (130-200 beds) Collier County Assisted Living/Retirement facility is as close to a residential community as Cleary will abut Saturnia Lakes Using the Agency for Healthcare Administrations€TMs Assisted Living Directory for Collier County I compared the largest ALRs (130-200 beds) to their proximity to local residential communities. Unlike Clearya€TMs proximity to Saturnia Lakes, ALL are a significant distance away from other communities as indicated by satellite photos using Google Maps. See attached PowerPoint PDF document Cleary is a a€oeQuasi-Commerciale€ Development Cleary is asking the board to jump several steps from currently zoned Agricultural to a€ceQuasi Commerciale€. In Principal Planner, Growth Management Departments€TMs Nancy Gundlacha€TMs 8/2/17 a€oethird review of the Cleary PUDa€ rezone letter to Wayne Arnold (Grady Minor &Associates) and Richard Yovanovich (Coleman, Yovanovich and Koester, P.A.) she states a€ceThis PUD contains quasi commercial uses (ALF and CCRC) and residential uses. Therefore, it is a CFPUD, not a RPUDa€ I ask the BCC to draw a line in the sand and not allow for such a tall a€cequasi commercials€ structure to set a precedent in our immediate community. 63 townhomes have never been taken off the table Clearya€TMs Description of Work states: a€ceProposed rezone from the a€ceAa€ Zoning District to RPUD to allow for group housing for seniors and/or residential dwelling unitsa€ ALL of Clearya€TMs correspondence with the County includes his request for a€ceA maximum development density of 63 (formerly 65) residential dwelling units or 200 units of group housing for seniorsa€ (8/27/17 PUD exhibit from the Cleary a€cePlanning Application Statusa€website) I believe Saturnia Lakes residents would welcome this option, and make for an easy BCC compromise - if its€TMs good enough for Mr. Cleary to have proposed this option from day one, Saturnia would not oppose this low-rise option. Is there really a need for 200 additional assisted living beds in Naples? NO! Cleary lawyers try to argue, with the aging baby boomer generation, the obvious need for additional assisted living type of facilities. However, due to a€ceturnovera€ at such facilities, the current number of beds (1765 in 24 facilities per AHCA Assisted Living Directory) in Collier County is not maxed out and there is currently no waiting for space in the largest ALRs: Terracina Grand - space available Brookdale North Naples - studio available (independant living) Tuscany Villa of Naples - space available Barrington Terrace - space available Bentley Village - space available Bradford Square - space available CCPC Chair Mark Strain was one of two a€ceNoa€ votes At the 10/5 Cleary planning meeting Chair Mark Strain felt a) Clearya€TMs proposal option for the 200 beds ALF/CCRC should really only be zoned for 150 beds, and b) the 63 residential dwelling units should really only be 45 - I believe he felt in both cases this was due to the standard .45 FAR. Reducing the 200 units to 150 would also reduce by 25% all support staff associated with care at the facility. Mr. Saunders, based on these arguments I request you and the other members of the Board reject Mr. Clearya€TMs request for such a large structure so close to our Saturnia Lakes community, and instead approve his smaller scale 63 townhomes option. Thank you, Dave Marin 2403 Butterfly Palm Dr. Naples, FL 34119 914-413-2351 Cc: Donna Fiala Andy Solis Penny Taylor William McDaniel, Jr. <Naples Assisted Living Bldgs.pdt> oft 40 .4 >Ad Proof ::,--Napirs B .. .crutss Sales Rep:Mereida Cardenas(N9103) Phone: Email: —11112=11111111111111 —7111111=111111P Date:10/20/17 This is a proof of your ad scheduled to run on the dates indicated below. 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Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. I 11111111.111111r 1 I agree this ad is accurate and as ordered NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the 1 Collier County Board of County Commissioners on November 14,2017,in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting I will commence at 9:00 A.M. The title of the proposed Ordinance s is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIERCOUNTY,FLORIDAAMENDINGORDINANCENUMBER2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CLEARY RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 63 RESIDENTIAL DWELLING UNITS OR 200 GROUP HOUSING UNITS FOR SENIORS 1 ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,CONSISTING OF 8.99±ACRES.[PUDZ-PL20160001985] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and i therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you area person with adisabilitywho needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) October 25,2017 No.1798675 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 30, 2017 7:40 AM To: 'KATHY MILLER' Subject: RE: Cleary property Ms. Miller, This will acknowledge receipt of your October 13, 2017 email expressing your concerns to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From: KATHY MILLER [mailto:cjmsmom@comcast_netj Sent:Sunday, October 29, 2017 4:29 PM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: Cleary property I'm sure that you have heard from many residents of Saturnia Lakes regarding the Clearly development and there are many concerns. My main concern is being able to safely enter and exit the property. We have been told that traffic is not a problem and a traffic signal cannot be installed at the Logan exit. It is already difficult to make a left turn onto Logan Blvd. during rush hour and once the shopping center is built on the corner of Immokalee and Logan, we know that will make it worse. When the Cleary development is built, there will be easily a couple of hundred more vehicles to navigate the roads. I assume that the majority of the residents there would exit onto Immokalee and make a u-turn the majority of the time to head west and with the volume of traffic, there is no safe way to do that. Please put yourself in our position and think about how this will jeopardize our safety. We realize that something will be built on this property, but could it be something that would create less hazardous conditions? Thank you for your consideration. 1 Kathy Miller 2430 Butterfly Palm Drive 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 30, 2017 7:26 AM To: 'David Opland' Subject: RE: Objections to Cleary PUD Mr. & Mrs. Opland, This will acknowledge receipt of your October 28, 2017 email supporting the modifications to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Feet William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 VC.Page.;.. WEB PAGE: From: David Opland [mailto:martiandust@gmail.com]. Sent:Saturday, October 28, 2017 1:40 PM To: McDanielBill<BillMcDaniel@colliergov.net> Subject: Objections to Cleary PUD Commissioner McDaniel, We are asking you to support modifications to the Cleary PUD to ensure the development is consistent with existing nearby residential communities with reasonable density, building height, and setback restrictions. Planning Commissioner Chair Mark Strain and Secretary Diane Ebert objected to the Cleary PUD for reasons noted in our attached letter to you. Please consider their concerns, which mirror our objections, and bring about needed changes to the Cleary PUD. We agree the land owner has the right to develop this property. The Clearly Development Group has regulatory approval for a single-family residential development, which we would welcome. Unfortunately, they have the chosen the development option having the most undesirable neighborhood effects. Many people in our Saturnia Lakes community share these same concerns and object to the Cleary PUD. Please help us. Respectfully, David and Mary Opland martiandust@gmail.com 2 Mary M. Optand David A .1 d 1512 Pacaya Cove • Naples, Florida 34119 Phone: 239-777-1220 • E-Mail: martiandust®gmail.com Date: October 28, 2017 William L. McDaniel, Jr. Board of Collier County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Regarding: PUDZ-PL20160001985 Dear Commissioner McDaniel: We are homeowners and year-round residents of the Saturnia Lakes Community, which is comprised of 580 single-family residences in a resort style development. Our main entrance was designed by the developer G.L. Homes (GLH) to enhance the aesthetics of our community as a beautifully landscaped boulevard about a quarter mile long south of Immokalee Road. This road is a high point in our community as the roadbed is about 15 feet above the surrounding land. Had the abutting land to the west been available to GLH, it would have been developed to mirror the one and two story homes to the east and south. Today the developer of this adjoining land known as the Cleary Development Group (CDG) is proposing to construct several four-story buildings to a height of 50 feet above grade. This grade could be and will likely be an additional 15 feet or so above the present grade to match the grade of the entrance road to Saturnia Lakes. While zoning allows building to a height of 50 feet, GLH limited the height to 35 feet within Saturnia Lakes. CDG asserts Saturnia Lakes properties could be redeveloped at the 50-foot level so that is the building height that should be permitted. That assertion simply will not happen because Saturnia Lakes was developed approximately ten to fifteen years ago with hundreds of single-family homes each on its own lot and fully developed at an actual maximum height of two stories. As such, the CDG Project or any future adjoining land development should be limited to the same 35-foot height because of the negative neighborhood effects not only to Saturnia Lakes but other nearby residential properties. We are not suggesting the CDG be prevented from developing the Cleary parcel. We only ask that the development be consistent with existing nearby residential development with reasonable density and building height restrictions. There are three development options in place for CDG including single-family homes, multi-family housing, or a senior care complex. Unfortunately, CDG has apparently rejected the option to develop the land as a single-family residential community, which is compatible with adjacent land use. Instead, CDG is pursuing Page 2 the development with the highest population density and most imposing structures, which is inconsistent with existing residential developments such the Saturnia Lakes and Heritage Greens communities. We also think the third option has a business purpose closer to a commercial enterprise than residential. On October 5, 2017, the Collier County Planning Commission considered changing the zoning classification of the real estate to be developed by CDG from a Rural Agricultural zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors. The vote was split with four ayes and two nays. Chair Mark Strain objected to the Cleary RPUD as proposed saying, "I will not support motion of approval for the following reasons. I think the height across the board is too high at 50 feet. I think the project is supposed to be transitional. Now compatibility is one thing, making it transitional is another. You don't double the density and increase the height to this magnitude next door to a project, especially when it's not an activity center. So I don't think the height is justified". He went on to say, "I believe that the density for the ALF is too high. It should not be given 0.60, especially since they won't look at a higher public purpose to gain that additional density. But at 0.45, 150 units are relevant in ratio to that. I think the density for the dwelling units is too high at seven units per acre. I think it should be five, which is 0.45 and more compatible and transitional from Saturnia Lakes". Secretary Diane Ebert and our District 3 representative also objected to the Cleary RPUD saying, "I also will not support. The transition is too great. I worry about the property next door going into the same thing". For your information, a similar sized undeveloped real estate parcel adjoins the Cleary RPUD to the west. At the meeting, the planning commissioners were told by a representative of Mike Manganaro, president of the Saturnia Lakes Homeowners Association (the "HOA"), the Cleary RPUD had complete support of the HOA. That statement is incorrect at best and perhaps misleading. The truth is Mike Manganaro, in conjunction with one or two other homeowners, entered into an agreement with CDG with only minor modifications to the Cleary RPUD. They did this without consulting the entire HOA board of directors. Furthermore, there was no communication of this agreement to the HOA residents until those present at the Planning Commission meeting heard it for the first time. Please note that Mike Manganaro was appointed and not elected to the HOA board of directors. In addition, Mr. Manganaro is presently subject to recall pursuant to Florida Statutes, section 720.303(10) for breaching his fiduciary responsibility. We assert that Mike Manganaro is not a voice for the people comprising the HOA and does not truly represent the best interests of the Saturnia Lakes community. Page 3 Please consider our petition to you and the rest of the Collier County Commissioners for modification of the Cleary RPUD reducing density and building height. Our neighbors and we would be most appreciative of your support. Sincerely, Y 22,4,44 . Mary M. Opland David A. Opland FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 24, 2017 11:16 AM To: 'Mary Ellen Gustafson' Subject: RE: Saturnia Lakes and the Cleary Development Project Mr. Gustafson, This will acknowledge receipt of your October 24, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Fell William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 Well Page' WEB PAGE: From: Mary Ellen Gustafson [mailto:megustafson@yahoo.comj Sent:Tuesday, October 24, 2017 10:59 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject:Saturnia Lakes and the Cleary Development Project Dear Mr. McDaniel: I live in Saturnia Lakes and Cleary Development is planning to build a development next to our community. Our Board President hired an attorney and made an agreement with Cleary without the knowledge and approval of the 580 residents of Saturnia Lakes. We strongly urge you to vote"NO" on this project. Listed below are some of the reasons to vote "NO". 1. It will drastically change the look of this residential area -- building a 50' building. 2. There are over 20 single family home communities that surround this Cleary project. 3. Cleary Development wants to build a 200 bed facility--the land density only allows for a 150 bed facility. 4. Originally Cleary told our residents they were building a single family home community. 1 5. This project will create dangerous traffic problems. Please vote "NO"for this Cleary Development project. Thank you for taking time in your busy schedule. Sincerely, Rod Gustafson 239-596-7339 (home) 239-248-7301 (cell) 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 24, 2017 11:17 AM To: 'rick carabajal' Subject: RE: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Mr. Carabajal, This will acknowledge receipt of your October 24, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 :age-- WEB PAGE: From: rick carabajal [mailto:rickcarabajal@yahoo.comj. Sent:Tuesday, October 24, 2017 10:51 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: CLEARY DEVELOPMENT OPPOSITION HELP REQUEST Dear Bill, My name is Rick Carabajal I live at 1599 Triangle Palm Ter. Naples FL 34119. I am opposed to the Cleary PUD Proposed Development on Immokalee Road just east of Logan Ave. There are numerous issues and concerns including: Environmental, safety, traffic, and rezoning are a few issues as to why I'm opposed to the development along with the nonconformance and misrepresentation as to what would be and what was proposed to the County Commissioners. I will follow up with a phone call to you in several days in an attempt to set up a meeting were myself and four other individuals, who have spoken to over 300 residents in the immediate area with similar concerns. We hope to have the opportunity to meet with you to discuss this proposal before you announce a formal position on this issue. Thank you for your time and consideration. Sincerely, 1 FilsonSue From: FilsonSue Sent: Wednesday, October 25, 2017 11:49 AM To: Karen Klukiewicz Subject: RE: Requesting Meeting - Cleary PUD Hi Karen,this will confirm that I have scheduled an appt for Thursday, October 26th at 2:00 p.m. for Patrick Neale and Michael Manganaro regarding Cleary PUD to be held in Commissioner McDaniel's office located at 3299 E. Tamiami Trail, Building F, 3rd Floor, Suite 303. Please let me know if you require additional information. Sue From: Karen Klukiewicz [mailto:karen@patrickneale.com] Sent:Wednesday, October 25, 2017 11:44 AM To: FilsonSue<SueFilson@colliergov.net> Cc: Patrick Neale<pneale@patrickneale.com>; mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting-Cleary PUD Sue— We'll take 2:00 tomorrow. Please confirm meeting location. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karen aApatrickneale.com Email Servicing: email-service(a�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. 0, Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the 1 intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein. including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials, From: FilsonSue [mailto:SueFilson@colliergov.netj Sent:Wednesday,October 25,2017 11:43 AM To: Karen Klukiewicz<karen@patrickneale.com> Subject: RE: Requesting Meeting-Cleary PUD 10:00, 11:00, 1:00, or 2:00 From: Karen Klukiewicz [mailto:karen@patrickneale.coml Sent:Wednesday, October 25, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Cc: Patrick Neale<pneale@patrickneale.com>;mmanganaroatsaturnia@gmail.com Subject: RE: Requesting Meeting-Cleary PUD Sue— Please let me know what the Commissioner has available for tomorrow and we will do our best to make it happen. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service(c�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office- 950 ffice950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party.that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, 2 cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent:Wednesday, October 25,2017 11:39 AM To: Karen Klukiewicz<karen@patrickneale.com> Subject: RE: Requesting Meeting-Cleary PUD Hi Karen, unfortunately Commissioner McDaniel does not have any available appointments unless they want to come in tomorrow. Sue From: karen@patrickneale.com [mailto:karen@patrickneale.com] Sent:Wednesday,October 25,2017 11:16 AM To: FilsonSue<SueFilson@colliergov.net> Cc: pneale@patrickneale.com; judi@patrickneale.com Subject: Registered: Requesting Meeting-Cleary PUD REGISTERED EMAIL Mail CERTIFIED DELIVERY, CONTENT& TIME This is a Registered Email- message from Karen Klukiewicz. Hello,Sue- Attorney Patrick Neale would like to bring Mr. Michael Manganaro, President of the Saturnia Lakes HOA,to discuss the Cleary PUD with the Commissioner. This is an agenda item for the November 14 BCC meeting. I can suggest the following times: - November 7—before 3 pm - November 8—morning - November 10—all day Please let me know when we can set up this meeting,and the Commissioner's preferred location. If you prefer,feel free to give me a call at 239-642-1485. Thank-you in advance for your assistance! Best regards, Karen Kiukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karenpatrickneale.com Email Servicing: email-service(a�patrickneale.com 3 www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s) named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax:239-642-1487 Email: karen@patrickneale.com Email Servicing: email-servicepatrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney- client privilege. If the reader of this message is not the intended recipient,or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself,create an attorney- client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein. including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 4 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Friday, October 20, 2017 10:50 AM To: 'Barbara Morley' Subject: RE: RPUD CLEARY SITE - Immokalee Road Mr. Morley, This will acknowledge receipt of your October 20, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Vete William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 1111 WEB PAGE: — From:Barbara Morley [malltQ:bjmorley2@gmall_com.j Sent: Friday, October 20,2017 10:46 AM Subject: RPUD CLEARY SITE- Immokalee Road Allow me to introduce myself. I am Barbara Morley,a resident and owner at Saturnia Lakes the community immediately to the East of the Cleary property. I am opposed to the second option Cleary has recently put forward. Cleary's original proposal "Option One"to developed a gated community of 63 individual houses, is completely in keeping with all developments fronting Immokalee. Their newly proposed second option, if approved,would allow them to build a 50'tall, two hundred multi unit building on this site. I am opposed to option two for the following reasons; • At the Planning Meeting held in October the Cleary representatives,under oath during the rebuttal period, stated that a 50' high building is appropriate for this site as buildings of this height exist within a 2 1/2 mile radius of the Cleary site. This is not true. I'm enclosing aerial views of Immokalee Road,East and West of the Cleary site and there are no buildings greater than two stories within a 2 I/2 mile radius. • As you are aware,West of the Cleary property is another long,narrow 9 acre site similar to the Cleary land.This site has been referred to as the "Walker" property. Collier County plans show an access lane,which has been carved out of the Walker property,to be utilized by all vehicles entering and exiting both sites through the Cleary driveway. • Should Cleary get approval for their proposed 200 multi unit building the Walker property will surely be looking to build a building of the same size. • The proposed Cleary building will create traffic congestion with the addition of over 200 resident vehicles, guest vehicles, staff and service vehicles, delivery trucks,waste removal trucks all merging onto and off Immokalee Road. With the very likely possibility that the Walker owners, learning of a potential Cleary approval,will also want to build a similar multi unit building,the traffic coming into and out of the combine properties would double the number of vehicles trying to pore out onto Immokalee via a driveway unable to handle this flow. The narrow frontage of the Cleary and Walker properties combined is only a few hundred feet. A short distance East of Cleary is the access lane for Saturnia where well over 580+resident vehicles and the numerous other guest and service vehicles and school buses merge onto and off Immokalee Road from Saturnia Lakes. • Immokalee Road is a 6 lane speedway, 3 lanes running East and 3 lanes running West. Posted speed limit is 45 MPH,which more often than not is ignored. With the current traffic patterns residents leaving Saturnia and others traveling west but wish to make a left turn into Saturnia must wait for the traffic light on Immokalee at Logan to stop the easterly bound traffic flow. This turn lane also provides "U-turn ability for residents of Heritage Hills, a community that shares a border with Saturnia Lakes. • We have already been told that a traffic light would not be appropriate at either Cleary's or Saturnia's property entrances as these sites are too close to the light at Logan Blvd. This decision has already been made by Collier County's Traffic Department,who are aware that GL is about to begin building their shopping center on the corner of Immokalee and Logan immediate West of Cleary and Walker properties and Saturnia Lakes development. • The drastic increase of traffic from the GL Shopping Center, Cleary and potentially Walker properties with the existing Saturnia Lakes and Heritage Hills will occur within a a quarter mile stretch of roadway on Immokalee starting at the eastern exit lane of the GL shopping center. • In addition there are two schools back to back 1/2 mile East of GL shopping center exit and the above mentioned properties.Children can be see daily walking and riding their bikes to and from both Laurel Oaks and Gulf Coast High on the sidewalks of Immokalee Road as well as crossing Immokalee. For all of the above reasons I oppose Cleary's option two. Option two will change the distinctive residential nature of Immokalee Road that is situated East of Route 75,create traffic and safety nightmares for those living and traveling throughout the 1.9 mile stretch of Immokalee Road East and West from Logan intersection to Collier Blvd. The logical solution is for this Commission to approve Cleary's"OPTION ONE". Cleary's Option One is suitable and the proper way to develop this site.There have been no objections by current owners or residents to Cleary's "Option One"which would create 63 single family homes within a gated community as outlined and still on the table in their proposals.It is the right decision for all the above reasons 2 i gico Pad MEDITERRA 1 BARRINGTON COVE I. CAMDEN LAKES MARSILEA DELASOL s.�. C 3 iPad glco QUAILS . 660 STONECREEK 850 4 MILES a QUAIL GREEK Q RIVERSTONE 580 CYC 850 Z o � QUAIL CREEK LONGSHORE OLDE CYPRESS VILLAGE LAKE 1100 rw rraz 4 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Friday, October 20, 2017 7:32 AM To: 'Tom Caione' Subject: RE: Cleary Property Proposal Mr. & Mrs. Caione, This will acknowledge receipt of your October 19, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Ede William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 W µ` WEB PAGE: From:Torn Caione[mailto:tcaione@comc.asLn.etl Sent:Thursday, October 19, 2017 8:21 PM To: McDanielBill<BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary Property Proposal Dear Mr. McDaniel, Please se the attached regarding the Cleary Property Proposal. Thank you. Thomas and Janet Caione 2379 Butterfly Palm Dr Naples, FL 34229 Sent from Mail for Windows 10 1 Tom & Janet Caione 't 2379 Butterfly Palm Drim e Naples,Honda 34119 October 19, 2017 Dear Mr. McDaniel, We are writing this letter to make you aware of our opposition to the proposed building plan of the Cleary property in North Naples. We are residents of Saturnia Lakes which is the development that the proposed will border if approved. There are several reasons that this project as proposed should be denied, or at least modified,but we have listed the following as those of most concern to us. We have been residents of Saturnia Lakes since 2002. Reason's the project as proposed should be denied: ].Since Cleary has never taken the (low rise) 63 residential dwelling units off the table. I would like to point this out to the BCC. If this option is good enough for Cleary,we believe it would gain the approval of most Saturnia residents, since it falls in line with the architecture of the surrounding communities. 2. Cleary's attorney made a point to say their 45 or 5o foot structure fits right in with similar tall buildings in the area. I am sure that you are aware that this is not true. There are no buildings of this height within miles of this property. The closest ones being near the Livingston Road/Vanderbilt Beach Road. intersection which is over 5 miles away. 3.You should be aware that there was a"semantics" argument among the planning board members at the 10/5 meeting regarding whether or not the Cleary project should be compared to Saturnia's zoned height of 5o feet or our ACTUAL built height of approximately 3o feet. This seemed open to interpretation. 4.A 200 bed assisted living living/continuing care facility is considered"quasi- commercial"in the eyes of Collier County. 5.A quick look at the locations of other assisted living buildings in the area from 130- 200 beds will show that none are hovering over a residential community like Cleary is in proximity to Saturnia Lakes Thank you for taking the time to read this correspondence. Hopefully it will shed more light on the situation. Sincerely, Thomas and Janet Caione FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 17, 2017 11:22 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD Project Mr. Kelly, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Veit William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From:Gerald Kelly[mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 10:57 AM To: McDanielBill<BillMcDaniel@colliergov.net> Subject: Cleary RPUD Project I am a homeowner in the Saturnia Lakes Community and I would like to go on record as being opposed to the Cleary RPUD Project. The project is proposed for the western border of our community. If built as designed, it will tower over the 580 single family homes in our community.. The project is completely inconsistent both in terms of density and design with everything in our local area. Please do not be persuaded by the argument that the Cleary Group enjoys the full support of the Saturnia Lakes HOA. They do not and they know it. They enjoy the full support of one person who happens to be our HOA Board President. They cut a secret deal with him that literally no one else in the community had any knowledge of. We are in the process of taking removal action on this individual. Thank you for your kind attention to this matter. Jerry Kelly 1 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 11:15 AM To: 'Rccpc7335' Subject: RE: Cleary Project Mr. Carlsen, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. it is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. ecie William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111-Web Paige WEB PAGE: From: Rccpc7335 [mailto:rccpc7335@aol.com] Sent:Tuesday, October 17, 2017 10:47 AM To:SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill<BillMcDaniel@colliergov.net>; FilsonSue<SueFilson@colliergov.net> Subject: Cleary Project Dear Commissioner: I am a homeowner in Saturnia Lakes and a member of the HOA. I write to you to voice my opposition to the Cleary project proposed to be built directly to our west along Immokalee Road. Although my wife and I presently are in New York, I have been kept abreast of the misadventures which have occurred including your last public hearing at which the Cleary project was discussed. The proposal, as I understand it, is for the construction of a nursing facility for the aged and infirm with at least one of the proposed structures to be almost 50 feet in height. Through miscommunication involving one of our directors and his privately-hired attorney, your Board was informed that we had no objection and that Saturnia Lakes agreed to the proposal as submitted. Nothing could be further from the truth. Although you have no obligation to monitor our private HOA procedures, it is sufficient to state that the statement made on the record at your hearing by that attorney was not the result of any advance notice, general meeting, or approval by the membership. The rest is internal confusion which we now undergo as a result of the unauthorized actions I refer to. 1 Let me simply state that Robert and Billie Ann Carlsen, who reside at 2350 Butterfly Palm Drive in Saturnia Lakes, oppose the project as submitted to you and wish to be on record together with many others in informing you of this fact. Respectfully, Robert C. Carlsen, Esq. 75-19 Myrtle Avenue Glendale, NY 11385 718-366-0058 2 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 10:23 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD PUDZ-PL20160001985 Ms. Kelly, I will provide your additional email to the Commissioner for his information and review. Sue Filson,Aide to William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Web Pbge WEB PAGE: From:Gerald Kelly [mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 10:04 AM To: FilsonSue <SueFilson@colliergov.net> Subject: Cleary RPUD PUDZ-PL20160001985 Ms Filson, I have just emailed Mr. McDaniel about my opposition to the Cleary RPUD Project. This property is on the western border of Saturnia Lakes Community off of Immokalee Road in North Naples. Both Mark Strain and Diane Ebert have strongly disagreed (Oct.5th CCPC meeting) with the development of this property as shown by the developer and Cleary attorney. A four story building would dwarf our community not to mention the traffic, noise and accident potential. Collier County has already said there will be no traffic light on Logan Blvd. when the G.L.Homes shopping center is built in 2018. Hurricane Irma has decimated the tree line at the entrance to our community and no amount of new plantings will fill-in any time soon. On the Oct. 5th meeting of the CCPC, our HOA President had made a deal with the Cleary attorney that the community was in favor of this development. That is extremely false. The residents were unaware of this as we had arrived with white shirts on to show solidarity against the proposal. This seemed to be of no avail as we lost our cause by one vote. Please let Mr. McDaniel know that the whole Saturnia Lakes Community is opposed to the current proposal made by the Cleary Attorney. Thank you, Susan Kelly Saturnia Lakes Resident 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Tuesday, October 17, 2017 10:09 AM To: 'Gerald Kelly' Subject: RE: Cleary RPUD PUZ-PL20160001985 Ms. Kelly, This will acknowledge receipt of your October 17, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. ate William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: — From: Gerald Kelly [mailto:jspreppie7l@gmail.com] Sent:Tuesday, October 17, 2017 9:50 AM To: McDanielBill <BillMcDaniel@colliergov.net> Subject: Cleary RPUD PUZ-PL20160001985 Mr. McDaniel, I am a resident of the Saturnia Lakes Community and am stating my opposition to the Cleary RPUD Project. On Oct. 5th, the CCPC held their hearing and both Mark Strain and Diane Ebert strongly disagreed with the Cleary Proposal. The room was filled with white shirted residents to convey our disapproval of that said proposal. We were in fact stunned by the attorney that represented Saturnia Lakes when he declared that our community was in favor of the proposal. That is very much false. The community was unaware that our current HOA President had made a deal with the Cleary attorney. The Cleary property is on our western border where Hurricane Irma took out the tree line on that side. Even if new plantings are added it will in no way hide the four story building that is proposed for that location not to mention the height will dwarf all buildings around it. Also, there is the fact that the entrance would only be feet away from our own which would cause traffic, noise and accident concerns. We have school buses in and out of our community several times a day. The other concern is that G.L.Homes will be starting their construction project in 2018 at Logan Blvd. and Immokalee Road. The county has already stated that there will not be a traffic light at the shopping center location. Please consider a "no" vote at your November BCC meeting. Thank you, Susan Kelly Saturnia Lakes Resident 2 FilsonSue From: FilsonSue Sent: Tuesday, October 17, 2017 7:51 AM To: 'Millie Corcoran' Subject: RE: PUD-PL20160001985 Mr. & Mrs. Corcoran This will acknowledge receipt of your October 16, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From: Millie Corcoran [mailto:mcorcoran1029@gmail.com] Sent: Monday, October 16, 2017 3:13 PM To: FilsonSue<SueFilson@colliergov.net> Subject: PUD-PL20160001985 Sent from Mail for Windows 10 1 We are writing this letter to respectfully oppose the Cleary Development Project. This project is proposed for the small 8+acre lot located West of Saturnia Lakes Community and East of the yet to be built GL Shopping Center on the Southeast corner of Immokalee Rd. and Logan Blvd. in North Naples. Our objections are as follows: Our community had a meeting with the developer in January 2017 and was told we could expect a single home community of 63 houses. Little by little this plan became a 4 story (5 story if the underground parking is counted) up to a height of 50 feet. Since Saturnia Lakes only has 1 and 2 story houses,and since this project is using every square inch of space,this colossal structure will be looming large over our entire community. It will run the entire length of our beautiful entrance (which most residents will tell you that is why they purchased in this community). The foliage that the developer portrays on his artist's rendering is no longer there after Hurricane Irma. Traffic in the area is another big concern. There have been quite a few new developments along Immokalee Rd. in the past 2-3 years and, in season, one must sit through 3 traffic lights to get through the intersection of Immokalee and Logan. That is before the installation of this 200-unit project and before the installation of the already approved GL shopping center. Additionally,the entrance to the proposed Cleary project is very close to our entrance and at the speeds that are traveled on Immokalee, people pulling out and people trying to get over to our entrance will be extremely dangerous. We have a community full of young children and many of the youth from the nearby High School walk home in the afternoon. It gives me chills to think of all that could go wrong. Water drainage is a third concern. Cleary stated at the zoning hearing that at the time Saturnia Lakes was developed our lake system could handle water from the adjacent properties west to the corner at Logan. That was 16 years ago. Was a 200-unit building and an entire shopping center considered as a possibility? While I admit I'm not an expert, I do hear on the news about Lee County having many flooding problems with County approved development causing massive floods for the people that have been there for many years. Finally, in closing I would like to mention that our Community came en masse to the zoning hearing and sent over 200 petitions against the rezoning only to lose our case by ONE vote. We will be at the BCC committee hearing all wearing our white shirts. I do hope your will take our opposition to be serious. Thank you for your time and consideration. Edward & Mildred Corcoran 2431 Butterfly Palm Drive Naples, FL 34119 Mcorcoran1029@gmail.com FilsonSue From: FilsonSue Sent: Tuesday, October 10, 2017 1:08 PM To: 'Dianna Quintanilla' Subject: RE: Meeting Request: Cleary PUD Got it,thank you. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 1:06 PM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Just found out I need to include Wayne Arnold as attending the meeting with Rich. Thanks. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P: 239 435.35351 F. 239.435.121$ d iuintanillaacvklawfirm.com Visit cyklawfirm.com to learn more about us. • Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(oicyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson(acolliergov.net] Sent: Tuesday, October 10, 2017 12:00 PM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay,got it. Will it only be Rich? It is quasi judicial so I need all names. Have a great day. Sue 1 From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 11:57 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Let's do 1:30, yes only a %2 hour. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P. 239 435 3535 i F 239.435 1218 dquintanillaCa.cyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(a cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson©colliergov.net] Sent: Tuesday, October 10, 2017 11:54 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Any time in afternoon, starting at 1:00 p.m. Does he need %z hour or an hour. From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:46 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD Okay, I had a chance to speak with him just now, he will take November 6th. What time do you prefer? Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North. Suite 300 Naples, Florida 34103 P. 239 435 3535 I F. 239.435.1218 dquintanillaCa)cvklawfirm.com 2 Visit cvklawfirm.com to learn more about us. B -Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyk/awfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@>colliergov.net] Sent: Tuesday, October 10, 2017 11:42 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay, no problem. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiarri Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239-435.1218 dauintanillat cvklawfirm.com Visit cvklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintonilla(a cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:42 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Okay, no problem. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday, October 10, 2017 11:42 AM To: FilsonSue<SueFilson@colliergov.net> Subject: RE: Meeting Request:Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North. Suite 300 Naples, Florida 34103 P: 239 435 3535 ! F 239.435.1218 dquintanilla@cvklawfirm.com Visit cvklawfirm.com to learn more about us. Trusted & Verified • Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla(5cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:39 AM 3 To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Dianna, I can do November 6'. The week before that he has jury duty. That is the only day I have open right now. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10, 2017 11:32 AM To: FilsonSue<SueFilson@colliergov.net> Subject: Meeting Request: Cleary PUD Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client (Mr. Cleary) lives out of state,I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. Please let me know when the Commissioner is available on Monday November 13th Thank you in advance. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Honda 34103 P. 239.435.35351 F. 239.435.121i? dquintanilla@cyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified 1 Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.cam or call(239)435-3535,and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 FilsonSue From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Tuesday, October 10, 2017 11:42 AM To: FilsonSue Subject: RE: Meeting Request: Cleary PUD I'll talk to Rich this afternoon and see what he would like to do and get back to you by the end of the day. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples. Florida 34103 P 239 435 3535 1 F 239,435 1211 dquintanillacyklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:SueFilson@colliergov.net] Sent: Tuesday, October 10, 2017 11:39 AM To: Dianna Quintanilla Subject: RE: Meeting Request: Cleary PUD Dianna, I can do November 6th. The week before that he has jury duty. That is the only day I have open right now. Sue From: Dianna Quintanilla [mailto:DQuintanilla@cyklawfirm.com] Sent:Tuesday,October 10,2017 11:32 AM To: FilsonSue<SueFilson@colliergov.net> Subject: Meeting Request: Cleary PUD Good morning, Rich would like to schedule a meeting for the upcoming agenda item: Cleary PUD. We realize it doesn't go to the BCC until November 14th but because our client(Mr. Cleary) lives out of state, I am trying to schedule meetings for Monday November 13th so he will be able to fly into Naples and attend. 1. Please let me know when the Commissioner is available on Monday November 13t" Thank you in advance. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiarni Trail North, Suite 300 Naples, Florida 34103 P 239.435 35351 F- 239 435.1218 dquintanillaaa.cvklawfirm.com Visit cyklawfirm.com to learn more about us. Trusted & Verified Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanillat Jcyklawfirm.corn or call(239)435-3535,and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:51 AM To: 'Val' Subject: RE: Cleary development on Immokolee Ms. Palmieri, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: Original Message From:Val [mailto:vgmgp@aol.com] Sent: Sunday,October 15, 2017 4:06 PM To: McDanielBill <BillMcDaniel@colliergov.net> Cc: FilsonSue<SueFilson@colliergov.net> Subject: Cleary development on Immokolee Dear Mr McDaniel, I live in Saturnian Lakes and l object to the height and proximity of the proposed Cleary development next to Saturnia. This commercial property is proposed to adversely and directly affect the view from my lanai. I will lose privacy and property value. With all the senior care developments in the area, when occupancy rates become challenging, how will this property be used in 10 years or more? Let's think ahead of a developers immediate appeal. Do not approve this proposed 5 story building so close to residential property. No more than 2 or 3 stories! And they need to install a dense tree barrier between their commercial property and private property. Demand alterations that benefit long term collier residents in Saturnia ,please!! Valerie Palmieri 2415 Butterfly Palm Drive Naples, Florida Sent from my iPad 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:47 AM To: 'romeysr@aol.com' Subject: RE: Cleary PUD in North Naples Mr. Palmieri, This will acknowledge receipt of your October 15, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. edt William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 al Web age. WEB PAGE: From: romeysr@aol.com [mailto:romeysr@aol.com] Sent:Sunday, October 15, 2017 3:35 PM To: McDanielBill<BillMcDaniel@colliergov.net> Cc:suefilson@colliergov.netMr. Subject: Cleary PUD in North Naples Mr. McDaniel: My name is Jerome Palmieri. Since 2013 I have been a homeowner in the Saturnia Lakes community(2415 Butterfly Palm Drive) in North Naples. I am writing to you to express my strong opposition to the proposed Cleary development project to build a five story senior housing building next door to Saturnia Lakes. Let me be clear: I am not opposed to a senior community being located on that property. I am against any three to five story building in that location. Saturnia Lakes is a beautiful upscale community. The landscaping on the tree lined main entrance into Saturnia Lakes creates one of the most elegant entryways of any community in all of Naples. The proposed multistory building will be next door to that main entrance and will ruin the beautiful view that we homeowners and our guests now experience. Property values will be damaged if you approve this large, multistory building to be constructed. Additionally, with my property being located on Butterfly Palm Drive (which runs parallel to the main entrance), the view from the back of my home will go from the privacy of the existing tree lined entryway to the bricks, windows and roofing tiles of the Cleary building. I strongly oppose the Cleary project as it will decrease all of the property values in the Saturnia Lakes community. Please do not vote to approve this project. Thank you, 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:42 AM To: 'Paul Petras' Subject: RE: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Mr. Petras, This will acknowledge receipt of your October 15, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From: Paul Petras [mailto:plpetras@yahoo.com] Sent: Sunday, October 15, 2017 12:37 PM To: SaundersBurt<BurtSaunders@colliergov.net>; TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net> Cc: DavidLykins@colliergov.net Subject: Proposed Rezoning for PUDZ-PL20160001985, Cleary RPUD Dear Commissioners: At the October 5th meeting of the Collier County Planning Commission, Mr. Manganaro indicated that the Saturnia Lakes HOA supports the Cleary development, but all of the Saturnia homeowners that I know are against it. Having 50 ft. tall buildings, so close to our main entrance, will destroy the integrity and charm of our community and those high density buildings will add traffic congestion to Immokalee Road, which is already extremely busy and destined to get busier once the recently approved Landings at Logan development is completed. Please protect our community and our home values by disapproving the proposed rezoning for the Cleary development or, at a minimum, restrict the height of buildings to 3 stories (above the current floodplain elevation of that lot) and increase the setback requirements. Thank you for your time and consideration. Sincerely, Paul Petras 1 Saturnia Lakes Homeowner 1714 Triangle Palm Terrace Naples, FL 34119 2 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:21 AM To: 'Richard C. Guliano' Subject: RE: cleary development Mr. Guliano, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 11111 WEB PAGE: — From: Richard C. Guliano [mailto:guliano610@outlook.com] Sent: Friday, October 13, 2017 4:38 PM To: McDanielBill<BillMcDaniel@colliergov.net> Subject:cleary development Mr. McDaniel Have been enjoying retirement in Saturnia Lakes for 15 yrs. Would like to see that continue. Did not invest here to have a 4 story bldg.,50 ft high building with outdoor air conditioners, more traffic with 200 units and a new shopping center next door please reconsider Sent from Mali for Windows FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:28 AM To: 'Patricia Rose' Subject: RE: Cleary Project Ms. Rose, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. Bill William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Original Message From: Patricia Rose [mailto:patrose@me.com] Sent: Friday, October 13,2017 10:12 PM To: SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; DavidLykins@colliergov.net; GrecoSherry<SherryGreco@colliergov.net>; BrownleeMichael <MichaelBrownlee@colliergov.net>; GoodnerAngela <AngelaGoodner@colliergov.net>; FilsonSue <SueFilson@colliergov.net> Subject: Cleary Project Dear Mr. Saunders, I am writing to express my concern over the construction of the Cleary Project, which is being proposed for the parcel next to Saturnia Lakes. I believe building this project would affect the aesthetics of the area as well as cause real problems with excessive traffic compounded by the shopping center that has been approved. It is already difficult to exit Saturnia during high traffic times. Construction of this project would exacerbate the problem. This new construction could also negatively affect our property values. It would take away from the beauty of our entrance and would be seen from all areas of the complex because of its height. It would be the only tall building in the area. Please vote no on approving this project. The voters of Saturnia are depending on you. Patricia A. Rose 1988 Isla de Palma Circle Sent from my iPad 1 FilsonSue From: FilsonSue on behalf of McDanielBill Sent: Monday, October 16, 2017 7:25 AM To: 'Joseph Dykstra' Subject: RE: Cleary PUD Mr. Dykstra, This will acknowledge receipt of your October 13, 2017 email expressing your opposition to the proposed Cleary Development. It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will carefully consider all comments and information when this item is presented to the Board of County Commissioners. If I can be of assistance to you in the future please do not hesitate to contact my office. 'Cee William L. McDaniel,Jr. Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 WEB PAGE: From:Joseph Dykstra [mailto:jhdykstra@verizon.net] Sent: Friday, October 13, 2017 5:51 PM To:SaundersBurt<BurtSaunders@colliergov.net>; DavidLykins@colliergov.net;TaylorPenny <PennyTaylor@colliergov.net>; SherryGreco@collier.net; FialaDonna<DonnaFiala@colliergov.net>; BrownleeMichael <MichaelBrownlee@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; GoodnerAngela <AngelaGoodner@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; FilsonSue <SueFilson@colliergov.net> Subject: Re: Cleary PUD Dear Ladies and Gentlemen, Despite the impression that you may have received from our board president and lawyer, we the residents of Saturnia Lakes are not at all in favor of the Cleary Project and strongly oppose it. Let's look at the reasons: 1. The height of the proposed building(s) will take away the little view of nature we have in that area and the privacy it now gives us, especially for those living close to or at the front of our community. 2. It will create traffic problems with entrances and exits for Saturnia and Cleary both on Immokalee Rd., especially during commuter hours when traffic is fast and heavy. This will be in addition to the light and turn in/turn out difficulties that the grocery shopping center will create on the corner of Logan Blvd. and Immokalee. Also, how does that all feed in when Logan becomes a 4 lane highway in the future? 3. What about the fact that there are 2 schools close by on Immokalee that have bus traffic there morning and afternoon as well as a large volume of parent drop offs and pickups that has increased since two new communities were developed between Logan and Collier Blvd. on the north side of Immokalee recently? The increase in population at Laurel Oak Elementary and at Gulf Coast High attest to that. 4. New man- made buildings will add to the problems of natural water absorption that planted areas can do and buildings and paved areas cannot. 5. More housing will add to the strain on the electric grid. Just look at the problems that occurred during and after the hurricane. Sewer water came bubbling up from manhole covers here in Saturnia and neighboring communities along with others farther from here. As I understand it this was caused by the jolt of power being restored in parts of our and other communities. 6. Removal of plants does affect the quality of our air and the amount of oxygen that plants give us. The project will also add to the amount of vehicle exhaust from more in and out traffic. 7. There would be increased noise (a lot) during construction which would especially affect the homeowners near the front of Saturniia. The in-place foliage provides some buffer now from traffic noise on Immokalee, but removal of trees takes away a huge part of that buffer. 8. Increased trash pickup will add even more noise to the Saturnia environment. 9. Revenue gained will also have to be revenue spent and most likely even more to handle all the problems over time this development will create. 10. Have you looked at the fact that there are two large senior housing developments on Vanderbilt in high rise structures which are not filled to capacity? If this proposed project is targeted to seniors or others, how will being so close to a road that is probably busier than Vanderbilt affect purchase? Finally, we ask that you not devalue our homes and lose tax value you already have. We ask that you not devalue us, your constituents, and our needs and desires and the trust and value of our votes. H. Dykstra 2 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 14, 2017 16.A.9. This item requires tnat ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. X NO DISCLOSURE FOR THIS ITEM , SEE FILE ( 1Meetings I (Correspondence e-mails Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI-PL20170002630] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails I 1Call