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Ex-parte - Fiala 02/13/2018 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 13, 2018 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 a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow enclosed mini-self storage warehousing within a General Commercial (C-4) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code.The subject property is located on the north side of Tamiami Trail East,approximately 500 feet west of Trinity Place,in Section 17,Township 51 South, Range 27 East,Collier County, Florida. (PL201600001875) NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ['Correspondence De-mails UCalls 17.B. This item requires that ex parte disclosure be provided by the 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. 2004-41, 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 Mobile Home(MH)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project known as the Antilles RPUD to allow development of up to 212 multi-family dwelling units or 138 single-family dwelling units on property located east of SR 951 on Port Au Prince Road, in Section 15,Township 51 South, Range 26 East, Collier County, Florida,consisting of 43.77+/-acres;and by providing an effective date. [PUDZ-PL20150001459] NO DISCLOSURE FOR THIS ITEM Fl SEE FILE ®Meetings ®Correspondence ®e-mails ®Calls Earlier this month, Met w/ Rich Yovanavich, Patrick Vanasse, Norm Trebilcock, Dayna Fendrick and Mike Myer, also Met w/ Mr. Vanasse and Ashley Caserta back in May of 2016, Attended Neighborhood Information Meeting, Emails & Discussions w/ Hearing Examiner, also with Phil Brougham and other residents of the Fiddler's Creek Community, Staff Report Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 13, 2018 17.C. ***This item has been continued from the January 23, 2018 BCC meeting.***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.An Ordinance amending Ordinance No. 93-31,the Foxfire Planned Unit Development(PUD),to approve an insubstantial change to the PUD,to show on the Master Plan the parcel lines to the maintenance building parcel known as platted Tract 9 of the Foxfire Unit Three subdivision at the northwest corner of the project in Tract B low intensity multi-family residential development and establish setbacks and clarify the height limitations for the maintenance building, and providing for an effective date.The subject property is located between Radio Road (CR- 856)and Davis Boulevard (CR-83)approximately one mile east of Airport-Pulling Road (CR-31), in Section 1, Range 25 East, and Section 6, Range 26 East, both in Township 50 South, Collier County, Florida,consisting of 385+/-acres. [P120160003062] M NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ❑Correspondence De-mails ['Calls BrownleeMichael Subject: Meet w/ Patrick Vanasse, Ashley Casarta &Ted Rapp re: Antilles Location: DF Office Start: Mon 5/9/2016 4:00 PM End: Mon 5/9/2016 4:30 PM Recurrence: (none) Organizer: FialaDonna I'm following up regarding a meeting I set up regarding the Antilles project to be held Monday, May 9' at 4pm at Commissioner Fiala's office. Patrick Vanasse and I will attend from RWA, as well as Ted Rapp who is representing the Client. ASHLEY CASERTA, AICP PLANNING PROJECT MANAGER OFFICE 1239.597.0575 ENGINEERINGCELL 1239.450.4132 EMAIL acasertaconsult-rwa.com 1 BrownleeMichael Subject: Meet w/ Rich Yovanavich, Patrick Vanasse, Norm Trebilcock, Dayna Fendrick and Mike Myer Location: BCC Conference Room Start: Thu 2/8/2018 10:00 AM End: Thu 2/8/2018 11:00 AM Recurrence: (none) Organizer: FialaDonna 1 AGENDA ITEM 9-B C'.oer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT 1 HEARING DATE: DECEMBER 21, 2017 I SUBJECT: PUDZ-PL20150001459; THE ANTILLES RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD) 1 PROPERTY OWNERS/APPLICANT/AGENT: Owner/Applicant: Agent: JMD Developments and Investments, LLC Patrick Vanasse,AICP 940 Cape Marco Drive,Unit 2506 RWA Engineering Marco Island,FL 34145 6610 Willow Park Drive, Suite 200 1 Naples,FL 34109 REQUESTED ACTION: i The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Mobile Home(MH)zoning district to a Residential Planned Unit Development (RPUD) zoning district. The subject property is comprised of four parcels owned by JMD Developments and Investments, LLC. It was previously owned by Diamond Shores,Inc., also known as Woodlake Condominium Association of Marco Shores,Inc. GEOGRAPHIC LOCATION: The subject property is located east of SR 951 on Port Au Prince Road, in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 43.77+/- acres (see location map on page 2). 1 1 PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to RPUD to allow for the development of up to 212 multi-family dwelling units or 138 single-family dwelling units. PUDZ-PL20150001459 The Antilles Page 1 of 25 Revised: December 12,2017 ID C O i PUD �' al A4" � PS,. tee° s mO I n 1 •> a ... \ A ' ' I L. — f • o ViR,\\ • 0 0 1 Cj Fri 1r4 ..^���.M,: N . 0 1C4* _�!� j A cm A O A �_ 0 O a \ 1 SITE .7. O ° iNi• -. ° RSF-3 PUD . .•fir • iri ..../'I !i I, - L-r RSF-3 it Eg..- - . i .._'4,,.(.1\-._::- -,1 7: - :21,! A PROJECT �� ._ =ter -.: ... .-.....S:-.1" llff f iri I ' -t z^ a - �\t AIS rl �"4 Zr�I u�l°°� �� �i ' � �"GM . �a�" �� (f(/ •i �. ^M1 �1 1 \m.'4':'uti + oa ` moi � .• r' / ! /it, . • �� > , ___ LY ' I � 7 ♦•°_� CONST 'fl }�r _I ��I ,•' i CON ST AA LOCATION MAP ZONING MAP Q. PETITION 5 PUDZ-PL-2015-1459 a 1 i 1 SURROUNDING LAND USE AND ZONING: I The subject project proposes a density of 4.84 dwelling units per acre (DU/AC). This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of The Antilles RPUD: North: Undeveloped land,with a current zoning designation of Rural Agricultural(A) (0.20 DU/AC) East: Developed residential and golf-course, with a current zoning designation of Marco Shores/Fiddler's Creek PUD (2.08 DU/AC) 1 South: Developed residential, with a current zoning designation of Marco Shores/Fiddler's Creek PUD (2.08 DU/AC) West: A canal,then farther west are mobile homes,with a current zoning designation of MH(7.26 DU/AC) a Pb/m 9 n9 , +„xA ii --.4 4._ , , i t , .„. 1 __, _ :.--8, 1. ,rn r R y �� i. yam_ 1; r£ +814/.3. -„, ( $ l ,N.1 ;. i a I P 4 ', L h Hv tt t aces1. ,.. ,^tea 1 _ .. iia i 02.-.i a,. . x 5, ! Vo. � � Z 2# 3i) 8ta �a57r fi � t H� � ��`` � �..� '^.�aR �' .. w ra � aR .312 —.75 " tl, 2,. H, fi Aerial(County GIS) GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: I Future Land Use Element(FLUE): The subject property is designated Urban,Urban Mixed Use District, Urban Coastal Fringe Subdistrict and is within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map (FLUM) and in the FLUE of the GMP. Relevant to this petition, this designation allows residential development (variety of unit types), including PUDZ-PL20150001459 The Antilles Page 3 of 25 Revised:December 12,2017 1 I i associated accessory recreational uses and open space uses, which are the uses proposed in this t { PUD. Under the FLUE's Density Rating System, the project is eligible for a maximum density of three DU/), without providing affordable-workforce housing which is not proposed, see below calculations. Eligible density is not an entitlement. The applicant proposes a maximum of 212 multi-family dwelling units(DUs)or 138 single-family DUs,yielding 4.84 DU/A(212 DU/43.77a =4.84 DU/a) or 3.15 DU/A(138 DU/43.77a=3.15 DU/a),respectively. t l Base Density 4 DU/A °. CHHA Density Reduction -1 DU/A Maximum eligible density 3 DU/A x 43.77 acres= 131.31 = 131 DUs t i The existing Mobile Home(MH) zoning on the site pre-dates the 1989 adoption of the GMP and has been deemed "consistent by policy;" the site is identified on Map FLUE-12 as Improved Property, existing zoning consistent with FLUE by Policy 5.11, 5.12, 5.13, 5.14. Policy 5.1 of the i FLUE provides that the residential zoning of such "consistent by policy" properties may be changed so long as the new zoning district does not allow a greater number of DU's than the existing zoning,and provided the overall intensity of the proposed zoning district is not of a greater intensity than the existing zoning—as determined by a comparison of public facility impacts. The petitioner asserts that consistency with FLUE Policy 5.1 is achieved (refer to rezone application "Antilles RPUD Rezone Considerations, section i)" and identifies the uses and densities allowed by the existing and proposed zoning districts, and submitted a comparative analysis of public facility impacts of the existing and proposed uses and densities. i FLUE Policy 5.1 states,in relevant part: t Policy 5.1:All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: 1...] t c. For such residentially-zoned properties, zoning changes will be allowed provided the I authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development i allowed by the new zoning district does not exceed that allowed by the existing zoning district. [...] Y e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of each part. Part I:Does the new zoning district allow the same or a lower number of dwelling units as the existing zoning district? PUDZ-PL20150001459 The Antilles Page 4 of 25 Revised: December 12,2017 1 r This evaluation requires a comparison of existing and proposed density. The existing MH zoning district allows a maximum density of 7.26 DU/A based on minimum lot area requirement of 6,000 square feet(43,560 Sq.Ft./6,000 Sq.Ft.=7.26);this yields a maximum of 317.77 DUs(7.26 DU/A t x 43.77 acres=317.77 DUs —3 318 DUs). The proposed Antilles RPUD permits 212 multi-family DUs (a 33%reduction)or 138 single-family DUs (a 57% reduction). Conclusion:The new(proposed)zoning district does allow the same or a lower number of dwelling 1 units as the existing zoning district. l Part II:Is the overall intensity of residential land use allowed by the existing zoning district not exceeded in the new zoning district (based upon a comparison of public facility impacts as I allowed by the existing zoning district and the proposed zoning district)? l The applicant provided a comparative analysis of public facility impacts for category"A"public 4 facilities (arterial and collector roads, potable water, sanitary sewer, parks and recreation, solid waste and drainage)and schools that yielded impacts which are lessened upon all facilities,except drainage. Impacts upon drainage facilities remain the same given that the same standard applies for either development scenario (though the petitioner did show a reduction in amount of impervious surface area). Based on the analysis provided by the applicant, Comprehensive Planning staff concurs with this assessment. l Conclusion: The new(proposed)zoning district does not exceed the overall intensity of residential land use allowed by the existing zoning district. T Also, staff notes that the CHHA prohibits new rezoning to allow mobile home development; this t petition does the opposite—it removes mobile home zoning. Analysis of relevant FLUE policies is provided below. 1 FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. 1 In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies are implemented for new development and 3 redevelopment projects, where applicable. Each policy is followed by staff analysis in [in non- bolded text]. i Objective 7: In an effort to support the Dover,Kohl&Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment t projects,where applicable. i t J 5 PUDZ-PL20150001459 The Antilles Page 5 of 25 Revised: December 12,2017 1. i i I 4. SGS, t i Policy 7.1: The County shall encourage developers and property owners to connect their x, properties to fronting collector and arterial roads,except where no such connection can be made } without violating intersection spacing requirements of the Land Development Code. 7 Conclusion: The subject site does not abut an arterial or collector road. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. i Conclusion: The proposed Master Plan, Exhibit 'C', shows a loop road connecting to Port Au Prince Road, which will provide access to Collier Blvd. (SR 951). Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed I in Policy 9.3 of the Transportation Element. yY Conclusion: The site abuts Port Au Prince Road to the north; adjacent properties to the east,west and south are developed thereby precluding interconnections. Comprehensive Planning leaves 1 review of the Transportation Element to Transportation Planning staff. I 3 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. i Conclusion: The petitioner has requested a deviation from the Land Development Code (LDC) 6.06.02.A for sidewalk to be provided on only the south sides of the street at two locations: on the south side of the stub roadway that runs adjacent to the lake area (at the southwest corner of the project)and on the south side of the first segment of the entrance roadway that runs adjacent to the preserve(at the northwest corner of the project). All other roadway segments will have sidewalks 1' according to the LDC.No homes will front on roadway that lacks sidewalk,therefore, Staff agrees with this deviation. The property size and configuration limits the ability to provide varying 1 densities and civic facilities; three housing types are included which may reflect different prices. 1 Open space is provided for as required by the LDC. A potential bicycle/pedestrian connection to , , Port Au Prince Road is shown on Exhibit 'C',PUD Master Plan; and is contained in Exhibit 'F', Development Commitments, Transportation: B. Staff supports this connection. CONCLUSION 1 Based upon the above analysis, the proposed PUD may be deemed consistent with the FLUE of the GMP. a t i Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact 1 Statement(TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 Annual Update and Inventory Reports(AUIR). 1 i PUDZ-PL20150001459 The Antilles Page 6 of 25 Revised: December 12,2017 3 i i I i t i g Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; 1 i b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." i The proposed PUD on the subject property was reviewed based on the 2016 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed residential development i will generate approximately 140 PM peak hour two-way trips which represents a reduction of approximately 43 PM peak hour two-way trips from the currently approved mobile home development. Staff also reviewed the recently approved 2017 AUIR as part of this staff report. The proposed development will impact the following roadway segments with the listed capacities: i Roadway Link 2016 Current Peak 2016 AUIR 2017 e AUIR Hour Peak Remaining AUIR Existing Direction Service Capacity Remaining q LOS Volume/Peak Capacity Direction Collier Manatee Road D 2,200/North 536 427 Boulevard to Mainsail Drive Collier Mainsail C 2,200/North 609 499 Boulevard Drive to Note: LOS Marco Island D i Bridge i i PUDZ-PL20150001459 The Antilles Page 7 of 25 t i Revised: December 12,2017 A Based on the 2016 and 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element(CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 4.04 acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The Project's current Master Plan proposes a 5.04± acre preserve area. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. STAFF ANALYSIS: Applications to rezone to or to amend RPUDs shall be in the form of an RPUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The RPUD application shall also include a list of developer commitments and any proposed deviations from the LDC. Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,Planning Commission Recommendation (commonly referred to as the "PUI) Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. Through review of this petition, it was determined that the 4.88±acre preserve,previously identified on the Woodlake Condo Site Development Plan (SDP) 96-11 Master Plan drawing as Tract B on the Woodlake Plat, would need to remain as preserve, less the designated 30-foot roadway easement located along the north property line. The removal of the roadway easement reduces the preserve acreage requirement for the Project from 4.88± acres to 4.04± acres, as a minimum. The Project's current Master Plan provides a 5.04± acre preserve area. There were no listed species observed on the site. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project, subject to the two Transportation commitments listed in Exhibit F of the RPUD document. PUDZ-PL20150001459 The Antilles Page 8 of 25 Revised: December 12,2017 Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and 0. the LDC and recommends approval of this project. Emergency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. Landscape Review: The Master Plan shows undisturbed vegetation would remain along the RPUD's north property boundary. A I5-foot wide Type B Buffer is proposed along the west property line where abutting the canal and the mobile homes in the Port Au Prince subdivision. The Master Plan proposes enhanced fifteen (15)-foot Type B Buffers along the east and south RPUD boundaries. If this petition is approved, the plant material will have to be comparable to LI the landscape commitment that was made by the petitioner at the second Neighborhood Information Meeting (NIM) held on January 26, 2017. (NOTE: These commitments have been incorporated into the PUD Document.) Each single-family and two-family lot is required to provide at least one canopy tree. Staff does not anticipate the development standards proposed for these type of dwellings would accommodate the required canopy tree per lot;however,this type of detailed analysis,to ensure compliance with the LDC,will appropriately occur during a subsequent development process. Parks and Recreation Review: Parks and Recreation staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. Affordable Housing Review: Affordable housing is not proposed for this project. Historic Preservation Review: Historic Preservation staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. 1 School District: At this time, there is sufficient capacity within the elementary and middle concurrency service areas and in an adjacent high school concurrency service area of the proposed development. At the time of SDP or platting,the project will be evaluated for school concurrency. Zoning Services Review: Aerial photography from the Collier County Property Appraiser reveals LI that many of the mobile home units were installed on the subject property between 1985 and 1995 but later removed prior to 2008. Staff analyzed the proposed density and compared it to the densities on the abutting properties. The abutting property to the north is an undeveloped parcel zoned A. To the east and south, there are properties zoned Marco Shores/Fiddler's Creek PUD. As previously mentioned in the Surrounding Land Uses and Zoning portion of the staff report,the maximum density of the Marco Shores/Fiddler's Creek PUD is 2.08 (DU/AC); however, the 1 abutting subdivision to the south, Fiddler's Creek, Pepper Tree Village and Bent Creek Village, was developed at approximately 2.9 dwelling units per acre (see cross-hatched area in aerial on fi photograph followingpaeg )• Also, as previously mentioned,the mobile home development located directly west of the subject project is zoned MH, which allows for a maximum density of 7.26 dwelling units per acre. This petition proposes a density of 4.84 dwelling units per acre,which is compatible to the surrounding 1 PUDZ-PL20150001459 The Antilles Page 9 of 25 Revised:December 12,2017 properties to the south, east and west, and is less dense than what is currently allowed by the MH zoning district. Staff analyzed the proposed uses and associated development standards in The Antilles RPUD and compared them with the Residential—"R" (R) tracts in the Marco Shores/Fiddler's Creek PUD. The R tract in Marco Shores/Fiddler's Creek PUD allows for single-family residential (detached, patio, and zero-lot-line), duplex and two-family, townhouses, cluster housing, multi-family residential (including Garden Apartments), in addition to churches and other minor uses. The RPUD proposes single-family residential (attached and detached), and multi-family residential. I Therefore, the proposed uses in the RPUD would be compatible with the allowed uses in the R tracts of the Marco Shores/Fiddler's Creek PUD. Moreover, the proposed Antilles RPUD development standards are compatible with the surrounding areas around the Antilles RPUD property, see Exhibit B of the PUD Ordinance. l 1. . . 'nom # ° la 1 1 0 0 x t : f w 1.'2 / ?„/"Pff ,01// / /7/, ,\ it*:, :' '' g�, 1/ °/ ! ,„ i p / 4"e// y .' _ „....„„ .,, , ., ,o, ..)t. ., . ., ,, t ki .., , 44-47. 1 it 4 #1.- , ,....4 ' liti\N 4 /4 ,,._ ,./../..,t.,„i 4, , ,,,,,,---:. -,...,..„._ ..,„„ ,.... 1 ...-: . _ . ' '''. ' 1 144 f ' , ,`I',. ” t Aerial(County GIS) 1 The below table shows the development standards for principal structures proposed within the RPUD and how they compare to the R tracts of the Marco Shores/Fiddler's Creek PUD,the cluster housing provisions of LDC Section 4.02.04, and the townhouse provisions of LDC Section 5.05.07. i PUDZ-PL20150001459 The Antilles Page 10 of 25 Revised: December 12,2017 1 i t: 1 t Single Duplex & Single Family Multi Family 1 Family Two-Family Detached Dwelling Detached (SFD) Unit (MFD)Unit (SFD) Unit Attached' & Detached Townhouse' Lot Area The Antilles' 4,000 s.f 3,500 s.f. 1,600 s.f n/a l Fiddler's Creek3 6,500 s.f. 3,500 s.f. 3,000 s.f 1 acre Cluster Housing4/Townhouse 3,000 s.f. 6,000 s.f. 2,500 s.f. n/a 1 Floor Area The Antilles 1,200 s.f. 1,000 s.f. 1,000 s.f 1,000 s.f Fiddler's Creek 1,500 s.f. 1,400 s.f. 1,200 s.f. 1,000 s.f. Cluster Housin• Townhouse , n/a n/a n/a n/a t Lot Width 1 The Antilles 40 feet 35 feet 16 feet n/a Fiddler's Creeks 50 feet 35 feet 30 feet 150 Cluster Housing/Townhouse 206/40 feet 206/40 feet 30 feet n/a 1 Front Yard The Antilles' 8 15 feet 15 feet 15 feet 15 feet Fiddler's Creek 25 feet 20 feet9 20 feet9 _ 25 feet14 Cluster Housing/Townhouse 20 feet 20 feet 20 feet n/a 1 Front Yard—Side Entry M The Antilles 12 feet 12 feet 12 feet 12 feet Fiddler's Creek 15 feet 10 feet 10 feet 15 feet14 Cluster Housing/Townhouse 10 feet 10 feet 10 feet n/a Side Yard The Antilles 5 feet 0/5 feet 0/5 feet 7.5 feet Fiddler's Creek 7.5 feet 0/7.5 feet 0/0.5 BH 0.5 BH14 F Cluster Housing/Townhouse 5/10 feet10 5/10 feet10 0/10 feet" n/a Rear Yard 1 The AntillesL2 10 feet 10 feet 10 feet 10 feet a Fiddler's Creek 1013/20 feet 1013/20 feet 1013/20 feet 0.5BH'3. 150311154 Cluster Housing/Townhouse 10 feet 10 feet 20 feet n/a Distance Between Structures The Antilles 10 feet 0/10 feet 0/10 feet 15 feet Fiddler's Creek 15 feet 0/15 feet 0.5 SBH 0.5 SBH Cluster Housing/Townhouse n/a n/a n/a n/a • i Zoned Height The Antilles 35 feet 35 feet 35 feet 42 feet Fiddler's Creek 35 feet 35 feet 35 feet 100 feet"'" I Cluster Housing/Townhouse n/a n/a n/a n/a Actual Height The Antilles 40 feet 40 feet 40 feet 45 feet z Fiddler's Creek n/a n/a n/a n/a Cluster Housing/Townhouse n/a n/a n/a n/a i 1 Fiddler's Creek classifies SFD unit attached and townhouses the same, whereas the LDC defines 1 a PUDZ-PL20150001459 The Antilles Page 11 of 25 Revised: December 12,2017 i i 1 �} I y !1 townhouses as a group of three(3)or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another. 2 Per unit o 3 Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area fr of 7,000 square feet. " 4 Minimum lot area per single-family unit. 1 i 5 Minimum lot width may be reduced by fifty percent (50%) for cul-de-sac or curved frontage lots provided minimum lot area requirement is still maintained,and minimum lot widths are obtained at front of i the buildable area when setbacks are applied. 1 i 6 Cul-de-sac lots 3 7 For MFD units,the front yard setbacks shall be measured from back of curb or edge of pavement,if not curbed. For all other unit types, front yard setbacks shall be measured from the right-of-way line. The minimum fifteen(15)-foot front yard setback may be reduced to twelve(12)feet where the unit has a recessed or side-entry garage. Front-loading garages shall be setback a minimum of 23 feet from edge of sidewalk. a For corner lots,only one(1)front yard setback shall be required. The yard that does not provide vehicle access shall require a ten(10)-foot setback. it 9 SFD units which provide for two (2)parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five(5)feet for the garage and fifteen(15)feet for the remaining structures. 1 1° Zero-lot-line on one(1)side. ' i " Zero(0)lot line,otherwise ten(10)feet for principal structures,or one-half('h)the height of the sum of i the walls facing one another,whichever is greater. i 12 Measured from Perimeter Buffer or Lake Maintenance Easement. r 13 With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on = lots which abut a golf course, lake, open space, or reserve area. Setback from lake for all principal and t accessory uses may be zero(0)feet providing architectural bank treatment is incorporated into design and I subject to written approval from Project Plan Review. I 14 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. 1 15 Maximum height of structures shall be ten(10)stories or 100 feet,whichever is greater. Structures over 1 four(4)stories and fifty(50)feet in height shall be setback a minimum of the building height from a)PUD boundaries,except where the boundary is abutting a state-owned conservation land or where the PUD abuts rural-designated land;and b)where the abutting land use(on a separate tract)is a single-family attached or detached dwelling unit. t i I PUD FINDINGS: 1 f LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make 1 findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 4 I PUDZ-PL20150001459 The Antilles Page 12 of 25 Revised: December 12,2017 i 1 i 1 1 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water, and other utilities. The subject site fronts on Port Au Prince Drive. The northwestern portion of the property is located approximately 2,870 feet east of Collier Boulevard. Water and wastewater facilities are located within the right-of-way, and each has enough capacity to serve the proposed RPUD. Drainage solutions would be evaluated in connection with SDP/platting and construction permits. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in thosero osed p p , particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. • As described in the StaffAnalysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD is required to provide at least 60%of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be 3. demonstrated at the time of SDP or platting. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time PUDZ-PL20150001459 The Antilles Page 13 of 25 Revised: December 12,2017 5 ii t s I s. s. of first development order (SS or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's 1 development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate i expansion. The area has adequate supporting infrastructure, such as wastewater disposal systems and Y potable water supplies,to accommodate this project based upon the commitments made by 1 the petitioner,and the fact that adequate public facilities requirements will continuously be l' s addressed when development approvals are sought. $ 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Six deviations are proposed in connection with this request to rezone to RPUD. See deviations section of the staff report. Rezone Findings: u LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and s recommendations to the planning commission to the Board of County Commissioners...shall show N that the planning commission has studied and considered proposed change in relation to the following when applicable": 1 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. i 2. The existing land use pattern. 1 1 The existing land use pattern (of the abutting properties) is described in the Surrounding I Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. F 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. I There are no other RPUDs located within the immediate vicinity of the subject property; however, properties that abut the project to the east and south are zoned PUD and allow for residential uses. For all intents and purposes, the abutting PUD zoning district is a s similar and related zoning classification to the proposed district, because the County did 5 not adopt the RPUD zoning district until 2004(pursuant to Ordinance 04-41). Therefore, the proposed petition would not create an isolated district unrelated to adjacent and nearby 1 PUDZ-PL20150001459 The Antilles Page 14 of 25 Revised: December 12,2017 i I districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The square-shape boundary of the RPUD logically follows the external boundary of the parcels assembled for the rezoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Thero osed change is not necessary,p per se,but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed RPUD is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected j types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Y' The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e.,GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed RPUD request is not anticipated to create drainage problems in the area. Water quality for this project will be controlled through Stormwater Best Management Practices (BMPs), Stormwater Pollution Prevention Plan (SWPPP), Urban Stormwater Management Program (USMP), on-site stormwater treatment, attenuation storage, and an Environmental Resource Permit(ERP)from the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at time of SDP and/or plat review. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this RPUD would reduce light or air to the adjacent areas. PUDZ-PL20150001459 The Antilles Page 15 of 25 s Revised: December 12,2017 1 1 t il1 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development !. of adjacent property in accordance with existing regulations. 1 The abutting site to the north is currently undeveloped and staff does not anticipate this proposed RPUD would serve as a deterrent to its improvement. I 12. Whether thero osed change will constitute a grant of special privilege to an P Pt individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,the proposed change does i not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. c 13. Whether there are substantial reasons why the property cannot be used in accordance r with existing zoning. 1 The proposed uses and development standards cannot be used in accordance with the existing classification. n t 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed uses and associated development standards and developer t commitments will ensure that the project is not out of scale with the needs of the community, l I i 15. Whether is it impossible to find other adequate sites in the County for the proposed k use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not 1 specifically review other sites in conjunction with a specific petition. 4 1 16. The physical characteristics of the property and the degree of site alteration, which 1 would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 1 i PUDZ-PL20150001459 The Antilles Page 16 of 25 Revised: December 12,2017 i 1 i 1 is Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process, 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 (APF),and the project will need to be consistent with regarding Adequate Public FacilitiesI all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety,and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking six deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation is outlined below. • Proposed Deviation#1 (Width of Rights-of-Way) f "Deviation #1 seeks relief from LDC Section 6.06.O1.N, "Street System Requirements," which requires minimum local street right-of-way width of 60 feet, to allow for a 50-foot right-of-way minimum width for the private streets internal to the proposed development." Petitioner's Justification: The applicant responded to this request as follows: Minimum right-of-way width of 50 feet is requested for local streets within the Antilles RPUD. This deviation is justified because of the size and the small-scale neighborhood character of this project. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular,pedestrian and bike traffic while accommodating all utility and drainage needs. The 50- foot right-of-way accomplishes traffic calming to provide a safer transportation system within the neighborhood PUDZ-PL20150001459 The Antilles Page 17 of 25 Revised: December 12, 2017 i t i 3 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the I community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is"justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." t Proposed Deviation#2 (On-Premises Directional Signs) "Deviation #2 seeks relief from LDC section 5.06.02.B.5, "Development Standards for Signs within Residential Districts", which requires on-premises directional signs to be setback a minimum of 10' from edge of roadway, to allow a setback of 5' from the edge of a private roadway/drive aisle." Petitioner's Justification: The applicant responded to this request as follows: ,, This deviation will allow locational flexibility for directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring i a cohesive appearance and increased aesthetic appeal.All directional signage will meet the Clear sight Distance requirements in accordance with LDC Section 6.06.05. i Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance I with LDC Section 10.02.13.A.3, the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health,safety and welfare of the community,"and LDC Section I 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public i purposes to a degree at least equivalent to literal application of such regulations." 4. i Proposed Deviation #3 (Model Homes) q "Deviation#3 seeks relief from LDC Section 5.04.04.B.3.e "Model Homes and Sales Centers", which limits temporary use permits for model homes to 3 years,to allow a temporary use permit of 5 years without the need to request approval of a Conditional Use petition." i Petitioner's Justification: The applicant responded to this request as follows: 1 This deviation is requested to allow temporary permits for model homes to be a duration of 5 years which is consistent with the projected buildout of this community as outlined in the TIS. It is reasonable and appropriate to have model homes available to tour during the entire sales and buildout period. The models will be clustered in one area and separated from occupied homes as much as practicable in order to minimize any potential or perceived impact to future residents. 1 1 The LDC already allows this use on a temporary basis, provides a standard time limitation that 1 applies to all developments and requires a Conditional Use to determine if the extended period is adequate. The Conditional Use process is redundant and not required in this case since the PUD process provides oversight and the ability to determine the project's buildout period. ' i i PUDZ-PE20150001459 The Antilles Page 18 of 25 1 Revised: December 12,2017 3 i Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3,the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and LDC Section { 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation#4 (Off-Street Parking) l; "Deviation #4 seeks relief from LDC Section 4.05.04 "Parking Space Requirements", which requires recreational areas within multi-family developments to calculate parking at 50% of normal requirements where the majority of dwelling units are not within 300 feet of the recreation facilities and at 25% of normal requirements where the majority of dwelling units are within 300 feet of the recreation facilities to allow the parking requirement for the recreation facility to be calculated at 25%." Petitioner's Rationale: The applicant responded to this request as follows: Deviation #4 will apply only if the project is developed as multi family. The deviation is being requested in order to substitute 20 of the 54 required parking spaces at the recreation facility with golf cart and off-site overflow vehicle parking spaces. A total of 60 parking spaces (including 14 golf cart spaces) will be available for the recreation facility, as shown on the chart below. Throughout the entire Antilles development, required parking spaces are provided entirely under the buildings, Overflow surface parking is also provided at each building. The deviation requests that the parking calculation for those multi family developments with over 50% of the units that are located within 300 feet of the recreation facility be used. The Antilles recreation facility is centrally located within the development and will be within 300 feet of 60 { units, or 22%. The remaining units are further than 300 feet from the recreational facility, however, the community has been designed to accommodate pedestrians, bicyclist and golf carts. A complete sidewalk plan interconnects each building with one another, as well as the recreation area, Golf cart parking is accounted for in addition to surplus vehicle parking adjacent to all of the residential buildings, as well as 14 golf cart spaces at the recreation facility, as shown in the table below. Golf cart spaces are provided under each residential building as well. As shown in the table below, parking calculated at 50%for the applicable uses within the recreation area equals 54 spaces. Likewise, 25%equals 32 spaces. This deviation is requesting a reduction in the requirement to allow the recreation area to provide 34 vehicle spaces, 14 golf cart spaces, and overflow parking just outside of the rec area of 12 spaces for a total of 60 spaces, plus bicycle parking as required by the LDC. PUDZ-PL20150001459 The Antilles Page 19 of 25 Revised: December 12,2017 REDUCTION REDUCTION REQ'D QUANTITY UNIT # TO 50%FOR TO 25%FOR f. SPACES MULTI- MULTI- 1 1 CATEGORY FAMILY FAMILY i ,E Recreation Facilities Indoors 1/100 sf 2352 SF 24 12 6 1 Includes: Fitness/Game Room/ Bingo Recreation Facilities outdoors 3/court 0 Court 18 9 4.5 Includes: 4 Pickleball/2 Bocce Office 1/300 sf 2810 SF 10 10 10 Swimming Pool 1/75 sf 1000 SF 13 7 3.5 1 5,000 sf assumed 1/125 sf 4000 SF 32 16 8 TOTAL PARKING 1 SPACES REQUIRED 69 54 32 PARKING SPACES 1 i PROVIDED ON 1 RECREATION AREA 34 SITE ' GOLF CART PARKING SPACES PROVIDED ON 1 RECREATION AREA 14 SITE OVERFLOW PARKING PROVIDED 12 TOTAL RECREATION AREA PARKING 60 Bicycle Parking 5%Of ( 3 I 2 Car# J Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community,"and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #5 (Preservation Standards) "Deviation#5 seeks relief from LDC Section 3.05.07.A.5, Preservation Standards which requires preserve areas to be interconnected within the site, to permit the potential future roadway PUDZ-PL20150001459 The Antilles Page 20 of 25 Revised: December 12,2017 a 1 , i interconnection, as shown on the PUD Master Plan, to cross the existing preserve located along the northern boundary of the PUD." i Petitioner's Justification: The applicant responded to this request as follows: Deviation #5 will only come into play if the property to the north is developed in the future. This deviation is being requested to allow a potential future roadway interconnection with the property to the North in the event that property is developed. This potential roadway would allow motorized and non-motorized interconnectivity which could provide access and walkability benefits to the residents of both communities. The minimum preserve requirement for the Antilles project is 4.04 acres. The proposed preserve area depicted on the current Master Plan is + 5.036 acres which exceeds the minimum requirement. If the roadway interconnection is built the applicant commits to maintaining the minimum required preserve of 4.04. If the roadway interconnection is never built the residents of this community will benefit from greater open space and natural vegetation. If the roadway interconnection is built in the future, a replat will be necessary and the roadway will be identified as a separate tract at that time. i Staff Analysis and Recommendation: Collier County GMP CCME Policy 6.1.1. (13) states, b "The County may grant a deviation to the native vegetation retention requirements of CCME Policy 6.1.1 (2)"which states: x The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the 1 preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land a Development Code. This policy was set forth in LDC Section 3.05.07 A.5. which states "Preservation areas shall be F interconnected within the site and to adjoining off-site preservation areas or wildlife corridors." l Environmental Planning staff recommends approval of this deviation as the project is providing an additional acre of preserve above the minimum requirement of 4.04 acres. . i. Proposed Deviation#6 (Sidewalks) i "Deviation#6 seeks relief from LDC Section 6.06.02.A,which requires construction of five-foot wide 4 sidewalks on both sides of local streets,to allow a single five-foot wide sidewalk on the south side of 1. the entrance roadway and a single five-foot wide sidewalk on the south side of the roadway stub as 1 indicated on the master plan. The remainder of the sidewalks on the spine road will meet LDC Section 6.06.02." i Petitioner's Justification: The applicant responded to this request as follows: I Due to the constraints created by the configuration of the project and the preserve area i 1 requirements, the street right-of-way width is restricted at the north side of the entrance on Indies Drive East. A sidewalk is provided on the south side of the entrance creating an interconnection i at the entrance to and within the project. The area to the north of the entrance at Indies Drive East k i k PUDZ-PL20150001459 The Antilles Page 21 of 25 i Revised: December 12,2017 i . T 1 i is preserve area, therefore no homes are located on the north side of the entrance road. A typical right-of-way section is provided on Exhibit J. The roadway stub located at the west end of Indies Drive East is adjacent to a lake area and no homes are to be located along this section.A sidewalk is provided on the south side of Indies Drive East providing interconnection within the project. A typical right-of-way section is provided on Exhibit I. ff As proposed, the sidewalks will provide a comprehensive circulation throughout the community. Other than the identified stub-out location and the project entrance, the proposed sidewalk network meets the requirement of providing sidewalks on both sides of the road and ensures that all homes are provided pedestrian access and fully interconnected to one another. The proposed deviation will not adversely impact pedestrian mobility,public health and safety, nor is it contrary to the intent of the sidewalk requirements. This deviation will also allow us to avoid impacts to the preserve area. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3,the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health,safety and welfare of the community,"and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING(MM): The applicant conducted a NIM on May 10, 2016 at the South County Regional Library at 8065 Lely Cultural Parkway in Naples. The meeting commenced at approximately 5:44 p.m. and ended at 7:17 p.m. The NIM meeting minutes are included in Attachment B. The petitioner proposed 280 MFD units or 138 SFD units with a maximum building height of 42 feet. Many of the questions from the public dealt with the proposed building height,lighting,noise,setbacks,selling price, building types, density, landscaping, traffic, anticipated date for commencement of 1' t construction, and trees that were apparently cut down. A second NIM was held on January 26, 2017 at the same venue as the first NIM. This meeting commenced at 4:34 p.m. and ended at 5:18 p.m. The applicant gave a presentation, highlighting the main differences in the project between the first MM and this NIM. The minutes for this meeting are also included in Attachment B. The public asked questions pertaining to proposedit sidewalks, landscaping and buffering, building height, base flood elevation, installing a traffic signal, and whether the project would be gated community. At this NIM,the petitioner proposed less MFD units at this NIM than the previous NIM(i.e.,212 MFD units compared with 280 MDF units). Similar to the original NIM,the petitioner presented a maximum building height of 42 feet; however, at this NIM, the petitioner committed to restrict the building height along the east and south boundaries to two(2)stories,a zoned height of 30 feet,and an actual height of 35 feet. These east and south buffers would also be"enhanced." Also,the buildings along the south boundary of the RPUD would be setback at least 40 feet from the existing wall that was installed within the buffer of the Marco Shores/Fiddler's Creek PUD. The dwelling units proposed along the southern PUDZ-PL20150001459 The Antilles Page 22 of 25 Revised: December 12, 2017 boundary of the RPUD would be designed as a "4-plex Type A" building below). style (see rendering -plex Type A - along southern boundary iit,'-fil-,*".1:7,*;*,,,-,,,,-'- s , fi , -t<: am , Similar to depicted Club Marco Units The petitioner is proposing 1)of such 4-plex Type A buildings. Along the eastern boundary of the 1tPUD,the dwellings would be designed as a"4-plex Type B" building style, similar to the below rendering: 4-plea Type B --- along eastern boundary 1 t t I Similar to depicted Artesia units 1 PUDZ-PL20150001459 e Page 23 25 Revised: Th December 12,2017 Antilles t 1 I One of the drawings presented at the NIM illustrated nine 4-plex Type B building along the east property line of the RPUD. The colors and finishes of both building types would be similar to The Moorings at Grey Oaks. The NIM presentation included two line-of-sight drawings. The first focused on the RPUD's south buffer, illustrating how the new buildings proposed along this perimeter would be screened from the homes in Marco Shores/Fiddler's Creek PUD by a 15-foot wide buffer in conjunction with an existing 15-foot wide perimeter buffer from within the Marco Shores/Fiddler's Creek PUD. This drawing was complimented by others that were presented at the NIM, illustrating the anticipated buffering along the RPUD's south boundary. Another line-of-site drawing was provided, illustrating the buffer proposed along the RPUD's east property line. This drawing showed a 15- foot wide buffer proposed in the RPUD and a 15-foot wide buffer in the Marco Shores/Fiddler's Creek PUD, but it also illustrated the existing green space of the Mulberry Lane right-of-way located within Marco Shores/Fiddler's Creek PUD. These elements, according to the drawing, would provide for three layers of buffering. The desired vegetated "shield" would be similar to Marbella Isles along Airport-Pulling Road. All drawings presented at the NIM have been included in Attachment B. ENVIRONMENTAL ADVISORY COUNCIL(EAC)REVIEW: This project does require Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, a deviation related to the native vegetation requirements of CCME Policy 6.1.1(2), is being requested. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on December 4, 2017. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) NIM Materials C) Correspondence E PUDZ-PL20150001459 The Antilles Page 24 of 25. Revised: December 12,2017 1 1 I PREPARED BY: .�A-----kl _ 1 \ 30 1 / TIMOTHY FINK,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: 1 111 !t (L"Ifi � • RAYM I ' 11 .BELL•WS, ZONING MANAGER ttti DATE ZONINF PIVISION-ZONING SERVICES SECTION 1 2 /I1 MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: J ES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT / .a//d•/i-.) i i Tentative Board of County Commissioners Hearing Date February 13,2018. i PUDZ-PL20150001459 The Antilles Page 25 of 25 Revised: November 21, 2017 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Friday, February 09, 2018 8:51 AM To: FialaDonna Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself, attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr. Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil 1 BrownleeMichael From: Joe Harlan <harianjoel @gmail.com> Sent: Wednesday, May 04, 2016 1:24 PM To: FialaDonna Cc: Joe Harlan Subject: Antilles Rezoning RPUD, Port Au Prince Dr. Categories: Orange Dear Commissioner Fiala I have a house in the Majorca section of Fiddlers and I have some concerns relating to the Rezoning of the Antilles RPUD at the east end of Port Au Prince Drive in Section 15,Township 51 South, Range 26 East Collier County. I feel that the proposal by the developer is not consistent with the existing zoning and the properties that have been built both abutting the property and in the area off of Colier Boulevard. Presently the residential neighborhoods are either, one story homes or a maximum of two story condominium building's. I believe that one of the options that the developer is proposing is a Multi Family dwelling unit that is a 3 story building on top of an above grade parking garage.This would make the height of the building from 48' to 60" depending on the roof structure (flat or sloped).The significant height of these proposed 4 story buildings are not consistent with the neighboring developments . In addition,the tall height of the buildings would be visible from the surrounding neighborhoods and take away from the present aesthetics of the area.When I bought my home in Fiddlers Creek I was relying that the Port Au Prince property would remain as it was initially zoned as Mobile Home/Modular Home District that would not allow a building over one-two stories above grade. I also am concerned that the height of the buildings will negatively affect the value of the homes and condominiums in Fiddlers Creek that are near to the development due to the large scale and height. I will be out of state and will not be able to attend the Neighborhood Information meeting that is to be held MaylOth concerning this Rezoning request and I do not believe that the present Rezoning proposal from the developer should be approved by Colier County. I would like to see the development move forward but at a height limitation of two stories above grade. Thank you for taking my comments into consideration and feel free to pass my e-mail along to any Colier County Planning and Zoning staff that are involved in this Rezoning proposal Sincerely Joe&Wendy Harlan 8568 Majorca Lane Naples, Florida 34114 (614)-296-8439 1 BrownleeMichael From: Phillip Brougham <phillip.brougham©gmail.com> Sent: Monday, May 16, 2016 11:49 AM To: BrownleeMichael Cc: FialaDonna Subject: Dennis Albaugh/DRA Properties Categories: ATTENTION, PRINTED http://www.prairietrailankeny.com/ Michael, The link above brings you to a web site of a development out in Iowa that the principal of is proposing to develop Antilles in Diamond Shores. Please show the site to Commissioner. Phil 1 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Saturday, February 10, 2018 10:57 AM To: FialaDonna Cc: BrownleeMichael Subject: RE: BCC Agenda Item 17 B- February 13-Antilles-Further Donna I looked at the transcription summary of the last NIM and the question was asked if there will be any improvements of Port au Prince Road and the response was none were planned at this time. Phil Original Message From: FialaDonna [mailto:Donna.Fiala@colliercountyfl.gov] Sent: Saturday, February 10, 2018 9:13 AM To: Phil Brougham <phillip.brougham@gmail.com> Cc: BrownleeMichael <Michael.Brownlee@colliercountyfl.gov> Subject: Re: BCC Agenda Item 17 B- February 13-Antilles That's great. I've been following it closely, and just drove back there to see how it looked, but couldn't get any further than the wood wall that separated the property. I know you've been working hard, and I also attended that NIM. I really like the project and feel it will definitely add a new and positive demention to that area. Do you know if they will address the road along Port au Prince? It was mentioned about a year ago, and at that time I also seem to remember they would improve the road, add some lights and landscaping, and really give a new appearance to that front area. Do you have any word on that? I've already talked to the developers representative, and said I think they are doing a great job in listening to the surrounding community and working with them. Donna Donna Fiala Collier County Commissioner, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 P: (239) 252-8601 F: (239) 252-6578 I am not home accepting the things I cannot change, I am out changing the things I can not accept. From: Phil Brougham <phillip.brougham@gmail.com> Sent: Friday, February 9, 2018 8:50 AM To: FialaDonna 1 Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself, attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr.Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil 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 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Monday, February 27, 2017 5:42 PM To: FialaDonna Subject: RE: 2017_02_26-27 Update on Antilles Development-SFWMD Permit Application- Correction!!!!— Categories: ATTENTION, PRINTED Donna Below I state the revised PUD commits to a max height of 45 feet. Actually it is 35 feet above ground level. Sorry Phil From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, February 27, 2017 4:52 PM To: 'FialaDonna' Subject: RE: 2017_02_26-27 Update on Antilles Development- SFWMD Permit Application Donna I do not know this man either however I think that he is making some significant and erroneous assumptions about Antilles. I am not an engineer but the County has very qualified staff to check and evaluate this PUD application. It seems he is relying a lot here on an assertion that Mr. Albaugh who is the Developer will have to bring in loads of fill to bring the level up to above flood level by the required amount. The regulation, as I understand it, requires that the "first" floor of the dwelling be a certain number of feet above sea level. Mr. Albaugh will accomplish this by putting the first floor of the living area above the garages, thus no fill. I am certain that between Mr. Yovanovich, Patrick Vanesse (Engineer) and Eric Johnson on County Staff, they can more factually inform you concerning Mr. Bury's assertions. I would seek their comments before I would schedule any meeting with this guy. I do not agree with his assertions, assumptions or contentions that the buildings proposed would "tower" over the fence line. The revised PUD application commits to a max height of 45 feet above ground period around the perimeter. This development given its recent modifications, is a MUCH better alternative than another trailer park, which he could put in there right now if he wanted to given its current zoning. I also do not agree that "many" of his neighbors object to what is now being proposed after the modifications resulting from the first NIM. He is way off base. The revised/amended plan will reduce the density some 60 units from what he could build. I am absolutely certain that the County, the SWFWMD and others will do a thorough review of this application for compliance prior to approval. I am just suggesting that you get staff input/rebuttal prior to meeting with him. Bob Slater(president of Bent Creek HOA), myself(president of Pepper Tree HOA) and Dave Yates (president of Mulberry Row HOA) have all attended the NIMs, and endorsed the revised plans. IF (big if)the revised PUD application violates current i zoning, environment or water management regulations, I am sure that these will be pointed out and/or corrected before or during the Planning Commission and BCC hearings. I still fully support this project. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Monday, February 27, 2017 3:59 PM To: Phil Brougham <phillip.brougham@gmail.com> Subject: FW: 2017_02_26-27 Update on Antilles Development- SFWMD Permit Application Hi Phil, Please read this and tell me what you think. I do not know this man, nor have I ever spoken to him, but the project seems like a much better opportunity that could happen rather than the alternative. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East, Suite #303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net CountY If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: Bill Bury [mailto:b bury@yahoo.com] Sent: Sunday, February 26, 2017 2:44 PM To: FialaDonna; BrownleeMichael Subject: 2017_02_26-27 Update on Antilles Development- SFWMD Permit Application Dear Ms. Fiala, and Mr. Brownlee, Congratulations on your new Community Center- what an honor. Please find the attached documents updating you of the Actual versus Zoned heights of our new neighbor's proposed multi-family houses along with a PDF print from the South Florida Water Management District's offices permit review which has also been in process for a few years now, and which has not received engineering documents requested some time ago, nor have they received a mitigation plan to fully address how the developer plans to re-develop this property. . 2 If the need exists to raise the site and finished floors 7'-0" to exceed the flood plain this will cause a potential for increased flooding to the wetlands at the NE corner and North as well as to the Port Au Prince community to the West In addition, the effective heights will surely tower above any existing fences now that the tree lines have been removed regardless of enhanced buffers proposed. It is my opinion and that many of my fellow neighbors that no concessions should be made to this developer and that this re-petitioned, re-zoning, re-development application should be opposed by us all for economic and environmental reasons. Will be calling your offices on Monday to schedule a meeting. Thank you for your continued service of the people. Respectfully, Bill Bury 8448 Bent Creek Ct. Naples, FL 34114 (239) 398-9963 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 BrownleeMichael From: FialaDonna Sent: Monday, January 30, 2017 3:29 PM To: 'Phil Brougham' Subject: RE: Antilles (Port Au Prince) NIM Thanks ever so much for filling me in. I've been wondering Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net ter County If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, January 30, 2017 3:15 PM To: FialaDonna Subject: RE: Antilles (Port Au Prince) NIM Donna The NIM went fine. Quite a few less people there than the last time but still a good turnout. Nice presentation and positive comments and neutral questions. There is one item that needs worked out between the developer and the Fiddler's Creek CDD#1 that I noted and brought up to them after the meeting concerning them planting trees on the CDD right of way. I don't think it will prohibit going forward but needs a formal resolution. Phil From: FialaDonna [mailto:DonnaFialacwcolliergov.net] Sent:Wednesday,January 18, 2017 12:02 AM To: Phil Brougham <phillip.brougham@gmail.com> Subject: RE:Antilles(Port Au Prince) NIM Gosh, it sounds like a dream come true! I hope people can see that these people have gone out of their way to work with Fiddler's. Let's hope it passes the NIM. 1 Donna From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Tuesday, January 17, 2017 12:51 PM To: FialaDonna Subject: Re: Antilles (Port Au Prince) NIM Mike Bummer. Please be certain she views my last email and if she wants to discuss ask her to call any time. Her ultimate approval is vital Phil On Jan 17, 2017, at 12:48 PM, FialaDonna <DonnaFiala@colliergov.net>wrote: Phil, FYI, Her Island Advisory Committee meeting in Marco is scheduled for the same time as the NIM so it's doubtful she can attend. Regards, Michael Brownlee Executive Coordinator to Commissioner Donna Fiala, District#1 W. Harmon Turner Building- Bldg"F" 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 P: (239) 252-8601 F: (239) 252-6578 MichaelBrownleeC«@colliergov.net 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. From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, January 16, 2017 12:31 PM To: FialaDonna Subject: Antilles (Port Au Prince) NIM Donna 2 I am sure you were notified but just in case, the second NIM for Antilles is scheduled for the South Regional Library on January 26th at 4:30pm. As I have previously mentioned, I have met with Dennis Albaugh twice since the first NIM last year and he has subsequently modified his original plan to reduce the number of units proposed, limit the structures on the East and South (abutting Fiddler's Creek) to 35 feet and ne story over a garage. Additionally, he has agreed to a greatly enhance landscape buffer along those same sides with a 40 foot distance between the border fence and his structures. All told, these are significant and positive changes. 1100% endorse his proposal. Please plan on attending the NIM if possible. Phil Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 BrownleeMichael From: Joe Schmitt<jschmitt@comcast.net> Sent: Monday, May 23, 2016 8:01 PM To: 'Phillip Brougham'; FialaDonna Subject: RE: Diamond Shores Categories: PRINTED And he could probably get a better price for the modified units. Joe Joseph K.Schmitt Office: 239-417-9147 Cell: 239-248-4931 Original Message From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 23, 2016 7:54 PM To: 'Joe Schmitt'<jschmitt@comcast.net>; 'FialaDonna' <DonnaFiala@colliergov.net> Subject: RE: Diamond Shores Donna I agree with everything Joe said. Bottom line, hopefully he can modify his request and put 1 story over parking around perimeter and two story over parking on the inner loop. If not, if I were voting on the BCC, I would approve it. Phil Original Message From:Joe Schmitt [mailto:jschmitt@comcast.net] Sent: Monday, May 23, 2016 7:43 PM To: 'Phillip Brougham'<phillip.brougham@gmail.com>; 'FialaDonna' <DonnaFiala@colliergov.net> Subject: RE: Diamond Shores Donna I basically agree with Phil. Though 2 stories over parking is a bit excessive,the plan they presented is much better than mobile home or low income affordable housing. Realistically, I think he would have a problem making it a mobile home park as the area is well below the required Base Flood Elevation. Back when I was with the county we looked at this site as an option for FEMA trailer just in case the need ever arose. FEMA said that they could not use that site due to the low elevation. One option they could consider is a high end Motor Coach park similar to Pelican Lakes. Regardless, eventually something will be build there and I definitely prefer it be something decent and somewhat compatible with Fiddler's. As I mentioned during the meeting I still think the density is too high for the Coastal High Hazard Area (CHHA). Currently they have an existing density for MH of just over 7 units/acre. They are proposing to reduce it to approximately 6.4 units/acre. That is still too high considering that the CHHA allows for only 3 units/acre. Fiddler's Creek is 3.55 units/acre. 1 Of course their claim is that they current density is"grandfathered" by the clause in the GMP. I not sure that is entirely correct as they are seeking a complete rezoning to PUD with new development standards. My assessment is that the BCC could reduce the density to a more acceptable level. One option they may want to explore is putting lower units along the fence line especially along the Bent Creek Village property line. Maybe consider 1 story over parking along the fence line. Yes, the tree damage was a dumb move on the developer's part and caused more unneeded anxiety. Unfortunately,the messages going out to the community is raising even more anxiety and frankly is a stretch. This development will not destroy the harmony of Fiddler's. I live on Mulberry Lane away from the proposed development and frankly other than the first few houses on the south end of Mulberry,there will be little to no impact. Though I have no roll with the community, I am available if you want to meet to discuss privately or with the developer. Joe Joseph K. Schmitt Office: 239-417-9147 Cell: 239-248-4931 Original Message From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 23, 2016 7:05 PM To: 'FialaDonna'<DonnaFiala@colliergov.net>; 'Joe Schmitt' <jschmitt@comcast.net> Subject: RE: Diamond Shores Donna My opinion is that the majority of the people I have talked to and heard at meetings object to the building height of 42 foot (two stories over parking). They do not want to look at the backside of those structures. The issue of chopping down the trees, I believe is separate from that although the original trees, if they were left alone, would have shielded that view to some extent. The residents who will be most exposed to the buildings would be those people in Bent Creek Village HOA. My understanding is that the developer is re-evaluating his options after the NIM. I don't know what that means other than I know in conversations with him that he does not believe single family homes will work for him but perhaps mobile homes might. Can't predict that I can safely say that Fiddler's Creek Foundation (Master Association) at this point will continue their opposition to multi- story homes in the Antilles development. My personal opinion, living in Pepper Tree Village bordering the Antilles development, is that a two story over parking would not be offensive to me. The alternatives, except for single family homes, are really worse choices which would be mobile homes or low income housing. The developer, Dennis Albaugh, can't understand the opposition to what he is proposing. I am trying to arrange a meeting between him and Village HOA presidents for June 1st or 2nd.. 2 Basically,you have Fiddler's Creek Foundation dead set against what he is planning.You also have some residents upset at the tree damage but that is being taken care of with new plantings and will/should not be an issue in a year in my opinion. Phil Original Message From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Monday, May 23, 2016 6:14 PM To:Joe Schmitt(jschmitt@comcast.net)<jschmitt@comcast.net>; Phil Brougham <phillip.brougham@gmail.com> Subject: FW: Diamond Shores Do people still want to object to this developer? I worry that they will sell, if it is rejected,to a low income housing developer who is buying up properties in this area right now. Please tell me how others feel about this. I thought, after learning more at the NIM,that it was a nice community with lots of extras, and it would be better than what is happening in other near-by communities. I hear it is all about the chopping down of trees, not the project itself. GUIDANCE PLEASE! Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Original Message From: FialaDonna Sent: Monday, May 23, 2016 6:10 PM To: 'G. Hanson' Subject: RE: Diamond Shores After hearing everything at the Neighborhood Information Meeting, and knowing the quality of building, do you still feel the same? I am worried that a low income housing company will buy it when it goes back on the market and then there would be a problem for sure. I know of one buying up lots of property 3 Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Original Message From: G. Hanson [mailto:gkhanson@gmail.com] Sent: Monday, May 23, 2016 5:56 PM To: FialaDonna Subject: Re: Diamond Shores Donna:Thank you for support. Sent from my iPhone >On May 9, 2016, at 2:42 PM, FialaDonna <DonnaFiala@colliergov.net>wrote: > >And I'll be there for you. > > Donna > >Commissioner Donna Fiala, District 1 > 3299 Tamiami Trail East,Suite#303 > Naples, FL 34112 > (239) 252-8601 > > DonnaFiala@CollierGov.net > > > If I am not home accepting the things I can not change, I am out >changing the things I can not accept. > > > 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 >-----Original Message > From: G. Hanson [mailto:gkhanson@gmail.com] >Sent: Monday, May 09, 2016 1:58 PM >To: FialaDonna >Subject: Re: Diamond Shores > Donna: I am again requesting that you support Fiddlers Creek residents regarding the Diamond Shores project.This project will further diminish property values. I do not believe a tent city, 3 story condos over a garage and a strip of low end Food chains are of any benefit to residents of Fiddlers Creek.Your assistance and support is requested. >Thank you in advance for your assistance. >Sent from my iPhone >>On Apr 30, 2016, at 9:11 AM, G. Hanson<gkhanson@gmail.com>wrote: >>The proposed development of Diamond Shores could significantly impact residents of Fiddlers Creek. It is my opinion that planned development can be beneficial to residents of east Naples which is experiencing tremendous growth. However,this proposal represents overdevelopment which DOES not benefit anyone long term. I know you will feel the same and hope you will have the courage to act accordingly. >>Gary Hanson » Fiddlers Creek resident >>Sent from my iPhone > 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. 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. 5 BrownleeMichael From: Donna Fiala <donnafiala@gmail.com> Sent: Monday, May 16, 2016 10:58 PM To: FialaDonna Subject: Re: FW: Dennis Albaugh/DRA Properties That's impressive! I hope all goes well and they can move forward. It was be quite an asset to that area of 951/Port au Prince. it will probably stimulate better growth for the rest of that little "island" that truly needs some upgrading. You might want to send it to a few people in Fiddler's - maybe Bob Rommel and Joe Schmitt for a start. Hugs, Donna On Mon, May 16, 2016 at 3:37 PM, FialaDonna <DonnaFiala@colliergov.net>wrote: From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 16, 2016 11:49 AM To: BrownleeMichael Cc: FialaDonna Subject: Dennis Albaugh/DRA Properties http://www.prairietrailankeny.com/ Michael, The link above brings you to a web site of a development out in Iowa that the principal of is proposing to develop An-biles in Diamond Shores. Please show the site to Commissioner. Phil Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Brawn lee Michael From: FialaDonna Sent: Thursday, January 26, 2017 10:57 AM To: 'JoeSchmitt' Subject: RE: NIM I'm SO glad you'll let me know how it went.Thanks for being there when we/I need you. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net C�c> Cou3' If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: JoeSchmitt [mailto:jschmitt@comcast.net] Sent: Wednesday, January 25, 2017 12:13 PM To: FialaDonna Subject: RE: NIM Yes, it TX working a proposal for Department of State. Regarding the NIM, yes, it appears that the developer has made several modification and it looks like a good project. Last thing I want in that area is another Habitat project which could happen if this guy chooses to walk. Next week I'll be meeting with the ULI study team to provide my input on affordable housing. I'll let you know how that goes. It will be interesting. From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Wednesday,January 25, 2017 9:58 AM To:JoeSchmitt<jschmitt@comcast.net> Subject: RE: NIM They were in my office today, and it sounds like the answer to every one's concerns. I was impressed with how far they have come to respond to Fiddler's objections. It really sounds like a great project now.Tell me what you think when you return. Okay? I hope you are enjoying your time in Texas. Probably work, but you like work. Donna 1 Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net ger Ccau If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: JoeSchmitt [mailto:jschmitt@comcast.net] Sent: Wednesday, January 25, 2017 10:52 AM To: 'Phil Brougham'; FialaDonna; 'Christopher Shucart'; 'Jean Kungle';jpusat6700@aol.com; 'Karen Homiak'; c5naples@aol.com Subject: RE: NIM Donna I will not be able to attend as I am currently in Fort Worth,TX. Returning Friday. I will certainly have an opportunity to review the proposal when it comes before the CCPC From: Phil Brougham [mailto:phillip.brougham@ gmail.com] Sent:Wednesday,January 25, 2017 9:30 AM To: 'FialaDonna' <DonnaFiala@colliergov.net>; 'Christopher Shucart'<chris@portoftheislandsmarina.com>; 'Jean Kungle'<jeankungle@gmail.com>; ipusat6700@aol.com; 'Karen Homiak' <ARWKJH@aol.com>; c5naoles@aol.com Cc: 'Joe Schmitt'<ischmitt@comcast.net> Subject: RE: NIM Donna I will be there and will speak in favor of Mr. Albaugh's revised plans for Antilles. He has been very responsive to Community input. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Wednesday,January 25, 2017 10:19 AM To: 'Christopher Shucart' <chris@portoftheislandsmarina.com>;Jean Kungle<jeankungle@gmail.com>; jpusat6700@aol.com; Karen Homiak (ARWKJH@aol.com) <ARWKJH@aol.com>; c5naples@aol.com Cc: Phil Brougham <phillip.brougham@gmail.com>;Joe Schmitt (ischmitt@comcast.net) <jschmitt@comcast.net> Subject: NIM There is a NIM tomorrow for the Antilles at Diamond Shores(Port au Prince), next to Fiddler's Creek.This sounds like a great development and eliminating a scourge to the area. I cannot attend because I have a 4pm meeting on Marco Island, but I encourage you (plead with you to attend)this meeting. I think it will be a great addition to our already great 2 community, and a positive for that area.There is one lady who doesn't like it, but I'm hoping the others are impressed with all the positive changes made on their behalf. The meeting is at 4:30 pm at the South Regional Library. Let me know if you can make it please. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net Cody If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 BrownleeMichael From: Phillip Brougham <phillip.brougham@gmail.com> Sent: Thursday, April 28, 2016 6:14 AM To: FialaDonna Subject: RE: Proposed Antilles Development Categories: PRINTED Donna Thank you.The developer met with CDD staff before the tree incident and they said he could trim the trees provided he had an arborist supervise, provide CDD with license and insurance and trim in accordance with County ordinances. None of that happened and he just started cutting. Would love to see you at the NIM but I understand if you can't make it. I think it will be a crowd.The developer may be represented by Rich Y. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent:: Wednesday, April 27, 2016 9:18 PM To: Phillip Brougham Subject: RE: Proposed Antilles Development I certainly will. I would hope I have support on the commission that would back that effort. I can see single family homes because that would certainly fit into the character of F.C., and raise the level of property values for the entry areas along that road. I wonder if that developer hired someone to trim the trees but they didn't understand what they meant and ruined the trees instead??? I have put the NIM on my calendar. It's a commission day, but just maybe we'll be out of there in time for me to get over there. Donna From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent:Wednesday, April 27, 2016 11:20 AM To: FialaDonna Subject: Proposed Antilles Development Donna I don't know how informed you are about the proposed Antilles development. It is the area previously referred to as Diamond Shores. In any case they are holding a NIM on May 10th at 5:30 pm at the South Regional Library.They are proposing to change zoning from Mobile Homes to Residential with either 130 single family or 280 multi-family units. The multi-family would be at least three story buildings, probably plus roof eaves. In any case,the developer requested an easement to cross Fiddler's Creek CDD and Pepper Tree Village Association property to tie in to a potable water main. We both said no. We said no because this developer hat racked 50 ficus trees along a landscape buffer of Fiddler's Creek i CDD and the CDD is now faced with the cost of removal and replacement of the trees.The developer and the CDD are in a dispute over his actions. Notwithstanding his actions above, he never once approached Fiddler's Creek with an early look at his plans.The residents are totally against the increased density of a three or four story milti-family units bordering our community. In addition we don't want to have to "see" a three story building when we look that direction. When and if he moves forward with the zoning request, he will need a super majority of the BCC for approval. I trust that you will closely monitor the opinions of the residents of Fiddler's Creek in opposing any multi-family buildings on that tract. Phil 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 BrownleeMichael From: elyseeadkins@aol.com Sent: Saturday, May 07, 2016 11:40 AM To: FialaDonna; tjmarshallbooks@gmail.com Subject: Antilles- Port-Au-Prince Road and Fiddler's Creek Categories: Orange Thank you for updating us on the pending development literally over the fence as I live on Mulberry Lane in Fiddler's Creek. As you know, I and my husband are 100% against any multi-level housing project in what is known as Antilles. Having ridden my bike through the area that is now cleared as Antilles I can't imagine how the developer can squeeze that much housing in such a small area. I have also experienced intruders coming from Moon Bay Rd. entering through an opening in the fence and walking along Mulberry about a year ago. With any population growth ,incidents like this will be common place. Please Ms. Fiala, SAY NO TO MULTI-STORY HOUSING FOR ANTILLES. My property tax that was paid at the first of the year amounted to$9,000. To experience any loss in property value would be devastating for all of the surrounding homes and the community of Fiddler's Creek. Thank you for serving us as commissioner. Truly, Elysee and Tom Marshall, 7794 Mulberry Lane, 34114 1 BrownleeMichael From: Joe Harlan <harianjoel @gmail.com> Sent: Wednesday, May 04, 2016 1:24 PM To: FialaDonna Cc: Joe Harlan Subject: Antilles Rezoning RPUD, Port Au Prince Dr. Categories: Orange Dear Commissioner Fiala I have a house in the Majorca section of Fiddlers and I have some concerns relating to the Rezoning of the Antilles RPUD at the east end of Port Au Prince Drive in Section 15,Township 51 South, Range 26 East Collier County. I feel that the proposal by the developer is not consistent with the existing zoning and the properties that have been built both abutting the property and in the area off of Colier Boulevard. Presently the residential neighborhoods are either, one story homes or a maximum of two story condominium building's. I believe that one of the options that the developer is proposing is a Multi Family dwelling unit that is a 3 story building on top of an above grade parking garage.This would make the height of the building from 48'to 60" depending on the roof structure (flat or sloped).The significant height of these proposed 4 story buildings are not consistent with the neighboring developments. In addition,the tall height of the buildings would be visible from the surrounding neighborhoods and take away from the present aesthetics of the area.When I bought my home in Fiddlers Creek I was relying that the Port Au Prince property would remain as it was initially zoned as Mobile Home/Modular Home District that would not allow a building over one-two stories above grade. I also am concerned that the height of the buildings will negatively affect the value of the homes and condominiums in Fiddlers Creek that are near to the development due to the large scale and height. I will be out of state and will not be able to attend the Neighborhood Information meeting that is to be held MaylOth concerning this Rezoning request and I do not believe that the present Rezoning proposal from the developer should be approved by Colier County. I would like to see the development move forward but at a height limitation of two stories above grade. Thank you for taking my comments into consideration and feel free to pass my e-mail along to any Colier County Planning and Zoning staff that are involved in this Rezoning proposal Sincerely Joe&Wendy Harian 8568 Majorca Lane Naples, Florida 34114 (614)-296-8439 1 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Friday, February 09, 2018 8:51 AM To: FialaDonna Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself, attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr. Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil BrownleeMichael From: Phillip Brougham <phillip.brougham@gmail.com> Sent: Monday, May 16, 2016 11:49 AM To: BrownleeMichael Cc: FialaDonna Subject: Dennis Albaugh/DRA Properties Categories: ATTENTION, PRINTED http://www.prairietrailankeny.com/ Michael, The link above brings you to a web site of a development out in Iowa that the principal of is proposing to develop Antilles in Diamond Shores. Please show the site to Commissioner. Phil 1 BrownleeMichael From: Mary Ellen Neylon <MaryEllen@onn-fwa.com> Sent: Monday, May 09, 2016 5:28 PM To: FialaDonna Subject: PUDZ PL20150001459 The Antilles RPUD Categories: Orange Dear Ms. Fiala, My husband Charles T. O'Neill and I live at 2994 Aviamar Circle in Fiddlers Creek, Naples. I am writing with respect to the above referenced application to rezone the subject property from Mobile Home to Residential Planned Unit Development.We are strongly opposed to allowing the subject property to be rezoned to allow up to 280 multi family dwelling units. We would support the rezoning to allow the building of up to 138 single family dwelling units. We are unable to attend the Informational meeting scheduled for tomorrow May 10th since we will not be in Naples. We wanted to get our opposition to the multifamily dwelling proposal on the record. Many thanks for your consideration. Please keep us apprised of any decisions or new information. Mary Ellen Neylon maryellen@onn-fwa.com Charles T. O'Neill ted@onn-fwa.com 2994 Aviamar Circle Naples, FL 34114 239-231-4933 House 1 BrownleeMichael From: FialaDonna Sent: Saturday, February 10, 2018 9:13 AM To: Phil Brougham Cc: BrownleeMichael Subject: Re: BCC Agenda Item 17 B- February 13-Antilles That's great. I've been following it closely, and just drove back there to see how it looked, but couldn't get any further than the wood wall that separated the property. I know you've been working hard, and I also attended that NIM. I really like the project and feel it will definitely add a new and positive demention to that area. Do you know if they will address the road along Port au Prince? It was mentioned about a year ago, and at that time I also seem to remember they would improve the road, add some lights and landscaping, and really give a new appearance to that front area. Do you have any word on that? I've already talked to the developers representative, and said I think they are doing a great job in listening to the surrounding community and working with them. Donna Donna Fiala Collier County Commissioner, District 1 3299 Tamiami Trail East, Suite #303 Naples, FL 34112 P: (239)252-8601 F: (239)252-6578 I am not home accepting the things I cannot change, I am out changing the things I can not accept. From: Phil Brougham <phillip.brougham@gmail.com> Sent: Friday, February 9, 2018 8:50 AM To: FialaDonna Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself, attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr. Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will 1 effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil 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 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Saturday, February 10, 2018 10:37 AM To: FialaDonna Cc: BrownleeMichael Subject: RE: BCC Agenda Item 17 B- February 13-Antilles Donna Thank you but quite frankly I don't know one way or the other regarding improvements along Port au Prince road. Without researching, my memory is that there will not be any widening or sidewalks added to the roadway. Down near their entrance,that will be landscaped and improved for sure. I will be in attendance on Tuesday in any case. Phil Original Message From: FialaDonna [mailto:Donna.Fiala@colliercountyfl.gov] Sent: Saturday, February 10, 2018 9:13 AM To: Phil Brougham <phillip.brougham@gmail.com> Cc: BrownleeMichael<Michael.Brownlee@colliercountyfl.gov> Subject: Re: BCC Agenda Item 17 B- February 13-Antilles That's great. I've been following it closely, and just drove back there to see how it looked, but couldn't get any further than the wood wall that separated the property. I know you've been working hard, and I also attended that NIM. I really like the project and feel it will definitely add a new and positive demention to that area. Do you know if they will address the road along Port au Prince? It was mentioned about a year ago, and at that time I also seem to remember they would improve the road, add some lights and landscaping, and really give a new appearance to that front area. Do you have any word on that? I've already talked to the developers representative, and said I think they are doing a great job in listening to the surrounding community and working with them. Donna Donna Fiala Collier County Commissioner, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 P: (239) 252-8601 F: (239) 252-6578 I am not home accepting the things I cannot change, I am out changing the things I can not accept. From: Phil Brougham<phillip.brougham@gmail.com> Sent: Friday, February 9, 2018 8:50 AM 1 To: FialaDonna Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself, attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr. Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil 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 BrownleeMichael From: Phil Brougham <phillip.brougham@gmail.com> Sent: Saturday, February 10, 2018 10:57 AM To: FialaDonna Cc: BrownleeMichael Subject: RE: BCC Agenda Item 17 B- February 13-Antilles-Further Donna I looked at the transcription summary of the last NIM and the question was asked if there will be any improvements of Port au Prince Road and the response was none were planned at this time. Phil Original Message From: FialaDonna [mailto:Donna.Fiala@colliercountyfl.gov] Sent: Saturday, February 10, 2018 9:13 AM To: Phil Brougham <phillip.brougham@gmail.com> Cc: BrownleeMichael<Michael.Brownlee@colliercountyfl.gov> Subject: Re: BCC Agenda Item 17 B- February 13-Antilles That's great. I've been following it closely, and just drove back there to see how it looked, but couldn't get any further than the wood wall that separated the property. I know you've been working hard, and I also attended that NIM. I really like the project and feel it will definitely add a new and positive demention to that area. Do you know if they will address the road along Port au Prince? It was mentioned about a year ago, and at that time I also seem to remember they would improve the road, add some lights and landscaping, and really give a new appearance to that front area. Do you have any word on that? I've already talked to the developers representative, and said I think they are doing a great job in listening to the surrounding community and working with them. Donna Donna Fiala Collier County Commissioner, District 1 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 P: (239) 252-8601 F: (239) 252-6578 I am not home accepting the things I cannot change, I am out changing the things I can not accept. From: Phil Brougham <phillip.brougham@gmail.com> Sent: Friday, February 9, 2018 8:50 AM To: FialaDonna 1 Subject: BCC Agenda Item 17 B- February 13-Antilles Donna Just a word about the subject re-zoning petition which is on your agenda for 2/13. This is the proposed Antilles development directly adjacent to Fiddler's Creek which used to be the old trailer park. Over the last year and a half I have worked with Mr. Dennis Albaugh and his team to modify their original plan which would have placed three or four story buildings along the boundary with Fiddler's Creek. At their first NIM, many residents of Fiddler's Creek as well as myself,attended and voiced our objection to that concept and having to look at the back of tall buildings. Subsequent to that NIM I had several meetings with Mr.Albaugh and eventually he revised his concept and reduced the number of units but more importantly limited the height of the buildings to 35 feet around Fiddler's boundary. Additionally, he agreed to a greatly enhanced buffer along the property line which will effectively shield all view of their buildings. A second NIM was held and also well attended and there was no one there speaking in opposition to the revised concept. I attended the Planning Commission hearing on the petition and spoke in favor. The petition received unanimous support from the Planning Commission. The item is on the Summary Agenda and hopefully it will stay there. I just wanted you to know that the majority of the residents in Fiddler's Creek approve of the petition. Phil 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 BrownleeMichael III I From: Phil Brougham <phillip.brougham@gmail.com> Sent: Monday, February 27, 2017 5:42 PM To: FialaDonna Subject: RE: 2017_02 26-27 Update on Antilles Development-SFWMD Permit Application- Correction!!!!— Categories: ATTENTION, PRINTED Donna Below I state the revised PUD commits to a max height of 45 feet. Actually it is 35 feet above ground level. Sorry Phil From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, February 27, 2017 4:52 PM To: 'FialaDonna' Subject: RE: 2017_02_26-27 Update on Antilles Development - SFWMD Permit Application Donna I do not know this man either however I think that he is making some significant and erroneous assumptions about Antilles. I am not an engineer but the County has very qualified staff to check and evaluate this PUD application. It seems he is relying a lot here on an assertion that Mr. Albaugh who is the Developer will have to bring in loads of fill to bring the level up to above flood level by the required amount. The regulation, as I understand it, requires that the "first" floor of the dwelling be a certain number of feet above sea level. Mr. Albaugh will accomplish this by putting the first floor of the living area above the garages, thus no fill. I am certain that between Mr. Yovanovich, Patrick Vanesse (Engineer) and Eric Johnson on County Staff, they can more factually inform you concerning Mr. Bury's assertions. I would seek their comments before I would schedule any meeting with this guy. I do not agree with his assertions, assumptions or contentions that the buildings proposed would "tower" over the fence line. The revised PUD application commits to a max height of 45 feet above ground period around the perimeter. This development given its recent modifications, is a MUCH better alternative than another trailer park, which he could put in there right now if he wanted to given its current zoning. I also do not agree that "many" of his neighbors object to what is now being proposed after the modifications resulting from the first NIM. He is way off base. The revised/amended plan will reduce the density some 60 units from what he could build. I am absolutely certain that the County, the SWFWMD and others will do a thorough review of this application for compliance prior to approval. I am just suggesting that you get staff input/rebuttal prior to meeting with him. Bob Slater(president of Bent Creek HOA), myself(president of Pepper Tree HOA) and Dave Yates (president of Mulberry Row HOA)have all attended the NIMs, and endorsed the revised plans. IF (big if)the revised PUD application violates current 1 zoning, environment or water management regulations, I am sure that these will be pointed out and/or corrected before or during the Planning Commission and BCC hearings. I still fully support this project. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Monday, February 27, 2017 3:59 PM To: Phil Brougham <phillip.brougham@gmail.com> Subject: FW: 2017_02_26-27 Update on Antilles Development - SFWMD Permit Application Hi Phil, Please read this and tell me what you think. I do not know this man, nor have I ever spoken to him, but the project seems like a much better opportunity that could happen rather than the alternative. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East, Suite #303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net fer Crovmty If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: Bill Bury [mailto:b bury@yahoo.com] Sent: Sunday, February 26, 2017 2:44 PM To: FialaDonna; BrownleeMichael Subject: 2017_02_26-27 Update on Antilles Development- SFWMD Permit Application Dear Ms. Fiala, and Mr. Brownlee, Congratulations on your new Community Center - what an honor. Please find the attached documents updating you of the Actual versus Zoned heights of our new neighbor's proposed multi-family houses along with a PDF print from the South Florida Water Management District's offices permit review which has also been in process for a few years now, and which has not received engineering documents requested some time ago, nor have they received a mitigation plan to fully address how the developer plans to re-develop this property. . 2 If the need exists to raise the site and finished floors 7'-0" to exceed the flood plain this will cause a potential for increased flooding to the wetlands at the NE corner and North as well as to the Port Au Prince community to the West In addition, the effective heights will surely tower above any existing fences now that the tree lines have been removed regardless of enhanced buffers proposed. It is my opinion and that many of my fellow neighbors that no concessions should be made to this developer and that this re-petitioned, re-zoning, re-development application should be opposed by us all for economic and environmental reasons. Will be calling your offices on Monday to schedule a meeting. Thank you for your continued service of the people. Respectfully, Bill Bury 8448 Bent Creek Ct. Naples, FL 34114 (239) 398-9963 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 Brown leeMichael From: FialaDonna Sent: Monday, January 30, 2017 3:29 PM To: 'Phil Brougham' Subject: RE: Antilles (Port Au Prince) NIM Thanks ever so much for filling me in. I've been wondering Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net CATT Coity If t am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: Phil Brougham [mailto:phillip.brougham©gmail.com] Sent: Monday, January 30, 2017 3:15 PM To: FialaDonna Subject: RE: Antilles (Port Au Prince) NIM Donna The NIM went fine. Quite a few less people there than the last time but still a good turnout. Nice presentation and positive comments and neutral questions. There is one item that needs worked out between the developer and the Fiddler's Creek CDD#1 that I noted and brought up to them after the meeting concerning them planting trees on the CDD right of way. I don't think it will prohibit going forward but needs a formal resolution. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent:Wednesday,January 18, 2017 12:02 AM To: Phil Brougham <phillip.brougham@gmail.com> Subject: RE: Antilles(Port Au Prince) NIM Gosh, it sounds like a dream come true! I hope people can see that these people have gone out of their way to work with Fiddler's. Let's hope it passes the NIM. 1 Donna From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Tuesday, January 17, 2017 12:51 PM To: FialaDonna Subject: Re: Antilles (Port Au Prince) NIM Mike Bummer. Please be certain she views my last email and if she wants to discuss ask her to call any time. Her ultimate approval is vital Phil On Jan 17, 2017, at 12:48 PM, FialaDonna<DonnaFialaCa@colliergov.net>wrote: Phil, FYI, Her Island Advisory Committee meeting in Marco is scheduled for the same time as the NIM so it's doubtful she can attend. Regards, Michael Brownlee Executive Coordinator to Commissioner Donna Fiala, District#1 W. Harmon Turner Building- Bldg "F" 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 P: (239)252-8601 F: (239) 252-6578 MichaelBrownlee@colliergov.net 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. From: Phil Brougham [mailto:phillip.broughamCa�gmail.com] Sent: Monday, January 16, 2017 12:31 PM To: FialaDonna Subject: Antilles (Port Au Prince) NIM Donna 2 I am sure you were notified but just in case, the second NIM for Antilles is scheduled for the South Regional Library on January 26th at 4:30pm. As I have previously mentioned, I have met with Dennis Albaugh twice since the first NIM last year and he has subsequently modified his original plan to reduce the number of units proposed, limit the structures on the East and South (abutting Fiddler's Creek) to 35 feet and ne story over a garage. Additionally, he has agreed to a greatly enhance landscape buffer along those same sides with a 40 foot distance between the border fence and his structures. All told, these are significant and positive changes. 1100% endorse his proposal. Please plan on attending the NIM if possible. Phil Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 BrownleeMichael From: Joe Schmitt<jschmitt@comcast.net> Sent: Monday, May 23, 2016 8:01 PM To: 'Phillip Brougham'; FialaDonna Subject: RE: Diamond Shores Categories: PRINTED And he could probably get a better price for the modified units. Joe Joseph K. Schmitt Office: 239-417-9147 Cell: 239-248-4931 Original Message From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 23, 2016 7:54 PM To: 'Joe Schmitt'<jschmitt@comcast.net>; 'FialaDonna' <DonnaFiala @colliergov.net> Subject: RE: Diamond Shores Donna I agree with everything Joe said. Bottom line, hopefully he can modify his request and put 1 story over parking around perimeter and two story over parking on the inner loop. If not, if I were voting on the BCC, I would approve it. Phil Original Message From:Joe Schmitt [mailto:jschmitt@comcast.net] Sent: Monday, May 23, 2016 7:43 PM To: 'Phillip Brougham' <phillip.brougham@gmail.com>; 'FialaDonna' <DonnaFiala@colliergov.net> Subject: RE: Diamond Shores Donna I basically agree with Phil. Though 2 stories over parking is a bit excessive,the plan they presented is much better than mobile home or low income affordable housing. Realistically, I think he would have a problem making it a mobile home park as the area is well below the required Base Flood Elevation. Back when I was with the county we looked at this site as an option for FEMA trailer just in case the need ever arose. FEMA said that they could not use that site due to the low elevation. One option they could consider is a high end Motor Coach park similar to Pelican Lakes. Regardless, eventually something will be build there and I definitely prefer it be something decent and somewhat compatible with Fiddler's. As I mentioned during the meeting I still think the density is too high for the Coastal High Hazard Area (CHHA). Currently they have an existing density for MH of just over 7 units/acre. They are proposing to reduce it to approximately 6.4 units/acre. That is still too high considering that the CHHA allows for only 3 units/acre. Fiddler's Creek is 3.55 units/acre. Of course their claim is that they current density is"grandfathered" by the clause in the GMP. I not sure that is entirely correct as they are seeking a complete rezoning to PUD with new development standards. My assessment is that the BCC could reduce the density to a more acceptable level. One option they may want to explore is putting lower units along the fence line especially along the Bent Creek Village property line. Maybe consider 1 story over parking along the fence line. Yes,the tree damage was a dumb move on the developer's part and caused more unneeded anxiety. Unfortunately,the messages going out to the community is raising even more anxiety and frankly is a stretch. This development will not destroy the harmony of Fiddler's. I live on Mulberry Lane away from the proposed development and frankly other than the first few houses on the south end of Mulberry,there will be little to no impact. Though I have no roll with the community, I am available if you want to meet to discuss privately or with the developer. Joe Joseph K. Schmitt Office: 239-417-9147 Cell: 239-248-4931 Original Message From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 23, 2016 7:05 PM To: 'FialaDonna'<DonnaFiala@colliergov.net>; 'Joe Schmitt' <jschmitt@comcast.net> Subject: RE: Diamond Shores Donna My opinion is that the majority of the people I have talked to and heard at meetings object to the building height of 42 foot (two stories over parking). They do not want to look at the backside of those structures. The issue of chopping down the trees, I believe is separate from that although the original trees, if they were left alone, would have shielded that view to some extent. The residents who will be most exposed to the buildings would be those people in Bent Creek Village HOA. My understanding is that the developer is re-evaluating his options after the NIM. I don't know what that means other than I know in conversations with him that he does not believe single family homes will work for him but perhaps mobile homes might. Can't predict that I can safely say that Fiddler's Creek Foundation (Master Association) at this point will continue their opposition to multi- story homes in the Antilles development. My personal opinion, living in Pepper Tree Village bordering the Antilles development, is that a two story over parking would not be offensive to me. The alternatives, except for single family homes, are really worse choices which would be mobile homes or low income housing. The developer, Dennis Albaugh, can't understand the opposition to what he is proposing. I am trying to arrange a meeting between him and Village HOA presidents for June 1st or 2nd.. 2 Basically,you have Fiddler's Creek Foundation dead set against what he is planning. You also have some residents upset at the tree damage but that is being taken care of with new plantings and will/should not be an issue in a year in my opinion. Phil Original Message From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Monday, May 23, 2016 6:14 PM To:Joe Schmitt(jschmitt@comcast.net)<jschmitt@comcast.net>; Phil Brougham <phillip.brougham@gmail.com> Subject: FW: Diamond Shores Do people still want to object to this developer? I worry that they will sell, if it is rejected, to a low income housing developer who is buying up properties in this area right now. Please tell me how others feel about this. I thought, after learning more at the NIM,that it was a nice community with lots of extras, and it would be better than what is happening in other near-by communities. I hear it is all about the chopping down of trees, not the project itself. GUIDANCE PLEASE! Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Original Message From: FialaDonna Sent: Monday, May 23, 2016 6:10 PM To: 'G. Hanson' Subject: RE: Diamond Shores After hearing everything at the Neighborhood Information Meeting, and knowing the quality of building, do you still feel the same? I am worried that a low income housing company will buy it when it goes back on the market and then there would be a problem for sure. I know of one buying up lots of property 3 Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239) 252-8601 DonnaFiala@CollierGov.net If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Original Message From: G. Hanson [mailto:gkhanson@gmail.com] Sent: Monday, May 23, 2016 5:56 PM To: FialaDonna Subject: Re: Diamond Shores Donna:Thank you for support. Sent from my iPhone >On May 9, 2016, at 2:42 PM, FialaDonna <DonnaFiala@colliergov.net>wrote: > >And I'll be there for you. > > Donna > >Commissioner Donna Fiala, District 1 > 3299 Tamiami Trail East,Suite#303 > Naples, FL 34112 > (239) 252-8601 > > DonnaFiala@CollierGov.net > > > If I am not home accepting the things I can not change, I am out >changing the things I can not accept. > > > 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 > Original Message > From: G. Hanson [mailto:gkhanson@gmail.com] >Sent: Monday, May 09, 2016 1:58 PM >To: FialaDonna >Subject: Re: Diamond Shores > Donna: I am again requesting that you support Fiddlers Creek residents regarding the Diamond Shores project.This project will further diminish property values. I do not believe a tent city, 3 story condos over a garage and a strip of low end Food chains are of any benefit to residents of Fiddlers Creek. Your assistance and support is requested. >Thank you in advance for your assistance. >Sent from my iPhone »On Apr 30, 2016, at 9:11 AM, G. Hanson<gkhanson@gmail.com>wrote: »The proposed development of Diamond Shores could significantly impact residents of Fiddlers Creek. It is my opinion that planned development can be beneficial to residents of east Naples which is experiencing tremendous growth. However, this proposal represents overdevelopment which DOES not benefit anyone long term. I know you will feel the same and hope you will have the courage to act accordingly. »Gary Hanson » Fiddlers Creek resident >>Sent from my iPhone > 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. 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. 5 BrownleeMichael From: Donna Fiala <donnafiala@gmail.com> Sent: Monday, May 16, 2016 10:58 PM To: FialaDonna Subject: Re: FW: Dennis Albaugh/DRA Properties That's impressive! I hope all goes well and they can move forward. It was be quite an asset to that area of 951/Port au Prince. it will probably stimulate better growth for the rest of that little "island" that truly needs some upgrading. You might want to send it to a few people in Fiddler's - maybe Bob Rommel and Joe Schmitt for a start. Hugs, Donna On Mon, May 16, 2016 at 3:37 PM, FialaDonna <DonnaFiala@colliergov.net>wrote: From: Phillip Brougham [mailto:phillip.brougham@gmail.com] Sent: Monday, May 16, 2016 11:49 AM To: BrownleeMichael Cc: FialaDonna Subject: Dennis Albaugh/DRA Properties http://www.prairietrailankeny.com/ Michael, The link above brings you to a web site of a development out in Iowa that the principal of is proposing to develop Antilles in Diamond Shores. Please show the site to Commissioner. Phil Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 BrownleeMichael From: FialaDonna Sent: Thursday, January 26, 2017 10:57 AM To: 'JoeSchmitt' Subject: RE: NIM I'm SO glad you'll let me know how it went.Thanks for being there when we/I need you. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net CO If I am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: JoeSchmitt [mailto:jschmitt©comcast.net] Sent: Wednesday, January 25, 2017 12:13 PM To: FialaDonna Subject: RE: NIM Yes, it TX working a proposal for Department of State. Regarding the NIM,yes, it appears that the developer has made several modification and it looks like a good project. Last thing I want in that area is another Habitat project which could happen if this guy chooses to walk. Next week I'll be meeting with the ULI study team to provide my input on affordable housing. I'll let you know how that goes. It will be interesting. From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent:Wednesday,January 25, 2017 9:58 AM To:JoeSchmitt<Ischmitt@comcast.net> Subject: RE: NIM They were in my office today, and it sounds like the answer to every one's concerns. I was impressed with how far they have come to respond to Fiddler's objections. It really sounds like a great project now.Tell me what you think when you return. Okay? I hope you are enjoying your time in Texas. Probably work, but you like work. Donna 1 Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.nettifP° If l am not home accepting the things I can not change, I am out changing the things I can not accept. 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. From: JoeSchmitt [mailto:jschmitt@comcast.net] Sent: Wednesday, January 25, 2017 10:52 AM To: 'Phil Brougham'; FialaDonna; 'Christopher Shucart'; 'Jean Kungle'; jpusat6700@aol.com; 'Karen Homiak'; c5naples@aol.com Subject: RE: NIM Donna I will not be able to attend as I am currently in Fort Worth,TX. Returning Friday. I will certainly have an opportunity to review the proposal when it comes before the CCPC From: Phil Brougham [mailto:phillip.brougham@gmail.com] Sent: Wednesday,January 25, 2017 9:30 AM To: 'FialaDonna'<DonnaFiala@colliergov.net>; 'Christopher Shucart'<chris@portoftheislandsmarina.com>; 'Jean Kungle'<jeankungle@gmail.com>; ipusat6700@aol.com; 'Karen Homiak' <ARWKJH@aol.com>; c5naples@aol.com Cc: 'Joe Schmitt'<ischmitt@comcast.net> Subject: RE: NIM Donna I will be there and will speak in favor of Mr. Albaugh's revised plans for Antilles. He has been very responsive to Community input. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent:Wednesday,January 25, 2017 10:19 AM To: 'Christopher Shucart' <chris@portoftheislandsmarina.com>;Jean Kungle<jeankungle@gmail.com>; jpusat6700@aol.com; Karen Homiak (ARWKJH@aol.com) <ARWKJH@aol.com>; c5naples@aol.com Cc: Phil Brougham<phillip.brougham@gmail.com>;Joe Schmitt(ischmitt@comcast.net)<ischmitt@comcast.net> Subject: NIM There is a NIM tomorrow for the Antilles at Diamond Shores (Port au Prince), next to Fiddler's Creek.This sounds like a great development and eliminating a scourge to the area. I cannot attend because I have a 4pm meeting on Marco Island, but I encourage you (plead with you to attend)this meeting. I think it will be a great addition to our already great 2 community, and a positive for that area.There is one lady who doesn't like it, but I'm hoping the others are impressed with all the positive changes made on their behalf. The meeting is at 4:30 pm at the South Regional Library. Let me know if you can make it please. Donna Commissioner Donna Fiala, District 1 3299 Tamiami Trail East,Suite#303 Naples, FL 34112 (239)252-8601 DonnaFiala@CollierGov.net County If 1 am not home accepting the things I can not change, I am out changing the things I can not accept. 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. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 BrownleeMichael From: Phillip Brougham <phillip.brougham@gmail.com> Sent:: Thursday, April 28, 2016 6:14 AM To: FialaDonna Subject: RE: Proposed Antilles Development Categories: PRINTED Donna Thank you.The developer met with CDD staff before the tree incident and they said he could trim the trees provided he had an arborist supervise, provide CDD with license and insurance and trim in accordance with County ordinances. None of that happened and he just started cutting. Would love to see you at the NIM but I understand if you can't make it. I think it will be a crowd.The developer may be represented by Rich Y. Phil From: FialaDonna [mailto:DonnaFiala@colliergov.net] Sent: Wednesday, April 27, 2016 9:18 PM To: Phillip Brougham Subject: RE: Proposed Antilles Development I certainly will. I would hope I have support on the commission that would back that effort. I can see single family homes because that would certainly fit into the character of F.C., and raise the level of property values for the entry areas along that road. I wonder if that developer hired someone to trim the trees but they didn't understand what they meant and ruined the trees instead??? I have put the NIM on my calendar. It's a commission day, but just maybe we'll be out of there in time for me to get over there. Donna From: Phillip Brougham [mailto:phillip.brougham@Rmail.com] Sent: Wednesday, April 27, 2016 11:20 AM To: Fiala Donna Subject: Proposed Antilles Development Donna I don't know how informed you are about the proposed Antilles development. It is the area previously referred to as Diamond Shores. In any case they are holding a NIM on May 10th at 5:30 pm at the South Regional Library.They are proposing to change zoning from Mobile Homes to Residential with either 130 single family or 280 multi-family units. The multi-family would be at least three story buildings, probably plus roof eaves. In any case,the developer requested an easement to cross Fiddler's Creek CDD and Pepper Tree Village Association property to tie in to a potable water main. We both said no. We said no because this developer hat racked 50 ficus trees along a landscape buffer of Fiddler's Creek 1 CDD and the CDD is now faced with the cost of removal and replacement of the trees.The developer and the CDD are in a dispute over his actions. Notwithstanding his actions above, he never once approached Fiddler's Creek with an early look at his plans.The residents are totally against the increased density of a three or four story milti-family units bordering our community. In addition we don't want to have to "see" a three story building when we look that direction. When and if he moves forward with the zoning request, he will need a super majority of the BCC for approval. I trust that you will closely monitor the opinions of the residents of Fiddler's Creek in opposing any multi-family buildings on that tract. Phil 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 ❑ 2 2 ° U o 0 o - ; (Y � E 0 0 o ©_ co Q �, — _ m w o> w 3 3 3 n Q - a 0 @ C C 2 O O 0 O_ 0 2 o U U. m _.�_, CII Td O O m m an d Q. 0 - : - C o 0 o E C0 CD 0 0 0 w w I z 5 m E E E E C C C c C cC C 3 3 3 C 03 CI' Q Q ❑ w w w 0 L E'' il 4, N C Y Y N N�, O O-o -o a .0 > > n o r m 18 = m am c m m €L t _ JA U ( U O O J J _ _ _r E E t m �, d a 7 - E c E E E d m Cd do w LL d+.+ cn v 0EZC M kil x �.) 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E E 0 0 0 0 0) O+ W 01 01 C) CO m 00 C) • n n N O ro ro C) m in b +n Ca +n C > C1 - N N N N N N N N 0 0 0 Of 01 01 O1 O O) Q) Ol Oa O O 01 W 01 01 Oa O, 0) O) O) Q7 01 01 01 Y av-+ y m. Y N N Y N N N N N N N N N c!), gj gj e- 01 0 r ° a' •- _ _ _ _ _ _ yy W N M" C v Pt--- BrockMaryJo From: Kathy Curatolo<Kathy@cbia.net> Sent: Friday, February 09, 2018 10:20 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Cc: MarcellaJeanne; BrockMaryJo Subject: Proposed Unlicensed contractor Ordinance 9A BCC Meeting on 021318 Attachments: commission Ltr 0020918.pdf Commissioners Fiala, McDaniel, Solis, Saunders and Taylor, Please find CBIA letter concerning the proposed unlicensed contractor ordinance scheduled for your review and vote at Tuesday's BCC meeting. Unfortunately, we cannot attend and speak to this issue at the meeting because we will be in Tallahassee meeting with state legislators and colleagues from the Florida home Builders Association. On behalf of our membership, thank you for taking the time to address this issue and consider our opinion. Sincerely, Kathy Curatolo Kathy Curatolo Executive Officer Collier Building Industry Association 3200 Bailey Lane Suite 110 Naples, Florida 34105 239.436.6100 1239.436.3878 fax www.CBIA.s www.paradeothomesnaples.com Maximize your membership! !w4: and www.NAHB.org/ma "The Collective Voice of the Collier Building Industry" 1 ✓ A g 1 + CBIA 3200 Bailey Lane, Suite1 10, Naples. FL. 34105. wwwcbia.net wwwparadeofhomesnaples.com Honorable Commissioners Fiala, McDaniel, Saunders, Solis and Taylor We are writing concerning your agenda item 9A scheduled for a vote at Tuesdays, BCC meeting. Unlicensed contractors doing business in Collier County is a matter that our members remain diligent about eradicating. However,this proposed ordinance focuses upon the homeowner responsibility rather than the contractor who is doing business without proper licensing. As such, the ordinance would have little to no effect on enforcement of unlicensed contractors doing business in our community. As it currently exists there are penalties for violations including stop work orders and imposed fines for unlicensed activity as reported to our Collier County Licensing Board. CBIA is in full support of continued enforcement by this board rather than imposing an ordinance on homeowners. CBIA will continue to educate homeowners through our blogs, press releases and various‘programs about the critical importance for checking on a contractor's license and why it is important to use licensed professionals. Our association would welcome the opportunity to partner with Collier County on further educating homeowners to remain vigilant. Sincerely,, 7 ----CT_ 4 . A.„7/ Anthony Fortino athleen Curatolo CBIA President CBIA Executive Vice-President CEO Fortino Construction & Development C: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager c , 4e . a _.„-- 0 ,j ------" _stmirrAt ---14.4"-* ,... . Atn 1 4 4 r 311 4° 1161 • ' 45,4,01:02, fr ' , .";- 1 11 ' ' r'S g jt''-' ,r;: ..,.C.'" - -- ''' / \ ,.- 1 g' ti ---- , i ' -„„ 4 / ' , ',..,'' Fe, ,,,e jej 4,4,,,/,,,,,,,,,,,,, .„rei, ._ ..,,..r„,....,„.. ,\-...;:d110,11.444,,,,,,,,,, ......,,ia,,,,„*„..-,•-:`-::‘,,,,,: _ ,__„:„._,,.„._ 1 1:i")(14741;‘ i7/1" , .04,r4204-114.1:tir#0, / -...,„„,,,,,„./..,..,sers#3....,:s4......,_,41 ,,,,,„.:„.,...,,"11, 4,40•10,, „in, ,f,x,77,,,,,e_ki, .c.1 ..." ) ' ; s ryd.,V,;/,, 'ice/,e. „dim yi;•:. _Ale- ../tr) ‘.,,, ". t fr - 2 1.,, of.. / •..4004, , ,- , ,,0.,/ i..e., .- , ' It /.' ' ' t 44...Voei A:.„.,. , ,4,'"'S if:7 1,:•tt',. '.,, tikid"r"#*: re 0 t: 1 n p / _ ....„ i ,i r- 1 I. ; , it — /4 -- 1 , ' / ../e7: ; ' 1 y, , ....... _ ,,„ .., :NI': '0,0*.- - - - 4.4,,”' j/e,6, !„.. .,,,,,t ,,41,,, ( ;4:1-i r/-ce 4,41 .1,10,?„14/0 it/ fs-r '/dr;'''''9. At„,, ..-4.:".!-- 1 ,I.,:::::141. S.4'1';‘,/,,,/ /#/#1", r/ 07;;;:*'04,4-0. — , ..,,. ,..., 4,1 -'N t / / /of 1 ,:: 'i *.*:'''ff 10 ...it-z-_,z „I / / ,, ,,,...... ... - ------\ ''' '----—7 ----.------- — - .__. m ___ ,7=',..., ' m- 114 1 7/20/2016 Statutes&Constitution:View Statutes:Online Sunshine 0114 ur 31 Select Year: 2016 • I Go 44:-" The 2016 Florida Statutes > Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.355 Finding of necessity by county or municipality.—No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340(7) or (8). The resolution must state that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. History.—s.6,ch.69-305;s.4,ch.84-356;s.4,ch.94-236;s. 3,ch.2002-294. Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.stateRus/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0163/Sections/0163.355.htm1 1/1 Jack Hail jackhail5718@gmail.co> hi my name is jack hail and i have a severe flooding problem every time it rains really hard believe it or not i live on a canal matter of fact my street has water on three sides i can't believe it can flood and i mean really bad they redid my street a few years ago but they didn't do a very good job on the storm water drain they made the pipe that runs to the canal higher than the drain so the water can't get out i guess my property is the lowest on the street so all the rain water uses my driveway like a river because they did such a bad job on the storm water drain and if the tide is up the water has no where else to go except my driveway i have seen it more than one feet deep in my driveway and running like a rapid so bad at times I've had to call 911 when the firetruck was able to make it down the road they couldn't believe how deep the water was please come take a look my address is 2675 bayview dr naples 34112 they came and survey the drainage ditch and they are the ones who told me the pitch on the pipe is going the wrong way please do something about this thank you Jack Hail