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Ex Parte - Taylor Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 26, 2019 BOARD OF ZONING APPEALS 8.A. This item requires 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 adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a church within an Estates Zoning District pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for property located on the southeast corner of Golden Gate Boulevard and Collier Boulevard in Section 11,Township 49 South, Range 26 East, Collier County, Florida. (PL20160002577) (This is a Companion to Agenda Item 9.A) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings (Correspondence ®e-mails ❑Calls Meetings: 11/6/18 Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman, Anna Weaver 11/30/18 Patrick Miller via phone Emails from neighbors ADVERTISED PUBLIC HEARINGS NONE REQUIRING DISCLOSURE CONSENT AGENDA 16.A.5. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge at Ave Maria, Phase 6B, (Application Number PL20180001175)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I (Meetings Correspondence ne-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20180001954,to disclaim, renounce and vacate the County and the public interest in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision,on the south side of Kent Drive,approximately one-half mile north of Rattlesnake Hammock Road, in Section 18,Township 50 South, Range 26 East, Collier County, Florida. XQ NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings I (Correspondence ne-mails ❑Calls SolisAndy Subject: Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman, Anna Weaver: Grace Romanian Church Location: Cohen &Grigsby Start: Tue 11/6/2018 10:00 AM End: Tue 11/6/2018 10:30 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent:Tuesday, October 23, 2018 11:09 AM To: GoodnerAngela <Angela.Goodner(a@colliercountyfl.gov> Subject: Meeting Request: Grace Romanian Church Hello, Rich would like to meet with the Commissioner regarding the upcoming November 13th agenda item: Grace Romanian Church. Also attending: Jessica Harrelson,Josh Fruth,Adrian Roman and Anna Weaver Availability: Wednesday November 7th: 9:00-1:00 Thursday November 8th: 1:00—5:00 Monday November 12th: 9:00—3:00 Thank you. Dianna Quintanilla Legal Assistant CYK The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.35351 F: 239.435.1218 dquintanilla@cyklawfirm.com C O i E M A.N I Y O V A N O V I C H I K O S T F R SolisAndy Subject: Patrick Miller, resident on Weber Blvd; Grace Romanian Church - call him at 919-1362 Location: phone call Start: Fri 11/30/2018 3:15 PM End: Fri 11/30/2018 3:30 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Phone Call From: Patrick Miller<Patrick.Miller@lmcu.org> Sent:Tuesday, November 27, 2018 8:41 AM To:SolisAndy<Andv.Solis@colliercountvfl.gov> Subject: RE:Grace Romanian Church GG Blvd and 951 Importance: High Ms. Goodner, I would like an opportunity to speak with Mr. Solis regarding this issue before it comes back to the commission. Please let me know when that might be possible. Thank you. Patrick K. Miller v") Patrick K. Miller Senior Vice President Lake Michigan Credit Union LAKE (239) 919-1362 MICHIGAN t tt (239) 216-2285 (mobile) 1.E ill4,5:+. 3003 Tamiami Trail N. Ste. 100 I Naples FL 34103-2714 Patrick.Miller(almcu.orq I LMCU.orq ,+►j From Mr. Miller's email: "Please review your own county attorneys guidance that the CPI ignored! I quote "their job is to how to make the conditional use compatible with the neighborhood "They failed in their duties and this conditional use is not compatible with the neighborhood when it is allowed to operate 24 hrs a day 7 days a week and have drug and alcohol rehab services. This request also requires an amendment to the Land Development Code which should also not be approved. SolisAndy From: James Schortemeyer <schortfire@aol.com> Sent: Monday, November 5, 2018 10:17 AM To: SolisAndy Subject: Ordinance petition PL20160002584/CPSS-2017-1, Follow Up Flag: Follow up Flag Status: Completed Honorable Commissioner Solis, PLEASE DENY THIS PETITION. Ordinance petition PL20160002584/CPSS-2017-1, a Growth Management Plan Small Scale Amendment specific to the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow church uses for the Grace Romanian Baptist Church. (Adoption Hearing) [This is a Companion to Agenda Item 6976] South Weber Blvd. has already been adversely impacted by zoning changes on first avenue SW and so called road 'improvements' on Golden Gate Blvd. and White Blvd. Left turns are not allowed onto either of these roads from South Weber BLVD. Traffic patterns are already intolerable and another zoning 'exception' along this corridor should not be approved. It will further exacerbate traffic issues with increased illegal turns, u turns, and wrong way traffic. The Weber Blvd. Estates Zoning has already been severely severely compromised by high volume traffic on CR 951, White Blvd. and golden Gate Blvd. Along with already approved variances including nearby commercial developments we are at the threshold of losing the wildlife and environmental benefits that we cherish. Right now, we are fortunate to have large mammals such as deer, panther and black bear frequent our neighborhood but there have already been too many vehicle collisions with these large mammals. Please protect our'estates zoning', environmental values, and wildlife by denying this petition to allow another zoning exception in Unit 4, GGE. Jim Schortemeyer 3481 5th ave sw Naples, Fl SolisAndy From: Patrick Miller <Patrick.Miller@lmcu.org> Sent: Saturday, November 10, 2018 4:10 PM To: FaulknerSue; McDanielBill; donna.fiala@colliercountfl.gov; SaundersBurt;TaylorPenny; SolisAndy Cc: StrainMark Subject: Grace Romanian Church GG Blvd and 951 To all: This petition continues to change from a neighborhood church with limited hours and restrictions which are much more compatible with our Neighborhood and the life that we all have moved to the Estates to enjoy. My wife and I have lived on Weber Blvd S for over 25 years and in Collier County for over 50 years. Please review your own county attorneys guidance that the CPI ignored! I quote their job is to how to make the conditional use compatible with the neighborhood "They failed in their duties and this conditional use is not compatible with the neighborhood when it is allowed to operate 24 hrs a day 7 days a week and have drug and alcohol rehab services, This request also requires an amendment to the Land Development Code which should also not be approved. Please Please do not vote for this request and send it back for reconsideration to the CCPC and instruct them to do their duties as out Inked by the county attorney Thank you for your time and consideration Patrick K. Miller Terry B Miller 210 Weber Blvd S Naples, Fl. 34117 239-216-2285 SolisAndy From: MARK WOOD <mmw3530@comcast.net> Sent: Sunday, November 11, 2018 4:15 PM To: FaulknerSue; SaboJames; FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Subject: Growth Management Plan Amendment (PL20160002584) and Conditional use approval (PL20160002577) Dear Ms. Faulkner; Mr. Sabo; Ms. Fiala; Mr. Solis; Mr. Saunders; Ms. Taylor; Mr. McDaniel: I am writing this letter as I cannot attend the scheduled meeting on Tuesday, November 13th at 9:00am. My husband and I have owned our home on 1st Avenue SW since January of 2004. In that period of time we have seen the expansion of the Estates Naples Kingdom Hall Church at 3480 Golden Gate Blvd West, the closure of the access road from Golden Gate Blvd to Webber, and now the new Church that is slated to be constructed on the SE corner of Webber and Golden Gate Blvd. We already have the following on our street: Cypress Wood Presbyterian Church Estates Naples Kingdown Hall Church Max A. Hasse Jr. Community Park Big Cypress Elementary School All of these are within 1/2 a mile of the site where the new Church is being built. We are already subjected to morning and afternoon traffic, and cars parked on our street (to the point that our home cannot be accessed from 2:45pm until 3:15pm) due to the school. There is also traffic all day long due to the park and the 2 Churches. The Estates Naples Kingdom Hall Church has services during the week as well as the weekend. In addition, due to the closure of the left hand turn on to Webber from Golden Gate Estates when heading east, now our street has become a cut through to get to Webber. In the morning at 7:00am there are cars driving 50 miles an hour down our street. This happens from 7:00am to about 9:00am as people are heading to work and then later in the afternoon for either picking up children at Max Hasse or cutting through to Golden Gate Blvd. Once a month on Saturday the Park has a yard sale that last from about 8:00 until 2:00pm. I walk every morning from my home at 3530 1st Avenue SW to 5th Avenue SW, and it has become extremely frightening as the traffic on 1st Avenue SW and the traffic on Webber is excessive, and for the most part everyone is speeding and none of these individuals live on either Webber or any street off Webber. You are now letting another Church be built on an already congested 1/2 a mile radius and honestly do we need another Church so close to the other two? If people are coming from the East to attend the new Church on the corner of Webber and the Blvd, and if there is an entrance on 1st Avenue, then they will be coming down 1st Avenue SW to access the Church. More traffic on our street and more traffic on Webber. We did not move out to Golden Gate Estates to live next to a drug and rehab center, that I am assuming will have 24 hour access, or 3 Churches within a 1/2 mile radius. Please put yourselves in our shoes and think "would you like to have this much congestion in your neighborhood"? Sincerely, Marlene and Mark Wood GrecoSherry From: Gary VanDeWerken <garyvandewerken@yahoo.com> Sent: Monday, November 12, 2018 12:36 PM To: FaulknerSue;Andy.Solis@colliercounty.gov; McDanielBill; SaboJames; SaundersBurt; FialaDonna; TaylorPenny Subject: "Property Zoned Residential Estates Keep it Residential" Grace Romanian Baptist Church To The Collier County commissioners, As a long term resident of Collier County of 50 years, Im living on the property adjacent to the subject property for 32 years with my family because it is zoned residential estates. I will ask all commissioners these questions, when you purchase property in a residential neighborhood did you plan on changing the zoning? Do you want a church and traffic associated with it next to your home? Would you want somebody to change zoning in your in your residential neighbor hood? Would you like drug rehabilitation center next to your home? Do you think its in your neighborhoods best interests to have drug rehabilitation and traffic associated with a church? We have seen no plans of the actual building,just plotted land and parking, septic drain field. There was an environmental study completed? How did they forget the land purchased for a supply well by Collier County off 1st Ave SW less than 100 feet away from proposed church drain field. A seating capacity of 300 on septic system is not acceptable for anyone in the vacinity using well water for drinking supply that would be everyone. Is there room for a sewer water treatment plant on the subject property? No sewer available, should not be allowed. Grace Romanian Baptist Church had another piece of land rezoned conditional use, they sold it. I appose anything other than residential estates, keep it residential estates. This is the gateway to the Golden Gate Estates. Thanks For Your time Gary VanDeWerken 1 SolisAndy From: Patrick Miller <Patrick.Miller@Imcu.org> Sent: Tuesday, November 27, 2018 4:18 PM To: SolisAndy Subject: RE: Grace Romanian Church GG Blvd and 951 Importance: High Ms. Goodner, Yes that would be fine. Should I place the call or will he call me? Pat Patrick K. Miller Senior Vice President Lake Michigan Credit Union LAKE (239)919-1362 y) MKC:HLGAN(1 1 (239) 216-2285 (mobile) 3003 Tamiami Trail N. Ste. 100 I Naples FL 34103-2714 Patrick.Miller@Imcu.org I LMCU.org 0 From: SolisAndy [mailto:Andy.Solis@colliercountyfl.gov] Sent:Tuesday, November 27, 2018 4:14 PM To: Patrick Miller Subject: RE: Grace Romanian Church GG Blvd and 951 WARNING: This email originated outside of LMCU. Hello, Mr. Miller—are you available for a phone call at 3:15pm this Friday afternoon? Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq., Chairman Collier County Board of County Commissioners Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! Thank you for taking the time to be an engaged member of our community. Please feel free to call or email whenever we can be of assistance. Sent on behalf of Commissioner Andy Solis, by Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq., Chairman Collier County Board of County Commissioners Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! 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 at 239-252-8602 or in writing at 3299 Tamiami Trail E,Suite 303, Naples, FL 34112. Original Message From: Patrick Miller<Patrick.Miller@lmcu.org> Sent: Saturday, November 10, 2018 4:10 PM To: FaulknerSue<Sue.Faulkner@colliercountyfl.gov>; McDanielBill<Bill.McDaniel@colliercountyfl.gov>; donna.fiala@colliercountfl.gov;SaundersBurt<Burt.Saunders@colliercountyfl.gov>;TaylorPenny <Penny.Taylor@colliercountyfl.gov>; SolisAndy<Andy.Solis@colliercountyfl.gov> Cc:StrainMark<Mark.Strain@colliercountyfl.gov> Subject: Grace Romanian Church GG Blvd and 951 To all: This petition continues to change from a neighborhood church with limited hours and restrictions which are much more compatible with our Neighborhood and the life that we all have moved to the Estates to enjoy. My wife and I have lived on Weber Blvd S for over 25 years and in Collier County for over 50 years. Please review your own county attorneys guidance that the CPI ignored! I quote their job is to how to make the conditional use compatible with the neighborhood "They failed in their duties and this conditional use is not compatible with the neighborhood when it is allowed to operate 24 hrs a day 7 days a week and have drug and alcohol rehab services, This request also requires an amendment to the Land Development Code which should also not be approved. Please Please do not vote for this request and send it back for reconsideration to the CCPC and instruct them to do their duties as out Inked by the county attorney Thank you for your time and consideration Patrick K. Miller Terry B Miller 210 Weber Blvd S Naples, Fl. 34117 239-216-2285 SolisAndy From: bmisalz@aol.com Sent: Thursday,January 17, 2019 7:51 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Cc: BMISalz@aol.com; FaulknerSue Subject: Proposed church on GGB and 951 Follow Up Flag: Follow up Flag Status: Completed Good morning, A little late to the party, my apologies. The proposed church on the corner of GGB and 951 should not be approved. Strictly from a traffic aspect, the property will greatly affect the residential neighborhood around it with increased traffic. The application calls for a 24/7 operation, and the size of the property is a sure indication of future expansion plans. The application also acknowledges that if they are successful in rezoning this property, the one on the North side of the intersection will follow suit. Also, the vagueness of the answers provided to the residents of GGE at the neighborhood meeting are disconcerting to put it mildly: "Approximately 23 citizens, 4 members of the applicant's team, and the 2 planners from the County attended the NIM. Questions and concerns from the attendees included: • • Number of acres for project site? 6.25 acres • • Number of square feet of storage shed? 1,800 sq. feet • •Types of special events? Not defined yet • •Where will special events be held on the site? in the pastor's residence?Outdoors? If outside, could be in parking area, or in open area, if pastor residence not built. • • Traffic is already a nightmare. Applicant will continue to work with County staff • •Traffic access to site locations. Applicant will continue to work with County staff. • • Could a bridge entrance be constructed over the Collier Blvd. canal? Not possible, since land that would be needed does not belong to church and safe distance from Golden Gate Blvd could not be accommodated. • • If an event is held in parking area, where will people park?As part of a special event permit a parking plan is required. • • Do not want carnival or revival type events. Agent asked if citizen wanted any other types of events eliminated. • • Speeding on Weber Blvd. Citizens need to work with Sherriff's office. • • Have an off-duty officer for traffic control. • • Churches do not pay property taxes. • •What will be cleared in the preserve area? Only native vegetation would remain. • • Dates of Public Hearings. No dates were set yet. " • Before the permit should even be considered, the applicant at the least should come back to the residents and address the concerns listed above. Otherwise, the approval of this rezoning is essentially an open book to do what they want with no consideration of the impact to the neighbors in a residential neighborhoods peace, privacy and home values. Regards, —SSB— Scott S. Baxter "The true science piscatorial is occupation without ostentation, fun without fury, patience without glory; a desire for nothing SolisAndy From: Renate <renjakl @comcast.net> Sent: Sunday, February 24, 2019 9:14 PM To: FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Subject: BCC 2/26/19 - Grace Romanian Baptist Church - PL20160002577 & PL20160002584 Follow Up Flag: Follow up Flag Status: Completed Dear Commissioners, Time is running out for all of us living on Weber Blvd.S. And 1st Avenue SW. We all moved to the quiet country setting to enjoy life to the fullest. We loved all the extras that came with it : little traffic, many different species of animals,we even had people riding their horses on our streets. Traffic on Weber is as fast if not faster than on 951. I am 88 years of age and have a hard time crossing the road to get my mail. Please help us to preserve the rural character of the Golden Gate Estates! We do not mind the church only the traffic it brings. They already have a church +1-3,000 feet down the street. Thank you for your consideration. Sincerely, Renate S. Kelly 291 Weber Blvd S. Naples. Fl. 34117-3033. SolisAndy From: John Kelly <johnkellyfl@comcast.net> Sent: Monday, February 25, 2019 12:31 AM To: FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Subject: Feb 26, 2019 BCC Meeting Items 8.A and 9.A - Grace Romanian Baptist Church Follow Up Flag: Follow up Flag Status: Completed Dear Commissioners, I have been a resident of Golden Gate Estates (GGE) - Unit 4 in excess of 25-years. During that time I have watched the gradual decay of the Rural Estates quality of life. The residents of GGE-Unit 4 have located for the same reasons as those of other GGE residents; affordability, tranquility, avoidance of urban traffic, and an appreciation for wildlife. Unfortunately, it seems the residents of GGE-Unit 4 are paying a much higher price than any other unit within GGE as it is bordered by major roadways to the north, south and west; not to mention that Weber Boulevard South has become a high-speed bypass for Collier Boulevard. To that end, Weber Boulevard South already served, via 1st Avenue SW, as access to two Jehovah's Witness Kingdom Halls operating on the same property, Max Hasse Community Park, and what was a failed Presbyterian Church located at 3380 Golden Gate Boulevard West (approximately 3,200 feet east of the subject property)which was purchased in September, 2018, by the petitioner.The residents in this area are frustrated with the amount of traffic, the lack of traffic control, and the loss of the rural estates character and quality of life. The residents I have spoken with all believe that a traffic generating use at the subject location is an accident waiting to happen. Interestingly, you have heard this petition before and a vote was taken which resulted in the project's defeat; unfortunately, as a result of comments made by the petitioner's counsel after the close of public comment, Commissioner McDaniel motioned for the vote to be withdrawn and the item be sent back to the Planning Commission (CCPC). The comment made by the petitioner's counsel was that you, the BCC, have rejected the last three churches that were proposed at major intersections and that he no longer knows where to tell clients they can have a church. Commissioner McDaniel also noted that he would have liked to have seen better notification to the residents of GGE and desired to see if anything could be done to ameliorate the impacts of a church on the community. To that end, the petition was re-heard by the CCPC however only minimal changes resulted. More concerning is the fact there was no greater effort to notify the estates residents of this project and based upon the location of this project it will impact upon many GGE residents. As such, please note that your staff just held extensive outreach efforts with respect to the new Golden Gate Area Master Plan (GGAMP) that was recently approved by you for transmittal to the State. The subject location is located within the Rural Estates. GGAMP outreach efforts performed by your staff examined uses and recommended areas for change as based upon their findings; no changes were proposed for the subject properties and the general consensus of the study was that Rural GGE residents ultimately desired no changes that would impact upon the rural estates quality of life. The Rural GGE residents have spoken and you are urged to respect their desires. As to the question posed by the petitioner's counsel, there should have never been an expectation that a church could be permitted at the subject location as it is not allowable by either the existing GGAMP nor that just transmitted to the State. The criteria for applying for a small Sol isAndy From: Barry Kotek <bkotekl @comcast.net> Sent: Monday, February 25, 2019 3:39 PM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Grace Romanian Baptist Church Follow Up Flag: Follow up Flag Status: Completed Sent from Mail for Windows 10 Dear Commissioners, We have lived on 1st Ave SW for 14 years. We moved to Golden Gate Estates for the rural character of the area. Adding another church to an area that already has a park, an Elementary School and two other places of worship is just too much for the roadways. We walk our dog on 1st Ave and Weber and have almost been hit several times by speeding school parents or church members. We have complained about the speeders to the sheriff's department, but they have done nothing to alleviate the problem. We already have to deal with parent lining up on 1st between 2 and 3 pm to pick up their kids, making it a virtual parking lot. We also have to deal with cut through traffic on Weber, almost always above the 35 mph speed limit. We do not need another 300 parishioners traveling on Weber or 1st almost every day of the week. The property isn't currently zoned for a church and we strongly object to any changes to the zoning. We will not be able to make the meeting due to doctors appointments, but please take our strong feelings into consideration. Sincerely, Barry J. Kotek SolisAndy From: Carlene Thissen <carlene_thissen@yahoo.com> Sent: Monday, February 25, 2019 5:33 PM To: McDanielBill; FialaDonna; SaundersBurt;TaylorPenny; SolisAndy Subject: NO, please to Grace Romanian Baptist Church I'm sorry this is getting to you late, but PLEASE do NOT let them build the church at the corner of 951 and GG Boulevard! We have two churches and a school on our street already. Literally HUNDREDS of parents line up on our street every weekday, so we can hardly get in and out of our homes on 1st Street. When the parents are not lined up, they are late, on their phones, and speeding up and down our street at 50- 60 miles per hour and the Sheriffs office doesn't help. People constantly use Weber and 1st as a "cut-through"to get to GG Blvd from White. Our real estate values are going to drop really significantly---and it's already really difficult to live on this street--- and no one helps us! Please don't add one more thing to mess with us. Thank you for listening. I wish I could be there. Carlene A. Thissen 3670 1st Avenue SW Naples,FL 34117 239-290-5558 -cell carlene_thissen@yahoo.com www.reverbnation.com/carlenethissen www.carlenethissen.com Member: BMI Americana Community Music Association Global Songwriters Connection Nashville Songwriters Association Women of Substance Radio Female Musician Academy