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Naples Heritage 17A 6.25.19 documents1 McDanielBill Subject:Joe Huber (412-680-0509) and Walter Kulbacki - Naples Heritage PUD Location:BCC Office Start:Thu 12/8/2016 3:30 PM End:Thu 12/8/2016 4:00 PM Recurrence:(none) Organizer:McDanielBill They are residents of Colonial Court and have concerns regarding the PUD. They will send information ahead of time. Also, this came before the BCC and was sent back to CCPC. It is on the 12/13/16 BCC meeting. Joe Huber wants to join the meeting via phone. I am forwarding you the below letter that I wrote with Joe Huber which suppor ts my strong objection to relocating tennis courts to a single family residential area, where I am a full time resident, when other more suitable locations could have been selected. I solicit your rejection of this PUD Ordinance to incorporate them as a Recreational area at this location for the specific reasons outlined below and look forward to discussing with you tomorrow. Thanking you for your support in this matter, Walter S. Kulbacki 7677 Colonial Court 2 Dear Commissioner McDaniel- This message is follow up to my conversation with your staff about the upcoming matters I am writing you to express my opposition and as spokesperson for all the residents of Colonial Court to the above listed matters that are on the agenda for the Board of Commissioners meeting on December 13th. This proposed development (see attachment )is located adjacent to our home (Huber’s=lot 1) and across the street from the other homes on Colonial Court. These include, the Boissoneault’s(lot 2), Case’s (Lot 3). Leonard’s (lot 4), Kulbacki’s (lot 5) and Bruckerhoff’s( lot 6). Other residents living in close proximity to the development are opposed as well. This matter was previously before the Board in October the matter was sent back to the Planning Commission for a hearing due to many misrepresentation, half- truths , and broken promises for further review . While the applicant has made significant modification to the proposed plan to deal with some of the residents objection, they refuse to consider viable alternative sites they themselves have identified which would be better suited for the community with no adverse impact on the residents of Colonial Court. I have attached material indicating the best of these site. The environmental engineers we have consulted believe this alternative site is viable and could be developed at a comparable cost. Looking at this matter on its face it would appear that this is simply an attempt to amend the PUD in order to create a recreational zone in the PUD and gain additional parking : however this is misleading , these matters are part of a project by Naples Heritage Golf and Country Club to erect a new fitness center, and administrative offices near the existing clubhouse restaurant, golf club and swimming pool. In order to accomplish this they seek to eliminate the existing four tennis courts located in the club house area and relocate these and expand to six tennis courts adjacent to our property. Attached is a promotional brochure on the Project as well the proposed site plan. Colonial Court is composed of all single family homes (6)located on the only cul de sac in the single family community of Naples Heritage known as Cypress Point composed of 101 single family homes. There are no (RA)recreational zoned areas in the PUD and other than the homes located on the golf course there are no recreational facilities in Cypress Point The existing tennis courts are located near the existing club house which are nearly 2 miles from this proposed site All of the homes on Colonial Court are currently surrounded by preserve, conservation easements and woods. See pictures One of the misrepresentation made by the applicant initially was that this land was purchased for the purpose of developing a tennis center (initial testimony at Planning Commission) ;however the truth is that the land was purchased in 2004 due to a concern that the property would be developed and that such development could allow traffic from the development to use the roads in the PUD.(see attached) . The irony here is that they purchased it to prevent development , now they seek to do the very thing they attempted to prevent.While management contends that the property would eventually be used for a community purpose, the property could easily be left in a preserve condition and used to trade or exchange for other property currently in preserve as mentioned above. Another significant misrepresentation made during this process has been that the Army Corps of Engineers would not approve any of the alternative sites nor would they consider new property in a trade or exchange for existing preserve or conservation areas . We have learned that Naples Heritage 1)never made an application for an alternative site with the Army Corps of Engineers2) Published the alternative analysis report (April 2016) after the decision and vote on the overall campus improvement plan by the community (March 2016) 3) the Army Corps of Engineers would consider a trade of property if appropriate. (see attached email from Army Corps of Engineers0. Our objections are well documented in the file on this matter These objection include: 1) Negative Impact on the Residential Environment –Approving these matters would completely change the peaceful enjoyment of our homes as well as destroying an essential preserve and conservation area that should be maintained. Owners paid a premium for their lots in this neighborhood properties and were told that the conservation and preserve areas would be protected. Vacation of the conservation is contrary to this representation. Approval of these 3 changes will negatively impact property values of the residents on Colonial Court making them less desirable . 2) Safety and Traffic Flow- Development of his site as a Tennis Center would greatly increase traffic , and create a safety hazard not only for the residents of Colonial Court but for those that use Colonial Court for walking , jogging and bike riding. There are no sidewalks on Colonial Court. The road network was not designed for this level of traffic nor was it designed as a feeder road. There will be two intersection within 75 feet. The tennis community holds competition with other clubs several times a year. This will inevitably lead to increase traffic and inadequate parking. Having the tennis courts located near the clubhouse where there is adequate parking and designed road network to handle this type of traffic flow would be a better alternative. 3) Buffer Inadequacy. While the buffer has been increased since our objections have been raised, they will be inadequate to prevent noise , visibility and disruption cause by locating the tennis center at this site. The entrance is off Colonial Court near residents driveway entrance. Providing a landscape buffer fails to address the end result of permanently altering the character of the neighborhood. 4) Failure to Make a Good Faith Effort for Alternative sites- As pointed out above the whole premises of this being the only suitable site is false. Management and the Board have failed to pursue a solution that would better serve the entire community without negatively impacting the residents of Colonial Court. No application was ever made for these alternatives even though their own report shows alternatives existed. Alternatives we believe are better suited and cost effective for the entire community 5) Bird and Wildlife Impact- All the land to the south, east and west of the residences on Colonial Court is currently either wooded, conservation or preserve. Residents commonly see birds, deer , squirrels, raccoons and occasionally panthers. The development of this site as a recreation with the attendant noise and traffic will negatively impact the environment for this wildlife. 6) Topographical Concerns including Water Flow- Due to the low level and topographical contour of the land, water flow, containment and sloop of the land considerable fill be required this could negatively impact drainage and create the potential for standing water. 7) Letter of Objection- All of the adjacent property owners have filed objection to the Vacation of the Conservation easement separating Colonial Court form the site. The Executive Summary by the staff list Criteria for considering PUD Amendments. A number of these are relevant in regards to this matter. They include the following: 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. Inconsistent with current use 2. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Incompatible 3. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? Inappropriate 4. Would the requested PUD rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Yes . No other RA in PUD 5. Will the proposed change adversely influence living conditions in the neighborhood? Yes 4 6. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with the surrounding land uses…. Yes 7. Will the proposed change create a drainage problem? Likely 8. Will the proposed change adversely affect property values in the adjacent area? Yes 9. Is the change suggested out of scale with the needs of the neighborhood…? Yes 10. Whether it is impossible to find other adequate sites in the county for the proposed use? Other sites available We believe that any one of these considerations should be sufficient to not approve the above matters. In our view there are more suitable alternative locations to locate the Tennis center . There has not has not been a good faith effort to pursue an alternative location for these courts. The residents of Colonial Court are not objecting to the Campus Improvement Plan merely the location of the tennis center for the reasons set forth above. While much of the applicants arguments for this location has focused on environmental consideration, they have not taken into consideration the environment of the residents of Colonial Court. We believe and have submitted for the record that the alternative site can be used with little or no additional impact on the environment. The Naples Heritage Community approved a Plan that included a new fitness center, administrative offices, enhanced club house and swimming pool as well as the tennis courts. Disapproval by the Board would not jeopardize these plans rather it would require Naples Heritage to choose another location for these tennis courts, one or more we recently learned were identified. This alternative site would be more convenient , less intrusive, safer, and less controversial that the proposed application and allow the residents of Colonial Court to continue to enjoy their resident in the manner they have become accustomed.. There is no public benefit to approving the amendments to the PUD or vacating these easements but rather an adverse impact on the residents of Colonial Court and adjacent properties owners. This matter is being considered by the Army Corps of Engineers, and the South Florida Water Management District We ask that you do not approve the amendments to PUD and refuse to vacate the easements listed above or in the alternative postpone the decision until such time as these agencies approve the applications. I will follow up by phone to discuss the points raised herein. Thanks you for your consideration.