Commissioner McDanielEx parte Items – Commissioner Bill McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 27, 2024
BOARD OF ZONING APPEALS – None
ADVERTISED PUBLIC HEARINGS – None
CONSENT AGENDA –
16.A.2. This item requires that Commission members provide ex-parte disclosure.
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
Rivergrass North - Phase 1A (Application Number PL20220007569),
approval of the standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $8,858,927.35. (District
5) (27770)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
16.A.3. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to approve for recording the minor final
plat of City Gate Commerce Center, Phase One, Replat of Lots 7, 8, and 9,
Application Number PL20230017041. (District 3) (27752)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
SUMMARY AGENDA –
17.D. This item requires that Commission members provide ex-parte disclosure.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a rezoning ordinance amending Ordinance No.
2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned
Unit Development (MPUD), to increase the maximum zoned height of two
buildings on Lot 2 from 50 feet to 55 feet near the southwest corner of Collier
Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49 South,
Range 26 East, Collier County, Florida. [PL20230010984] (District 3) (27793)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Bill McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 27, 2024
BOARD OF ZONING APPEALS –
8.A. *** This Item to be heard no sooner than 10AM. *** Recommendation that the
Board of County Commissioners, sitting as the Board of Zoning Appeals, review
the appeal of the August 18, 2023, Official Interpretation issued by the Zoning
Director regarding the type of use or uses that qualify as a neighborhood fitness
and community center, a Conditional Use in the Golf Course Zoning District, and
uphold the interpretation of the Zoning Director that a “neighborhood fitness and
community center” is a facility that serves the fitness and community needs of
various neighborhoods and a broader community. This is a county-wide
Interpretation not specific to the Lakewood Golf Course. (All Districts)
(27807)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
ADVERTISED PUBLIC HEARINGS – None
CONSENT AGENDA –
16.A.2. This item requires that Commission members provide ex-parte disclosure.
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
Rivergrass North - Phase 1A (Application Number PL20220007569),
approval of the standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $8,858,927.35. (District
5) (27770)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
16.A.3. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to approve for recording the minor final
plat of City Gate Commerce Center, Phase One, Replat of Lots 7, 8, and 9,
Ex parte Items – Commissioner Bill McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 27, 2024
Application Number PL20230017041. (District 3) (27752)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
SUMMARY AGENDA –
17.D. This item requires that Commission members provide ex-parte disclosure.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a rezoning ordinance amending Ordinance No.
2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned
Unit Development (MPUD), to increase the maximum zoned height of two
buildings on Lot 2 from 50 feet to 55 feet near the southwest corner of Collier
Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49 South,
Range 26 East, Collier County, Florida. [PL20230010984] (District 3) (27793)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
1
Cristina Tiberia
Subject:Lakewood’s appeal of INTP-PL20230010644 - conference call
Location:see notes for conference call details
Start:Wed 2/21/2024 11:00 AM
End:Wed 2/21/2024 11:30 AM
Recurrence:(none)
Organizer:Bill McDaniel
Awesome! Here is the conference call number:
Call-In Number: (267) 930-4000
When prompted, enter the access code: 437764510
From: Kaitlin Chylinski <kchylinski@wpl-legal.com>
Sent: Wednesday, February 14, 2024 4:35 PM
To: Cristina Tiberia <Cristina.Tiberia@colliercountyfl.gov>
Cc: Zach Lombardo <zlombardo@wpl-legal.com>
Subject: RE: Request for Meeting
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good afternoon,
I hope this email finds you well. This firm represents Lakewood Community Services Association, Inc. We were
wanting to inquire about potentially setting up a meeting next week, if Commissioner McDaniel is available, to
discuss Lakewood’s appeal of INTP-PL20230010644, which is currently on the agenda for the February 27, 2024,
Board meeting.
Please let us know of some dates and times next week if Commissioner McDaniel is available.
We appreciate your time and assistance!
Sincerely,
Kaitlin Chylinski, CRP®
PCCE Core Registered Paralegal
Paralegal to Zachary W. Lombardo, Esq.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N., Suite 200
Naples, Florida 34103
OƯice: 239-649-6555 | Fax: 239-649-7342
KChylinski@wpl-legal.com | www.wpl-legal.com
2
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received this transmittal and attachments in error, please notify us immediately by reply email or telephone (call 239-649-
6555) and promptly delete this message and all its attachments from all mailboxes.
FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING
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1
Cristina Tiberia
From:Kaitlin Chylinski <kchylinski@wpl-legal.com>
Sent:Friday, February 16, 2024 4:29 PM
Subject:Subject: PL20230014863 | APPEAL OF INTP-PL20230010644; BZA
Attachments:2024.02.16 RE PL20230014863 APPEAL OF INTP-PL20230010644; BZA.pdf
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good afternoon,
This firm represents Lakewood Community Services Association, Inc. Attached, please find our correspondence
and submittals regarding Lakewood’s appeal of INTP-PL20230010644 which is currently scheduled to be heard by
the Board on February 27, 2024.
Please confirm that, in addition to the attached, that all submittals to date for both PL20230014863 and INTP-
PL20230010644 will be included in the Agenda packet for the hearing.
Thank you.
Sincerely,
Kaitlin Chylinski, CRP®
PCCE Core Registered Paralegal
Paralegal to Zachary W. Lombardo, Esq.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N., Suite 200
Naples, Florida 34103
OƯice: 239-649-6555 | Fax: 239-649-7342
KChylinski@wpl-legal.com | www.wpl-legal.com
Facebook | LinkedIn | Twitter | Instagram
Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or
otherwise privileged or confidential. If you are not the intended recipient, we hereby notify you that you have received this
transmittal in error; any review, dissemination, distribution, or copying of this transmittal is strictly prohibited. If you have
received this transmittal and attachments in error, please notify us immediately by reply email or telephone (call 239-649-
6555) and promptly delete this message and all its attachments from all mailboxes.
FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING
BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA TELEPHONE
1
Cristina Tiberia
Subject:Call w/Commissioner McDaniel re: Lakewood Country Club
Location:Dial: 239-280-5280 Code: 0116456#
Start:Wed 5/31/2023 11:00 AM
End:Wed 5/31/2023 11:30 AM
Recurrence:(none)
Meeting Status:Accepted
Organizer:Richard Yovanovich
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
EST. 1971
MARK J. WOODWARD
Board Certified: Real Estate Law
and in Condominium
& Planned Development Law
ANTHONY P. PIRES, JR.
Board Certified: City, County,
and Local Government Law
J. CHRISTOPHER LOMBARDO
ANTHONY J. DIMORA
Licensed in FL and OH
LENORE T. BRAKEFIELD
CRAIG R. WOODWARD
Senior Counsel
Board Certified: Real Estate Law
KENNETH V. MUNDY
ZACHARY W. LOMBARDO
Board Certified: City, County,
and Local Government Law
CAMERON G. WOODWARD
ROSS E. SCHULMAN
Licensed in FL and NY
F. SCOTT PAUZAR, III
REPLY TO:
3200 TAMIAMI TRAIL N.
SUITE 200
NAPLES, FL 34103
239-649-6555
239-649-7342 FAX
606 BALD EAGLE DRIVE
SUITE 500
MARCO ISLAND, FL 34145
239-394-5161
239-642-6402 FAX
WWW.WPL LEGAL.COM
WOODWARD, PIRES & LOMBARDO, P.A.
ATTORNEYS AT LAW
February 16, 2024
By email
Board of County Commissioners
Collier County Florida
Rick.LoCastro@CollierCountyFL.gov; Chris.hall@colliercountyfl.gov;
Burt.Saunders@colliercountyfl.gov; Dan.kowal@colliercountyfl.gov;
Bill.McDaniel@colliercountyfl.gov
Subject: PL20230014863 | APPEAL OF INTP-PL20230010644; BZA
Hearing date, February 27, 2024
Commissioners,
This firm represents Lakewood Community Services Association,
Inc.
Lakewood is appealing INTP-PL20230010644, the interpretation by the
Collier County Planning and Zoning Director (Director) of the conditional
which renders the word
Lakewood asks the Board of County
Commissioners (BCC), sitting as the Board of Zoning Appeals (BZA) under
section 1.06.01.D.6.c., of the Collier County Land Development Code
(LDC), to reject the official interpretation INTP-PL20230010644 (OI) of the
Direct
matters and has meaning, acting as a limitation.1
The Request for Interpretation, OI, and this Appeal are not site specific. All
properties zoned GC are affected. All residential properties adjacent to or
nearby properties zoned GC are also affected. Due to the large number of
properties and residents impacted, we respectfully request a time certain.
1 This Appeal was initiated on September 18, 2023 by the timely filing of the
Appeal Form and Application, along with supporting narrative, documents
entire Appeal Packet, and the materials from BCC Agenda Item #16.K.6 on
October 24, 2023, be included in the Agenda Book for the BZA hearing on
February 27, 2024, as part of the record of the Appeal.
Page 2 of 3
ROLE OF THE BCC SITTING AS THE BZA
In this appeal:
appeal and shall consider the interpretation of the County Manager or
and public testimony in light of the growth management plan, the future land use
map, the LDC or the official zoning atlas, or building code related matters,
Manager or
determination is not supported by substantial competent evidence or that the
official interpretation is contrary to the Growth Management Plan, the future land
use map, the LDC or the official zoning atlas, or building code, whichever is
THE BZA SHOULD SET REVERSE AND SET ASIDE THE OI
From the entirety of the Appeal Packet, and evidence to be adduced at the BZA
determination is not supported by substantial competent evidence and, to the
contrary, substantial competent evidence will show it is contrary to the LDC and
the GMP.
In addition to the materials and documents in the Appeal Packet noted above,
enclosed with this cover letter is:
The Supplemental Planning Opinion of Susan Swift, AICP; and
The previously submitted Narrative Submittal in Support of Appeal without
exhibits.
Based on the above, as well as the testimony, evidence, and argument to be
entered into the record at the hearing, Lakewood asks that you reject the
specifically that:
1.
evidence.
2.
Page 3 of 3
3. That a Neighborhood Fitness and Community Center (NFCC) is a use that
only serves persons in a limited geographic area i.e. the term
Community Center in the GC Zoning District refers to and means a limited
and identifiable geographic area in the immediate vicinity of and nearby
Planning and Zoning Director M. Bosi.
607 S. Alexander Street
Plant City, FL 33563
(813) 747-9100
boggseng.com
ANALYSIS & PROFESSIONAL OPINION UPDATED REPORT
IN SUPPORT OF APPEAL OF OFFICIAL INTERPRETATON # INTP-PL 2023-0010644
LAKEWOOD COMMUNITY SERVICES ASSOCIATION, INC.
Collier County, FL
This report is a professional planning analysis and opinion in support of the Appeal by Lakewood
Community Services Association, Inc. of the Official Interpretation INTP-PL 2023-0010644. The
Appeal respectfully requests that the Board of County Commissioners (BOCC), in its capacity as
Board of Zoning Appeals (BZA), set aside the Official Interpretation by the Planning Director. The
a Neighborhood Fitness and Community Center. That is, what use or uses constitute a
Said use is listed as a Conditional Use
in the Golf Course, Recreation, and Open Space (GC) zoning district per Section 2.03.09A.1.c.7 of
the Collier County Land Development Code (LDC).
The Official Interpretation by Mike Bosi, AICP, Collier County Planning and Zoning Director states:
In conclusion, I find that Conditional Use No. 7 in the Golf Course Zoning District,
This report provides substantial and competent evidence that refutes the Official Interpretation
and supports the Appeal. The following statements summarize the more detailed analysis of my
professional planning opinion:
.
The Official Interpretation does not provide any definitions, features, facilities,
characteristics of use or relevant examples of the types of activities that comprise a
Neighborhood Fitness and Community Center use, as requested in the ROI.
A review of the other Conditional Uses in the GC district does not shed any light what
constitutes a Neighborhood Fitness and Community Center. In fact, no other use in the
GC district is modified or limited by the word .
intended to identify the appropriate location and impacts of a NFCC use rather than its
Market Area.
-commercial uses such
as a Neighborhood Fitness and Community Center; the GC District does not list
allowed as a support use within
Accessory Use #2.
The staff asserts, without supporting reasoning, that because some of the other Golf
Course (GC) District uses not limited ,d/or
regional attractors, that therefore, the Neighborhood Fitness and Community Center may
also be a regional attractor.
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 2 of 18
The Golden Gate Community Center is not a Neighborhood Fitness and Community
Cent
reasons: 1) Golden Gate is a County public park and facility; and 2) Golden Gate is zoned
C-1, not GC.
Community Center could serve any neighborhood in the County, even if it does not serve
the neighborhood in which it is located. This is not supported by
opinions, specifically in his testimony regarding food truck parks, as explained below.
directly at odds with his testimony and interpretation in a hearing before the BZA on October 12,
2021 that provided a proper definition:
Additional analysis and findings to support my opinion are provided on the following pages.
ANALYSIS
As noted, the Request for Official Interpretation (ROI)
formatted to follow those three issues.
1. That a Neighborhood Fitness and Community Center (NFCC) is a use that only serves persons
Neighborhood Fitness and Community Center in the GC Zoning District refers to and means a
limited and identifiable geographic area in the immediate vicinity of and nearby the property
adjacent lands and surrounding lands.
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 3 of 18
use that appears as a Conditional Use in the
Golf Course zoning district.
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 4 of 18
Park, neighborhood: Means a park which serves the population of a neighborhood and is
generally accessible by bicycle or pedestrian ways.
Section 2.03.09.A.1.c of the LDC specifically states that Conditional Uses in the Golf Course
to the neighborhood
(Section 1.04.02) uses the same language. This further supports that the word
comparable, as the staff
incorrectly states, to a 4-mile market area of the Golden Gate Park which is a public facility
and is zoned as a commercial district.
Growth Management Plan Support
Nor does the Growth Management Plan (GMP) define the words neighborhood or
community, however, it includes several policies and infrastructure projects that describe the
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 5 of 18
C to
characterize uses, the differences between a fitness center and community center become
clearer. SIC Industry code 7991 is a Physical Fitness Facility, however, it is a different industry
code if it is open to the public (7999) and yet another if operated on a membership basis
(7997). There is no code for a neighborhood fitness facility.
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 6 of 18
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 7 of 18
BBE # 23108
Lakewood Community Services Assoc., Inc.
February 16, 2024 Page 8 of 18
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
Appendix A
Maps of Golf Course (GC) districts in Collier County
April 21, 2023
Helen Frustace
2 D50 Pine Isle Lane
Naples, FL 34112
County Commissioners
3299 Tamiami Trail East
Suite 303
Naples, FL 34112
dro
0
APR 2 4 2023
COII�ACtlJN1'� gOpRD OF COUt1n OOMMISSAN�S
Attention: Rick LoCastro, Chris Hall, Burt 1. Saunders, Dan
Kowal, William L. McDaniel, Jr.
Dear Sirs,.
My family and I have lived at Boca Ciega Manor since it was
built in the early 1980's. It is a small beautiful community
in a deeded residential zone.
The news of the proposed rezoning of the Lakewood Country
Club property to allow for Starability Foundation commercial
space is overwhelming. It is not a question of the good
work of the Starability organization but whether to locate it
in the middle of a deeded residential community in
Lakewood.
With the continuing development and growth taking place
throughout Naples, surely there are more appropriate sites
to build on that would be feasible for a community service
center providing services for several hundred clients and
staff including food services rather than in the middle of
residential homes that are protected under the terms of
restricted deeded land.
1 am imploring all council members to vote NO on
proceeding with the Starability development in Lakewood.
Many of us bought our homes specifically because of the
uniqueness of Lakewood knowing the land was deed
restricted to residential; not to be rezoned for commercial
space. Take a moment to think how you and your facilities
would feel if this was happening in your neighborhood.
Again 1 want to be clear. 1 am not opposed to or criticizing
the work of Starability but to the choice of building in a
residential community.
Sincerely,
Helen Frustace
William L. McDaniel, Jr.
3i
Commissioner D5
` 3299 Tamiami Trail East, Suite 303
Naples, FL 3412
r
� Mr. McDaniel,
I am writing to you to apprise how pleased we are to have been welcomed into the Lakewood
..++...,,.+„A +. tha h�k;tnti of natriro c„rmiindine Our new home; the V
tIV JClLUItIII�LV1i91;ituiit i'�
To unfavorably approve a re -zoning would be detrimental to our little community. Preserving our trees
improves air quality, conservesenergy, reduces storm water run-off, sequesters carbon and more
broadly, helps maintain our livable/healthy community and our habitat with its wonder of nature.
Please Mr. McDaniel, save our community from unmatched infrastructure and re -zoning, be our partner
to keep Lakewood `the best kept secret.`
Thank you for your time and consideration,
Nancy Jage
I ell,
4704 Lakewood Blvd.
NI
Naples, FL., 34112
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