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Backup Documents 02/27/2024 Item # 8A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 14 61C 67 -(47-02 L/ 4. BCC Office Board of County Commissioners CP 31 ZV 5. Minutes and Records Clerk of Court's Office 410 //lb PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi/Zoning Phone Number 239-252-1061 Contact/ Department Agenda Date Item was February2024 Agenda Item Number 8A Approved by the BCC Type of Document Resolution i Number of Original 1 Attached � Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HFAC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HFAC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-27-24 and all changes made during the r N/A is not meeting have been incorporated in the attached document. The County Attorney's ( v an option for Office has reviewed the changes, if applicable. line 9. Initials of attorney verifying that the attached document is the version approved by the NAVISiint BCC,all changes directed by the BCC have been made,and the document is ready for the ((\(-/ an option for Chairman's signature. � tl ' f 8A RESOLUTION NO. 2024— 35 A RESOLUTION REJECTING THE OFFICIAL INTERPRETATION PL20230010644 RELATING TO THE USES THAT QUALIFY AS A "NEIGHBORHOOD FITNESS AND COMMUNITY CENTER" IN THE GOLF COURSE AND RECREATIONAL USE DISTRICT. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, on August 18, 2023, the Zoning Director issued an Official Interpretation PL20230010644 that a "neighborhood fitness and community center," a conditional use in the zoning district designated as the Golf Course and Recreational Use District"GC,"is a facility that serves the fitness and community needs of various neighborhoods and a broader community, and gave as an example,the Golden Gate Community Center; and WHEREAS, Anthony P. Pires, Esq. and Zachary W. Lombardo, Esq., representing Lakewood Community Services Association, Inc., filed Petition PL20230014863,which appealed Official Interpretation PL20230010644, and sought to reverse the conclusion of the Official Interpretation PL20230010644; and WHEREAS, on February 27, 2024, the Board of County Commissioners, acting as the Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition PL20230014863; and WHEREAS,all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Board hereby rejects the Official Interpretation PL20230010644 as not being based on competent substantial evidence, in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on February 27, 2024. Lakewood OI Appeal PL20230014863 2/29/24 8A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 27th day of February, 2024. ATTEST: BOARD OF ZONING APPEALS CRYSTALat. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Attest as l ' airm res,'Douty Clerk C ALL, C airman signet 's :nly ...• ."' Approved as to form and legality: yr— Heidi F. Ashton-Cicko Managing Assistant County Attorney Lakewood 01 Appeal PL20230014863 2/29/24 Anthony Pires From: Anthony Pires Sent: Sunday, February 25, 2024 1:19 PM To: Jeff Klatzkow; Michael Bosi; Heidi Ashton; Amy Patterson; James French; Commissioner Chris Hall Cc: Zach Lombardo; Lenore Brakefield Subject: RE: BZA APPEAL HEARING; ITEM 8.A, BCC AGENDA, FEB. 27, 2024 Attachments: Request For Official Interpretation By Lakewood Community Services assocaition, Inc. 5.30.2023. WITH EXHIBITS.pdf; Errata letter RFI TO M. BOSI 6.1.23.pdf; Appeal of Official Interpretation Form.pdf; 2023_09_18 Cover Letter.PDF Tracking: Recipient Read Jeff Klatzkow Michael Bosi Heidi Ashton Amy Patterson James French Commissioner Chris Hall Zach Lombardo Lenore Brakefield Read:2/26/2024 10:09 AM sswift@boggseng.com Kaitlin Chylinski CHARLES L.SALYER VICKIE DOWNS SaundersBurt Commissioner Daniel Kowal Commissioner Rick LoCastro McDanielBill ALL, in reviewing what has been included in the Agenda packet it appears that there are a number of items that are missing. Please include the following [attached] and provide to all the Board members as they are part of our filings in this matter and I did not see them included in the material available on line included as part of or attachment to the Agenda Packet: If I missed them in the material available on line included as part of or attachment to the Agenda Packet, I will stand corrected. 1 . The complete Request For Official Interpretation dated May 30, 2023, with exhibits. I did not see the attached exhibits in the agenda packet. 2. The complete "errata" letter dated June 1 , 2023, and all of its exhibits. 3. The attached Appeal of Official Interpretation form. 4. The appeal cover letter dated and filed September 18, 2023. Tony Pires Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. J. PANII ,► WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW May 30, 2023 MARKJ.WOODWARD By U.S. Mail, Email and upload Board Cerosed:RealEstate Law andinCorrdatwmun to the GMD Public Portal & Planned Development Law ANTHONY P.PIRES,JR. Michael Bosi, Planning and Zoning Director BoudCertifc City,Counn; Growth Management Division/Planning and Regulation and I<ral Government Law Collier County J.CHRISTOPHER LOMBARDO 2800 North Horseshoe Drive ANTHONY J.DIMORA Ikccn,LdinFL and OH Naples, FL 34104 LENORE T.BRAKEFIELD Subject: Application/Request(s) for Official Interpretation By CRAIG R WOODWARD Lakewood Community Services Association, Inc. of Section 1.06.01.D Senior Counsel of the Collier County Land Development Code ("LDC") and Ch. 4.G Board Ccxti&cxl:Real Fsratc l aw of the Collier County Land Development Code, Administrative KENNETH V.MUNDY Procedures Manual ("LDC Administrative Procedures Manual"). ZACHARY W.LOMBARDO Mr. Bosi, CAMERON G.WOODWARD ROSS E.SCHULMAN The applicant, Lakewood Community Services Association, Inc. (the Licensed>nF1"and NY "Applicant" or "Lakewood") by and through undersigned counsel, submits F.scorrrAuzAR In the Application/Request for Official Interpretation outlined below and herein CHRISTOPHERR.HEFLIN ("ROI"). This ROI is being submitted and filed pursuant to Section 1 .06.01.D of the Collier County Land Development Code ("LDC") and Ch. 4.G of the Collier County Land Development Code, Administrative Procedures Manual ("LDC Administrative Procedures Manual"). Please contact the undersigned for all communications on this matter at the postal address on this letterhead and at the email address of apires@wpl-legal.com. Please advise as to the appropriate fee to be submitted Lakewood Community Services Association, Inc. ("Lakewood") is a REPLY TO: Florida not for profit corporation representing the fifteen (15) distinct residential communities in Lakewood, consisting of three (3) condominiums, 3200 TAMIAMI TRAIL N. SUITE 200 nine (9) villa communities/neighborhoods and three (3) single family NAPLES,FL 34103 239-649-6555 neighborhoods.' 239-649-7342 FAX J 606 BALD EAGLE DRIVE SUITE 500 P.O.Box• MARCO ISLAND,FL34146 239-394-5161 1 Lakewood Condominium 1, Lakewood Condominium 2, Lakewood 239-642-6402FAX Condominium 3. Lakewood Single Family Homes 1 , Lakewood Single WWW.WPL-LEGAL.COM Family Homes 2, Lakewood Single Family Homes 3. Lakewood Villas I, Lakewood Villas II, Lakewood Villas III, Lakewood Villas IV, Lakewood 1 These fifteen (15) well established Lakewood residential communities and neighborhoods, located on property platted pursuant to six (6) "Lakewood" plats2, comprise the "Lakewood Community" or "Lakewood Neighborhood". In addition, Lakewood is the owner of four (4) properties in Collier County (see attached Exhibit "A"). Lakewood is also the responsible entity for the operation and maintenance of the stormwater management (drainage) system for the Lakewood Community. As a land owner and affected person, pursuant to Section 1.06.01.D of the Collier County Land Development Code ("LDC") and Ch. 4.G of the Collier County LDC, Administrative Procedures Manual, Lakewood hereby submits and files this Request for Official Interpretation. BACKGROUND There is a golf course located within the Lakewood Community, referred to as the Lakewood Country Club, said golf course being depicted on the aerial photograph attached as Exhibit "B". As can be seen from the aerial photo, the golf course is surrounded by the residential Lakewood Community. The Parcel ID for the golf course property, per the Collier County Property Appraiser, is 00393280003 and the golf course is owned by SWF Golf Holdings, LLC. The golf course property is zoned Golf Course ("GC"), per the Official Zoning Atlas, see attached Exhibit "C". The golf course property is located in the Urban designated area of the future land use element of the growth management plan, see attached Exhibit "D". The listed conditional uses in the GC District include an undefined "Neighborhood Fitness and Community Center". There is no definition for "neighborhood" in the Collier County Land Development Code ("LDC") nor is there a description or definition as to what type of facility qualifies as a "neighborhood fitness and community center" or what use or uses constitute a "neighborhood fitness and community center". This ROI is to obtain the following clarification and official and formal interpretation as to what type of facility qualifies as a "neighborhood fitness and community center", that is, what use or uses constitute a "neighborhood fitness and community center": 1. That a "Neighborhood Fitness And Community Center' is a use that only serves persons in a limited geographic area. i.e.. the term "neighborhood" in the context of the conditional use of a "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 where the proposed "Neighborhood 2 The plats are Lakewood Unit 1 , Lakewood Unit 2, Lakewood Unit 3, Lakewood Unit 4, Lakewood Unit 5, and Lakewood Unit 6, 2 Fitness And Community Center" is to be located, and adjacent lands and surrounding lands. 2. That a "Neighborhood Fitness And Community Center" cannot be used to serve persons outside of a limited geographic area and that limited geographic area is for persons in properties located no more than 500 feet of the property lines of the subject property where the "Neighborhood Fitness And Community Center" is located. 3. That when there is a readily identifiable "community" or "neighborhood", such as the Lakewood Community, in the context of a proposed "Neighborhood Fitness And Community Center" on the Lakewood Country Club golf course property, the primary use or uses of any such "Neighborhood Fitness And Community Center" must be limited to serve persons owning or residing in the Lakewood Community. A "NEIGHBORHOOD FITNESS AND COMMUNITY CENTER" IS A USE THAT SERVES A LIMITED GEOGRAPHIC AREA THE MEANING OF "NEIGHBORHOOD" No definition of "neighborhood" appears in the LDC or the LDC Administrative Procedures Manual. Black's Law Dictionary, 1078 Edition defines "neighborhood" as: "[t]he immediate vicinity; the area near or next to a specified place", Black's Law Dictionary 1200 [10th ed 2014]. The Oxford American Dictionary & Thesaurus, (2d ed. 2009) contains a definition of "neighborhood" as a district. especially one forming a community within a town or city: the area surrounding a particular place, person, or object. For many land use applications, the current LDC and the LDC Administrative Procedures Manual requires that the applicant conduct a noticed "Neighborhood Information Meeting''. The notification area(s) for applicable land use petitions/applications can be found in Chapter 8 of the LDC Administrative Procedures Manual. The requirements in Chapter 8 as to the radius/distance of the persons required to be provided notice is consistent with the above definition. For property owners in the Urban designated area of the future land use element of the growth management plan entitled to mailed notice. the "notification area" includes: A. All property owners within 500 feet of the property lines of the subject property or one mile of the property lines of the subject property if located within the areas designated in the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan. B. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property, the 500 foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3 C. The maximum notification area is 1 mile (2,640 feet) from the subject property, except for areas designated in the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan. Chapter 8.C, LDC Administrative Procedures Manual Based upon the foregoing it is respectfully requested that you render an Official Interpretation that: 1. A "Neighborhood Fitness And Community Center" is a use that only serves persons in a limited geographic area, i.e, the term "neighborhood" in the context of the conditional use in the LDC of a "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 where the proposed "Neighborhood Fitness and Community Center" is to be located, and adjacent lands and surrounding lands. 2. A "Neighborhood Fitness And Community Center" cannot be used to serve persons outside of a limited geographic area and that limited geographic area is for persons in properties located no more than 500 feet of the property lines of the subject property where the "Neighborhood Fitness And Community Center" is located. 3. When there is a readily identifiable "community" or "neighborhood''. such as the Lakewood Community. in the context of a proposed "Neighborhood Fitness And Community Center. on the GC zoned Lakewood Country Club golf course property. the primary use or uses of any proposed "neighborhood fitness and community center' must be limited to serve persons owning or residing in the Lakewood Community. If more information would be helpful, please let me know. We reserve the right to supplement this submittal with additional materials. Respec ! ire , J y, o Enclosure(s) Cc w/encl: Ray Bellows; Jeffrey Klatzkow; Amy Patterson; Client 4 EXHIBIT "A" TO REQUEST FOR OFFICIAL INTERPRETATION Print • y liP ,41‘.. ..., .,.- .Vlf*t:1 • �a � t, : a, N; — ` MAP LEGEND ?u"�, Major Roads r „+,. + 1 _ Street Names ;i Parcels 4 g e y �- $ c..,33,.. AaHats 2023 Urban(OIN] ,• £�P Aerials 2023 Rural(3f1] ". ' y, _ ;c - ■ Collier County . . " . .,.•'',•!' tk,io: . t ... ,,.. .r . ,. , : ., ,.. . . ,..... , , -.0 - .49 , . .„„ , , . . ,- 1\- Folio Number:53750160001 4 „.... Name:LAKEWOOD COMM SERV 1{ ASSOC INC Street#&Name: e Build#/ t#:iB/1 � '• L1 UNDIIVUni BLK tB LT 1LTHATVP RT UOFT M NY BLKBLK BB S 39DESC DEGAS ECOM 94FT,NWL 50DEGCRN E ..- re' ,.,:\ ... 4 s Y, s - aunt,P,0avty AYVrws,... r., a. d� � '. 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties epressed or implied are provided for the data herein,its use,or its interpretation. drib Pr„[ MAP LEGEND ' ♦ 1 may ' Major Roads }, - fa. Street Nantes ' iiiht g - S " Percale �. id Aerials 2023 Urban Mall .*, ; , eN . ' * * ;'' it Aerials 2023 Rural WTI ■ Collier County Ifif l' - .-'-' \V°'''''", -- Number:53754440109 �? Name:LAKEWOOD COMM SERV illrr. + T so ,. . ,..,„. r F ASSOC INC !Street#&Name: Build#/Unit#:RW/1 Legal Description:LAKEWOOD UNIT 7�'' 4 1 DRAINAGE R/W ADJACENT TO LOTS 1,2 AND 3,BLOCK H;NKA ON DRAINAGE R/W 1 Ca ComtyPra 1nA.: .� ��laa7es.. a q U-2'1ft 2004.Collier County Property Appraiser While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. ■ Prin, 11 t i r e .12,''il 1 ' .':''"It) *:::.1.1.:11 \ r.:::.:?:"1:7.14:1;:4;...:•'....''.t..;';' ,_• „I`,: '' -a y Air n . ,y .4 y MAP LEGEND �� I Major Roads I. .•.'tea• ,. < _ t Street Names t ' Parcels � - "'& Aerials 2023 Urban 161N1 m `f Anlals 2023 Rural I2f tj j v ` ' El Collier County ., m i Folio Number:53754440206 r*• 1 • Name:LAKEWOOD COMM SERV _ ASSOC INC i,..:etw Street#&Name: 1Build#/Unit#:RW/2 a Legal Description.LAKEWOOD UNIT i 1 DRAINAGE R/W LYING BE; WTEENNKA BLOCK"L"AND BLOCK2 "H" reilif " .,a ti *�< DRAINAGE R/W 1 - - ill , •o41rmCount)'P+naa±ty.0craucr.Nacres FL. * ',• -_ O-2Oft 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties e�ressed or implied are provided for the data herein,its use,or its interpretation. t - - '' + „, } • . MAP LEGEND x a Major Roads "` rt ,- Street N if ames ,) r,.y f 1 Parcels ` I t a , Aerlais 2023 Urban i6+t+I ar` z Aerials 2023 Rural{2FT1 . tow to' 7r' a - ■ Collier County y s 1 °,y' R ;u, o Folio Number:53900040007 Name:LAKEWOOD COMM SERV x � 1 ASSOC INC i Street#&Name: ° "� BUIId#I Unit#:A/1 t 1 Legal Description:LAKEWOOD UNIT t 4 OUTLOT A LOT 1 OR 1082 PG 818 - 44 , ' *. ' Alk 1 4 4 ''� .' , s 7 :L - -,..41.441 - 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties e>bressed or implied are provided for the data herein,its use,or its interpretation. Z 1111111 a A LL o O • • A rt. r 1 �D�.Loa. a ,DER �tiolX• , 4 F �es; # T - �t �l Mcr'C�l• r, wv.. , +���_ %,i���� ;t�'�����. aPNFF+,4< •„ $ rfRgins -•:N.* �. ilrr4rr4 41lI I.... ,406 h l .14' ' AO it Vit W Si drr/J1I6 11 4 ti�..i y ",��a.,a,cw,'y �/ ' �� is e+.ercw- 1744, - ; ;!!�! r11Mi�NiL1�i1F Ij LL I _ /�+ itr Y�. 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' t*.4 C ....4.:, el* ,, .1011/11104„'6 ot- 44''. ,4k-ipi ' ,' * '—an irt,r lit , INA at rBECGhHd00'f..L 5` it eNJ 0 ,"'; . . � +fix '. 1 - ix) r , . .. , , . 40 N .....wow., 0 4111,1111t 4g*r ./7"..S\OAl. b.° * • * :::- ' - .,. . 0 \*-. frit i \I\i' 1. 11111r r .40„ lc" -= it ,.': , a + '" ► • `> , g ' _ rQ h UQO NQ� �W= mOr wOQ w yO=ZZoZ xra rra r2ww� WyQ ys w Z W �Ow fW/1Qa Q(Z'1Q ENO ypW 72s q rO �WH FZO uU� W W W Hf� Z U, N S cr w I _w o Z J H 0 F z U) a. u_ CD ZEt LIJ g f CC O 0 Q = a c WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW June 1, 2023 MARK J.WOODWARD By U.S. Mail and Email B°aidc-6-1-Rea'Estue Michael Bosi, Planning and Zoning Director Law and incondaivnium& Planned Deselopment Law Growth Management Division/Planning and Regulation ANTHONY P.PIRES,JR. Collier County Bairdcert'cit)'''"Y 2800 North Horseshoe Drive and I nil Government Law Naples, FL 34104 J.CHRISTOPHER LOMBARDO ANTHONYni J.nFLMO H Subject: May30, 2023 Application/Request(s) for Official Inter Interpretation By J p Y Lakewood Community Services Association, Inc. of Section 1.06.01.D of the LENORET.BRAKEFIELD Collier County Land Development Code ("LDC") and Ch. 4.G of the Collier County Land Development Code, Administrative Procedures Manual ("LDC CRAIGRWOODWARD Administrative Procedures Manual"); Correction Senior Counsel Board Cerf e :Real Estate Law Mr. Bosi, KENNETH V.MUNDY ZAN,� � The applicant, Lakewood Community Services Association, Inc. (the mBAR "Applicant" or "Lakewood") by and through undersigned counsel, submitted CAMERONG.WOODWARD its Application/Request for Official Interpretation on May 30, 2023 [copy R°s1 sE.sionised i Fva` 'nd NY attached] ("ROI"). This letter is for the limited purpose of correcting and/or F.SCOTTPAUZAR'I' supplementing the following in the ROI: CHRISTOPHER R.HEFLIN 1 . Lakewood Community Services Association, Inc. ("Lakewood") is a Florida not for profit corporation representing the fourteen (14) distinct residential communities in Lakewood, consisting of three (3) condominiums, nine (9) villa communities/neighborhoods and two (2) single family neighborhoods. 2. The fourteen (14) distinct residential communities are: Lakewood Condominium 1, Lakewood Condominium 2, Lakewood Condominium 3. Lakewood Single Family Homes 1, Lakewood Single Family Homes 2, Lakewood Villas I, Lakewood Villas II, Lakewood Villas III, Lakewood Villas IV, Lakewood Villas V, Lakewood Villas VI, Lakewood Villas VII. Lakewood Villas VIII, Lakewood Villas IX. REPLY TO. 3. These fourteen (14) well established Lakewood residential ® 3200 TAMIAMI TRAIL N. communities and neighborhoods, located on property platted pursuant to SUITE 200 six (6) "Lakewood" plats' comprise the "Lakewood Community" or NAPLES,FL 34103 239-649-6555 "Lakewood Neighborhood". 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE SUITE 500 P.O.Box ONE MARco ISLAND.FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL—LEGAL.COM The plats are Lakewood Unit 1 , Lakewood Unit 2, Lakewood Unit 3, Lakewood Unit 4, Lakewood Unit 5. and Lakewood Unit 6, If more information would be helpful, please let me know. We reserve the right to supplement this submittal with additional and further documents and materials as appropriate. Respe Anthony P. Enclosure(s) Cc w/encl: Ray Bellows; Jeffrey Klatzkow; Amy Patterson; Client 2 poi ,,,..........0 „,...„ WOODWARD, FIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW May 30, 2023 MARKJ.WOODWARD By U.S. Mail, Email and upload BoatdCenified:Cond minimeal are to the GMD Public Portal Lawand inCoixbrrm�hun& PLmned Development Law ANTHONY P.PIREs,JR Michael Bosi, Planning and Zoning Director 1 ce ciqccountl: Growth Management Division/Planning and Regulation and Local Government Law Collier County J.CHRISTOPHER LOMBARDO 2800 North Horseshoe Drive ANTHONY J.DIMORA licensed inFL and OH Naples, FL 34104 LENORE T.BRAKEFIELD Subject: Application/Request(s) for Official Interpretation By CRAIG R.WOODWARD Lakewood Community Services Association, Inc. of Section 1.06.01.D Senior Coxutid of the Collier County Land Development Code ("LDC") and Ch. 4.G Board Catificd:Aral Estate l aw of the Collier County Land Development Code, Administrative KENNETH V.MUNDY Procedures Manual ("LDC Administrative Procedures Manual"). ZACHARYW.LOMBARDO Mr. Bosi, CAMERON G.WOODWARD Ross E.SCHULMAN The applicant, Lakewood Community Services Association, Inc. (the 1.censedinFL and I`Y "Applicant" or "Lakewood") by and through undersigned counsel, submits F.SCOTTPAUZARIll the Application/Request for Official Interpretation outlined below and herein CHRISTOPHERR.HEFLIN ("ROI"). This ROI is being submitted and filed pursuant to Section 1 .06.01.D of the Collier County Land Development Code ("LDC") and Ch. 4.G of the Collier County Land Development Code, Administrative Procedures Manual ("LDC Administrative Procedures Manual"). Please contact the undersigned for all communications on this matter at the postal address on this letterhead and at the email address of apires@wpl-legal.com. Please advise as to the appropriate fee to be submitted Lakewood Community Services Association, Inc. ("Lakewood") is a REPLY To: Florida not for profit corporation representing the fifteen (15) distinct residential communities in Lakewood, consisting of three (3) condominiums, 1 3200 TAMIAMI TRAIL N. SUITE 200 nine (9) villa communities/neighborhoods and three (3) single family NAPLES,FL 34103 239-649-6555 neighborhoods.' 239-649-7342 FAX J 606 BALD EAGLE DRIVE SUITE 500 P.O.Box•• MARCOISLANL FL34146 239-394-5167 1 Lakewood Condominium 1, Lakewood Condominium 2. Lakewood 239-642-6402FAX Condominium 3. Lakewood Single Family Homes 1 , Lakewood Single WWW.WPL—LEGAL.COM Family Homes 2, Lakewood Single Family Homes 3, Lakewood Villas I, Lakewood Villas II, Lakewood Villas III, Lakewood Villas IV, Lakewood 1 These fifteen (15) well established Lakewood residential communities and neighborhoods, located on property platted pursuant to six (6) "Lakewood" plats2, comprise the "Lakewood Community" or "Lakewood Neighborhood". In addition, Lakewood is the owner of four (4) properties in Collier County (see attached Exhibit "A"). Lakewood is also the responsible entity for the operation and maintenance of the stormwater management (drainage) system for the Lakewood Community. As a land owner and affected person, pursuant to Section 1 .06.01.D of the Collier County Land Development Code ("LDC") and Ch. 4.G of the Collier County LDC, Administrative Procedures Manual, Lakewood hereby submits and files this Request for Official Interpretation. BACKGROUND There is a golf course located within the Lakewood Community, referred to as the Lakewood Country Club, said golf course being depicted on the aerial photograph attached as Exhibit "B". As can be seen from the aerial photo, the golf course is surrounded by the residential Lakewood Community. The Parcel ID for the golf course property, per the Collier County Property Appraiser, is 00393280003 and the golf course is owned by SWF Golf Holdings, LLC. The golf course property is zoned Golf Course ("GC"), per the Official Zoning Atlas, see attached Exhibit "C". The golf course property is located in the Urban designated area of the future land use element of the growth management plan, see attached Exhibit "D". The listed conditional uses in the GC District include an undefined "Neighborhood Fitness and Community Center". There is no definition for "neighborhood" in the Collier County Land Development Code ("LDC") nor is there a description or definition as to what type of facility qualifies as a "neighborhood fitness and community center' or what use or uses constitute a "neighborhood fitness and community center". This ROI is to obtain the following clarification and official and formal interpretation as to what type of facility qualifies as a "neighborhood fitness and community center', that is. what use or uses constitute a "neighborhood fitness and community center": 1 . That a "Neighborhood Fitness And Community Center' is a use that only serves persons in a limited geographic area. i.e.. the term "neighborhood" in the context of the conditional use of a "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 where the proposed "Neighborhood 2 The plats are Lakewood Unit 1 , Lakewood Unit 2, Lakewood Unit 3. Lakewood Unit 4, Lakewood Unit 5, and Lakewood Unit 6, 2 Fitness And Community Center" is to be located, and adjacent lands and surrounding lands. 2. That a "Neighborhood Fitness And Community Center" cannot be used to serve persons outside of a limited geographic area and that limited geographic area is for persons in properties located no more than 500 feet of the property lines of the subject property where the "Neighborhood Fitness And Community Center" is located. 3. That when there is a readily identifiable "community" or "neighborhood", such as the Lakewood Community, in the context of a proposed "Neighborhood Fitness And Community Center" on the Lakewood Country Club golf course property, the primary use or uses of any such "Neighborhood Fitness And Community Center" must be limited to serve persons owning or residing in the Lakewood Community. A "NEIGHBORHOOD FITNESS AND COMMUNITY CENTER" IS A USE THAT SERVES A LIMITED GEOGRAPHIC AREA THE MEANING OF "NEIGHBORHOOD" No definition of "neighborhood" appears in the LDC or the LDC Administrative Procedures Manual. Black's Law Dictionary, 10Th Edition defines "neighborhood" as: "[t]he immediate vicinity; the area near or next to a specified place", Black's Law Dictionary 1200 [10th ed 2014]. The Oxford American Dictionary & Thesaurus, (2d ed. 2009) contains a definition of "neighborhood" as a district, especially one forming a community within a town or city: the area surrounding a particular place, person, or object. For many land use applications, the current LDC and the LDC Administrative Procedures Manual requires that the applicant conduct a noticed "Neighborhood Information Meeting". The notification area(s) for applicable land use petitions/applications can be found in Chapter 8 of the LDC Administrative Procedures Manual. The requirements in Chapter 8 as to the radius/distance of the persons required to be provided notice is consistent with the above definition. For property owners in the Urban designated area of the future land use element of the growth management plan entitled to mailed notice. the "notification area" includes: A. All property owners within 500 feet of the property lines of the subject property or one mile of the property lines of the subject property if located within the areas designated in the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan. B. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property, the 500 foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3 C. The maximum notification area is '/z mile (2,640 feet) from the subject property, except for areas designated in the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan. Chapter 8.C, LDC Administrative Procedures Manual Based upon the foregoing it is respectfully requested that you render an Official Interpretation that: 1 . A "Neighborhood Fitness And Community Center" is a use that only serves persons in a limited geographic area, i.e, the term "neighborhood" in the context of the conditional use in the LDC of a "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 where the proposed "Neighborhood Fitness and Community Center" is to be located, and adjacent lands and surrounding lands. 2. A "Neighborhood Fitness And Community Center" cannot be used to serve persons outside of a limited geographic area and that limited geographic area is for persons in properties located no more than 500 feet of the property lines of the subject property where the "Neighborhood Fitness And Community Center" is located. 3. When there is a readily identifiable "community" or "neighborhood''. such as the Lakewood Community. in the context of a proposed "Neighborhood Fitness And Community Center" on the GC zoned Lakewood Country Club golf course property. the primary use or uses of any proposed "neighborhood fitness and community center'. must be limited to serve persons owning or residing in the Lakewood Community. If more information would be helpful, please let me know. We reserve the right to supplement this submittal with additional materials. Respec y, ovyP ire , J Enclosure(s) Cc w/encl: Ray Bellows; Jeffrey Klatzkow: Amy Patterson; Client 4 EXHIBIT "A" TO REQUEST FOR OFFICIAL INTERPRETATION Print t.� a� �� .. .. j. n. rat , <J MAP LEGEND . . 1111111111411 iow,IIIIIIIIIIII's 10,11\ s ,,,,\:.' Maio,'Roads er e , �```�� - Street Names O \ em I J Parcels ti . c+ <. _ " Aerials 2023 urban 161Nj 1. '.. ,r;, z Gp �` Aerials 2023 Rural rtrrl s 's 1fig ■ Collier County „ ' ' v4 Folio Number:53750160001 '1Name:LAKEWOOD COMM SERV Cr ASSOC' INC t: 4 / m� Street#&Name: . . -, -._ y Build#/Unit#:B/1 sX ILegal Description:LAKEWOOD UNIT •7� 1 UNDIV BLK B LT 1 THAT PORT OF f IBLK B DESC AS COMM NWLY CRN t IBLK B,S 39 DEG E 94FT,N 50DEG E . ,'t. ..\ ' .. Couniv fl•axny A pprane•.NaPSes411111111i :9, ,. .e 0 2 _ 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties espressed or implied are provided for the data herein,its use,or its interpretation. ipti Prin, # , as �, 1.,,1* L., I, - MAP LEGEND .° t) Major Roads -.: . 4,1" . Street Names / , . -414t;. F, V '" .''"' n Percale _ Aerials 2023 Urban MN) ei .. k Aerials 2023 Rural[2FT] _ . Collier County k •asp °q, r1 a. Folio Number:53754440109 Name:LAKEWOOD COMM SERV el c._ . ASSOC INC Street#&Name: Build#I Unit#:RW/1 ' Legal Description:LAKEWOOD UNIT , ',r. , i" 1 DRAINAGE R/W ADJACENT TO a r • LOTS 1,2 AND 3,BLOCK H;NKA I( DRAINAGE R/W 1 `4 ksA I ) �4 L`r j3 CalhatC unat" yAma;atsci.Naples.FL l� 0—21 ft 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. 146 vrIrl, .1. • . --4' 1 ' :".tY,:-.,=-7,‘-i„f^:!;;;:;.,p4474.:4-,5: -. .,:t--t er , f � - e I- "Y MAP LEGEND i k.. ' ` Ma1or Roatls A ' I ti Street Names .. ,`x t'� sz' - ""` '"�: - I I( I Parcels �--.e Aerials 2023 Urban 161N1 Aerials 2023 Rural 1ZFT1 N _ : I IIICollier County w • �r • - - �-, j . 44 Folio Number:53754440206 ♦ Name:LAKEWOODame: COMM SERV • ASSOC &N INC o„e,,,:dwo Stret# t 4 , Build#1 Unit#:RW/2 Ati �, Legal Description:LAKEWOOD UNIT t l 1 DRAINAGE R/W LYING BETWEEN y BLOCK"L"AND BLOCK"H";N3 1C . M KA �t DRAINAGE R/W 2 1.1 + ',11e, .-,-', ' lir countyP ayeny ..ram:N ri; _ y 1„ rgio :, *..., . , 0—20ft 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties egressed or implied are provided for the data herein,its use,or its interpretation. dill Print / I .. ,,, \ . • 1,1' It.::::--#k' ,, MAP LEGEND ,�` Mayoi . \)10.0000,1 r Roads Street Names I1 Parcels Aerials 2023 Urban 161N1 AeIIAIS 2023 Rurat IZftj Collier County " o Folio Number:53900040007 Name:LAKEWOOD COMM SERV E ASSOC INC €- Street &Name: t Rs •* ` Build#/Unit#:A/1 Legal Description:LAKEWOOD UNIT 111), ;diti' r' lilt . . , ,, owitt, 1 . ' l'i . 4 OUTLOT A LOT 1 OR 1082 PG 818 i'r x I, �' l a eftoar County Properly Appraesor Napes r- inlir‘tr ;.t r_25tt 2004.Collier County Property Appraiser.Mile the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. IiflhI1i O 0 4.,:>l M• 4!! " 4 #, C !. 7�1�efigliloilli411411111117 A1lNii1 i�1111/ Qa', `- • ;r : o palratkr.P - p r"1-11.--Prit ��1!):r'y "�i,: Y�f# « 1 1‘ : .: > N-rtiYll tb !!t ii; l rrtltyat %4 `'. a ' +f/G1a..R.eoae r W a .. v,Ce.rt 1:: '+� ,,;+ �toiik /11M��l.IIuIuR :- o �I •s R�....eiww s~ 'Z �till0M1r4ii. t .1pYY11 : .w.�' L.L .,.�-.� ( a�°°-��ty�. -.;,.��ti.k��Y _ �.tiq��;rrr+�Y:.11xr��'oil!tYrlyOLI: 'L W . p. "1 �Y1 , '� ay:� t�+y�.� �°'FS � `;.`� �s;'a�" 'v a. z> +� "�'� a 1 '1.a A j{{— -Q. ys b"q'r s7 • 1 j. .. � ' w. fir. 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EwW asp wo Ny2 wzw - uwi¢a .al� ac7¢ W o wW y =Zo 040 N KJw� w_ N LL W w W W LL W f H C 3 4 i j i i i sommOr z LC) 4tVS CC W a I J IX Z —I W W L Q oa. w 41.11.1 I-L Z fi Q J LL- = co L ul Ct o F 0 ,� _ �- CoIlier Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 APPEAL OF AN OFFICIAL INTERPRETATION LDC subsection 1.06.01 D & Code of Laws section 2-83—2-90 Ch. 3 A. of the Administrative Code Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to Office of the Hearing Examiner for all other matters in the LDC. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits, and other backup information in support of the appeal. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation and any public testimony in light of the Growth Management Plan, the Future Land Use Map, the Land Development Code or the Official Zoning Atlas, or Building Code related matters, whichever is applicable. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County official's interpretation, whichever is applicable, with or without modifications or conditions, or reject the interpretation. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County official's interpretation unless such reviewing body finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the future land use map, the Land Development Code or the Official Zoning Atlas, or Building Code, whichever is applicable. Requests for Appeal of an Official Interpretation should be addressed to: Growth Management Division/Planning Regulation Attn: Business Center Pursuant to the enclosed narrative and 2800 North Horseshoe Drive Naples, Florida 34104 cover letter, the Appellant, IS submitting this 2013 form (as there 'does not appear to be an updated form) without waiving and reserving argument that this appeal must be heard by the Board of Zoning Appeals (BZA). Further, the Appellant demands this appeal be heard by the BZA, 10/18/2013 regardless of the contents of this form. Cott' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 APPEAL OF OFFICIAL INTERPRETATION LDC subsection 1.06.01 D & Code of Laws section 2-83—2-90 Ch. 3 A. of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED To be completed by staff APPLICANT CONTACT INFORMATION Owner: LAKEWOOD COMMUNITY SERVICES ASSOCAITION, INC. Address: 5435 Jaeger Rd, # 4 City: Naples State: FL ZIP: 34109 Telephone: c/o agent Cell: c/o agent Fax: CO/ agent E-Mail Address: c/o agent Applicant/Agent: ANTHONY P. PIRES, JR., ESQ., ZACHARY W. LOMBARDO, ESQ. Firm: WOODWARD, PIRES & LOMBARDO, P.A. Address: 3200 TAMIAMI TRAIL N., STE ;City: NAPLES State: FL ZIP: 34103 Telephone: Cell:Cell: 239-450-2474 Fax: 239-649-7342 E-Mail Address: APIRES@WPL-LEGAL.COM DETAIL OF REQUEST Interpretation No. AR- INTP-PL20230010644 (Please reference the interpretation number that is being appealed) Attach a narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. SUBMITTAL REQUIREMENTS See Chapter 3 A. of the Administrative Code for submittal requirements. The following items are to be submitted with the completed application packet: Completed application (download current form from County website) Completed narrative Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: Appeal of Official Interpretation Fee: $1,000.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,500.00 10/18/2013 Page 2 of 2 WOODWARD, PIRES & LOMBARDO, P.A. EST.1971 ATTORNEYS AT LAW MARKJ.WOODWARD September 18, 2023 Board Certifies:Real Estate Law and inCatdomini un& Planned Development Law VIA HAND DELIVERY ANTHONYP.PERES,JR AND EMAIL, IN PDF FORMAT Board Can&d:City;County; AND UPLOADED TO GMD PUBLIC PORTAL and Local Government Law J.CHRISTOPHERLOMBARDO Mike Bosi, AICP, ANTHONY J.DIMORA Director, Planning and Zoning ].rcnxx1 in FL and OH Growth Management Community Development Division LENORET.BRAKEF[ELD Planning and Regulation Collier County CRAIG R WOODWARD 2800 North Horseshoe Drive SeniorCnnmcl Naples, Florida 34104 Board Certifies:Real Estate Law p And KENNETH V.MUNDY ZACHARYW.LOMBARDO Amy Patterson CAMERON G.WOODWARD Collier County Manager ROSSE.SCHULMAN Collier County Licensed in FL and NY 3299 Tamiami Trail East, Suite 202 F.SCOTT PAUZAR HI Naples, FL 34112-5746 CHRISTOPHER R.HEFLIN Re: Appeal of INTP-PL20230010644, Type of Use Or Uses That Constitute A Neighborhood Fitness And Community Center, Official Interpretation Request: Official Interpretation issued August 18, 2023, received August 18, 2023; Noticed in Naples News on August 20, 2023 (the "Official Interpretation") Dear Mr. Bosi and Ms. Patterson: We represent the Lakewood Community Services Association, Inc. (the "Appellant" or "Lakewood") who by this filing and Appeal, along with the required filing fee of $1,000, enclosed in the hand delivered physical copy, REPLY TO: timely appeals the above noted and attached Official Interpretation, (Exhibit 3200 TAMIAMI TRAIL N. "A-1"), to the Collier County Board of County Commissioners ("BCC") sitting SUITE 200 as the Collier County Board of Zoning Appeals ("BZA"). Lakewood qualifies as NAPLES.FL 103 a "Party" either or both an "affected property owner" and/or as an "aggrieved 239-6239-649-7342 FAX or affected party. The right to add additional parties is specifically reserved. J 606 BALD EAGLE DRIVE SUITE 500 The Official Interpretation is dated August 18, 2023, and was received P.O.BOX ONE by the undersigned as Lakewood's attorney on August 18, 2023. In addition, MARCO ISLAND.FL 34146 239-394-5161 issuance of the Official Interpretation was published in the Naples Daily News 239-642-6402 FAX on August 23, 2023 (Exhibit "A-2"). WWW.WPL—LEGAL.COM Page 1 of 3 By way of this Appeal Lakewood requests: 1. The reversal and setting aside of the above noted August 18, 2023 Official Interpretation. 2. A ruling, decision, and determination: a. A"neighborhood fitness and community center" is a use that only serves persons in a limited geographic area, i.e, the term "neighborhood" in the context of the conditional use in the LDC of a "neighborhood fitness and community center" in the Golf Course and Recreational Use District ("GC District") refers to and means a limited and identifiable geographic area in the immediate vicinity of and nearby the property where the proposed "neighborhood fitness and community center" is to be located, and adjacent lands and surrounding lands. b. When there is a readily identifiable "community" or "neighborhood", such as the Lakewood Community, in the context of a proposed"neighborhood fitness and community center" on the GC zoned Lakewood Country Club golf course property, the primary use or uses of any proposed "neighborhood fitness and community center" must be limited to serve persons owning or residing in the Lakewood Community. c. A "neighborhood fitness and community center" cannot be used to serve persons outside of a limited geographic area and the limited geographic area can be guided by the notice distance requirements for NIMs. 3. A ruling and determination that the exclusive jurisdiction for the consideration of this Appeal is by BCC sitting as BZA. 4. The Collier County Hearing Examiner ("HEX") has no jurisdiction to hear or consider this Appeal. REQUEST FOR HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS (BCC) SITTING AS THE BOARD OF ZONING APPEALS (BZA) This Appeal is filed with the request that the Appeal be heard and considered by the Board of County Commissioners of Collier County ("BCC"), sitting as and in its capacity as the Board of Zoning Appeals ("BZA"), pursuant to Section 1.06.01.6.a of the Collier County Land Development Code (LDC) and Chapter 4.G (at page 107), of the Collier County Land Development Code, Administrative Procedures Manual (3/8/2022 version, hereinafter the "Administrative Code") and section 250-58 of the Collier County Code of Ordinances. The BZA has the sole and exclusive jurisdiction to hear and consider this Appeal and to render a decision on the Appeal, as outlined in greater detail in the attached Page 2 of 3 submittal. Thus, as noted above, Lakewood specifically requests that this Appeal be heard by the BZA. If Collier County asserts that the Appeal should be heard and considered by the Collier County Hearing Examiner (HEX), Lakewood objects thereto. Lakewood does not agree or concede that the HEX has any authority or jurisdiction to hear or consider this Appeal or render a decision in this Appeal and Lakewood specifically reserves the right to contest the jurisdiction of the HEX to hear, consider and render a decision in this Appeal. Enclosed please find: 1. The Appeal filing fee of $1,000. 2. The form for this Appeal. 3. The Narrative containing argument, materials, exhibits, and documents relating to the Appeal for review and consideration by the BZA as part of the Appeal. No rights, concerns, arguments, positions or objections of Lakewood appealing the Official Interpretation or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional arguments and materials at the hearing(s) conducted to consider this Appeal is specifically reserved. As noted in the attached submittal this filing and submittal of various argument, documents, and materials herein as part of the Appeal is and are being made and provided while reserving the right to further amend, modify or supplement this filing and Appeal with additional arguments and materials. If you require any additional forms other than the ones attached to be submitted, please advise immediately. It is respectfully requested that the Appeal should be heard by the BZA, granted, the relief and decision requested above herein be granted and the decision of Michael Bosi be reversed. Respectfully stibmitte , Wo ard, Pires & Lom do, P.A. Anthony P. Pires, Jr. Esq. Zachary W. Lombardo, Esq. Enclosure(s) Copies with enclosure(s): Heidi Ashton-Cicko, Esq.; Commissioner Rick LoCastro; Amy Patterson Page 3 of 3 EXHIBIT A - i Collier Growth Management Department - Zoning Division August 11, 2023 Anthony P. Pires, Jr.,Esq., Woodward, Pires & Lombardo 3200 Tamiami Trail N. Suite 200 Naples, FL 34103 RE: INTP-PL20230010644, TYPE OF USE OR USES THAT CONSTITUTE A NEIGHBORHOOD FITNESS AND COMMUNITY CENTER, OFFICIAL INTERPRETATION REQUEST Dear Mr. Pires: Pursuant to Land Development Code(LDC)Section 1.06.01.D,the Planning and Zoning Director has been requested to render an official interpretation of the Collier County Land Development Code (LDC), for Lakewood Community Services Association, Inc., PL20230010644. The official interpretation request states "clarification and official and formal interpretation as to what type of facility qualifies as a "neighborhood fitness and community center", that is, what use or uses constitute a "neighborhood fitness and community center". Further within the request you assert: 1. That a "Neighborhood Fitness and Community Center" is a use that only serves persons in a limited geographic area, i.e., the term "neighborhood" in the context of the conditional use of a "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 where the proposed "Neighborhood Fitness And Community Center" is to be located, and adjacent lands and surrounding lands. 2. That a "Neighborhood Fitness and Community Center" cannot be used to serve persons outside of a limited geographic area and that limited geographic area is for persons in properties located no more than 500 feet of the property lines of the subject property where the "Neighborhood Fitness and Community Center" is located. 3. That when there is a readily identifiable"community"or"neighborhood", such as the Lakewood Community, in the context of a proposed "Neighborhood Fitness and Community Center" on the Lakewood Country Club golf course property, the primary use or uses of any such "Neighborhood Fitness And Community Center" must be limited to serve persons owning or residing in the Lakewood Community. Response: Prior to addressing the three positions advanced in your request for an official interpretation on the type of use or uses qualify as a neighborhood fitness and community center, a review of the Golf Course Zoning District and the permitted and conditional uses is needed. Per Land Development Code (LDC) Section 2.03.09A. "Golf Course and Recreational Use District "GC". The purpose and intent of"GC"district is to provide lands for golf courses, recreational uses, and normal accessory uses, including certain uses of a commercial nature. Recreational uses should be compatible in scale and manner with residential land uses. The GC district shall be in accordance with the urban mixed use district and the agricultural/rural mixed use district of the future land use element of the Collier County GMP. LDC Section 2.03.09A.1.a,provides for the four enumerated permitted uses: 1.Golf courses. 2.Hiking trails, walkways, multi-use paths and observation decks. 3.Passive recreation areas. 4.Disc golf. Staff notes that two of the four uses identified within the zoning district, golf course and disc golf course are unique attractors, in that these uses draw from a wider market area than those that serve on a neighborhood or community basis. In fact, golf courses and the number of golf courses within the County help contribute to the draw of tourist from regional, state, national and international markets, a scale well beyond that of a neighborhood or community attractor. This recognition is provided to recognize the geographic reach of the primary permitted use, Golf courses, within the Golf Course Zoning District. It should be noted that the other three permitted uses within the Golf Course Zoning District were added in 2017 as part of the adoption of the golf course conversion LDC amendments; and prior to the adoption of that Ordinance, golf courses were the sole permitted use in the zoning district. Again,this distinction is made to clarify that the primary Golf Course permitted use of the zoning district was a use, who's market draw was that of a scale much further than the neighborhood or community scale. A review of the Conditional Uses within the Golf Course zoning district further establishes this fact. The conditional uses provided are: 1. Commercial establishments oriented to the golf course including gift shops;pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats outside the Golden Gate City Economic Development Zone; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. 2. Cemeteries and memorial gardens. 3. Equestrian facilities, including any trails, no closer than 500 feet to residential uses. 4. Museums. 5. Water related activities, including non-motorized boating, boat ramps, docks, and fishing piers. 6. Courts, including bocce ball, basketball, handball, pickle ball, tennis, and racquetball. 7. Neighborhood fitness and community centers. 8. Parks and playgrounds. 9. Pools, indoor or outdoor. 10. Botanical gardens. Of the ten conditional uses allowed in the Golf Course Zoning District, one-half(5) are considered regional in their market attraction,that is they draw visitors/customers beyond that of a neighborhood or community scale. Based upon the fact that the primary Golf Course permitted use within the Golf Course Zoning District is a regional, national, and international attractor; and coupled with the fact, that one-half of the allowed conditional uses also have a market area beyond that of one that serves a neighborhood or community scale market area, I draw a conclusion that market area is not a factor within the intent of the Golf Course Zoning District. Within your request you ask for a definition of the use, "neighborhood fitness and community center",recognizing that the LDC does not provide a definition. I would offer a functioning example of a neighborhood fitness and community center, the Golden Gate Community Center. The Center provides the following amenities: picnic pavilion, gymnasium, kitchen, auditorium,meeting rooms, game room, playground, rest rooms, band shell,picnic pavilion, skate park, and BMX track. While all of these amenities are not required to qualify for a neighborhood fitness and community center, similar type of facilities,which are community based and focused on fitness and community building amenities would define those facilities which qualify as a "neighborhood fitness and community center". It should be noted that while Golden Gate City is four miles square,the market draw or area of the Golden Gate Community Center is beyond that geographic area and the facility is not restricted to only individuals within that defined area. Within your request, as noted, you provided three points that you believe defines "a neighborhood fitness and community center". The first is that a neighborhood fitness and community center in the Golf Course zoning district means a limited and identifiable geographic area in the immediate vicinity of and nearby the property where the proposed facility is to be located. In your second point, you state that such a center cannot be used to serve persons outside of a limited geographic area, which is no more than 500 feet of the neighborhood fitness and community center parcel boundaries. Finally, in your third point, you indicate that when there is a readily identifiable community or neighborhood, such as the Lakewood Community, a neighborhood fitness and community center must be limited to serve persons owning or residing in the Lakewood Community. For the reasons stated in this Official Interpretation, I find that the LDC does not support your points. Your second point above is flawed in the context of the Lakewood Development. The Lakewood Community consists of 15 distinct residential communities, but if a neighborhood fitness and community center was developed at the location of the current recreational facilities (pool and tennis court) at the Lakewood County Club , only individuals within 500 feet of that facility would be eligible to utilize the neighborhood fitness and community center, excluding a majority of the population within the community,a fact that compromises your position and definition on the market reach of such a facility. The type of facility you describe in your request is in line with accessory use number two of the Golf Course Zoning District,which reads, "Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building,practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms". In conclusion, I find that Conditional Use No. 7 in the Golf Course Zoning District, "neighborhood fitness and community center", is a facility that serves the fitness and community needs of various neighborhoods and a broader community. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. A copy ofthis interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Office ofthe Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits,or other back-up information in support ofthe appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check,it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Mike Bosi, AICP, Director, Planning and Zoning Growth Management Community Development Division/Planning and Regulation Cc: Collier County Board of County Commissioners Amy Patterson, County Manager Ed Finn, Deputy County Manager Jamie French,Head,Growth Management Department Jeff Klatzkow, County Attorney Heidi Ashton-Cicko, Assistant County Attorney EXHIBIT A - 2 �, 5 1 s e :4I ,,,� Public Notices �*Ti> ' ;. � s � � Ce df�OffjC a1� arpreta n p Collier Co ntv Land De velomnttCo-tde Ordinance INTP, PL2O23OO10644, 'TIE PLANNING ZONING INISIO,jJSDI :. ! RECTOR,,:A DESIGNEE bFiTHE.CO e MAPJ ER HAS"BEE T REQUESTED TO PROVIDE AN OFFICIAL NT1R REI'A7I� RE CARDING THE DEFINITION'WTTHI THE>kGO COURSE..-ZONINt.''''.'.7::;- ;•:.-gt::';',4:-.'.1:1"'::77) D157RICT OF cONDi11ONAL-USE o .7,,N GHBORHOOD FIT NESS AND COMIUIUNT'CE R: THE OFFICIAL INTERPRETA' TION AS BEENISS ED AND FINDS THAT CO D ONALUSE:ENO INTHEGOLFCOURSE ZONING DI_STRI N fOOD FTFNESS AND,COMMUNITY�CENTER S EIGHBOR ., SERVES. THE FITNESS:AND COMMON ' SSEA,,F_ LITA RIOIJS ,I IGHBORHOODS AND A BROADER COMAMUNITY' E OVARIOUS� jl :v., j e' -Y .,a. vim' - ,f 0: This ante retatjon"�applies county iv7de o�.allprope he di Golf Coursezoni d•istrict v�d ' , ; II The Interpr�eta n sis available for i " 800 Na rth - Horseshoe` Dnve:Napier; FL 341O4'or by;calUng 239' 52 10fi,1 Within 3O a �,of ublicataon of this public, r otice,�;applj a affected prop yyo.wner'o� neven or a verse,5y affect �?l9 d party ay appeal a interpretation to then Office ofXthe`I fearing xaminerr40111e ,Apursuant�toiLDC SSectionsl O6 0�'1 anc�ectionA A iq sbff23 2O23 #5805259 of Laws and rat.a res . . PAGES 254 - 257 ATTACHMENT D TO ITEMBO G Gs ^-1 #8.A; 2.27.2024 BCC/BZA 1.7) ENGINEERING, LLC SUSAN SWIFT, AICP Director of Planning PROFILE Susan Swift has more than four decades of experience in planning, zoning, transportation, and site development in Florida, Virginia, and Maryland. She has public and private sector experience and has won several awards for innovative projects. Ms. Swift served as Planning Director for the municipalities of Tampa and Pinellas Park, FL, Rockville, MD, and Leesburg, VA, all of which benefitted from her focus on transforming the development review and permitting procedures and updating their plans and codes. In addition, she has represented developers of commercial and residential projects in land use and zoning entitlement applications, due diligence and development potential analyses. Ms. Swift is known as a change agent and innovator.She has testified before and collaborated with policymakers in three states to improve transportation, affordable housing ordinances, comprehensive planning, and growth management tools. Her public speaking experience is extensive, including national and state conferences, university guest lecturer and facilitator. As an expert planner, she has represented numerous public sector clients in eminent domain activities including land planning reports and analyses, and expert testimony in mediations and litigation support phases. These include the Florida Department of Transportation, Tampa Bay Water and several cities and counties. As a public sector Planning Director, she has testified in numerous court cases involving illegal zoning uses, setback violations: sign code violations, adult uses and historic buildings. QUALIFICATIONS Bachelor of Arts in Geography, University of Florida. Masters of Science in Urban & Regional Planning, Florida State University AICP # 12548, July 1996 WORK EXPERIENCE BBE-Boggs Engineering LLC Director of Planning, April 2022 to present • Land Planning, appraisal support and litigation support for FDOT Districts 1 & 7, Manatee County, Hillsborough County and Pinellas County Boggs Engineering, LLC 607 S. Alexander St., Plant City, FL 33563 www.boggseng.com ) ENGINEERING, LLC • Rezoning, land use plan amendments, due diligence and development potential reports for real estate transactions and commercial and residential development in numerous west coast jurisdictions Colliers Engineering & Design (formerly Maser Consulting P.A.) Geographic Discipline Leader - Planning Services. May 2019 to April 2022 • Continuing Services contracts for local government clients (Hillsborough County, Hillsborough City County Planning Commission and City of Lakeland) • Entitlement and due diligence projects for real estate transactions and commercial and residential development in multiple west coast jurisdictions • Expert witness and appraisal support for eminent domain cases for FDOT and local governments • Recent projects include: Cortez Bridge (3 parcels for FDOT District 1), I-75/Bee Ridge Road (12 parcels for District 1), Hillsborough County (3 parcels for water pipeline), Hillsborough County (library site). Suburban Maryland Transportation Alliance (SMTA) Executive Director, July 2017 to May 2019 • Served as first Executive Director for a 501 (c)4 whose mission was to educate and advocate for roadway and transit improvements in Maryland. Responsibilities included public speaking at various levels of government and in the community, media relations, policy and program development, events, fundraising and operations. Swift & Golden Principal, May 2017 to May 2019 • "Making Communities More Human" by assisting clients with advocacy, transportation policy issues, due diligence and permitting, and association management, public engagement and media relations. City of Rockville. Maryland Director, Community Planning and Development Services Department, April 2008 to April 2r7,, • Responsible for a staff of 42 including planning, zoning, housing, and permitting. • Advisor to the Mayor and Council, Planning Commission, Board of Appeals, Historic District Commission, and Sign Review Board. • Managed complete revision of City's building and "green building" codes. • Implementation of new Zoning Ordinance including training, procedures manuals, technology changes, and public information. • Supervision of Moderately Priced Dwelling Unit program. • Oversight of Twinbrook Neighborhood Plan and the Historic Building Catalog. Boggs Engineering, LLC 607 S. Alexander St., Plant City, FL 33563 www.boggseng.com BOGGS ENGINEERING, LLC • Supervision of Rockville Pike Plan which includes a form-based code and redesign to a multi-modal boulevard cross-section. • Multiple zoning ordinance revisions for mixed use, sign updates and process improvements. • Reorganized permitting and inspections staff to enable cross-training, coordination and significant efficiencies. Town of Leesburg, Virginia Director, Planning, Zoning and Development Department, July 2002 to April 2008 • Responsible for a staff of 23 including comprehensive planning, zoning, plan review, historic preservation and the town arborist. • Staff support for Town Council and five Commissions including Planning Commission, Board of Zoning Appeals, Board of Architectural Review, Environmental Advisory Commission and the Tree Commission. • Produced "State of the Department" report and Strategic Plan • Initiated major changes and tools to streamline site plan review, cutting processing time in half and improving consistency. • Revision of the Town Plan, Zoning and Subdivision Codes for a town with 96% growth. • Revision of historic district guidelines, sign guidelines and archeological surveys for Civil War sites. • Project manager for the Town's first redevelopment plan, the Crescent District Plan and a form-based zoning district for the area. • Led effort for the Town to develop its own transportation and fiscal models. HDR, Inc. Senior Planner and promotion to Florida Planning Manager. 1999 to 2002 • Brandon Main Street Master Plan: Implementation and Financing Strategy and development regulations; Eloise Redevelopment Plan, Historic Palm Harbor Downtown Master Plan and zoning code, community participation for the Reservoir Recreation Plan and the Hillsborough County Brownfield Task Force • Due diligence reports for various private sector clients. • Expert witness services for mediation and litigation of 80 parcels for various government condemning authorities including FDOT and Tampa Bay Water. Tampa Bay Eng,?t,eet,r, :ti �` i dV LJIur1oi,7i%a1 1eC..j Director of Community Development, 1995 to 1999 • Responsible for marketing and managing projects for various public agencies, expert testimony for eminent domain activities, due diligence reports, zoning and site plan approvals, redevelopment plans and grant applications. • Polk County Land Development Code, St. Petersburg Enterprise Park brownfield master plan and grant application, Manatee County Airport Development of Regional Impact (DRI). • Expert witness, acquisition and litigation support for Orange County and 100 parcels throughout Florida DOT Districts 1,3 and 7. Boggs Engineering, LLC 607 S. Alexander St., Plant City, FL 33563 www.boggseng.com 1 BOGGS City of Tampa, Florida ENGINEERING, LLC Deputy Director, Department of Housing & Development Coordination, 1993 to 1995 • Responsible for staff of 190 including Land Development, Real Estate and Code Enforcement Divisions, Community Redevelopment Agency, and the Construction Services Center. • Major accomplishments included: creating and operating the new one-stop Construction Services Center, streamlining residential building permit and commercial site plan review procedures, implementing the Inspection Hotline. • Co-authored Channel District regulations and design guidelines for a warehouse district redeveloping into a mixed use and tourist area; co-authored the Neighborhood Element of the adopted Comprehensive Plan; project manager for the Central Business District Plan which first outlined the Tampa Riverwalk. City of Tampa, Florida Manager, Land Development Coordination Division, 1984 to 1993 • Responsible for a staff of 20 including zoning, right-of-way, subdivision and Developments of Regional Impact (DRI's). • Supervising development reviews and staff reports for 50 cases, monthly. • Writing and administering all land development regulations, subdivision, historic preservation and design guidelines; city-wide rezoning of 120,000 parcels; reviewing and negotiating more than 35 Developments of Regional Impact (DRI's) including Florida's first downtown and first area-wide DR l's. • Author of three award-winning zoning regulations for Ybor City, Channel District and the Tampa Quality Development District; Chair of the land use subcommittee of the MacDill Air Force Base Reuse Committee; project manager for Concurrency System and innovative airport zoning districts. HONORS AND CONTRIBUTIONS TO THE PROFESSION • Appointed by Mayor Castor to the Tampa Historic Preservation Commission. • Appointed by Maryland Governor to Transportation Advisory Committee. • Author of 2011 APA QuickNotes "Getting the Most Out of Staff Reports". • Contributing Columnist to FAPA Magazine & Member of Editorial Board. • HDR Employee Recognition Award and Marketing Team Award. • National Awards Juror for the American Planning Association. • Awarded three Suncoast APA awards for innovative zoning for the Ybor City, Tampa Quality Development and Channel Districts and Brandon Main Street Plan. • Guest lecturer, Ball State University, The Catholic University & University of Maryland, College of Architecture and Planning. • 15-year member of the Site Visit Team for the Planning Accreditation Board. • Appointed to various statewide committees including the editorial committee for the Florida Model Land Development Code publication. • Testified before and lobbied Florida, Maryland and Virginia legislatures on issues including transportation, affordable housing ordinances, comprehensive planning, Developments of Regional Impact and adequate public facilities ordinances. Boggs Engineering, LLC 607 S. Alexander St., Plant City, FL 33563 www.boggseng.com A CC o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 or Phone: (239) 252-2646 <eie cOUNTl'5@‘o4 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Marty Rustin,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Lakewood OI Appeal of INT PL20230010644 (PL20230014863)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 02/07/2024 until 02/29/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. (Affiant Signa re) r'y J Y 2� 57 (J 4 (Affiant Printed Name) • Swori.ta and subscribed before me this 02/29/2024 'ery ;ta1•1k. Kin2e1 Clerk of the Circuit Court& - , • Comptrblher (Deputy Clerk Signature) r Y'!l. 2 2oZ (Deputy Clerk Printed Na e) Date NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on February 27,2024,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: LAKEWOOD COMMUNITY SERVICES ASSOCIATION, INC. FILED AN APPEAL OF OFFICIAL INTERPRETATION INT-PL20230010644 TO REVERSE AND SET ASIDE THE INTERPRETATION OF THE ZONING DIRECTOR FINDING A "NEIGHBORHOOD FITNESS AND COMMUNITY CENTER", A CONDITIONAL USE IN THE GOLF COURSE ZONING DISTRICT, IS A FACILITY THAT SERVES THE FITNESS AND COMMUNITY NEEDS OF VARIOUS NEIGHBORHOODS AND A BROADER COMMUNITY. THIS IS A COUNTY-WIDE INTERPRETATION OF THE GOLF COURSE ZONING DISTRICT. [PL20230014863]. (See map below) A copy of the Official Interpretation is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Jennifer Hansen,Deputy Clerk (SEAL) 4+ C O u � s. E. 0 IV MID u 11/ rifjc) �lr 2 • gb of cv1f