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Commissioner HallEx Parte Items – Commissioner Chris Hall   COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 27, 2024        BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS CONSENT AGENDA 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) Meetings Correspondence e-mails Calls All information has been filed electronically 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 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 Ex Parte Items – Commissioner Chris Hall   COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 27, 2024        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 1 Louise Jarvis Subject:Commissioner Hall mtg attorney Anthony Pires re Lakewood’s appeal of INTP- PL20230010644 Location:District 2 Office 2335 Orange Blossom Drive Start:Tue 2/20/2024 9:30 AM End:Tue 2/20/2024 10:00 AM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Louise Jarvis Required Attendees:Louise Jarvis; Chris Hall; Kaitlin Chylinski Optional Attendees:Dot Hall; Lenore Brakefield; Anthony Pires “This is in regard to our appeal of an Official Interpretation we have filed, INTP-PL20230010644, that is being heard on February 27, 2024, by the Board, sitting as the Board of Zoning Appeals, on behalf of Lakewood Community Services Association, Inc.” 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 Office: 239-649-6555 | Fax: 239-649-7342 KChylinski@wpl-legal.com | www.wpl-legal.com Growth Management Project Description: ROI is to obtain the clarification and official and formal interpretation as to what type of facility qualifies as 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; 2. That a “Neighborhood Fitness And Community Center” cannot be used to serve persons outside of a limited geographic area; 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. Directions to District 2 Office 2335 Orange Blossom Drive: The satellite office for District 2 is in the North Collier Government Center, located at 2335 Orange Blossom Drive. (This building shares a parking lot with the County Library at the corner of Airport and Orange Blossom.) Let the receptionist at the main front desk know you are here to see the Commissioner and they will let him know you have arrived. Our office number is 239-252-8602. 1 Louise Jarvis Subject:Meeting w/Commissioner Hall re: OI Appeal Location:3299 Tamiami Trail E. Start:Thu 2/22/2024 9:30 AM End:Thu 2/22/2024 10:00 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. From:Louise Jarvis To:Chris Hall Subject:FW: Meeting Request: BCC Item OI Appeal Date:Tuesday, February 20, 2024 2:57:46 PM Attachments:image001.png Please see below meeting request for the Lakewood Official Interpretation Appeal. Rich is also available Monday at 3:30pm via phone or Zoom. Louise From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Tuesday, February 20, 2024 2:49 PM To: Louise Jarvis <Louise.Jarvis@colliercountyfl.gov> Subject: Meeting Request: BCC Item OI Appeal 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, Rich would like to meet with the Commissioner to discuss the upcoming BCC item: OI Appeal. Availability: Thursday, February 22nd 9:00, 9:30, 10:00 Friday, February 23rd anytime Monday, February 26th 8:00, 8:30, 9:00 Thank you. Dianna Quintanilla Coleman, Yovanovich & Koester, P.A. Legal Assistant The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535| F: 239.435.1218 dquintanilla@cyklawfirm.com Visit cyklawfirm.com to learn more about us. Both Dianna Quintanilla and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please notify Dianna Quintanilla immediately at dquintanilla@cyklawfirm.com or call (239) 435-3535, and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Anthony Pires To:Jeff Klatzkow; Michael Bosi; Heidi Ashton; Amy Patterson; James French; Chris Hall Cc:Zach Lombardo; Lenore Brakefield Subject:RE: BZA APPEAL HEARING; ITEM 8.A, BCC AGENDA, FEB. 27, 2024 Date:Sunday, February 25, 2024 1:19:28 PM Attachments:image002.png 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 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. 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. 3200 North Tamiami Trail, Suite 200 Naples, Florida 34103 239-649-6555 Office Phone; 239-450-2474 Mobile Phone; 239-649-7342 Fax apires@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. From: Jeff Klatzkow <Jeff.Klatzkow@colliercountyfl.gov> Sent: Friday, February 23, 2024 11:33 AM To: Anthony Pires <APires@wpl-legal.com>; Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Amy Patterson <Amy.Patterson@colliercountyfl.gov>; James French <James.French@colliercountyfl.gov> Cc: Zach Lombardo <zlombardo@wpl-legal.com>; Lenore Brakefield <lbrakefield@wpl-legal.com> Subject: RE: BZA APPEAL HEARING; ITEM 8.A, BCC AGENDA, FEB. 27, 2024 This is what has been published. https://colliercountyfl.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2231 Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: Anthony Pires <APires@wpl-legal.com> Sent: Friday, February 23, 2024 11:31 AM To: Jeff Klatzkow <Jeff.Klatzkow@colliercountyfl.gov>; Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Amy Patterson <Amy.Patterson@colliercountyfl.gov>; James French <James.French@colliercountyfl.gov> Cc: Zach Lombardo <zlombardo@wpl-legal.com>; Lenore Brakefield <lbrakefield@wpl-legal.com> Subject: BZA APPEAL HEARING; ITEM 8.A, BCC AGENDA, FEB. 27, 2024 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 morning. Please advise if any other documents or materials [other than those in the on-line agenda packet/meeting book] have been submitted to the Collier County government recipients of this email regarding the above noted appeal, and if so, please forward and provide as soon as possible, prior to Tuesday, February 27, 2024. Thank you, Tony Pires Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail, Suite 200 Naples, Florida 34103 239-649-6555 Office Phone; 239-450-2474 Mobile Phone; 239-649-7342 Fax apires@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. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Kaitlin Chylinski Subject:Subject: PL20230014863 | APPEAL OF INTP-PL20230010644; BZA Date:Friday, February 16, 2024 4:29:34 PM 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 Office: 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