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Agenda 04/12/2016 Item # 6A 4/12/2016 6.A. Office of the County Manager Leo E. ' 3299 Tamiami Trail East,Suite 202^Naples Florida 34112-5746^(239)252-8383^FAX:(239)252-4010 March 22,2016 Mr. Anthony P. Pires,Jr. Woodward, Pires and Lombardo,PA 3200 North Tamiami Trail Suite 200 Naples FL 34103 Re: Public petition request from Mr. Anthony P. Pires,Jr.,on behalf of the Vanderbilt Beach Residents Association, Inc.,requesting that the Board of County Commissioners direct staff to reevaluate the staff approved administrative parking reduction for the Beach Box Cafe located at 9020 Gulf Shore Drive,Naples,and to further direct staff to bring recommendations to the Board to amend the Land Development Code provisions relating to administrative parking reductions to require notice be provided to surrounding property owners. Dear Mr.Pires, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 12,2016,regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However,your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not discuss the item after it has been presented.Therefore,your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9 a.m. in the Board of County Commission Chambers,Collier County Government Center,3299 Tamiami Trail East, 3 Floor,Naples FL 34112. If you require any further information or assistance, please do not hesitate to contact this office. Mike Sheffield Manager,Communication and Customer Relations &8J8: jh cc: Nick Casalaiiguida,Deputy County Manager Jeff Klatzkow,County Attorney David Wilkison,Growth Management I)epartnient Head Mike Bosi,Planning and Zoning Division Director Packet Page -27- 4/12/2016 6.A. COLLIER COUNTY Board of County Commissioners Item Number: 6.6.A. Item Summary: Public Petition request from Mr. Anthony P. Pires Jr., on behalf of the Vanderbilt Beach Residents Association, Inc., requesting that the Board of County Commissioners direct staff to reevaluate the staff approved administrative parking reduction for the Beach Box Café located at 9020 Gulf Shore Drive, Naples, and to further direct staff to bring recommendations to the Board to amend the Land Development Code provisions relating to administrative parking reductions to require notice be provided to surrounding property owners. Meeting Date: ,4/12/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 3/22/2016 3:02:28 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 3/22/2016 3:02:29 PM Approved By Name: SheffieldMichael Title: Manager-Communications& Cust. Relations, Communication&Customer Relations Division Date: 3/22/2016 3:26:19 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/3/2016 12:51:01 PM Packet Page -28- 4/12/2016 6.A. Public Petition Item 6A April 12,2016 BCC Agenda Public Petition request from Mr. Anthony P. Pires Jr.,on behalf of the Vanderbilt Beach Residents Association,Inc.,requesting that the Board of County Commissioners direct staff to reevaluate the staff approved administrative parking reduction for the Beach Box Café located at 9020 Gulf Shore Drive,Naples, and to further direct staff to bring recommendations to the Board to amend the Land Development Code provisions relating to administrative parking reductions to require notice be provided to surrounding property owners. Due to the volume size of the exhibit,the back-up can be viewed by accessing the below link: http://apps3.colliergov.net/agenda/ftp/2016BCCMeetings/AgendaApri11216/ExecOffices/PETITION WIT H EXHIBITS 3152016.pdf Packet Page -29- 4/12/2016 6.A. PANI WOODWARD, PIRES & LOMBARDO, P.A. Es-r.1971 ATTORNEYS AT LAW CRAIG R.WOODWARD Boxd Certified:R&11Estae March 15, 2016 MARK J.WOODWARD Board Certified:Real Estate ANTHONY P.PIRES,JR Board Certified:City;Count); and Lota Government County Manager's Office Via Email: J.CHRISTOPHER LOMBARDO Attention: Mike Sheffield MichaelSheffield ,collierqov.net Boani CatifiediMaritil 3299 East Tamiami Trail, Suite 202 and Family Law Naples, Florida 34112 ROBERT E.MURRELL Re: Public Petition Request Concerning Administrative Parking Reduction; Of Counsel APR-PL20150001922; Beach Box Café CATHRINE A HUNTER LLIWi3x1tbn) Dear Mr. Sheffield: JENNIFER L.DEVRES Enclosed please find the enclosed Request to Speak under Public JENNIFER M. TENNEY Petition with attached Exhibits concerning the above . LENORE T. BRAKEFIELD MATTHEW P.FLORES At this time I am requesting to be scheduled to speak at the April 5, J.TODD MURRELL 2016 meeting of the Board of County Commissioners. If you have any questions please do not hesitate to contact me leirlirdairjA11111 •Amw , Ar.11 .1b■■■■•' y P. Pires, . APP/Ig REPLY TO: Cc: Client, w/encl O 3200 TAM IAMI TRAIL N. Enclosure(s) SUITE 200 NAPLES,FL 34103 239-649-6555 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 Packet Page -30- 4/12/2016 6.A. The Beach Store of Naples 155 Vanderbilt Beach Road Naples, Fl 34108 March 10, 2016 Collier County Board Of County Commissioners 3299 Tamiami Trail E. Naples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: Our store currently operates its' business through the use of seven parking spaces(4 customer parking spaces, 1 handicap space, and 2 employee parking spaces). Since the opening of the Beach Box Cafe, my parking spaces have been used repeatedly by the Beach Box employees and its'customers. The Beach Box has inadequate parking to operate its' business. Even after the completion of the County parking garage, and prior to the opening of the Beach Box,there was a substantial shortage of parking for Vanderbilt Beach. The operation of the Beach Box has added even more to the parking shortage. The approval of a large reduction to parking requirements for the Beach Box was a total disregard to the existing parking conditions in the area. It has made a bad situation even worst. Any business that operates in any area in Collier County should have to provide the required parking spaces as based in the Land Development Code. NO EXCEPTIONS. Sincerely, David J. Jeskie Owner The Beach Store Of Naples Packet Page -31- 4/12/2016 6.A. "DUGAN" Family Owned t moo o @un N Since 1978 HE 3 Vanderbilt Beach -2-9---1 9140 Gulfshore Drive, N. ��::�� Naples, Florida 34108 t�' Tel: (239) 597-3345 Fax: (239) 597-5541 �� i % ; , . J4 / ./ / ( ,_ 0/ity .A.,,:i 4 04 #444,6 io,,,,ov- . ' / ' liw, ity,,r,f,;,- . gri/ ,a,m/ A 07 ei(4/1/zs -Inv * 40ne 1, .. ci , i . / 00114141440 ; .; 04-1,01,, ,JA"/ r ,,,,, . _ _ t /fi // , i,z/ exerii//v . -fitivT ittek , if / -. LLB ot ,, fC */ i?"14,64 LiefrVrelliMl f r 1 / - fr 444,,,,froittkv / - - , - /..., oalif //' / a, -,1411(44, 741/ /: IF / / / I ' .44/ lay /ctikl, . ' 4 i 4-ii/6filmh , ,,,,i A , ..,7 / , , i v /', r , , ir .• i / 1 40, 0 c 1----' / , /746/// iii&14 Y1 P"67 1 *3--2,5 16 1!! - i - awher c cfV-em v-i:- 4,...,. - rs.41 1 I '-----2.-L-”.Packet Page -32--f 4/12/2016 6.A. Phil Brumbach Beachmoor Condominium #701 9051 Gulfshore Dr. Naples, FL 34108 Friday, March 11, 2016 Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 RE: Beach Box Cafe - Inadequate Parking Approvals by Collier County Officials Dear Commissioners Fiala, Henning, Hiller, Nance and Taylor, Our Condominium Association has three (3) parking spaces on the Gulfshore Dr. side of our property, reserved for use by Beachmoor guests and handicap parking. Since the Beach Box Cafe vastly increased it's traffic footprint in our neighborhood, we frequently have their overflow of vehicles using our reserved spaces for Beach Box patrons. In addition, many of these parking violation patrons are not amenable to moving their automobiles and trucks from our property. Some are downright belligerent and ask "where are we supposed to park?" Frankly, this is a Beach Box problem that has now become ours. Recently, Collier County Staff approved a reduction in Beach Box parking requirements without notice to us as an affected neighboring property. It seems obvious that the Beach Box Cafe does not have adequate set aside parking, includes only one (1) handicap space, and is in violation of existing Collier County Codes. The recent approval by Collier County Staff for reductions in required parking were inappropriate and should to be reversed. Beach Box Cafe should provide the required parking spaces in compliance with current Collier County Codes. A response to my concerns would be appreciated. Very truly yours, 64/07 Philip C. Brumbach Director Beachmoor Condominium Association Packet Page -33- 4/12/2016 6.A. O U T H 'DAY, South Bay Realty 9060 Gulf Shore Drive Naples,Fl 34108 March 10, 2016 Collier County Board Of County Commissioners 3299 Tamiami Trail E Naples, FL 34112 RE: Beach Box Cafe Parking Issue Dear Commissioners: South Bay Realty operates its busy realty sales and rental business adjacent(to the north)to the Beach Box Café located at 9020 Gulf Shore Drive, Naples,FL 34108. For the convenience of our valued customers,we provide 6 parking spaces in the front(along Gulf Shore Drive) of our building and 7 spaces in the back along both side of the access road—all of which are private spaces with associated signage. Because our brokerage is located directly across the street from public access to Vanderbilt Beach,we consistently have to police beach-goers attempting to use these customer-reserved parking spaces. Although we deal with this situation daily,the problem has grown much worse since the Beach Box Café opened its doors a few years ago -worse in terms of untold losses in revenue because our customers have nowhere to park in order to conduct their business with South Bay. This is obviously exacerbated during season when every space is needed, seven days a week. Since the opening of the Beach Box Cafe,all of our parking spaces are repeatedly being compromised by Beach Box employees and their customers due to the attractive nature of their food and beverage business. Even though their web-advertising publicizes use of the City of Naples Municipal Parking Garage to their patrons "Conveniently located zoo steps from the City of Naples Municipal Parking Garage at the corner of Vanderbilt Beach Road and Gulf Shore Drive",their patrons are either overflowing to use of our spaces due to public parking being at capacity or they're simply ignoring public parking for sake of convenience. The later seems to be true on most days. Even after the completion of the Municipal Parking Garage and prior to the opening of the Beach Box, there was substantial shortage in parking facilities in and around the Vanderbilt Beach area. Daily operation of the Beach Box has exponentially added to this shortage. With Beach Box parking being historically inadequate, any county approval of a huge reduction to their parking requirements represents a total disregard for the existing deplorable parking conditions in this popular high-traffic area of Naples. It makes a very bad situation even worst. Without exception—every business operating within Collier County should have to provide the required number of parking spaces as outlined in the Land Development Code. A requirement that we as well as other businesses must and do adhere to. Sincerely, Lesley Garlock Owner,South Bay Realty CC: Law Office of Antonio Faga Packet Page -34- 4/12/2016 6.A. n R E S O R T March 29, 2016 Board of Collier County Commissioners 3299 Tamiami Trail East,Suite 303 Naples, FL 34112-5746 Re: Beach Box Restaurant and Parking Dear Commissioners: The Vanderbilt Beach Residents Association has asked us to comment regarding the Beach Box Restaurant and the parking situation in the Vanderbilt Beach area. The operation of the Beach Box has not specifically caused us to experience any problems. We acknowledge, however,that parking is at a premium in the area and that during the high season there is a great demand for public parking which currently exceeds supply. Vanderbilt Beach remains one of the easiest beaches in the County to travel to by car and, perhaps for that reason, it appears to be one of the busiest beaches. We ask the Board to keep this in mind when any new development or redevelopment is proposed for the area and to make allowances to improve the availability of public parking if it is at all possible and to avoid reducing the amount of parking available. Please do not hesitate to contact me if you have any questions. Sincerely, Michael D. "Mick" Moore 9225 G(.JLI SI1O12.1 r; DM N. • IN.AP1,I1S, 11.,ORIDA • 34108 1)110N1 (239) 293-4979 • 1;AX: (239) 597-2199 Packet Page -35- Request to Speak under Public Petition Please print Name: ANTHONY P. PIKES, JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS ASSOCIATION. INC. Address: 3200 NORTH TAMIAMI TRAIL, SUITE 200, NAPLES, FL., 34103 Phone: 239 - 649 -6555 Date of the Board Meeting _you wish to speak: APRIL 5, 2016 Must circle yes or no: Is this subject matter under litigation at this time? Yes /0 Is this subject matter an ongoing Code Enforcement case? Yes No Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): 1. Inaction by staff in the Growth Management Department, Zoning Division in reevaluating, reviewing and setting aside an administrative parking reduction, APR- PL20150001922 for the Beach Box Cafe ( "APR "), which APR reduced the required parking from the LDC required 47 spaces to only 16 spaces. See attached Exhibit "A ". 2. Lack of notice to surrounding property owners concerning review /granting of administrative parking space reductions. See attached Exhibit "A ". Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): 1 Direct staff to reevaluate the staff approved administrative parking reduction, APR - PL20150001922 for the Beach Box Cafe ( "APR "), which APR reduced the required parking from the LDC required 47 spaces to only 16 spaces. See attached Exhibit "A" 2. Direct staff to bring recommendations to the Board to amend the Land Development Code (LDC) provisions relating to administrative parking space reductions (see section 4.05.04.F.2) to require notice be provided to surrounding property owners. See attached Exhibit "A ". HADATA \FORMS \Public Petition Request Form - 2013.doc EXHIBIT "A" TO PUBLIC PETITION FILED BY VANDERBILT BEACH RESIDENTS ASSOCIATION, INC. 1. Administrative parking reduction, APR- PL20150001922, Beach Box Cafe On or about December 22, 2015, the Vanderbilt Beach Residents Association. Inc. ( "VBR Residents ") became aware of an administrative parking reduction (APR - PL20150001922) that was granted by Collier County staff for the business known as the Beach Box Cafe ( "Beach Box "), with a stated address of 9002 Gulf Shore Drive, Naples, Florida. See Exhibit "A -1 ". The administrative parking reduction for the Beach Box Cafe ( "Beach Box APR ''), was issued on September 22, 2015, without any prior notice to any adjacent or surrounding property owners. Based upon CityView Portal records, the application for the Beach Box APR was submitted on August 25, 2015. The Beach Box APR reduced the otherwise required parking spaces for the Beach Box Cafe from the LDC required 47 spaces to only 16 spaces. On December 22, 2015, counsel for the VBR Residents sent an email to the applicable Collier County staff conveying the concerns of the VBR Residents regarding the substantial parking reduction provided by the Beach Box APR. See Exhibit "A -2 ". This communication made a preliminary request that Mike Bosi, as the Director of the Zoning Division, reconsider and set aside the September 22, 2015 approval of the Beach Box APR based in part upon: 1. property owners and residents in this area having for years expressed concern as to parking relating to this site and its uses and based upon initial cursory review the reduction provided by the Beach Box APR will only exacerbate the situation. 2. the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the SIP submittal. A copy of that Insufficiency Letter is attached as Exhibit "A -3 ". On December 28, 2015, an email was sent to County staff, in part requesting explanation as to the Beach Box APR submittal: "Note also that the text and contents of the 'EXHIBIT A PARKING REDUCTION JUSTIFICATION 'attached to the Affidavit are substantially different than the 'stand- alone' submitted 'EXHIBIT A PARKING REDUCTION JUSTIFICATION; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain " No explanation as requested has been forthcoming. 1 Follow up emails were sent to County staff on: January 14, 2016; January 28, 2016; February 27, 2016 and March 3, 2016, requesting the status of the review /consideration /analysis of the Beach Box APR as well as the pending SIP submittal, PL20150002649 for the same property. Responses have been promptly provided only as to the pending SIP submittal PL20150002649 (the "Beach Box SIP "), stating that the pending Beach Box SIP is on hold.' See composite Exhibit "A -4 ". However, there have been no responses as to the Beach Box APR since January 14, 2016; and, there has been no indication that any requested re- evaluation of the Beach Box APR has occurred. See CityView Portal printout, printed March 13, 2016, Exhibit "A -5 ".2 The lack of appropriate action to re- evaluate and set aside the Beach Box APR is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years have expressed concern as to parking relating to this site. 2. Lack of Notice of Administrative parking reductions Section 4.05.04.F.2 of the LDC provides a mechanism for an administrative reduction of required parking spaces. See Exhibit "A -6 ". No notice of such an application, consideration, granting or approval of such an application is required by the LDC. See page 185 -186 of the Collier County "Administrative Code for Land Development ", Exhibit "A -7" Therefore, adjacent and surrounding property owners and residents, who are most affected or impacted by any parking reduction, have no opportunity to be heard prior to the issuance of a parking reduction approval. This "no- noticed" process fails to protect adjacent and surrounding property owners and residents. This "no- noticed" process fails to safeguard adjacent and surrounding property owners and residents from reductions in required on -site parking, particularly when there are major reductions in required on -site parking, i.e. 47 required; 16 approved, in the Beach Box APR case. 1 It is to be noted that the Beach Box SIP relies upon the substantially reduced parking approved by the Beach Box APR and based upon CityView Portal records, the application for the Beach Box SIP was submitted on November 18, 2015. Z It is also concerning that the Beach Box APR approval letter dated September 22, 2015 was not even reflected in CityView Portal as of March 13, 2016. 2 EXHIBIT "A -1 " co Ter COUnty Growth Management Department Zoning Division September 22, 2015 John Podczerwinsky, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Administrative Parking Reduction APR- PL20150001922; Beach Box Cafd, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Podczerwinsky: In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (caf6, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafes area. The cafe would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafd. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F.4. Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 • www.colliergov.net EXHIBIT d D B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square - footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. If you should have any questions, please do not hesitate to contact me. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Caf6 (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing /Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Cale Exhibit A: APR Justification Septemher, 2015 47 spaces ww%v.davidsonengineering.com t DAVIDSON i1; I rl! i 1':I:; EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available =16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk -up Restaurant (Cafe) with outdoor seating (based on Seating) Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided =16 spaces A net existing deficiency of 31 parking spaces is noted. Beach Box CaI6 Exhibit A: APR Justification Scptcmbcr, 2015 2 w%+ w.davidsoncnginccring.com DAVIDSON I rl I I I I. r PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid) public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants) /retail shop(s) nearby; while accessing all features on -foot. Beach Box Caf'c Exhibit A: APR Justification Seplember, 2015 3 www.davidsoncnginccring.com DAVIDSON DAVIDSON SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk -up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on -site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food /beverage /Health Department /Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow -up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Beach Box Cate Fxhibit A: APR Justification Scl)tcmber, 2015 www.(la\,idsonenginecring.com H Appendix A (Code of Ordinances of the Town of Fort Myers Beach § 34-676 Circulation and Parking Beach Box Cafd Exhibit A: APR Justification August, 2015 www. davidsonengi n ecri ng.com DAVIDSON I 1 § 34 -676 Circulation and Parking (a) Off- streetparking reductions. The Downtown district is planned as a "park- once" district, with preference given to pedestrian movement within the district. On- street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off - street parking requirements found in ' � 34-2020 of this chapter. The follow percentages shall be multiplied by the number o off - street parking spaces normally required by 3& 4 -2020 of this chapter to determine the adjusted off-street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34 -7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single - purpose, shared, or joint -use parking lots (see_ division 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34 -7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Caf6 Exhibit A: APR Justification August, 2015 www. davidsonengineering.com DAVIDSON F I t< -. I t l I l if l IJ 1. EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Exist ing /Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Cafc - -- Exhibit A: APR J LIStitlCilt1011 September, 2015 47 spaces wwul.<lavidsoncnginccring.com I DAVIDSON I,, I I I I ! 1 111, EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available =16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk -up Restaurant (Cafe) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 16 spaces A net existing deficiency of 31 parking spaces is noted. Beach Box Cafe Exhibil A: APR Justification Septcmbu, 2.015 2 www.davidsonengineering.Coil) DAVIDSON PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements, While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurant(s) /retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafe Exhibit A: APR 1ustilicalion September, 2015 www.claviclsoncngineering.ann DAVIDSON 1 r 1 i I I I : 1 SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk -up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Caf6 can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Caf6 has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on -site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food /beverage /Health Department /Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow -up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Beach Box Cate Exhibit A: APR histification September, 2015 4 www.davidsonengi necring.com DAVIDSON EXHIBIT "A-211 Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax aipires@wpl-leaal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. EXHIBIT •2 Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 8:57 AM To: BosiMichael Cc: BellowsRay Subject: P.S. APR- PL20150001922; BEACH BOX CAFE Attachments: INSUFFICIENCY LETTER.pdf 1. Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided 2. P.S. In addition Mike, this is a preliminary request that you reconsider and set aside your September 22, 2015 approval, based in part upon the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the above SIP submittal. A copy of that Insufficiency Letter is attached. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax mires @ wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 9:46 AM To: 'BellowsRay'; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. I have found and reviewed that. There is no copy of a lease in those materials however. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax ai)ires@wpl-leqal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto:RayBellows @colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab, Please let me know if I can be of any other assistance. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone; 239.252.2463; Fax: 239.252.6350 Co*r County From: Anthony Pires [mailto:APires(&wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax mires @wpl- leqal.com Firm Website: www.wpl- leqal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 9:50 AM To: 'BellowsRay'; ScottChris Cc: BosiMichael Subject: RE: P.S. APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [ mailto :RayBellows @colliergov.net) Sent: Tuesday, December 22, 2015 9:48 AM To: Anthony Pires; ScottChris Cc: BosiMichael Subject: FW: P.S. APR- PL20150001922; BEACH BOX CAFE Hi Tony, I have copied Chris Scott to see if the SIP has any other information on parking as it is my understanding that the parking lot has been modified since the APR was approved. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Coil e-r Caunty From: Anthony Pires [mailto:APires(c wpl- legal.com] Sent: Tuesday, December 22, 2015 8:57 AM To: BosiMichael Cc: BellowsRay Subject: P.S. APR- PL20150001922; BEACH BOX CAFE 1. Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided 2. P.S. In addition Mike, this is a preliminary request that you reconsider and set aside your September 22, 2015 approval, based in part upon the submittals and staff review associated with SIP submittal PL20150002649, Site Improvement Plan for the same property, particularly the December 10, 2015 letter from County staff detailing numerous deficiencies with the above SIP submittal. A copy of that Insufficiency Letter is attached. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto:RayBellows @colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number, You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 C:,q er County From: Anthony Pires [mailto:APires(&wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax mires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. EXHIBIT "A-311 COLLIER COUNTY Growth Management Department December 10, 2015 Josh Fruth Davidson Engineering, Inc Suite 201 4365 Radio Rd Naples, FL 34104 EMAIL - Josh @DavidsonEngineering.Com; jessica @davidsonengineering.com RE: Site Improvement Plan PL20150002649 Beach Box Cafe' Dear Mr. Fruth: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted. Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone #: (239) 252 -5519 Correction Comment 1: Project name not approved, Beach is over used for a project name. Existing project name is Gulfview Condo. If project name is being changed, please state as one of the change in your cover letter (can't use Beach). Please provide a floor plan showing the units and what address is being used for said unit /units. Rejected Review: ADA Review Reviewed By: Paula Brethauer Email: paulabrethauer@colliergov.net Phone #: (239) 252 -2401 Correction Comment 1: Per the ADA requirements and the Florida Accessibility Code there is a restriction on the reduction of any required accessible routes etc to the structure (202.3.1). Each portion of the building is considered a primary function per the code (202.4) retail, cafe, office etc and each shall be afforded the required H/C access. The request is to reduce the number of parking spaces from the required amount of 47 to 16 but per the code (208.1.1) the number of required H/C spaces may not be reduced. Per your statement and the LDC it is agreed that the number of EXHIBIT I —A 0 3 parking space required for operation of the site is 47 spaces although the number is being reduced does not change the number required for operation of the site. Per the Florida Accessibility Code 47 spaces requires 2 H/C parking places, only one is indicated. Correction Comment 2: Per the Florida Accessibility Code section 206.2.5 some of the outdoor seating must be accessible which cannot be achieved if all tables /benches /seating are on grass. See also 302 Floor or Ground surfaces. Rejected Review: Transportation Pathways Review Reviewed By: Jodi Hughes Email: jodihughes @colliergov.net Phone #: (239) 252 -5744 Correction Comment 1: 6.06.02 A.1. Sidewalks must be constructed within public and private rights -of -way or easements, which are adjacent to the site. Sidewalk or Payment in Lieu is required on Gulf Shore Drive. Correction Comment 2: Label all sidewalks on plan set either existing or proposed along with width of the sidewalk. Correction Comment 3: Call out H/C parking sign. Correction Comment 4: Call out all parking spaces. Correction Comment 5: All driveway entrance /exits must have crosswalks and truncated dome mats (FDOT 304/310). Correction Comment 6: Stop signs and stop bars are required at driveway entrances /exits. Rejected Review: Transportation Planning Review Reviewed By: Stephen Baluch Email: StephenBaluch @colliergov.net Phone M (239) 252 -2361 Correction Comment 1: TIS Guidelines (Resolution 06 -299) 12/09/15 Comment: Please provide an updated trip generation summary since there is the potential for increased trips based on the proposed change in use and increased restaurant seating. A reasonable reduction in vehicle trip generation can be assumed based on the analysis provided for the approved administrative parking reduction. The weekday trip generation is also needed to determine the required ROW permit fees. Call to discuss the methodology. If the trip analysis shows additional net new trips, then a TIS will be needed to verify transportation concurrency and a $500 TIS methodology /review fee will be required. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott @colliergov.net Phone #: (239) 252 -2460 Correction Comment 1: 10.02.03.B.l.b.ii.(b)(v) On site plan, in chart form, setbacks & separation of structures required and provided Please update the setback table to identify the existing setback dimensions. Correction Comment 2: 10.02.03.B.l.b.ii.(c)(i) On site plan, in chart form, parking summary, type of use The parking table is unclear. The restaurant use identifies indoor seating and therefore cannot be classified as a walk -up restaurant (see LDC definitions). It appears the restaurant use should be classified as fast food. Please identify the restaurant public area square footage and seats, as well as the restaurant non - public area. Non - public area must provide parking at a ratio of 1 space per 200 sq ft and is in addition to the public area parking calculation of greater of 1:70 sq ft or 1:2 seats. Correction Comment 3: 10.02.03.B.1.b.ii.(c)(iv) On site plan, in chart form, number of spaces provided The site plan and APR (PL20150002649) state there are 16 parking spaces provided; however, the site plan only shows eight on -site (handicap space off of Vanderbilt Beach Road and 7 spaces off of the alley). Please clarify how 18 spaces are provided. If you are counting off -site parking spaces, then please provide evidence that these spaces are dedicated to this property per LDC 4.05.02 K.2. Correction Comment 4: 10.02.03.B.l.b.ii.(c)(i) On site plan, in chart form, parking summary, type of use The parking table states there are 18 outdoor seats for the restaurant. The site plan only shows 10. Please identify where the additional seats are located. Per LDC 10.02.03 B.10., all outdoor serving areas shall be explicitly detailed on the site plan showing layout of chairs, tables, benches, bars and other serving area features. The seating layout is inconsistent between the site plan and the landscape plan. The landscape plan shows a chair placed on a tree trunk. Please make sure both plans are consistent. Correction Comment 5: 10.02.03.B.l.b.ii.(b)(vii) On site plan, in chart form, maximum building height, both zoned and actual, per Sec. 1.08.00 Please update the planning notes to identify the existing heights, lot area, lot width and separation. Correction Comment 6: 10.02.03.B.2.e.xi On Site Plan, location of existing and proposed landscaping The SIP shows the removal of driveway /pavement to make room for outdoor seating along Gulf Shore Drive. Please relocate outdoor seating area to provide the full 10' Type D Buffer. Correction Comment 7: Pursuant to LDC Section 10.02.03 B.1 O.a -e., the following conditions are required to be met in order to establish outdoor serving areas on site: 1. No amplified sound or live performances are permitted in the outdoor serving areas; 2. An enhanced 10' Type D buffer is required between the outdoor seating and adjacent residential zoning districts (adjacent to Gulf Shore Drive). These conditions are necessary to mitigate the impacts of outdoor serving areas on adjacent residential zoning districts and uses. Please update the plans accordingly. If the applicant is not willing to agree to these conditions, then this Insufficiency Letter shall be deemed a denial of the SIP. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton @colliergov.net Phone #: Correction Comment 1: The existing Oaks that are used to meet the West buffer requirement are in the right of way. Only trees within the property line may be counted toward requirements. Please add trees within the West property line to meet the buffer requirement along Gulf Shore Drive. Correction Comment 2: Just an informational comment: For sites located South and West of Hwy 41, all required landscape is to be native. It appears though that all of the landscape requirements have been met without the raised planter holding the Asian Jasmine and Aloe. VII under Project Calculation Table on sheet 3 indicates that 75% of trees and 50% of shrubs must be native. Just for future reference, code requires 100% of "all required landscape" to be native if the site is West or South of Hwy 41. This would include ground covers if only the minimum required area for building perimeter landscape is provided and ground covers are used. Rejected Review: Utility Billing Review Reviewed By: George Cascio Email: GeorgeCascio @colliergov.net Phone #: (239) 252 -5543 Correction Comment 1: Miscellaneous Corrections Dumpster Enclosure details are needed. The followinz comments are informational and/or may include stipulations: N/A When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions, please contact me at (239) 252 -2460. Sincerely, Christopher Scott Principal Planner Growth Management Department EXHIBIT A-411 Anthony Pires From: Anthony Pires Sent: Monday, December 28, 2015 7:00 AM To: 'BellowsRay'; 'BosiMichael'; 'ScottChris'; 'JamesFrench @colliergov.net'; 'michaelsawyer @col liergov.net' Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PL20150001922; BEACH BOX CAFE Attachments: 2015 -08 -24 BB APR- Vaguna Affidavit.pdf; 2015 -08 -24 BBC APR- Exhibit A.pdf; CITYVIEW APR.pdf, BB 2015 -11 -17 BBOX- APR APPROVAL (2).pdf Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): EXISTING AND REQUIRED PARKING Existing site parking provisions were obtained by counting the measured F found on a survey of the property, and were confirmed by performing a marked and unmarked spaces have been identified in this application. Bol leased spaces are reflected in this count. Total existing parking spaces provided = eces 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): Although additional parking has been obtained via lease agreement (withir spaces) that parking is still insufficient to meet tDC requirements for the! Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". EXHIBIT i 10 0 Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-leqal.com Firm Website: www.wpl-legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [ mailto :RayBellows@colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab, Please let me know if I can be of any other assistance. R" Raymond V, Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Co ffp-r County From: Anthony Pires [mailto:APires(�i)wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- lepal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. 4 EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.34 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Exiting Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Existing Parking Available: 26 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing /Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Bcash 13o\ (alr I..\hihit :N: AVR Ju>lilication August. ?U 1 47 spaces �� .cla� irhuncnginccring.c�,m DE DAVIDSON L NC INr r R1 N(. EXISTING AND REQUIRED PARKING Existing site parking provisions were obtained by counting the marked and unmarked parking spaces found during a site visit and assessment of the property. All counted parking spaces are included in this application. Total existing parking spaces provided = 26 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk -up Restaurant (Cafe) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 26 spaces A net existing deficiency of 21 parking spaces is noted. Beach 13m ( alc I.\hihit A:: 111It.1u,tilication MILK. ?U1 2 idNounginccrinuxom DE DAVIDSON E N G IN E E R I N G PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 26 spaces, resulting in a shortfall of 21 parking spaces (or 45% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to AppendixA for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi- story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurant(s) /retail shop(s) nearby; while accessing all features on -foot. Beach 13m Ualr I.�hihit :1::11'R .lu >tilic:dicui fur IS I. ?111 3 idbuncnginccring.aun Amr- DAVIDSON I !.i ,. SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.34 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk -up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 21 parking spaces, reducing the total requirement of the on -site spaces to the 26 that remain to serve employees and residents. This request represents a 45% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food /beverage /Health Department /Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow -up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Leach Bm cal'r I.\hihil 1: AIT wlilicalion Am-,u>i. ?111; 4 �� .Ja� iJsi�ncnzinccring.ci,m DE DAVIDSON E N G I N E E R I N G Appendix A Coded Ordinances of the Town of Fort Myers Beach § 34 -676 Circulation and Parking BCarh 13„\ (alr 1.\1libit \: WR .l list iliratinn \uru�,t. ?U I l \ \ \ \ %.(IiI \I N0 1101L ill CC l'I II-'. Chill DAVIDSON § 34 -676 Circulation and Parking (a) Off - street parking reductions. The Downtown district is planned as a "park- once" district, with preference given to pedestrian movement within the district. On- street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off - street parking requirements found in ti 34 -2020 of this chapter. The follow percentages shall be multiplied by the number of off - street parking spaces normally required by ti 34 -2020 of this chapter to determine the adjusted off - street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34 -7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single - purpose, shared, or joint -use parking lots (see_ division 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34 -7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Butch I3o\ Cali Exhibit A; APR Juslilicalion August. 2015 t�ttt�.da� i�lsltncn�!inccrin�.cttm DE DAVIDSON E N G I N E E R I N G Planning Application Status - CityView Portal Planning Application Status Page 1 of 2 GMD Public Portal — Fees Paid Fees Amount Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. _ Summary Administrative Parking Reduction $500.00 Planning Project Application Number: PL20150001922 Project Name: Beach Box Cafe Application Types: Administrative Parking Reduction (Status: Complete) Application Status: Open Property Owner's Full Name: VAGUNA CORPORATION Description of Work: Administrative Parking Reduction -(See scanned attached documents) Locations: 79122440003 Date Entered: 08/25/2015 _ Application Types (Click to See Reviews) 08/25/2015 2015 -08 -24 BBC APR- Survey _ Administrative Parking Reduction 2015 -08 -26 BB APR- Application Application Status: Complete 1 Initial Submittal 08/25/2015 Status: Accepted — Fees Paid Fees Amount Paid Owing Date Paid Administrative Parking Reduction $500.00 $500.00 Paid 08/25/2015 Outstanding Fees Amount Paid Owing Date Paid No outstanding fees. 08/25/2015 2015 -08 -24 BB APR- Vaguna Affidavit 08/25/2015 2015 -08 -24 BBC APR- Exhibit A Totals: $500.00 $500.00 $0.00 08/25/2015 Inspections There are no inspections for this planning application. — Meeting Requests One -on -one Sufficiency Review Meeting: Request a meeting PreApplication Meeting: Request a meeting Telephone Consultation for Insubstantial Request a meeting Change to SP or CP: _ Documents & Images Date Uploaded Document Name 08/25/2015 APPLICATION 1 08/25/2015 APPLICATION 08/25/2015 PL Payment Slip 08/25/2015 2015 -08 -24 BB APR- Vaguna Affidavit 08/25/2015 2015 -08 -24 BBC APR- Exhibit A 08/25/2015 2015 -08 -24 BBC APR- Addressing Checklist 08/25/2015 2015 -08 -24 BBC APR- Deed 08/25/2015 2015 -08 -24 BBC APR- Survey 08/25/2015 2015 -08 -26 BB APR- Application 08/25/2015 Vaguna- Sunbiz Info 08/25/2015 Receipt for transaction: 2015- 046731 http: / /cvportal.colliergov.iiet/Ci... http: / /cvportal.colliergov.net /Ci... Monday, December 28, 2015 Planning Application Status - CityView Portal Page 2 of 2 http: / /cvportal.colliergov. net /Ci... http: / /cvportal.colliergov.net /Ci... Monday, December 28, 2015 co� . ,er County Growth Management Department Zoning Division September 22, 2015 John Podczerwinsky, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Administrative Parking Reduction APR- PL20150001922; Beach Box Cafd, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003. Dear Mr. Podczerwinsky: In your Administrative Parking Reduction (APR) application you request a reduction in the number of parking spaces required for the subject site in accordance with Land Development Code (LDC) Section 4.05.04.F.2. This section of the LDC states that the County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in that section or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. The existing uses (cafd, retail, office, and residential) at the subject site are proposed to change by reducing the retail area and increasing the cafd area. The cafd would increase in interior area as well as outdoor seating. The available parking is limited to the existing 16 spaces. The proposed uses require 47 spaces, the site has a maximum of 16 spaces, a deficit of 31 spaces. The Zoning Services staff has reviewed your APR request. A deficit of 31 spaces would normally be a fatal flaw, given the mix of uses; however, the subject site is within easy walking distance of the beach. Your application uses the justification that beach visitors will "park once" and then walk from the beach to the cafd. Based on the above information, Staff concurs that the proposed parking lot provides adequate parking for the uses on site. For this reason the APR meets the requirements of LDC Section 4.05.04.F.4. Given the information above, I hereby approve this Administrative Parking Reduction for 9002 Gulf Shore Drive under the following conditions: A. Approval of this Administrative Parking Reduction is predicated on the information outlined above and the evidence presented in the application request. MI is's V 4p 2800 North Horseshoe Drive o Naples, FL 34104 • 239 - 252 -2400 • www.colliergov. net B. This APR shall be void if 9002 Gulf Shore Drive is occupied by uses other than a cafi, retail, office, and residential in the square - footages stated in the application. C. If at any time it is deemed necessary by Collier County staff, the owner shall be required to address any additional parking needs or reduce business operations of the facility should the existing parking spaces prove to be inadequate. If you should have any questions, please do not hesitate to contact me. Sincerely, Mike Bosi, AICP, Director Zoning Division cc: Raymond V. Bellows, Zoning Manager EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing /Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Cafe Exhibit A: APR Justification September, 2015 47 spaces www.davidsonengineering.com DAVIDSON I : l i 1 I' . EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available =16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk -up Restaurant (Cafe) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500 / 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 16 spaces A net existing deficiency of 31 parking spaces is noted. Beach Box Cale Exhibit A: APR Justification Sc1\tcmbu, 2015 2 N' \V \ \'. C1aYlCltiOn CI1 f�111C1'I'I I1 �.COnI DAVIDSON , � 1 1 1 ' r . PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurant(s) /retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafc Exhibit A: APR Justification September, 2015 3 www.davidsoncngi nccring.com DAVIDSON SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk -up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Caf6 can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on -site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with any additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food /beverage /Health Department /Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow -up application [such as a Site Improvement Plan] to authorize the change in square footage and seating allocation. Bach Box Cafe Exhibit A: APR Justification September, 2015 4 w�vw.davidsonengineering.com DAVIDSON Appendix Code of Ordinances of the Town of Fore dryers Beach § 34-676 Circulation and Parking Bcach Box Card` `u Exhibit A: APR Justification August, 2015 www.davidsonenginccring.com DAVIDSON § 34 -676 Circulation and Parking (a) Off - street parking reductions. The Downtown district is planned as a "park- once" district, with preference given to pedestrian movement within the district. On- street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off - street parking requirements found in 3& 4 -2020 of this chapter. The follow percentages shall be multiplied by the number of off - street parking spaces normally required by 3§ 4 -2020 of this chapter to determine the adjusted off - street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34 -7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single- purpose, shared, or joint -use parking lots (see_ division 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34 -7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Caf6 Exhibit A: APR Justification August, 2015 www. da vi dso n en gi n eeri n g. co m DAVIDSON I f1r 1111 I IM 11. EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Cafe; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The ± 0.35 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Cafe is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Existing Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Parking Spaces Available: 16 Spaces The proposed uses are quantified as follows: Proposed Cafe (Outdoor seats): 18 Seats = 9 spaces Proposed Cafe (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing /Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: Beach Box Cal'c Exhibit A: APR.lustification September, 2015 47 spaces ww\{,.davidsoncnginccring.com DAVIDSON EXISTING AND REQUIRED PARKING Existing site parking provisions for Beach Box were identified during a site visit and assessment of the property. All available parking spaces are included in this application. Total parking spaces available = 16 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's proposed parking requirements are calculated as follows: Walk -up Restaurant (Cafe) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats o 50 / 2 = 25 parking spaces - Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500/ 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided =16 spaces A net existing deficiency of 31 parking spaces is noted. Beach Box Cafe Exhibil A: APR Justification September, 2015 2 wwm day I dsonengi 11een 11b. cons DAVIDSON PROPOSED PARKING The Beach Box Cafe seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 16 spaces, resulting in a shortfall of 31 parking spaces (or 69% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F.2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer to Appendix A for reductions allowed by the Code of Ordinances of the Town of Fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of [paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi -story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants) /retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafe Exhibit A: APR.lustification September, 2015 3 \a,ww.cla vi dsonengi neeri ng.com DAVIDSON SITE CONSTRAINTS: The Beach Box Cafe site has historically served foot traffic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.35 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority of which is dependent upon walk -up users. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements or to accommodate a future increase in seats that will better serve existing demand at the site. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 31 parking spaces, reducing the total requirement of the on -site spaces to the 16 that remain to serve employees and residents. This request represents a 69% reduction of the LDC required 47 spaces for all anticipated uses on the site. Please note that is it understood by all parties that application for this Administrative Parking Reduction does not, and cannot, authorize an increase in seating or impacts on this site. The number of seats and reduced retail area quantified herein are a summary of the highest potential future scenario that may be sought by the applicant, and are for illustrative purposes necessary to apply for this Parking Reduction only. This application, or approval by the County thereof, does not vest the property with onv additional rights, does not authorize any new impacts or additional seats, and does not imply that any require food /beverage /Health Department /Fire Code approvals that are necessary from the State or County have been obtained. This text further recognizes that any additional seating proposed on the site will require a follow -up application [such as a Site improvement Plan] to authorize the change in square footage and seating allocation. Beach Box Cafe Exhibit A: Atilt Justification September, 2015 4 www.(lavi(Isonenginecring.cont DAVIDSON AFFIDAVIT OF AUTHORIZATION (print name), as Corl;....k &,,5 et (insert title, if applicable) of tuna Corporation, (insert company, if applicable) swear or affirm under oath, that I am the owner X applicant _ contract purchaser _ and that 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We /I authorize Davidson Engineering, Inc. and 9020 Master Lease. LL C to act as our /my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. Signature STATE OF COUNTY OF e-a 1 -/5- Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on S •21, 1 ! (date) by (name of person providing oath or affirmation), as 1 who is personally known to me or who has produced (type of identification) as identification. STAM Signature of tary Public MM ENADEA V I FF238962 uly 22.2019 Pubk Ur4,rroml Be DAVIDSON t 1��.ivL: R.Ni EXHIBIT A PARKING REDUCTION JUSTIFICATION INTRODUCTION In accordance with LDC Section 4.05.04.F 2, the applicant wishes to request an administrative parking reduction (APR) for the Beach Box Caf6; a mixed use structure located at 9002 Gulf Shore Drive (Parcel ID 79122440003), on the Northeast corner of Gulf Shore Drive and Vanderbilt Beach Road. The t 0.34 acre property is existing and currently in operation. This parking reduction request proposes to maintain the existing uses on the site. The proposed action seeks a reduced requirement of the minimum parking spaces required to serve this mixed use development as stated by the Collier County Land Development Code. Location: The general location of the Beach Box Caf6 is at the Northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The existing uses are Quantified as follows: Existing Cafe (Indoor seats): Existing Retail Space Exiting Office Space: 7 Seats 1,770 Sq. Ft 900 Sq. Ft. Existing Residential Units: 4 Units Existing Parking Available: 32 Spaces The proposed uses are quantified as follows: Proposed Caf6 (Outdoor seats): 18 Seats = 9 spaces Proposed Caf6 (Indoor seats): 50 Seats = 25 Spaces Proposed Retail Space: 500 sq. ft. = 2 Spaces (Existing /Unchanged) Office Space: 900 Sq. Ft. = 3 Spaces (Existing/Unchanged) Residential Units: 4 Units = 8 Spaces Required Parking: 47 spaces Beach Box CafE Exhibit A: APR Justification August. 2015 +NHw.davidsoncnginccring.com EXISTING AND REQUIRED PARKING Existing site parking provisions were obtained by counting the measured parking spaces found on a survey of the property, and were confirmed by performing a site visit. All marked and unmarked spaces have been identified in this application, Both on -site and leased spaces are reflected in this count. Total existing parking spaces provided = 32 spaces Based on the current Collier County Land Development Code (LDC Sec. 4.05.04 G, Table 17) requirements, the site's current parking requirements are calculated as follows: Walk -up Restaurant iCafd) with outdoor seating (based on Seating) - Indoor Seating = 1 per 2 Seats 0 50/ 2 = 25 parking spaces Outdoor Seating = 1 per 2 Seats o 18 / 2 = 9 parking spaces Retail - Retail Floor Areas = 1 per 250 sf o 500/ 250 = 2 parking spaces Office - General Office Floor Areas = 1 per 300 sf o 900 / 300 = 3 parking spaces Multifamily Residential Units - Three Bedroom units = 1 per Unit plus 1 Visitor Space per Unit for all units with 2 or more bedrooms. o 4 Units x 1 + (4 units x 1) = 8 parking spaces Total required parking spaces = 47 spaces As noted above, the total existing parking spaces provided = 32 spaces A net existing deficiency of 15 parking spaces is noted. Beach Box Cafd Exhibit A: APR Justification August, 2015 %atie%r.da%,idsonengincering.com �7f �syj�.•fy� -wwr�� D f DAVIDSON I I I .. I[ [I i I- PROPOSED PARKING The Beach Box Caf6 seeks recognition of the ongoing nature of the existing uses when calculating the minimum parking requirements for the site. Further description of the code relief being sought is demonstrated in the Justifications below. As demonstrated above, the requirement for the mixed use development totals 47 spaces. However, the existing site constraints preclude the provision of adequate parking within the site boundary. The Beach Box Cafe allotted parking provides only 32 spaces, resulting in a shortfall of 15 parking spaces (or 32% short of the requirements). ADMINISTRATIVE PARKING REDUCTION REQUEST JUSTIFICATIONS AND PARKING ALLOCATION Per LDC Section 4.05.04 F,2, the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the Code or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. Additionally, there is a provision within this section that allows "evidence of parking ratios applied by other counties and municipalities for the specific use" to be presented as justification for the reduction in parking. Please refer toAppendixA for reductions allowed by the Code of Ordinances of the Town of fort Myers Beach. In brief, the Town of Fort Myers Beach allows up to a 100% reduction for uses serving those areas that typically serve beach - related pedestrian traffic (e.g. Time Square Pedestrian Plaza). Other areas in Fort Myers Beach allow use of a 50% reduction multiplier without qualification (e.g. Old San Carlos Boulevard). Please refer to Section 34 -676 of the Code of Ordinances of the Town of Fort Myers Beach in the appendix of this submittal. Much of the justification for the parking reductions in the Town of Fort Myers Beach is demonstrated in the Town's Code of Ordinances, where there is a recognition of on- street parking provisions, in addition to acknowledgement of the numerous on- street Public parking spaces provided by the Town. These facilities are recognized as a means of providing sufficient parking in the named Districts, where a "park once" concept is employed. As shown, the Town of Fort Myers Beach justifies using a "zero" multiplier in determining minimum parking requirements. While this project in Collier County is not seeking use of that extreme multiplier, it should be recognized that provision of (paid] public parking spaces is accommodated by the County's use of Vanderbilt Beach Road right -of -way for public parking, as well as the multi- story parking structure in the immediate vicinity. These existing parking facilities serve the same function as those provided by the Town of Fort Myers Beach, which allow Public users to park once, enjoy the beach and visit the restaurants) /retail shop(s) nearby; while accessing all features on -foot. Beach Box Cafd Exhibit A: APR Justi fication August, 2015 mvw.davidsonenginccring.com SITE CONSTRAINTS: The Beach Box Cafc site has historically served foot traff ic from the adjacent Public beach. The three -story mixed -use structure serves residential, retail and walk -up restaurant uses within a site that is limited to 0.34 acres. Like the restaurant, the shared retail space features a paddleboard sales and rental operation, the majority business of which is dependent upon walk -up users. Although additional parking has been obtained via lease agreement (within the total 32 spaces) that parking is still insufficient to meet LDC requirements for these uses. The existing parking spaces are frequented by residents of the building and employees, with little parking leftover for customer access. Due to the lack of area to expand or reconfigure the existing parking areas, an increase in parking spaces to meet the Collier County LDC requirements is not feasible. SUMMARY OF PARKING ALLOCATION Given the analysis and justifications provided, the proposed Beach Box Cafe can continue to rely on the existing parking for its day -to -day use, but due to the lack of available land for parking lot expansion, the Beach Box Cafe has no opportunity to increase its parking facilities to meet the minimum requirements. REQUESTED REDUCTION Based on the information provided, the applicant requests a parking reduction of 15 parking spaces, reducing the total requirement to the 32 [on -site and leased) spaces that remain to serve employees and residents. This request represents a 32% reduction of the LDC required 47 spaces. Beach Box Card Exhibit A: APR Justification August, 2015 www.davidsonenginecring.com H 13s DAVIDSON t 11 f — . I N! l W- N '. Appendix A Code of Ordinances of the Town of Fort Myers Beach § 34 -676 Circulation and Parking Bench Box Cafe Exhibit A: APR Justification August, 2015 % %%ti,% %-.davidsonengineering.com § 34 -676 Circulation and Parking (a) Off-street parking reductions. The Downtown district is planned as a "park- once" district, with preference given to pedestrian movement within the district. On- street parking will be provided by the town along Old San Carlos Boulevard and other public parking is available under the Sky Bridge. For these reasons, substantial reductions are allowed to the normal off - street parking requirements found in & 34_2020 of this chapter. The follow percentages shall be multiplied by the number of off-street parking spaces normally required by § 34_2020 of this chapter to determine the adjusted off - street parking requirements along various streets in the Downtown district: (1) Old San Carlos Boulevard, multiply by 50 percent. (2) Bayfront pedestrian plazas (see Figure 34 -7), multiply by 50 percent. No parking spaces may be provided in the Bayfront pedestrian plaza, but the required spaces must be located within 750 feet in single - purpose, shared, or joint -use parking lots (see_ vi ion 26 of this chapter). (3) Times Square pedestrian plazas (see Figure 34 -7), multiply by 0 percent. (4) All other streets in the Downtown district, and all land on Crescent Street regardless of zoning district, multiply by 67 percent. Beach Box Cafe Exhibit A: APR Justification August, 2015 www.davidsonengineering.com Lip IFM DAVIDSON Anthony Pires From: Anthony Pires Sent: Wednesday, December 30, 2015 11:47 AM To: 'SawyerMichael' Subject: RE: The Beach Box issues; Block "D" Thanks Mike. No need to apologize as I recognize lots of folks are taking time off. Happy and Safe And Good New Year! Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax mires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: SawyerMichael [mailto:MichaelSawyer @colliergov.net] Sent: Wednesday, December 30, 2015 11:43 AM To: Anthony Pires Subject: RE: The Beach Box issues; Block "D" Tony, We are researching /consulting with our ROW staff to address your enquiry. I apologize for the delay. Michael Sawyer Transportation Planning, Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2926 From: Anthony Pires [mailto:APire0 wpl- legal.com] Sent: Thursday, December 24, 2015 9:24 AM To: SawyerMichael Subject: FW: The Beach Box issues; Block "D" Good morning Mike. Merry Christmas (though you will not see this until after). I am sending this to you as Trinity's email said she is out until Jan. 4t" Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, December 24, 2015 9:20 AM To: 'ScottChris' Cc: 'BellowsRay'; 'BosiMichael'; 'JamesFrench @colliergov.net'; 'TrinityScott @colliergov.net' Subject: FW: The Beach Box issues; Block "D" Chris, here is Resolution P.U. 77 -7 -C that appears to apply to Block "D ". Please see the agreed upon conditions. Did the application for the SIP or building permit reference or take into account the second condition as to ROW or do you know if that ROW has previously been provided to Collier County? Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpi- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Thursday, January 14, 2016 8:32 AM To: 'BosiMichael'; 'BellowsRay'; 'ScottChris'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott'; 'AshtonHeidi'; 'CasalanguidaNick' Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning. As a follow up to our various email exchanges and brief hallway conversations this past Tuesday, please advise as to the status of the review /consideration /analysis of the Previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: BosiMichael [mailto:MichaelBosi @colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re- evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @wpl- legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg @01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mai Ito: apires @ wpl- legal.com> Firm Website: www.wp1- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 9 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@ wpl - legal. com <mailto:apires @wpl- legal.com> Firm Website: www.wpl -legal .com <http: / /www.wpi- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto:RayBellows @colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department — Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg @01 D13C9D.87663710] From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl - legal. com <mailto:apires @wpl- legal.com> Firm Website: www.wp1 -1egal .com <http: / /www.wpi- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Thursday, January 28, 2016 11:31 AM To: 'BosiMichael'; 'BellowsRay'; 'ScottChris'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott'; 'AshtonHeidi'; 'CasalanguidaNick' Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR - PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: BosiMichael [mailto:MichaelBosi @colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re- evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @wpl- legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg @01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @01 Dl413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax api res @ wpl- legal.com <mailto:api res @ wpl- legal.com> Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@ wpl - legal. com <mailto:apires @wpl- legal.com> Firm Website: www. wpl- legal .com<http: / /www.wpl- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto:RayBellows @colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department — Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg @01 D 1 3C9D.8766371 0] From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mailto:apires @ wpl- legal.com> Firm Website: www. wpl- legal .com <http: / /www.wpl- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To: 'ScottChris'; 'BosiMichael'; 'BellowsRay'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott'; 'Ashton Heidi'; 'CasalanguidaNick'; WilkisonDavid Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR- PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: ScottChris [mailto:ChrisScott @colliergov.net] Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD201 51 1 37330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD201 51 1 37330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED -AP Planning Manager - Development Review 239.252.2460 - - - -- Original Message---- - From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD201 51 1 37330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR - PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. IIIm11CV Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpi-legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: BosiMichael [ mailto :MichaelBosi @colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re- evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @wpl- legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PI_20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.jpg @01 D1413D.4BC383DO] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mailto:apires @ wpl- legal.com> Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@ wpl - legal. com <mailto:apires @wpl- legal.com> Firm Website: www.wpI -legal .com <http: / /www.wp1- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [ mailto :RayBellows @colliergov.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.jpg @01 D13C9D.87663710] From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mai Ito: apires @ wpl- legal.com> Firm Website: www. wpl- legal .com <http: / /www.wpl- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Thursday, March 03, 2016 9:40 AM To: 'ScottChris'; 'BosiMichael; 'BellowsRay'; 'FrenchJames'; 'SawyerMichael' Cc: 'StoneScott; 'AshtonHeidi'; 'CasalanguidaNick'; 'WilkisonDavid' Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Please advise. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-leqal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To: 'ScottChris' <ChrisScott @colliergov.net >; 'BosiMichael' <MichaelBosi @colliergov.net >; 'BellowsRay' <RayBellows @colliergov.net >; 'FrenchJames' <jamesfrench @colliergov.net >; 'SawyerMichael' <MichaelSawyer @colliergov.net> Cc: 'StoneScott' <ScottStone @colliergov.net >; 'AshtonHeidi' <HeidiAshton @colliergov.net >; 'Casa languidaNick' <NickCasalanguida @colliergov.net >; WilkisonDavid <DavidWilkison @colliergov.net> Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR- PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: ScottChris [ mailto :ChrisScott @colliergov.netl Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD201 51 1 37330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD201 51 1 37330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED -AP Planning Manager - Development Review 239.252.2460 - - - -- Original Message---- - From: Anthony Pires [mailto:APires @wpl- legal.coml Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD201 51 1 37330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD20151137330. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl - leqal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: BosiMichael jmailto :MichaelBosi @colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re- evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @wpl- legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:ima eq 005.jpg @01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.pnq @01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. I again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mailto:apires @ wpl- legal.com> Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. Thanks. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax aapires@ wpl- leq al. com <mailto:apires @wpl- legal.com> Firm Website: www.wpl- legal.com <http: / /www.wpl -le aq l.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto:RayBellows @collier oq vnet] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, I found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.ipg @01 D13C9D.87663710] From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@ wpl- legal. com <mai Ito: apires @wpl- legal.com> Firm Website: www.wpl-leqal.com<http://www.wpl-legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. Anthony Pires From: Anthony Pires Sent: Thursday, March 03, 2016 9:S6 AM To: 'ScottChris'; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick; WilkisonDavid Subject: RE: APR- PL20150001922; SIP submittal PL201S0002649; PRBD20151137330; BEACH BOX CAFE Thanks Chris. I do check that but I have unfortunately found many times the entries are not current. Your quick reply is greatly appreciated. Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-leaal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: ScottChris [mailto:ChrisScott @colliergov.net] Sent: Thursday, March 03, 2016 9:55 AM To: Anthony Pires <APires @wpl- legal.com >; BosiMichael <MichaelBosi @colliergov.net >; BellowsRay <RayBellows @colliergov.net >; FrenchJames <jamesfrench @colliergov.net >; SawyerMichael <MichaelSawyer @colliergov.net> Cc: StoneScott <ScottStone @colliergov.net >; AshtonHeidi <HeidiAshton @colliergov.net >; CasalanguidaNick < NickCasalanguida @colliergov.net >; WilkisonDavid <DavidWilkison @colliergov.net> Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged. You can always use the County's webportal to keep track of these projects in real time from your computer: http: / /cvportal.colliergov. net /CitVViewWeb /Planning /Locator Christopher O. Scott, AICP, LEED -AP Planning Manager - Development Review 239.252.2460 From: Anthony Pires [mailto:APiresCabwpl- legal.com] Sent: Thursday, March 03, 2016 9:40 AM To: ScottChris; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; Casa languidaNick; WilkisonDavid Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Please advise. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax aapires @wpl- legal.com Firm Website: www.wr)l- leqal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Saturday, February 27, 2016 8:20 AM To: 'ScottChris' <ChrisScott @colliergov.net >; 'BosiMichael' <MichaelBosi @colliergov.net >; 'BellowsRay' < RayBellows @colliergov.net >;'FrenchJames' < jamesfrench@ colliergov.net >;'SawyerMichael' <M ichaelSawyer @col liergov.net> Cc: 'StoneScott' <ScottStone @colliergov.net >; 'Ashton Heidi' <HeidiAshton @colliergov.net >; 'CasalanguidaNick' < NickCasalanguida @colliergov.net >; WilkisonDavid <DavidWilkison @colliergov.net> Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Good morning all. As a follow up to our various email exchanges and brief hallway conversation with Mike Bosi over a month ago please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR- PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. Please advise as to the status of rescinding the previously issued APR for the Beach Box [APR- PL20150001922]. The lack of appropriate action since December is concerning to my client, the Vanderbilt Beach Residents Association, Inc., and other property owners and residents in the Vanderbilt Beach area that for years expressed concern as to parking relating to this site and its uses. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-leqal.com Firm Website: www.wpl -le aq l.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: ScottChris [ mailto :ChrisScott @colliergov.net] Sent: Thursday, January 28, 2016 11:48 AM To: Anthony Pires; BosiMichael; BellowsRay; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD20151137330; BEACH BOX CAFE Status is unchanged on the SIP (PL20150002649) and Building Permit (PRBD201 51 1 37330); both are awaiting responses from the applicant. Christopher O. Scott, AICP, LEED -AP Planning Manager - Development Review 239.252.2460 - - - -- Original Message---- - From: Anthony Pires fmailto:APires @wpl- legal.com] Sent: Thursday, January 28, 2016 11:31 AM To: BosiMichael; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; SIP submittal PL20150002649; PRBD201 51 1 37330; BEACH BOX CAFE Good morning Mike. As a follow up to our various email exchanges and brief hallway conversation, please advise as to the status of the review /consideration /analysis of the previously issued APR for the Beach Box [APR - PL20150001922] and the pending SIP submittal, PL20150002649 and rejected building permit, PRBD201 51 1 37330. Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl-legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. - - - -- Original Message---- - From: BosiMichael [ mailto :MichaelBosi @colliergov.net] Sent: Monday, December 28, 2015 1:50 PM To: Anthony Pires; BellowsRay; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: RE: APR- PL20150001922; BEACH BOX CAFE Tony, Ray and I are both out this week. We have received your request and will work diligently to respond appropriately. We have noted your clients concerns and will re- evaluate the APR based upon the issues raised. I will contact you on Monday upon my return from my vacation. Sincerely, mike From: Anthony Pires [APires @wpl- legal.com] Sent: Monday, December 28, 2015 6:59 AM To: BellowsRay; BosiMichael; ScottChris; FrenchJames; SawyerMichael Cc: StoneScott; AshtonHeidi; CasalanguidaNick Subject: FW: APR- PL20150001922; BEACH BOX CAFE Good morning. I still have not been provided with the asserted "lease agreement" as to "leased spaces" referenced in the APR submittal materials (see attached) that lead to and formed a basis for the approval of APR- PL20150001922. 1. FROM PAGE 2 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image005.ipg @01 D1413D.4BC383D0] 2. FROM PAGE 4 OF THE ATTACHMENT TO THE AFFIDAVIT OF AUTHORIZATION (AS FOUND ON CITYVIEW): [cid:image006.png @01 D1413D.4BC383D0] Assuming for the sake of argument (without conceding its existence), that such a "lease agreement " exists, if the "leased" parking is "off- site" on lots under different ownership, pursuant to LDC Section 4.05.02.K.2, there must be an SDP for such off street parking and a minimum 10 year lease agreement must be executed and recorded. again repeat my request for a copy of the referenced "lease agreement" and further a copy of the required SDP for the "leased parking ". Note also that the text and contents of the "EXHIBIT A PARKING REDUCTION JUSTIFICATION " attached to the Affidavit are substantially different than the "stand- alone" submitted "EXHIBIT A PARKING REDUCTION JUSTIFICATION "; BOTH documents as found on Cityview AND both dated August 2015. Please advise and explain. As noted below and in my other email of December 22, 2015, please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided and continued follow up to the initial, preliminary request that you reconsider and set aside your September 22, 2015 APR approval. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone E 239 - 649 -7342 Fax apires@ wpl - legal. com < mailto:apires@wpl- legal.com> Firm Website: www.wpl-leqal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Tuesday, December 22, 2015 11:30 AM To: 'BellowsRay'; 'BosiMichael' Subject: RE: APR- PL20150001922; BEACH BOX CAFE Thanks Ray. Could you or Mike send me a copy of the lease that was referenced in the APR submittal? There is no copy of a lease in what you sent or what is on line. 191"Ma , Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires @ wpl- legal.com <mailto:apires @ wpl- legal.com> Firm Website: www.wpl -legal .com <http: / /www.wpl- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: BellowsRay [mailto: RayBellows @ collier_ oq v.net] Sent: Tuesday, December 22, 2015 9:44 AM To: Anthony Pires; BosiMichael Subject: RE: APR- PL20150001922; BEACH BOX CAFE Hi Tony, found this information in City View for this petition number. You should be able to view under the documents and images tab. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 [cid:image003.4pg @01 D1 3C9D.8766371 0] From: Anthony Pires [mailto:APires @wpl -le aq I.com] Sent: Tuesday, December 22, 2015 8:28 AM To: BosiMichael Cc: BellowsRay Subject: APR- PL20150001922; BEACH BOX CAFE Good morning Mike and Ray. Could you please send me a copy of the lease referenced in the application materials for the above? While referenced, I did not find a copy of one in Cityview for this project. If I missed it in Cityview I stand corrected. Please be aware that other property owners and residents in this area have for years expressed concern as to parking relating to this site and its uses and based upon my initial cursory review the reduction you provided will only exacerbate the situation. As I and my clients research and review the issues there may be additional concerns /objections /information submitted as to the reduction you provided . Thanks Tony Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@ wpl- legal.com <mailto:apires @wpl -le al.com> Firm Website: www. wpl- leqal .com <http: / /www.wpl- legal.com> This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified 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 /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 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. EXHIBIT "A -5" Planning Application Status - CityView Portal Planning Application Status / Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse /expand. Aummary Page 1 of 2 GMD Public Portal Planning Project Application Number: PL20150001922 Project Name: Beach Box Cafe Application Types: Administrative Parking Reduction (Status: Complete) Application Status: Open Property Owner's Full Name: VAGUNA CORPORATION Description of Work: Administrative Parking Reduction -(See scanned attached documents) Locations: 79122440003 Date Entered: 08/25/2015 — Application Types (Click to See Reviews) 08/25/2015 2015 -08 -24 BBC _ Administrative Parking Reduction Totals: $500.00 Application Status: Complete 1 Initial Submittal 08/25/2015 Status: Accepted Review Application Type Outcome Est. Completed Completion Zoning Review Administrative Parking Approved 09/09/2015 09/22/2015 Reduction Reviewer: Fred Reischl (239- 252 -4211) Send Email _ Fees Document Name 08/25/2015 APPLICATION 1 Paid Fees Amount Paid Owing Date Paid Administrative Parking Reduction i $500.00 $500.00 Paid 08/25/2015, Outstanding Fees Amount Paid Owing Date Paid No outstanding fees. 08/25/2015 2015 -08 -24 BBC APR- Addressing Checklist Totals: $500.00 $500.00 $0.00 Inspections There are no inspections for this planning application. — Meeting Requests One-on -one Sufficiency Review Meeting: Reauest a meeting PreApplication Meeting: Reauest a meeting Telephone Consultation for Insubstantial Reauest a meeting Change to SP or CP: Documents & Images Date Uploaded Document Name 08/25/2015 APPLICATION 1 08/25/2015 APPLICATION 08/25/2015 PL Payment Slio 08/25/2015 2015 -08 -24 BB APR- Vaauna Affidavit 08/25/2015 2015 -08 -24 BBC APR- Exhibit A 08/25/2015 2015 -08 -24 BBC APR- Addressing Checklist 08/25/2015 2015 -08 -24 BBC APR- Deed 08/25/2015 2015 -08 -24 BBC APR- Survey EXHIBIT http: / /cvportal.colliergov.net /Ci... http: / /cvportal.colliergov.net /Ci... Sunday, March 13, 2016 Planning Application Status - CityView Portal Page 2 of 2 Date Uploaded Document Name 08/25/2015 2015 -08 -26 BB APR- Aoolication 08/25/2015 Vaouna- Sunbiz Info 08/25/2015 Receiot for transaction: 2015- 046731 http : / /cvportal.colliergov.net/Ci... http: / /cvportal.colliergov.net/Ci... Sunday, March 13, 2016 EXHIBIT "A -6" B. Measurement. Where this LDC requires off - street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty -four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off - street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off - street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one -half (1 /z) shall require a full off - street parking space. C. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces, providing paved off - street surface parking in excess of 120 percent of the requirements of this LDC shall request a variance in accordance with Chapter 9. The developer shall be required to provide double the landscaping required in interior vehicular use areas, as required by section 4.06.00 for those projects requesting such a variance. D. Required off - street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right -of -way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 1. Residential off - street parking. Driveways must be at least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side - loaded there must be at least a 23 -foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. E. Required off - street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off - street parking is provided meeting the requirements of this Code. F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off - street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G. Spaces required. Table 17. Parking Space Requirements. EXHIBIT • Page 7 -A EXHIBIT A-711 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions B. Administrative Parking Reduction (APR) Reference LDC subsection 4.05.04.F.2 Applicability This procedure applies to the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Administrative Parking Reduction" application with the Planning & Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Section, township and range; • Subdivision, lot and block; and • Address of subject site. 5. Type of business. 6. Hours of operation. 3. Signed and sealed survey. 4. Addressing checklist. S. To determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied, then the applicant may be required to submit the following: • Parking generation studies; • Evidence of parking ratios applied by other counties and municipalities for the specific use; • Reserved parking pursuant to LDC section 4.04.05; and • Other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. 185 1 Page g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx EXHIBIT 8 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 4.05.04 F.2. Updated 186 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx