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HEX Agenda 11/09/2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, NOVEMBER 9,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued to the November 30,2017 HEX Meeting. A. PETITION NO. PDI-PL20170001859 — Cameron Partners II, LLC requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay Planned Unit Development, to add a deviation from LDC Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an internal side shared property line between Lot 2 and Lot 3 of the Heritage Bay Commons —Tract D replat subdivision or any internal buffer along a shared side property line if Lots 2 and 3 are subdivided. The PUD consists of 2,562± acres located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. PETITION NO. PL20170003285 — 3570 Bayshore Drive, LLC, filed an appeal of the administrative approval of the Official Interpretation INTP-PL20170001233 for the Bayshore Beer Garden in the General Commercial Zoning District within the Bayshore Mixed Use Overlay District- Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located at 3555 Bayshore Drive, Naples, Florida in Section 14, Township 50 South and Range 25 East, in Collier County,Florida. [Coordinator: Mike Bosi,Zoning Division Director] C. PETITION NO. PL20170001829 — 3570 Bayshore Drive, LLC, filed an appeal of the administrative approval of the Site Improvement Plan SIP-PL20150002675 for the Bayshore Beer Garden in the General Commercial Zoning District within the Bayshore Mixed Use Overlay District- Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located at 3555 Bayshore Drive, Naples, Florida in Section 14, Township 50 South and Range 25 East, in Collier County,Florida. [Coordinator: Mike Bosi, Zoning Division Director] D. NOTE: This item has been continued to the November 30,2017 HEX Meeting. PETITION NO. BD-PL20170000541 —David Bautsch requests a 36.46-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 56.46 feet,to accommodate a new docking facility, including a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-11 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9TH, 2017 SUBJECT: AOI-PL20170003285 - BAYSHORE BREW GARDEN OI- APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the administrative approval of the Official Interpretation INTP-PL20170001233 (Attachment "A") for the Bayshore Beer Garden with accessory microbrewery in the General Commercial Zoning District, within the Bayshore Mixed Use Overlay District -Neighborhood Commercial Subdistrict (C-4-BMUD-NC). Per the Collief County Code of Laws and Ordinances, Section 2-87, the Hearing Examiner (HEX) shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use -Neighborhood Commercial zoning district. The section states that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval contained within the Official Interpretation by staff. The issue here is whether the OI, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use -Neighborhood Commercial zoning district (C-4-BMUD-NC). Should the HEX determine that the Official Interpretation approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use -Neighborhood Commercial zoning district, the HEX may overturn the administrative decision contained within the Official Interpretation. Should the HEX find none of the above, the HEX shall accept the administrative approval of the OI. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive (Parcel No. 6184132000001), Naples, FL, 34112 (Aerial provided for on following page) CONSIDERATIONS: Background On October 2, 2015, the Planning and Zoning Division issued a Zoning Verification Letter (ZVL- PL20150002157, Attachment "B") for the property at 3555 Bayshore Drive, Folio No. 61841320001. Within the ZVL, the following uses were indicated for the property: i) Lounge in which beer, wine and non-alcoholic beverages are to be served; ii) An accessory micro -brewery; iii) Tours of the brewery; iv) Neighborhood gathering place for events such as group parties, trivia nights, bingo, and beer brewing meet ups; V) Bar type table games; vi) Live music performed by small groups of musicians; vii) Food, delivered or carried in, to be consumed on the premises; viii) Sale of pre-packaged food such as nuts and chips; and ix) Sale of tee shirts, caps, and items related to the brewery. The ZVL stated, "Zoning Services Staff is of the opinion that remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge." On April 18, 2017, SIP-PL20150002675 was issued an approval letter showing the 6,000 square foot renovation of the building to accommodate a bar/tavem/lounge with accessory microbrewery and associated site work. APPELLANT'S CLAIMS: On September 6th 2017, 3570 Bayshore Drive, LLC filed an appeal of INTP-2017-1233. In connection with the same, 3570 Bayshore Drive, LLC requests that INTP-20 17- 123 3 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further. in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. INDUSTRIAL MANUFACTURE OF BEER Appellant's Position: Appellant States: The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See, for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation, b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub -district (`BMUD-NC) as continued by the Collier County Zoning Map (See, Exhibit "C" as attached to the OI Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classi fication (SIC) Manual 1987", in identifying and listing allowable zoning uses. "Industrial manufacturing of beer", known as a brewery having SIC code 2082, is not listed as a principal, conditional or accessory use in either the General Commercial District (C-4) or the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub -district ("BMUD- NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code. Further, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff, 3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for off-site distribution, sales and consumption, as well as on-site consumption. County's Position: The BMUD-NC Overlay allows industrial uses The industrial manufacturing of beer, more typically known as a brewery (SIC 2082) is a stand-alone principal use allowed within the Industrial Zoning District. The use is not expressly specified as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district. It should be noted that, per LDC Sections 2.03.07.1.4.b.i & iii, the BMUD-NC zoning district permits, "Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. " Specific uses permitted in the BMUD-NC district are Metal Products Fabrication, Repair Shops and Laboratories; uses allocated to heavy commercial (C-5) and industrial zoning districts. The language in the LDC clearly contradicts the Appellants' claim, "Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overdo not include industrial manufacturing of beer or any other types of industrial uses whatsoever", because industrial uses are allowed in the BMUD-NC Overlay. ii. The BMUD-NC Overlay is intended to be flexible and it expands the uses allowed by the underlying zoning district The BMUD-NC zoning district allows for a full array of Residential uses such as Single and Multi -Family Dwelling units, Live -Work Units and Artist Villages. The BMUD also provides for Hotels, Bed and Breakfast facilities, Office/Services uses, Retail and Restaurants, Entertainment/Recreation, Civic Institutional and Infrastructure. The wide variety of uses illustrates the uniqueness of the BMUD-NC zoning district in that the BMUD-NC overlay expands the allowable permitted uses beyond those uses provided for in the underlying LDC zoning districts of Residential, Commercial and Industrial. Another noteworthy aspect of the BMUD-NC zoning district, is that permitted uses are not specified by Standard Industrial Classification (SIC), but rather use groups, which allows for wider variety of uses AOI-PL20170001233 Page 4 of 6 than a single narrow SIC number. This approach to land use provides for more flexibility in determining what uses are allowed in the district by evaluating their use characteristics, rather than business characteristics to make that determination. To further illustrate this point, the location of the proposed Beer Garden is an existing engine repair facility: with multi -family developments to the immediate north and south of the parcel; a restaurant, marine electronics facility and single-family residences to the south; and a multi-purpose office complex containing a realtor office, florist and CRA offices to the west. Based upon this arrangement all property owners within the BMUD-NC zoning district could reasonably expect to neighbor anyone of the industrial, commercial or residential use types. iii. A microbrewery is an allowed accessory use to the proposed drinking establishment. Within each zoning district, within the Collier LDC there are permitted uses, conditional uses and accessory uses. The subject SIP allows a microbrewery (production of beer) as an accessory use to the proposed drinking establishment, in this instance a beer garden. The accessory microbrewery is directly related to the principal use, as the beer produced within the establishment will be for on-site consumption. It is incidental and subordinate to the principal use on the property. The subordinate relationship is shown in the square footage allocations of the facility. Within the traffic analysis dated July 13, 2016 by Ted Treesh of Transportation Consultants, Inc. for the approved SIP, 3,845 sq. ft. of the 6,000 total sq. ft. is for public use area of the beer garden or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the venues main product of sale, being beer. The trip generation associated with the beer garden and accessory microbrewery as provided by Applicant shows that the drinking area would generate 44 P.M. peak hour trips and the microbrewery would produce 3 P.M. peak hour trips, or six (6) percent of the total P.M. peak hour trips (Attachment "C"). This projected trip split further demonstrates the subordinate role of the microbrewery to the overall operation. It also shows a minimal impact on the roadway. As noted above, the zoning district appropriate for a brewery is the Industrial zoning district. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production and distribution, and demands upon utility infrastructure which is energy intensive. By comparison, the accessory 2,585 square feet of the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site, with little to no external effect upon surrounding land uses. It should also be noted that the approval of the Site Improvement Plan for Bayshore Beer Garden is also being appealed by the Appellant as a companion item. Correspondence received related to the project has been provided as an attachment to the application. GROWTH MANAGEMENT IMPACT: The areas addressed within the appeal are contained within the LDC, therefore no impact to the Growth Management Plan. AOI-PL20170001233 Page 5 of 6 COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on 10/27/17. RECOMMENDATION: For the HEX to affirm the administrative approval of 0I-PL20170001233 and impose a condition of approval upon the facility to maintain a minimum of 51% of all sales for on- site consumption and that the owner of the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department Attachments: A. tNTP-PL20170001233 B. ZVL-PL20150002157 C. Trip Generation Submittal PREPARED BY: 10 -3, - n MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION AOI-PL20170001233 Page 6 of 6 Notice of Official Interpretation Of Collier County Land Development Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code (LDC), public notice is hereby given of an official interpretation. RE: IN77-2017-PL-1233, OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMINE WHETHER THE "INDUSTRIAL MANUFACTURING OF BEER IS A PRINCIPAL, ACCESSORY OR CONDITIONAL USE THAT CAN OCCUR WITHIN THE COMERCIAL-4 /BAYSHORE DRIVE MDMD USE OVERLAY DISTRICT NEIGHBORHOOD COMMERCIAL ZONING DISTRICT (C-4040 NC) The Collier County Zoning Director has been requested to render an official interpretation for the Commercial4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district of the Land Development Code and if the industrial manufacturing of beer is allowed as a permitted, accessory or conditional use. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types (as defined within LDC 1.08.00): Accessory use or structure. A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Conditional use. A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. Principal building, structure, or use. The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. Within the request for the Official Interpretation, you raise two points: 1. "Thatindustrial manufacturing of beer and related uses with site work as described on the Exhibit "A" cover letter as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property"; and 2. "That "industrial manufacturing of beer" is not a principal, accessory; or conditional use that can occur on the Property." Essentially both questions are asking the same, "is industrial manufacturing of beer", allowed within the Commercial-4/13ayshore Mixed Use Overlay Neighborhood Commercial zoning district. The first point is directly related to a 2015 Site Improvement Plan (PL20150002675), associated with property at 3555 and 3557 Bayshore Road, which read, "The above referenced project consists of a 6, 000 SF building renovation for industrial manufacturing of beer and related uses, with site work." This project description was submitted within the 2015 SIP submittal. Subsequently the project description associated with the SIP was revised to read, "The above referenced project consists of a 6, 000 square foot building for a lounge with microbrewery, with site work." Regardless of the revised narrative associated with the SIP, your Official Interpretation focuses on the question, "is industrial manufacturing of beer allowed on the property and within the C41BMUD-NC zoning district? " The industrial manufacturing of beer, more typically known as a brewery (SIC 2082) as a principal use is in fact an industrial use that is not allowable as aprincipal or conditional use within eitherthe underlying C-4 zoning district or the BMUD- NC overlay district. As noted earlier within this official interpretation, within each zoning district there are permitted uses, conditional uses and accessory uses. The allowance of a microbrewery (on-site brewing of beer) associated with a proposed drinking establishment or in this instance beer garden, is an accessory use that is directly related to the principal use. The beer produced within the establishment will be for on-site consumption and incidental and subordinate to the primary use on the property. The subordinate relationship is reflected in the square footage allocations of the facility. Within the approved SIP (PL20150002675), 3,845 sq. ft. of the 6,000 total sq. ft. is proposed drinking establishment/drinking area or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). As noted within this official interpretation, the zoning district appropriate for a brewery is Industrial Zoning. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production capacities, demands upon utility infrastructure and distribution capability. A traffic analysis dated July 13, 2016 was completed by TR Transportation Consultants, Inc. Review of the trip generation associated with the beer garden and accessory microbrewery stated that the drinking area would generate 44 P.M. peak hour trips and the microbrewery would produce 3 P.M. peak hour trips, or six (6) percent of the total P.M. peak hour trips. The projected trip split further suggests that the microbrewery is subordinate to the overall operation. Additionally, the 2,585 square feet of the facility dedicated to the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site, with little to no external effect upon surrounding land uses. Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015, prior to the SIP submittal, to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan, and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive, Naples, FL 34104. Please contact the staff member below at (239) 252-6819 to set up an appointment if you wish to review the file. Mike Bosi, AICP, Director, Planning and Zoning Department n. Attachment"B" CO ler Coulity Growth Management Department Zoning Srarvlua Sn;Non October 2, 2015 Mr. Adam Kelley 3140 La Costa Circle, Apartment 304 Naplas, Florida 34105 Re: ZLTR-PL2ol50002157; Zoning Verification Letter for 3555 Bayshore Drive, AKA; parcel 115,2 in Section 14, Township 50 South, Range 25 Beat, of unincorporated Collier County, Florida, Property 1D/Folio Number: 61841320001. Dear Mr. Kelley: This letter is in response to your Zoning Verification Letter Application (ZLTR) dated July 15, 2015, in which you had requested information pertaining to use of the subject property. Accompanying the ZLTR application was the following list of uses: i) lounge in which beer, wine and non-alcoholic beverages are to be served; ii) an accessory micro -brewery; iii) tours of the brewery; iv) neighborhood gathering place for events such as group parties, trivia nights, bingo, and beer brewing meet tips; v) bar type table games; vi) live music performed by small groups of musicians; vii) food, delivered or carried in, to be consumed on the premises; viii) sale of pro -packaged food such as nuts and chips; and ix) sale of tee shirts, caps, and items related to the brewery. Whereas the subject property is located within an unincoWnited portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues, the County herewith provides the following. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 0441 as amended; the LDC implements the goals, policies and Objectives of the County's Growth Management Plan. The current Official Zoning Atlas, m element of the LDC, shows the subject property has a zoning designation of General Commercial District (C4) and is further located within the Bayshore Drive Mixed Use Overlay District - Neighborhood Cownercial Subdistrict (BMUD-NC). Allowable uses within the underlying C4 zoning area are listed within LDC Section 2.03.07 D and are of three types (as defined within LDC 1.08,00): • Accessory use or slracture• A use or sMmx'ure located on the same lot or parcel and incidental and subordinate to the princtpal use or stricture. • Conditional Use: A use that, due to special circumstances, is not permissible to a zoning dlsmic; but may be appropriate if controlled as neighborhood to number, area. Location, or relation to the • Principal building, structure, or use: 2Re main or primary use on a lot or parcel, or the building in which the main orprimaay use is housed or carried out. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SIC) Manual - 1987," as published by the Executive Office of the President - Office, of Management and Budget; portions of this manual aro accessible online via htty1/www.o,,bx.gOv/VWimis/sic manual lA 1. Staff has datermined that the above 0 - 2mina DlWslon • 2800 North Hormbm nNvs • Napys, FL 341U 239.282-2410. wew.collltxgay.mt Zoning Vvp fi� Lener aTR-PL20150002157 Pons 2 qt2 described business uses) is/are most similar to that of a bar or lounge, SIC 5813. Permitted use #48, within the C-4 district, reads: "Eating and drinking establishments (5812 and 5813) excluding bottle clubs. Aft establishments engaged in the retail sale of alcoholic beverages for ompremise consumption are subject to localonal requirements of section 5.0501." Zoning Services Staff is of the opinion that the remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge. Bars, taverns and nightclubs are listed as permitted uses within the BMUD-NC as well; LDC Section 2.03.07 I.4,bdii, Table 1. Please be advised that a brewery (SIC 2052) as a primary use is in fed an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district; therefore, the described business most be operated in such a way that the micmo brewery is accessory to and supportive of a bar/tavem/iounge and not vise -versa. Additionally, LDC Section 5,05.01 sets forth additional locational restrictions, separation requirements, on businesses serving alcohol (see attached) that have not been yet been verified. Such reviews are typically initiated as part of the Zoning Certificate process that is required prior to the establishment of any business to be operated within Collier County; LDC Section 10.02.06 B, Lf (application attached). Lastly, should there be a change from the existing use of the property, it is likely that the LDC will require site and/or architectural improvements that will necessitate implementation of the Site Development Plan (SDP) review procoss. Please feel free to contact Chris Scott, Planning Manager, with the Development Review Division at (239)252.2460 for additional information. Disclaimer: Issuance of a development permit by a county does net in any way create my rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfil] the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. The information presented in this verification letter is based on the Collier County LDC and/or Cu ivth Management Plan in effect as of this date. It is possible that subsequent amendments) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but net limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Lod Development Code pursuant to Sections 1,06.0l.A and 10.02.02.17.1 of that Code. The fee for an Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Counts website, www.collierclerte.com /Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Should you require additional information, please do net hesitate to call our office at (239)252.2400. Researched and prepared by: JoTu A. Kelly, PI. neer Zoning Services Section Reviewed by: Rayn d Bellows, Zoning Manager Zoning Services Section TRANSPORTATION CONSULTANTS, INC. Attachment "R" MEMORANDUM TO: Mr. Blair Foley, P.E. Blair A. Foley, PE LLC FROM: Ted Treesh President DATE: July 13, 2016 RE: Bayshore Brewery — PL20150002675 3555 Bayshore Drive Naples, Florida TR Transportation Consultants, Inc. has completed a traffic analysis for the Site Development Plan application for a brewery to be located on the east side of Bayshore Drive in East Naples, Florida. The subject site is located at 3555 Bayshore Drive, approximately three-quarters of a mile north of its intersection with Thomasson Drive in Collier County, Florida. Figure 1 illustrates the approximate location of the subject site. As currently requested, the brewery will occupy an existing building that is currently approximately 6,000 square feet in size. The site will be utilized with approximately 3,845 square feet of floor area for public use (includes approximately 430 square feet of outdoor sitting area) and 2,585 square feet of floor area for the actual brewing operations. Access to the subject site will be provided to Bayshore Drive via one existing right- in/right-out access at the southern entrance and via one existing right -out only access at the northern exit. No food preparation will be provided within the building. EXISTING CONDITIONS Bayshore Drive is a north/south four -lane divided roadway to the north of Thomasson Drive and to the south of US 41. The Level of Service Standard on Bayshore Drive (link # 7.0) is LOS "D" or 1,800 vehicles. TRIP GENERATION & DISTRIBUTION The Institute of Transportation Engineers Report titled Trip Generation, 9" Edition, was referenced to estimate the trip generation for the proposed development. Since ITE does �j TRANSPORTATION rs CONSULTANTS, INC. Mr. Blair Foley, P.E. Bayshore Brewery July 13, 2016 Page 2 not contain any use that is similar to the proposed brewery, the building floor area that will be open to public for tasting and consumption of the brewed beers was considered a Drinking Place (Land Use Code 925) and the floor area that will be utilized for the manufacturing of the beer was considered a Light Industrial use (Land Use Code 110). The trip generation equations for Land Use Code 110 and Land Use Code 925 are attached to the end of this document for reference. Table 1 provides a summary of the land uses being applied for as a part of this SDP application. Table 1 Proposed Land Uses Land Use Light Industrial 2,585 square feet (LUC 110) Drinking Place 3,845 square feet (LUC 925) Table 2 provides a summary of the trip generation projections for the development as currently proposed. No A.M and Daily trip generation was completed due to lack of data for Land Use Code 925 in ITE. No discount was taken in the trip generation based on the previous use of the existing building as a small engine repair shop. The use has been closed for approximately one year. Table 2 Trip Generation Bayshore Brewery Land Use Weekda P.M. Peak Hour In Out Total Light Industrial 0 3 3 (2.585 square feet) Drinking Place 29 15 44 (3,845 square feet) Net Tris 29 1 18 1 47 The trips shown in Table 2 were assigned to the surrounding roadway system based upon the anticipated routes that drivers would utilize to approach the site. Access to the site will be provided via the two existing access drives. The southern access along the south property line is limited to right-in/right-out movements only. The northern site access will be limited to existing movements only. The existing roadway network adjacent to the subject site was utilized to assist in determining the distribution of site traffic. Figure 2 illustrates the anticipated distribution of the project traffic. The project trips were then assigned to the surrounding intersections based upon the anticipated distribution of the project traffic. Figure 2 also illustrates the resulting assignment of the project traffic. TRANSPORTATION Mr. Blair Foley, P.E. Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 3 CONCURRENCY/LEVEL OF SERVICE ANALYSIS In order to determine which roadway segments surrounding the site will be significantly impacted, Table 1A, contained in the Appendix, was created. This table indicates which, if any, roadway links will accommodate an amount of project traffic greater than the 2%- 2%-3% Significance Test. Therefore, the net new traffic generated as a result of the proposed development was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the 2015 Collier County Annual Update Inventory Report (AUIR). From Table IA, no roadway segments are shown to be significantly impacted by the proposed development. In addition to the significant impact criteria, Table IA also includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2015 Collier County Annual Inventory Update Report (AUIR). In order to estimate the projected 2018 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes from the 2015 AUIR were adjusted by the appropriate growth rate. The growth rates calculated for the area roadway links are indicated on Table 3A. These projected volumes were then compared with the 2015 existing plus trip bank volumes from the 2015 AUIR. The more conservative of the two volumes was then utilized as the 2018 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2018 background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the net new traffic associated with the proposed development. Based on the information contained within Table IA, there will be sufficient capacity on the surrounding roadway network to serve the net new trips generated as a result of the proposed development. Figure 3 illustrates the results of the concurrency analysis. Pursuant to the Collier County Construction Standards Handbook, a right turn lane is required on Bayshore Drive at the southern site access drive. However, due to right-of- way constraints on the property to the south, construction of this lane is not feasible. The developer is seeking a waiver from the turn lane requirement. CONCLUSION The development of the proposed brewery located on the east side of Bayshore Drive in Collier County, Florida will not have a detrimental impact on the surrounding roadway system. Bayshore Drive has a sufficient capacity to accommodate the minimal amount of new trips anticipated to be generated by the proposed facility. ,-/ I-& /9 f3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 2S2-6358 APPEAL OF OFFICIAL INTERPRETATION LDC subsection 1.06.01 D & Code of Laws section 2-83 — 2-90 Ch. 3 A. of the Administrative Code PROJECT NUMBER PROJECT NAME pk To hep:ed byjtaf) DATE PROCESSED P G APPLICANT CONTACT INFORMATION O Owner: '25%r1 a.,'rS� — ri yon T.T Address: PO Box 783 City: Cranford State: NJ ZIP: 07016 Telephone: Cell: Fax: E -Mail Address: Douqlas A. Lewis Applicant/Agent: Firm: Thompson Lewis Law Firm, PLLC Address: 850 Park Shore Dr. ,Suite 201 cfty. Naples State: Floridazip: 34103 Telephone: 239.316.3004 Cell: 239.272.2372 Fax: 239.307.4839 E -Mail Address: Douct@tllfirm.com DETAIL OF REQUEST Interpretation No. AR-, (Please reference the interpretation number that is being appealed) INTP-2017—PL-1233 Attach a narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. SUBMITTAL REQUIREMENTS See Chapter 3 A. of the Administrative Code for submittal requirements. The following items are to be submitted with the completed application packet: X Completed application (download current form from County website) X Completed narrative x Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: x Appeal of Official Interpretation Fee: $1,000.00 x Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,500.00 10/18/2013 Page 2 of 2 o5g'/Fye,31oe)ol COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Administrative Decision should be addressed to: Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 Narrative For Appeal of INTP-2017-PL-1233 Background Ank Crafts, LLC a/k/a ANKROLAB BREWING COMPANY (the "Brewing Company"), having a Business Mailing Address 3555 Bayshore Drive, Naples, Florida 34113, filed a Site Improvement Plan application on or about July 21, 2016 for a project consisting of "a 6,000 SF bld. renovation for industrial manufacturing of beer and related uses, with site work." "Industrial manufacturing of beer", known as a brewery, is an industrial use falling under the SIC code of SIC 2082 (See, Exhibit "D" to the OI Application as hereinafter defined). The Brewing Company's Site Improvement Plan application is known as the Bayshore Brew Garden - PL20150002675 ("Site Improvement Application"). Additionally, on June 12, 2017, the Brewing Company filed an application for a building permit under PRBD20170622946 to "convert existing commercial building to a brewery and lounge" (the "Building Permit Application"). As of the date hereof, the Building Permit Application has been rejected by Collier County, Florida, and we understand that all proceedings and work pertaining to the Building Permit Application have been stayed pursuant to Sec. 250-59, Laws of Fla. Ch. 67-1246, § 17 (the Site Improvement Application and Building Permit Application are collectively referred to herein as the "Project"). The address and parcel numbers for the Project are 3555 & 3557 Bayshore Drive & Parcel Number: 618413200001 (the "Property"). We represent 3570 Bayshore Drive, LLC (the "3570 Bayshore Drive"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub -district (`BMUD- NC) directly across the street from the Property owned by the Brewing Company. The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See, for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation, b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub -district ("BMUD-NC) as confirmed by the Collier County Zoning Map (See, Exhibit "C" as attached to the OI Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. "Industrial manufacturing of beer", known as a brewery having SIC code 2082, is not listed as a principal, conditional or accessory use in either the General Commercial District (C-4) or the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub -district ("BMUD- NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code. Further, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff, 3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for of -site distribution, sales and consumption, as well as on- site consumption. In view of the Project and the foregoing, 3570 Bayshore Drive filed an application for Official Interpretation ("Ol Application") on March 24, 2017 seeking confirmation from the Director of the Collier County Planning and Zoning Department that: (i) "industrial manufacturing of beer and related uses with site work" is not a permitted use of the Property, and (ii) "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. On August 10, 2017 and in response to the OI Application, a public Notice of Official Interpretation was issued ("INTP-2017-PL-1233"). INTP-2017-PL-1233 gives the following opinions/interpretations (among others): (i) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD-NC overlay district; (ii) That the brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment (or in this instance beer garden). (iii) The beer produced within the Property will be for on-site consumption and incidental and subordinate to the primary use, drinking establishment, on the Property. a. The subordinate relationship is evidenced by the % of building square footage dedicated for drinking establishment use vs the brewery. b. The subordinate relationship is evidenced by a traffic analysis showing that the brewery would generate 6 percent of the total P.M. peak hour trips. c. The subordinate brewery use is directly related to the drinking establishment as the brewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). d. That a condition of approval, required for INTP-2017-PL-1233, is that "sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department." Appeal On September 6, 2017, 3570 Bayshore Drive filed an appeal of fNTP-2017-1233. In connection with the same, 3570 Bayshore Drive requests that INTP-2017-1233 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further, in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. Alternatively, and in the event it is determined that a brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment, 3570 Bayshore Drive requests that INTP- 2017-1233 be modified and amended as necessary to confirm the following: (i) The beer produced or manufactured within the Property shall not be for off-site distribution, sales and consumption and shall be manufactured for on-site consumption only and incidental and subordinate to the drinking establishment use on the Property. a. That a condition of approval, required for [NTP -2017 -PL -1233 (as amended), is that "beer produced or manufactured on the Property shall: (i) not be for ofj`- site distribution, sales and/or consumption, and (ii) be manufactured/used for on-site consumption only." An accessory use must be both incidental and subordinate to the principal use. See, Section 1.08.02 of the LDC. A brewery is not a permitted type of accessory use on the commercially zoned Property. Further, it is not incidental and subordinate to the drinking establishment. 3570 Bayshore Drive disputes the percentage of building square footage dedicated for drinking establishment use vs the brewery as stated in fNTP-2017-PL-1233. The intensity of this industrial/manufacturing use is fully incompatible with the commercial use C-4 zoning, even as an accessory and incidental use to any other permitted C-4 use. INTP-2017-PL-1233 establishes dangerous precedent that goes well beyond the Property in how it will be applied in the future. In a nutshell, the Brewing Company cannot improperly seek to re-classify a principal use as an accessory use to subvert and undermine Collier County's Comprehensive Plan and LDC. BosiMichael From: Henry Holzkamper <cookingjan@aol.com> Sent: Monday, August 14, 2017 8:49 AM To: BosiMichael Subject: Beer Garden Henry & Jan Holzkamper 12795 Hunters Ridge Drive Bonita Springs, FL 34135 239-777-4777 cookingjan(o-)-aol.com 8-14-17 Mike Bosi Planning and Zoning Re: Bayshore Beer Garden own 30 low cost rental apartments within a few blocks of the proposed project. Beer gardens are not taverns or pubs, but tend to be a place for families and children. They are the poor mans country club. Wholesome with a stake in the neighborhood. Please allow. The Holzkampers BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab brewing company M cwkl 239.252.4446 Under Florida Law, e-mail addresses are public records. It you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Rebecca Beck [mailto:rbeck1229@gmail.com] Sent: Saturday, October 21, 2017 11:43 AM To: StrainMark <MarkStrain@colliergov.rI Subject: Fwd: Ancrolab brewing company Mr. Strain, I am forwarding my email below to the honorable Commissioners, as it is my understanding you are reviewing the petition. I am not fully educated about why the project is being protested, but wanted to forward my words of support for it to move forward. Thank you! Rebecca Beck Begin forwarded message: From: Rebecca Beck <rbeck1229@gmail.com> Date: October 18, 2017 at 7:04:37 AM EDT To: pen nytaylor@colliergov.net, donnafiala@colliergov.net, andysoli@colliergov.net, billmcdaniel@colliergov.net, burtsaunders@colliergov.net Subject: Ancrolab brewing company Dear BosiMichael From: Strain Mark Sent: Monday, October 23, 2017 8:07 AM To: BosiMichael Subject: FW: Ancrolab Brewing Company Mark 239.252.4446 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. -----Original Message ----- From: nancy maddox [mailto:nanmaddox55@gmail.com] Sent: Sunday, October 22, 2017 9:50 AM To: TaylorPenny <PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala @colliergov.net>; andysoli@colliergov.net; McDanielBill <BilIMcDaniel@colliergov.net>; SaundersBurt <BurtSaunders@colliergov.net>; StrainMark <MarkStrain@colliergov.net> Cc: Rebecca Maddox <rebecca@three60market.com> Subject: Ancrolab Brewing Company Dear Honorable Commissioners, As property/ business owners on Bayshore Dr., we are writing to ask you to support the Ancrolab Brewing Company to be located at 3555 Bayshore Dr. As you know, this property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The SDP has been submitted and approved. Unfortunately the project has been repeatedly delayed which has been emotionally and financially draining on the Kelleys. We hope they will not abandon the project because of this. Therefore we need your support to move this project forward. This project will not only create jobs and be an attraction for Naples, it will also help solidify the growing local community, promote local art, and help in the continuing revitalization of the area. As a business owner here, we know how important bringing other new businesses into the area is if the area is to continue on its path of regentrification. Please help us move this project forward; not to would be a tremendous loss for Bayshore. Business owners and property owners alike are counting on your support as we all know what a great addition this will be to the area. Respectfully, Rebecca and Nancy Maddox Sent from my iPhone BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab Mcwk, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. From: Jeanne Jones [mailto:jdcostigan@hotmail.com] Sent: Saturday, October 21, 2017 12:56 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ancrolab Dear Mr. Strain, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. I hope the owner will not be forced to abandon the project and therefore needs your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help move this project forward. This would be a tremendous loss for the area. There is support from many neighbors and business owners in the area. Respectfully, Jeanne Jones 81 Seagate Dr, #603 Naples, FL 34103 1 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Ma4-k, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Lane Wilkinson [mailto:wlwphotography@gmail.com] Sent: Sunday, October 22, 2017 9:46 PM To: Strain Mark <MarkStrain@colliergov.rl Subject: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Dear Mark Strain, I am writing you to ask you to support the Ankrolab Brewering company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Wilkinson Photography 239.822.8704 wlwphotography.com BosiMichael From: StrainMark Sent: Wednesday, October 25, 2017 12:05 PM To: BosiMichael Subject: FW: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza M"k1 239.252.4446 Under 'Florida '-aw, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead; contact this office by telephone or in writing. From: Stephan Nedwetzky [mailto:snedwetzky@yahoo.com] Sent: Wednesday, October 25, 2017 11:56 AM To: StrainMark <MarkStrain@colliergov.net> Subject: Fwd: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Begin forwarded message: From: Stephan Nedwetzky <snedwetzky(c yahoo.com> Subject: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Date: October 25, 2017 at 10:51:39 AM CDT To: pen nytaylor(a)colIiergov.net Cc: "snedwetzky(a)yahoo.com" <snedwetzky(aD_yahoo.com> Ankrolab Brewing Company project, 3555 Bayshore Drive Naples, Florida 34112 Dear Honorable Commissioners, I am Stephan T. Nedwetzky the owner and operator of Pit Commander Barbecue and Texapolitan Pizza (www.pitcommanderbbq.com) in Garland, Texas just bordering Dallas, Texas. Please feel free to go on my FACEBOOK page to read all 4 articles written by Fort Myers NEWS PRESS and NAPLES HERALD. http://www. news-i)ress.com/story/life/food/2016/12/13/r)it-commander-bba-fort-mvers-food-truck- barbecue-beef-ribs-brisket-texas-style-restaua rant -m illen n is I-brewing-co-brewery/95212380/ htt_ps://southwestfloridaforks.blogspot.com/2017/02/a-tale-of-three-naples-barbecues.html?m=1 http://n aplesherald.com/2017/02/09/pit-commander-barbecue-true-texas-roots-swfl/ http://www. news-press.com/story/life/food/jean-le-boeuf/2017/01/17/*Ib-picks-27-restaurant-2017-hidden- gems-best-food-where-to-eat-critic-review-fort-myers-cape-coral-bonita-springs-lehigh-north/96657876/ I was in Naples last season from November through April selling my Central Texas Barbecue when Mr. Adam Kelly (ANKROLAB Brewing Co.) and his fiance came out to one of my barbecue cooks at MILLENIAL BREWING COMPANY in Fort Myers, Florida. Every Saturday we crushed all local business with my central Texas Barbecue! I made so much noise in the Fort Myers community that THE NEWS PRESS came out and did a full story on me! So did Naples! I would have done more in Naples but you only have "ONE" Brewery and they already have food served by Porkers BBQ. We talked at great lengths about his vision of an outstanding local craft beer brewery complimented with my Central Texas Barbecue and Texapolitan wood fired pizzas in your beautiful Naples, Florida! I want to make this next point very clear! I'm a TEXAN!!!! I Love my great state of Texas and never once considered moving anywhere else till I came to Naples, Florida and met; Adam Kelly and his fiance Anastasiya Prozorova Owner of ANKROLAB Brewing Co. 3555 Bayshore drive Naples, Florida 34112 Local business owners Chef- Chris J. JONES owner of PORKERS BBQ and PORKERS PIZZA. They serve out of a food truck at NAPLES BEACH BREWERY 4120 Enterprise ave suite 115-117 Naples, Florida 34104 which again is an amazing owner Will Lawson- Founder/ Director of Brewery operations. Owners Georg, Heike, Tina and Stefan of PEPPERS DELI & BUTCHER SHOP at 4165 corporate square Naples, Florida 34104. These are just a few of the amazing people I met and in 5 short months while working here and when it was time for me to come home to Texas I found myself in unfamiliar waters. I didn't want to go! I still think about Naples, Florida and all the great people that came out to my barbecues. I talked with many locals about how bad the barbecue dessert is in your area and had more pleas to stay in Naples than anywhere I have been. It was truly flattering!!! As a father and business man I want to do what's best for my family and business. We are considering moving to Naples, Florida PERMANENTLY and create new jobs in Naples, Florida. This is where we need your help. Please consider moving forward on the ANKROLAB Brewing Company Project at 3555 Bayshore Drive Naples, Florida. It would be hard for me and my family to move to Naples, Florida without a firm foundation in place which is ANKROLAB BREWING COMPANY! I know between ANKROLAB BREWING CO. and Pit Commander Barbecue and TEXAPOLITAN wood fired Pizza we together can make this area a destination point! We are job creators and this could be the start of rebuilding an area in desperate need of it! Just look at my home town of PLANO, TEXAS! Our downtown area was like the area where the brewery is going and they built it up so beautifully that all the rift rafts are gone and it is a desirable destination point now where before we would not go to eat or drink with family and friends! I am writing you to ask you to support the Ancrolab Brewring company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. 2 This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Pit Commander Barbecue and Texapolitan Pizza www.pitcommanderbbq.com Stephan T. Nedwetzky 972-400-0234 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples mcwkl 239.252.4446 Under Florida Law, e-mail addresses are public. records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Laetitia Dawson [mailto:tishdawson@gmail.com] Sent: Sunday, October 22, 2017 3:17 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples Dear Chief Hearing Examiner Strain, As a property owner in the Bayshore area on Coco Avenue, I am writing you to ask you to support the Ankrolab Brewing Company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you may know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will contribute to the local community, promote local art and revitalize the area. My family relocated to Naples from California a little over a year ago. After viewing many properties and neighborhoods, we decided to purchase our home in Bayshore because of the exciting renovations and convenient location. Please help us move this project forward to continue to make Bayshore better. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Laetitia Dawson BosiMichael From: StrainMark Sent: Tuesday, October 24, 2017 7:18 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples mcwk, 239.252.4446 Under Ronda 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 mall to this entity. Instead„ contact this office by telephone or in writing. From: Donna Leahy [mailto:dmleahy6l@gmail.com] Sent: Monday, October 23, 2017 6:50 PM To: SolisAndy <AndySolis@colliergov.net> Cc: TaylorPenny <PennyTaylor@colliergov.net>; McDaniel Bill <BiIIMcDaniel@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net> Subject: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples October 23, 2017 We are writing you to ask you to support the Ankrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. Without the addition of breweries and other attractions that are appealing to a younger demographic, Bayshore is destined to remain an underdeveloped area seen simply as a place to put low cost housing away from the sightlines of wealthier county residents. It is already so difficult and costly for any business to be proposed in Collier County and the additional restrictions on the timely development of Bayshore have been an unnecessary burden to a community looking to improve the area.The Ankrolab principles have both the interest and financial basis to see this project to completion. Please give them the support they need to move this project forward. Naples and Bayshore in particular need your support to create the energy needed to attract younger people to live in and take part in the revitalization of the area. Allowing this brewery to move forward is one important step in that process. Respectfully, Dr. and Mrs. Robert Leahy Naples FL BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 9:23 AM To: BosiMichael Subject: FW: Bayshore Microbrewery Mcwkl 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Dan Maruszcak[mailto:naplescaptain@yahoo.com] Sent: Thursday, October 26, 2017 9:05 AM To: StrainMark <MarkStrain@colliergov.net> Subject: Bayshore Microbrewery Dear Honorable Commissioner, As a local business owner near Bayshore Drive, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Captain Dan Maruszczak Mariner Services, Inc. BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 4:25 PM To: BosiMichael Subject: FW: Brewhouse McW1v 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do riot want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. From: Chris Boland[mailto:napleskayakchris@gmail.com] Sent: Thursday, October 26, 2017 4:08 PM To: TaylorPenny <PennyTaylor@colliergov.net>; StrainMark <MarkStrain@colliergov.net> Subject: Brewhouse Hi Mark and Penny, We would love to see the brewhouse happen. It would be a huge boost to the area. We are very happy to be a part of the district. Thank you Chris Naples Outfitters on Shadowlawn BosiMichael From: Strain Mark Sent: Monday, October 23, 2017 12:46 PM To: BosiMichael Subject: FW: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive M a* -k, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request: do not send electronic mail to this entity. Instead; contact this office by telephone or in writing. From: Danielle Channell[mailto:danielle.channell@gmail.com] Sent: Monday, October 23, 2017 12:28 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive Dear Mr. Strain, Below, please find my letter which has been sent to every sitting member of the Collier County Commission. Thank you for your consideration and your time. As a long time resident of Naples, Florida, I am determined to express my complete support for the completion of Ankrolab Brewing Company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive, within the Bayshore Gateway Triangle CRA. As someone who has lived in Naples, Florida for over 20 years, it is excellent to see the current renaissance of Bayshore Drive taking place. A street, which was once known for all things detrimental to society, is now developing a reputation as an Arts District. The completion of Ankrolab Brewing Company will certainly add to this positive direction and create additional opportunities for residents and visitors. Job creation, an increased sense of community and thriving small business are all part of what makes Naples, Florida an amazing place to live. The completion of Ankrolab Brewing Company will certainly expand upon these 3 key factors. The property for Ankrolab Brewing Company was purchased in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. During this approximate two year period, the team of Ankrolab has been stalled and delayed repeatedly, resulting in massive financial and emotional expense. This is too excellent of a business platform for the Bayshore area to just allow all of the hard work and effort to go entirely to waste. Bayshore Drive NEEDS Ankrolab Brewing Company. Upon completion, Ankrolab Brewing Company will provide an additional space for artists to show their works. The beauty of Ankrolab is that it will not be just another craft brewery, but it will also serve as an additional artistic space for art lovers in the Bayshore area. A newly minted Arts District definitely needs all of the artistic space possible. Upon completion, Ankrolab will also be an excellent space to hold events that benefit local charities which are the backbone of community excellence throughout Collier County. In closing, I strongly urge you to vote in favor of all measures for the completion of Ankrolab Brewing Company. Ankrolab is set to be a wonderful asset to the Bayshore Community, both artistically and financially. Ankrolab Brewing Company is exactly what the Bayshore Arts District needs at this point in re -development, in order to lay the foundation for a flourishing future. Any other considerations or motions are terribly short- sighted and will certainly result in the detriment of an area of Naples which is already starting to blossom into a beautiful new creation. Please allow the Bayshore Arts District to continue in a positive forward motion with the completion of Ankrolab Brewing Company. Sincerely, Danielle Channell Long-time Neapolitan and Concerned Citizen BosiMichael From: StrainMark Sent: Monday, October 23, 2017 12:46 PM To: BosiMichael Subject: FW: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive Mcwk, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Danielle Channell[mailto:danielle.channell@gmail.com] Sent: Monday, October 23, 2017 12:28 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive Dear Mr. Strain, Below, please find my letter which has been sent to every sitting member of the Collier County Commission. Thank you for your consideration and your time. As a long time resident of Naples, Florida, I am determined to express my complete support for the completion of Ankrolab Brewing Company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive, within the Bayshore Gateway Triangle CRA. As someone who has lived in Naples, Florida for over 20 years, it is excellent to see the current renaissance of Bayshore Drive taking place. A street, which was once known for all things detrimental to society, is now developing a reputation as an Arts District. The completion of Ankrolab Brewing Company will certainly add to this positive direction and create additional opportunities for residents and visitors. Job creation, an increased sense of community and thriving small business are all part of what makes Naples, Florida an amazing place to live. The completion of Ankrolab Brewing Company will certainly expand upon these 3 key factors. The property for Ankrolab Brewing Company was purchased in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. During this approximate two year period, the team of Ankrolab has been stalled and delayed repeatedly, resulting in massive financial and emotional expense. This is too excellent of a business platform for the Bayshore area to just allow all of the hard work and effort to go entirely to waste. Bayshore Drive NEEDS Ankrolab Brewing Company. Upon completion, Ankrolab Brewing Company will provide an additional space for artists to show their works. The beauty of Ankrolab is that it will not be just another craft brewery, but it will also serve as an additional artistic space for art lovers in the Bayshore area. A newly minted Arts District definitely needs all of the artistic space possible. Upon completion, Ankrolab will also be an excellent space to hold events that benefit local charities which are the backbone of community excellence throughout Collier County. In closing, I strongly urge you to vote in favor of all measures for the completion of Ankrolab Brewing Company. Ankrolab is set to be a wonderful asset to the Bayshore Community, both artistically and financially. Ankrolab Brewing Company is exactly what the Bayshore Arts District needs at this point in re -development, in order to lay the foundation for a flourishing future. Any other considerations or motions are terribly short- sighted and will certainly result in the detriment of an area of Naples which is already starting to blossom into a beautiful new creation. Please allow the Bayshore Arts District to continue in a positive forward motion with the completion of Ankrolab Brewing Company. Sincerely, Danielle Channell Long-time Neapolitan and Concerned Citizen BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:05 AM To: BosiMichael Subject: FW: support the Ankrolab Brewing Company M cw'k,, 239.252.4446 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. Insead, contact this office by telephone or in writing. From: amandajaron@gmail.com [mailto:amandajaron@gmail.com] On Behalf Of Amanda Jaron Sent: Saturday, October 21, 2017 11:40 PM To: StrainMark <MarkStrain@colliergov.net> Subject: support the Ankrolab Brewing Company Dear Mr Strain, As a property owner in Bayshore and a business owner on Bayshore Dr, I am writing you to ask you to (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we need your support to be able to move the project forward. This business will not only create jobs and tax revenue. it will also be an attraction point for Bayshore, will stimulate future business growth and continue the progress of revitalizing the area and promote local art Please help us move this project forward. This would be a tremendous loss for both Naples and Bayshore to loose this business. We already have support from many neighbors and business owners, but desperately need yours! Respectfully, www.aaron.com https://www.facebook.comZa.*aron.wewelry 239-596-8610 A ARON Studio KM Bayshore'. L';r 1/ 2 rn i 11 e N o, tl IR www.theglitterfoundation.org AGENDA ITEM 3-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9TH, 2017 SUBJECT: ADA-PL20170001829 - BAYSHORE BREW GARDEN SIP- APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the approval of Site Improvement Plan SIP- PL20150002675 for the Bayshore Beer Garden with accessory microbrewery. Per the Collier County Code of Laws and Ordinances, Section 2-87, the Hearing Examiner (HEX) shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use - Neighborhood Commercial zoning district. The section States that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval of the Site Improvement Plan (SIP) by staff. The issues here we whether the approval of the SIP, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use - Neighborhood Commercial zoning district (C-4-BMUD-NC). Should the HEX determine that the Site Improvement Plan approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use -Neighborhood Commercial zoning district, the HEX may overturn the administrative decision to approve the Site Improvement Plan. Should the HEX find none of the above, the HEX shall accept the administrative approval of the Plan. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive (Parcel No. 6184132000001), Naples, FL, 34112 (Aerial provided for on following page) ADA-PL20170001829 Page 1 of CONSIDERATIONS: Backcround On October 2, 2015, the Planning and Zoning Division issued a Zoning Verification Letter (ZVL- PL20150002157, Attachment "A") for the property at 3555 Bayshow Drive, Folio No. 61841320001. Within the ZVL, the following uses were indicated for the property: i) Lounge in which beer, wine and non-alcoholic beverages are to be served; ii) An accessory micro -brewery; iii) Tours of the brewery; iv) Neighborhood gathering place for events such as group parties, trivia nights, bingo, and beer brewing meet ups; v) Bar type table games; vi) Live music performed by small groups of musicians; vii) Food, delivered or carred in, to be consumed on the premises; viii) Sale of pre-packaged food such as nuts and chips; and ix) Sale of tee shirts, caps, and items related to the brewery. The ZVL stated, "Zoning Services Staff is of the opinion that remaining listed uses could be accommodated on a limited basis as being accessory to a but and/or lounge." ADA-PL20170001829 Page 2 of 6 On April 18, 2017, SIP-PL20150002675 was issued an approval letter showing the 6,000 square foot renovation of the building to accommodate a bar/tavern/lounge with accessory microbrewery and associated site work. APPELLANT'S CLAIMS: Appellant states: Within the appeal application, Mr. Lewis states, "On behalf of the Adjacent Owner, we hereby file this appeal pursuant to Section 250-58 based on the following: 1. That "industrial manufacturing of beer and related uses with site work "as described on Exhibit "A " cover letter (attached hereto) as filed by the property owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That "industrial manufacturing of beer " is not a principal, accessory or conditional use that can occur on the Property. INDUSTRIAL MANUFACTURE OF BEER Appellant's Position: Appellant States: Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987 ", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D'), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District (C-4) or the Bayshore Drive Mixed use Overlay District — Neighborhood Commercial Sub -district (`BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial /manufacturing use is fully incompatible with C-4 zoning, even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6, 000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly limit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such, we believe that "industrial manufacturing of beer " is not a principal, accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier Countyfor the same. County's Position: ADA-PL20170001829 Page 3 of 6 i. The BMUD-NC Overlay allows industrial uses The SIP Applicant's initial project description was for the "industrial manufacture of beer," and later changed to a "lounge with microbrewery." The industrial manufacturing of beer, more typically known as a brewery (SIC 2082) is a stand-alone principal use is allowed within the Industrial Zoning District. The use is not specified as aprincipal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district. It should be noted that, per LDC 2.03.07.I.4.b.i, the BMUD-NC zoning district permits, "Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. " Specific uses permitted in the BMUD-NC district are Metal Products Fabrication, Repair Shops and Laboratories; uses allocated to heavy commercial (C-5) and industrial zoning districts. The language in the LDC clearly contradicts the Appellants' claim, "Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever", because industrial uses are allowed in the BMUD-NC Overlay. ii. The BMUD-NC Overlay is intended to be flexible and it expands the uses allowed by the underlying zoning district The BMUD-NC zoning district allows for a full array of Residential uses such as Single and Multi -Family Dwelling units, Live -Work Units and Artist Villages. The BMUD also provides for Hotels, Bed and Breakfast facilities, Office/Services uses, Retail and Restaurants, Entertainment/Recreation, Civic Institutional and Infrastructure. The wide variety of uses illustrates the uniqueness of the BMUD-NC zoning district in that the BMUD-NC overlay expands the allowable permitted uses beyond those uses provided for in the underlying LDC zoning districts of Residential, Commercial and Industrial. Another noteworthy aspect of the BMUD-NC zoning district, is that permitted uses are not specified by Standard Industrial Classification (SIC), but rather use groups, which allows for wider variety of uses than a single narrow SIC number. This approach to land use provides for more flexibility in determining what uses are allowed in the district by evaluating their use characteristics, rather than business characteristics to make that determination. To further illustrate this point, the location of the proposed Beer Garden is an existing engine repair facility: with a multi -family developments to the immediate north and south of the parcel; a restaurant, marine electronics facility and single family residences to the south; and a multi-purpose office complex containing a realtor office, florist and CRA offices to the west. Based upon this arrangement all property owners within the BMUD-NC zoning district could reasonably expect to neighbor anyone of the industrial, commercial or residential use types. iii. A microbrewery is an allowed accessory use to the proposed drinking establishment. Within each zoning district, within the Collier LDC there are permitted uses, conditional uses and accessory uses. The subject SIP allows a microbrewery (production of beer) as an accessory use to the ADA-PL20170001829 Page 4 of 6 proposed drinking establishment, in this instance a beer garden. The accessory microbrewery is directly related to the principal use, as the beer produced within the establishment will be for on-site consumption. It is incidental and subordinate to the principal use on the property. The subordinate relationship is shown in the square footage allocations of the facility. Within the traffic analysis dated July 13, 2016 by Ted Treesh of Transportation Consultants, Inc. for the approved SIP, 3,845 sq. ft. of the 6,000 total sq. ft. is for public use area of the beer garden or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the venues main product of sale, being beer. The trip generation associated with the beer garden and accessory microbrewery as provided by Applicant shows that the drinking area would generate 44 P.M. peak hour trips and the microbrewery would produce 3 P.M. peak hour trips, or six (6) percent of the total P.M. peak hour trips (Attachment "B"). This projected trip split further demonstrates the subordinate role of the microbrewery to the overall operation. It also shows a minimal impact on the roadway. As noted above, the zoning district appropriate for a brewery is the Industrial zoning district. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production and distribution, and demands upon utility infrastructure which is energy intensive. By comparison, the accessory 2,585 square feet of the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site, with little to no external effect upon surrounding land uses. Attachment "C", the architectural plans for the project, have been provided to further establish the external influence of the facility to the surrounding properties. Additionally, the BMUD-NC zoning district provides for manufacturing as a permitted use, in addition to permitted commercial uses, and a facility with a permitted commercial principal use (bar/tavern) and an accessory use/activity (manufacturing) that is also permitted, aligns with the anticipated land use arrangement contemplated by the Zoning District. It should be noted that the Appellant focuses the appeal to inconsistencies related to the C-4 zoning designation, but the determination of consistency for the proposed facility rests within the regulatory flexibility provided for within the BMUD-NC zoning district. Staff contends that the approval of the accessory microbrewery in approved SIP-PL20150002675 (Attachment "D") is consistent with the LDC and GMP. Additionally, staff has provided a list of existing microbreweries and their associated zoning within Attachment "E". It should be noted that the Appellant had requested an Official Interpretation on the subject property and proposed establishment. That Official Interpretation was issued on August 11, 2017. The interpretation requested clarification to the same question posed within this appeal, whether the zoning supported the allowance of a microbrewery as either a permitted, conditional or accessory use. The Official Interpretation is attached as, Attachment "F". It should also be noted that the OI is being appealed by the Appellant, and is a companion item. Correspondence received related to the project has been provided as an attachment to the application. GROWTH MANAGEMENT IMPACT: The areas addressed within the appeal are contained within the LDC, therefore no impact to the Growth Management Plan. ADA-PL20170001829 Page 5 of 6 COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on 10/27/2017. RECOMMENDATION: For the HEX to affirm the administrative approval of SIP-PL20150002675 and impose a condition of approval upon the facility to maintain a minimum of 51 % of all sales for on- site consumption and that the owner of the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. Attachments: A. ZVL-PL20150002157 B. Trip Generation Submittal C. Architectural Plans D. Bayshore Brew Garden -SIP E. Existing microbreweries and zoning designations F. INTP-PL20170001233 Prepared by: -�o- MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION ADA-PL20170001829 Page 6 of 6 A Attachment "ll" Co er County Growth Management Department Zoning Services Section October 2, 2015 Mr. Adam Kelley 3140 La Costa Circle, Aparnaent 304 Naples, Florida 34105 Re: ZLTR-PL20150002157; Zoning Verification Letter for 3555 Bayshore Drive, AKA: Parcel 115.2 in Section 14, Township 50 South, Range 25 Beat, of unincorporated Collier County, Florida. Property ID/Folio Number: 61841320001. Dear Mr. Kelley; This letter is in response to your Zoning Verification Letter Application (ZLTR) dared July 15, 2015, in which you had requested information pertaining to use of the subject property. Accompanying the ZLTR application was the following list of uses: i) lounge in which beer, wine and non-alcoholic beverages are to be served; u) an accessory micro -brewery; iii) tours of the brewery; iv) neighborhood gathering place Por events such as group parties, trivia nights, bingo, and beer brewing meet ups; v) bar type table games; vi) live music performed by small groups of musicians; vii) food, delivered or carried in, to be consumed on the premises; viii) sale of pre-packaged food such as outs and chips; and ix) sale of tee shirts, caps, and items related to the brewery. Whereas the subject property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues, the County herewith provides the following. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 0441 as amended; the LDC implements the gonls, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, shows the subject property has a zoning designation of General Commercial District (C-4) and is further located within the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Subdistrict (BMUD-NC). Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and am of three types (as defined within LDC 1.08.00): • Accessory use or structure: A we or strues'um located on the same lot or parcel and incidental and subordinate to the principal use or stracue, • Conditional Use: A use that, due to special circumstances, U not permissible in a zoning distriC4 but may be appropriate if controlled as to Number, area Location, or relation to the neighborhood. • Principal budding, structure, or use: The main or primary use on a lot or parcel, or the building in which the main orprimary use is housed or curried out. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined Within the "Standard Industrial Classification (SIC) Manual — 1987," as published by the Executive Off" of the President — Office of Management and Budget; portions of this manual aro accessible online via b!gp://www.oshg.gov/pl&/imisfsic manual.huni. Staff has determined that the above 0 Zonlna Dlvlebn . 2800 Nonni Horwrniee Ono . Naples, FL 3/104 . 238-252-2400 . v wlilwgov.nst zfflft Y.44.uo lath, W&P1,20150002157 Page 2 oft described business use(s) is/are most similar to that of a bar or lounge, SIC 5813. Permitted use #48, within the C-4 district, reads: "Eating and drinking establishments (5812 and 5813) excluding battle clubs. All establishments engaged in the retail sale of alcoholic beverages for P"Minise conrmnptton are subject to locational requirements of section 5.05.01." Zoning Services Staff is of the opinion that the remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge. Bars, taverns and nightclubs are listed ae permitted uses within the BMUD-NC as well; LDC Section 2.03.07 I.4.b.iii, Table 1. Please be advised that a brewery (SIC 2082) as a primary use is in fact an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district; therefore, the described business must be operated in such a way that the micro. brewery is accessory to and supportive of a barkavern/lounge and not vise -versa. Additionally, LDC Section 5.05.01 sets firth additional locational restrictions, separation requirements, on businesses serving alcohol (an attached) that have not been yet been verified. Such reviews are typically initiated as part of the Zoning Certificate process that is required prior to the establishment of any business to be operated within Collier County; LDC Section 10.02.06 B. Lf (application attached). Lastly, should there be a change from the existing use of the properly, it is likely that the LDC will require site and/or architectural improvements that will necessitate implementation of the Site Development Plan (SDP) review, process. Please feel free to contact Chris Scott, Planning Manager, with the Development Review Division at (239)252.2460 for additional information. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fdlfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before coumencemmt of the development. The information presented in this verification letter is based on the Collier Comfy LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendments) to either of these documents could effect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0l.A and I0.02.02.17.1 of that Code. The fee for an Official huerpretation is identified in the most recent C DES Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www.mmicode coat / Muaicode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Courts website, www.cellierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Should you requite additional information, plane do not hesitate to call our office at (239)252.2400. Researched end prepared by: (2! �— 7C / Jo n A. Kelly, PfInner Zoning Services Section Reviewed by: not A Rayrr&d Bellows, Zoning Manager Zoning Services Section �j TRANSPORTATION 3 CONSULTANTS, INC. Attachment"A" MEMORANDUM TO: Mr. Blair Foley, P.E. Blair A. Foley, PE LLC FROM: Ted Treesh President DATE: July 13, 2016 RE: Bayshore Brewery — PL20150002675 3555 Bayshore Drive Naples, Florida TR Transportation Consultants, Inc. has completed a traffic analysis for the Site Development Plan application for a brewery to be located on the east side of Bayshore Drive in East Naples, Florida. The subject site is located at 3555 Bayshore Drive, approximately three-quarters of a mile north of its intersection with Thomasson Drive in Collier County, Florida. Figure 1 illustrates the approximate location of the subject site. As currently requested, the brewery will occupy an existing building that is currently approximately 6,000 square feet in size. The site will be utilized with approximately 3,845 square feet of floor area for public use (includes approximately 430 square feet of outdoor sitting area) and 2,585 square feet of floor area for the actual brewing operations. Access to the subject site will be provided to Bayshore Drive via one existing right- in/right-out access at the southern entrance and via one existing right -out only access at the northern exit. No food preparation will be provided within the building. EXISTING CONDITIONS Bayshore Drive is a north/south four -lane divided roadway to the north of Thomasson Drive and to the south of US 41. The Level of Service Standard on Bayshore Drive (link # 7.0) is LOS "D" or 1,800 vehicles. TRIP GENERATION & DISTRIBUTION The Institute of Transportation Engineers Report titled Trip Genemrinn, 9'h Edition, was referenced to estimate the trip generation for the proposed development. Since ITE does �j TRANSPORTATION rS CONSULTANTS, INC. Mr. Blair Foley, P.E. Bayshore Brewery July 13, 2016 Page 2 not contain any use that is similar to the proposed brewery, the building floor area that will be open to public for tasting and consumption of the brewed beers was considered a Drinking Place (Land Use Code 925) and the floor area that will be utilized for the manufacturing of the beer was considered a Light Industrial use (Land Use Code 110). The trip generation equations for Land Use Code 110 and Land Use Code 925 are attached to the end of this document for reference. Table 1 provides a summary of the land uses being applied for as a part of this SDP application. Table 1 Proposed Land Uses Land Use intensity Light Industrial 2,585 square feet (LUC 110) Drinking Place IT r rr- o')c� 3,845 square feet Table 2 provides a summary of the trip generation projections for the development as currently proposed. No A.M and Daily trip generation was completed due to lack of data for Land Use Code 925 in ITE. No discount was taken in the trip generation based on the previous use of the existing building as a small engine repair shop. The use has been closed for approximately one year. Table 2 Trip Generation Bayshore Brewery Land Use Weekda P.M. Peak Hour 1n Out Total Light Industrial (2,585 square feet) 0 3 3 Drinking Place (3,845 square feet) 29 15 44 Net Tris 29 18 1 47 The trips shown in Table 2 were assigned to the surrounding roadway system based upon the anticipated routes that drivers would utilize to approach the site. Access to the site will be provided via the two existing access drives. The southern access along the south property line is limited to right-in/right-out movements only. The northern site access will be limited to existing movements only. The existing roadway network adjacent to the subject site was utilized to assist in determining the distribution of site traffic. Figure 2 illustrates the anticipated distribution of the project traffic. The project trips were then assigned to the surrounding intersections based upon the anticipated distribution of the project traffic. Figure 2 also illustrates the resulting assignment of the project traffic. Mr. Blair Foley, P.E. TRANSPORTATION Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 3 CONCURRENCY/LEVEL OF SERVICE ANALYSIS In order to determine which roadway segments surrounding the site will be significantly impacted, Table 1A, contained in the Appendix, was created. This table indicates which, if any, roadway links will accommodate an amount of project traffic greater than the 2%- 2%-3% Significance Test. Therefore, the net new traffic generated as a result of the proposed development was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the 2015 Collier County Annual Update Inventory Report (AUIR). From Table 1A, no roadway segments are shown to be significantly impacted by the proposed development. In addition to the significant impact criteria, Table IA also includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2015 Collier County Annual Inventory Update Report (AUIR). In order to estimate the projected 2018 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes from the 2015 AUIR were adjusted by the appropriate growth rate. The growth rates calculated for the area roadway links are indicated on Table 3A. These projected volumes were then compared with the 2015 existing plus trip bank volumes from the 2015 AUIR. The more conservative of the two volumes was then utilized as the 2018 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2018 background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the net new traffic associated with the proposed development. Based on the information contained within Table 1A, there will be sufficient capacity on the surrounding roadway network to serve the net new trips generated as a result of the proposed development. Figure 3 illustrates the results of the concurrency analysis. Pursuant to the Collier County Construction Standards Handbook, a right turn lane is required on Bayshore Drive at the southern site access drive. However, due to right-of- way constraints on the property to the south, construction of this lane is not feasible. The developer is seeking a waiver from the turn lane requirement. CONCLUSION The development of the proposed brewery located on the east side of Bayshore Drive in Collier County, Florida will not have a detrimental impact on the surrounding roadway system. Bayshore Drive has a sufficient capacity to accommodate the minimal amount of new trips anticipated to be generated by the proposed facility. 1.11 M2 REL WI NORM 9m Ip IEOM10. a" a 4%f nwmi101e iwo. wom wn.n w:.m uu,r"Y". wl4wew wu w�,. uu��. 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BAYSHORE BREW GAR[ MOM W:. vrorznmx MUND Rar m OR r L mw Our Front �i¢nnnm alLr 'ITT/ 1 C � llk 1p ,m , P i II lti mam n,mm rc mm �r FLUCCSWDE: LEGEND 790�DYWEeC --�_ BOU10.44f +�»« SILT RNQ trcmnox —� GENERAL NOTES SETBACKS (c-. ew0 - xQ PRONDED REQUIRED wa AI r n = r' n( - (xor vnuurvc J n "s r-ou.ave: _ rs«mr.wcvs .w Os.eun.c�i (n•1 .wewrrsuvr ff ms, aP¢ -m s_ v, BEWME = gar- Z., m, w PAmrEm = A., .rar'nro �`aL1°"�¢m "srB.t"`ss aP""¢....TDo� B:oba.. rnsr eac - rsr s uw.wcs: e• . za• sEcr A-A = em cr REOUIRED SETBACKS sEci io-o-rba z, as nnacec _ __ (ca S¢-BAIUa - NCS fir.. ' _ - �i 6 '��`�~^'`'�•~^-/ wrrA u (�' � rtR UetE 4or. n[A5)w.v_ rucOn m«m.Br' xoorrr - aocid <. SE PAFMWG. E PAMMC. PAWIII PAPotM'C SPACES /AE Nl RFMVIS A40 SWL dxt Km.r«"P m m' exae'm 2-- CWE 11. IOZ 3 ­1 Wro55(svzI n¢a ^Bar P[.mmrm gM6'.ro/¢v aZ am _ br5 x bZ 9m0 10 20 40 wua0.caP0<s mus enZwan rsAro ones r« ABr mwuer S.o11rr « alABrm rmB m 40 -=rm c O rv0 OIHFR IWI A vw1 kY m'.u[ A! 1xE sw earsxm aF ixr sOE ) SCAL® as �1- eaam s. rp w.11ER NVaCE11EMf Sn'IEY K oPER1110111L aV OMS PIpXRlY aer ma (h -ea c (aq1 .[rrm'r«¢riFEt aa¢ �uu..u.sea «r.aw rs®.wP/«mvm Aro PUD MULTI-FAMILY B¢ o" auw m.ry \ rbrzInc aoslu PA9ZM'O srArmwos: REOIiME11EN15 I'OR RFSTAL'RrW15 M1V /vim Q ,0008 GYE SU@IC Stan BE � -•����� IQ I sy*W s5wTWr� _ _ _ _ mrc AOgau M rwemM Sr.0 m � mar ` EXFIIPr fitOY PAPI(M•O MaUE9EY005 h l t9 I J "1Arr6 xORm e0�.'ma' Q __ _ IArosa«B ..mav PARKING REOUREMEN ,ro�Q I Baa^ewserruttrowaae,raEcoxcRere 1 N�Iomnvx .tiP.u� .ms urac9 xa aewv mr m As ¢a'c ENDING SPKES = 1/r rrw aael �� "cress wove e� �� �auAD audBG A�.�. PA NNG CRAOWG ANO DRAINAGE NOTES` - I/r50 s w r/A SFArs (rm C _ 4WFKi.. r/Sm s (ZR0 R / 500) / Sq` e,® vote wm) m rrA roµ JI SPMA' ISO. t r nSArr..m.w, s5rw .5 m¢wID Br rK O+«EfA « n4Y �nrLM'AP ��� _ _ P" � � t t r.r a.SBP AmB O[wwb «.0 BE .B Suver « rK Srt % - r/r BEYS�aa •PKC ) a x�r a.16 rm .tri rr arm zvc M r •. . ar SCHF.xS Ave ¢¢Bw Famw mvr0.Y rwq.Hs wNt BE once¢ m miAL PARNPG PMTKYD = 35 SPADES Q B8t emr rb �sAr.s'RExs �arsrum.Amv rtse'25aM «rMm uo/«�¢srtrrE¢.sas Q .r0 BAxa6[¢ mau OZrsraucm... 9aE PAWwa (IOC a05.08� Y. - . T ,- .n/ «u.x"muux x rLL n9a'rwr « M(E SPACES FFON0E0 J) - - - - aRera:s evrezB 15 B m2.0 BUA: atwERB nCBS SaYt Br r • . A. cmrw mxrr grrmRaer. Bw 3PRT"0 ". �' Ittv Iwrrs /Sa.F¢rm Am'.rrw u.wew � 9 l - r¢ nA- r¢u¢«.e root ecru sOa'srerrs.rn.e«.0 am rrtrs: aur00rn sumie 5 NJIY HaPrpx AAu ® :: .i e m caxtt tt ammtP. mrzcaBv .....a /mwxx urs rB _ I ... .. AAr. m rP.ae vmM .A.«a Mus worzolmEx ro ARRN'aE coxrrtur xrm soEro AP.ua vaRa1P6 1 _ � Pa«~ia-� .,es m srs m.m x"�ttErs PMN uP xrnl Ano aur Co11rAWFRS. rrdsE urwrr NOres er Pur our aEwub PMA( uP ars Axo sroam Swe a x BrSgrE Al aLL OIN£A cuss. PROP05ED - b Q mr u?�r_? r�iv BREW GARDEN /'�B� nANrse ibp00 SF (EXIST. BLDG) I .ro .zaw a m a om.n rrwnre¢ Br x� moves � �5 6 5.�"Or'°" "fro 51� PROP. E.F. = b.o NAw s. criY�AEI`2H2 I .+.,oaE w,er w. BR.as.�«rtrB«a ate, � bRnre n o g n v e• RSP .aBmP�.Pe.e,¢ ���..�ti.ryIIII✓Q P .Br � v;rC� �"'�e� 1 v+oscutl � _ - I 4 �„ 65UK ZER Ael +. SioP 51611 � P�ati,� A�a 6 \I GRANA -'--EE MULTIFAMILY B.,maePe SEGTIONGG cs rrPE •c• ceV I > 1) > �© t. b' - .4 aau� Ousw ua Orva�lr«w�)marwm¢uresrmmx. � � � L1-Sl - i ���i'a°� Aar 1 � � bl f rr YM �T P 3A Ty A e srmPi D LEGEND �� � ` a I c°f°B'1OF ■ DRAINAGE STRUCTURE war . Bd nova O aeA<B aeAre T runt • BO' xnv I SEGTIONBA-A SECTION O-O I rH eaeo.Rr DRAINAGE PIPE ,•J4^' G-4 - BMUD-NG RMF-6-BMUD-NG I:RMF-6-BMUD-Nd ® PROPOSED ASPHALT IQ i-.. III I EXIST. AS ALT Q' PERVIOUS PAVERS DRY DETENTION O EXIST. GRADE Es t � �J PROPOSED GRADE wSAa Ba ve"cs r --RetT .o-6Fl+ _ RE Rat rESr 16 - - IAA3 6Pn SECTION B-B SECTION E-E ��������✓ Blair A. Foley P.E. LLC Baysh—Br Ga den � , w ' ' Ba shore Brew Garden w, _ s Civil Engineer / Development Consultant Y Site Improvement Plano =,oO .. _... °fO® a"r ' avemPvara.umianrranems e.P 120EdganmeWaySOmh-Neples-FI. 34105 3555BayshoreDr. a , a uc ,'P uw �� „� n Ph0ve (239) 2G3-1222 Cell (239) 289-4900 Fez (239) 263-0072 E-mail fo1S000(jml.com Collier County, Florida #A I n ttPE 'a' TYPE E ttPE 0 y~�^�PDYCRETE p/R8 �rY�� [ji ras) r rErty rtmw[ n ��—�w•`L (uva n marc asW Typical Meter Setting Detail �Y CAST /RON GRATES �rJE STEEL GRATES m«reslwre mml i } L TYPIGAL PARALLEL PARKING DETAILS 1 a rxrx rcwe.e 5¢9.Me i ..,, mrcu sru ww�aae 4 4 TYPICALROW GONGRETE SIOEALK DETAIL PERVIOUS/P Civil Engineer / Development Consulhln[ 120 Edgemere Way SaM -Naples, 11, 1401 263-1222 Ccll (239) 2894900 Fax (239) 263-09'!2 E-mail — Bayshore Brew Garden 1we 232 TYPICAL CONCRETE DRIVE SECTION :� rc TYPICAL ASPHALT PAVEYEN6D Garden nEHD aa1E P� / R PLV UnLl1111 x SM-Dr-war u1E wiE w� AT II_ nlixi� I I 'an-varFo anus (Y uI�15E MP p 1w. 16' C cavcnEn: (2) j4 a- wD (.) µ av�Ea SEwEa atwcN as 6 Su+rt u)Ew1 ELEVATION ulxiuuu s�ovE SEWER CLEAN-OUT DETAIL NON PAVED AREAS WW -12 NS EwEa EN,- - �: F)n� .uom PE D Pa�EUEx° aPnE.ns Tmr1En a spa 31a Dn1,sNEDoa a«x u u . Al a rax n SEnrn 9wHCw a5 6NSW v ELEVATION —E SEWER CLEAN-OUT DETAIL PAVED AREAS ww-11 NTS wtw.'m. .smi Detail Sheet Microbreweries in Collier County Microbrewery/Address Bone Hook Brewery — 1514 Immokalee Road # 106 Riptide Brewing Company — 987 3`d Ave Marco Island Brewery — 1089 N. Collier Blvd. Oil Well Brewery — 5334 Ave Maria Blvd. #500 Naples Beach Brewery — 4120 Enterprise Ave. Zoning Creekside PUD Business District Downtown District — mixed use (City of Naples) Commercial — 4 (City of Marco Island) Town Center — mixed use Industrial 1, L " Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code (ITK.), public notice is hereby given of an official interpretation. RE: INTP-2017-PL-1233, OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMINE WHETHER THE "INDUSTRIAL MANUFACTURING OF BEER IS A PRINCIPAL, ACCESSORY OR CONDITIONAL USE THAT CAN OCCUR WITHIN THE COMERCIAL-4 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT NEIGHBORHOOD COMMERCIAL ZONING DISTRICT (C4MAD NC) The Collier County Zoning Director has been requested to render an official interpretation for the Commercial-4Bayshore Mixed Use Overlay Neighborhood Commercial zoning district of the Land Development Code and if the industrial manufacturing of beer is allowed as a permitted, accessory or conditional use. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types (as defined within IAC 1.08.00): Accessory use or structure. A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Conditional use. A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. Principal building, structure, or use. The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. Within the request for the Official Interpretation, you raise two points: 1. "That industrial manufacturing of beer and related uses with site workas described on the Exhibit "A" cover letter as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property";and 2. "That "industrial manufacturing of beer" is not a principal, accessory; or conditional use that can occur on the Property." Essentially both questions are asking the same, "is industrial manufacturing of beer", allowed within the Commercial-4/13ayshore Mixed Use Overlay Neighborhood Commercial zoning district. The first point is directly related to a 2015 Site Improvement Plan (PL20150002675), associated with property at 3555 and 3557 Bayshore Road, which read, "The above referenced project consists of a 6, 000 SF building renovation for industrial manufacturing of beer and related uses, with site work." This project description was submitted within the 2015 SIP submittal. Subsequently the project description associated with the SIP was revised to read, "The above referenced project consists of a 6, 000 square foot building for a lounge with microbrewery, with site work." Regardless of the revised narrative associated with the SIP, your Official Interpretation focuses on the question, "is industrial manufacturing of beer allowed on the property and within the C4/BMUD-NC zoning district? " The industrial manufacturing of beer, more typically known as a brewery (SIC 2082) as a principal use is in fact an industrial use that is not allowable as aprincipal or conditional use within eitherthe underlying C-4 zoning district or the BMUD- NC overlay district. As noted earlier within this official interpretation, within each zoning district there are permitted uses, conditional uses and accessory uses. The allowance of a microbrewery (on-site brewing of beer) associated with a proposed drinking establishment or in this instance beer garden, is an accessory use that is directly related to the principal use. The beer produced within the establishment will be for on-site consumption and incidental and subordinate to the primary use on the property. The subordinate relationship is reflected in the square footage allocations of the facility. Within the approved SIP (PL20150002675), 3,845 sq. ft. of the 6,000 total sq. ft. is proposed drinking establishment/drinking area or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). As noted within this official interpretation, the zoning district appropriate for a brewery is Industrial Zoning. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production capacities, demands upon utility infrastructure and distribution capability. A traffic analysis dated July 13, 2016 was completed by TR Transportation Consultants, Inc. Review of the trip generation associated with the beer garden and accessory microbrewery stated that the drinking area would generate 44 P.M. peak hour trips and the microbrewery would produce 3 P.M. peak hour trips, or six (6) percent of the total P.M. peak hour trips. The projected trip split further suggests that the microbrewery is subordinate to the overall operation. Additionally, the 2,585 square feet of the facility dedicated to the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site, with little to no external effect upon surrounding land uses. Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015, prior to the SIP submittal, to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan, and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive, Naples, FL 34104. Please contact the staff member below at (239) 252-6819 to set up an appointment if you wish to review the file. Mike Bosi, AICP, Director, Planning and Zoning Department COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CK # �- � Co r County MAY 119 2017 2800 NORTH HORSESHMfiY1 " NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 PROJECT NUMBER PROJECT NAME Tn he , o,.plerrd by nuf( DATE PROCESSED PL ( -j 1829 APPLICANT INFORMATION NAME OF OWNER 3570 Bayshore Drive, LLC ADDRESS FO Box 783 CITY Cranford STATE iu ZIP 07016 TELEPHONE# E-MAIL ADDRESS CELL # FAX # NAME OF AGENT/APPLICANT Douglas A. Lewis FIRM Thompson Lewis Law Firm, PLLC ADDRESS 850 Park Shore Drive, S,,01- les STATE Florid;IP 34103 TELEPHONE # 239-316-3004 CELL # 239-272-2372 FAX If 239-307-4839 E-MAIL ADDRESS Doug@Tllfirm.o REQUEST DETAIL Appeal of Application No. PL -20150002675 (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of S1,000.00 made payable to the Board of County Commissioners. May 17, 2017 VIA HAND DELIVERY Growth Management Division / Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 74512'"Aw\m.Sou H $p111 I() I N AFI In, FL 34102 239.316.30060FFICE 239.307.4839 FACsimILE Inn y; 11 LEJadLC911 Re: Appeal of Staff Approval of the Site Improvement Application; 3555 & 35557 Bayshore Drive & Parcel #: 618413200001 (the "Property"); Bayshore Brew Garden — PL20150002675 ("Site Improvement Plan") Ank Crafts LLC ('Property Owner') To Whom It May Concern: We represent 3570 Bayshore Drive, LLC (the "Adjacent Owner'), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub -district ("BMUD- NC") directly across the street from the Property, which is currently owned by the Property Owner and has an approved Site Improvement Plan, which approval was issued on April 18, 2017, "for industrial manufacturing of beer and related uses with site work." We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this appeal. On behalf of the Adjacent Owner, we hereby file this appeal pursuant to Section 250-58 based on the following: I . That "industrial manufacturing of beer and related uses with site work" as described on the Exhibit "A" cover letter (attached hereto) as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. ww w.tllli m.cnm Growth Management Division / Planning and Regulation ATTN: Business Center May 17, 2017 Page 2 By way of background. the Property has a zoning designation of General Commercial District (C4) and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub -district ("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map (attached hereto as Exhibit "C"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references. that are defined within the "Standard Industrial Classification (SIC) Manual — 1987 in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D"). and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District (C4) or the Bayshore Drive Mixed use Overlay District — Neighborhood Commercial Sub -district ("BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial / manufacturing use is fully incompatible with C-4 zoning, even as an accessory and incidental use to any other permitted C-4 use. In fact. the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly limit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such, we believe that "industrial manufacturing of beer" is not a principal. accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we are also submitting formal objections to the staff related to the Site Improvement Plan Application and comments not included by staff in prior reviews of the Site Improvement Plan Application. If you have any questions regarding this mater, please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dja cc: Mr. James Turri .$lair A. Foley, P.E. Civil Engs = / Development Consultant July 21, 2016 Mr. Renald Paul Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Bayshore Brew Garden +/- 6000 SF existing building renovation with site infrastructure Site Improvement PIan (SIP) Submittal — PL20150002675. Folio 6184320001 3555 Bayshore Dr., Naples, FL Dear Mr. Paul: The above referenced proiect consists of a 6000 SF bld. renovation for industrial manufacturing of beer and related uses. with site work. The project is located on a +/- 1.05 ac: site on Bayshore Dr. Please find the attached data to process this SIP: I . Review Check and fee worksheet. 2. 6 SIP sets, signed and sealed. 3. 1 SIP applications. 4.- 1 Cover Letters. 5. 6 LandscapeJin igation pians. 6. 6 Aerial photographs in SDP set. 7. 6 Floor plans, elevations, rendering w/ architect's color representations. 8. 6 Boundary surveys, including one signed and sealed. 9. 1 Warranty Deeds. 10. Irrigation and water meter sizing form, not required as it is City of Naples water. 11. 2 Sealed cost estimates for utility and paving, grading and drainage. 12. Property Ownership/Agent Authorization. D. 1 Engineer's Report, signed and sealed. I4. TIS attached, on the CD. I5. CD's of plans in pdf and dwg, and other project data. 16. 1 Engineering, and Utility checklists. 17. 2 COA applications. 18. Fire Variance for driveway width. Thank you for processing this request. Please call if you have any questions. Sin ely, Blai*rA.ley, PE Presiden Blair A Foley, P.E. - • 120 Edp mm Way South • Naples, Florida 34103 239.263.1222 • Fax 239.263.0472 • Cellular 239.289.4900 • email- foi9000@aobcom Exhibit "A" Zoning Map of l http:/icoll iercountyomd.maps.arcgis.comiapps/webappviewerfindex ... 7nninn Man with Wea ApaBu !cer ArcG!S o- -81.77? 26.122 Degrees Exhibit "B" Page 1 of 2 1/25/17,5:18 P 2of5 SIC Code 2082 Malt Beverages . Classification / . Manufacturing ! . Food and Kindred ... / . Beverases / . Malt Beverages Industry Manufacturing Description Establishments primarily engaged in manufacturing malt beverages. Cross References Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. Illustrative Examples .Ale .Beer (alcoholic beverage) .Breweries . B rewers'grai n -Liquors, malt .Malt extract, Iiquors, and syrups .Near beer .Porter (alcoholic beverage) .Stout (alcoholic beverage) Ale Beer (alcoholic beverage) Breweries Brewers' grain Liquors, malt Malt extract, liquors, and syrups Near beer Porter (alcoholic beverage) Ston: (alcoholic beverage) Sample Business Listings Exhibit "C" 3/24/17,5:07 1 BosiMichael From: Henry Holzkamper <cookingjan@aol.com> Sent: Monday, August 14, 2017 8:49 AM To: BosiMichael Subject: Beer Garden Henry & Jan Holzkamper 12795 Hunters Ridge Drive Bonita Springs, FL 34135 239-777-4777 cookingian(a-)aol.com 8-14-17 Mike Bosi Planning and Zoning Re: Bayshore Beer Garden I own 30 low cost rental apartments within a few blocks of the proposed project. Beer gardens are not taverns or pubs, but tend to be a place for families and children. They are the poor mans country club. Wholesome with a stake in the neighborhood. Please allow. The Holzkampers BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab brewing company M cwk, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Rebecca Beck [mailto:rbeck1229@gmail.com] Sent: Saturday, October 21, 2017 11:43 AM To: StrainMark <MarkStrain@colliergov.net> Subject: Fwd: Ancrolab brewing company Mr. Strain, I am forwarding my email below to the honorable Commissioners, as it is my understanding you are reviewing the petition. I am not fully educated about why the project is being protested, but wanted to forward my words of support for it to move forward. Thank you! Rebecca Beck Begin forwarded message: From: Rebecca Beck <rbeck1229@gmail.com> Date: October 18, 2017 at 7:04:37 AM EDT To: pennytaylor@colliergov.net, donnafiala@colliergov.net, andysoli@colliergov.net, billmcdaniel@colliergov.net, burtsaunders@colliergov.net Subject: Ancrolab brewing company Dear 1 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:07 AM To: BosiMichael Subject: FW: Ancrolab Brewing Company Mark 239.252.4446 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. -----Original Message ----- From: nancy maddox [mailto:nanmaddox55@gmail.com] Sent: Sunday, October 22, 2017 9:50 AM To: TaylorPenny <PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; andysoli@colliergov.net; McDanielBill <BilIMcDaniel@colliergov.net>; SaundersBurt <BurtSaunders@colliergov.net>; StrainMark <MarkStrain@colliergov.net> Cc: Rebecca Maddox <rebecca@three60market.com> Subject: Ancrolab Brewing Company Dear Honorable Commissioners, As property/ business owners on Bayshore Dr., we are writing to ask you to support the Ancrolab Brewing Company to be located at 3555 Bayshore Dr. As you know, this property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The SDP has been submitted and approved. Unfortunately the project has been repeatedly delayed which has been emotionally and financially draining on the Kelleys. We hope they will not abandon the project because of this. Therefore we need your support to move this project forward. This project will not only create jobs and be an attraction for Naples, it will also help solidify the growing local community, promote local art, and help in the continuing revitalization of the area. As a business owner here, we know how important bringing other new businesses into the area is if the area is to continue on its path of regentrification. Please help us move this project forward; not to would be a tremendous loss for Bayshore. Business owners and property owners alike are counting on your support as we all know what a great addition this will be to the area. Respectfully, Rebecca and Nancy Maddox Sent from my iPhone BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab M cwki 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Jeanne Jones [mailto:jdcostigan@hotmail.com] Sent: Saturday, October 21, 2017 12:56 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ancrolab Dear Mr. Strain, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. I hope the owner will not be forced to abandon the project and therefore needs your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help move this project forward. This would be a tremendous loss for the area. There is support from many neighbors and business owners in the area. Respectfully, Jeanne Jones 81 Seagate Dr, #603 Naples, FL 34103 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples M cwk, 23 9.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Lane Wilkinson [mailto:wlwphotography@gmail.com] Sent: Sunday, October 22, 2017 9:46 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Dear Mark Strain, I am writing you to ask you to support the Ankrolab Brewering company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Wilkinson Photography 239.822.8704 wlwphotography.com BosiMichael From: Strain Mark Sent: Wednesday, October 25, 2017 12:05 PM To: BosiMichael Subject: FW: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza M cwk, 239.252.44/46 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Stephan Nedwetzky [mailto:snedwetzky@yahoo.com] Sent: Wednesday, October 25, 2017 11:56 AM To: StrainMark <MarkStrain@colliergov.net> Subject: Fwd: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Begin forwarded message: From: Stephan Nedwetzky <snedwetzky(cDVahoo.com> Subject: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Date: October 25, 2017 at 10:51:39 AM CDT To: pennytaylor(c col Iiergov.net Cc: "snedwetzky(a)_yahoo.com" <snedwetzky(a)yahoo.com> Ankrolab Brewing Company project, 3555 Bayshore Drive Naples, Florida 34112 Dear Honorable Commissioners, I am Stephan T. Nedwetzky the owner and operator of Pit Commander Barbecue and Texapolitan Pizza (www.pitcommanderbbq.com) in Garland, Texas just bordering Dallas, Texas. Please feel free to go on my FACEBOOK page to read all 4 articles written by Fort Myers NEWS PRESS and NAPLES HERALD. htto://www.news-Dress.com/story/life/food/2016/12/13/oit-commander-bba-fort-mvers-food-truck- barbecue-beef-ribs-brisket-texas-style-restauarant-millennial-brewing-co-brewery/95212380/ https://southwestfloridaforks.blogspot.com/2017/02/a-tale-of-three-naples-barbecues.html?m=1 http://napies herald. com/2017/02/09/pit-commander-barbecue-true-texas-roots-swfl/ h_ttp://www.news-press.com/story/life/food/jean-le-boeuf/2017/01/17/iIb-picks-27-restaurant-2017-hidden- gems- best-food-where-to-eat-critic-review-fort-myers-ca pe -coral -bon ita-springs-lehigh-north/96657876/ I was in Naples last season from November through April selling my Central Texas Barbecue when Mr. Adam Kelly (ANKROLAB Brewing Co.) and his fiance came out to one of my barbecue cooks at MILLENIAL BREWING COMPANY in Fort Myers, Florida. Every Saturday we crushed all local business with my central Texas Barbecue! I made so much noise in the Fort Myers community that THE NEWS PRESS came out and did a full story on me! So did Naples! I would have done more in Naples but you only have "ONE" Brewery and they already have food served by Porkers BBQ. We talked at great lengths about his vision of an outstanding local craft beer brewery complimented with my Central Texas Barbecue and Texapolitan wood fired pizzas in your beautiful Naples, Florida! I want to make this next point very clear! I'm a TEXAN!!!! I Love my great state of Texas and never once considered moving anywhere else till I came to Naples, Florida and met; Adam Kelly and his fiance Anastasiya Prozorova Owner of ANKROLAB Brewing Co. 3555 Bayshore drive Naples, Florida 34112 Local business owners Chef- Chris J. JONES owner of PORKERS BBQ and PORKERS PIZZA. They serve out of a food truck at NAPLES BEACH BREWERY 4120 Enterprise ave suite 115-117 Naples, Florida 34104 which again is an amazing owner Will Lawson- Founder/ Director of Brewery operations. Owners Georg, Heike, Tina and Stefan of PEPPERS DELI & BUTCHER SHOP at 4165 corporate square Naples, Florida 34104. These are just a few of the amazing people I met and in 5 short months while working here and when it was time for me to come home to Texas I found myself in unfamiliar waters. I didn't want to go! I still think about Naples, Florida and all the great people that came out to my barbecues. I talked with many locals about how bad the barbecue dessert is in your area and had more pleas to stay in Naples than anywhere I have been. It was truly flattering!!! As a father and business man I want to do what's best for my family and business. We are considering moving to Naples, Florida PERMANENTLY and create new jobs in Naples, Florida. This is where we need your help. Please consider moving forward on the ANKROLAB Brewing Company Project at 3555 Bayshore Drive Naples, Florida. It would be hard for me and my family to move to Naples, Florida without a firm foundation in place which is ANKROLAB BREWING COMPANY! I know between ANKROLAB BREWING CO. and Pit Commander Barbecue and TEXAPOLITAN wood fired Pizza we together can make this area a destination point! We are job creators and this could be the start of rebuilding an area in desperate need of it! Just look at my home town of PLANO, TEXAS! Our downtown area was like the area where the brewery is going and they built it up so beautifully that all the rift rafts are gone and it is a desirable destination point now where before we would not go to eat or drink with family and friends! I am writing you to ask you to support the Ancrolab Brewring company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. 2 This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Pit Commander Barbecue and Texapolitan Pizza www.pitcommanderbbg.com Stephan T. Nedwetzky 972-400-0234 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples MCL4,k, 239.252.4446 Under Florida Law. e-mail addresses are public records. If you do riot want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Laetitia Dawson [mailto:tishdawson@gmail.com] Sent: Sunday, October 22, 2017 3:17 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples Dear Chief Hearing Examiner Strain, As a property owner in the Bayshore area on Coco Avenue, I am writing you to ask you to support the Ankrolab Brewing Company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you may know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will contribute to the local community, promote local art and revitalize the area. My family relocated to Naples from California a little over a year ago. After viewing many properties and neighborhoods, we decided to purchase our home in Bayshore because of the exciting renovations and convenient location. Please help us move this project forward to continue to make Bayshore better. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Laetitia Dawson BosiMichael From: StrainMark Sent: Tuesday, October 24, 2017 7:18 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples M ark, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Donna Leahy [ma ilto:dmlea hy6l@gmail.comj Sent: Monday, October 23, 2017 6:50 PM To: SolisAndy <AndySolis@colliergov.net> Cc: TaylorPenny <PennyTaylor@colliergov.net>; McDanielBill <BillMcDanieI@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; Fiala Donna <DonnaFiala @colliergov.net> Subject: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples October 23, 2017 We are writing you to ask you to support the Ankrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. Without the addition of breweries and other attractions that are appealing to a younger demographic, Bayshore is destined to remain an underdeveloped area seen simply as a place to put low cost housing away from the sightlines of wealthier county residents. It is already so difficult and costly for any business to be proposed in Collier County and the additional restrictions on the timely development of Bayshore have been an unnecessary burden to a community looking to improve the area.The Ankrolab principles have both the interest and financial basis to see this project to completion. Please give them the support they need to move this project forward. Naples and Bayshore in particular need your support to create the energy needed to attract younger people to live in and take part in the revitalization of the area. Allowing this brewery to move forward is one important step in that process. Respectfully, Dr. and Mrs. Robert Leahy Naples FL BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 9:23 AM To: BosiMichael Subject: FW: Bayshore Microbrewery Mcwkl 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Dan Maruszcak[mailto:naplescaptain@yahoo.comj Sent: Thursday, October 26, 2017 9:05 AM To: StrainMark <MarkStrain@colliergov.net> Subject: Bayshore Microbrewery Dear Honorable Commissioner, As a local business owner near Bayshore Drive, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Captain Dan Maruszczak Mariner Services, Inc. 1 BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 4:25 PM To: BosiMichael Subject: FW: Brewhouse M cwk, 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead; contact this office by telephone or in writing. From: Chris Boland[mailto:napleskayakchris@gmail.comj Sent: Thursday, October 26, 2017 4:08 PM To: TaylorPenny <PennyTaylor@colliergov.net>; Strain Mark <MarkStrain@colliergov.net> Subject: Brewhouse Hi Mark and Penny, We would love to see the brewhouse happen. It would be a huge boost to the area. We are very happy to be a part of the district. Thankyou Chris Naples Outfitters on Shadowlawn