Agenda 10/26/2010 Item # 6AAugust 30, 2010
Mr. Richard D. Yovanovich
Coleman, Yovanovich and Koester, P.A.
Attorneys at Law
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples FL 34103
Re: Public Petition Request E's Country Store at Oil Well Road and Immokalee Road
Dear Mr. Yovanovich,
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 14, 2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. If the
subject matter is currently under litigation or is an on -going Code Enforcement case, the Board
will hear the item but will not discuss the item after it has been presented. Therefore, your
petition to the Board should be to advise them of your concern and the need for action by the
Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F ") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
r
Mike Sheffield
Assistant to the County Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Norman Feder, Division Administrator, Growth Management
Nick Casalanguida, Division Deputy Administrator, Growth Management
Agenda Item No. 6A
October 26, 2010
brock m Page 2 of 6
From:
ochs_I
,ent:
Monday, August 30, 2010 12:20 PM
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Subject:
F W: E's Country Store /Oil Well Road
Attachments:
image. pdf
Importance: High
FYI
- - - -- Original Message---- -
From: ochs_1
Sent: Monday, August 30, 2010 12:19 PM
To: SheffieldMichael; Feder _N; CasalanguidaNick
Subject: FW: E's Country Store /Oil Well Road
Importance: High
Gentlemen,
The enclosed letter requests a public petition on 9/14 regarding the referenced subject.
Please be prepared to address at that time. thanks
- - - -- Original Message---- -
From: Dianna Shust [mailto:dshust @cyklawfirm.com]
Sent: Monday, August 30, 2010 12:05 PM
To: ochs_1
Cc: Norman Trebilcock; burtatlasfl @aol.com
ubject: E's Country Store /Oil Well Road
Attached is the E's Country Store /Oil Well Road letter. Thank you.
Dianna Quintanilla
Assistant for Richard Yovanovich
COLEMAN, YOVANOVICH & KOESTER, P.A.
4001 Tamiami Trail North #300
Naples, Florida 34103
239 - 435 -3535 x 250
239 - 435 -1218 Fax
- - - -- Original Message---- -
From: copier @gcjlaw.com [mailto:copier@gcjlaw.com]
Sent: Monday, August 30, 2010 11:42 AM
To: Dianna Shust
Subject: IMAGE from Internet FAX
An image data in PDF format has been attached to this email.
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
,ntity. Instead, contact this office by telephone or in writing.
1
August 30, 2010
Leo Ochs, County Manager
Collier County
3301 E. Tarns mi Trail
Harmon Trust Bldg. 2 °d Floor
Naples, Florida 34112 Via email leoochs�a collier og v net
RE: E's Country Store at Oil Well Road and Immokalee Road
Dear Mr. Ochs,
Our firm represents E's Country Store located at the southeast comer of the intersection
of Oil Well Road and Immokalee Road. E's Country Store has been in existence at this
location since 1990 and has been providing food and gas services to the residents in
this area for that period of time. E's Country Store has been very involved in the
community and has supported the community in many charitable endeavors. The
County recently approved the design for the construction of Oil Well Road. In addition
the construction contract has been approved and construction has begun on Oil Well
Road. The new design eliminates the connection of Valencia Drive to Oil Well Road. In
addition the new design prevents westbound traffic on Oil Well Road from having
access to E's Country Store. The new design severely impacts the survivability of E's
Country Store.
The owners of E's Country Store have been very involved with the County in the
proposed design of Oil Well Road. The original design for Oil Well Road that was being
considered in 2006 required easements from E's Country Store. The owners of E's
Country Store expressed their concern regarding access and attempted to work with the
County to assure that the access provided to E's Country Store at that time would
remain. A draft agreement was prepared and delivered to the County in April 2006.
The County did not respond to the draft sent to it.
Apparently, the County redesigned Oil Well Road so it would no longer have to
negotiate with the owners of E's Country Store. Our clients attended one of the
County's information meetings regarding the design of Oil Well Road. At that meeting,
Agenda Item No. 6A
October 26, 2010
Page 3 of 6
COLEMAN,
YOVANOVICH & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G. Coleman
NORTHERN TRUST BANK BUILDING
Linda C. Brinkman
Craig D. Grider
Richard D. Yovanovich
4001 Tamiami Trail North
Suite 300
Matthew M. Jackson
Edmond E. Koester
Naples, FL 34103
Alex R. Figares
William M. Burke
239-435 -3535
Jeffrey J.
Gregory L. Urbancic
Matthew L. Grabinski
239435 -1218 Facsimile
M. Rich
Todd M. Rich
Of Co
ICenneth R. Johnson
Writer's Email:
ryovanovich@cyklawfirm.com
August 30, 2010
Leo Ochs, County Manager
Collier County
3301 E. Tarns mi Trail
Harmon Trust Bldg. 2 °d Floor
Naples, Florida 34112 Via email leoochs�a collier og v net
RE: E's Country Store at Oil Well Road and Immokalee Road
Dear Mr. Ochs,
Our firm represents E's Country Store located at the southeast comer of the intersection
of Oil Well Road and Immokalee Road. E's Country Store has been in existence at this
location since 1990 and has been providing food and gas services to the residents in
this area for that period of time. E's Country Store has been very involved in the
community and has supported the community in many charitable endeavors. The
County recently approved the design for the construction of Oil Well Road. In addition
the construction contract has been approved and construction has begun on Oil Well
Road. The new design eliminates the connection of Valencia Drive to Oil Well Road. In
addition the new design prevents westbound traffic on Oil Well Road from having
access to E's Country Store. The new design severely impacts the survivability of E's
Country Store.
The owners of E's Country Store have been very involved with the County in the
proposed design of Oil Well Road. The original design for Oil Well Road that was being
considered in 2006 required easements from E's Country Store. The owners of E's
Country Store expressed their concern regarding access and attempted to work with the
County to assure that the access provided to E's Country Store at that time would
remain. A draft agreement was prepared and delivered to the County in April 2006.
The County did not respond to the draft sent to it.
Apparently, the County redesigned Oil Well Road so it would no longer have to
negotiate with the owners of E's Country Store. Our clients attended one of the
County's information meetings regarding the design of Oil Well Road. At that meeting,
August 18, 2010
2
Agenda Item No. 6A
October 26, 2010
Page 4 of 6
the connection of Valencia Drive to Oil Well Road remained in place. Our clients spoke
to a representative of the County and asked if they should get involved in the design
process at this time. The County Representatives assured them that it was premature
of E's Country Store to get involved in the design.
Without any notice to the owners of E's County Store the Valencia Drive connection to
Oil Well Road was severed. We understand that the connection of Valencia Drive to Oil
Well Road was severed at the request of residents of Orange Tree. The residents were
concerned about traffic using their internal roads to avoid the Oil Well Road /Immokalee
Road Intersection. Our clients understand these concerns.
The design of Oil Well Road includes a eastbound left turn lane for the residents of
Waterways at what would have been the intersection of Valencia Drive and Oil Well
Road. It appears that County Staff considered the impact of Oil Well Road on most
affected property owners but ignored the impact on E's County Store.
In an attempt to save its business, our clients have retained a traffic engineer to design
a solution that addresses all concerns. We have proposed a solution that would allow
access from Oil Well to what would be the approved shopping center in Orange Tree
and still prevent Valencia Drive from connecting to Oil Well Road. The proposed
connection has been discussed with residents of Orange Tree and the residents support
the proposed connection. We began discussing the proposed connection to Oil Well
Road with County staff. County Staff required us to meet with the residents of Orange
Tree to get their support. We have done so. We were also required to hold a public
meeting. The public meeting occurred on August 19, 2010. We believe we have
designed a solution that serves everyone's needs and results in better access for the
public and addresses Staffs concerns. A copy of the proposed plan is attached. Staff
insists that our clients pay for all expenses related to the connection to Oil Well Road
and close its current access to Oil Well Road. However, the residents of Waterways
were not charged for their access. We believe the County's request that E's Country
Store reconnect Valencia Drive to Oil Well Road and shoulder the entire burden of the
connection to Oil Well Road is unreasonable and will be cost prohibitive and jeopardize
the existence of E's Country Store.
During the recent Comprehensive Plan Amendment discussion for Randall Boulevard
an existing business owner raised concerns regarding access to his site. The County
Commission seemed genuinely concerned that a County project could potentially put
the business owner in jeopardy. During the discussion of the Randall Boulevard
Comprehensive Plan Amendment the County Staff stated that the changes to the
roadway needed to be made regardless of the approval of the Randall Boulevard
Comprehensive Plan Amendment and that there were no other reasonable alternatives
to provide the property owner access.
In this particular case there is a reasonable alternative to continue to provide E's
Country Store with access to Oil Well Road. This alternative is also consistent with the
commitment County Transportation Staff made to the residents of Orange Tree in
closing off the connection to Valencia Drive to Oil Well Road.
Agenda Item No. 6A
October 26, 2010
Page 5 of 6
August 18, 2010
3
We have discussed the impact of the new Oil Well Road design on E's Country Store
with Commissioner Jim Coletta. Commissioner Coletta recommended that we request
a public petition to discuss this matter with the County Commission as soon as possible.
We are requesting that the County Commission consider the alternative attached to this
letter and we are requesting that the County Commission pay the access Road east
improvements that are external to the shopping center property (Oil Well
bound Right Turn Lane, Oil Well Road west bound Left Turn Lane and closure of E's Oil
Well Road driveway),. The shopping center property and E's Country Store will pay for
the internal improvements to access the new access point on Oil Well Road and the
owner of E's Country Store would agree to give up his current driveway access on Oil
Well Road and the shopping center owner will provide an easement area for the County
to construct the proper cul de sac at the end of Valencia Drive. Appropriate ROW
easements would be granted to Collier County as well. Because Oil Well Road is under
construction we are requesting that our public petition be heard at the September 14th
County Commission meeting
If you have any questions regarding this matter please feel free to contact me.
Si cerely,
Richard D. Yovanovich
Cc: Burt Eisenbud
Bias Elias
Norm Trebilcock
3A011 072GIIIA
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014M 277YAVW
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Agenda Item No. 6A
October 26, 2010
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