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Backup Documents 01/26/2010 Item # 7A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '7A""'" To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv.. location. etc.) ******************************************************************************** Other: Originating Dcptl Div: COES.lZoninl! Person: John-David Moss. AICP Date: <.... Petition No. (If none, give brief description): V A-PI ,2009-1460, Vineyards PUO Petitioner: (Name & Address): Mr. Michel Saadeh. Vineyards Development Corp.. 75 Vineyards Blvd.. Naples. FL 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Vineyards Country Club, 400 Vineyards Blvd. Naples. FL 34119 Hearing before BCC BZA Other Requested Hearing date: Januarv 26. 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Pelition: VA-PL2009-1460. Michel Saadeh of Ihe Vineyards Development Corporation is requesting a Variance of 34.6 feet from the minimum 50-foot setback requirement from abutting residential districts of Ordinance No.9 J -75 (the Vineyards PUD) to allow a 15.4-foot setback for a maintenance building from an abutting residential district; and a Variance from the J O-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02 C.I. to allow all of the required plant material to be located in separate 10-foot wide buffer areas adjacent to the aforementioned abutting residential district. The J.21-acre subjec! property is located at 400 Vineyards Boulevard, in Section 5, Township 49 SOllth, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number 4500096189 for Account Number: 068779 Reviewed by: 't'.-~e''''l' Date ""- Division ministrator o~ Olsig'nee $""..." \,+e,,~~ List Attachments: DISTRIBUTION INSTRUCTIONS A . For hearings before Bee or RZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************.******************************************************************.. FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: iJ2.lt r ~'t Date Advertised: J.~lt2.:1OID Teresa L. Polaski 11AIIP From: Sent: To: Subject: Attachments: Ram irezHeather [HeatherRamirez@colliergov.net] Tuesday, December 29. 2009 8:04 AM Minutes and Records Advertising tor January 26 Bee Meeting VA-PL2009-1460 Legal Ad.pdt; VA-PL2009-1460 Resolution.pdt I am sending over the advertising for the January 26th BCC meeting. There are only three ads for this meeting. The originals have been placed in the inter-office mail for you. They are as follows: V A-PL2009-1460, Vineyards PUD (JD) RZ-2008-AR-1395I, Olde Florida Golf Club (KD) SV -PL2009-1165, Lawmetka Plaza (NG) Here is the first ad. . .. H"th" L. R,m"" 1- Planning Technician Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 (239)252-2930 Count)' 1 ~7 A "rll RESOLUTlON I 0- ~ A RESOLUTlON OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETlTlON NUMBER VA-PL2009-1460, FOR A VARIANCE TO ALLOW A 15.4 FOOT SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE 10-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTlON 4.06.02 C.l ON PROPERTY LOCATED AT THE VINEYARDS PUD AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinatc and enforcc zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance No. 91-75, as amended (the Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from an abutting residential district and a variance from the required 10-foot wide buffer requirement of Land Development Code Section 4.06.02 C.I to allow all of the required plant material to be located in separate 10-foot wide buffer areas adjacent to the abutting residential district within the Vineyards Planned Unit Dcvelopment (PUD), as shown on the attached Exhibit "A", in the Vineyards PUD Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: VA-PL2009-/460 Rev. /2/7/09 10f2 "7 A 11/ '1 Petition Number V A-PL2009-] 460 filed by Michel Saadeh on behalf of Vineyards Development Corp. with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance No. 9]-75, as amended (the Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from an abutting residential district and a variance from the LDC Section 4.06.02 C.] 10-foot wide buffer requirement to allow all of the required plant material to be located in separate 10-foot wide buffer areas adjacent to the residential district, as shown on the attached Exhibit "A", in the zoning district wherein said property is located, and subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "c" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLlER COUNTY, FLORIDA By: By: , Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney ,,{.,l..o~ r).'\' Attachments: Exhibit "A" - Site Plan Exhibit "B" - Legal Description Exhibit "c" - Conditions of Approva] 09-CPS-00986/25 VA-PL2009-1460 Rev. 12/7/09 20f2 1-1 mr I' Ii I I' I I ' Itllllt n ~ I II ~E Ii II I II I PPIIl 11111111 ~ III I I, I, . t-II I' Ildl,; 1I1111q h ~ -~_._P----- I II I" 'I Il' r I, PH III I Ii ~ /I 1'""'1 II I I I' 1 II I II '"'1 i III /I I II II 1 .. /I I II 1111 I' I II 1--" ~II II I ~ II II II II I I 2~ I If I II Po" I, II 1 /I H" I' If i~ I. 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Cf€I.~~ S:e~e' dArEh9I~ar\oQ f'lQl'\nir'l~ ~r:ylc~~' :iUr~ ~'-Mqpft'in__: COCl.~tOj:tr\P.1I~~~i~g li!eol'EStene'S.&\fk:es . ~t::lsile: www.cOtUtolill~.e.J\~J.coi.n. " .._....-'..:..-.~_....,...---~".-"..... ,".._"~",-":,...,..--.;"-,.,.,,,_.,, I' ~t.~~~~illt~:~ COASTAL ENGINEERING CONSULTANTS. INO A ctel GROUP COMPANY VINEYARDS S'TORA'GE FAOILITY LB(;AL DESCRIPTION Tl'lATPART- OFTtiACT''U' tHE; viNeYARDS UNIT ONE, AS 8EOOJ'aDED IN PLATllOQJ<'14; PAGES 67 THROUGH 14 OF THE- .PUBUCRECORDS OF QOLLf5ft COUNTy,FLQR!Pf\ Bl~ING DE$cEHl3li?D AS FOLLOWS; COMM6NCiN~ AT THE$OUTHW~ OOl'lNER OF $A10tRA<;r 'V". "'ON Nb4" 10' 12" ALONG Ti"I~ 'WEiS;J'ERl..VUNS (').\'1:. SAID TRACT "U"ANP TH:E e:!\'STEf'{LY RIGI4'!'-OF-WW>l' LINE' OF V;lNEYAHDS BOULEA\!ARD FOR 612..50 FEET TO THE NORTHERLY l,.ll\lE PF 1H9$E.l4\~QS "li;IIloVli!'1MQLP!3'SI,QE=;. EtESERVE .AT ifjEYJNJ;YcAR[)$, A CONDt'tMINILJN1 RECORO!:!P IN OJ\. 600]1.; 2160,_ PAtlE. t380 OF SAlDPUBLlGBEOOBDS; THENCE AL01\!G$All!iLlNE$'8~~~Q'tg' f; 1P9;87 FE.ETTQ A. p~wrtQN A CIRCULARctfFiYE AND A POl1\>liOI'f NPN-TAN~bMOYAj\JD THE POINT OFBEGiNN.INQ; THIENCE lY'q,fll'F'E(:T JI;,LONG ilip' AR.C OF A OURVE OONCAvE TO THE NoRTHW\:$J;. HAVING: A RADJU$ClF 150;00 FEJ:T, A CE:NTRAL ANGLE OF8e:'64J54", AiCKORDoF 1,eMO FEEr SE1C\HIN6N34'1T1S"E TO A Pq\NT OF TANGENCY: THENGl:: N:'o('J.41:l~4!i"~ fQR 7P.00,PEi3TTO THE NORTHERL'iUNE OF SAID TRACT' "LI'; THENCE ALONG .6AID,I.JNS S-ia4.tO~12" E 100.00 FEET; TBENifl; i.N~$.19>'j;l;:l" e.43'~l:l FJ=ET; THENCE S5!t'1:2'2f' E43.58' f'EiE1r: THENCES'21"10'12" E,90.00 FEET; TIiENl:!E $$4'1'0'12' \:.1!j$"Oil'i,EEf; THENCE SOO"49t48" W 79,22 FEET TO SAID NORTHERL YUNE OF CLUBSIDE RESERVE AT THEVINE'I'ARO$; THENOE AL~N,~ :SAlt:tUNE N4g''$8'1l3'' W 127.53 FEET; THENCE N JlS"34't5" W 61.,49 FEET; THENOE 1\189"10'12" W 2Z4.4$iFEE!:r'rOTHE THE POINT of l!llaGiNNIN$. THEASOVE DESCRrSED APPROXIMATELY 52,589 SQUARE FEET OR 1.27 ACRES Or' LAND. --~~_~,- _.._.._.._.....~ .i::..~'"i:.. -_'.:, --~'~--_..__._--_.._..._-- RICHARDJ;IWV'IN'; P:S.M. '. PROFESSjONAL SURVEYOB AND MAPPER Fl.ORIDACE=;RTIFIQATf. NQ. _5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUHVEYORAND MAPPER CEe FILE NO. 09;oe6 DATE OF SIGNATURE:: / (). 21' ,,/' Exhibit B ,,-.". - ......" ....' .... . ." ...,._~....-~. -- ,,, -" -. -.. -. :n06 s. t~ol~$>:h(~~e Dcive. t~o-ple-!O. PI(j(!da 3A.1{l4~6131 . Phone 1239i 64'3..13'24 ~m (2.39-) 643- \ 143- . I;..Mofl' in~G@C'e-c1fl.com 8(,r:',:':", "' ", _7A ., . , , CONDITIONS OF APPROVAL V A-PL2009-1460 November 30, 2009 Staffrecomrnends that the CCPC forward Petition VA-2008-AR-13977 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Variances approved are limited to the l5.4-foot setback requirement for the maintenance building from the southern property boundary; and the relocated southern perimeter landscape buffer depicted on the applicant's conceptual site plan (Exhibit A), entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by Coastal Engineering Consultants, Inc.; and as further restricted below. 2. The IO-foot buffer width Variance granted is limited to the southern property boundary, as depicted in the conceptual site plan included as Exhibit A, to allow the minimum 10-foot wide buffer to be set back away from the property boundary as feasible rather than along it, as typically required. 3. The building's zoned height shall be limited to IS feet. 4. All the plant materials required by the LDC for a Type A buffer, calculated to be 14 trees, shall be accommodated in the modified buffers, in locations to be approved by the County Landscape Architect. EXHIBIT C ~ 7 A '" .:~ Acct. #068779 December 29,2009 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: V A-PL2009-1460, Vineyards PUD Dear Legals: Please advertise the above referenced notice on Sunday, January 10, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 7A"~ NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2009-l460, FOR A VARIANCE TO ALLOW A 15.4 FOOT SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE 10-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTION 4.06.02 C.l ON PROPERTY LOCATED AT THE VINEYARDS PUD AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: VA-PL2009-l460, Michel Saadeh of the Vineyards Development Corporation, is requesting a Variance of 34.6 feet from the minimum 50-foot setback requirement from abutting residential districts of Ordinance No. 91-75 (the Vineyards PUD) to allow a l5.4-foot setback for a maintenance building from an abutting residential district; and a Variance from the 10-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02C.1. to allow all of the required plant material to be located in separate 10-foot wide buffer areas adjacent to the aforementioned abutting residential district. The 1.2l-acre subject property is located at 400 Vineyards Boulevard, in Section 5, Township 49 South, Range 26 East, Collier County, Florida. A copy of the proposed Resolution is on Board and is available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. ,';r.7A Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts Counfy 6fCollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMJAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101-3044 '7A .~ J, 1 .. Clerk of Courts Accountant Auditor Custodian of County Funds December 29, 2009 Vineyards Country Club 400 Vineyards Blvd. Naples, FL 34119 RE: V A-PL2009-1460, Vineyards PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, January 26, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIiercIerk.com Fax (239) 252-2755 [mail: colliercIerk@colIiercIerk.com Dwight E. Brock Clerk of Courts COllpty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101-3044 "L ~7A Clerk of Courts Accountant Auditor Custodian of County Funds December 29, 2009 Vineyards Development Corp. Michel Saadeh 75 Vineyards Blvd. Naples, FL 34119 RE: V A-PL2009-1460, Vineyards PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, January 26, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK i~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.coIlierc1erk.com Fax (239) 252-2755 Email: coIlierc1erk@coIlierc1erk.com Martha 5. Ver~ara _7.1 From: Sent: To: Subject: Attachments: Martha S. Vergara Wednesday, December 30, 2009 9:44 AM Naples Daily News Legals VA-PL2009-1460 (Vineyards PUD) VA-PL2009-1460 (Vineyards PUD).doc; VA-PL2009-1460 (Vineyards PUD).doc Legals, Please advertise the following attached ad on Sunday. January 10. 2010. Please send an ok when you receive. Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra (Oleoll ierclerk.eom) 1La j , Martha S. Vergara From: Sent: To: Subject: Heredia, Blanca [BEHeredia@Naplesnews.com] Thursday, December 31,20092:01 PM Martha S. Vergara RE: VA-PL2009-1460 (Vineyards PUD) Ok CB(anca fE. 'J{erealO. Napfes !DaiEy News 11 00 I mmok,Jlfee 'lWad' Napfes, P L 3411 0 'TeC: 239.263.4710 6efieretfia@napfesnews.com From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Wednesday, December 30, 2009 9:44 AM Posted To: Legals - NDN Conversation: VA-PL2009-1460 (Vineyards PUD) Subject: VA-PL2009-1460 (Vineyards PUD) Lega is, Please advertise the following attached ad on Sundav. January 10. 2010. Please send an ok when you receive. Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra(Cilcoll ierclerk.com) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesklalcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 1 11I1:;) Martha S. Vergara From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Sunday, January 10, 2010 12:11 AM Martha S. Vergara Thank you for placing your classified advertisement. Ad#1833128 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER V A-PL2009-1460, FOR A VARIANCE TO ALLOW A 15.4 FOOT SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE 10-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTION 4.06.02 C.I ON PROPERTY LOCATED AT THE VINEYARDS POO AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: V A-PL2009-1460, Michel Saadeh of the Vineyards Development Corporation, is requesting a Variance of34.6 feet from the minimum 50- foot setback requirement from abutting residential districts of Ordinance No. 91-75 (the Vineyards PUD) to allow a 15.4-foot setback for a maintenance building from an abutting residential district; and a Variance from the lO-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02C.1. to allow all of the required plant material to be located in separate 10- foot wide buffer areas adjacent to the aforementioned abutting residential district. The 1.21-acre subject property is located at 400 Vineyards Boulevard, in Section 5, Township 49 South, Range 26 East, Collier County, Florida. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a pem1anent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 10, 2010 No. 1833128 1 ".A You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classi fied advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpav.com/adwizard login.aspx?I=15247836, if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds. 2 . _OI'_Tll~ ~.. .... _...i1J;':ft'-iI-,.~-.,.",.......,...,-,..:..:...:..:,..,..... i._.......~... . ~;.,. ',_,' .:..:,......._....;-..01 t;'jil\..l.... ~"'. ..' ..,..I;'~m ~. A,.~'.=. t~........~. "~'..... ;......_.=.. ....~::';' .....lfIeftIrig.. .,wfI'be911l . . :'" ".. ,< :',."" : ,_ .":cJ:,;"",.:,, ....,... -:. . A "soum'''' OF"" BOARD. "".~.. ",_ . . "<OF~.' .'. (;()\f'NT1 NTY FLO". DA,:II,II.ATlNG JO.PmnON'NOMlER'..~-'-" ,', V8UAHa""ro Al LOW A 15.4 FOOT SftIAO( fOR A MAlftTrHANCE8U . .' fR(>>f1 At.! .1dIUTTIN<i RESfDINTIAl. Dt$TfUaAND ,Id!COHItVARfAHCt<FR&MTHf'JO.FOO1' WIOE BUF. "'=~.J&~Mrr~i~SECnON-4;0f;Q1 C1ONJlRO;UTY;LOCAT~ AT ....,t. ,', AS .,:.",,_t.>>J$CRIJlI)Jt{:CD~ilRCO~~:fLORIDA. =on.,.VA~""""""'..c.:. ......~..~..re:t ". " . ...Vll'.....,.~-, ," from.. .',' rto ~"J.~~,~ ..~~.;:;.:#'t'?l-15(th _Md; ;.;;M,_. "nd'EfI" ......... .-.... ""'" "".butt'''9 of Lend DWeI' t Cock::- .' -',' ".:,'Qj' .~..'~vyktth. rement ""Wad_....... .m... ~,............... ........' ....."1..,~..... ...... '....:L...':r!.......J'l:c:~ .1:'.:;.... .:t:i ._""'.j,t....'__"" East,Collle~~~ . ," " .;'".,triSli:tkin5,T~~~~~~,Range26, \jf1-rL-LUU-l-l~ \jrjetvd c; -,:: ,....OF~1P~,~r~ ~1!__.."!~ "_A.M. ",.tItW"'''''',~ !J,~I"",v~,..> '.' . A 'ESOLUTl(lN OF tHI'aoAAi> 01"_..... ;'Cw..tciu",CQ\IIII'f. fl,OR', DA. :Mj,Ant.lG TO PETf110H N~ VA~14ttJ" Ji(jf(~7ijA<<WC:f TO AL- lOW' A '15.4, fOOT' SETBACK' FOR A MAt~ .OI~G FROM AN -AlurnNG I\ESlDENTIAL OImUCTAND.ASE'CQNO' \lAIUANCE 'fROM'11iI1.Q.IOOT WIDE BUF. FERwtDTH REQUlMMl!NT ~ ~:$!CtlON 4.01;02 C.tOK~!..OCATED AT THE""'r'~PIlOAS HE~llS\llIlfll,."'.CO\.LIEl'<OU!fF'l,,""ORIQA. ~~I~Jt.. ~"._. "'=~=",....e!r'::: .ij:---'~ '.~:::" '. "..~ '. ....'.,~j)~l l...~~i East.CoIl1e~~, dI.7" ""," ',_ ,', "~:M/"tii",,j! A ~ of. "tM<proposed,~~_,Wftti the .C1erkto tht Ioard and is _11l6"fDrinlJ*tJon.:~'tntereNd',', ,erw'lrMtWlOitteridandHM!iH'd. NOTE.".',AlJ ~n5 wishing to speak on any agenda item must'~ With the .~ _IftIItrItQf prior 10 ~,oftht agenda ltemtobeaddrmed. In. dJYfdUiIt......rs win be l~toS.,.utft. on any Item. The sel~lonof an indi- vlduaf...." ,,'on ~,9f- an orprtiUtlon or iIfQWP Is en(Our~ed.' If recognized ~ thI'.- , \:fI,'s~ J ':""~JIl.'for....,or orgilnlUtlon mty bf: allotted 10, mln- utestO "'6IUn!Wli.'. ii..i=~~.~=...~...:~.iEis =,#,~:,lIWJlk tPlrtcif::~',:;~~,:'" ',-.;,' "'::". , .:.:the;hard win ~."".'''ded., desto,__.,~-._':t4wd'" UfMMld. ow=d of tho .' _.~r~ s,theMOan af\d'thtNfoN, may nNd,to.......t......nrbatlm the; """')1 medt. lNhkb .~ i~ the _u-...._artd evi. _llIiPttWII If\O.pjl;.JIi_' '.. . -.--~. '~,I~"- ., .' . ir'..J:.if "".:",,~. .~..~.~~..-::;b.. .....~:-'..~ r~i . ,,"'ollt. Ttmitmi-Ti'1tQ,_'.--'fb1dI'J4112, ;- '~'I~ __ tot.' ': . i'ed,."'-_Wh In th.'County'Coimn~"Of'Rteo BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS ~~~ ~...=......- 1...-:IlIIo~ . ,,,; ','" .-taBt ')II vA -~it2{J[A~40' \jf\~rc\ <, NAPLESIBONITA DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on January 10, 2010 1 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee coumies of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida. for a period of 1 year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, firm or corporation any discount. rebate. commission or refimd for the purpose of securing this advertisement for PU(1ninfueSr ~ . ( Signature of affiant) S worn to and subscribed before me This 13th day of January, 2010 I><CU.J f. ~<? (Signature of notary pu IC) ,I"""', ~"~~>" rAROl E KANGAS [.(:' .tl\,)':r~ Nolary PubliC' Sidle 01 flodda ~v:~~,! My Comm. Expires Jul 29 2013 "~::'~,',':;,r,i~~~"'~ Comrrllssion # DO 912237 t7A ~ 7 A .. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board omce The completed routing slip lU1d original documents arc to be forwarded to the Board Office only.!!1kr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excePtion oflhe Chairman's silmature, draw a line through routing lines # I throul?:h #4, conmlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date I (List in routing order) 1. Judy Puig Community Development and Environmental Services 2. 3. 4. 5. R T"I 'An, Executive Manager Board of County Commissioners --f:~\- II. .I rt+~ IY! tlL H eu...... /'21,/10 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the pnmary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC' ollice only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached Nancy Gundlach \\;9) . January 26, 20 I 0 '-J Phone Number Agenda Item Number 239-252-2484 7A Yes (lnilial) N/A(Not A licable) Resolution '21>< D - 2-2..- Number of Original Documents Attached ~. r} j I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ',. I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in Ihe Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties excepl the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk 10 the Board The Chairman's signature line date has been entered as the date of BCC approval oflhe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by tbe BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. , 7 A 4 RESOLUTION! 0-;42 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2009-1460, FOR A VARIANCE TO ALLOW A 15.4 FOOT SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE 10-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTION 4.06.02 C.1 ON PROPERTY LOCATED AT THE VINEYARDS PUD AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collicr County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance No. 91-75, as amended (the Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from an abutting residential district and a variance from the requircd 10-foot wide buffer requirement of Land Development Code Section 4.06.02 C.1 to allow all of the required plant material to be located in separate 10-foot wide butfer areas adjacent to the abutting residential district within the Vineyards Planned Unit Development (PUD), as shown on the attached Exhibit "A", in the Vineyards PUD Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said rcgulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and thc Board having considered all matters prescnted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Vineyards / VA-PL2UU9-/46U Rev. 1/26//0 1 01'2 t 7 A ~ Petition Number V A-PL2009-1460 tiled by Michel Saadeh on behalf of Vineyards Development Corp. with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance No. 91-75, as amended (the Vineyards PUD), to allow a 15.4 foot sctback for a maintenance building from an abutting residential district and a variance from the LDC Section 4.06.02 C.l 10-foot wide buffer requirement to allow all of the required plant material to be located in separate 10-foot wide buffer areas adjacent to the residential district, as shown on the attached Exhibit "A", in the zoning district wherein said property is located, and subjcct to the conditions found in Exhibit "C". Exhibits "A", "B" and "c" are attached hereto and incorporated hcrein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this % ~,2010. day of ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: Attest I' to eMf .111n4wreOllI" A pproved as to form and legal sufficiency: ( -," FRED W. COYLE, Chai J n By: h JI.; Jb- 7- wJi Steven T. Williams Assistant County Attorney Attachments: Exhibit "A" - Site Plan Exhibit "B" - Legal Description Exhibit "c" - Conditions of Approval Item# ~ 09-CPS-00986/30 ,'\qr;:"lcb, i>t;:\ }J1ttlJp d?~LD. l f. /;',"1 Vineyards / VA-PL2009-1460 Rev, 1/26/10 20f2 ~ I" "J"" "",'" ~ '''I U; ,-.~' r, L_ LIi ;11 i I 0( .. ulII II \$ lr 0 ~'I ~ Ii ~ ';1 I:: I:U: 1I!lllt' ......~ ~ :i~ i II : :: ',I ~ i ' I i I II I I 1111111 .g ,~ 5P ~ fl rll 1-- I Ii: i I nl ~ I I II I =:. ~:H m ';1 I II tilll I ! ! . I II II ! 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III hl1 II 1 II I I /I 1 II I II II ( II I II II / I II I II II I / I II III III ' ), ....lll II I ,/ ,\ '" II I 1 11 I II II I 1:/ /, II f 1/ 1/ f A: ,I' )1 ..../ 1/ II f /1& ;;/ /J"II Illf /1 ' /" II V //" l / I . ~a / ~~-: \.J::"/ I~" II I ~ // ..;..r i ,! 1/ // I", ..'-:,' I II ,,/j It /v r I 'I I~ / J'; // I ) /1/ 1// I' ~l_' /1 _./ 1/ I w.t , .'v' 1 I .,,-f" /!/~" d!I~11 / ,///;1 I 1/ I ~ ..... ." 1/ / ,," i,.- / ,I ) ;.1/ /' /-... A" ,. /tv /1 / / ill It / " " / .; // -',. ~ ----_../ ~/~/ /f>/ /<. / ~:.,'I " /// "- /.; r ,J" ,If t. /' ./ '-,,----- ----- '" ~~ ~~ '0 ",,,, ~g 1;'" ox .!!lg III . l~ I. .. I. VINEYARDS STORAGE FAOOTY PAGfIOSEO SITE PLAN "'."". T .noN 7A lit f If II " II II " II II II II fl If fl II II II II If Jil J ~\ 11 ~ 1.1 '=:--= II 11-1-'-:;'~ !r ' II " '/~I Ii . II II 1/ /I 1/ /I II II II II II II II II 1\ II II \I \I II II II II II II \\ II II II II II II m x ::T 5' ;:;: )> _a_ ~ 7 A ~ COASTAL ENGINEERING CONSULTANTS INC GI.CI C:;ro~{) S~r:.j;;~J: Civil Er"'Qlr:eedng Pk1nnin9 .s~,r",'ic0$ )1,.'1 V':J-.y &t.1oppint7j CCC1.\'ibl,EnJ;J.lrl(;mrirl9 RtH'l!'E~\o"te Sdtvl{:0~ A CEef GROUP COfAP.f\hJY \, WGt)5ik,: W,^'W,C0051o!ei1g\ne$r]nO.C:6fr, VINEVARDS STORAGE FACILlTV LEGAL DESCRIPTION THAT PART OF TRACT "U"TI-IE VINEYARDS UNIT ONE, AS RECORDED IN PLAT BOOK 14, PAGES 67 THROUGH 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCING AT. THE SOUTHVVEST CORNER OF SAID TRACT ''lJ''' RUN N 04" 10' 12" ALONG THE WE-STERL Y LINE OF SAID TRACT "U" AND THE SAST6RLY RIGHT-OF-WAY LINE OF VINEYARDS BOULEAVARD FOR 612.,50 FEET TO THE NORTHERLY LINE OF' THOSELAi'lJDS!<NOWN 11,$ GLUaSlpE RESERVE AT THE VINEYARDS, A CONDOMINiUM RECORoED IN O,R. BOOK 2160, PAGE 1880 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S 8$010'12" E 409.87 FEET TOA POINT ON A CIRCULAR CURVE AND A POINT OF NON-TANOENCY AND THE POINT OFBEGINNINO; THENCE 175.1? FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWt:$T, HAVING A RADIU$ OF 150.00 F6ET, A CENTRAL ANGLE OF .66954'54", ACHORD OF 165.40 FEET BEARING N34017'15"E TOA POINT OF TANGENCY; THENCE N 00"49'48" E F0870,00 FEET TO THE NORTHERLY LINE 01- SAID TAACT "U"; THENCE ALONG .SAID LINE' S64910'12" E 100.00 FEET; THENC)E S 86910'22" E;43,58 FEEl; THENCE S54912'21" E 43.58 FEET: THENCE S2101O'12" E90.00 FEET; THENCE 834910't2" E 13$.00F88T; THENCE $00"49'48" W 79.22 FEET TO SAID NORTHERLY LINE OFCLUBSIDE RESERVE AT THE VINEYARDS; THENCE ALONo SAID LINE N 49058'18" W 127.53 FEET; THENCE N69034'15" W 61049 FEET; THENCE N89010'12" W 224.43 FEET TO THE THE ponNT OF BEGINNING. THEABOVE DESCRIBED APPROXIMATELY 52,589 SQUARE FEET OR 1.27 ACRES OF LAND. COAS~T L:r,i,..__2.qEEf{iN~O~~YL T ANTS, INC. ~~",)f/ " -~-'7w_' .~___w";_;"';'",_~<:I;_~~:"'~_~#";;"'___--';"'~______""_~______________ RICHARD J. 6WliiiGf'p;S.M../> PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIPICATt, NO. 52,96 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGiNAL RAISED SEAL OFA FLORIDA LICENSED SUAVEYOR AND MAPPER CEC FILE NO. 09.086 DATE OF SIGNATURE: / t!. 21' "" '7 Exhibit B 3106 S. HI)I~:;~:.h()e Drive, r.J(Jpl(~:;, Fiol'ido 3410<1-6 3/ ' !-)rIOfV, '237; 64:},.2324 ;;o;~ (2.39~64:(-1143 ~ [.iv\Oil info@c'edfi,cf..J,n , 7 A ~ CONDITIONS OF APPROVAL V A-PL2009-1460 January 26, 2010 1. The Variances approved are limited to the] SA-foot setback requirement for the maintenance building from the southern property boundary; and the relocated southern perimeter landscape buffer depicted on the applicant's conceptual site plan (Exhibit A), entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by Coastal Engineering Consultants, Inc.; and as further restricted below. 2. The ]O-foot buffer width Variance granted is limited to the southern property boundary, as depicted in the conceptual site plan included as Exhibit A, to allow the minimum ]O-foot wide buffer to be set back away from the property boundary as feasible rather than along it, as typically required. 3. The building's zoned height shall be limited to ]5 feet. 4. All the plant materials required by the LDC for a Type A buffer, calculated to be ]4 trees, shall be accommodated in the modified buffers, in locations to be approved by the County Landscape Architect. 5. Within 20 days of the Board of Collier County Commissioners hearing date, the Clubside Reserve resident(s) may ask to have the subject maintenance building moved within 5 feet of the existing wall located along the north property line of Clubside Reserve and the petitioner shall accommodate such request. 6. ]f requested by the resident(s) of Clubside Reserve, the petitioner shall fill in the gaps of the existing landscape buffer along Clubside Reserve's north property line prior to receiving Certificate of Occupancy for the subject maintenance building. 7. The roof of the subject maintenance facility shall be the color green. EXHIBIT C . COASTAL ENGINEERING ~ - ..... CONSULTANTS ...... I NC /!JG0 -fU ~ CE~~~<:J!es Civil Engineering Plonning Service, Survey & Mapping Coastal Engineering Real Estate Services A CEO GROUP COMPANY Website: www.coastalengineering.com January 21, 2010 RE: CEC File No. 09.086 Vineyards County Club Storage Facility TO WHOM IT MAY CONCERN: Coastal Engineering Consultants (CEC) is the Engineer of Record for the above referenced project at the Vineyards. Several months ago, CEC met with representatives of the Vineyards to discuss the engineering for this project. We have spent a significant amount of time going over the various alternatives involving the placement of the proposed building. We concluded that the only two scenarios to facilitate the placement of the proposed building on the project site were to either remove existing berm and vegetation or request a variance to reduce the building setback. The base of the existing berm averages 65' to 70' in width and has been established with vegetation for approximately 20 years. In the first scenario, the proposed building would encroach approximately 35' into the existing berm thus making the removal of the berm necessary. The second scenario was to request a variance resulting in a limited impact on the existing berm while still providing a 15'minimum wide setback between the building and the adjoining community to the south. In the current Land Development Code (LDC) Section 4.02.01 Table 2.1 states that there is no setback required for Golf Courses. Since the current LDC does not require a setback from a golf course facility, we believe that the variance to reduce the required setback to 15 feet is consistent with the LDC. Richard J. Ewi Vice President Survey and Mapping Division 3106 S. Horseshoe Drive. Naples, Florida 34104-6137 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mail: infoC<;i)cecifl.com SLRVINc; FLOf-?/DA SINCE n71 ell = .... 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Po/ 1 {tllltO UP ' 1ft Anthony Pires l'age J at J h([:-YV rfl).tflO ~ From: Anthony Pires Sent: Tuesday, January 05, 2010 12:11 PM To: HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Attachments: DEC, 11, 2009 LETTER TO CCPC,pdf Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26, 2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals. It is my understanding from a conversation that my secretary had with your assistant this morning, that you are in favor of the project as it now stands and that I could email you to get more clarity. My client, the Clubside Reserve Condominium, and I would like to have the opportunity to discuss their concerns and objections to the variance petition prior to the hearing, Attached is a pdf that was provided to the Planning Commission members, outlining some concerns and objections. On December 17, 2009, the CCPC recommended to the BCC/BZA, by a vote of 6-3, that this variance petition be denied, We would appreciate your consideration of meeting to discuss concerns and objections to the variance petition prior to the hearing. Respectfully, Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P,A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-Iegal.com FIRM WEBSITE: WWW.WPL:LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments, 1/26/2010 ragt;; J U1 J W-:-~ 1(2-tR/lO ~ ""lk Anthony Pires From: Sent: To: Anthony Pires Friday, January 22, 2010 9:45 AM HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26,2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals, It is my understanding from a conversation that my secretary had with your assistant on January 5, 2010, that you are in favor of the project as it now stands and that I could email you to get more clarity, which I still request. My client, the Clubside Reserve Condominium, would still like the opportunity to discuss their concerns and objections with you to the variance petition prior to the hearing, Sincerely, Anthony p, Pires, Jr. Woodward, Pires & Lombardo, P,A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax a pires@""Q.i: lega I, com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be priviieged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1/26/2010 Anthony Pires rage j or j /(XL-fJ; , f) ) ,!ZIt{tO uY' ,ok From: Sent: To: Anthony Pires Tuesday, January 05,201012:11 PM HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Attachments: DEC, 11, 2009 LETTER TO CCPC,pdf Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26,2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals. It is my understanding from a conversation that my secretary had with your assistant this morning, that you are in favor of the project as it now stands and that I could email you to get more clarity. My client, the Clubside Reserve Condominium, and I would like to have the opportunity to discuss their concerns and objections to the variance petition prior to the hearing, Attached is a pdf that was provided to the Planning Commission members, outlining some concerns and objections. On December 17, 2009, the CCPC recommended to the BCC/BZA, by a vote of 6-3, that this variance petition be denied. We would appreciate your consideration of meeting to discuss concerns and objections to the variance petition prior to the hearing. Respectfully, Anthony P. Pires, Jr. Woodward, Pires & lombardo, P,A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-Iegal,com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal andlor attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal andlor attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments, 1/26/2010 Anthony Pires Page I ot I !ft;f,;cY ~-k From: Anthony Pires Sent: Friday, January 22,20109:45 AM To: HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26,2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals. It is my understanding from a conversation that my secretary had with your assistant on January 5,2010, that you are in favor of the project as it now stands and that I could email you to get more clarity, which I still request. My client, the Clubside Reserve Condominium, would still like the opportunity to discuss their concerns and objections with you to the variance petition prior to the hearing. Sincerely, Anthony p, Pires, Jr, Woodward, Pires & Lombardo, P,A, 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wjJJ.:I.eMl&9m FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments, 1/26/2010 Anthony Pires Page I of I 1/21l/1t? {;arfY cY fir From: Anthony Pires Sent: Tuesday, January 05, 2010 12:11 PM To: HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Attachments: DEC, 11, 2009 LETTER TO CCPC,pdf Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26, 2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals. It is my understanding from a conversation that my secretary had with your assistant this morning, that you are in favor of the project as it now stands and that I could email you to get more clarity. My client, the Clubside Reserve Condominium, and I would like to have the opportunity to discuss their concerns and objections to the variance petition prior to the hearing. Attached is a pdf that was provided to the Planning Commission members, outlining some concerns and objections. On December 17, 2009, the CCPC recommended to the BCC/BZA, by a vote of 6-3, that this variance petition be denied. We would appreciate your consideration of meeting to discuss concerns and objections to the variance petition prior to the hearing. Respectfully, Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P,A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apir~!i@wJJl:i!!gal,com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments, 1/26/20 I 0 Anthony Pires Page 1 of1 /fUtf/o BCL- ~ ~ lfir From: Sent: To: Anthony Pires Friday, January 22,20109:45 AM HalasFrank Subject: VINEYARDS VARIANCE VA-PL2009-1460 Dear Commissioner Halas: The above noted variance petition is scheduled to be considered on January 26,2010 by the Board of County Commissioners, sitting as the Board of Zoning Appeals. It is my understanding from a conversation that my secretary had with your assistant on January 5, 2010, that you are in favor of the project as it now stands and that I could email you to get more clarity, which I still request. My client, the Clubside Reserve Condominium, would still like the opportunity to discuss their concerns and objections with you to the variance petition prior to the hearing, Sincerely, Anthony p, Pires, Jr. Woodward, Pires & lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax api res@wpl-leg~I,cQ!l1 FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal andlor attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this transmittal andlor attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments, 1/26/2010 CRAIG R. WOODWARD Ho:m! Certified: Rea! Estate MARKJ. WOODWARD ANTHONY P. PIRES, JR. Board Certified: City, County, and Local GoVl.'mmcnt J. CHRISTOPHER LOMBARDO STEVEN V BLOUNT CARRIE E. lADEMAN CAR.lO F. ZA.MPOGNA JENNIFER L DEVRIES JENNIFER M. TENNEY / REPLY TO: a{ 3200 TAMIAMI TRAil N. SUITE 200 NAPLES, FL 34103 239-649-6555 239-649-7342 FAX o 606 BALD EAGLE DRIVE SUITE 500 P.O. Box ONE MARCO ISLAND, FL34146 2.19-394-5161 239-642-6402 FAX WOODWARD, PIRES & LOMBARDO, P.A. ATTORN EYS AT LAW January 20, 2010 Board of County Commissioners Collier County, Florida 3301 East Tamiami Trail Naples, Florida 34112 VIA HAND DELIVERY RE: PETITION VA-PL2009-1460, VINEYARDS MAINTENANCE BUILDING Dear Chairman Coyle and Board Members: This law firm represents the Clubside Reserve Condominium Association, Inc, ["Clubside"] with regards to the above Variance Petition scheduled to be considered by the Board of County commissioners ["BCC"] sitting as the Board of Zoning Appeals ["BZA"] at its January 26,2010 meeting, For a number of reasons, Clubside objects to the Petition and requests that the Board of County Commissioners deny the request. There are a number of substantive reasons that have been raised with staff and before the Collier County Planning Commission [CCPC] as to why this Petition should be denied and we will be making a presentation of these concerns at the public hearing opposing the Petition, The CCPC recommended denial of the Petition, In order to assist you in your review and determination I have taken the liberty of enclosing copies of the following materials that I believe will assist you in your consideration: 1, an outline of some of the objections and problems with the Petition, along with associated documents, 2, correspondence and materials provided to the CCPC members for their December 17,2009 hearing, 3, a verbatim transcript of the December 17, 2009 CCPC hearing, There may be additional issues, substantive or procedural, raised at the scheduled January 26, 2010 hearing, and we may also provide supplemental materials, not only by Clubside, but other residents/property owners, As the Applicant/Developer controls the Country Club, there will probably not be opposition to the variance application from the club or its members, We appreciate your consideration of my clients' concerns, objections to and issues with this pending Petition, and request that after your deliberations, you deny the Petition, WWW.WPL-LEGALCOM Enclosures. ~, CC w/encl. Leo Ochs, Jeffrey Klatzkow, Nancy Gundlach . "'--'-"._-'-- ,. ". .-,..",-.-.--,.. -, ,-,~...-~-=-_._~-,..~._.~---,.._._.. ~;ttl1) OUTLINE OF OBJECTIONS AND COMMENTS BY CLUBSIDE RESE~VE1 CONDOMINIUM ASSOCIATION, INC. RE: PETITION VA-PL2009-1460, VINEYARDS MAINTENANCE BUILDING SOME BACKGROUND The Vineyards Development Corporation [the Petitioner] is the longstanding developer of the Vineyards community, Development in the Vineyards is governed by the Vineyards Planned Unit Development Ordinance ["PUD"]. referenced as Collier County Ordinance #91-75, The residential Clubside community in the Vineyards directly abuts the property involved in this Petition [the "Subject Property"]. [see Exhibit A], The PUD contains specific setback and buffering requirements applicable to the Subject Property, Without full compliance with the PUD setback and buffering requirements, the Clubside owners and residents will be adversely affected by the proposed maintenance building on the Subject Property. Granting the requested variances for a maintenance facility and its attendant obnoxious activities will be at the expense of the abutting well established Clubside residential community. The PUD designated land use for the Subject Property is "GC", Golf Course. Section VI of the Vineyards PUD today contains, as in 1991, the development standards for GC designated parcels, including specific setback and buffering requirements applicable to the Subject Property. [see Exhibit B ] The PUD designated land use for Clubside is "R", Residential, as a direct result of a 1995 amendment to the PUD Master Plan initiated by the Petitioner in February of 1995 by Petition PDI-95-1 [see Exhibit C], The Petitioner submitted and pursued Petition PDI-95-1. Collier County Planning Commission ["CCPC"] POI Resolution # 95-12, adopted April 6, 1995, approved the Petitioner requested amendment to the PUD Master Plan designating Clubside as "R" in the PUD, [see Exhibit 0 ].. . 000001 - 1 - Section 6.03.01 of the PUD provides development standards for the GC lands. Section 6.03.01 B) of the PUD clearly and unambiguously provides: "Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone, " Additionally, Section 6,03,01,A) of the PUD requires that "Overall site design shall be harmonious in terms of landscaping, ",and location and treatment of buffer areas.". The PUD does not say that the buffering of uses on the Subject Property is to or may occur on an adjacent parcel. Petitioner is requesting a variance from the building setback requirements of Section 6,03.01 ,A) of the PUD, and a variance from a landscape requirement of the LDC. The Petitioner has not requested a variance from the separate stand alone buffering requirement in the 50 foot setback area contained within Section 6.03.01 B) of the PUD, The proposed site plan that accompanied the Petition dated October 6, 2009 shows a substantial amount of asphalt paving within the required 50 foot buffer zone, with no buffering along a substantial portion of the southern property line that abuts Clubside. This results in a large gap with no buffer on either side of the proposed building, contrary to the requirements of Section 6,03.01.A. of the PUD requiring that "Overall site design shall be harmonious in terms of landscaping, ,. ,and location and treatment of buffer areas", As proposed there is no buffer on the Subject Property for approximately the entire length of the proposed building. The burden is on the applicant to show that the requested variances conforms strictly to the County's GMP, its elements, and objectives, as well as the conditions for the granting of a variance outlined in the Land Development Code (LDC), 000002 - 2 - NO LEGAL HARDSHIP; VARIANCE CRITERIA NOT MET 6CL:--it- 1 [tIt~o 1A A. The January 23, 2006 Memorandum of then current Assistant County Attorney Jeffrey Klatzkow, [see Exhibit E ] outlined established law in the State of Florida that in order to authorize a variance, it must appear, among other things, that the literal enforcement of the provision in question would result in unnecessary hardship to the applicant. For purposes of supporting a zoning variance, a legal hardship will be found to exist only where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning regulations, A property owner cannot assert the benefit of a self- created hardship, A self-created hardship cannot constitute a basis for a variance. In this case, any hardship asserted [and it is disputed that any exists] is and was solely self created by the Petitioner. The asserted special conditions peculiar to the Subject Property result solely from the actions of the Petitioner, B. The Petitioner is the longstanding Developer of the Vineyards. Any asserted hardship results solely from its actions and development activities over the last 20+ years. The Petitioner created the berm. The remnant berm located on the Subject Property is all that is left of a much larger berm constructed by the Petitioner for the purposes of buffering adjacent properties from an initial Petitioner owned/operated utility operation, [see 1995 aerial, and attached survey associated with SOP 95-055 the site development plan for Clubside, Exhibits F, G ]. When the utility site was no longer needed, the Petitioner converted the vast majority of the former utility site into a residential community. That residential community is Clubside. The Petitioner, by its Petition PDI-95-1, created the unusually shaped Subject Property, As stated by Mr. Saadeh at the CCPC hearing: "At the time, again, it was one parcel so we had the option of drawing the line for the property boundary anywhere we needed to," [CCPC 12/1709 Transcript, page 7, lines 6-8] and "We created that line," [CCPC 12/1709 Transcript, page 27, lines 19, 20] _.. - 3- 000003 '-~-'--,----- ,-,,--, The Petitioner by SDP-95-055, obtained approval for the Clubside community development and approved removallremoved most of the berm [see attached excavation and vegetation removal plan from SDP-95-055, Exhibit H ]. Based upon the Petitioner's plans prepared as part of SDP-95-055, the remnant berm is approximately 60-70 feet in width. All of these actions by the Petitioner were with full knowledge of the PUD setback requirements on the GC [Golf Course] Subject Property. '1k C. The Petition asserts a "need" for a 9,000 square foot golf course maintenance building to be built on the Subject Property, in addition to the existing 12,000 square foot golf course maintenance building on the adjacent parcel' owned by the Country Club, to house an undefined amount of maintenance equipment, which includes "landscape" maintenance equipment.2 When inquiry was made by County staff to the Petitioner as to the amount of equipment, etc, "needed" to be stored, ostensibly necessitating a 9,000 square foot building, the Petitioner provided a photograph [see Exhibit I], depicting approximately 12-14 pieces of equipment. D. Without providing any detail or support the Petitioner has asserted a "hardship" based upon a desire to not remove an unstated amount of a berm and a bare assertion of possible damage to existing vegetation that only buffers the Subject Property from an existing driveway to the North, that leads to a clubhouse, The Staff Report to the CCPC stated that if the variances were granted, approximately 1,500 sq, ft, of the building will encroach into the southern [i.e, abutting residential district] setback area, See Exhibit J, page 6, That calculation was not refuted by the Petitioner, 1 The adjacent parcel is owned by the Vineyards Country Club, Inc, ["Country Club"] which in turn is controlled by the Petitioner, as confirmed by Mr, Saadeh at the 12/17/09 CCPC Hearing, 2 Clubs ide asserts that general "landscape maintenance equipment", not used for golf course maintenance, cannot be stored or maintained on this site, as not being accessory to the golf course operation, - 4 - 00000'1 I ' W Thus, without a variance, the most the Petitioner will be impacted is that the 7 Petitioner would build a 7,5000 sq, ft. building versus a 9,000 sq. ft. building. This would reduce the square footage of the proposed building by only 17% and the Petitioner would have a total of 19,500 sq. ft. of enclosed buildings. As to the existing vegetation, per the statements made by the Petitioner in its recent 12/16/09 SDP-PL2009-567 submittal [see Exhibit K], the vegetation on the Subject Property consists of "rainbow eucalyptus" and "assorted weedy species", Per LDC subsection 4.06,05 0.9" Eucalyptus spp, (eucalyptus) is a "Non code tree" that may be planted but shall not count towards required code trees. E. The Petitioner has not shown that it could not build a golf course maintenance building on the Subject Property if made to comply with the setback requirements. The Petitioner has refused to consider constructing additional enclosed space on the parcel to the West that it controls through the Country Club. F, This project as proposed with the requested variances is incompatible with the existing adjacent residential Clubside community and is not complementary to the existing adjacent residential Clubside community, as required by Policy 5.4 of the Future Land Use Element [FLUE]. The project as proposed with the requested variances does not qualify as "complementary" to the surrounding and abutting established residential land uses, INCORRECT STATEMENTS IN THE PETITION Contrary to the Petitioner's assertion: A. The existing remnant berm and mature landscaping will not "shield this proposed building from view in all directions" as the existing remnant berm is located to the North and Northwest on the Subject Property and does not shield _.,.~ - 5 - , 000005 /~ the Clubside owners from structures or activities on the Subject Property, [see 1tv attached aerial photograph, Exhibit L" ], B. The existing remnant berm and landscaping located on the North and Northwest portion of the Subject Property does not hide the proposed maintenance building from "all angles and views", C, The only property(ies) "shielded" or individuals or screened by the remnant berm are a driveway leading to the Country Club, tennis courts on the Country Club property, individuals in vehicles driving up to the Clubhouse; possibly golfers; and, tennis players. The only property(ies) shielded or screened by the remaining berm are owned by the Country Club, controlled by the Petitioner, 0, Not granting the setback variance would not require the "destruction" of the remnant berm. ADDITIONAL OBJECTIONS AND POINTS In addition to the above, we submit the following issues and concerns with regards to the pending variance application: A. The legal notice for the hearing states that the only variance requested as to a buffer is for: ", ,a Variance from the 1 O-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02 C,1,", Thus neither the Application or legal advertisement address the separate, stand alone buffering requirement in the 50 foot setback area contained within Section 6,03,01 B) of the Vineyards PUD. B. The legal notice for the hearing notice states that the variance request to be heard, in part, is to "..allow all of the required plant material to be located in separate 1 O-foot wide buffer areas adjacent to the aforementioned abutting - 6 - ~ 000006 ,.-- residential district.". However, the Staff Report to the CCPC, the proposed Executive Summary for the BCC/BZA and the proposed Resolution and its attachments reflect a landscaping that is inconsistent with the legal notice as they all reflect that the "buffer" would then be augmented by "fourteen canopy trees in minimum, 10-foot wide buffer strips on the northern side of the existing golf cart path rather than immediately adjacent to the wall, as is normally required." See page 2 of 9 of Staff Report to the CCPC and page 2 of the Executive Summary, ~ - - 7- /~ . ~ 000007A :lI- I- .. - L ... .. L I- u - .., = .~"", , '... , . ',C '" .;JO< - . > "" .. .,. - ::z ... .,. .. - ... .. - ... - - ... ::z - ... .,. ... ... ... ... - ... U Cot A . ' . < 't " . " ~",~ \~""..i- ~,.~.~ ,"", -.' ----_..,-...._--, -_..,,- - - , , ORDIN1NCB NO. '1- 75 -,. , ;,~- ", '-:,:.,' - ,~ AN ORDINANCE AMENDING ORDINANCE NUMBER 85-15, WHICH ESTABLISHED THB VINEYARDS OF NAPLES PUD, AS AMI!IlDED, BY AMI!IlDING THE TI'l'LB PAGE; BY AMENDING THE INDEX TO DELETE CERTAIN SECTIONS; BY AMENDING THE LIST OF EXHIBITS T~ IDI!IlTIFY THE TWO MASTER DEVELOPMI!IlT PLANS; B'U> AMENDING THE STATEMENT OF COMPLIANCE TO ;. REFLECT THE INCREASE IN TOTAL ACREAGE FROM ~ 1,925.4 TO 1,930.16 ACRES, TO DELETE THE ~ RATING POINTS REQUIRI!IlENT AND TO ADD THE 9. PROJECT'S DESIGNATION AS BEING LOCATED IN '!l. PART OF AN INTERSTATE ACTIVITY CENTER; BY ... AMENDING SECTION I, PROPERTY OWNERSHIP AND ~ GENERAL DESCRIPTION, TO CORRECT ERRORS IN THE PREVIOUS LEGAL DESCRIPTION, TO REFLECT AN INCREASE IN THE TOTAL ACREAGE, TO INCLUDE THE LEGAL DESCRIPTION OF THE ADDITIONAL 4.76 ACRE PARCEL AND TO REFLECT THE CORRECT OWNERSHIP OF THE PROPERTY; BY AMENDING SECTION II, ' PROJECT DEVELOPMENT, TO REPLACE OBSOLETE LANGUAGE WITH CllRREllT ZONING CODE REFERI!IlCES, TO REQUIRE SITE DEVELOPMENT PLAN APPROVAL FOR CERTAIN USES. TO CLARIFY THE OPEIl SPACE REQUIREIIEH'r, TO DELETE CONCEPTUALI SITE PLAN APPROVAL, TO DELETE TIlE ALLOWANCE OF , AUTOMATIC SITE DEVELOPMENT PLAN APPROVAL, TO DECREASE TIlE OVERALL NUMBER OF RESIDENTIAL DWELLING UNITS ON THE LAND USE SCHEDULE. TO COMBINE TIlE R-1 AND R-2 DESIGNATIONS INTO A NEW R DESIGNATION, TO COMBINE THE CR AND CIC DESIGNATIONS INTO A NEW CR DESIGNATION, TO INCREASE COKMERCIAL SQUARE FOOTAGE,BY 140,000 SQUARE FEET; TO ADD A 120-ROOM HOTEL,MOTEL USE, TO UPDATE THE APPROXIMATE ACREAGES OF E, VS, P, MAJOR RIGNTS-oF-WAY AND PUBLIC SERVICE USES, TO INCREASE THE TOTAL ACREAGE TO REFLECT TIlE ADDITION OF 4.76 ACRES, TO DECRl!:ASE TIlE TOTAL NUMBER OF RESIDENTIAL UNITS AND TO DECREASE THE TOTAL NUMBER OF DWELLING UNITS PER GROSS ACRE. TO ELIMINATE SUBS]!:CTION 2.08 AND TO TRANSFER THAT INFOilMATION TO SUBSECTION ~. 02, TO CORRECT SCRIVENER'S ERRORS IN THE DEVELOPMENT REGULATIONS APPLICABLE TO CHURCHES. TO ELIMINATE SUBSECTION 2.10 AND TO TRANSFER THOSE USES TO SECTIONS III, IV, V, VI AND VII OF THE PUD DOCUMENT AS APPROPRIATE. TO CORRECT' SCRIVI!IlER' S ERRORS WITHIN THE SIGNAGE SUBSECTION, TO ADD A SUBSECTION FOR COMMERCIAL SIGNAGE EAST OF I-7~TO ADD A REQUIREMENT FOR POLLING PLACES, AND TO ELIMINATE SUBSECTION 2.11.04, COMPARABLE TABLE; BY AMENDING SECTION III, SINGLE-FAMILY RESIDI!IlTIAL, TO CIIAIIGE THE NAME OF THAT SECTION TO RESIDENTIAL, TO ADD LANGUAGE DEFINING TIlE R DESIGNATION ON THE'MASTER LAND USE PLAN, TO ADD LANGUAGE CLARIFYING TIlE TYPES OF USES PERKITTED IN TIlE DISTRICT, TO MODIFY DEVELOPMENT REGULATIONS FOR PERKITTED USES WITHIN THE R DISTRICT AND TO MODIFY THE REQUIRDlEHTS FOR OFF-STREET PARlCING; BY 00 00 DELETING SECTION IV, MULTI-FAMILY RESIDENTIAL 0 8' IN ITS ENTIRETY AND MERGING THAT SECTION WITH SECTION III. RESIDENTIAL, AND TO RENUMBER THE SUBSEQUENT SECTIONS AND SUBSECTIONS OF THE , ORDINANCE ACCORDINGLY; BY AMENDING FORMER Words s'r~ek '~~eY~ are deleted; words ~ are added. . 045Pl~[325 _' _ __.__. '.. __,,'O>.m.~,.._.. ,..,_._, , I iP -n - ~ ~ ~ 0 ~ . ~ .. , .~ .' " -'.-," . . . .. .... ~ , . -\... ,,' '<K' '~.-' -I. . '~.."" '-I' '1'.> Y"~' ,'1.. -"'- "',". ,.., i\ -;- , , .... '.'- , . - - ."'~ if2JJ (V 291W - A) .. ..~.alft ~... a~.? .~. a.h8~.. .. ~ftl... .in eenfl4e_ ~!4h an~ ef-4he inten_ er the prev~efte 8pee~ereift. &l &l Open apses re~re.e"t. v~e as .efttaifta~ ~. ~ 9r~ftaft.. 1ft .If..' a~. \l... '.93.08 "1111_ 17IIIIl8l1l\PB .BQVIRIIHBIl'l'8' SBC'1':IllJI TDI Section V:II. GO~F ,COURSE, ot the Planned Unit,Oevelopment Docuaent tor The Vineyarde ot Naplee, Ordinance 85-15, a. ...nded, i. hereby amended to read ae tollowe. SECTION va n GO~F COURSE .I. 4.01 l'llU'OS. The purpo.e ot th18 Section 18 to .et torth the regulations tor the areas designated as Golt Course. . .I. '1-.02 l'BRHITT.O USBS AIID STRUCTOR.S No buildinq or structure, or part thereot, shall ba erected, altered, or used, or land or water used, in whole or in 'part, tor other than the tOllowing. A) l'eraitted l'riDoipal Use. aDd structures 1) 2) Golf Course !o- Model homes, sales centers, eigns and temporary development/construction ottices shall be permitted in conjunction with the promotion ot the development. 3) B) .3.1.. ..rait~.d Ace...ory 0... and struotur.. 1) Clubhou..., pro ahop, practice drlvinq' ranqe, and oth.r customary ace...ory u... ot qolt cour..., or other r.creational tacilitiee. . 2) Small commercial establiehments, inclUding gitt .hops, golt equipment salss, restaurants, cocktail loungas, and similar uses, intended to exclusively Worde .151"\1811 'hrel:l9ft ar~l~I~; WOrd.,~ _ lJ4:JFlC[353 are added. -.....-.-.--. - ~ . " .. . , ' .-' '" ".. '" -.... , , 'r' ,~ . . . " . .' . ,~ - ~' ~ l- . . 'fro ,~. ," , ~, . ...;,;.',--, ~'\~" ,,' .~... . ,-,>>-, , , .' " - - - rL~ I 1/tb 0 30 ~ ..rve patrons ot the golt cours. or other p.rmitted recreational tacilitie., .ubject to the provisions of the applicable supplementary regulations of the Zoning Ordinance. 3) Shutfl.board court., t.nni. court., .vimming poole, and other type. of facilitie. int.nded outdoor recreation. , for 4) Roads, pathways, acceBsory uses and structur.. customarily associated with the permitted u.., including but not limit.d to utility etructure., water management tacilities, etc. A meximum ot two (2) re.idential units in conjunction with the operation of the 90lf couree e. determined to b. compatible with the adjac.nt zoning as determined by the Administrator. C) Pla. Approv.l R.quiram.ate 5) A aite plan ot the golt course and its related 'acilitiee shall be subaitted in accordance with Section 2.05 ot thi. docuaant. The p.rimetar boundarie. of .uch plena .hall be recorded in the same manner aa a subdivision plat either betore or atter const.ruction. A '1-.03 paoPlIIln DBVBLOPKBII'1' RBCllILa'fIO.S A '1-.03.01 a...r.l a.quir....t.: A) , Overall .it. d..ign .hall be hermoniou. in t.rm. of l.nd.caping, .nclo.ur. of structure., location of ace... .~r..t.. and parking ar.a. and looation and tr.ata.nt of butt.r ar.aa. B) BUilding. .hall be ..t baok a minimum pf tifty (50) fe.t trom abutting re.id.ntial districts and the .etbaok ar.a .hall be appropriat.ly land.oap.d and maintain.d to act as a buffer zone. No parking vill be allowed in the buffer. A '1-.03.02 ...iaua ..iqht of struotur.. Thre. (3) .tori.. ov.r parkinq. .1C'l'IOIl' IILnlllll S.ction VIII, RECREATION AND OPEN SPACE\PARK, of the Planned .. unit Developm.nt Document for The Vin.yards of Naple., Ordinano. 85-15, as amended. is hereby amended to read as tallows: .045rm354 , Word. 8'....11 ~t,\. .' , " ,~'>: " 'I~ .', .. -,- ., . Ta:~\)' . '\I"l-r't. . _. __uo___._. _hr.~~ are d.l.ted; words ~ are added. 000010 . ~(L-(L 11 'lJIf lD 1k P D I 9 5 -I , . ,4 . . Of~e of the President Nlichel Saadeh . ,",--, Vineyards February 27, 1995 RECEIVED FES 2 8 1995 pl)lNNlNQ 1Ef'I~ , Mr. Bryan Milk Collier County Development Services 2800 North Horseshoe Drive Naples, FL 33942 RE: PDI Amendment Vineyards Master Plan Dear Bryan: Please find enclosed 11 copies of an application for a Master Plan Amendment along with 11 large copies and 3 reduced (8'/2" x 11 U) copies of the current master plan, Also, find enclosed 11 large copies and 3 reduced (8W' x 11 U) copies of the revised master plan, a copy of the PUD document and Vineyards Development Corporation's check #016996 to cover the associated fees. .. As stipulated in the application the site has always been intended to be used for residential purposes and was platted originally as part of theVineyards Country Club. Associated club facilities were built on the site along with temporary utility facilities, Those facilities were later dismantled to hook up to the County system. The site has been abandoned since and needs to be brought up to current zoning and market standards, Thank you for your cooperation and assistance in processing this application timely, If you have any questions or need additional information, please don't hesitate to contact me, Sincerely, ~\Q.hJ S~~ MICHEL SAADEH, President & CEO .~ 000011 ,'-'-' Vineyards Development Corporation 98 Vineyards Boulevard Naples, Florida 33999 Telephone: (813) 353.8828 or (813) 353-1551 Telefax: (813) 455-5057 , ..._-'-_._-.._-.'.......~,~..>._,...-. '" - .. ~ ~~IO ,~ 1k , " PETITION NUMBER PDI95~1 DATE 'f] APPLICATION FOR INSUBSTANTIAL CHANGE 2 1995 DETERMINATION TO PUD MASTER PLAN Alhfi3 8 PUBLIC HEARING BEFORE COLLIER COUNTY PLANNING COMMISSION p~ ~ COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES L Name of Applicant(s) VINEYARDS DEVELOPMENT CORPORATION Applicant's Mailing Address 98 Vineyards Boulevard City State FL zip 33999 Naples Applicant's Telephone Number: Res.: Bus.: 353-1551 Is the applicant the owner x Yes of the subject property? No ---- (a) If applicant is a land trust, so indicate and name beneficiaries below. x (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. JOSEPH PROCACCI MICHAEL PROCACCI Owner/Stockholder Owner/Stockholder/Chairman of the Board MICHAEL SAADEH President & CEO (If space is inadequate, attach on separate page.) 1 .' 000012 2. Name of Agent MICHEL SAADEH bCLr~f-, r D , ,/WlfO u--- 1ft Firm VINEYARDS DEVELOPMENT CORPO. . , . Agents Mailing Address 98 Vineyards Boulevard City Naples state FL Telephone Number: Res.: Bus. : zip 33999 353-1551 3. PUD ORDINANCE NAME AND NUMBER: 91-75 Amended August 13, 1991 THE VINEYARDS OF NAPLES 4. Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). Refer to Amended PUD Master Plan. 5. Provide Written Description of Map Change The site, 10.5 :t Acres, was originally labelled Golf Course to accommodate 3 temporary utility facilities. Such facilities were dismantled several years ago and now the site needs to convert back to residential use. .(If space insufficient use attachment) 6. Provide Current PUD Document and Master Plan. Yes x 7. Provide Amended PUD Master Plan. Yes x 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: x Yes No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO 10. HAS ~RTION OF THE PUD BEEN YES t'SQLi5) AND/OR ~ELOPE ARE ANY CHANGES PROPOSED FOR T~EA SOLD DEVELOPED? Yes. ADDITIONAL SHEETS YES AND/OR X No. IF YES, IF NECESSARY) . N/A DESCRIBE: , (ATTACH , 2 .- 000013 '"~"'_'..~,-~-,..-.~.. -- AFFIDAVIT '" ~u(O \IV~ .. We, MICHEL SAADEH being first duly sworn, depose and say that I am are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. SIGNATURE OF OWNER , I TURE OF AGENT SWORN TO AND SUBSCRIBED BEFORE ME THIS 191!:J -M oJ. 7 DAY OF f€~ ~./ // MY COMMISSION EXPIRES: /~llrt PUD INSUBSTANTIAL APPLICATION rod /)>')))),)~i))>::>>~y;.);))~~)>>)))~,);.: > ;:'))))))))))))'l 'j 'UrF/ClAL.I'IO'rA"''' ::,1: ^L" Y , . "r ,..... t. \~ ) SANL'R."_A WALSH ~.: ; Not,o,',' i:>~b:ic, 5~a(e of FllyjdJ .<, '~ CG'-,'rr.r~,<:r I.!O_ CC::"7558 ~< , MyCIJ1.,,,,,,,;-,.,L:,.,,:.~, l'n'196 ! . ,'d' ...., . ~,'.J",_, ~I~ ':..~ . Bonded ThrD'.I.'" _.': ",:,~u:, 2~rvice& Bondin!;Co. ,'( ,) , .', ~, '.,'-'t^<;iV ;~ _\ ' .~""..' >'.'. ~'''' v ',;Nlh?/lJ?l/,;' '".- '.',', '-'. _ ,'/.', ~ '~';'}l))?ll; "n/ ,t "'.,..-, 3 . OOOOH 1 ' I .; , AGENDA ITEM 7-C MEMORANDUM eu-/~ ,/lltIIO f , . . , TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: MARCH 8, 1995 RE: PETITION NO: PDI-95-1, VINEYARDS PUD OWNER/AGENT: Agent: Mr. Michel Saadeh Vineyards Development Corporation 98 Vineyards Boulevard Naples, Florida 33999 Owner: Vineyards Development Corporation Michael & Joseph procacci, Stockholders 98 Vineyards Boulevard Naples, Florida 33999 REQUESTED ACTION: , . The pet~t~oner Plan, Exhibit Interstate 75, seeks a "A-2" , Tracts minor revision to the Vineyards Land Use Master for that portion of the Vineyards east of U and CH, consisting of 32.24+ acres. GEOGRAPHIC LOCATION: The Vineyards PUD is located between Airport-Pulling Road (CR-31) and Golden Gate Estates, north of pine Ridge Road (CR-896) and south of Vanderbilt Beach Road (CR-862) in Section 1, Township 49 South, Range 25 East, and Sections 5, 6 and 8, Township 49 South, Range 26 East, Collier County, Florida, containing approximately 1,925.4 acres (see location map on following page) . ~URPOSE/DESCRIPTION OF PROJECT: 'The purpose of this petition is to amend the Vineyards PUD Master Plan east of 1-75. The amendment brings forward an insubstantial change to the golf course designation (Tracts U and CH) consisting of 32.24 acres. Approximately 21.74 acres of the site is being utilized for the clubhouse, recreation amenities and golf course maintenance facilities. The remaining 10.5 acres is an abandoned utility site (sewage treatment plant), proposed for residential use. The petitioner wishes to amend the golf course designation to exclude the 10.5 acre utility site and convert that area toa residential designation. The proposed amendment does nothing to , , and PUD boundary, nor does ~t ~ncrease commercial square footage. change the existing open space the residential density and/or -1- - 000015 :nvosClllON / ~ --- . . 1~6 '11-;) I~B .If:! . ~ . Q . . . Q , . . ~ . 0 N U W . , . , N t- N N . ~ , , N <>: . . , , " 0 . " 7 < . - . , 0 , . >- 0 . . t- o U 0 N . . < Z . .i . . . . w ~ .^ N . -. 0 ~ . .. . N . . . --' . . - .. - . tz 0 . , N . , '0 N c... . wO , UO , " . > , N' 0 ~!< u <( 00 CIlMTlflO&.....Wl , , "'0 x: "-~ . .Q!\1&YlIY&lf'f&Y1NYS ". I' Z 0' . . . . . Q . O. - . 1 - - " . . 0 . '" N N , U . .' N . ~ , , . .r , , '. , 0 , , - 0 " ~ . .~ . St-3.!Y1SlalNI MlI~NUNIlN 0 ii. ~ ., U ~f' ~ . .- 0 .- - . . 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IO<..C"...... lO., .."l.....""... le-"UTI - EXH1IlT ,1.,-2 ,'.'....,..' '1'1..,.... 1>0.......... c......".. ......,..." ..th.. .'"~, ...... '.0 ....... B-1 -,- '- IR) CR .......... ....-......... _._..r=.....:U-.r~.~ .f.-...-.:."'-....;...., -'-_~.-~'.rl':o-, :,.'" ;F-.......~!'.~_.:..:~ ~;-:;,;...;..:"'-~,:<.,~-. !_'o;_.:_._..: _....~... .-:-r.... .~.-_.._u.._. g.h,:A..U', D......'_.).. ..... ROAD C.Jl. IN 000017 E YI R R ~\O \\~ , . . , YA_ ....., B-lACH .~ I L I /1, ./ ("" B-2 p R - - ~,- ..- ---. ,.......... ~,.lI.Ot B-1 R . . . I . .'=-- ~ .- ~' . GC R . . . . . . . . > B-2 . . . . . . . . . lAMe U I( IUIIlIl.l'lT I ! . . . . " . . , , ~ , " , H.."., '., ,- _.,u, ......H.C'" .... ........, .. ...... '11'- -" ,.,t ....l.....Q I( ...... __'11 ~ . R R B-1 -,- .- (R) ~:::;::;.tf.J) 1 9 5 r.. '_"'C ......." ","""" .11......'" - ....... RECEi CR FEB 28 ,D. ~' 0."..\010..1 .' ,.... ... ......~hll."" ~ch:~""I,I~ "- "DC< ROAD C,,"- I.. 000018 f;Jta- SURROUNDING LAND USE AND ZONING: ~ Existing: Uses within Tracts U and CH include the Vineyards clubhouse, golf course facilities, pool, tennis courts and fitness facility. The 10.5 acre site where the temporary utility facilities existed is undeveloped. . surround~ng: All of the property surrounding Tracts U and CH are within the Vineyards PUD. Property to the north and east is designated golf course and related facilities. Property to the south is a developed mUlti-family neighborhood (Bellerive) . Vineyards Boulevard parallels the site's western property boundary. GROWTH MANAGEMENT PLAN CONSISTENCY: The amendment does nothing to change the intended use of the property. The subject property was, in essence, rezoned to permit a mixed use development. The amendment keeps the intended use intact but is necessary because of revisions to the PUD Master Plan. This petition does nothing to increase dwelling units or increase commercial square footage. The subject project area east of I-75 was and remains , , 1,370.4+ acres ~n s~ze. The amendment does nothing to change the relationship of the proposed development to the Growth Management Plan. Infrastructure and traffic relationships have been reviewed, and reviewing personnel have advised that no level of service will be affected to the extent of an inconsistency with the GMP. Staff is therefore of the opinion that approval of this petition would be consistent with the goals, objectives and policies of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. They have recommended approval subject to appropriate development stipulations that are consistent with the Land Development Code and Growth Management Plan. Staff has determined that no level of service (LOS) standards will be adversely affected by this request. -2- 000019 (>-y~ ANALYSIS: staff has reviewed the criteria for determining an insubstantial change to the PUD Master Plan at Section 2.7.3.5.1 of the Land Development Code. In the opinion of staff, none of these criteria are abridged by an action to approve the Master Plan redesign. A response to each criteria is as follows: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No. b. Is there a proposed increase or intensity of land use development? . l.n or the total number of dwelling units height of buildings within the No. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of 5% or 5 acres in the project area of the subject change. No. The Vineyards PUD Master Plan provides approximately 750 acres of open space on-site, independent of the open space provided within existing residential and commercial developments. Tracts U and eH are designated as golf course and combined are approximately 32.24 acres. Presently 21.74 acres is being utilized as clubhouse, recreation amenities and open space. The remaining 10.5 acres is an abandoned utility site, proposed for residential development. Residential development within this area is required to provide 60% open space throughout the project area. Therefore, the proposed amendment will not decrease the amount of open space in excess of 5 acres. d. Is there a proposed increase in the size of areas used non-residential uses, to include institutional, commercial industrial land uses (excluding preservation, conservation or space). for and open No. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation? No. 000020 -3- (1 -~ ( 1J.Il~o --;A f. will the change result in a requirement for increased storm water retention, or otherwise increase storm water discharges? No. g. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. h. Is this Element . 1ncrease modification in compliance with the of the Growth management Plan? Does the density or intensity of the permitted Future Land it propose land uses? Use to Yes, it is consistent; and no, it does not affect density. i. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida statutes, where such change requires a determination and pUblic hearing by Collier County pursuant to Sec. 380.06(19), F.S. Any change that meets the criterion of Sec. 380.06(19)ge)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier county under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. Because a Notification of Change pursuant to the DRI process was not required, there are no issues pertinent to the Development Order. staff is of the opinion that the revised PUD Master Plan is of an insubstantial nature and may be approved by the Planning Commission. STAFF RECOMMENDATION: staff recommends that the CCPC approve Petition PDI-95-l, Vineyards PUD, for a revision to the Master Plan as illustrated in the attached Resolution of Adoption and exhibits thereto. 000021 -4- _.- ..,._~._-_.. ~--~~.." _...-.'~.._-'- . PREPARED BY: "I .1 "'11 . \ \ "l' :'~" :...,-,\ '- '- \ \ \." ,\.~. '-- ~ . i ~ ""- BRYAN ~LK PROJECT ,)pLANNER Q/ ~CL1\~() \\1Jl~ - ,,1-', :.-\~ DAT~ ~' REVIEWED BY: , , . ' /-\ L-.. (_ l---. ~ , \ . DONALD W. ARNOLD, PLANNING SERVICES }.{ RICHARD R. CLARK ACTING COMMUNITY DEVELOPMENT ROBERT J. MULHERE, AICP PLANNING & TECHNICAL SERVICES '" I~_, AICP DEPARTMENT e~~ DATE MANAGER ---~......, DATE DIRECTOR SERVICES "5 -/(9 -~ DATE ADMINISTRATOR Petition Number: PDI-95-1 Staff Report for April 6, 1995 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: , , ,- , ~., , , " MARY LEE LAYNE, CHAIRMAN PDI-95-1 STAFF REPORT/md 000022 -5- . ~~ 1/1Jll1o 1" COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 33942 (813) 643-8400 A CERTIFIED BLUE CHIP COMMUNITY CURRENT PLANNING May 4, 1995 Mr. Michael Saadeh, President & CEO Vineyards Development Corporation 98 Vineyards Boulevard Naples, Florida 33999 REFERENCE: Petition No, PDI-95-1, The Vineyards Dear Mr. Saadeh: On Thursday, April Commission heard and 6, 1995, the approved Petition Collier County No. PDI-95-1. Planning 4It A copy of CCPC Resolution No. 95-12 is enclosed approving this use. . If you have any questions, please do not hesitate to contact me. Very truly yours, V'Actt Bryan M , ProJect BM/bk/doc:14229 cc: Sandra Martin, Land Appraiser Engineering Review Services M. Ocheltree, Graphic~ Minutes & Records (BD, PSP & PD!) File Enclosure .0..._."",,,._,__,__,,_,,,,,,____ ._.__ - 000023 .". '~.,..'..~-..-..- ."~", ' ..--." _. -_. '-"'-"~~'-----'-"-'--- . . rvl:~ ~.l(O G POI RESOLUTION NO. 95- 1.2 RELATING TO PETITION NUMBER PDI-95-1 FOR INSUBSTANTIAL CHANGES TO THE VINEYARDS PUD MASTER PLAN BY CONVERTING LAND USED FOR TEMPORARY UTILITY FACILITIES BACK TO RESIDENTIAL USE, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legi~lature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, and . WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUD's in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of npprovinq PDI-95-1, for insubstantial changes to the Vineyards PUD Master Plan for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and ~ WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled, and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of col lj~r County. Florida, th~t: The petition filed by Michel Saadeh, representing the Vineyards PUD, with respect to the property hereinafter described as: Exhibit "AU ~ 00002'~ . ~.. '.-- ."_....-..,..- -, _..'.'''_N_____...~.._.'......._.___.. __ . ._~._ ,_._._. .~,_.'... .____, . .....,,......._.___~M_... -.. ,---~----- . ., . JJn;~ IVt/udtO Plan l' . be and the same hereby is amended by replacing the current Master (Exhibit "A-2") with a new Master Plan (Exhibit "A-I"), which hereinafter becomes the official Master Plan to the Vineyards PUD, Ordinance Number 85-15, as amended, subject to the following . , condltlons: -'. A) Building heights shall be limited to two stories or twenty- five feet, B) C) Buildings shall be limited to four dwelling units or loss. A pedestrian access shall be provided from the northern most end of Bellreive sUbdivision to the Vineyards clubhouse thru the new proposed development. The site development plan for the proposed development shall delineate the access way. D) Landscaping shall be provided on-site in accordance with Division 2.4 of the Collier County Land Development Code. BE IT FURTHER RESOLVED that this Resolution relating to Petition . Number PDI-95-1 be recorded in the minutes of this Commission and filed with the County Clerk's Office. , " PlannIng CommIssIoner Mr. Davis offered the , foregoing Resolution and moved for its adoption, seconded by Planning , , . . COtnm1SS1oner Mr. Pdddy and upon roll call the vote was: AYES: 8 NAYS: 0 ABSENT AND NOT VOTIIIG: Mr. Budd ABSTENTION: Done this 6th day of April , 1995. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA . ~'-(# ~'- ~7"=.- MARY LEE YNE, HAIRMAN u{ SERVICES ADMINISTRATOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: . "'ll'Ja..~ Ul .tJtz.u:U-td::. MAAJoR.tE"I.r~ STUDENT ASSISTANT COUNTY ATTORNEY PDI-95-1 RESOLUTION{lgk{13642 000025 _~'_~."M__"" _... _'__~~''''''''''-,,''n,._''.u_ .". .".....~...;. -,......-.-,-."'.-...-... . --.....- - . . -, . section Florida. 5, Township 49 South, Range 26 containing 727.7 acres, mo~e East, Collier or less. . . Section 8, Township 49 South, Range 26 Florida less and ,except Interstate Highway Parcel 121. (O.R. Book 907 Pages 637-643). ~cres, more or less. , A parcel of land located in Section Range 26 East, Collier County, particularly described as fol!ows: 6, Township 49 South, Florida, being more . , Begin at the northwest corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence run S 89'55'59" E, along the north line of the northwest 1/4 of said Section 6 for a distance of 2644.09 feet to the north 1/4 corner of said Section 6; thence run S 89056'20" E, along the north line of the northeast 1/4 of said Section 6 to the westerly right- of-way line of 1-75 (State Road No. 93) as the same is shown on the State of Florida Department of Transportation right-ot- way map for State Road No.9) (1-75) Collier County, Florida, section 03175-2403, sheet 1, and a point on a circular curve concave to the southwest, whose radius point bears S 80010'18" W a distance of 7477.44 feet therefrom; thence run southerly along the arc of sa id curve to the right, and along said westerly right-Of-way line, having a radius of 7477.44 feet, through a central angle at 09009'52", subtended by a chord of 1194.74 feet at a bearing of S 05014'46" E, for a distance of 1196.01 feet to the end of said curve; thence run S 00'39'50" E, along said westerly right-of-way line, for a distance of 1457.77 feet to a point on the north line of Ridge Farms subdivision, an unrecorded subdivision; thence run N 89'56'34" W along the northerly line of the said Ridge Farms subdivision for a distance of 923.13 feet to an existing concrete monument marking the northwest corner of Tract 50 of the said Ridge Farms subdivision; thence run S 02'24'57" E along a westerly line of said Ridge Farms sUbdivieion to an existing concrete monument; thence run S 01'13'04" E along a westerly line of said Ridge Farms SUbdivision for a distance of 1)7.19 feet to an existing concrete monument; thence run N 89D54'34" W for a distance 0,( 3"",1>0.66, teet to a point on .t.he west line of the southwest 1/4 of said Section 6; thence run N 01'13'58" W for a distance of 137.58 feet to the west 1/4 corner of said Section 6; thence run N 02022'41" W along the west line of the northeast 1/4 of said Section 6 for a distance of 3171.05 feet to the point of beginning, containing )58.263 acres, more or less; , ,I , ., , AND . The north 1/2 of the northeast 1/4 of Section 1, Township 49 South, Range 25 East, Collier County. Florida. and the north 1/2 of the northwest 1/4 of Section I, Township 49 South, Range 25 East, Collier County, Florida, less the west 100.00 feet thereof, containing 196.695 acres, more or less; AND A parcel of land located in the south 1/2 of Section 6, Township 49 South, Range 26 East, Collier County, Florida, being more partiCUlarly described as follows: - Exhibit "A" - 000026 , -'-.,.' -- 'M__."".""L~ ..,,.._,.._, '_,. ........-...' ~"'__ --. . ...........",. ._-,. ._"....-.~,_.._,-_.__.._._.._.__..._.. - .."'"-~ -. . . . . . ,.~, ,.,~..- I'll'" -'1" e SOU wes corner 0 Sect on 6, TownshIp 49 South, Range 26 East, Collier County, Florida; thence run N 01013'58" W, along the west line of the southwest 1/4 of said Section 6, for a distance of 1980.00 feet:; thence rUn N 87035'44" E for a distance of 2607.64 feet; thence run N 01"13'58" W, para.11el with the west line of the southwest 1/4 of, said Section ,6, for a distance of 945.56 feet to a point on the southerly line of that parcel of land located in said Section 6 as the same is described in O.R. Book 1481 at Page 1852 of the PUblic Records of Collier County, Florida, said parcel being shown on the Hole, Montes and Associates, Inc. boundary and location survey, having drawing no. A-365, sheet 3, dated 10/26/89, and the point of beginning of the parcel of land herein des.cribed; thence rUn S 89054' 34" E along said southerly line for a distance of 939.91 feet; thence run N 01017'22" W for a distance of 2.21 feet; thence run N 89055'51" W fora distance of 939.90 feet; thence rUn S 01013'58" E for a distance of 1.87 feet to the point of beginning, containing 1,917.4 square feet, more or less; I(ct if< AND A portion of Section 8, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of Section 8, Township 49 South, Range 25 East, Collier County, Florida; thence along south line of said Section 8 north 89'34'44" east 1557.48 feet; thence north 00"25'16" west 54.00 feet to the north right-of-way line of Pine Ridge Road (C895) and the point of beginning of the parcel of land hereinafter described; thence north 00025'16" west 125.40 feet to a point on a non- tangential curve;, thence along a curve to the left having a radius of 135.00 feet a central angle of 21044'22" an arc length of 51.22 feet and a chord which bears north 79033'09" west to a point of tangency; thence south 89034'44" west a distance of 344.06 feet to a point of curve; thence alpng a curve to the right having a radius of 470.20 feet a central angle of 22011'05" an arc length of 182.06 feet and a chord which bears north 79019' 22" west to a point of tangency; thence north 68"14'11" west a distance of 225.30 feet to a point of curve; thence along a curve to the right having a radius of 465.00 feet a central angle of 53.17'19" an arc length of 432.48 feet and a chord which bnars north 41035'31" west to a point of tangency; thence north 14"56'52" west a distance of 505.21 feet to a point of curve; thence along a curve to the right having a radius of 965.00 feet a central angle of 15009'09" an arc length of 255.20 feet and a chord which bears north 07022'18" west; thence north 89047'43" west a distance of 107.28 to the west right of way of 1-75; thence south 14056'52" east a distance of 789.56 feet to a point of curve; thence along a curve to the left having a radius of 1065.92 feet a central angle of 17006'58" an arc length of 318.42 feet and a chord which bears south 23030'21" east to a point of compound curve; thence along a Curve to the left having a radius of 109.82 feet a central angle of 49015'16" an arc length of 94.41 feet and a chord which bears south 56041'28" east to a point of tangency; thence south 81"19'06" east a distance of 103.44 feet to a point of curve; thence along a curve to the right having a radius of 210.00 feet a cen1:r1!,l angle at 72"43'2.'\,.l\',~c: length Of26~"l?~!".,;t"~~"'~ll'_1." 'chord which bears south 44"57124" east; thence south ll6.30'041lJ"-, east a distance of 172.41 feet; thence north 89034'44" east a distance of 472.50 feet to the point of beginning, and containing 4.76 acres more or less. . . 000027 .._w._.._..__,.~_.___"...._ '-'."'-'"_"'_'__.'~"""""""_'r .....~, ,~..... .._,=-..__._...~.... .-.---... -""--.---~.- .........- _'_~"~___,M__'_ . .. I , I i .. , . , . . I I I . - .. . .. - . - .. , .. . , , I I J ! I . . ';',. ,i,:, ')1" "'1"'-/ ". ._..~." 'f '. "'I!., ,_, _ " '~" . . ", ' ,H,.,_ " '~, ';"',. , II' '. 'I." ,I "-, -,' ,.. . ;',' ' id , .. , , ---- --.--... .-- I ' " I v. II "'CM T,.9.0 ---.- - '" ';:~,I,:~;.- .:-. :'1~jl'-~- .. ;",)1 ,c , ,1[',' I', "'-' .: 'I, I -i"- I , , :t I p " 'I' , , I rl -.-.. ~.- ",' " I " -....- !l. ~'~_ /~' II \ ,,8-3 , I i l' I), Iilf .. ~ ~ 'I J' : I I I ..,ft- ! .-1~" GC I II II .; - .... - . ,-,,' " , " \ I: , ! II I \ ~ , I I , , ..- " II r.c , '. II -; ~ . R,1 , -::';;I (f'2-> .c:::::) \~~~ rl,.' -~:., :~ ~ , , . .. \>~:/ , , ..:' \"J \ All' ~ I ' \'!' (i i I I . . . . , . . I . . . . " . . K " , . I . I , il 'I, , , I I \ , p -I "",' _~ I . "'~--' o - -'" #" f' I R v II \ 1.1 \ .-- ',\ "-'-.-- ,', 1--. . - , -- . R ,. v. ,,~\ '~ '. ,- ._--. --.._~- 1'1 \1 i , -, , I i 'Tl . , . (, J -'- I 'l' "'1' ..J .'" I ....-- I ~~o:.o__ I I " , Ii I., I' II FES 215 !e15 'II ~8EI'i\.b" I: I u..aWUI'J_u!!r I ::.:'::::::: i I ~,. ".j, ~".I"~',. II '"U '00"'_', I j I I 1)1"11 .... ;-.... - .' ..;' :) ...t ........ ..~... ..-.... ~ 'i#L~j' ~~'...~-",.,,-..... ." ~.f. Pl.ID MASTfRI'LAH ChU.lt... J I I , ......u.., I ................................1 - (I - I . -'- "- .......... ."....."... I..... ....... . ~ ,., "';)~J~J I - I .. I ~~:., , -,." , en , '--' , /1 I .,; -!I , f....'~.'l " .,~rM :. . ',,- , , ',\, -'i.... ....u.. J ,'........_.... I ------ '- .------ - ----.-..- ..",.. "O.D t; lIlI ... . ---- - ---.-.- --~ - -....... -,.",..~-----. -.-.,..-.~..._.."._;,.....-- ...---.--.. .~ --~-,-_._-'..... .-....- -, .., ___~.~_._......,.._ "",,,. k_".<. .. -..-'-........ ......"..._~..- ... ....,., 000 ...8 ., ." . . .~... ....... :n\~:.~f~~ir": '~~l'i~i; ,c ~~~ .,~.,. :[~L~t~ ' ~ ."........" , "--" , PUD MASTER flAIl (HIl.ltA_\ .........D "1 9 ;) .........f.l...W, .-...,.,........ .......... ,.....il'ec'tl . " 'WAtIb..".., " :::4: IU .oleH l' -'.-. " . .. .- , , , , , I , , :\ " , I I , ! I r I \I' I' p I , " , , , , , fi , , I ~. .,- f. . ---.. - ..-- , "......- --. ~"I' . . " ' ",': ,.Ar' , ' " I VI I I , I , I! , , , , , , , I , " , I . . , .' ./ " "oj" oil ,',r , II ill' J: ill "II , , i'l' , r .' I' , R R , , \ , , , Ii j l , , " , .. , . .:.~'G("-' . . .. - ..... - . . . . I , '!II GC r, , r , , i I .. II . . . . . . . . . !l.:?- . . . . - , . . , I: I I . I: . " . . I ;' ',,'" ,........ , "j' ," ",... "j t. .,-,.1." . ,", ,'. !,' '.;' ..' ..... " -;""< "~Co' * -:~,:~:.. ." , ':" .' , , , I v . . . , " / I! II \\ \ . . . , ,- ,~ . If 1 -- , I, I r , I .' '-"- ..- '"' . CR "'- }?:~/:7">;:i " ....,....,.'. " ,". ......-- ....o.:'..."...... .-.....-...:-.,....... " ' ." " 0..._._ ~ D4..:.....~Nl es _. ", --<--- --......-..:. '0,-" c. ... "- """'" " .,,--~--- .~ '...... .__ '-4 ~.... _._,,~., --.,.-.--......-....-.-.---... . - ","-~...,..~._.. '-..,..' ,."' '_"_""~.'. ~~'4 n._....,.. , \ ~.r-..l , , ' , "r' .' I, I -'- -r,-~J , ,l "'I J ;-;~ Lc ..",_..1 II' 00--. I - ._ I ...........,~"'- - ~- I I : I II , I , I , I , I I' I! I I 1 1 lAtlillUlllO'...... ,.. , I , , I I I I II I "....~.... c Ooco..~c,.. ....~ .'." ,...... -". .... .....co...... '''I fE.B '2. 8 .0 15 -- /jV MEMORANDUM TO: Board of County Commissioners FROM: Jeffrey A. Klatzkow, Assistant County Attorney THROUGH: David C. Weigel, County Attorney DATE: January 23, 2006 RE: Variance Law - General Principles The following is a discussion of general principles of Florida variance law. As variances are the product of local government zoning ordinances, Collier County has discretion in applying these general principles. A variance is a relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon finding that the enforcement of the ordinance as wTillen would inflict practical difficulty or Ulmecessary hardships on a property owner, See Board of Adlustmel1lQLCitv of Ft. Lauderdale v, Kremer, 139 _;>0, 2d 448 (Fla,_ Dis!. CL,-AmL__2d DisL19(2). Under most zoning ordinances, the authority to vary the application of the zoning regulations is limited to eases of unnecessary hardship, Thus, in order to authorize a variance, it must appear that, among other things, the literal enforcement of the provision in question would involve or result in unnecessary hardship to the applicant. In order to place in motion the exercise of the variance powers of a board of adjustment, the applicant must show that a strict applkation of the zoning ordinance will produce a unique or Ul1l1eCessary hardship with reference to the applicant's parcel of land. See Herrri.;;phere Equitv Realty C(),. Ine, v. Ke\' l~iseaYne Property Tax12ilyers AS$'I), 369 So, 2d 996 (Fla. Dist. Ct. A12p. 3d Dist. 1979), "Unnecessary hardship," as used in a zoning ordinance, and relating to variances, usually means that the difficulties or hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar to that particular property and not general in character, because difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally and will not support a variance. If the hardship is one that is common to the area, the remedy is to seek a change of the zoning for the neighborhood rather than to seek a change through a variance for an individual owner. See Nance v. T"wn of Indialanlic, 419 So. 2d I 04J1Fla, 198J1 For purposes of supporting a zoning variance, a legal hardship will be found to exist only in those cases where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning regulations, See Herrera v. City of Miami. 600 So. 2d 561 (FIa" Dist. C;h.fillp, 3d Dist. 1992); Bemard v. 'rown COUI1~iLQ.LJO\vn ofPglm Bcach, 569 So. 2d 853 (Fla,[)ist. CL AmL4th Dist. 1990). In seeking a variance on the ground of a unique or unnecessary hardship, a property owner cannot assert the benefit of a self-created hardship. See Clarkc y, \lorgan. 327 So. 2d 769 (Fla. ] 97;51; Town of Ponce Inlet y., RancourI. 627 ;>0, 2d 586 (Fla. Dis!. Ctt:'ill1L2th Di~t. 1993); ~laturo v~Cily ofeoral Gables. 619 S",2d 455 (Fla. !Jist. Cl. J\Qp, 3d_Dist. 1993). Stated differently, when the owner, by his or her own conduct, creates the exact hardship that the owner alleges to exist, he or she should not be permitted to take advantage of it. 0000 3 'J EXHIBIT E , , ,,'- 1995 AERIAL SHOWING BERM AROUND FORMER UTILITY SITE r _' - ,~_...,.._,~___"".._,_,,,..,.._,, ......- .__ H__ tit /IJr 000031 . , o . o 0 o . , ....... z , o 0 " :I: U ... U < '" ... " o . , , ! \ , ::0" " .c E-<"< U r~ <I; ~'" 11::"';:' E-< i"~ .. ,,'" " " " ~\O ( '1 " ! i I , / I i 1 ! I ! 1 If I G I... (~ \ '- ~- ~- . , \ , \ \ "' , . . , " . . , . , !. , II 1 , , ~ ~i ~ , I~ 0 . 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C Il) S 0.. .- s.. u.:i 000034 -, Rxk~ 'Itulw ~ 1Pr . er County 1'- "~ :,-'"1l_:1 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 17,2009 SUBJECT: PETITION VA-PL2009-1460, VINEYARDS MAINTENENACE BUILDING PROPERTY OWNER/AGENT: Owner/Agent: Michel Saadeh Vineyards Development Corporation 75 Vineyards Boulevard Naples, FL 34119 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a 34.6-foot Variance from the required minimum 50-foot setback of structures from abutting residential districts, as provided for in Subsection 6.03,Ol.B of the Vineyards PUD, Ordinance No. 91-75, to permit the construction of a golf course maintenance building; and a 10-foot Variance from the required 10- foot wide landscape buffer of Subsection 4.06.02 C.I of the Land Development Code (LDC) to eliminate the buffer required immediately adjacent to a residential zoning district. GEOGRAPHIC LOCATION: The 1.21-acre subject property is located at 400 Vineyards Boulevard, in Section 5, Township 49 South, Range 26 East, Collier County, Florida (see location map on the following page), PURPOSE/DESCRIPTION OF PROJECT: ,..-- The applicant is seeking to permit the construction of an approximately 9,000 square-foot storage/maintenance building at the Vineyards Country Club's golf course operations facility to house lawn mowers, tractors and other golf course maintenance equipment. According to Ordinance No, 91-75, Subsection 6.03,Ol.B, however, any structures located within the "Golf Course" designated areas of the PUD must be set back 50 eel from VA-PL2009--1460, Vineyards Maintenance Building EXHIBIT Novemba 30, 2009 ~ Page 1 0[9 ~ 000035 --...-,------.-. abutting residential districts, and the setback area [must) be appropriately landscaped and maintained to act as a buffer zone, "' Because the proposed maintenance building would be located in one of the development's Golf Course tracts and only 15.4 feet north of the Clubside Reserve condominiums, a Variance of 36.4 feet is being requested for the southeastern corner of the building, A Variance from the required 10-foot buffer width is also being requested so that the requisite plant material could be located on the northern side of the existing golf cart path adjacent to the southern boundary rather than immediately along the southern boundary itself. As shown on the Conceptual Site Plan on the preceding page, entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by Coastal Engineering Consultants, and dated October 2, 2009, the proposed building would be located 70.6 feet south of Vineyards Country Club Drive and buffered from this roadway by a vegetated 50- to 65-foot varying width berm that extends from the property's asphalt access road on the east and terminates on the adjacent parcel to the west. Owing to the location of this approximately 400-foot long berm and the irregular shape of the property, the maintenance building is oriented in such a way that its southeastern corner sits a mere 15.4 feet from the abutting residential district to the south, Otherwise (if the required 50- foot setback of the PUD were respected), an enormous swath of the berm would have to be excavated and its 15 years of established landscaping removed, An existing asphalt golf cart path is located within this proposed 15.4-foot setback yard, and the future building would be separated from the multifamily residences to the south by an overall distance of approximately 55 feet, which area includes an existing eight-foot high masonry wall and a mature, approximately 16-foot tall Type B buffer comprised of Queen and Pauroitis palms and Japanese privet (see photo on page five). This butler would then be augmented by fourteen canopy trees in minimum, 10-foot wide buffer strips on the northern side of the existing golf cart path rather than immediately adjacent to the wall, as is normally required, All other design standards for the proposed building and site would be met. AERIAL VIEW OF SUBJECT PROPERTY VA-PU009--/460. Vineyards Maintenance Building NO'remher 3(), 2009 Page 2 oIY 000036 SURROUNDING LAND USE & ZONING: keG+ ifzu ftp 1A" North: Vineyards Country Club Drive, then open space of the country club parcel, zoned Vineyards PUD The Vineyards Tennis and Swim Center, zoned Vineyards PUD Multifamily housing, zoned Vineyards PUD An existing golf course operations facility, zoned Vineyards PUD East: South: West: GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban-Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP, Since the GMP does not address individual Variance requests but rather focuses on the larger issue of the actual use, it should be noted that this designation permits the proposed use, Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis, as noted in the "Analysis" portion of this report, below, Based upon the above analysis, staff concludes that the petetion may be deemed consistent with the Future Land Use Element. ,--, ANALYSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9,04,03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As shown in the aerial photograph on the preceding page and in the photograph on the following page, the site is unusually shaped and is transected from east to west by an approximately IS-foot tall berm. Because this berm was installed about 20 years ago, its planted vegetation, including mature trees, has become well established (see photo on the following page). Desiring not to disturb this landscaping which, coupled with the berm, completely obscures the view of the existing golf course operations facility from Vineyards Country Club Drive to the north and provides attractive views from the residential uses to the south, the applicant has accommodated the building on the site so as to minimally impact the berm, As a result of this design approach, only a small portion of the berm's toe would need to be removed and regraded, and most of the mature vegetation would not be affected or need to be removed, VA-PL2009--1460, Vineyards Maintenance Building November 30, 2009 Page 3 of9 000037 ./'-' b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject ofthe Variance request? Having been in place for approximately 20 years, the berm is a pre-existing condition that was originally designed to buffer the Vineyards' water utility plant from view of the properties to the north, However, when the development was eventually connected to the County's utility system and the plant was , no longer needed, the site was converted to golf course uses, Therefore, this situation is pre- existing, The current property owner, the Vineyards Development Corporation, was the property owner at the time that the berm was constructed, however. '",,- ,....: Photo of the vegetated berm. The proposed building would be located in the foreground, where the dumpster and maintenance worker are shown. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, The subject property lies immediately to the east of the Vineyards' existing golf course operations facility (shown in the photo to the right), and the applicant contends that the proposed 150 x 60-foot' , " building is the minimum size needed to expand the use so that expensive maintenance equipment currently stored outdoors could be kept indoors and protected from the elements, Since adherence to the required 50- foot setback would require the removal of a significant portion of the existing berm and its associated tree canopy, which staff would rather not see removed), enforcement of the required setback would create practical difficulties for the applicant. VA~PL2(j()Y--J46(), Vineyards Maintenance Building November ]0, 2009 Page 4 (~r9 000038 d. !bC&'-' I!Zfi(fJ cf-' fA Will the Variances, if granted, be the minimum Variances that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? '" Yes. According to the applicant, the 36.4-foot Variance being requested would be the minimum to make the proposed maintenance building possible. Because a golf course operations facility has operated just north of the Clubside Reserve condominiums since 1987 without any registered complaints, and the most impacted multifamily unit would be approximately 55 feet away and buffered by an eight-foot tall masonry wall and an approximately 16-foot Type B buffer (shown right and below), which would be augmented with fourteen canopy trees planted on the subject property's side, staff believes that the standards of health safety and welfare would still be promoted if the Variance were approved, It should also be noted that pursuant to LDC Section 4,02,01, Table 2.1, Table of Minimum (Setback) Yard Requirements, the setback standards for golf course maintenance facilities in the most comparable conventional zoning district, the Golf Course (GC) Zoning District, ., ~ do not require any minimum yard setbacks. The only reason that the setback standard for such facilities in the Vineyards PUD is 50 feet from residential districts is because the PUD allows building heights in the Golf Course designated areas of the PUD to reach three stories over parking (or approximately 40-48 feet). Using this same ""'"<..."",,, height-to-setback ratio, the applicant's proposed 15-foot tall building set back only 15.4 feet from the residential district opposite the site's southern boundary would, therefore, be comparable. It should also be noted that the units of VA-PL2009u/460, Vineyards Maintenance Building November 30, 2009 -,--~"._---- Page 5 of9 000038 '-""'~"'~~'~-'''-"'''-~ " ,....."-...-^--- MV~ IL f1J~Vb ~G the Clubside Reserve villas are oriented facing south, away from the proposed maintenanc~ building and towards a lake on their site, As a result, the only two truly affected units would each have just one small, second-story dormer window with a view to the proposed building, as shown in the photo below. Nevertheless, if the setback Variance were not approved for the building, the petitioner would still have reasonable use of the land. e. Will granting the Variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested reduced setback yard and relocated 10-foot buffer yards. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration, f. Will granting the Variances be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variance would allow the construction of additional storage space for the golf course operations facility, which has been operating on the site for 20 years without complaint. If the Variance were granted, the reduced setback yard would permit approximately 1,500 square feet of the maintenance building to encroach into southern setback yard, This encroachment would not be detrimental to the adjacent residential properties due to the fact that the proposed building would only be 15 zoned feet in height (16 actual feet at the very peak of its roof); located 55 feet away from the nearest residential structure; and buffered by an existing eight-foot tall masonry wall and an approximately 16-foot tall Type B buffer, enhanced by a IO-foot Type A buffer of canopy VA-PL2(){)9--1460, Vineyards Maintenance Building NOI'ember 30, 2009 Page 0 0(9 000040 trees, Furthermore, as previously noted, the setback yard of the GC Zoning District of the LDC does not require any setbacks for golf course maintenance buildings and permits maximum heights of 35 feet. Finally, the outdoor storage of golf course maintenance equipment is already occurring on the site and could continue without restriction. Therefore, the proposed building, if permitted, would actually mitigate the negative aesthetic impact of this equipment by enclosing it indoors. Location of the proposed building, as viewed from the existing golf course operations facility to the west. _:,<,,,-,,,,.,, . " "-- g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, as noted above, the residences most affected by the requested Variance would be separated from the maintenance building by a distance of approximately 55 feet, an eight- foot wall and mature landscaping measuring approximately 16 feet high. The multifamily units of the adjacent residential district are also oriented to the south, so that all but one of their windows, which is located on the second floor, actually face away from the subject property, Therefore, the visual and acoustical aspects of the golf course maintenance building would be mitigated, h. Will granting the Variances be consistent with the Growth Management Plan (GMP)? Approval of this Variance petition would not affect or change the requirements of the Growth Management Plan. As previously noted, the proposed use is permitted within the land use designation of the GMP in which it is located, ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. .,....- COUNTY ATTORNEY OFFICE REVIEW: VA-PL2009--1460, Vineyards Maintenance Building November 30, 2()()9 Page 70[9 0000,*1 ".._._--~,",-,_....">-,"--"- The County Attorney's Office reviewed this staff report on November 25,2009. RECOMMENDATION: Staff recommends that the CCPC forward petition VA-PL2009-1460 to the Soard of Zoning Appeals (SZA) with a recommendation of approval, subject to the conditions of approval noted in Exhibit C of the attached resolution. PREPARED BY: V A-PL2009--1460, Vineyards Maintenance Building November 30, 2009 000042 Page 8 oIY JOHN-DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAYMOND V, BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: ". JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE MARK p, STRAIN, CHAIRMAN DATE Tentatively scheduled for the January 26, 2009 Board of Zoning Appeals Meeting, ,'~'. 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Zz a:::'" -'w~ )' ON OCTOBER 2. 2009 A B'QOGISr FRO~ COASTAI_ ENGINEERING CONSULTANTS INSPECTED T};[ PARCEL OF LAND AT mE Y1NEYARDS COUNtRy CUJB ~AINTENANCE FACILITY TO CONDucr A SURVEY Of THE \1'[GErATION ON TH[PFlOPERTY, '----~ ; ~ " o " '" ~ AERtAL r>,-rOTOGRAPH '5 F!'lOM r::OllIER COUNry DAfW 2009, AI<D LABELED ~SA6" URBAN r:::::= =-'FLUCFC'SCATECORIES- 'COOE DESCRIPTION =r ACRES _~~~~_ OPEN LAND, LANDSCAPED _._-+~~_ 1902 OPEN LAND, DISruRBEO I DAD THE 1,21 ACRE SITE CONSISTS Of A tlERM 'I\1TI1 A CANOPY Of RAINBOW EUCALYPTtJS, A NON-NADVE TREE SPECIES USW IN LANDSCAPING AND A SiJEl-CANOPYAND GROUND COYER CONSISTING Of ASSOR fEO WEEDY SPECIES T}1E REMAINDER or mE PARCEL ,IS fLAT AND CONSISTS Of MAINTENANCE ROAD AND AN OPEN, DISTURBED AREA BEING USED AS AN AREA TO STORE LANDSCAPE rRlMMINGfROM THE GOLF COURSf THERE IS SOME GRASS AND WEEDY SPECIES GRO'MNG iN THE AREA. ~ N I ---._-- ~ b~ , , f,jd~o zzu"" ['j-r.: "'".;"'~ '~~[!j';: .~.... '" '-----'""5 ':;~~;!' O"--,=> uu~.., --------. PERCENTAGE <I7,9J "" j -.------ 1901 -------._--- 10000 FILENu >- c- 0.. -'-< U2 -< LeUl U we ()U <(:::; IJ'''" 0'--'--- f- LnD z U) <( :::; o..~ <{<( >-0.. ww Z'" > ....,.,EE <'1.00 "l~uu N~ , , 110'0;;: "l"l,S'u ........'-0> <O~::o (;;'O>_S,- "l"l0>0> ,,-,"-'c:;e.: ~~.,o , 0 ;;20> "0<'1'" "'u..OO> 00 c 0 Cl Jon '< " o o , c. 00 0- " en ~ o 0 ~o c - o c I.2 c 0' ~ '.o~ 00 -, nz OOOOH .. EXHIBII I<. :'(J,',,( '~::, ,,'ii':;!> q.. .- ","'N' T;L . <':r'i>:':::", _ ::, " L df""-"0q; -h,,,,i+~'K__ ;"'F' ., m ,,~ - -I ~{[-t- 121Jfro C:I0 7A-- 000046 ,,".~ CRAIG R WOODWARD BoardCertificd:RcalEstatc MARK J. WOODWARD ANTHONY r. PIRES, JR. Board Certified: City, County, and Local Govenunent J. CHRISTOPHER LOMBARDO STEVEN V. BLOUNT CARRI E E. LADE~N CARLO F. ZAMPOGNA JENNIFER L DEVRIES jENNIFERM.TENNEY -"- / REPLY TO: ~ 3200TAMJAMI TRAIL N. Su lTE 200 NAPLES, FL 34103 239-649-6555 239-649-7342 :FAX o 606 BALD EAGLE DRIVE SUITE 500 p.o. Box ONE MARCO ISLAND, FL34146 239-394-5161 239-642-6402 FAX WWW.WPL-LEGALCOM .-'-- &up.., , [) , '!1ft/CO ~ ~ WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW December 11, 2009 TO: Collier County Planning Commissioners RE: PETITION VA-PL2009-1460, VINEYARDS MAINTENANCE BUILDING Dear Commissioners: This law firm has been retained to represent the Clubside Reserve Condominium Association, Inc, [UClubsideU] with regards to the above Variance Petition scheduled to be considered by the Planning Commission at its December 17,2009 meeting, For a number of reasons, Clubs ide objects to the above Variance Petition and requests that the Planning Commission forward this application to the Board of County Commissioners with a recommendation of denial. There is no legally recognizable hardship. Any hardship asserted [and it is disputed that any exists] is solely self created by the Applicant/Developer. The asserted special conditions peculiar to a parcel cannot result from the actions of the Applicant. A self-created hardship can not constitute a basis for any variance, or multiple variances. Granting the requested variances for a maintenance facility and its attendant obnoxious activities will be at the expense of the adjacent residential community, The owner and Applicant is the original Developer of the Vineyards, Any asserted hardship is self-created by the Applicant, resulting solely from its development activities over the last 20+ years, The Applicant/Developer created the berm. The Applicant/Developer created the unusually shaped parcel. All of the conditions peculiar to this parcel resulted from the actions of the Applicant/Developer, The Applicant/Developer approved the Clubs ide community development with full knowledge of the PUD setback requirements on the parcels to the north, These provisions are clearly spelled out in Section 6,03,01 of the PUD, [See attached "AU] - 1 - 000047 !Jcc-1- 'lU/tD ~ lA Without providing any detail or support the Applicant/Developer has asserted: . a "need" for a 9,000 square foot golf course maintenance building, in addition to the existing 12,000 square foot golf course maintenance building on the adjacent parcel10wned by the Country Club, to house an undefined amount of maintenance equipment, which includes "landscape" maintenance equipment.2,3 . a "hardship" based upon a desire to not remove an unstated amount of a berm that only buffers the site from an existing driveway to the North, which driveway leads to the existing clubhouse, Contrary to the statement(s) in the Petition: A. there is no "Golf Course Maintenance facility" on this parcel. 8, the subject property is not surrounded by a large berm on three sides, C, the existing berm and mature landscaping will not "shield this proposed building from view in all directions", 0, the existing berm and landscaping located on the North and Northwest portion of this parcel does not hide the proposed maintenance building from "all angles and views", E, the existing remnant berm is located to the North and Northwest on the property and does not shield the Clubside owners from structures or activities on the subject parcel. [see attached aerial photograph, "8" j, F, the only property(ies) "shielded" or individuals or screened by the remaining berm are a driveway leading to the Country Club, tennis courts on the Country Club property, individuals in vehicles driving up to the Clubhouse; possibly golfers; and, tennis players, What is not stated or provided in the Petition: A. the berm located on the property is the remnants of a much larger berm constructed by the Applicant/Developer, for the purposes of buffering adjacent properties from an initial Developer owned/operated utility operation, [see 1985 aerial and attached survey associated with SOP 95- 055, "C-1 and C-2" ], When the utility site was no longer needed, the Developer converted the vast majority of the former utility site into a residential community, That residential community is Clubside, 1 The adjacent parcel is owned by the Vineyards Country Club, Inc, ["Country Club"] which in turn is controlled by the Developer, Applicant. 2 The Applicant has subsequently submitted a photograph depicting approximately 12-14 pieces of equipment. See below, 3 Clubside asserts that general "landscape maintenance equipment", not used for golf course maintenance, cannot be stored or maintained on this site, as not being accessory to the golf course operation, - 2 - 000048 --~ B, in developing the Clubside community, the Developer approved 1* removal/removed most of the berm [see attached plan from SDP-95-055, "C-3" ], Based upon the Developer's plans prepared as part of SDP-95-055, the remaining berm is approximately 60-70 feet in width, C, the only property(ies) shielded or screened by the remaining berm are owned by the Country Club, controlled by the ApplicanUDeveloper. D. there is no support for the ApplicanUDeveloper's bare assertion that the "building size is needed", When inquiry was made of County staff as to the amount of equipment, etc, "needed" to be stored, ostensibly necessitating a 9,000 square foot building, the Applicant provided a photograph, see "0", depicting approximately 12-14 pieces of equipment. In addition to the above, we submit the following issues and concerns with regards to the pending variance application: A. Pursuant to the clear and unambiguous language of Section 6,03,01 B) of Ordinance #91-75 [the Vineyards PUD Ordinance]: "Buildings shall be set back a minimum offiftvJ50J feet from abutting residential districts and the setback area shall be {YWropriatelv landscaped and maintained to act as a buffer zone," However, the legal notice for the CCPC hearing states that the only variance requested as to a buffer is for: "..a Variance from the 1 O-foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06,02 C,1,", Thus neither the Application or legal advertisement address the separate, stand alone buffering requirement in the 50 foot setback area contained within Section 6,03,01 B) of the Vineyards PUD, B, The proposed site plan that accompanied the Petition dated October 6, 2009 shows a substantial amount of asphalt paving within the required 50 foot buffer zone, with no buffering along a substantial portion of the southern property line, This is contrary to the requirements of Section 6,03,01.A. of the PUD requiring that "Overall site design shall be harmonious in terms of landscaping, '" and location and treatment of buffer areas", As proposed, there is a large gap with no buffer on the subject site. The burden is on the applicant to show that the requested variances conforms strictly to the County's GMP, its elements, and objectives, as well as the conditions for the granting of a variance outlined in the Land Development Code (LDC), -~._~ This project as proposed with the requested variances is incompatible with the existing adjacent residential Clubs ide community and is not complementary to the existing adjacent residential Clubside - 3 - 000049 _.._._._~-."..".,,-, - _._.~-,,--~_.,-- community, as required by Policy 5.4 of the Future Land Use Element [FLUE], The project as proposed with the requested variances does not qualify as "complementary" to the surrounding and abutting residential land uses, fJf;~ai- 1ft The Applicant has not shown that it could not build a golf course maintenance building on this property if made to comply with the setback requirements, As the Staff Report states that if the variances were granted, approximately 1,500 sq, ft, of the building will encroach into the southern [Le, adjacent residential project] setback area, the most the Applicant will be impacted is that the Applicant would build a 7,5000 sq, ft, building versus a 9,000 sq, ft, building, a reduction in square footage of 17%, This would result in the total square footage of enclosed buildings at 19,500 sq, ft, No variance from the buffering requirements should be granted, Without full compliance with the buffering requirements, the Clubside owners and residents will be adversely affected by activities in and around a proposed maintenance building, There may also be additional issues and possibly materials raised or presented at the hearing not only by Clubs ide, but other residents/property owners, As the ApplicanUDeveloper controls the Country Club, here will probably not be opposition to the variance application from the club or its members, We appreciate your consideration of my client's concerns and issues with this pending Petition and request that the Planning Commission forward this application to the Board of County Commissioners with a recommendation of denial. r., Esq, Enclosure(s) Client John David Moss - 4 - 00005rJ - - _ {};(c-(L t{zul'[p 1ft .,~ ,,"' .~ ". ----.--. "-"'~-"----'-_. , . : ~:. .~,:.' ' .- :y.:.- ';,.,. '\J -'r.. ,',;-,..-., ORDIMAHCB HO. '1- 75 . AN ORDINANCE AMENDING ORDINANCE NUKBER 85-15. WIIICH ESTABLISHED THE VINEYARDS OF NAPLES PtlD. AS AMENDED, BY AMENDING THE TITIoE PAGE; BY AMENDING THE INDEX TO DBI.E'l'E CERTAIN t SECTIONS; BY AMENDING THE LIST OF EXHIBITS T~ IDENTIFY THE TWO MASTER DEVELOPMENT PI.AIlS; B1/'%. .... AMENDING THE STATEMENT OF COMPLIANCE TO 0;0 REFLECT THE INCREASE IN TOTAL ACREAGE FROM " r-:> 1,925.4 TO 1,930.16 ACRES, TO DBI.ETE THE ~ ~ RATING POINTS REQUIREMENT AND TO ADD THE ~ ':;!. PROJECT'S DESIGNATION AS BEING LOCATED IN '!:. . PART OF AN INTERSTATE ACTIVITY CBIlTER; BY " ~ AMENDING SECTION I, PROPERTY OWIIERSHIP AND ;:. ". GEilERAI. DESCRIPTION, TO CORRECT ERRORS IN THE PREVIOUS LEGAL DESCRIPTION, TO REFLECT AN INCREASE IN THE TOTAl. ACREAGE. TO INCLUDE THE LEGAl. DESCRIPTION OF THE ADDITIONAl. 4.76 ACRE PARCEL AND TO REFLECT THE CORRECT OWJIERSHIP OF THE PROPER'l'Y; BY AHEIIDING SECTION II, ' PROJECT DEVELOPIlENT, TO REPLACE OBSOLE'l'E I.AIlGUAGE WITH CURRENT ZONING CODE REFERENCES, TO REQUIRE SITE DEVELOPMENT PI.AIl APPROVAl. FOR CERTAIN USES, TO CLARIFY THE OPEN SPACE REQUIREMENT, TO DELE'l'E CONCEPTUAL/SITE PI.AIl APPROVAl., TO DELETE THE ALLOWANCE OF , AUTOMATIC SITE OEVELOPIlENT PI.AIl APPROVAL, TO DECREASE THE OVERAU II1JMBER OF RESIDENTIAl. DNEUING UNITS ON THE I.AIlD USE SCHEDUI.E. TO COKSINE THE R-1 AND R-2 DESIGNATIONS INTO A NEW R DESIGNATION, TO COMBINE THE CR AND CIC DESIGNATIONS INTO A NEW CR DESIGNATION, TO INCREASE COIlMERCIAl. SQUARE FOOTAGE. BY 140, ODD SQUARE FEE'l', TO ADD A 120-ROOM HOTEI.,MOTBI. USE, TO UPDATE THE APPROXIMATE ACREAGES OF E. VS, P, MAJOR RIGHTS-OF-WAY AND PUBLIC SERVICE USES, TO INCREASE THE TOTAl. ACREAGE TO REFLECT THE ADDITION OF 4.76 ACRES, TO DECR!:ASE THE TOTAl. II1JMBER OF RESIDENTIAl. UNITS AND TO DECREASE THE TOTAl. NUllBER OF DWEUING UNITS PER GROSS ACRE, TO ELIMINATE SUBSECTION 2.08 AND TO TRANSFER THAT INFORMATION TO SUBSECTION ~.02, TO CORRECT SCRIVENER'S ERRORS IN THE DEVELOPMENT REGULATIONS APPLICABLE TO CHURCHES, TO BI.IMINATE SUBSECTION 2.10 AND TO TRANSFER THOSE USES TO SECTIONS III, IV, V, VI AND VII OF THE POD DOCIlMENT AS APPROPRIATE, TO CORRECT' SCRIVllNER' S ERRORS WITHIN THE SIGNAGE SUBSECTION, TO ADD A SUBSECTION FOR COMMERCIAL SIGNAGE EAST OF 1-75,TO ADD A REQUIREMENT FOR POLLING PLACES, AND TO ELIMINATE SUBSECTION 2.11.04, COMPARABLE TABLE; BY AMENDING SECTION III, SINGLE-FAMILY RESIDENTIAL, TO CHANGE THE NAME OF THAT SECTION TO RESIDENTIAL, TO ADD LANGUAGE DEFINING THE R DESIGNATION ON THE'MASTER I.AIlD USE PI.AIl, TO ADD I.AIlGUAGE CLARIFYING THE TYPES OF USES PERMITTED IN THE DISTRICT, TO MODIFY DEVELOPMENT REGllLATIONS FOR PERMITTED USES WITHIN THE R DISTRICT AND TO MODIFY THE REQUIREMENTS FOR OFF-STREET PARKING; BY DELETING SECTION IV, MULTI-FAMILY RESIDENTIAL IN ITS ENTIRETY AND MERGING THAT SECTION WITH SECTION III, RESIDENTIAL, AND TO RENUMBER THE SUBSEQUENT SECTIONS AND SUBSECTIONS OF THE ,ORDINANCE ACCORDINGLY; BY AMENDING FORMER Words e'rHek threH9ft are deleted; worde ~ are added. '"" - ~ o , . < .' ..~., ~,~ ,,,.it,. ~"~ .; :~ I . U45mt325 000051 --.-- ," . , ~, ,~:; :. ",'" ", ' ,,'-" ":',' , , ..... ',,"r:- '!',..~ .-,- ~:\." , ..,~ ..... ,c:::- ',..<:,' '. ~. .$:~' , .. '.' ~ .. , ," ,}.... .", I ,,' , ,~ ,,< 'j.,. ",,'1' ,1,- , " f.. ,\ " ", . _ hCL~ I!Z/J[IO 29 1<k - - C.93.B7 SPBBIAL PRBPBRTY DBVBLDPHBNT RB9B~I9.SI "') Laftds8ap4n!I ~.r a~.a. aftd a~ppie..ft_ary ~.'.l.' ....1"9 r.~.ft. .he. ..Y ~. a~ ,. .ar'.1ft ~... a~.~. .~. adhere. ,. uRless in eeftll!.' w~ any at the ift~eft~ er 'he '~8V~eftB Bpee~erei". &) U,.l... G) Open epaee re~re.e"t. ~~. .e eefttai"e~ 4he a.ft~ Or~ftafte. 1ft alf..' a~. \i... S.9l.8a HXII'IKVH .. -.BQUa a.gv'IAu...... ~e ,raja.. ehe*i e._piy ~~. Oel!ter eayner ~aft.B8ape ardin.ft.. 1ft .~ .. _ha .1.. a pe__~ is re~e.'e~ or r.~re~ a_IO. '1'D. Section VII, GOLF ,COURSE, of the Planned Unit Development Document tor The Vineyard. of Napl.., Ordinance 85-15, a. ..ended, i. hereby amended to read as tollaws: SECTION VII III GOLF COURSE A ~.Ol puapoa. .. The purpose of this Section is to .et forth the requlation. tor the areas designated as Golf Course. A ~.02 PIlRIU'l"l'BD USBS lUlD S'l'IlUC'l'llRBS No building or structure, or part thereot, shall be erected, altered, or used, or land or water used, in whole or in 'part, far other than the following: A) P.raitt.4 Principal Uo.s on4 structur.s 1) 2) Golf Course .. Model homes, sale. centers, .igns and temporary development' construction offices shall be permitted in conjunction with the promotion ot the development. J) ll. B) >>erattted Ace...ory u... and struoture. 1) Clu~hou..., pro ahop, practice dr1vinq range, and other customary acee..ory u... or qolt courses, or other recreational facilitie.. Small commercial establishments, including gift shops, golf equipment sal.., restaurants, cocktail lounqes, and similar uses, intended to exclusively 2) Worda ar~l~I~1 wa~ds,~ _ U40rAG[353 n00052 .""e"9h ._1'14811 are edded. " ,- ',~.-- .f<\., " C'_, '.-!'l: '~. ;".;, ,:,. ,~ , . " " . .. , ~ -,-. . , ~'- -~,.,::, : .." . '"", ~. , ,'.HI, .. '- . ..-' ~ " , -- -,.-----. - - - 30 ..rve patrons ot the golt course or other permitted recreational facilities, subject to the provisions of the applicable supplementsry regulations of the Zoning Ordinance. 3) Shuffleboard courts, tennis courts, swi..inq pools, and other types of facilities intended outdoor recreation. , for 4) C) Roads, pathways, accessory uses and structure. customarily associated with the permitted U.., includinq but not limited to utility etructures. water management tacilitleB, etc. A maximum ot two (2) residential units in conjunction with the operation of the qolf courss as determined to be compstible with the adjacent zoning as determined by the Adminietrator. .1&D Approval Requirements 5) A site plan of the golf course and its related tacilities shall be submitted in accordance with Section 2.05 of this document. Ths periaeter boundaries ot such plans shall be recorded in the same manner .s a subdivision plat either betore or atter construction. .Ii ';'.03 PIlOPlIIln DIIVI!LOPMBN'1' RI!GIlLATIOH8 .Ii ';'.03.01 General .equir..ents: A) , Overall aite dasiqn ahall be harmonious in terme ot landscapinq, enclosure ot .truc~ur.., location of ace... street. and parkinq areas and location and treatment of bufter araas. Buildings shall be set back a minimum pt tifty (50) feet trom abuttinq residential districts and the setback area Shall be appropriately landacaped and maintained to act aa a butter zone. No parkinq will be allowed in the buffer. H) . .Ii ';'.03.02 w,-laua aeiqbt of structurea Thrse (3) stories over parking. .. ..conOll'IlLIIVD. Section VIII, RECREATION AND OPEN SPACE\PARK, of the Planned Unit Development Document tor The Vineyards of Naples, Ordinance 85-15, as am.n~.d, ia hereby amended to read as tollows: . U45rl~~354 are deleted; words ~ are added. . 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Sent: To: Cc: Subject: MossJohndavid [Johndavid Moss@colliergov,net] Wednesday, December 02,20098:15 AM Anthony Pires Samoset24@aol.com RE: FOLLOW UP: PETITION VA-PL2009-1460 Attachments: equip,pdf ~) .-"""" equip,pdf (236 KB) Tony, Mr. Saadeh did provide me with a pic of the equipment. It is not digital, so I have scanned and attached it. JD -----Original Message--u- From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Wednesday, December 02, 2009 7:05 AM To: MossJohndavid Cc: Samoset24@aol.com -- Subject: FOLLOW UP: PETITION VA-PL2009-1460 Good morning JD. Please see the attached, highlighted excerpts from prior emails. Please advise as to status of receipt of the referenced photographs and revised application. Thanks Anthony P. Pires, Jr. Woodward, Pires & Lombardo, PA 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-Iegal.com Firm Website: www.wpl-Iegal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at --'39-649-6555) and immediately delete this message and all its attachments. 00005Cl 1 -- ,._,.....~----,..~---_.. -- " Ilmi'o vr - CERTIFIED COpy EXCERPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida December 17, 2009 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date in REGUIAR SESSION in Building "F" of the ~- Government Complex, East Naples, Florida, with the following members present: Mark Strain, Chairman Donna Reed-Caron Karen Homiak Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert vigliotti David J. Wolfley .-~ GREGORY COURT REPORTING SERVICE, INC. _.--...."...~~~~>._._,-,,-,.~",.... , ._..m."....._..,~......_.__.._ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ku~ 2 l/1Jtfto d--' 1ft 1 * * * * * 2 CHAIRMAN STRAIN: Everybody please take your 3 seats, we're going to try to announce something about our schedule that may help some of you here. Because we have two groups of people that I know of here today, one of course is Naples Bath and Tennis and the other is Clubs ide , in vineyards, and I know you both are probably as impatient to hear this as we're trying to get to hear it, so I want to ask, first of all, the applicant I guess for the vineyards, Mr. Saadeh, is there any -- are you going to go forward with your project today, or are you so -- MR. SAADEH: I have every intention of doing so. CHAIRMAN STRAIN: Okay. Because someone had mentioned earlier that you might continue. I didn't know if that was the case or not. MR. SAADEH: No, sir, that's not accurate. CHAIRMAN STRAIN: Okay. With that in mind, everybody that is here for Naples Bath and Tennis, I can guarantee you right now, we will not hear your project before 12:00. Now, because of the Vineyards request, we will be hearing -- I know that they'll take at least a half an hour, but with GREGORY COURT REPORTING SERVICE, INC. ,.-. 8 9 10 11 12 -"'~^ 13 14 15 16 17 18 19 20 21 22 23 ,- 24 25 1 2 3 4 5 6 7 /P-;- (L 3 i/llflfb rJA- Tony pires, it could take three hours. COMMISSIONER WOLFLEY: Forever. CHAIRMAN STRAIN: Whenever they end, we will take an hour break for lunch. If they end at 11:30, we'll come back here at 12:30. If they end at 11:00, we'll come back at 12:00. So what I'm trying to tell you is to be safe I can guarantee you we won't hear the Naples Bath and Tennis Club until noon. Now, it may be later than that, but it won't be before that. So those of you that are here for that case, and if you want, there's a nice cafeteria downstairs if you want to go to lunch or breakfast, a late breakfast, feel free. If we do get some time, we're just going to ourselves go to lunch and we'll back here then early. But noon will be the earliest, just so all of you who are interested. with that in mind, all those wishing to discuss the -- yeah, testify on behalf of the next item, which is -- let me get back to my nonnal routine here. This is Petition VA-PL-2009-1460, Michael Saadeh of the Vineyards Development Corporation, and it's for a variance at 400 Vineyards Boulevard. And before I ask everybody to stand, because GREGORY COURT REPORTING SERVICE, INC. /bCL-~ 4 I IVt/t 0 11Jr 1 everybody is, we'11 just wait for a minute. 2 All those folks with the Naples Bath and 3 Tennis that are leaving, please try to do so 4 quietly and expeditiously. 5 Okay, all those wishing to testify on behalf 6 of the Vineyards variance petition, please rise to 7 be sworn in by the court reporter. 8 (Speakers were duly sworn.) 9 CHAIRMAN STRAIN: Okay, disclosures on the 10 part of Planning commission. 11 Ms. Caron? 12 COMMISSIONER CARON: Yes, I had a meeting with 13 Mr. pires and some residents. 14 CHAIRMAN STRAIN: Anybody else? Mr. Murray? COMMISSIONER MURRAY: I had a meeting with Mr. 15 16 pires and some residents. 17 CHAIRMAN STRAIN: Mr. Wolfley, then Mr. 18 Vigliotti. 19 COMMISSIONER WOLFLEY: I spoke with Mr. Saadeh. 20 21 COMMISSIONER VIGLIOTTI: I had conversations 22 with Mr. Saadeh, and I received a packet from 23 the -- Tony Pires. 24 CHAIRMAN STRAIN: Anybody else? 25 (No response.) GREGORY COURT REPORTING SERVICE, INC. .-.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f}a:~ 5 I{U{to flY CHAIRMAN STRAIN: And I had meetings with Mr. Pires and some residents. COMMISSIONER HOMIAK: I didn't speak to him, but I had numerous e-mails. CHAIRMAN STRAIN: Yeah, we've got a lot of e-mails. But I believe they've all been sent to staff and they're all part of the record. And my guess was right, there's about as many people for this one as there was for the other one. So I'm -- because there was same discussion about moving one forward, and I thought we should leave it like it is, so I'm glad we did. With that in mind, Mr. Saadeh, it's all yours. MR. SAADEH: Good morning, Commissioners. My name is Michael Saadeh, I'm the president and CEO of Vineyards Development Corporation. It's also the same entity that owns Vineyards Country Club. I've been with the Vineyards since its inception in 1986, so I have a little bit more history than I'm confident anybody in this room on the other side. Back in '87 we started construction at the Vineyards and we started construction of the club, and with that we started building the support facilities, which is the existing maintenance facility that you see on the wall right here with GREGORY COURT REPORTING SERVICE, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 &i/~ 6 1{2lt{cO C~ 11\ 1 the white roof. 2 At the same time we built a bem around this, 3 the bem comes and wraps around from Vineyards 4 Boulevard all the way around the site, all the way through the club parking lot. And the reason it wraps on kind of like a U-shape, backward U-shape, because the other side of the bem -- I point out this area. This area was at the time the same parcel wide open throughout, and this site was being used at the time for a water and sewer treatment plant, because the county did not have any sewer facilities or water facilities to this location, to the Vineyards. So the bem was built from day one right here and continued all the way to here and here. But then it kept open here, not knowing at the time what was going to be about with this parcel. Moving forward a few years later, the county brought in their facilities, their sewer facilities and water facilities to this site. So we went in and we dismantled the water and sewer plant from the Clubs ide Reserve site and connected to the county water system and sewer system. A few years after that, which sometime in the mid Nineties, we started contemplating what to do GREGORY COURT REPORTING SERVICE, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 " 25 1 2 3 4 5 6 7 8 9 -{L 7 {,2kfrO .~ with that parcel, and we decided at the time to turn it to residential parcel. We met with a few people at the county to create a proper buffer. And although there was no requirement for a wall, we built an extensive eight-foot concrete wall with a huge buffer. At the time, again, it was one parcel so we had the option of drawing the line for the property boundary anywhere we needed to. So we drew the line and we put the buffer on the side of Clubside Reserve, and we landscaped that buffer way before we offered a single unit for sale in that neighborhood, or before we even started construction in that neighborhood. And the wall was additional protective, if you would, from the future of that neighborhood. And later on as these folks came in and bought in that area, nobody more or less knew what the history of it was or, you know, what was done. We drew the lines, we put the landscaping in. And I'm going to share with you later on in the discussion the landscaping. CHAIRMAN STRAIN: Could you slow down just a little bit? I've been watching her try to type, and she has to get every word you say. And you do what I do a lot, which is we talk fast, so -- GREGORY COURT REPORTING SERVICE, INC. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P.Lc-P-- /10 8 l/wllO lJ--' 1It 1 MR. SAADEH: You see I'm emotional about this 2 project because I spent 23 years on it. And I don't present (sic) anybody else, nor do I get 3 hired to present anybody else, so I can't help but be emotional about something we do . Especially in this economy that we have a very exceptional report, considering what's happening all around us. And then you get disappointed seeing what's happening today. Anyhow, we've operated this maintenance facility since '87, '88. It was C.O.'d with the club, and it's been in operation ever since. To my knowledge, and I've been there since, I've never heard a complaint from either Clubside Reserve or anybody else surrounding the maintenance facility that's existing today. Now, due to the recent economic collapse, we are starting to reevaluate our business model. A few year back we've taken ownership of the Country Club, and we've paid the members very handsomely for taking over the club. And at that time we were leasing equipment on regular basis. And the leases expire every few years and then we turn the equipment in and we lease other equipment. And because of the economic downturn, we feel GREGORY COURT REPORTING SERVICE, INC. ~P"" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -" <- that that plan is not the most economical plan for us, so we decided we're going to start purchasing the equipment and kind of hang on to it a lot more than the three years we've been doing in the past. To do so we do not have ample facilities to store whether existing equipment that we have or future equipment that we need to have. And to avoid, you know, beating it up in the weather and all that, so we decided to come up and build a maintenance facility that will store the rest of the equipment and be -- you know, supplement what we have in place right now. When we started to plan the site and started the planning process, we discovered that the PUD setbacks are extremely stringent. They were requesting -- the PUD called for 50-foot setback for that parcel. And then we started evaluating that and done more research with in-house and with county staff, and we realized -- and this is the most critical point of anything you'll hear today -- we realized that the reason for the 50-foot setback is that parcel and the club parcel allows for a three-story over parking maintenance facility. So anywhere on that site, if you meet that GREGORY COURT REPORTING SERVICE, INC. --.-- ..~..._^_.~-_.-_.,,-, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i;cC- t2-- 10 lhu{lO 1~ 50-foot setback, you can physically build a three-story over parking. That's anywhere from 35 to 40 foot in height. And, you know, it doesn't make sense to build a 35 or 40-foot high building to store maintenance equipment. under the current LDC today, the current LDC that you have in front of you today, if you were to build this building at the proposed height of 15 feet at the peak of the roof, the maximum required setback would be seven and a half feet. That's it, seven and a half feet. So we're proposing a 15 and a half foot separation, and hence that's why, you know, the variance is here today. The reason for the variance is, you know, multiple. First and foremost is, I just told you, that the PUD is stringent because it allows much higher height. And so we doing a much smaller size building, much smaller height building. And for that reason we're providing still 15 and a half feet versus the required seven and a half the current LDC but not under the PUD. The other reason is this bem -- and I'm going to show you pictures in a few minutes. This bem has been in place for 22, 23 years. It's very GREGORY COURT REPORTING SERVICE, INC. -< 2 3 4 5 6 7 8 9 10 11 12 ....,., 13 14 15 16 17 18 19 20 21 22 23 24 ,,""', 25 &c-fL ul/2k(ro -tit- 1 heavily landscaped. It's a gorgeous berm. And it doesn't make any sense at all to any of the members or to us, nor to county staff or anybody who's seen it, I've had multiple people go see it, it didn't make any sense to tear it down just to abide by a 50-foot requirement when we're not building the size building that requires the 50-foot setback. The existing wall and landscape buffer, as I will show you -- I sent you packages bye-mail, but I also gave you colored copies today, and I'm going to put this on the wall for everybody to see. Again, as you will see, that the bem and the -- the buffer and the wall that we built is more than adequate to buffer the neighboring project. As well as I will demonstrate in a second the orientation of the buildings of Clubs ide Reserve do not face into this site or the berm. As you can clearly see from this picture, all these units are oriented this way. This unit, I'll show it up with a blown-up picture, this one window, another window, this is four-unit building. For each unit building you have just two windows on the back side, one on each unit that will face into the site. And that's a secondary window for a back bedroom. There isn't a single balcony, there isn't GREGORY COURT REPORTING SERVICE, INC. -""""""'-,-"'""_._"""- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !JlG+ 12 flu/rO C . 1ft 1 a single view or any orientation whatsoever this way. So everybody loads in in the garage, they come in, the balconies, lanais, everything else orients this way. And I'll demonstrate some pictures here of -- on the most -- from all this site here there is one, two, three buildings, maybe even one unit here that has potential of seeing this. This unit, there is no way this back window can see the building, no matter what. There's one, two, three, four, five, six windows have potential seeing the building, if they can actually cross the existing buffer right now. If they can find a little loop in that existing buffer, they might even see that building. Otherwise, there's no way they can see any of that. And I'm going to show you those pictures in here. As well, I've invited the staff early on and senior staff to visit the site, and they did. Mr. Joe Schmitt visited the site, Susan Istenes visited the site, Mr. Bellows visited the site, Mr. J.D. Moss visited the site. And we visited both sides of the site; one from the proposed area where we plan on putting the building and the other visit was on the Clubs ide Reserve property, to just GREGORY COURT REPORTING SERVICE, INC. - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,,~,- 25 i3a- -tL 13 t/2k({{) {It 1 show them that it's impossible, more or less, to see that building from with the existing vegetation and the existing wall that we provided and built over the years. On OCtober 29 we met with Mr. Webster, who is the president of the homeowners association of Clubside Reserve, and a lady called Ms. Ellen Watts. She's also director on the Clubs ide Reserve Homeowners Association. We shared with them the drawing that you see on the board. We discussed with them what the project is to be, and the extent of what the variance request would be. And their simple reservations at that time was that they had lighting reservations like how would you light the building, you know, what will change on the site as far as use. We were extremely clear to say that the use on -- this is not a zoning change, so the use and existing equipment, the existing operation, the normal way of conduct on a day-to-day basis is not changing. And that we committed that if the lighting was an issue that we will definitely work with staff to do the minimum lighting required to have the least light anywhere, as well I remind you that the only units that might have potential impact are six back windows on the GREGORY COURT REPORTING SERVICE, INC. '._',,_'___..-.p ......_~...'~m_.__ - ~.,---_.._-- , 7ft-- 1 whole site. And again, they have to really look 2 through the hedge, as I'll demonstrate in a second. 3 Past that, they've asked us to send them a 4 copy in writing -- a letter in writing to show 5 their constituents on what the project was going to 6 be about. 7 So we prepared a letter, we sent it to them, 8 it was very small and simple. And the very next 9 time we heard from them was from Mr. Tony Pires 10 that he's being their legal representative and now 11 they've hired counsel and they're going to fight 12 this and defeat it, et cetera, et cetera. There 13 was not one single request of legitimate reason why 14 this thing shouldn't go up. 15 I would like now to go through these slides 16 and show you the few things and the buffer and the 17 building orientation. 18 This first slide shows the back of a typical 19 building in Clubside Reserve facing the site in 20 question. 21 The second slide would be when you stand on 22 the garage front of that building and you look out 23 the site, that's what you would see. 24 This is another picture of again when you 25 stand on the garage -- or the driveway of any of GREGORY COURT REPORTING SERVICE, INC. ,......, 6 7 8 9 10 11 12 e" 13 14 15 16 17 18 19 20 21 22 23 24 25 f!;cG-1-- 15 '{WIO /+: 1 those buildings that I labeled here. Any of those 2 buildings, if you stand on the garage, by the garage door and looked towards the site, that's 3 4 what you would see. 5 This is an overall view of the bem as we built it back in the mid Nineties and the extensive landscaping on that bem. This is another view looking east. This is another view looking straight at it. This picture gives you a perspective of the height of the bem. The person in the picture is me. The guy that took the picture, just I asked him to take the picture from the garage looking out what my height is. I'm six-foot, three inches. And this is me standing and this is the backdrop of the landscaping behind me, again showing that it's almost impossible to -- it's definitely impossible to see anything from the first floor, but it's almost impossible to see anything from the second floor window of the six windows in question that we're talking about. This is the picture of exactly where the building is proposed to go, where that dumpster . J.s. And right now we store some landscape trimmings in that location. And in the future that won't be an GREGORY COURT REPORTING SERVICE, INC. "'- -~,._, -'''''''''''-'~-'"~'' ..- _._____..___".m 16 1 option, so we'll be hauling this out regularly 2 weekly instead of whenever we have enough. 3 This is another picture of the site showing 4 the berm, existing berm behind it on the site of 5 the maintenance facility and the size of the trees 6 on top of that berm. Those are anywhere from 20 to 7 30 foot tall, upwards of 22 years old that we have 8 planted. 9 This is a picture of the berm coming into the 10 club from the club drive. This is how extensive 11 and how heavily landscaped and how pretty the berm 12 looks. 13 This is another picture of the berm from the 14 actual parking lot of the Vineyards Country Club. 15 This is another picture of the berm from the 16 parking lot of the Vineyards Country Club as well. 17 Again, showing the extent of the landscaping 18 and the maturity of the landscaping that have to be 19 destroyed completely if we were to move the 20 building to the proper setback. 21 This is a picture of the berm as well with the 22 entrance of the maintenance facility. 23 This is the wall on our side of the property. 24 This is the wall that separates Clubs ide Reserve 25 from the maintenance complex on our side of the GREGORY COURT REPORTING SERVICE, INC. - 2 3 4 5 6 7 8 9 10 11 12 .-_. 13 14 15 16 17 18 19 20 21 22 23 24 25 Rif-,-1-- 17 lju,tfo -eft 1 property. Again, the wall was not requirement back in the Nineties when we built it. We built it to give them additional sound buffer, additional protection way before we ever built a unit there or ever sold a unit there. So we planned it properly. We've been neighborly for years. We thought that this is a no-brainer. I mean, we're just adding a building on an existing use for the existing everything and trying to house additional equipment as times changed. And so this wall is all the way around. Again, it's not part of whatever requirement. We never operate on what's just a requirement, we go further with what's practical and what makes sense. So pretty much this is the existing conditions as you see it. This is the existing berm, that if we couldn't get the variance we have to destroy. But the issue today is not whether we will build the building or not. I think anybody in this room, especially the Commissioners, would understand that the zoning is there for the building. The issue is whether it be put where we're proposing to place it or whether we have to destroy the building to place it. And if that was to be the case, we have to revisit the site, we GREGORY COURT REPORTING SERVICE, INC. - --,---.-.-.- ~_"_-~,_,_,,,,".,.-'^ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ibcc~P-- 18 I f;lt{1 0 '~ 1 have to revisit the size of the building, we have to revisit the height of the building, among other things. In an effort to keep the meeting orderly and respect your time and everybody else's time, we chose not to bring supporters in here and just come in here and jam the microphone. So what I've done is I have a list here of 52 club members that I will pass on for your record that totally approve and support this position. And what I've been here today, had I not asked them to be here in respect of your time (sic). They're members, they're club members. I'll provide one for the record. Matter of fact, a couple of signatures on that list are people who live in Clubs ide Reserve and don't see it the way the other folks in this room are seeing it. with that, I'll thank you for your time. I'll be happy to answer any questions. And I would appreciate it if you would give me some time after Mr. Pires and company have their short rebuttal. Thank you. CHAIRMAN STRAIN: We typically do have a rebuttal time, so you certainly will be afforded that. GREGORY COURT REPORTING SERVICE, INC. -~ 19 I 'ii,(rO /1A , .-"- 1 Okay, Mr. Murray, then Mr. Wolfley. 2 Mr. Wolfley? 3 COMMISSIONER WOLFLEY: Mr. Saadeh, for one, 4 could we get a picture up there from the unit that 5 would be, let's say, centered on the existing 6 maintenance building? Can you find -- I don't know 7 which one of these that would be. In other words, 8 9 it could be one where you're standing -- MR. SAADEH: Okay. 10 COMMISSIONER WOLFLEY: Because I have a point 11 to make here. <- 12 13 MR. SAADEH: This would be typical picture from an existing building across from the existing 14 Clubs ide Reserve site. That's a typical site. 15 COMMISSIONER WOLFLEY: So in other words that 16 is looking right at the existing maintenance 17 building. 18 MR. SAADEH: Yes, sir. 19 COMMISSIONER WOLFLEY: Have these people ever 20 complained about noise because you're working on 21 the equipment and so on? 22 MR. SAADEH: To my knowledge they have not. I 23 mean, that's the best of my knowledge. I've been 24 there for 23 years. 25 COMMISSIONER WOLFLEY: Thank you. GREGORY COURT REPORTING SERVICE, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pt;C - 20~'!~ to r~ 1 CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Mr. Saadeh, the manila 2 3 folder that you had and you said you had signatures 4 from members of the club. MR. SAADEH: Yes. COMMISSIONER MURRAY: Are every signature from every member of the club also residents in Vineyards? MR. SAADEH: Yes. COMMISSIONER MURRAY: So everyone that signed that is a resident, regardless of where they live. MR. SAADEH: That's correct. COMMISSIONER MURRAY: Thank you, that was my question. MR. SAADEH: They're club members and residents. The ones who signed the petitions are residents and members. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, first question, is the property line that's running -- you're very close to one that's -- I guess you're a foot and a half or 1.4 feet off of that. Would you have a problem unifying those two sites and removing that property line? Because otherwise you should have another setback issue and GREGORY COURT REPORTING SERVICE, INC. fj1(p- 21 r{u,[It? 1A <- 1 you're really going to get beat up when you go for 2 a building permit from the fire separation 3 distance. 4 MR. SAADEH: I'm not sure I understand the 5 question, honestly. 6 COMMISSIONER SCHIFFER: Do you see where 7 you're one foot -- 1.4 feet from a -- the eastern 8 property line? I assume that is a platted site and 9 that is a property line. 10 COMMISSIONER WOLFLEY: It's a curbed property 11 line. 12 MR. MOSS: Commissioner Schiffer, if I may, 13 for the record, John-David Moss, Department of 14 Zoning and Land Development Review. 15 There are no side yard setbacks in the 16 Vineyards PUD. So if this were not -- if this came 17 in as its own SDP, that would not be an issue. 18 19 COMMISSIONER SCHIFFER: So he could have a zero setback there. 20 MR. MOSS: Yes. 21 COMMISSIONER SCHIFFER: Although when he does 22 go to the building department, the fire 23 separation's going to be 1.4 feet and he's going to 24 have a -- ^~'" 25 MR. MOSS: That's a whole nother issue GREGORY COURT REPORTING SERVICE, INC. Ru~jL 22/7/fIJlo 1A 1 entirely. I don't know about what the fire setback 2 3 standards are, but I'm just saying from a zoning ,< , perspectJ.ve J.t's not an J.ssue, so -- 4 COMMISSIONER SCHIFFER: Okay. 5 6 7 MR. SAADEH: We've met with the fire department and they've requested another additional hydrant in a specific location. They've requested 8 a second back flow preventer, which we have one 9 on-site. They've requested a second one so if they 10 put a truck on one end or the other -- because 11 there's an existing driveway there, and that was 12 kind of their barometer. 13 14 We could physically deed any portion of that property to the other entity, because we own both 15 entities. 16 COMMISSIONER SCHIFFER: Right. 17 MR. SAADEH: So if I have to deed 10 feet this 18 way or 10 feet that way, it doesn't really make any 19 20 difference. COMMISSIONER SCHIFFER: And it would be the 21 building department. Because the type of 22 construction -- you'd have to build that out of 23 probably a three-hour rated wall that close to the property line. And if it's a -- MR. SAADEH: So far we we've met with the 24 25 GREGORY COURT REPORTING SERVICE, INC. ,,">' 2 P:il-;t- 2311iJ.co -~ 1 building department and the fire department, and that issue was not an issue. Again as well, we can 3 address it by moving the property lines, because we 4 own both sides of the property. 5 COMMISSIONER SCHIFFER: Okay. All right. 6 The other question is, have you ever tried to 7 design a building that didn't require this 8 variance? For example, you know, the back side of 9 this berm is not that good looking. You could have 10 pushed the building into it. I mean, in Florida 11 we're used to everything being flat. But people do 12 13 design buildings, you know, with -- MR. SAADEH: Well, actually, the building is 14 pushed as back against the berm as possible. And 15 there's the proposed retaining wall that would be 16 built behind the building to protect it from any 17 sliding that might ever occur in the berm if we 18 have a hurricane or a big storm. 19 COMMISSIONER SCHIFFER: Okay. But the 20 question is, did you ever try to design a building 21 that would fit within the setback? 22 MR. SAADEH: If we scaled it smaller, it won't 23 serve the purpose intended with the expenses of 24 sprinkling the building and doing all the other e< 25 things and the site work with it. It would not GREGORY COURT REPORTING SERVICE, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f;c[-fL 24 IfLk[lO 1ft 1 really make, you know, financial sense at all. We 2 would end up with a four or 4,500 square foot 3 building. 4 COMMISSIONER SCHIFFER: Okay. And the type of 5 building, are you just trying to get a metal 6 building to fit in here, is that what this is? 7 MR. SAADEH: It's a prefab metal building, 8 9 very, very similar to the existing one, newer model, obviously. The height of the roof at the peak is 15 feet. The average height of the ceiling is 14 feet. And again, you know, with every expert we've spoken to in our engineering staff, the closer you put it to the wall, the less likely they can see it. The further away you put it from the wall, the more they're going to see it. Plus on a second-story unit, if you look out, you will see the berm that I showed you with the mature trees. If I took those trees out that would be your backdrop, that will be gone. COMMISSIONER SCHIFFER: I mean, isn't the berm between you and the residences? MR. SAADEH: No, sir, it's not. COMMISSIONER SCHIFFER: It's not? MR. SAADEH: No, the berm is actually -- GREGORY COURT REPORTING SERVICE, INC. ,- 10 11 , ,- 12 13 14 15 16 17 18 19 20 21 22 23 24 ,.~~., 25 PJ:.u--/2- 25 t/t4/1o '1~ 1 COMMISSIONER SCHIFFER: Okay, I know what you 2 mean. That berm, okay. 3 All right, my question was, so essentially 4 have you really tried to design something around 5 6 "t? J. . I mean, obviously it's a uniquely shaped site. But you're actually the one that shaped the site. 7 MR. SAADEH: Again, at the time, I mean, I'm 8 9 talking 22 years ago in 1987 is when we built the site. At that time we didn't have a need for another maintenance facility. And again, I mean, if this was a current project outside of a PUD with someone coming in under the current LDC, the maximum setback requirement for this building would be seven and a half feet. We're providing 15 and a half. The fact that the PUD asked for 50 is because we're allowed to go up 35 or 40 feet. I mean, basically that's the main reason the 50-foot is there. COMMISSIONER SCHIFFER: I think John's going to -- MR. MOSS: Yeah, if I just may clarify something for the record. John-David Moss, Department of Zoning. Mr. Saadeh has twice said that the setback of GREGORY COURT REPORTING SERVICE, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 e<<-+ 26 liVlrO 1Pr the most conventional district for a golf course maintenance facility would be seven and a half feet. That's not exactly correct. There actually is no minimum setback, so it's just -- THE COURT REPORTER: Excuse me, you're going fast. MR. MOSS: I'm sorry, it's contagious. But anyway, there is no minimum setback requirement for golf course maintenance facilities in the most similar conventional zoning district, which would be the golf course zoning district. So he's providing one that's 15 feet. COMMISSIONER SCHIFFER: Okay, so say that again? In other words, we -- in a conventionally zoned golf course you can build maintenance buildings on the property line? MR. MOSS: Yes, there is no minimum setback requirement in the LDC. MR. SAADEH: In your current document. COMMISSIONER SCHIFFER: All right. Well, just one more question. When you built the building next door, there's a big issue about between the building and the residential property, that area's supposed to be landscaped. Did that ever come up when you were GREGORY COURT REPORTING SERVICE, INC. 10 11 12 , ,_.~ 13 14 15 16 17 18 19 20 21 22 23 24 .,,- 25 ttL~~ 27 lltle/fO I~ 1 2 3 building the maintenance building to the east? MR. SAADEH: Sir, we built the maintenance 4 building to the east prior to ever putting the wall up or prior to ever putting the landscaping there. 5 At the time we were to develop what was to be known 6 as Clubs ide Reserve, we met with county staff and 7 we said how about we put the buffer all in one 8 location and landscape it heavily and, you know, we can -- we have the option of drawing that line 9 anywhere. The staff and us at that time reached an agreement that we would put this buffer -- I don't remember if it was 20 or 25 feet and properly landscape it. At the time that was as good as anybody was looking for on the county side and our side. And then to make it even better, we built the wall to prevent any noise, additional noise or something. There was no line at the time. We created that line. So it was totally consistent with whatever the county was requiring in those days 13, 14 years ago. COMMISSIONER SCHIFFER: All right, thank you. It is a beautiful buffer. I mean, you couldn't have done it any better. GREGORY COURT REPORTING SERVICE, INC. ---,.._,^..... --_...,-,,- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'Bcc:-fL 28 ,/2it/rO 1r 1 MR. SAADEH: Thank you. CHAIRMAN STRAIN: Mr. Kolflat, then Ms. Caron. 2 3 COMMISSIONER KOLFLAT: Those lists of owners 4 that you submitted or referenced, were they 5 submitted to the staff? 6 7 MR. SAADEH: The ones that support our position? 8 COMMISSIONER KOLFLAT: Yes. 9 MR. SAADEH: No, I'll submit them today, if you'd like. For the record. I said that I'll give them a copy for the record. COMMISSIONER KOLFLAT: So we have not seen those. They're not in our packet. MR. SAADEH: No, they're not. I mean, I could have asked them to come today and I can still do that and ask a lot of people to come in today and sit here. I just chose not to do that in respect of your time and our time. COMMISSIONER KOLFLAT: So you're only representing that they take that position; we haven't heard from them or seen anything in writing. MR. SAADEH: The piece of paper they sign, they can read it for you, which I'm going to give you a copy of. GREGORY COURT REPORTING SERVICE, INC. ~,,-. 10 11 12 ~. 13 14 15 16 17 18 19 20 21 22 23 24 - 25 fflr/L, 29 '{VI! {O 1k 1 It states: We the undersigned residents of 2 3 the Vineyards and members of Vineyards Country Club are aware that the Vineyards Development Corp. and 4 Vineyards Country Club have requested a variance 5 6 from the setback requirement -- CHAIRMAN STRAIN: please slow down. This poor 7 girl's going to have fits over here in a minute. 8 9 We need to slow down a little bit, everybody, so thank you. MR. SAADEH: Okay. We the undersigned residents of the Vineyards -- COMMISSIONER KOLFLAT: You don't have to read it for me. My question really is I guess more to John-David. Why didn't we have a copy of this in our packet so we could be familiar with it? MR. MOSS: Yes, Commissioner Kolflat, I didn't receive a copy of the petition. Obviously he still hasn't submitted it to me yet. But it's my understanding that it was collected after the staff reports were sent to you. I also understand that Mr. Pires has a petition signed by residents that are opposed to it that hasn't been submitted either. But I will get copies of both of those for the record. GREGORY COURT REPORTING SERVICE, INC. - -.--.,,---- . ,.."-~-,--' -.- ,---~ .--, /!;<<--t- 30 ,/211[10 1k 1 COMMISSIONER KOLFLAT: So we have two wrongs 2 then. 3 MR. MOSS: Yeah. All I've collected so far 4 are eight letters of objection that were actually 5 e-mailed me. I think most of them you were copied 6 on. And then one letter of support. 7 COMMISSIONER KOLFLAT: Another question, if I 8 might. 9 How many golf courses are there out there at 10 the Vineyards total? 11 MR. SAADEH: Two golf courses. Thirty-six 12 holes. 13 COMMISSIONER KOLFLAT: Two 18-hole courses? 14 MR. SAADEH: Yes, sir. 15 COMMISSIONER KOLFLAT: Now, how many square 16 feet maintenance area do you generally need for one 17 round of golf? 18 MR. SAADEH: I'm not totally sure. Obviously 19 the one we have is not enough. 20 COMMISSIONER KOLFLAT: What do you mean not 21 enough? 22 MR. SAADEH: I mean we have currently 23 equipment that is not being housed in the building, 24 it's housed outside the building on the same side. 25 COMMISSIONER KOLFLAT: You undertook then no GREGORY COURT REPORTING SERVICE, INC. 10 11 12 '~~, 13 14 15 16 17 18 19 20 21 22 23 24 >,-^,. 25 1 2 3 4 5 6 7 8 9 fMr:R-- 31 1/~{'tJ 1k study to ascertain what the amount of coverage you might need? MR. SAADEH: We figured out how much equipment we have and we realized we need a building in the size of 8,000 to 10,000 square feet to house the existing equipment that we need to house. COMMISSIONER KOLFLAT: And as I understand in your answer to Mr. Schiffer, that you made no investigation as to where that building might be located without having violated the setbacks? MR. SAADEH: No, sir, that's not accurate. We said we looked at all avenues. And if we were to place this size building anywhere else but where we're proposing it, we'll have to destroy the berm, thus the reason for the variance. That's why we're requesting a variance, because we've looked at it any which way and we found out the only way we can do it without destroying the berm is in that proposed location. If we shrunk the building, it won't serve the purpose that we needed to serve. It won't be enough to house the equipment we need to house. COMMISSIONER KOLFLAT: Now, the total you want now -- you have 12,000 square feet now, is that right, coverage for maintenance? You're asking for GREGORY COURT REPORTING SERVICE, INC. ___ w.__.~~_.__ _ ._.~.___~____,,___ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 R!:c--fL 32 t!2k!rO JL 1Jt 1 9,000? 2 MR. SAADEH: More or less, yes. 3 COMMISSIONER KOLFLAT: So it's about 20,000 4 you're talking about, 21,000. 5 MR. SAADEH: More or less, yes. Whatever it 6 adds up to be. 7 COMMISSIONER KOLFLAT: All right. And you 8 9 feel that's kind of common an area of what two golf courses would need? MR. SAADEH: Again, I can't speak for other golf courses. I can give you a general statement. You can physically build a golf course on 85 acres or you can build a golf course on 160 acres. To my knowledge, we have -- the two courses are built on the Vineyards on roughly about 350 acres. So we have one of the largest areas of golf course open space than anybody else has. If you have 90-acre golf course, I'm sure you would need less equipment to maintain it than if you had ISO-acre or 165-acre golf course. Ours are very wide, very user friendly. They're designed for the more senior gentleman and lady than the young athlete professional golfer. COMMISSIONER KOLFLAT: Well, the flora that's shown in your pictures are very attractive. I GREGORY COURT REPORTING SERVICE, INC. - 5 6 7 8 9 10 11 12 , .._~.. 13 14 15 16 17 18 19 20 21 22 23 24 25 w-~ 33 'Ive(fO C~ 1k 1 compliment you on these. It has grown up there 2 over the years to look very attractive. However, 3 we're faced with having to be sure that we're 4 granting a variance that meets certain guidelines included in our LDC. And I think that's the thing that worries me more than anything, whether we're meeting the LDC requirements. MR. SAADEH: Well, sir, on the hope of not being redundant, if I was today -- if I didn't have a PUD document today and just came in under the current LDC today, the same document that you're referring to, I would not even have to provide a one foot setback. I could put the building right against the wall. Yet I'm offering 15 and a half foot setback, and your current LDC does not require that at all. And again, the 50-foot was placed back in 1986. This PUD dates back to 1986 because it allows for three story over building -- over parking maintenance facility. COMMISSIONER KOLFLAT: I have no more questions at the moment. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer. GREGORY COURT REPORTING SERVICE, INC. 2 3 4 5 6 7 S 9 10 11 12 , . 13 14 15 16 17 IS 19 20 21 22 23 24 25 [XL-P- 0 34 'ive/tO Cr- iA 1 COMMISSIONER CARON: Just to get back a little bit to what Mr. Schiffer was talking about and that is the design of the building. You gave us a picture here, and it says equipment to be stored in the proposed building. MR. SAADEH: That's equipment that's currently stored outside. That's where we propose to put it in the new building. COMMISSIONER CARON: Inside the building. MR. SAADEH: Yes, ma'am. COMMISSIONER CARON: But in this picture they are under cover, all right. Most of it is -- MR. SAADEH: Some are and some are not. COMMISSIONER CARON: -- under cover. MR. SAADEH: Yes, ma'am. COMMISSIONER CARON: Is it possible for you to enclose these buildings and put most of that equipment in here and then build a smaller building on the tract that would meet your setbacks? Why is that not possible? MR. SAADEH: To the best of my knowledge it's not because it would have to go through current regulations, which is certain sprinkler facilities, certain separation. Everything have to be sprinkled. The new building is proposed to be GREGORY COURT REPORTING SERVICE, INC. b{JJ ~ 35 I ;z.uho 1k -< 1 sprinkled. The existing building is not sprinkled. So they require different -- you know, different 2 3 design altogether. I'm not sure we'll even have 4 the ample space to place them there. 5 These are just mainly just a roof overhang to 6 protect some of the equipment from the elements. 7 Those cannot be permitted today that way. If I was S 9 to ask the county to give me permits similar to that, they won't issue them today. 10 COMMISSIONER CARON: All right, let me ask you 11 12 another question then about this. This entire area, I mean, approximately how ,!.-,- 13 many square feet are in there, though? 14 MR. SAADEH: I'm not really sure -- COMMISSIONER CARON: Where I'm going, Mr. 15 16 Saadeh, is could these buildings be taken down and 17 you put the new building there or something -- IS MR. SAADEH: Well, if you look at the picture 19 closely -- 20 COMMISSIONER CARON: -- close to it? 21 MR. SAADEH: -- that's actually driveway, and it goes around the entire building. And the fire department requires this type of access to go all 22 23 24 25 the way around. So I think by the time we ask for something that's -- if you look at the scale of GREGORY COURT REPORTING SERVICE, INC. , .. ,~"-<,~~_._".-._--~ 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 2(L-~ 36 1/~lrt? C~ 1A 1 this versus this, by the time we ask for something 2 3 that's of any magnitude, we will not be able to use the road and the fire department would not approve 4 it. 5 COMMISSIONER CARON: But based on the 6 equipment that's out here, you don't need 9,000 7 square feet in order to accommodate that equipment. S 9 You could put a smaller building on that footprint that exists and still be able to use your driveway and meet your fire codes and put in sprinklers and do all the things that you have to do to bring it up to -- MR. SAADEH: Ma'am, this is not -- COMMISSIONER CARON: -- code. MR. SAADEH: -- the picture of all the equipment that we have on the site. This was taken at a moment in time during the day. There could have been 20 or 30 pieces of equipment on the golf course at the time this was taken. This was not scientifically taken to specifically account for every piece of equipment. This was just a sample of this is what we have, this is one of the challenges we have. So this was not taken like at 6:00 in the morning when every piece of equipment was parked in the barn and outside the barn. This GREGORY COURT REPORTING SERVICE, INC. fb.C(j~ 37 I1Z!tf jO fA- ,~.,- 1 was taken at some moment in time during the day. 2 I've taken this a few weeks ago. 3 COMMISSIONER CARON: So you were bringing 4 equipment from other places on your property? MR. SAADEH: No, ma'am. This -- during the 5 6 day we have equipment on the golf course on regular 7 basis. So at that time this equipment would have S been on the golf course that wouldn't be shown in 9 this picture. 10 COMMISSIONER CARON: Okay. 11 CHAIRMAN STRAIN: Brad? 12 COMMISSIONER SCHIFFER: And Donna, that was ......,- 13 kind of exactly my question is that it looks like 14 you could exactly build what you want in the 15 backyard of this and cover that. You don't have to 16 have 100 percent access around the building. 17 I mean, you and I shouldn't be providing IS expert testimony on fire codes, but it just seems 19 why couldn't -- did you ever look at building to 20 building just covering exactly that yard? It 21 almost appears to be exactly that size. 22 MR. SAADEH: Well, actually, it wouldn't fit. ,,-', 23 The other thing I'll tell you, this is a 24 matter of fact, when we proposed this building with 25 the fire department, there's a fire sprinkler right GREGORY COURT REPORTING SERVICE, INC. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tcG-P- 38 t/~r{O /tr 1 in this location right here. The fire marshal came 2 in and said we want a different one in here. We said, how come? If there's a fire -- and luckily, knock on wood, we haven't had one in 23 years. He said no, if there's a fire, we're parking a truck in here, we don't want to go on the other side of the truck to reach a hydrant, we want one on this side of the truck. So I mean, their regulations, they want a fire hydrant here, which is existing. They want another one here, which is not existing, to be added. So I can't really speak as to what the fire codes are but I can tell you, it's the most stringent regulation that you would go to when you're getting a fire permit. COMMISSIONER SCHIFFER: Right. But that's not really the point. What the fire marshal is saying is if we're going to build a building on the other side of the road, give me a hydrant also on the other side of the road. My question really is, is that area behind your existing building looks like an area -- I mean, the existing building is bigger than the new building you want. Why couldn't you put this new maintenance building back there? GREGORY COURT REPORTING SERVICE, INC. ,.n'__ 9 10 11 12 i.__ 13 14 15 16 17 IS 19 20 21 22 23 24 _. 25 -~--".._. - 1 2 3 4 5 6 7 S W-.-fI- 39 1(2ft! ~f) d2- -tit MR. SAADEH: Again, simply it wouldn't fit. I mean, it physically wouldn't fit. If you take the shell in here and superimpose these lines in here, those will be touching. And then this will be blocked and there will be no more road. COMMISSIONER SCHIFFER: Of course you could touch them. You know, here's the problem, is you're asking for a variance. And there has to be good reasons for the variance. And you can't cause the reasons. You know, you subdivided the lot. The big argument here is that you want to put this size building as opposed to another size building that some architect could take your berm, design the building into the berm and probably get you a lot of square footage. It would certainly not be as easy to build as a rectangular metal building. And then you even mentioned that you would have to sprinkler it. Well, you know, we can't give variances for land use based on avoiding sprinkling. So I mean, we really have to have good hardship reasons that aren't caused by yourself or not to be convenient for construction. MR. SAADEH: Mr. Schiffer, I would say that again under the current LDC, if I wasn't allowed to GREGORY COURT REPORTING SERVICE, INC. ---.-- , , 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 f}cLd- 40 IlzullD cf-, r' 'It - 1 go three stories high, I would not need the type of setback that we're requesting a variance for. So basically, I mean, you -- this is a technicality. I'm here stuck on a technicality because my PUD was written in 'S6 and it called for three-story maintenance facilities. Then I would have to have 50-foot setback. Now I'm proposing a IS-foot building -- IS-foot high building and I'm asked to provide still the 50 feet, which doesn't make any sense at all. I mean, I'm easier off going amending the PUD and removing the 50-foot requirement. COMMISSIONER SCHIFFER: I'm a little confused. You're giving the impression that there is conventional zoning allover the county for something that's zoned golf course. You are a PUD. You determined your own zoning, your own setbacks. So, I mean, referencing the conventional when you essentially created your own, I'm not sure, why is that supposed to make, you know, the -- MR. SAADEH: Because 23 years later things are not the same. I'm sure you agree with that. Things change and evolve. And at that time we didn't -- I mean, at that time I didn't craft every letter of the document. We had experts do that. GREGORY COURT REPORTING SERVICE, INC. 10 11 12 '.1._ 13 14 15 16 17 IS 19 20 21 22 23 24 25 1 2 3 4 5 6 7 S 9 P;a:- 41 t/vPlw '14t Hindsight looking at it, you know, we probably should have done it as the other table in the PUD calls for, the residential table calls for. If you had one story, this is your setback; second story, this is your setback; three stories are more, this is your setback. Unfortunately the PUD only -- the golf course site didn't address that. I have the copy of the PUD, if you'd like to see it. It addressed it perfectly for residential, but it didn't for this site. COMMISSIONER SCHIFFER: And we have portions of it. And that would -- maybe I would be happier if you were actually in here revising your PUD so that you could make a building that would fit here. Some of this -- the problem is you're asking for a variance and a variance has to carry a lot of weight as to that you really have a need for it that's certainly not caused by yourself or again to avoid types of construction. But anyway, I'm done, thank you. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Mr. saadeh, I realize you have a need for the building. If you build it in the position you want and push it back towards the berm, how many feet can you go before you start GREGORY COURT REPORTING SERVICE, INC. ." ~-'~--- -.,,--.....-~._,~._.. -. - /bCL-" 42 '/vi/tO '1A 1 tearing that berm down? 2 MR. SAADEH: Matter of fact, this corner right 3 here is at the toe of the berm. And there is going 4 to be a retaining wall built along this side of it, 5 almost all the way across. So pretty much this is 6 as far as it can go back without starting to tear 7 into the berm. S COMMISSIONER VIGLIOTTI: Okay. Because the 9 reason I'm bringing it up is I live in that 10 development, I go up and down that road. If that 11 berm had to come down or any trees in that berm had 12 to come down, it would definitely destroy the view 13 all the way down to the clubhouse. 14 COMMISSIONER SCHIFFER: And I agree with you, 15 but the toe of the berm is the bottom of the berm, 16 correct? 17 MR. SAADEH: Well, actually, this is the toe IS of the berm. The toe of the berm is right down 19 here. 20 COMMISSIONER SCHIFFER: But-- 21 MR. SAADEH: This is the height of the berm 22 with the pictures I just showed you. And I'd be 23 happy to take you out there and drive you over. 24 CHAIRMAN STRAIN: I think he's referring to 25 the toe of the slope of the berm as it moves east GREGORY COURT REPORTING SERVICE, INC. e;.CL-(L 43 r1 'tU-/t.o ,ft " 1 and west. 2 COMMISSIONER SCHIFFER: Right. And my point 3 is that you could push that in, Bob. I mean, just 4 based on the pictures you've given me. I think 5 probably the top of the berm is certainly not in 6 the middle. It looks further towards where you 7 want to build. But you could get a building, S especially a building of this height, back into 9 that berm. 10 And again, in Florida we're so used to flat 11 sites we can't imagine, you know, building 12 something into a hill. But the rest of the world '.,-. 13 does build a lot of nice structures into the hills. 14 And it would obviously have a retaining wall. 15 Anyway, just, you know, that study I don't 16 think was ever done. And that would have been fair 17 to the neighbors to try to make it work out without IS this problem. But anyway, I was done before. 19 CHAIRMAN STRAIN: Any other questions of the 20 applicant? 21 Mr. Kolflat? 22 COMMISSIONER KOLFLAT: Yes, some of the ,.~. 23 requirements that the LDC cause upon us includes 24 whether it's an unnecessary hardship. In other 25 words, you're maintaining or you believe that you GREGORY COURT REPORTING SERVICE, INC. -- .,~ -'--~~'-~"--'-- 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 1 2 3 4 5 6 7 S 9 (!;f1;fL 44 l2f.R//V rJA have an unnecessary hardship if you don't follow the setbacks; is that correct? MR. SAADEH: Yes, sir. I don't want to tear down a berm and landscaping that's been there for 23 years. I mean, that's the number one reason. And plus there is -- in our view there is definitely no impact on anybody next door, because they've been there for all these years and nothing changed. I'm not adding zoning, I'm not changing zoning or use, I'm just expanding an existing facility that was there before the project was ever built. COMMISSIONER KOLFLAT: But what I visualize and what I see is that there is no legal unnecessary hardship in this case. Now, the question of course comes to mind is what constitutes a legal unnecessary hardship. In trying to find the standard and the definition of that, I did some research, and I found that our County Attorney has defined this for us, as well as the BCC. For purpose -- and I quote now from our County Attorney: For purposes of supporting a zoning variance, a legal hardship will be found to exist only in those cases where the property is virtually unusable or incapable of yielding a GREGORY COURT REPORTING SERVICE, INC. 4 5 6 7 S 9 10 11 12 " 13 14 15 16 17 IS 19 20 21 22 23 24 25 Ift- ~ 45 live/to --:~ 1 reasonable return when used pursuant to the 2 3 applicable zoning regulations. And you maintain now that you have an unreasonable hardship; is that correct? MR. SAADEH: I'm maintaining right now that it's the least offensive option to put it where we're requesting to put it versus to tear down a berm, with the understanding that under current rules that the county has today I would not need to have near the setback that I'm providing right now. COMMISSIONER KOLFLAT: But you don't meet this requirement in the LOC. Because I don't believe it's a legal hardship that you have. MR. SAADEH: The requirement of the LOC, unfortunately my PUD supersedes the LOC. If that wasn't the case, we wouldn't be here today. COMMISSIONER KOLFLAT: Now, of course you're the original developer for 20 years in this case, and any asserted hardship that is self created by the applicant, this includes the unusually shaped parcel, location of the Curbside community development, PUD setback requirements, et cetera. You've had an opportunity to dictate that all along, since you've been the original owner. MR. SAADEH: Correct. But again, as things GREGORY COURT REPORTING SERVICE, INC. . ,-.-..--,.., 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Rx1-~ 46 ilzu{ro --1-A 1 evolve with time -- I don't have a crystal ball to 2 foresee what happened. I'm sure nobody here knew 3 what was going to happen last year in the economy 4 or the year before. 5 COMMISSIONER KOLFLAT: But in light of this 6 definition of un -- legal unnecessary hardship, if 7 you cannot tell me what your hardship is and that it is unnecessary, I find it hard to violate the S 9 LOC. MR. SAADEH: Well, my hardship is twofold: One is removing a berm and existing facility that's been there for 23 years just to account for a setback that your own LOC does not require today just doesn't make sense, with all due respect. COMMISSIONER KOLFLAT: That doesn't make it incapable of yielding a reasonable profit or return. MR. SAADEH: I would venture to say that a lot more people and members of the club will be impacted by removing the berm than the few people you have in this room today facing this petition and going against it. COMMISSIONER KOLFLAT: Well, don't bring up the people in the room or what you've sent us, because we haven't gotten any letters from anybody GREGORY COURT REPORTING SERVICE, INC. 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 bcu t- 471/vt/fl 1ft yet, apparently. MR. SAADEH: No, but I mean, you have registered speakers against this, and they have an attorney, so -- COMMISSIONER KOLFLAT: That's all I had, Mark. CHAIRMAN STRAIN: Mr. Murray, then Mr. Wolfley. COMMISSIONER MURRAY: Mr. Saadeh, would you show us, please, at that map, show us where in the morning and in the evening where the vehicles that are currently used for maintenance travel, their travel line to go out and do their thing. MR. SAADEH: Well, some vehicles come up and down this path and go to the north golf course, because we have two courses. And the ones that service the south golf course come out this way. And there's a concrete path in here. They hug this path and they go out to the southern golf course. COMMISSIONER MURRAY: Thank you. Just remain there if you would, please. The distance from the current building to any residence is approximately what, sir? MR. SAADEH: I'm not 100 percent sure. Way over 100 feet. COMMISSIONER MURRAY: And on your proposed new GREGORY COURT REPORTING SERVICE, INC. 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 ~ -~ 4S /, '2>>!tD 1A 1 building, what would the distance from any -- the closest point of a building to any residence would be? MR. SAADEH: This dimension would be -- the closest corner of the building to the closest corner of the other building would be SO feet. COMMISSIONER MURRAY: Okay. The vehicles use what type of fuel, sir? MR. SAADEH: I think most mowers are either gas or diesel. COMMISSIONER MURRAY: Diesel or gas. And is diesel or gas stored on your property in the other current facility? MR. SAADEH: This is the fuel facility that we have on the property, and it's not proposed to be changed. It will remain right here. COMMISSIONER MURRAY: And so now that new building, the proposed building, would be for the storage and maintenance of these buildings -- of these vehicles? MR. SAADEH: Storage and maintenance of mowers, but no storage of chemical facilities or the fuel. The fuel is supposed to be here, it stays here. And the chemical component is a portion of this building that's designed properly GREGORY COURT REPORTING SERVICE, INC. -fL I 1ft[tV 49 1* 1 for that, that will stay there. COMMISSIONER MURRAY: Thank you. would the -- at the end of the day when the 2 3 4 5 6 7 S 9 vehicles are being housed in the proposed new building, would they be driving into the building? MR. SAADEH: Yes, I'm sure -- COMMISSIONER MURRAY: So there's no door on either side, it's just one entry and exit on one side; am I correct? 10 MR. SAADEH: The proposed doors are on this side. We could have easily -- we could easily add a door on this side, if that makes a difference. 11 12 13 COMMISSIONER MURRAY: Well, I'm not one -- 14 that's fine, but I want to find out. The vehicles 15 16 are going to drive into the vehicle -- I'm sorry, into the building? 17 MR. SAADEH: That's correct. IS COMMISSIONER MURRAY: And when they leave in 19 20 the morning, are they going to back out? MR. SAADEH: I'm not sure what the -- 21 COMMISSIONER MURRAY: Well, they're not going 22 to . are they? go J.n an arc, 23 MR. SAADEH: I'm really not there on a daily 24 basis to see the modem, how they operate. I'm sure - 25 they either back out or turn around or something. GREGORY COURT REPORTING SERVICE, INC. S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 1 2 3 4 5 6 7 ea-:-~ 50 ((tIP/to ~"1A I don't know the -- I mean, I don't know where you're leading with this. COMMISSIONER MURRAY: Well, I'm going to tell you where I'm leading. My concerns are for glare, noise, odor. Those are one of the other -- those are some of the other characteristics that relate to human beings and their dwellings. And I recognize your perspective about seeing the entirety and benefiting the whole, but just like in democracy, one of tenets is the majority has the obligation to protect the minority. And so those four residents have essentially the same rights as the rest of the folks. My concern is, and I hope that I've led you there for you to understand, is the smell, the noise and during the course of a day if they're performing maintenance, there's other noises associated with it. So I think that's part of this. Would you like to comment on anything I've just related? MR. SAADEH: As it's been for the last 22 years, again, the maintenance for -- the maintenance equipment that services the south golf course drive right by this line, by this wall, all GREGORY COURT REPORTING SERVICE, INC. , .-'., 1 2 3 4 5 6 7 S 9 10 11 12 "'--.~, 13 14 15 16 17 IS 19 20 21 22 23 24 25 fu.;~ 51 l(vt (0 Ii) .. 1fCJJ- the way out this way. So the traffic you're talking about or the number of equipment you're talking about or the noise you're suggesting or the smell of fuel or whatever, it's already there now and it's been there for 22 years, and not once did we hear one complaint about it. . I mean, J.t's typical in this type of operation. We do not have the type of heavy equipment that -- we use regular mowers and we use, you know, regular trim equipment that if they hand operate it, they load them on one of these utility service vehicles and they take them out on the course and use them where they need to use them. COMMISSIONER MURRAY: I appreciate that, and I'm not going to get into a state of argument with you, but I would just offer that a vehicle passing by allows its penetration of annoyance for a brief period, as opposed to something that is in a cubicle or in a space has to back out, makes noise that way and is stored there and there's inevitably the smell of fuel. That's just my view. And I'm just asking that question, because that's a concern I'm sure you have with respect to your neighbors. You want the people who live there to be comfortable. GREGORY COURT REPORTING SERVICE, INC. /;(0--12- 52,1iJ1D 1ft 1 MR. SAADEH: Sure. And we've done that for 2 all these years. 3 However, I'll say this: I'm kind of catching a little bit of where we're going with this. The 4 5 mowers that we have, not one of them that I know 6 would have a beeping sound on a reverse cycle. 7 Those sounds are more associated with heavier type S equipment, like big back hoe or a big loader or anything that when you put it in reverse it gives 9 10 you that beeping sound. 11 The mower is just a mower. You put it in 12 reverse, you put it forward, it's the same sound, 13 the motor's the same. It doesn't have that extra 14 sound that we might be suggesting here. 15 COMMISSIONER MURRAY: I think that's an 16 excellent point for you to have made. 17 But my last question then has me provoked, IS which is a good question, I think. Looking at that 19 picture, are those all mowers that we're looking 20 at? 21 MR. SAADEH: Mowers and tractors. Tractors 22 23 are used for mowing, that's what we use them for. COMMISSIONER MURRAY: All right. I'm looking 24 at what I thought I saw here where there's tractors here, and looks like other type of maintenance 25 GREGORY COURT REPORTING SERVICE, INC. .--'-, 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 -<< 25 --~_..,,_.~-- tI;L-P.- 53 l(vAto 1A vehicles. MR. SAADEH: We have one back hoe and that doesn't get used on a regular basis, it's if we have a leak or if we have to dig a hole when a water line bursts. But that doesn't get used daily or even sometimes weekly. And I can see that this vehicle, if it bothers you, we'll put in the other building. COMMISSIONER MURRAY: Okay. I will stop now with regard to that. But I thought it was important for you to appreciate that. That is something that has to be a concern. MR. SAADEH: No problem. CHAIRMAN STRAIN: Mr. Wolf ley? COMMISSIONER WOLFLEY: Something came up when Mr. Kolflat was questioning the hardship issue. And what came to me is I had a job for 10 years where I contracted with developers, and I've had an opportunity to visit many, many golf course communities and their of course maintenance facilities. Some lease, some own their equipment. And what I look at is if I lease a car, I'm probably not going to take as good of care of the car as I am something that I own. In other words, the equipment, they're probably keeping the leased GREGORY COURT REPORTING SERVICE, INC. --.- ......__..-.~-- - ---~-_.~--"--. ...- --... 54 1 equipment outside and they want to keep the 2 equipment that we own inside so that it will last 3 longer. I don't know if that's a hardship. 4 But when I was reading through this, that's 5 what I took away from it. And I just -- I looked 6 at that as a hardship, a financial hardship. So I 7 just wanted to comment on that. S And I'm going to have to disagree with you, 9 Mr. Murray, that a portion of the people have to 10 support the other. I don't think that's democracy, 11 that's communism. 12 COMMISSIONER MURRAY: It's actually our 13 constitution. 14 CHAIRMAN STRAIN: Mr. Vigliotti? 15 COMMISSIONER VIGLIOTTI: Yeah, I don't want to 16 get caught in between the both, but I do agree with 17 you as far as the maintenance sheds. There's going IS to be a building put up here, it's just a matter of 19 where it's going to go. And the further out it 20 goes, the closer it is towards the berm. And I do 21 feel there is a hardship with that, because of the 22 economy. And leasing versus ownership, I thought 23 the exact same thing as you, if you lease a vehicle 24 you just park it outside in these temporary sheds. 25 But if you want to own them and maintain them GREGORY COURT REPORTING SERVICE, INC. ffD-~ 55 lIVe/to 1A 1 and as far as the vehicles going by, they have the 2 mowers going by right now all day every day anyway, 3 so that's not going to change. 4 CHAIRMAN STRAIN: Okay, are there any -- 5 Ms. Homiak? 6 COMMISSIONER HOMIAK: Could you put the 7 picture up that has the proposed building site and S existing berm buffer? 9 MR. SAADEH: Sure. 10 COMMISSIONER HOMIAK: The little storage 11 building on the top that has the dumpster in it. 12 CHAIRMAN STRAIN: You know, Cherie', after e" 13 today my fast talking to you is going to be slow. 14 COMMISSIONER HOMIAK: Is that lower green 15 portion there, that's where the building is going 16 to go? So it is going to be right up to the berm? 17 MR. SAADEH: Yes, ma'am, the -- actually, the IS building will go back to the berm as possible. And 19 that's also triggering the building of a small 20 retaining wall to the back of the building to 21 protect it from the toe of the berm. So as far 22 back as we can push it. I mean, it can't push 23 anymore than that. 24 COMMISSIONER HOMIAK: And you're trying to "" 25 keep the asphalt area -- GREGORY COURT REPORTING SERVICE, INC. ,. ,~._~"--_....-,,.. , , . , , 2 3 4 5 6 7 S 9 10 11 12 13 14 tdr- A- '/zu/fo /1 56 1fr C 1 MR. SAADEH: The some of the asphalt is going to COMMISSIONER HOMIAK: -- seep through into that a little bit. MR. SAADEH: Yes, some of the asphalt's going to be part of the actual foundation. COMMISSIONER HOMIAK: So you're right in that kind of dug out area. MR. SAADEH: Right. COMMISSIONER HOMIAK: Looks like. MR. SAADEH: I mean, if you notice on this picture, this is some of the asphalt that will be the footer of the building itself. And some of the grass on that back. And so we're eating some of 15 the asphalt as well. 16 17 IS 19 COMMISSIONER HOMIAK: Okay, thank you. CHAIRMAN STRAIN: Okay, does anybody else have any -- Mr. Kolflat? COMMISSIONER KOLFLAT: Yes, for my colleagues, 20 I want to assure you that what I was reciting as 21 far as the legal necessary hardship was not my 22 definition whatsoever, it's the definition of our 23 County Attorney, and I think he has some 24 credibility in that area making a definition. 25 COMMISSIONER WOLFLEY: A bit. GREGORY COURT REPORTING SERVICE, INC. 6.<<--12-- 57 t/2u/to 11} -^ 1 CHAIRMAN STRAIN: Is there any other questions 2 of the applicant from anybody on this panel? 3 (No response.) 4 CHAIRMAN STRAIN: Okay, with that we'll have 5 6 staff report. 7 Thank you, Mr. Saadeh. MR. SAADEH: Thank you. CHAIRMAN STRAIN: And you'll have an S 9 opportunity to come back and rebut at the end of 10 the public discussion. 11 MR. SAADEH: Thank you very much. 12 MR. MOSS: Thank you, Commissioner. For the .L. 13 record, John-David Moss, Department of Zoning and 14 Land Development Review. 15 Staff is recommending approval of both of 16 these variances. There is the 15.4-foot setback 17 variance for the building, and also a landscape IS variance. Normally a 10-foot wide landscape buffer 19 would be required adjacent to the existing buffer. 20 And staff is allowing -- or recommending that the 21 applicant be allowed to provide this buffer in two 22 separate areas, as he's able. And then also the 14 23 canopy trees that would normally be required to be 24 planted in these two buffer yards. ,_.,,,,, 25 With regard to the petition, staff took a GREGORY COURT REPORTING SERVICE, INC. .__'.__._.'_.__.._ H' _, __...."".._.._.~.__.~...._" -",._.,,---~..~,"_._.. --"'-~--- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 b(L-/L 58 '/2k/rO 7A 1 holistic approach to the request when we were evaluating it against the criteria of the LOC. And I just wanted to point out that the proposed building is stipulated to be only 15 feet in height. The PUD allows heights in this golf course district to be three stories over parking, so it's approximately 40 to 45 feet. And staff thought that -- and the reason that the PUD anticipated a 50-foot setback was because these heights were so great. And staff felt that with the applicant willing to limit the height to only 15 feet, that a IS-foot setback would be adequate, since the most conventional comparable zoning district, the golf course zoning district, doesn't have any setback requirements for golf course maintenance facilities. I'd also like to point out that there is an existing vegetative buffer on the adjacent property, and there are pictures of it included in your staff report. And I think Mr. Saadeh has presented some to you today. This canopy is 16 feet in height. And so obviously the proposed building is not going to protrude above the canopy like a 40 to 48-foot building would. So it seemed to staff that this would be something that would be GREGORY COURT REPORTING SERVICE, INC. - - 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 amenable to everyone involved. Staff also didn't want the applicant to remove the berm because of the public benefit it provides, not only to the members of the Vineyards Country Club who pass by it, but also to the adjacent neighbors who are opposing the project, because it presents really an attractive view from their units. And so if it were removed and a 4S-story (sic) building put up, it seems like no one would win in that situation. But it is something that Mr. Saadeh is certainly entitled to do according to the PUD document. I'd also like to add that I hadn't heard until today that lighting might be an issue, but we can certainly include a stipulation in the resolution, if this petition gets approved, limiting the lighting that's allowed on the site or the hours of operation of the lighting, that sort of thing. So that is definitely an impact that can be mitigated. And that's all I have. I '11 be happy to answer any questions you might have. CHAIRMAN STRAIN: Okay, Mr. Vigliotti? COMMISSIONER VIGLIOTl'I: J. D., you're recommending approval. I presume then you agree this is a hardship. GREGORY COURT REPORTING SERVICE, INC. -- -.."--- ~- -........" 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 kVfL 60 t/21/{O 71t MR. MOSS: Yes. And I would like to point out that the criteria that are outlined in your staff report, those are just general guidelines that you are supposed to follow when you make recommendation. They're not hard and fast rules, you don't have to agree with everyone, but generally those are the guidelines you're supposed to be following. And so staff considered the berm to be a hardship. The berm was actually built 20 years ago when there was a water plant on the site. And obviously when the site was -- excuse me, when the whole vineyards PUD was able to connect to the county water and sewer system, that plant was no longer needed and it was removed. But I just didn't see any point in having the applicant destroy this beautiful berm when he's not even proposing a building that's going to be 40 to 48 feet. COMMISSIONER VIGLIOTTI: I agree with you totally, to move that berm just wouldn't make any sense. And I live there and I go up and down that all the time. And to move that berm I do consider a hardship. CHAIRMAN STRAIN: Anybody else? GREGORY COURT REPORTING SERVICE, INC. ,.'m.', ffir~ 61 '/vPfIO A. /tI - 1 Ms. Caron, then Mr. Schiffer, then Mr. 2 Kolflat. 3 COMMISSIONER CARON: In your global look at 4 this variance, did you ask yourself why anybody 5 would build a 48-foot building for -- to house a 6 tractor or a lawnmower? 7 MR. MOSS: No, I -- of course I didn't look at 8 that. I looked at the application that was 9 presented. All I'm saying is he was entitled to 10 build a story with a maximum height of up to 11 48 feet. He could provide parking underneath the ,-~.... 12 building, he could do something above it, I don't 13 know. But I looked at the application as it was 14 proposed and it seemed to me that this was an 15 outcome that would benefit everybody. 16 CHAIRMAN STRAIN: Okay, Mr. Schiffer, then Mr. 17 Kolflat. 18 COMMISSIONER SCHIFFER: John, in the original 19 PUD, what was this land area culled out to be? 20 MR. MOSS: It was culled out as a utility 21 tract. It was supposed to be for the -- and it did 22 23 serve as a water treatment plant. COMMISSIONER SCHIFFER: Did that have <- 24 requirements, developments standards in it? 25 MR. MOSS: It did, but the PUD was amended and GREGORY COURT REPORTING SERVICE, INC. - - ,,~, "._~.~_.~ 1 -_._--.....---- _ ....."..w.._ < , 8({;-R- 62 V2k[IO 1 those were all removed. 2 COMMISSIONER SCHIFFER: And at that time this 3 was transferred into a golf course use. 4 MR. MOSS: Yes, the PUD document was amended. 5 This portion was converted to golf course use and 6 the portion below it was converted to residential 7 use, which is the Clubs ide Reserve which that's 8 9 adjacent to it now. COMMISSIONER SCHIFFER: So this is the 10 appropriate category. 11 MR. MOSS: Yes. 12 COMMISSIONER SCHIFFER: You know, you're 13 testifying that we have to tear down the berm. I 14 mean, that's an absolute? Has anybody ever 15 realized that you could go into the back of the 16 berm? Right now he's at the toe of it. He could 17 go in a little bit, a little bit. The pictures show it's pretty ragged on the back side. So why aren't we building a wall -- looks like the berm's 18 19 20 pretty tall. Looks like you would get essentially 21 the wall of a one-story building into the back of this berm without affecting the aesthetics from the 22 23 other side at all. 24 MR. MOSS: Yeah, I don't know how the root 25 systems of the trees would be impacted if too much GREGORY COURT REPORTING SERVICE, INC. >" 8 9 10 .C_.. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-- 25 63 ~ TO 11r 1 of the berm were removed. But certainly some of the berm could be removed. And some of it is 2 3 proposed to be removed and a retaining wall constructed so it doesn't slide down. 4 5 COMMISSIONER SCHIFFER: A tiny bit. MR. MOSS: A tiny bit. COMMISSIONER SCHIFFER: We have the drawings 6 7 that show. I mean, so, you know, we can't go around saying it's the berm or this building, because it really isn't. In other words, there really is the ability to do a building on this site and not destroy the berm. MR. MOSS: I don't know that, no. COMMISSIONER SCHIFFER: Well, I mean, but you're asking us to do a variance. And you're saying that there is no hardship that this berm, a 20-year old berm -- first of all, if we made a mistake today it would be cured in 20 years by the proof that you could -- it takes 20 years to make something that valuable. But, I mean, don't you think it's important to have those studies before we -- a variance is a precious thing. That's my problem. I mean, honestly, if he was in here to amend the PUD to GREGORY COURT REPORTING SERVICE, INC. "._'~-"~- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -(L 64 , u(ro -A- 1 allow utility buildings on a golf course and had 2 all these little setback issues, I would probably 3 be much more -- MR. MOSS: No, you're absolutely right, it would be nice to have that information. But we don't have it and so I can't say how much of the berm can be removed before you're actually destroying the vegetation that's planted on it. I don't know. COMMISSIONER SCHIFFER: And remember the precedent we do here. I mean, this is a site that they determined the shape, they put a berm on it themselves and now the berm is a hardship, a hardship that's normally used for, you know, some rock outcropping up north or something, you know. Anyway, when you go through the analysis, I actually don't agree with some of these. First of all, I don't think there's special conditions because he essentially created those special conditions. But you did say -- I mean, he can use the property, it's just solely based on the design of this inexpensive metal -- MR. MOSS: Right, he's not going to lose -- COMMISSIONER SCHIFFER: building is his GREGORY COURT REPORTING SERVICE, INC. , , <,< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .'~' 23 24 25 '_"_".'_,.'m' /;w~ 65 'JzufriJ --rk hardship. He wants -- in other words, he can't get a cheap inexpensive metal building in there without , a varJ.ance. MR. MOSS: Well, what he told me was that he was unable to accommodate the equipment that he has in a smaller building. Because that was my first recommendation is that a smaller building be constructed that wouldn't require any sort of encroachment into the setback yard. But he said he needed a building of that size in order to fit all the equipment that he has. And he was renting the equipment, or he has been renting the equipment, and as soon as he has a place to store it, he's actually going to be buying it and wanting to take better care of it, like Commissioner Wolfley had mentioned, since he's actually going to be owning it rather than renting it. COMMISSIONER SCHIFFER: And a land use variance is based on the ownership or rental of equipment? MR. MOSS: No, no, no, I didn't -- COMMISSIONER SCHIFFER: That's what you're . saYJ.ng. MR. MOSS: No, I'm not. COMMISSIONER SCHIFFER: You just said that, GREGORY COURT REPORTING SERVICE, INC. W._~'~_'_"'___ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bCL- R- '!Ut(ltJ 66 -JA you know -- MR. MOSS: I'm just saying that's why he says he needs a building that large. Because I asked him why he couldn't build a smaller building, and that was the reason he gave me. COMMISSIONER SCHIFFER: Well, there's no proof here that he can't build a building with the exact same square footage if he goes into the berm and makes the shape not a square shape. MR. MOSS: That's true, we don't have that -- COMMISSIONER SCHIFFER: I mean, he could still use metal construction. MR. MOSS: -- information. COMMISSIONER SCHIFFER: So, I mean, you know, there has to be a burden on a variance for us, because we can't set a precedence where somebody, just because they don't want to do something, that becomes a reasonable variance. MR. MOSS: No, I accepted his testimony that he needed a building of that size. COMMISSIONER SCHIFFER: And that exact shape. MR. MOSS: No, not of that exact shape, but of that size. COMMISSIONER SCHIFFER: Because there is no testimony that you can't build a building of that GREGORY COURT REPORTING SERVICE, INC. R;C{ft.- f{Zui'O 67 7ft 1 size on the site. 2 MR. MOSS: No, there's not, there's not. 3 COMMISSIONER SCHIFFER: And I'm not so sure 4 you can't. 5 I guess I'm done -- well, let me just go to 6 the issue. The issue of the site, the setback. 7 You're comfortable that he does not need any 8 setback? Because now that he's golf course, the 9 only reference to any kind of setback in the golf 10 course zoning is the distance from a residential 11 area. 12 MR. MOSS: Let me be clear. I'm not sure I "< 13 understand your question. The-- 14 COMMISSIONER SCHIFFER: Well, I'm concerned 15 about that property line that's alongside the 16 building. You know, property line means something 17 in land use. It also means something in building 18 code. So you're comfortable that that's not 19 20 21 something that requires any kind of setback issue in land use? Ray's nodding -- MR. MOSS: Ray says it's correct. 22 COMMISSIONER SCHIFFER: In the -- 23 MR. BELLOWS: For the record, Ray Bellows. 24 You're talking about this tract line? 25 MR. MOSS: Oh, the side yard setback. GREGORY COURT REPORTING SERVICE, INC. - "....- ...__._---~~-- - _.._.__.,_._._.._---~ < < /3.(C,-fL 68 t72fPl10 1A 1 COMMISSIONER SCHIFFER: It's not a tract line, 2 it's noted as a property line. 3 MR. BELLOWS: Or property -- 4 MR. MOSS: Yes, yes. 5 COMMISSIONER SCHIFFER: And that means 6 something. It's a simple word, simple meaning. 7 MR. MOSS: Uh-huh. 8 COMMISSIONER SCHIFFER: The other question is, 9 in the PUD it states that the area between the 10 residential and the building has to be landscaped. 11 MR. MOSS: It doesn't say that it has to be 12 land -- oh, it does say it has to be landscaped, 13 but not that entire 50 feet. 14 COMMISSIONER SCHIFFER: How do you know? 15 MR. MOSS: Because then it wouldn't say that 16 no parking would not be permitted in there. 17 Because it goes on to say that. And if it were 18 implied that the whole thing was going to be 19 landscaped, then why would they say that parking 20 couldn't be permitted there? 21 COMMISSIONER SCHIFFER: Let me grab it real 22 quick. 23 It says no parking will be allowed in the 24 buffer. It says -- let me read the thing. 25 Building shall be set back a minimum of 50 feet GREGORY COURT REPORTING SERVICE, INC. m- !lIL 69 I!?Jo, 10 {)II '11t- 1 from an abutting residential district, and the 2 setback area shall be appropriate (sic) landscaped 3 and maintained to act as a buffer zone. No parking 4 will be allowed in the buffer zone. 5 MR. MOSS: Right. And the appropriate buffer 6 zone in this case would be a 10-foot wide buffer 7 with 14 canopy trees. 8 9 COMMISSIONER SCHIFFER: No, it's defining that area as a buffer zone. It's not saying, you know, 10 in the future there's going to be a land use 11 element called a buffer and that's what -- 12 13 MR. MOSS: I disagree. MR. BELLOWS: For the record, Ray Bellows. 14 Staff has taken the position that the LDC 15 required buffer is the appropriate buffer, as 16 referenced by that language that you just cited. 17 MR. MOSS: Yeah, I think it would have been 18 more appropriate in the PUD document to call it a 19 setback yard. And I think whoever used the choice 20 of calling it a buffer yard has caused confusion by 21 it. But I don't think that was the intent that 22 that whole 50 feet needed to be buffered. Because 23 it just doesn't make sense that they would then say 24 that no parking would be allowed in that 50-foot 25 buffer yard if it were supposed to be vegetative. GREGORY COURT REPORTING SERVICE, INC. ..-..---,- ,,"',--,,--_... - _._n_+_"_ , ._..........,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !JCLJ:j2 701/iiJtO (It COMMISSIONER SCHIFFER: I think they didn't envision utility buildings when they wrote this, I agree with that. They certainly don't envision, you know, up above parking 45 feet. But read what it says. It says, and shall be appropriate (sic) landscaped and maintained to act as a buffer zone. That's pretty precise to me that that's the buffer. MR. MOSS: A buffer zone, though, doesn't mean that there's vegetative screening. A wall is a buffer too. COMMISSIONER SCHIFFER: But they're saying that area, you've got to push the building back 50 feet and, by the way, that area in between there is going to help buffer -- MR. MOSS: Is going to act as a buffer. COMMISSIONER SCHIFFER: -- whatever you want, you know, whether you put materials, it doesn't have any landscape requirement, it doesn't have wall requirement -- MR. MOSS: Right, that's why it seems like it COMMISSIONER SCHIFFER: -- it says to have one requirement, no parking. MR. MOSS: Right. And that's why it should be GREGORY COURT REPORTING SERVICE, INC. W, If z/.R IV 71 1k ~- 1 called a setback yard in that document, not a 2 buffer yard. 3 COMMISSIONER SCHIFFER: But you're using 4 contemporary -- you know, we've since evolved our 5 code to have a buffer and you've actually taken the 6 contemporary buffer and trying to make it work in 7 that. 8 But enough said. I mean, I don't see how you 9 could come to that conclusion, but you're there. 10 Thank you. 11 CHAIRMAN STRAIN: Mr. Kolflat? -,",~ 12 13 COMMISSIONER KOLFLAT: J.D., since I like you so well, I want to share with you a memorandum that 14 I hope you'll read -- 15 MR. MOSS: Okay. 16 COMMISSIONER KOLFLAT: This memorandum went to 17 the Board of County Commissioners from Jeffrey A. 18 Klatzkow through David C. Weigel, January 23rd, 19 2006 entitled variance law, general principles. 20 And you mentioned something about a necessary 21 hardship. That's covered in that particular 22 memorandum. 23 MR. MOSS: I mentioned that? 24 COMMISSIONER KOLFLAT: No, you mentioned a - 25 necessary hardship, that you felt there was a GREGORY COURT REPORTING SERVICE, INC. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 #-12- . I(ZLJro C 721k 1 necessary hardship. MR. MOSS: I felt that there was a hardship. COMMISSIONER KOLFLAT: well, this contains a definition of what constitutes a hardship. MR. MOSS: Okay. And all I want to point out is that these criteria that are in the LOC are general guidelines for you to follow. To approve a variance you don't have to agree with every single one of them, they're just general evaluative criteria for you to follow . COMMISSIONER KOLFLAT: And this memorandum is guidelines for what we should do at these hearings. MR. MOSS: Okay. COMMISSIONER KOLFLAT: From our attorney. MR. MOSS: Okay. MR. BELLOWS: For the record, Ray Bellows. Staff has reached its position and opinion and rendered it in the staff report. The Planning Commission can come to a completely different finding and we'll note so, and it will be taken to the Board of Zoning Appeals for a final hearing. There's no reason that Planning Commission -- CHAIRMAN STRAIN: Well, we know the meeting's justified and we'll continue with the process. GREGORY COURT REPORTING SERVICE, INC. .,'-., 2 3 4 5 6 7 8 9 10 .<- 11 12 13 14 15 16 17 18 19 20 21 22 23 ~.-" , 24 25 fyC& (L 1/1/110 II lD ./ 73 1<A cr 1 Everybody will have their say when we vote. Mr. Wolfley? COMMISSIONER WOLFLEY: We have heard Mr. Klatzkow's name used several times. Could you please, Jeff, in your opinion, describe this issue, this memorandum that you wrote, and does it pertain to this and -- MR. KIATZKOW: Well, it pertains to all the variances. I'll be happy to send you a copy of the . . opJ.nJ.on. COMMISSIONER WOLFLEY: Well, would you articulate it now so everybody can hear? I mean, was that -- how do you feel about that? MR. KIATZKOW: If we're talking about the issue of hardship, all right, the -- a legal hardship typically requires a much higher standard than typically we give in this county, okay? We tend to give variances in this county when there's no opposition, would it make sense to us. We really don't focus on the hardship and we tend to deny variances when there is a community revolt against them. Again, we don't really look at the hardships. So customarily this county's approach to variances is a bit different than what the legal GREGORY COURT REPORTING SERVICE, INC. "'......~,.__.. n __.~._..,- , ~---- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 Itf-:- fL 74 /f2tR7to 1ft standard is. Legal standard is going to come into play should there be a challenge, you know, on a denial. At which case it will be the petitioner's legal need to show to the court that he had a legal hardship here. Now, I don't think he's going to be able to show that, all right, under the legal standard. But the way we've customarily done with variances here and what the legal standard is on granting variances are really two different things. The legal variance is much, much more conservative than what the county's been doing. Which is fine. But, you know, we've got the right to do this. CHAIRMAN STRAIN: Okay, Mr. Wolfley, anything else? COMMISSIONER WOLFLEY: Yeah, sort of. So do you agree with Mr. Kolflat's position in this case, this particular case? CHAIRMAN STRAIN: Mr. Kolflat simply read the memo. COMMISSIONER WOLFLEY: I know. CHAIRMAN STRAIN: Do you disagree with your memo or do you agree with your memo? MR. KIATZKOW: No, I agree with my memo. But what I'm telling you is that, you know, GREGORY COURT REPORTING SERVICE, INC. ~"h_ 1 2 3 4 5 6 7 8 9 10 11 12 .._. 13 14 15 16 17 18 19 20 21 22 23 24 - 25 R;CCr~ 75 IfVl/IP 1~ you need to hear these things and hear all the evidence, you know, weigh everything and then make a recomnendation to the Board of County Commissioners. That's all. CHAIRMAN STRAIN: Right. COMMISSIONER VIGLIOTTI: Staff approved this and County Attorney must have approved this so it got to here. So evidently everybody is in agreement. MR. KLATZKOW: well, let's understand that, you know, staff has the application by the petitioner in front of it, okay. Staff does not have the testimony that we haven't heard yet from the comnunity, you know, at this point in time. So, you know, staff's opinion -- staff's opinion'S at a moment in time, all right. NoW, they don't have the benefit of hearing what the testimony is going to be here, and Lord knows, looks like we're going to get some testimony here against this thing. And then we'll have to see. I mean, staff may rethink its opinion after it hears everything, I don't know. COMMISSIONER SCHIFFER: Mark, can I -- CHAIRMAN STRAIN: Sure, go ahead -- well, GREGORY COURT REPORTING SERVICE, INC. . "-~--~- " , ,~. .., . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bcc~f(, 1 Mr. Wolfley, are you finished? 2 3 COMMISSIONER WOLFLEY: I am done, thank you. CHAIRMAN STRAIN: Mr. Schiffer? 4 COMMISSIONER SCHIFFER: Well, one thing Bob 5 6 just said is when you -- the County Attorney never approves these applications, you accept it for -- 7 COMMISSIONER MURRAY: Form. 8 9 COMMISSIONER SCHIFFER: -- substance and form, right? So when you say that the staff approved it and the County Attorney approved it, two different weights, two different things. So-- MR. KLATZKOW: We're not a decision maker. We don't render opinions on that. CHAIRMAN STRAIN: Are there any other questions of staff at this time? (No response.) CHAIRMAN STRAIN: Okay, thank you, J.D. Ray, before we call public speakers, how many public speakers do we have? MR. BELLOWS: We have nine registered speakers. CHAIRMAN STRAIN: And there may be more on the register -- unregistered. And one of those is Tony . PJ.res. MR. BELLOWS: He's the first one. GREGORY COURT REPORTING SERVICE, INC. ~"- 5 6 7 8 9 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 - 25 Bco- . llVi I' !IV - 77 1~ ()I 1 CHAIRMAN STRAIN: Okay, shortest one is first, 2 huh? 3 It's the decision for the Planning Commission 4 we will -- by that many public speakers, we'll certainly be going past noontime. We have people who are going to be showing up here at noon thinking we're done. We won't be. We can take our hour now, be back here at 12:30, then continue with this. Because we probably got another hour at least before this is wrapped up. And then we can go on to the next one if that -- and that kind of will let the people know when they come back we're still in session. Mr. Murray? COMMISSIONER MURRAY: Could we ascertain the estimate that Mr. pires might want to take? That might theoretically take us right up to the 12:00 point. CHAIRMAN STRAIN: Well, he's not going to be taking a half an hour, I can assure you of that. COMMISSIONER MURRAY: I don't know. CHAIRMAN STRAIN: No, I can assure you that. You know, Tony can be allocated some time because he's a member of the public and he's representing a constituency, but a half an hour's GREGORY COURT REPORTING SERVICE, INC. -.. ---"-'-' ..._"..~..._._ _m_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pftvf\ 78 rf2JAf{) ''7/+/ out of the question, especially when there's a series of other people who want to speak as well. Regardless, we're going to continue this one till after lunch. And if we come back at 1:00 versus 12:30, I'm just thinking of the people that are going to start showing up here at noon. So does anybody have any objection to breaking now? COMMISSIONER VIGLIOTTI: No, I'd say we break now. CHAIRMAN STRAIN: Okay, we're going to break for a one-hour lunch. We'll be back here at 12:30 to resume on this particular variance issue. Thank you. (Luncheon recess.) CHAIRMAN STRAIN: Okay, Ray, thank you. And welcome back from our lunchtime. Now, let me explain to you all what happened for the people from Naples Bath and Tennis. We told you we wouldn't start your issue before noon. Well, we can guarantee you that. The one preceding you which has about the same amount of public interest as yours, we are now approaching the time we are going to hear from the public in that regard. After that then we will have further discussion, a rebuttal by the applicant, and then finally a GREGORY COURT REPORTING SERVICE, INC. u-t-- 79 I(VI! ro aIL 'lit .<- 1 decision from this board. 2 So we still have a little time to finish up on 3 the first one. Right after that we'll go straight 4 into Naples Bath and Tennis Club. 5 And I have one housekeeping matter. 6 Mr. Hancock? 7 MR. HANCOCK: Mr. Chairman, Commissioners, Tim 8 Hancock. I'm representing Teryl and pawel Brzeski 9 with the Magnolia Pond PUD amendment. 10 Based on the track of your schedule today, it 11 looks as if there's a minimal chance we might even '.^". 12 get heard during the regular hearing today, so I 13 would like to offer, I think it's in everyone's 14 interest to continue our petition to the 15 January 7th meeting. If it's your desire, we'd 16 be -- 17 COMMISSIONER MURRAY: So moved. 18 MR. HANCOCK: -- happy to do that. 19 CHAIRMAN STRAIN: I think that's -- and we 20 21 certainly thank you for that offer. Because I don't think we're going to get through with the 22 third one today. Well, we'll get through it but 23 we're not -- certainly I doubt we get to yours, -" 24 so -- 25 MR. HANCOCK: If I get credit for being GREGORY COURT REPORTING SERVICE, INC. 80 1 gracious when it doesn't matter, I'll accept that. 2 CHAIRMAN STRAIN: And we'll continue to the 3 first up on the next agenda in January; is that in 4 agreement with the -- 5 COMMISSIONER KOLFLAT: So moved. 6 CHAIRMAN STRAIN: -- Planning Commission? 7 Made by Commissioner Murray, seconded by 8 Commissioner Kolflat. 9 All in favor, signify by saying aye. 10 COMMISSIONER SCHIFFER: Aye. 11 COMMISSIONER HOMIAK: Aye. 12 COMMISSIONER KOLFLAT: Aye. 13 COMMISSIONER MURRAY: Aye. 14 COMMISSIONER MIDNEY: Aye. 15 COMMISSIONER WOLFLEY: Aye. 16 COMMISSIONER VIGLIOTTI: Aye. 17 COMMISSIONER CARON: Aye. 18 CHAIRMAN STRAIN: Aye. 19 Anybody opposed? 20 (NO response.) 21 CHAIRMAN STRAIN: Tim, thank you very much. 22 MR. HANCOCK: I thank you. 23 COMMISSIONER CARON: And thanks for wearing 24 the green jacket. 25 CHAIRMAN STRAIN: And with that, we left off GREGORY COURT REPORTING SERVICE, INC. ~-f..c I' IJ I !/Vi/rO u-' 811~ -- 1 at the beginning of the public participation in the 2 variance for Vineyards. And I think Tony wanted to 3 be the first person to speak. Is that what you 4 have on your sheet? 5 MR. BELLOWS: That's correct. 6 7 CHAIRMAN STRAIN: Don't be shy, Tony. MR. BELLOWS: The first speaker, Tony Pires, 8 to be followed by David Pink. 9 MR. PIRES: Thank you, Mr. Chairman, members 10 of the Planning Commission. Tony Pires with the 11 law firm of Woodward, Pires and Lombardo, 12 representing the Clubs ide Reserve Condominium - 13 Association, a residential community established -- 14 well established community immediately adjacent to 15 and south of the subject property. 16 Mr. Chairman, if I could with your indulgence 17 and that of the board take about two minutes to set 18 up a model that was created by one of the residents 19 that will be speaking today. 20 CHAIRMAN STRAIN: Go right ahead, sir. 21 MR. PIRES: Thank you. CHAIRMAN STRAIN: We'll watch you to make sure 22 23 you put it together right. 24 MR. BELLOWS: It wouldn't be Christmas if you -'"...- 25 didn't assemble something. GREGORY COURT REPORTING SERVICE, INC. < , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 82 /!;CG-f-.- 'hu(IO cfL lit MR. PIRES: I could possibly handle the card table. COMMISSIONER VIGLIOTTI: This reminds me of show and tell. MR. KLATZKOW: He's trying to pull a rabbit out of his hat. CHAIRMAN STRAIN: Everybody that is coming up to speak, we were all sworn in earlier, so everybody is still under oath. I just wanted to make a reminder as a request from the court reporter. Thank you. Boy, it's a good thing attorneys aren't . engJ.neers. MR. PIRES: I don't have my Handy Mandy or my Bob the Builder to put it together. CHAIRMAN STRAIN: You're not going to get one. MR. PIRES: I don't blame you. Again, I represent the Clubs ide Reserve Condominium Association. And again, thank you all for taking the time to consider this application and also take the time to consider the position of my clients on this particular -- because they are immediately adjacent to and adversely affected by this particular project. We have a number of residents who have arrived GREGORY COURT REPORTING SERVICE, INC. , 3 4 5 6 7 8 9 10 11 12 "-. 13 14 15 16 17 18 19 20 21 22 23 24 25 ~-L rlUt/to 831ft ~ 1 here today, taking the time out of their day as you 2 take the time out of your day. If you all could stand from Clubside Reserve who are here and in opposition to and to show their support for the opposition to this project. Thank you. Some of them are registered to speak. And I believe you have a number of e-mails hopefully that were sent to you by some of the residents, again, expressing their opposition to this project. And some of the people may be passionate about their opposition to this project, and so we wish that you bear with them if they do become passionate. Because after all, it is their community, their quality of life that would be impacted by this needless variance request. There might be others also that were not available to be present today and may, with the Chairman's indulgence, a particular speaker may request that a letter be read into the record and made part of the record. And we defer to the Chairman as to that particular protocol. The model is not one that I created, obviously, you can tell by the way I maneuvered it, but by Ellen Watt. And it's a one-eighth inch scaled model of this area. And during the course GREGORY COURT REPORTING SERVICE, INC. < \ bCL- P- f) 84 IIVl/{~ (r- iA 1 of the presentation, some of the speakers may be 2 referencing the model in referencing various 3 aspects of this particular project. 4 For the record, I've previously provided to 5 6 the Planning commissioners and to staff a copy of my letter indicating various aspects of opposition, 7 and I have extra copies to provide to the court 8 9 reporter to be made part of this record. And what I would request at the end of this 10 conclusion of today's hearing, prior to the hearing 11 before the Board of Zoning Appeals, is that the 12 custody of that exhibit that we prepared, that I be 13 authorized . . . . office. As a chain to maJ.ntaJ.n J.t J.n my 14 of custody and as an officer of the court I will 15 maintain its integrity and make it available for 16 viewing during normal business hours for anybody 17 that wants to come visit and view it, take 18 photographs, measurements, et cetera. 19 CHAIRMAN STRAIN: Mr. Klatzkow, do you have 20 any objection to that? 21 MR. KLATZKOW: Do you want it in your house? 22 CHAIRMAN STRAIN: No -- well, it would look 23 24 good under my Christmas tree as something for my kids to play with. Anyway, no, I think we're okay. 25 MR. KLATZKOW: Okay then. GREGORY COURT REPORTING SERVICE, INC. , c''" 2 3 4 5 6 7 8 9 10 11 12 ^"" 13 14 15 16 17 18 19 20 21 22 23 24 25 Kt-:-R- , p I/ZU/tD ~ 851ft: 1 MR. PIRES: Thank you for that particular consideration. Once again, I think what's important in here, we have a number of issues in the presentation from a couple different aspects. One, some background. The PUD language itself, the application and the staff report. And we believe that the pointed issues involved in this particular matter are number one, we believe no variances from the PUD required setbacks should be granted. No variance from the PUD required buffering requirements should be granted without full compliance with the buffering requirements. The Clubside owners and residents will be adversely affected by the activities in and around the proposed maintenance building that is not pursuant to the application, solely limited to golf course maintenance. The staff report talks about this building being a golf course maintenance building. The application talks about a golf course and landscape maintenance building. And this site is zoned golf course and it is to be accessory to the golf course operation. We also assert in part of the discussion that GREGORY COURT REPORTING SERVICE, INC. .' -~_.._.",..- .... , I'! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eeL-" f-. { f) 86 I/Zft//O ~ -1A 1 you all have had, there is no legally recognizable 2 hardship. One area of agreement we do have for the 3 staff report, and the staff has a statement in the 4 staff report that if the setback variances were not 5 approved, the petitioner would still have 6 reasonable use of the land. That's at Page 6 of 9 7 of the staff report. 8 And I think that's critical. Even the staff 9 acknowledges they can still use it. You don't have to tear down the berm. Hyperbole, exaggeration, and embellishment. According to the staff report itself, the current berm's about 60 to 70 feet in width, based on some of the documents we previously provided to you. And we'll show them on the ELMO. And based upon the staff report, I believe Mr. Moss referenced that if it wasn't able to be developed, we'd talk about 1,500 square feet at page -- in the staff report it states if the variances were granted, approximately 1,500 square feet of the building will encroach into the southern, i.e. adjacent, residential project setback area. Therefore, the most the applicant is impacted by building pursuant to the setbacks, he can build a 7,500 square foot building without encroaching GREGORY COURT REPORTING SERVICE, INC. \ " - -"" -'~- , 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f;fl;:t- rdY, 87 1/2It/f{} l')--' 1k 1 further into the berm versus a 9,000 square foot building, a reduction in square footage of 2 3 17 percent. 4 And what you end up then is a total of about 5 19,500 square feet of buildings for maintenance activities, counting the existing golf course maintenance building that's currently there. Also we believe, and part of the discussion I think is borne out, and we have additional documentation to support that any hardship asserted, and we dispute that there is any, that exists from a variance perspective is solely self-created by the applicant/developer. This developer has been the sole developer of the Vineyards and a prime developer since its inception, has controlled the zoning of this property and zoning of the community. I think if you recall, based upon prior discussions involving variances, the asserted special conditions peculiar to a parcel cannot result from the actions of the applicant. That's exactly what we have here. It's not a situation of there being erosion resulting from a river bed or spring or creek eroding or from washouts from storms or from some other natural non self-created GREGORY COURT REPORTING SERVICE, INC. ,~.,.._..",._-_.-...,. . -...- :, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 beL ~t /. f} 88 '/'lll/IO ~p 1A 1 situation or some governmental action. This is -- 2 the asserted special conditions results solely from the actions of the applicant. Self-created 3 4 hardship cannot constitute a basis for any variance for multiple variances. That's the law in the State of Florida, I would submit. Granting the requested variances for the maintenance facility and its attendant obnoxious activities will be at the expense of the adjacent residential community. Some background. As I mentioned before and you heard some of the discussion by Mr. Saadeh in his presentation, the owner and applicant is the original developer of the Vineyards. Any asserted hardship results solely from its development activities over the last 20 years. The applicant/developer created the berm. The purpose of the berm, and Mr. Saadeh indicated that, was to buffer the surrounding properties from the view of the utilities' site. The applicant, in this case the developer, in 1995 with an insubstantial change to the master plan for the Vineyards PDI-95-1, changed the master plan and created this parcel. This parcel used to be a golf course parcel. He changed it to a GREGORY COURT REPORTING SERVICE, INC. ,,- b -.~. , . ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bCC-f-- r f) . 89 12.u/" l,.fJ 1A residential parcel. Therefore, you now have residential abutting golf course. At the time the change occurred in 1995, the maintenance building that's there today existed. And it sits about 80 feet back from the property line beyond the buffer. That building then is consistent with the buffering requirements outlined in the PUD. So the developer changed the designation to residential, resulting in the application of the setbacks contained in the PUD. We don't look to the LOC. I think we've heard that discussion. It doesn't matter what some other golf course might have. We're talking about this golf course. We're talking about this PUD document. And we're talking about a very specific setback and buffering requirements. With full knowledge of the setback and buffering requirements of Section 6.03.01 of the PUD, because the developer's intimately knowledgeable of the contents of the PUD, he created the parcel, he created the adjacent residential district resulting in the need on this parcel to have a building setback 50 feet. The applicant, in this case the developer, GREGORY COURT REPORTING SERVICE, INC. _.._,...,.-.~_..___ c_.____,_ ,- . < 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 #cLvt2- D , 901/1)1/10 Cv 'fA approved the Clubside Community development with full knowledge of the PUD setback requirements on the parcels to the north. It is our position that clear and unambiguous language of Section 6.03.01 of the ordinance -- of the PUD ordinance requires this particular setback. And I know Mr. Schiffer read some of the language. I think it's important -- and again, we disagree with staff on this. I've taken the liberty of -- excuse me, of highlighting a portion of the language within the PUD. I think what's important is that it says in 6.03.01.B., buildings shall be set back a minimum of 50 feet from abutting residential districts, period. I mean, it says and, but -- that's one concept. Buildings shall be set back a minimum of 50 feet from abutting residential districts. And we're here today on the building. And the setback area shall be appropriately landscaped and maintained to act as a buffer zone. There's a -- the variance application in this case is a request for two variances: One from the building being set back a minimum of 50 feet and another one from the 10-foot landscaping GREGORY COURT REPORTING SERVICE, INC. <' -- 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~fL r fJ . t/Z!L/ro Gr' 91 1~ 1 requirement of the LOC. I would submit to you there's a third variance that's being requested but not being requested that's at issue here, is that the setback areas 3 shall be appropriately landscaped and maintained to act as a buffer zone. They don't want to put a -- between the building and the wall that currently exists on my client's property, they don't want to put a bush, they don't want to put a tree. If you look at the site plan, it's all paving between the building and the wall. Bear with me, if I get that site plan. Well, I'll go to the -- this is the site plan. This is asphalt paving. This is the wall. This is the Clubside property. In your packet you have a proposed buffering. The buffering is on this side of the golf cart path. And I'm not quite sure where that landscaping -- how that achieves any protection for the adjacent properties. And then there's additional landscaping proposed here, but none in this area. We have this zone of nothingness, as far as barrenness, that is not obviously a buffer and therefore not appropriate landscape to maintain to act as a buffer zone. GREGORY COURT REPORTING SERVICE, INC. "-""'---. .,..._._.u~'_ .. ,...,._...__.<~-~ ." <, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 J;ce~ "M)--, 92 f!~tt/{D c..-r 1A And so this application is deficient from the perspective that that particular variance is not being requested. Additionally, 6.03.01.A of the PUD, which is on the visualizer, requires that overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas in location and treatment of buffer areas. Again, we submit that is not and does not comply with that particular requirement. The petition itself. We have a concern that the -- without providing any detail or support, the applicant/developer has asserted a need for a 9,000 square foot golf course maintenance building in addition to the existing 12,000 square foot golf course maintenance building on the adjacent parcel to house an undefined amount of maintenance equipment, including landscape maintenance equipment not accessory to the golf course. The photograph that you saw and was submitted in the packet that we provided to you was a photograph submitted to your staff in response to a question about what equipment will you store. I count 12 to 14 pieces of equipment, and that's on the north side of the existing maintenance GREGORY COURT REPORTING SERVICE, INC. < , or" 2 3 4 5 6 7 8 9 10 11 12 -....-- kf.- - 93 I/~ IIJ ~ 1~ 1 building. And part of the discussion that ensued this morning was why not build part of the maintenance facility, if you really need to store it, along that northern edge and/or combine the buildings. Again, you know, no need has been shown for a 9,000 square foot building. And no hardship has been shown. A hardship based upon a desire not to remove an unstated amount -- because the application doesn't even say how much of the berm has to be removed other than the hyperbole, embellishment, 13 exaggeration of destroying the entire berm, a 14 60-foot wide berm. 15 A hardship based upon a desire to not remove 16 an unstated amount of a developer installed berm 17 that only buffers the site from a driveway to the 18 north, golfers to the north and pushing a builder 19 closer to an established residential community is 20 not in our position and our way of thinking an 21 appropriate hardship. 22 Contrary to the statements in the petition, 23 there is no golf course maintenance facility on 24 -- 25 this parcel. That's in the petition, it's stated there as not true. The subject property is not GREGORY COURT REPORTING SERVICE, INC. -"'~~-' -. " 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 {bCL - tL 94 'IUeIIP ~ "1-A 1 surrounded by a large berm of three sides. There's 2 a berm on the north. 3 The berm remnant will not shield this proposed building from views in all directions. The berm remnant on the north and northwest portion does not hide the proposed maintenance building from all angles and views. Again, the berm remnant is located to the north and just will protect drivers going up to the golf club. And again, we're not talking about destroying the berm, we're talking 1,500 square feet, if he really needs a 9,000 square foot building. What is not stated or provided in the petition: Again, the berm located on the property is a remnant of a much larger berm constructed by the applicant/developer for the purposes of buffering adjacent properties from an initial developer owned/operated utility operation. That's an aerial photograph from the Property Appraiser's Office from 1995 where you see the existing maintenance building to the north. It looks like some retention ponds as the utility site was closing down. If you could zoom in a little more, Ray. GREGORY COURT REPORTING SERVICE, INC. iff--(L 0 95 1'lltf1D Ur-- -1~/ '~"". 1 Thank you. 2 And you can see the berm all the way around. 3 And that's why it was built. And the developer, 4 though, as I said in 1995 submitted through -- we 5 have the plans that were submitted by Coastal 6 Engineering consultant, I think on behalf of 7 Vineyards Development Corporation. 8 9 COMMISSIONER WOLFLEY: Let Ray do it. MR. PIRES: Thank you, Ray. 10 You can see on there, the crosshatching 11 depicts the berm that was removed to accommodate -'-'- 12 this development and leaving the remnant berm. 13 Again, that parcel line was created by the 14 developer, by this SDP and by PDI-95-1. 15 And again, the dimensions, might be difficult 16 to read there, but it's approximately 60 to 70 feet 17 in width. 18 So then in developing the Clubside community, 19 the applicant/developer here approved removal and 20 removed most of the berm. Therefore, there's no 21 support for the applicant/developer's bare 22 assertion that the building site is needed. 23 So once again we don't believe there's any 24 hardship. 25 The burden's on the applicant to show that the GREGORY COURT REPORTING SERVICE, INC. , , -.---..., ~~"-'~-'-"^'-" '" _._---">_.,~.,-_._.- ----"-.-...- < < 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IbC[/t 96 '/'btI,D ~-A c~ 1 requested variances conform strictly to the county's Growth Management Plan, its elements and objectives, as well as the conditions for the granting of a variance outlined in the Land Development Code. In listening to -- and we don't believe any of those have been achieved. In listening to the conversation and the presentation by the developer and the discussions back and forth with the Planning Commission, I think what's helpful is and supports our position, the developer said he had the option for drawing the property line anywhere they wanted to. They drew a property line which had a relatively small area between the property line and that berm. They created the condition. We agree. One other interesting aspect is this discussion about they can go there three stories over parking and that's why the 50-foot setback was required. There is no language in the PUD that states that. And there is no differentiation in height between the setback between a 10-foot building, a 20-foot high building, a 30-foot high building. It's a 50-foot setback as to this golf course parcel for any buildings adjacent to a GREGORY COURT REPORTING SERVICE, INC. < . , ,~ 10 11 12 ,'-' 13 14 15 16 17 18 19 20 21 22 23 24 -- 25 1 2 3 4 5 6 7 8 9 hC0 ~(L 97 I(VLllb fl- /(ft residential district. And again, the existing building is 80 feet away. People get smarter as time goes by. We didn't realize, and my clients didn't realize that the PUD did not allow any parking in the buffer. You see some of the aerial photographs, parking has been in that buffer for a long time. And to the credit of Mr. Saadeh, when it was brought to his attention recently, that parking has now been removed. You can see the parking was along here. Again, it functioned as a buffer. It's such a stringent -- you know, it's a strict requirement, because you don't want to have an impact on the adjacent residential properties, again, a fact well known to the developer since he developed this property and he created the situation. I just probably have a few more comments, Mr. Strain, if I may. An important consideration is it has to be a land-created hardship or land-resulting hardship, and we do not believe there is one in this particular case. What's also interesting is the fact that the staff doesn't -- cannot say how much of the berm GREGORY COURT REPORTING SERVICE, INC. ~- ""'"._--~---~'"_. " ,..--,.-.,... ' " 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !bc&-{ '71ft(IO 98 1.fr ~ 1 would be destroyed to accommodate a 9,000 square 2 foot building. That's missing from the 3 application. But it appears 1,500 square feet is the smallest -- is the reduction in the size of the 4 5 building in order to achieve the required setback. 6 Again, a 17 percent diminution in building size for 7 an unstated need. 8 9 This particular model is -- again, this model depicts a one-eighth inch scale. This is the 50-foot setback for a 9,000 square foot building. And this was prepared by Ellen Watts. This is the existing 12,000 square foot maintenance building. So you can see it's about 80 feet from the wall. This represents the closest unit in Clubside. This would be the required setback. This is what they're asking for, leaving a very narrow corridor. And this, no buffering in here. The buffering would be here and the buffering would be in here. Waste land in there. Thank you, Ellen. So in conclusion we assert that the project as proposed with the requested variance is incompatible with the existing adjacent residential Clubs ide community. It is not complementary to the existing adjacent residential Clubs ide community as required by Policy 5.4 of the Future Land Use GREGORY COURT REPORTING SERVICE, INC. . 10 11 " 12 13 14 15 16 17 18 19 20 21 22 23 24 -- 25 1 2 3 4 5 6 7 8 9 /2(L-/;L ^'" . 1(2ie( (0 U\./ 99 1~ Element. There is no hardship. And any asserted hardship is solely self created by the applicant. The applicant has not shown that it could not build a golf course maintenance building on this property if made to comply with the setback requirements. As the staff report states, if the variances were granted, approximately 1,500 square feet of the building will encroach into the southern, i.e. adjacent, residential project setback area. The most that the applicant will be impacted is a 17 percent reduction in the building size. I'm just making sure I covered all the particular aspects. I think it's also important, going to the questions that you have to ask when determining whether or not a variance would be granted. Question: Are there special conditions and circumstances which do not result from the action of the applicant such as preexisting conditions? Now, what's interesting, the staff report doesn't say yes or no. I would assert that's a resounding no. Are there special conditions and circumstances which do not result from the action of the GREGORY COURT REPORTING SERVICE, INC. ~"m._~_ ' " ~._--,--_....- /' 1 2 3 4 5 6 7 8 !b.CL-~ 100 f/2.i.t!tO cJ?-.' --k applicant? Everything here results solely from the actions of the applicant. Other question: will literal interpretation of the provision of the zoning code work unnecessary and undue hardship on the applicant? Staff answered yes. I would submit to you the answer is no. A possible 17 percent reduction in 9 building size and possible additional cost to take 10 part of the berm, recognizing that the building 11 could also be built on the existing golf course 12 parcel to accommodate the storage of the equipment 13 that he indicates is requested. 14 And again, we do agree with the staff that if 15 the setback variance were not approved for the 16 building, the petitioner would still have 17 reasonable use of the land. 18 We request therefore that the Planning 19 commission forward this application to the Board of 20 County Commissioners with a recommendation of 21 denial. 22 Available to answer any questions that you all 23 may have. 24 25 CHAIRMAN STRAIN: Does anybody have any questions of Tony at this time? GREGORY COURT REPORTING SERVICE, INC. < . , \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 flj:L - f-- II tI l/t~1 (D t:J-- 1~ (No response.) CHAIRMAN STRAIN: I have one. MR. PIRES: . Yes, sJ.r. CHAIRMAN STRAIN: Your -- I understand everything you've said. Are you under the belief that you think it's necessary to landscape the maintenance building side of the wall? And what does that have to do with your clients' concern? Because they're buffered by the side that faces them. Let's forget about the setback, that's a whole nother mess we're going to be getting into. But I'm just -- this landscaping one, why would you want to, in a maintenance area where practically everything gets destroyed anyway, put wasted landscaping on that side of the wall for only the maintenance people to see? MR. PIRES: No, I believe it provides additional buffering. Because again the PUD states -- I'm just going by the language in the PUD, building shall be set back a minimum of 50 feet from abutting residential districts, and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. So not having any landscaping is completely contrary to appropriately landscaped and GREGORY COURT REPORTING SERVICE, INC. '_"_"__'_~'__ 0"' ._.._~___......... , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 beL -I- /l III 1!21t(fD ~ 1.A 1 maintained. 2 CHAIRMAN STRAIN: In the existing maintenance 3 facility, what landscaping do they have up against 4 that wall? 5 MR. PIRES: I don't believe there's any. But 6 that was developed prior to the adjustment in the 7 lot line. In other words, that was built in 8 9 1987 -- CHAIRMAN STRAIN: Understand that, Tony. MR. PIRES: -- when there was no adjacent residential district. CHAIRMAN STRAIN: Yeah, I understand that. I'm just trying to look at the practicality of that issue. I don't -- myself, I didn't see that part of this being a problem. Whether you landscape the side facing the maintenance area or not, as long as the people in Golfside (sic) have a good hedge and it's well buffered for their side, that should be the issue there. But I'll wait to hear more from the public as to what their concerns are, why they would be on the inside of that the parking lot. But thank you. MR. PIRES: Again, from the activities that would be generated within that particular area. You know, you'll hear about the vehicular activity GREGORY COURT REPORTING SERVICE, INC. ~ I lLt {O 103 M0 1ft' 1 and other activity that goes on that would be of 2 concern. 3 4 5 6 7 CHAIRMAN STRAIN: Thank you. Anybody else have any questions of Tony? COMMISSIONER WOLFLEY: I don't know whether -- CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: -- it's for Tony or the 8 petitioner. 9 CHAIRMAN STRAIN: Well, we're into public 10 hearings, so you have to wait if it's the 11 petitioner. 12 13 COMMISSIONER WOLFLEY: All right, that's fine. CHAIRMAN STRAIN: Okay, next public speaker. 14 And whoever comes up, just use one of the podiums. 15 And for the sake of time, if you could minimize the 16 redundancy, we would appreciate it. 17 MR. BELLOWS: David Pink, to be followed by 18 Robert James Kelly. 19 MR. PINK: If I hand you these, you can do 20 these? Okay. 21 CHAIRMAN STRAIN: Just remind everybody, 22 everybody should have been sworn in earlier. If 23 you did not -- if you came in after the swearing 24 "", in, please let us know so we can get that 25 accomplished. Thank you. GREGORY COURT REPORTING SERVICE, INC. -- - -~'~--'.'"_.~~_.'-'" -- --"""'~---"""'- "'--"'''-'''.''-'-.." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /!;cL -P-- /1 [) j 'lvdltJ (;A'-" 104 1A- 1 MR. PINK: Okay, my name is David Pink, and 2 3 I'm the spokesman I think for most of the community here. I think most of the community will agree 4 with most of the items I'm going to talk about 5 today. 6 I live in that unit right over there. And my 7 unit is 60 feet away from this unit. That unit 8 you're talking about is 150 yards -- first of all, I'd like to say thank you for having me here. 9 Okay, that unit is 150 feet, which is 50 yards long. This is half of a football field. That unit's going to be filled with vehicles that -- let me -- CHAIRMAN STRAIN: Could you move that mic a little closer to where you're talking, sir. MR. PINK: I'm sorry. CHAIRMAN STRAIN: It moves, so MR. PINK: Okay. Let me start at the beginning. As I just said, I live in the closest building to the proposed new maintenance building. When I first arrived here in mid November I learned about a maintenance building that was proposed behind the seven-foot wall. Then I found out about the variance that was to bring it to 15.4 feet of the GREGORY COURT REPORTING SERVICE, INC. . 10 11 12 " -,_. 13 14 15 16 17 18 19 20 21 22 23 24 25 hCC. v !lr rr!J 105 //111//0 U'- '1~ 1 wall, 60 feet from my drive. At first I was shocked and angry, but then I 2 3 wondered why? Why do they need another maintenance 4 building? Why does it have to be so big? Why do 5 6 they need it now when the existing building has worked perfectly for the last 20 years? Why does 7 it have to be so close to the wall and my condo? 8 Before I continue, I want to give you some of 9 my background. I'm retired and spend six months of the year at Clubs ide and the Vineyards. I think I'm representing both, Vineyards and Clubsidei to me it's all one in the same. When I go outside I don't say I'm from Clubside, I say I'm from the Vineyards. I have a Master's Degree in urban planning and worked in Michigan as an urban planner for 20 years. I also acted as staff to some of the top Michigan business leaders in Michigan. I owned a successful kitchen remodeling company in Michigan. Last 20 years we did 8,000 kitchens. I am experienced with economic development analysis and business decision-making. I would have not have purchased my unit if I had known a maintenance building was being proposed for this site. GREGORY COURT REPORTING SERVICE, INC. -",_.,~~- -- ." .._,-.--,-_..._'.., , 8 9 10 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 fyCUV '^ f) , 'IvJIO Gr--' 106 1ft I do not want to -- I want to especially thank Ellen Watts for making this scaled model. I worked with her in constructing this, but she did all the actual physical work. I just talked. I'd also like to thank a lot of people back here who helped me in doing this. I don't want to mention their names right now, it's not important. But I just want to thank everybody here that helped me do this. There are many issues which will impact us all in our community. A great increase in noise, and I mean a great increase in noise. . . An l.ncrease l.n total activity. The whole scope and character of this golf management site will be completely changed. There will be an increase in personnel work in there. They're going to be bringing additional personnel into this community to operate these machines. A substantial increase in pollution. There will be bright lights at night coming through the -- the section I'm in now is pretty dark. The site where the 80-foot setback building is is very bright. There will be an increase in fumes and smells. But before I go into all of these, and I will, and I also describe the exact sound effects in this GREGORY COURT REPORTING SERVICE, INC. . - 2 3 4 5 6 7 8 9 10 11 ,--~- 12 13 14 15 16 17 18 19 20 21 22 ,'-- 23 24 25 I!Pf~ /if) 1(21i11IJ ~ 107 1k 1 model. Before I go into that, I think we have to step back and look at the petition itself. When I first read the petition from the Vineyards Development Corporation for the variance, I really didn't get it. I -- it didn't make any sense to me. Building a big building for what? Then I saw Exhibit D. Can we show a -- let's see, I've got all the exhibits here. Okay, Exhibit D. Okay, as you can see, this 14 or 15 vehicles, mostly small, that easily could have been put in those sheds and covered. So there's really -- I don't see why you need a building at all, actually. But -- so take a look at that. And then I think the next item -- I'd like everybody to see this. This is what the petitioner has said, okay. We can put this in here. And as we read this, even with the requested setback reduction, there is no negative -- CHAIRMAN STRAIN: You need to talk into the . . lTUC., S1.r. MR. PINK: Oh, I'm sorry. Even with the requested setback reduction, okay, even with the requested setback reduction there is no negative impact whatsoever to the neighboring property. GREGORY COURT REPORTING SERVICE, INC. .. '" ,,--,,--,,~,~-""""",". '..- --~.~,..,,-_.,,_.. .. " , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !bCL -t- 108 tf'lh/t6 C~ 1P\ 1 I submit the following: Would I be here today if I thought there would be no negative impact? Would they be here today? I say no. There's going to be major impacts here, and I'm going to go through all of them. Okay, yes, I like this. All right, let's see, where were we? CHAIRMAN STRAIN: Well, if you like that mic, you need to turn it on. MR. PINK: Oh, okay. Okay. Would it conflict if I had both mics going on at the same time? CHAIRMAN STRAIN: When Ray gave it to you, he should have showed you that little button, it wasn't on. MR. PINK: Okay, this is geed. Can I walk around with this? CHAIRMAN STRAIN: Yes. COMMISSIONER MIDNEY: Yeah. MR. PINK: Okay. Well, you know, I'm going to take seven steps here. Okay, that's how far this could be from the wall. That's what 15 feet is. That's how far it is. That's 15 feet, you know. I mean, you know, it's a very short distance. Okay, I'm not going to get into the -- I have a tendency to jump ahead, because I've got a lot to GREGORY COURT REPORTING SERVICE, INC. , 1 2 3 4 5 6 7 8 9 10 11 12 ", 13 14 15 16 17 18 19 20 21 22 23 24 - 25 109 tlJf~ (#J 121tfto 1k say. Let's see where I am. Okay-- CHAIRMAN STRAIN: Sir, there are two court reporters here today, and the only time that they can effectively hear you is when that mic is close enough to your mouth, either one of them. So even if you carry that one around, just kind of keep it -- MR. PINK: All right, I will, I will. Okay. Then I saw Exhibit D, the picture of the equipment to be stored. At this point I was confused even more. No additional equipment was said to be needed in the petition. In other words, they're going to have the same amount of equipment now as they did then. COMMISSIONER MURRAY: Slow down. MR. PINK: Slow down, okay, I'm sorry, I get excited. So what I'm saying is let's say they have 100 pieces of equipment. A 100 pieces of equipment, all right? And after they get this building they haven't said that we're going to get anymore equipment. So there really isn't more need for building, only that -- those 14 pieces that they show. Okay. So after looking at that, I thought I GREGORY COURT REPORTING SERVICE, INC. , , 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bCi/,R- ~ 1101/tu {D 1f'r 1 had to kind of analyze this again. And if you look 2 at the second sentence in -- I think it's number 3 one, let's see right here. If you could put this up. Put that up. Okay. Oh, that first one is kind of messy. Could somebody read that sentence right up there? CHAIRMAN STRAIN: No, you got the mic., you have to read it. MR. PINK: Oh, I've got to read it. Okay, this has to do with what they're going to have. They're going to have maintenance equipment, storage and mowers, tractors, golf course landscape maintenance equipment. NOW, landscape maintenance equipment really wasn't supposed to be in this area. So I kind of thought about that for a minute. What do they mean by landscape equipment? Okay, so we go on. I was told that landscaping equipment was kept at other sites both in the Vineyards and outside the Vineyards. Now let's take a look at item four in the petition. Okay. And what do they say? They say the proposed building needs to house most of the equipment currently stored in the open. . EconolTUc conditions dictate owning versus leasing, therefore GREGORY COURT REPORTING SERVICE, INC. , . . . \ 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 .. ~.,. 25 gCf/ ~ /1/f) I/ZU//O U--' 111 ~k 1 equipment must be owned kept for much longer periods of time, which will necessitate storing the 2 3 equipment versus leaving it out in the open. Okay, 4 the proposed building size is needed and the 5 requested variances are adequate to promote the 6 public health. Well, let's look at that. If there's only 14 7 8 small pieces of equipment, how could you possibly 9 need 9,000 feet? That just doesn't make any sense. We move on. I mean, there's no reason for a building that size. Okay, so we know that there's landscaping equipment at other sites. Now let's -- okay, then they go on to say economic conditions dictate owning versus leasing. I think we talked about that before. That was a topic of discussion. And they said that there was a really a -- they found out after 20 years that if you bought that equipment, you really could save a lot of money. In fact, we met with Mr. Rogers yesterday. He specifically told us the reason for building the structure was for buying and leasing and a maintenance issue. Because you buy this machine, I think you're supposed to maintain it a lot better if it's new. GREGORY COURT REPORTING SERVICE, INC. -.. " --.~~^..--.---.,,-~._~.. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 j;CL,t tJ, 112 tj7A{to CI~ 1ft Well, okay, this is my conclusion on that. I have never ever in 45 years in planning and business heard an explanation like this given as the basis for building any structure. Never. The basis for building any structure may be -- a bad economy may be a reason for not adding increased storage capacity, but never for building a structure. In other words, what -- because times are bad, well, we decide to spend a lot of money to build a structure to house nine pieces of equipment. That makes absolutely no sense. The only -- the one and only reason for building a new big structure is for adding total capacity, this is very important, to house additional people and/or equipment. So basically they're going to be bringing in lots of equipment. It has nothing as I can see with the existing equipment. It has everything to do with new equipment that's going to be brought in there, which is going to change that site. . It's g01.ng to change it both in scope and it's going to change it in character. The next statement I find equally puzzling: Therefore, must be owned and kept to maintain. So basically they're saying that if they buy this GREGORY COURT REPORTING SERVICE, INC. i' ' Px(,;Rro U~ 113 1W ...., 1 thing, they're going to take a lot better care of it than if they lease it. Again, you know, I think 2 3 I already addressed that. 4 But I can actually suggest a way that they can buy new equipment, keep the same building and keep 5 6 all the new equipment in the building. It's very 7 easy. You go out, you buy new equipment, you bring 8 it back, you put it in the building, you take five 9 pieces of the leased equipment that you don't like 10 and you put that outside. Now you have all your owned equipment in the building and you have the leased equipment, which apparently they don't care about, outside. That's the crux of this problem. 11 12 - 13 14 There's no need for -- you know, the reason really 15 16 that they don't need a variance is because they don't need a building. I mean, to do what the 17 objectives that they are talking about. 18 Now, if their objective is to bring a lot of 19 new equipment in here and a whole different type of equipment, then I think we have a different 20 21 situation. 22 Okay, because, you know, you're looking at a 23 75 percent . . covered capacity and l.ncrease l.n no 24 . . the amount of equipment they're , l.ncrease l.n , - 25 requesting. All right, let's get right to the -- GREGORY COURT REPORTING SERVICE, INC. .., -"~"'--' ~-----"'- " 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RJa-~ rlUtho 114 1ft ~ 1 let's get to the basics here. CHAIRMAN STRAIN: Yeah, sir, we need to kind 2 3 of get you to wrap up a little bit, because we do 4 have nine or 10 speakers from your area that need 5 to talk. And we generally ask that you be -- MR. PINK: I think I had 10 minutes. And I don't think I've come close to my 10 minutes. MEMBERS FROM THE AUDIENCE: You have. CHAIRMAN STRAIN: You've used over your -- COMMISSIONER WOLFLEY: You went over. CHAIRMAN STRAIN: Everybody, please. We don't try to hold to that strictly. We ask that you stop -- not to be redundant and be respectful of time. MR. PINK: All right, I will, I will. CHAIRMAN STRAIN: All I'm asking is that you wrap up. You've been over 10 minutes already. You have other people that want to speak. And I certainly want to be able to hear everybody to be fair today. MR. PINK: Can I just request five minutes? CHAIRMAN STRAIN: Yes, sir, fine. MR. PINK: Okay, thank you. All right, let's put these on. Let's put this. Okay, you see a lot of storage here. This GREGORY COURT REPORTING SERVICE, INC. - 10 11 12 -. 13 14 15 16 17 18 19 20 21 22 23 "r 24 25 1 2 3 4 5 6 7 8 9 /dJa> 11 0 '(Vito l:k- 115 -1k is really what this is all about. This is at Hammock Isle. This is outdoor storage of a lot of equipment that they have that's used for landscaping. They're going to be using this land shortly to build some luxury homes. They need another site for it. They basically decided to use the golf maintenance building to consolidate all of their landscape -- or a lot of their landscaping facility at the golf place. So this is what __ here's some more. I'll show you other pictures. So if you see these, basically you see what's coming to your neighborhood. This is what's coming to your neighborhood. It's not going to be the same golf equipment, it's going to be this. And I've got -- let's see, what do we have here? This is another real nice picture. I think this is some tanks. But they'll all be coming your way. And okay, now, I would -- you know, I'd like to explain this. I've got -- okay. So basically what I'm saying is that this is not what they said it was. This is not -- has anything to do with that. I'm not going to repeat that. But let's go over and take a look at that just for a minute, okay. All right, what we have here are structures __ GREGORY COURT REPORTING SERVICE, INC. ----.,_._.."._._.~.~.,'" ,,"" ..~_."~-.,..,, . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bee -~ Iltftll~ /10) 1161A- if 1 this is the new structure. This new structure will 2 create more noise to this community than this 3 structure right here. There's four doors only, 4 large doors facing the community. This structure 5 6 has eight doors, the existing structure, five doors on the back -- 7 COMMISSIONER WOLFLEY: The . lTUC. 8 MR. PINK: Five doors on the back and three in the front. Almost all the activity is in this area. In other words, when they come in they use this area here. This area is mostly for parking. So this is shielded from us. This right here is a speaker box. And this speaker box will project that sound allover here and allover here, not just the six units they're talking about. There's going to be a lot of people affected by this thing. And there's going to be a lot of people that want to sell their homes. To tell you the truth, I'm considering selling our unit, because I know what's going to happen here. I guess you can prove me right by passing this variance I guess. Because you come back in six months and this is not going to be a nice place to live. Okay, now let me talk about economic effects GREGORY COURT REPORTING SERVICE, INC. ,. m~_" 10 11 12 ;'--. 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 117 b(j ~ f& litre/to (10 ~k for one minute. Just take me one minute. Okay, economic effects. Many residents in the homes nearby the new building are already talking about selling, so the effect has already begun. I am one of them. Values throughout our community will drop even more and continue to drop. That's number one. Our community will definitely lose its status as being one of the best places to live in the Vineyards to one of the least desirable. I consider it now to be a five-star community dropped to a three-star. Residents in nearby communities will also be affected in their home values as our community declines. There will be a drop in people continuing to be members of the club. people are already dropping out. Currently 43 of our 84 units are club members. I would expect a large drop in this number. From what I have heard, the club is already having difficulties. Many clubs throughout Naples are lowering both golf and tennis membership dues, and people from the Vineyards are going there. Okay, let's go. There's going to be increased activity. That activity in there is going to be about 65 percent GREGORY COURT REPORTING SERVICE, INC. - - ~,,~~--.. - --.'-- - . -, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 bc(--fL '17ft/to 118 /ffr u? greater than the activity that's now there. Because that's -- all the machines there are going to be operated by people. Those people are going to come in and use that activity. . So you're g01.ng to have probably a 60 to 75 percent increase in the sound levels, maybe more if they get the variance. Back farther it might not be quite as bad, maybe 50 percent increase in sound. That's a big increase in sound. CHAIRMAN STRAIN: Sir, we're at that point where you said you'd be finished. MR. PINK: Okay, okay, all right. Thank you very much. I appreciate your listening to me. I'm sorry if I kind of talked too fast and whatever and didn't have the mic. near me, but I think I still have a lot to say. Maybe I can have somebody else finish this off. Thank you very much. CHAIRMAN STRAIN: Well, there's some questions. Mr. Wolfley? COMMISSIONER WOLFLEY: When did you move in, sir? What year? MR. PINK: I moved in in 2005. COMMISSIONER WOLFLEY: 2005? MR. PINK: Yeah, you know, right before the GREGORY COURT REPORTING SERVICE, INC. . \ 10 11 12 , .- 13 14 15 16 17 18 19 20 21 22 23 24 ^'~~ 25 1 2 3 4 5 6 7 8 9 Ik{/~ ,f) , 119 r!zw//o ~ 1ft prices plummeted. So, I mean, we've been hurt already in our community. COMMISSIONER WOLFLEY: But you moved in and that maintenance facility was there. MR. PINK: The existing maintenance facility. The large facility was there. But, I mean, this is going to make it twice as bad, the small one. COMMISSIONER WOLFLEY: Okay, thank you. CHAIRMAN STRAIN: Okay, next speaker. And I'd like to ask the remaining speakers, since this gentleman did represent a large group, he was afforded extra time. I'd like to ask you to be concise with your time and, you know, more to the point as possible to help us get through the rest of the afternoon. Mr. Bellows? MR. BELLOWS: Robert James Kelly, to be followed by Ellen Watts. MR. KELLER: Commissioners, my name is Jim Kelly. I'm on the board of directors of Clubside Reserve. And I'll speak for the board today. I have been an owner in Clubs ide Reserve since it spilled out in 1996, '97. We're a community of people who are now over 50 percent year-round residents. GREGORY COURT REPORTING SERVICE, INC. ^.._..&_-,__~ 1 ,.,..........~_~'_.__ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 h(L~(1 AD, 120 '/'l14ro CA/ 1A 1 Since the board of directors first learned of 2 the variance request from the Vineyards 3 Development, we have been peppered with one key 4 question. That question lS, why does Vineyards 5 want to build a 9,000 square foot building that 6 will encroach on Clubside's 50-foot setback and its 7 buffer zone? It's been more than a month now and I 8 still cannot give them a satisfactory answer 9 because of the lack of explanation in the application that Vineyards Development needs 9,000 square feet for storage/maintenance for the 14 or 15 feet pieces of equipment shown in the picture accompanying their application. I can't honestly tell my residents that they need it for storage. The applicant states that he will be buying more equipment and wants to protect it from the elements. He has had the equipment pictured taking care of the golf courses for 20 years. How much more equipment does he need to buy? For me as a lay person, the crux of the situation is the applicant wants the variance granted because of hardship. As hardship has been expla1.ned to me by your staff and lawyers, hardship cannot, cannot be granted if it was self-imposed GREC,oRY COURT REPORTING SERVICE, INC. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 /;cc - f& () f) 11v.eIIO V- 1ft 1 hardship. 2 Vineyards Development was in control of all 3 aspects of the creation of Clubside. They went to the Planning Commission, received the change in land use from the utility to residential. I would think that the commission that granted that change would have insisted on protection for Clubs ide Reserve from the two adjacent golf course lots. That's whys we have the 50-foot setback in the buffer zone. Vineyards Development surely has sufficient room to build their proposed building on the lot without obtaining a variance to the setback. For economic reasons their positioning of the building in the setback is the cheap way to go. The berm they do not want to cut into insulates the driveway to the applicant owned country club. Nothing residential on that side except a road. Applicant states that the present golf operation facility has operated since 1987 without any registered complaints. Well, for the first nine years I wouldn't expect his water utility plant which occupied the site pre Clubs ide to register any complaints. Once Clubs ide was built, there were various complaints registered with GREGORY COURT REPORTING SERVICE, INC. ,..-, 2 4 5 6 7 8 9 10 11 12 d....' 13 14 15 16 17 18 19 20 21 22 23 24 _. 25 122 6 vfL~rtJ 2ft/IO lJ0 1k 1 vineyards developer. Regarding odor and noise in relation to noise from the present building, the 3 majority of the doors are on the north side of the facility, away from Clubside. The drawing of the new building is showing all means of egress to be on the south side of the building, facing Clubside. I cannot see the granting of this variance not to be harmful and injurious to the neighborhood and not in harmony with the general intent and purpose of the Land Development Code. Another question the residents have asked me, and I would ask you: Would you purchase a condominium if there was a 9,000 square foot storage/maintenance facility within 16 feet of your property line? I'd like to end my remarks with a statement from the Vineyards Development website. The statement from the website: Vineyards Development broke ground in Vineyards in 1986 with a mission to create a kinder, gentler living environment that is sensitive to human needs and expectations, and known for its outstanding architecture, service, value and attention to detail, thereby creating a community of unsurpassed quality of life, enhanced by extravagant amenities and sheer beauty. GREGORY COURT REPORTING SERVICE, INC. - - .---.",,--,- _...._--,.~-- ,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I3cc-1- u. 1tu!r() tr/ 123 1ft I think by requesting this variance Vineyards Development has lost sight of their mission. Thank you. CHAIRMAN STRAIN: Thank you. Mr. Wolfley? COMMISSIONER WOLFLEY: What was your name again? Excuse me, I'm trying to speak here. MR. KELLER: Legally Robert James Kelly, known as Jim Kelly. COMMISSIONER WOLFLEY: Jim Kelly, okay. And you moved in in 1996? MR. KELLER: I think I bought in '96, moved in '97. COMMISSIONER WOLFLEY: Okay. . Now, as l.n many associations, master associations, there's a time occurs at some point where the residents take over common facilities, if I'm saying that properly. Was that supposed to happen in the Vineyards? I mean, you're on the board and -- MR. KELLER: I'm on the board of Clubside Reserve. COMMISSIONER WOLFLEY: Okay, not the master. MR. KELLER: Not the master association. Oh, no, I don't want to go into that story. COMMISSIONER WOLFLEY: Yeah, okay. GREGORY COURT REPORTING SERVICE, INC. . , ,""~ 1 2 3 4 5 6 7 8 9 10 11 12 , 1~>, 13 14 15 16 17 18 19 20 21 22 23 24 --'~ 25 124 b:L- A-- ~~ J II?Afro V ik MR. KELLER: I was never on the Vineyards board and I wasn't down for that, let me just say, debacle. COMMISSIONER WOLFLEY: Well, we will -- I'll hold off my question then. MR. KELLER: Thank you. CHAIRMAN STRAIN: Next speaker, Ray? Thank you, sir. MR. KELLER: May I indulge you with -- I think Tony had referred to one gentleman, his wife has Parkinson's disease. He wrote a statement, he cannot be here to make it. I would just -- or CHAIRMAN STRAIN: Can you submit that? Do you have it for the record, or is that the only copy? MR. KELLER: No, I can give it to you for the record. CHAIRMAN STRAIN: That would be better. You've already allocated -- your time has been utilized. I'd just as soon we heard some -- we're going to have to get through this afternoon, I need to get to everybody that wants to -- MR. KELLER: No problem. CHAIRMAN STRAIN: So, if you don't mind. MR KELLER Wh t. t? . : 0 ge s 1. . CHAIRMAN STRAIN: Give it to the young lady GREGORY COURT REPORTING SERVICE, INC. ,,-,,",-,'-~~-"-'''- ~.' eCL~ rz 125 1(~rf1J cv 1~ 1 right there in the red. 2 MR. KELLER: Thank you. 3 CHAIRMAN STRAIN: Thank you, sir. 4 Next speaker, please. 5 MR. BELLOWS: Ellen Watts, to be followed by 6 Jack Cane. 7 MS. WATTS: I'm Ellen Watts and I'm vice 8 president of Clubs ide Reserve. And Jim really has 9 taken a lot of my comments. 10 I do live . the building, not that particular l.n 11 building, but the one next to it. My bedroom 12 happens to be the that . the garages. I one l.S over 13 do like fresh . and I have my windows open. And al.r 14 the activity, depending on the time of the year, 15 16 can start at 4:00 in the morning in the present . mal.ntenance area. 17 With the new maintenance building going in 18 there, especially if they do -- if they are granted 19 the variance, there will be like a tunnel effect 20 between the new building and the wall with 21 equipment going out to the golf course. And that 22 is the egress to the south course. 23 And if you've ever been in a tunnel you know 24 that cars in a tunnel, even though it's open on the top, you're going to get more noise, and it is 25 GREGORY COURT REPORTING SERVICE, INC. , I I ,.-..-. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 t Vi (0 Li- 1ff{ 1 going to be louder. And I just wanted to point 2 3 that out. The other thing is during the hurricane, the 4 last hurricane, the area where this new building 5 6 was -- or is proposed to go, they brought in a lot of the debris off the golf course and they were 7 chipping it. And chips were coming over the wall 8 9 onto our roadways, hitting the tiles of our buildings. The board had to deal with that. We did discuss this with Vineyards, and they even came over and closed off our road while they were doing that so no one would get hurt. So they have been notified on different occasions. And they also have used this present area that has no building on it whatsoever now, they've used for storage, and there have been some very bad smells. This has happened many years. They have been spoken to about it. So they have been notified on some things. But we've always tried to deal with the people there. Thank you very much for your time. CHAIRMAN STRAIN: Thank you, ma' am. Next speaker, Ray? MR. BELLOWS: Jack Cane. MR. CANE: Good afternoon, Mr. Chairman, GREGORY COURT REPORTING SERVICE, INC. . " 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bCJ-~~ (lID) 12~{'W{{O Gf/ 1ft 1 Commissioners. My name is Jack Cane. My unit, 2 number 2104, lies to the north of Clubs ide Reserve, 3 as shown on this first slide. Right here. So it's just a little bit around the bend. But it is one of the four units most affected by the proposed building. And I request that the commission deny this petition. The petition refers to an existing berm, which I show on the second slide, which was actually created by the petitioner himself. You've seen you've heard about this at length. The berm is primarily intended to shield traffic entering and leaving the Vineyards Country Club from sites and sounds of the maintenance activities taking place on the site. People in cars have only a transitory exposure to the facility, while the residents of my community are exposed to these sounds without any berm or vegetation buffering every hour of every day, every work day. Petitioner has stated that he wants to preserve the berm rather than dig into a portion of it to comply with setback requirements. However, my third slide shows that in another portion of the berm he's done exactly that. He built a retaining GREGORY COURT REPORTING SERVICE, INC. . ~.,.. "-', \ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 128 fbbL~P-> IftitfrD C~ 1/t 1 wall to allow the construction of open storage 2 bins. It seems to me that the encroachment onto 3 the setback zone is being requested in order to 4 save money and avoid having to construct a retaining wall. The result is that he's creating a nuisance and a hardship for our community in order not to inconvenience himself with regard to construction of the proposed maintenance shed. He's requesting a second variance to waive the requirement of a 10-foot vegetation buffer. We note the absence of any type of existing vegetation buffer on his side of the wall. If that is a requirement, then we request in addition to denying the variance that any existing zoning regulations be enforced with respect to structures and activities now located in the area. Finally, Vineyards Development Corporation has not been a good neighbor, as you've heard already. We've lived here for nearly 12 years, have been subjected to loud noises, starting almost daily at 6:00 in the morning. Sometimes there have been noxious odors from decaying vegetation piled up on the site. And on one occasion as you just heard, there was projectile impact of materials thrown over the wall on to our driveways and our roadway. GREGORY COURT REPORTING SERVICE, INC. " ~. ~^,.._-,~",.,..- .. """"-- --.--, - 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 I ftfJrrt (j/ 129 1f\; When we complained the response was to post a guard on our property, denying our access to our own grounds. So I hope you agree that these behaviors do not deserve to be rewarded with any special consideration and that the petitioner be required to meet all planning and zoning requirements without any variance. Thank you for the opportunity to comment on this matter. I'm happy to take your questions. CHAIRMAN STRAIN: Okay, thank you, sir. I don't think there's any questions. MR. CANE: One last slide, if it's of interest, showing the maintenance area's side of the wall and the parking area which has been discussed. There's about three feet of turf there, which could be available for buffering, vegetative buffering. Thank you. CHAIRMAN STRAIN: Thank you. Next -- MR. BELLOWS: Kenith Bloom. CHAIRMAN STRAIN: -- speaker, Ray? MR. BELLOWS: Kenneth Bloom. CHAIRMAN STRAIN: Ladies and gentlemen, I've got to ask that you refrain from clapping. It just GREGORY COURT REPORTING SERVICE, INC. . 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 bC0~~ cP kind of does mess things up a little bit. So let's not continue with that. MR. BLOOM: Okay, I have a present for the board. Commissioners, I waive my time because everything that's been said has been said as far as I'm concerned. And I thank you very much for your time and I enjoyed sitting here watching you listen very intently. Thank you very much. CHAIRMAN STRAIN: Thank you, sir, we appreciate -- MEMBERS FROM THE AUDIENCE: Tell him who you are. MR. BLOOM: Oh, I am Kenneth Bloom. I'm a retired judge of the Superior Court in New Jersey. I have been on the regional planning association for 10 years and I have represented municipalities and boards of adjustment and planning boards for the 25 years before I was a judge. And I would like you to know that I am very proud to live in Naples with this group representing us. Thank you very much. CHAIRMAN STRAIN: Thank you, sir, we appreciate it. Ray, the next speaker? GREGORY COURT REPORTING SERVICE, INC. ..--.-...'-.--...... --- " ..._---~,.. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t(c- A-- IfzlP'/t~ 1311tt cP 1 MR. BELLOWS: Richard Casey. 2 MR. CASEY: My name is Richard Casey. I live 3 in Clubside Reserve. My address is -- unit number is 1104. Everything I would like to say today has been covered already, and I know you're looking for time, so I'll just tell you that I am vehemently opposed to this variance, and thank you very much. CHAIRMAN STRAIN: Thank you, sir, we appreciate it. Next speaker, Ray? MR. BELLOWS: Last speaker is Dale Shaughnessy. MS. SHAUGHNESSY: Good afternoon, Commissioners. My name is Dale Shaughnessy and I live at 6115 Reserve Circle. I am in building 20, which I think is the model you've been seeing today. And I too would like to thank you all for your very thoughtful questioning, because I think most of my concerns and questions have been covered by you all. I would just like to add my personal experience, that I moved to the Vineyards in 1998 with a 12-year-old son and I purchased a townhouse at the other end of the Vineyards. And after six years of really -- oh, and also was a full equity GREGORY COURT REPORTING SERVICE, INC. " - 10 11 '-', 12 13 14 15 16 17 18 19 20 21 22 23 24 25 132 hcL~tl- . () ~ t/VJ{co ur 1/Jr- 1 member of Vineyards Country Club, as I am today. After six years and really investigating all 2 3 4 of vineyards, I chose where supposedly my dream condo would be, and that was Clubs ide Reserve. And 5 I was certainly aware of the existing maintenance 6 shed and the activity. I was there at all times of 7 day to make sure it was still where I wanted to be. And that particular street, which is right across from the privacy wall, was my choice. Rather than going to a new community, I wanted to go and stay 8 9 in one that was tried and true. My real estate agent at the time -- I sold a condo through vineyards Realty, purchased a condo through Vineyards Realty, was assured that Vineyards Country Club was built out, when I asked if there was going to be anything further in the maintenance area and was told no, they were done. When I went to Vineyards Development last week, I spoke with Attorney Rogers and told him that very thing, within that very building was told no more building. He said well, that was probably true at that time. Well, now I have a condo from my mvn misfortune that is reduced in price 40 percent, because I also purchased in 2005, but that's my sad GREGORY COURT REPORTING SERVICE, INC. ...-.--, " ., ..\ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fbCL-fL '" 0 , '/24(10 L.k---' 1331A 1 story. But I don't need further devaluing because 2 the Vineyards is requesting this variance without 3 what I would consider consideration and cooperation 4 for their members and their neighbors. Because I believe there is plenty of room to put an adequate maintenance building. I feel there just hasn't been anyone drawing up the plans that would better suit the land. So I am hopeful that you will deny their request, deny approval, and I would really be joyous if they would go back to the drawing board and come up with another plan that not only wouldn't hurt the residents of Clubside Reserve but as a member as well. I don't see any need to have a maintenance building 14 and a half feet not from my back door, from my front door, because that is on -- Mr. Saadeh said that was our back. That is our front. And also, I don't think the berm has to be dealt with the way they're suggesting. I don't think it's an either/or. So I hope from the questioning that you gave and the comments you've heard you will decline and maybe we can come up with some more suitable cooperative ending to this dilemma. Thank you very much. GREGORY COURT REPORTING SERVICE, INC. , - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,.--- 24 25 134 hel:' ~ A 0 J I (ViI to U-- '1~ 1 CHAIRMAN STRAIN: Thank you. 2 Mr. Kolflat, you had a question -- 3 MR. BELLOWS: Mr. Chairman? 4 COMMISSIONER KOLFLAT: Yes. 5 CHAIRMAN STRAIN: Yeah, I -- 6 MR. BELLOWS: I made a mistake, there is one 7 extra speaker. 8 9 CHAIRMAN STRAIN: I figured. I'm going to ask anyway. Thank you, Ray. Go ahead, Mr. Kolflat. COMMISSIONER KOLFLAT: Well, I've listened to seven speakers now who are affected property owners in this issue. And I have a question for John-David. Was there a neighborhood informational meeting on this project? And if so (sic), why not? MR. MOSS: Thank you. For the record, John-David Moss, Department of Zoning and Land Development Review. There was not a neighborhood information meeting on this, because the LDC doesn't require them for variance requests. Oh, Ray reminded me there is a letter that's sent out. And Mr. Saadeh did comply with that requirement. He sent out a letter advising people of his intentions. And-- GREGORY COURT REPORTING SERVICE, INC. -- " ,~~,,~,-,'-'-'~-'.'.~- - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fiCC~L r() , I~II[) ~ 135 1,( 1 COMMISSIONER KOLFLAT: There was no meeting 2 scheduled, though? 3 MR. MOSS: No, it's not an LDC requirement. 4 CHAIRMAN STRAIN: Okay, Ray, you want to call that next speaker? MR. BELLOWS: Yes, Russell Broad. MR. BROAD: Thank you, Mr. Chairman. I just wanted to tell you where I live. CHAIRMAN STRAIN: You better grab that walk-around speaker. MR. BROAD: Yes, sir. I am in 6115 and unit 2003, right here. I am the closest to the corner of this building. Reside above two previous speakers. First of all, thank you for the time and good afternoon to all of you. I'm a resident, as I said, at 6115 Reserve Circle, unit 2003, and I live on the second floor. I understand that you did not receive a copy of my letter that I sent to Mr. Moss. I'm sorry you didn't get that. But I did send you all a little brief e-mail in the last couple of days in my opposition to this request. As a new resident of Club Reserve as of September, '08, I am the closest resident to this proposed new building, thus I'll be adversely GREGORY COURT REPORTING SERVICE, INC. . \ _. -,-.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _. 136 ~cL ~~ . 1~ impacted by the added noise, lights from the trucks exiting the new building and the site of the new building from my second floor location. My condo contains three bedrooms. My two guest bedrooms both face the work site. My guests who stay in these two bedrooms have all complained about the lights from the cars entering the yard to go to work at 6:00 a.m., and especially the noise from the tractors moving along the cement road leading to the south golf course. This new building with doors facing the wall will only create more noise and irritation for my guests. I have visited the site on three occasions last week and took measurements on my last visit. The VDC has put two sticks with blue ribbons on the edge of the berm. The one that's closest to the entryway I measured with a 15-foot tape measure, 135 feet from the edge of the berm to the wall. It seems to me, and as other speakers have had said, there's plenty of room to move that building northward and get it away from the wall. In 2008 I made a substantial personal investment in my second floor coach home in the Club Reserve condominium after losing my wife of 49 years. An additional storage building located a GREGORY COURT REPORTING SERVICE, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ib~~ 137 I/tufro 1ft 1 short distance from my second floor windows would 2 have a serious negative impact on the value of my 3 unit. 4 For all these reasons noted above, I 5 respectfully request that you deny this petition by 6 the Vineyards Development Corporation for a zoning 7 variance to construct this large storage building 8 only 15 feet from the wall that separates our high quality residential property from this active work 9 site. Thank you for your time and listening to my argument to deny this zoning code petition. Thanks . agal.n. CHAIRMAN STRAIN: Thank you, sir. Ray, do we have any other speakers registered? MR. BELLOWS: None with me. CHAIRMAN STRAIN: Does any member of the public wish to speak on this issue who has not already spoke? (NO response.) CHAIRMAN STRAIN: will the gentleman -- I think your first name was Jim, I don't remember your last name. You had a letter you wanted to read? We have -- because of the savings in some time, I'd sure appreciate it if you'd read it for us now. GREGORY COURT REPORTING SERVICE, INC. , " ,.,-,.'- 1 2 3 4 5 6 7 8 9 10 -" 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24 25 bCfA" tlVtllo 138 1k Jl- MR. KELLER: I appreciate the opportunity. Thank you. This letter is from Don Sartore. It's a statement, actually, not a letter. I want to thank the Planning Commission for allowing me to bring my comments and concerns to you regarding variance VA-PL-2009-1460. I am a registered structural engineer and a registered professional engineer. I was chief engineer design for Burlington Northern Railroad. At the time it was the largest railroad in the United States. I was responsible for design in the areas of structural, architectural, and most importantly for this matter environmental engineering. I presently own and reside full-time in a condo in Clubs ide Reserve. I would like to point out that the proposed variance is not for a garage type facility to keep equipment out of the weather, the proposal is for a maintenance building, as requested by Mr. Saadeh's petition. If the variance is granted, the facility would be used to maintain equipment, which could conceivably include construction type equipment, in addition to mowers, leaf blowers and shrub trimmers. If approved, the facility would negatively affect our quality of life and GREGORY COURT REPORTING SERVICE, INC. m_'_._"',."__ _, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 139 /!;(C ~ rltll f' lit ~ GREGORY COURT REPORTING SERVICE, INC. consequently the value of Clubs ide Reserve condos. Noise pollution. The operation of a maintenance facility would include noisy maintenance jobs such as sharpening mower blades, testing, repairing noisy leaf blowers and shrub trimmers. In addition it could include repairing damaged equipment. I would also point out that since all the equipment is used during daytime hours, it is possible the facility would be used for noisy operations during evening or even nighttime hours. The noise level from a fixed source decreases as the distance from the source increases. The noise level at the Clubside Reserve property line will increase dramatically if located 15.4 feet from our property line, as opposed to the presently allowed 50 feet. I should also point out that while there's an existing wall at the property line, it would not be very effective since sound travels in waves and would go over the wall. Also, the sound generated at 15.4 feet from the approximately seven foot high wall would go directly over the wall to our second floor condos, thus having no effect in reducing noise to these -. 10 11 12 _. 13 14 15 16 17 18 19 20 21 22 23 24 .- 25 hcr~~ G~ 140 1ft 1 units. 2 Air pollution: The maintenance and testing of internal combustion engines used in the equipment 3 4 proposed for maintenance at the facility would create a great deal of objectionable exhaust fumes. A facility of the size proposed would have a large number of such exhaust producing engines. Locating the facility 34.6 feet nearer our homes will 5 6 7 8 9 certainly produce an order of magnitude increase of objectionable fumes which we'll be subject to. Water pollution: A facility of the type proposed will undoubtedly use oil, grease, aromatic cleaning materials such as mineral spirits and most likely gasoline and even diesel fuel, all of which will pollute water. There are at least three existing surface drain openings in the vicinity of the proposed facility. We know the drains run to the lake that 36 of our condo units are built around, although Vineyard's plans do not show these drains to do so. Also, there are at least two existing additional drains we know of, and a search of Vineyards plans do not show where these drains go. In addition, the proposed plan showed two additional proposed drains and a junction box GREGORY COURT REPORTING SERVICE, INC. ,. ---,"-" ~-'~-,"'-""'- , " , , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ta: r I-:- t/ pi (4 141 1~ 1 within 20 feet of our property line wall, but do 2 3 not show where they drain to. We suspect these two present and two proposed 4 drains would also end up in one of our lakes. Any contaminated surface drainage or spill that enters 5 6 those drains will pollute our lake. Conclusion: There is no doubt in my mind based on the above analysis that approval of the 15.4 setback requested in the variance would increase the objectionable noise and air pollution in our Clubs ide Reserve community and would certainly increase the probability of polluting our lake. Such approval would of course negatively affect our ability to enjoy our homes and our quality of life and in turn would certainly reduce our property values. I believe that while granting the variance may have some cost advantages to the Vineyards, the environmental damage to Clubs ide Reserve and the comparatively large reduced property value of our condos far outweighs this advantage. I therefore respectfully urge the commission to turn down the request for the variance at issue. Thank you for your careful consideration of my comments and concerns. Donald V. Sartore. GREGORY COURT REPORTING SERVICE, INC. - 142 PJ ~{JJ I '2f.t 10 i.r lk 1 THE COURT REPORTER: May I have the spelling 2 of Sartore, please? 3 MR. KELLER: Tony had asked me to read this. 4 It's from John-David -- 5 CHAIRMAN STRAIN: Well, before you read 6 anything, let's answer her question first. 7 THE COURT REPORTER: Could you spell the last 8 name? 9 10 MR. KELLER: S-A-R-T-Q-R-E. Donald. CHAIRMAN STRAIN: Okay, and as far as any more 11 evidence that Mr. Pires would like introduced, this 12 was only to read that letter. So let's just end it 13 there. I think we get the drift of where you 14 people are coming from. So we're good. 15 16 MR. KELLER: Are you trying to say overkill? CHAIRMAN STRAIN: Well, there's an old saying, 17 you can snatch success from the jaws of -- 18 something like that. But we're getting close to 19 that right now. So let's go on. 20 Ray, we're done with public speakers. 21 Mr. Saadeh, if you want 10 minutes to rebut, 22 then we're going to close the public hearing. 23 MR. SAADEH: Thank you very much. Just a few 24 quick points that are very, very relevant. - 25 A few residents had mentioned that the GREGORY COURT REPORTING SERVICE, INC. - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 /beL - t.- (/~( 10 cj-J 143 1.f\ building would be so many feet from their actual driveways. Some said 15 feet, 20 feet. Actually, if it's built the way it's proposed, the closest corner of the building to the closest corner of any Clubside building would be 80 feet. Second point Mr. Pires made, that there was a rezone back in 1995 and that's where a big portion of the southern portion of the berm that was located somewhere in here was removed. And that's when the time came in for the 50-foot buffer. Actually, that's totally inaccurate. The 50-foot buffer was in the PUD since 1985. If you look at any original PUD ordinance, the 50-foot buffer requirement was there. When we did the PUD, when we did the SDP adjustment for that site itself, PDI-95-1 is when we met with staff on all levels and actually hashed the language in the PUD. And I remember clearly, because I was there. And that's when we proposed this -- I can't recall exactly if this is 20 or 25 feet. But that's when we said, you know, there was no specific size for the buffer to be 10 feet or 20 feet, whatever. We agreed with staff that this would be, you know, the right size buffer on our part. And to further -- you know, to further assist GREGORY COURT REPORTING SERVICE, INC. , . , -~.. 4 5 6 7 8 9 10 ""'-, 11 12 13 14 15 16 17 18 19 20 21 22 23 _.. 24 25 144 P;(/,;t,. rdL 1f1fJ/ro v- 1k 1 in getting the PDI not just approved but also 2 looking at it from a marketing standpoint what 3 could we sell, we felt we wanted to go as we do in the whole Vineyards; we don't have a minimum landscape standard in the whole Vineyards. Every road we have is double and triple landscaped than what the codes call for. So as you can see from the pictures I showed you earlier, that this was heavily, heavily landscaped, and the wall was added at the time to enhance, you know, sound barriers and the like. And the wall wasn't any taller, because at the time the ordinance didn't allow any wall to be over this size. I think it's between seven and eight feet, depending on how we worked the finished grade elevation when we built the wall. Another point that's extremely relevant, and it was brought up a million times, that they have 13, 14 pieces of equipment. Some said 10 pieces of equipment. This picture is very deceiving. This was taken, again, during the day at a time where most of the equipment would have been on the golf course. So to say that we have 14 pieces of equipment, I wasn't going to go through this venture and this size building to accommodate 14 GREGORY COURT REPORTING SERVICE, INC. . ..~._.."~_ ,_. ___.__w ...__ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tJCL-ft: rlui{o _ iJ) , 1451P-- ~ pieces of equipment. It was taken at that time when the building was open and the equipment was actually physically on-site. And so I don't have an exact count in my head, but definitely way before we started sizing the building, we went in and looked at the needs of what we have, what we need to have and what the like. Just a clear comment that's not as relevant on some of the people questioning the leasing versus buying and all that. When we leasing equipment, we turn it in in three years. Yeah, we still have to do maintenance, only we still have to maintain it. But it's not the same as when you keep it for five years or 10 years. So anybody who leases a car would know that. If you lease a car for three years, at the end of three years you chunk it, you turn it in, you get something back or you lease something new. In our case we're going to be buying the stuff as we turn it over. As leases become terminated, we would turn into buying mode. And so that was the explanation. And whether it makes sense to some folks, it makes sense to us. Somebody mentioned that the existing building GREGORY COURT REPORTING SERVICE, INC. , , \ ~. 10 11 12 "",. 13 14 15 l6 17 18 19 20 21 "O'~'" 22 23 24 25 146 PxL~ 12-- /if} //?ft110 V-- 1ft 1 facility have doors just mostly facing this way. 2 Matter of fact, at submittal image, the doors on 3 this building are actually mirrored on both sides. So if there's four doors here, there's actually 4 5 6 7 8 9 four doors on this side. If there's six doors here, there's six doors on this side that are equally used. As a point of clarification, some gentleman put in some pumps and fuel pumps and fuel tanks. The only fuel tank on the site today, and will continue on that site, and we'll go on record saying that, would be the one existing in here. There's no proposed storage of chemicals on this new building, there's no proposed storage of fuel on this new building or anywhere near the site. There's no proposed storage of anything other than mowers and standard equipment that's being used on the golf course, whether it's for cutting grass or maintaining landscaping on the course. Because on 350-acre golf course you definitely have landscaping. Mark, you know that, you live in a community like that. And the last point that I would like to make is the interpretation that Mr. Pires has on the existing buffer is in my view is totally wrong. GREGORY COURT REPORTING SERVICE, INC. u','" ".....,,"~_.-.._,_,_'''_.'.., --"---~_.~-"-'- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J;rL-~ /1rf) 14l'lJtltD [J"---' 1k 1 The existing buffer is -- the reason there's language that you can't have parking and whatever 2 and the staff agreed to this back in 1995 is this is the ample buffer. We built the wall and not a single car can be seen from anyone of these buildings being parked on this side of the wall. If somebody can tell me that and can show me that, then I'll withdraw the petition. The point of it is that that came about now that they hired Tony and he started looking into the site and this and that. The '95 buffer that we created was acceptable by the county, was overkill by any standard of the county and also was helpful for us as a marketing tool. We didn't want these people to look at a maintenance facility, we wanted them to look at a nice landscape buffer. And that was the purpose of it. It wasn't just, you know, to pass some kind of zoning or to pass some kind of permit. It was additionally to have the proper view -- to have the proper visual effects so someone can purchase the property. Under the maximum interpretation of the code -- of the current required landscaping, as we calculated it, our landscape architect calculated as well, Mr. John-David, we concur that there's 14 GREGORY COURT REPORTING SERVICE, INC. '.\' " .- '"- , '- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 fJ;c1/~ ()~ I{W(fFJ 1ft 1 trees to be required for the new building. And we suggested to him through Mr. John-David Moss, to 2 3 Tony and his company that if he would like the 14 4 trees to have the best impact, we will add them on your side of the berm if we can find the space for 5 6 them. And I'm willing to tell you today, I'll do that. I'll even go from 14 to 20, if that makes 7 8 9 any difference to some of the folks that are, you know, opposed to this here. So basically these are the points that I just wanted to clarify. Obviously there's a lot of, you know, emotions involved on both sides of the issue. I do understand, sympathize with the homeowners who feel this can be impacting their units. I haven't really given some thought to -- I don't know if the code allows raising the wall. But if that can satisfy some of the opposition to raising, you know, few blocks on the wall couple three feet of the wall, especially on that side of the site, you know, from somewhere in here, then we would probably be willing to do so to be good neighbors and neighborly. Other than that, I would reiterate that one more time, we had Coastal Engineering working on the property, their planners and several engineers GREGORY COURT REPORTING SERVICE, INC. - --,..^ . , '___~.m'"^_ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 /kLr. I' fj , 149 r/21i fD c.r--- -1~ worked on the property, and we've tried multiple, multiple scenarios of how to avoid having a variance. Otherwise I don't like to be here and spending the money just to be here. And there wasn't any that wouldn't intrude on the berm. The fact is nobody knows, not me or anybody else, as what's inside that berm when you start digging into it. You might have some big boulders, you might have some small boulders, you might have some root system. I don't know till I dig into it. And that's why we chose to come for the variance. Thank you for your time, and any questions, I'll be happy to answer them. CHAIRMAN STRAIN: Thank you. And Mr. Wolfley, you had a question? COMMISSIONER WOLFLEY: Yes. Is Vineyards built out, Mr. Saadeh? I mean, are there anymore units to go in somewhere? MR. SAADEH: Technical! y, yes. There is a neighborhood of Hammock Isles that have some single-family lots that are not built. There's a neighborhood in Venezia Grande that have some single-family lots that are not built. And the only other neighborhood is the site of Vista pointe, there is a site for two new mid-rise GREGORY COURT REPORTING SERVICE, INC. 150 (J; cu- Iv . () 1/2/tfIO if ik i ,_N'_ 1 buildings and two kind of low-rise buildings on 2 that site. 3 COMMISSIONER WOLFLEY: Okay. So I guess my 4 point -- I mean, what percent do you think you're 5 built out? 6 MR. SAADEH: Probably I would say between 90, 7 95 percent. COMMISSIONER WOLFLEY: Okay. So okay, I just 8 9 wanted -- that's it. Thank you. 10 CHAIRMAN STRAIN: Mr. Kolflat? 11 COMMISSIONER KOLFLAT: It's time for a motion? 12 CHAIRMAN STRAIN: No, sir. ,. 13 14 Mr. Schiffer? COMMISSIONER SCHIFFER: What are the hours of 15 operation of the maintenance staff? 16 MR. SAADEH: I believe it's 6:00 in the 17 morning till 3:30 or 4:00 in the afternoon. 18 COMMISSIONER SCHIFFER: Okay, so at 6:00 in 19 the morning these guys will be flinging open 20 overhead doors close to that property line? 21 MR. SAADEH: As a matter of fact, in this 22 particular building, if it pleases the Commission 23 and it makes a difference, we're willing to change 24 that to 7:00 in the morning. ~- 25 (Laughter from the audience.) GREGORY COURT REPORTING SERVICE, INC. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /;tc&1L 151 IIv410 ct- 1fr 1 CHAIRMAN STRAIN: Please, ladies and 2 gentlemen. 3 Go ahead. MR. SAADEH: I mean, I thought you asked me of the existing building. The existing building is 6:00 to 3:00, 3:30. We -- just for the record, some people mentioned some nighttime operations. I don't believe we've ever opened past 5:00 for any reason whatsoever, you know, so -- COMMISSIONER SCHIFFER: But my concern, we've focused on the visual aspect, but for example, overhead doors are loud, I know that well. So, I mean, I don't think anybody would want an overhead door cranking open at 6:00, 7:00 in the morning near them. But-- MR. SAADEH: Well, unfortunately when you live on a golf course, even the -- let's forget this facility completely. If you live in a house on the golf course and a mower passes by, they have to prepare the grounds for the golfers to come in and play. It's not just unique to my development, it's every single development in Collier County and anywhere else in the area for that matter. COMMISSIONER SCHIFFER: Okay, all right. CHAIRMAN STRAIN: Mr. Murray? GREGORY COURT REPORTING SERVICE, INC. ,- ~.". 10 11 fe'" 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 152 (~/O W fir 1 COMMISSIONER MURRAY: Mr. Saadeh, we saw a picture that showed that the embankment of the 2 3 slope, that it was cut in and it was concrete there 4 and looked as though it were sectioned. How long 5 is that? How big is that? 6 MR. SAADEH: How long is the structure itself? 7 COMMISSIONER MURRAY: Well, yeah, give me an 8 idea. 9 MR. SAADEH: Probably depth-wise, maybe -- I'm just guessing, I don't know for sure, I'm guessing eight to 10 feet, maybe. COMMISSIONER MURRAY: When did that occur then? When was that constructed? MR. SAADEH: That was done in the late Eighties. I don't recall the year, actually. COMMISSIONER MURRAY: Okay, but you were aware of its construction? MR. SAADEH: Yes, I was. . I'm not sure agal.n if it was done when the berm was built or after the fact. I'm not really sure. COMMISSIONER MURRAY: So you think the berm might have been late in around it, that's possible? MR. SAADEH: That's very possible. I mean, again, I don't know the exact timing. You're taking me back 20 some years. GREGORY COURT REPORTING SERVICE, INC. -~._-,_.,_._. .... ..,-......- . . , 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W - fL/,{) 153 1/2k(to Lf-J 1k 1 COMMISSIONER MURRAY: Well, wouldn't that be 2 nice if we could do that. 3 MR. SAADEH: That would be beautiful. If you take me back three years I'm happy. COMMISSIONER MURRAY: You've answered my question, thank you. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Ray, would you mind putting that -- I have one question, it comes off the center part of that sheet I gave you during break. Mr. Saadeh, that orange dotted line is the rough outline of your berm. The -- you can see the original building you were proposing underneath it. The yellow building is the same scale as the one I believe you were proposing. If you take the yellow building and place that, a portion of it, in the berm with a retaining wall you then have access to a portion of that building from both sides, which I think would be an advantage to operating a golf course or any kind of maintenance facility, rather than having to back in or out from just one side. This meets your 50-foot setback and you wouldn't have a problem in which you'd need to be here GREGORY COURT REPORTING SERVICE, INC. , "."- ""-.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "'"' 154 cJ today. Lacking any topo of the berm or soil test showing that something like this is prohibitive. And also, the time you started the Vineyards I was -- I owned a metal building company, and I can tell you, we built metal buildings with retaining walls routinely. So this isn't something that couldn't be done. Did you explore this with Coastal Engineering? MR. SAADEH: Actually, we have. Again, the comment I made earlier was unless we actually get some equipment and start digging into the berm, we wouldn't know how much of it will have to be taken out or -- I would say, Mark, you being in the business, you got this -- you understand the scope of it a little bit different. We dug a lot of lakes in the early, early days. We have upwards of roughly 300 acres of lakes on the property. When that berm was constructed, I don't know specifically by section, that would be totally crazy to guess what kind of boulders we put somewhere. But most of the time with big structures like this and the berm we have along I-75 in its entirety, we put a lot of boulders in that and we tried to fill the voids and go through GREGORY COURT REPORTING SERVICE, INC. "._---_._--_..._---_....__.._.,"._~-"._,- . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 !JC!--~ 155 Ilvdto cf-. if( the process. I'm not sure, you know, a typical cross-section of that berm, what it would look like. We could -- that's the reason we shied away from it. Because if it was just pure dirt, it would have been no-brainer, I wouldn't be here today. If we have to move boulders -- in those days the spacing on blasting for lakes was a little bit different, so we had boulders yea size. If we have to do that, I don't know how much of the berm we can retain and how much we want. And that's an accurate statement. CHAIRMAN STRAIN: If you were to leave the building in the current position but have to cut back enough to meet the setback requirement, that orange triangle on the south side is approximately what you would lose. And I don't know if you had explored the remaining structure as to your ability to see if that meets your needs or not. MR. SAADEH: It will be short. And then the size is irregular enough to where I'm not sure we can go with a structure with a prefab metal building. We might end up having to go with a specialty designed concrete building that again will impact the cost on it. GREGORY COURT REPORTING SERVICE, INC. ., " , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,'~, 25 1 2 3 4 5 6 7 8 9 156 h(V~ ~ '(iAIlo . 11r CHAIRMAN STRAIN: Okay, thank you very much. MR. SAADEH: Thank you. CHAIRMAN STRAIN: Anybody else have any other questions? (NO response.) CHAIRMAN STRAIN: Okay, with that we will close the public hearing and either discussion or a motion, whatever happens to come out. Mr. Kolflat, I think you wanted to -- did you want to make a motion, did you say, earlier? COMMISSIONER KOLFLAT: I'd like to make a motion that we recommend Board of County Commissioners to deny Petition VA-PL-2009-1460, Vineyards maintenance. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Okay, a motion made by Commissioner Kolflat, seconded by Commissioner Murray. Is there discussion from the Planning Commission? Mr. Schiffer? COMMISSIONER SCHIFFER: The -- my opinion on this is that the applicant never showed any technical support that the site was unusable as it is right now. And secondly, if it was, that he's GREGORY COURT REPORTING SERVICE, INC. <...~-,.".~.......,-_.._..,_..,...._...."._,-_..._,--,.......... - " ,.~\ , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /!lev-- '-' __ () _ 157 t/ 2.4 r /() (J-" 1k 1 benefiting from self-created hardships. CHAIRMAN STRAIN: Anybody else? Mr. Murray, then Mr. Wolfley, then Ms. Caron. COMMISSIONER MURRAY: Mr. Saadeh stressed so many years of operation and leasing of equipment and now he wants to change his business plan and that is the suggestion for his hardship. Whether the economy picks up again and savings are realized, he might very well return to a lease process that might very well benefit him. And then the folks will have had that building there in its shape. I can't justify a variance on the basis of a change in business plan. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: I've been thinking while I was especially listening to the residents that, you know, the Vineyards is not built out, that there's a certain amount of equipment. I failed to ask the petitioner if there was any equipment elsewhere that when he completed the development that equipment would need to be relocated to the maintenance facility. But it just seems to me that as a developer grows a community, more equipment is required. GREGORY COURT REPORTING SERVICE, INC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 158 ~7f;;io ~ 1A And, you know, you have to plan -- as you put in more roads, the boulevards, there's more trees, more grass to maintain and certainly more equipment. And I think Mr. Pink was very generous in saying 100 pieces of equipment rather than 10 or 20. I really don't know what it is. But let's assume it ends up -- maintaining all of Vineyards is going to require more equipment and thus more space. And it just -- I remember reading the newspapers, I don't know when it was, that the developer was going to keep -- agreed to the association, the association could not afford to take over the common facilities. And the developer agreed to continue to take the hidden losses on it. I am not in favor of the motion. I'll be voting against it. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yes, I think Mr. Saadeh is trying to build a building that is too large for the site. There are no special conditions which do not result from -- other than from his actions. There's no hardship, and he still has reasonable use of that land. We have no testimony that says that this is the minimum variance, and that to me GREGORY COURT REPORTING SERVICE, INC. -"-'""."-- ".,.- ,...._.."_.~..__."--_...._"..,.,, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 6CL- ~ 159 l(2kftD 1A ~ is very important. I think it would be granting a special privilege to him and I don't believe it's in harmony with the intent or the purpose of the code. I think further I believe that the 50-foot separation that is in the PUD to begin with was probably in recognition of the intensity of use on the site as well as height -- potential height . l.ssues. There was a picture that the gentleman in the yellow shirt back there, and I don't remember his name, showed of the road that goes in front so that you can head to the south golf course. Along that area is a three-foot area that is obviously curbed, which looks to me like it should be landscaped. It looks like that's the reason -- otherwise, why would you bother to even have that curb there, I'm not sure what the point would be. But at any rate, for all those reasons I will be voting with Mr. Kolflat on this denial. CHAIRMAN STRAIN: Anybody else? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I will not be voting with the motion. We've heard a lot of details and legalities. From a common sense point of view, if GREGORY COURT REPORTING SERVICE, INC. - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 160 6w~ rlVe/fo cf 1ft this building gets pushed back towards the north, there will be more of a chance for the people to see it. The noise is still going to be the same, everything's going to be the same. It could have went up three stories, it's only one story. I really can't see where there's a tradeoff here and I will not be voting with the motion. CHAIRMAN STRAIN: Okay, I -- this board has consistently tried to find compromise between problem areas between neighbors and developers or whoever. Usually the neighborhood informational meeting is a big source for that compromise. That didn't happen here because of the nature of this request, variances don't require those. I wish it had. And I also believe that if we had more information a solution could be found that would be workable. We don't have some of the information that I would like to have seen. I didn't realize that the information would be needed until I heard the testimony today. But it'S unfortunate that -- I'm left in no position at this point than I'm going to have to support the motion as well, so -- anybody else? With that in mind, we'll call for the vote, GREGORY COURT REPORTING SERVICE, INC. -.-..-.-- _._~-",--_.~-~-"..,- ..... -- ",....- #vl- 1/2/,( IV eft- 161 /7~ '.~ 1 2 and we'll have -- let's do this by acknowledgment and hand -- raise your hand. All those in favor of 3 the motion to deny the variance request, signify by 4 raising your hand and saying aye. 5 COMMISSIONER KOLFLAT: Aye. COMMISSIONER MURRAY: Aye. 6 7 CHAIRMAN STRAIN: Aye. 8 COMMISSIONER SCHIFFER: Aye. 9 10 COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. 11 CHAIRMAN STRAIN: One, two, three, four, five, 12 six in favor. 13 All those against? 14 COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTI'I: Aye. 15 16 COMMISSIONER HOMIAK: Aye. 17 CHAIRMAN STRAIN: Three against. Motion 18 carries. Recommendation of denial, 6-3. 19 20 Okay, thank you. We will take a break until 2:15. When we come back we'll start Naples Bath 21 and Tennis. 22 (End of requested excerpt.) 23 24 .._~ 25 -- GREGORY COURT REPORTING SERVICE, INC. ~ ~ ~ ~ I---i <::,<:::{ <(LL o - '- , . 1I(f) .........\.) ~' 0 <(W ~'-l 0:: (f)0-1 <( wrn<1- . ~~ W - <( 0:: I I-wz - '""'-... ~ >:r: <( "- <.:l -1--1 I Z I- _ c..> 00<( - ..~ W <(I-II W III t?",f- I 0:: W I- ZII- I- -W:;'; III U >--1<( >- :2 W gju:;,; ...J ::l .., Z III OW<( Z ::l -1:r:f- e :2 (J) >-1-1- (J) W W z:r:(f) (J) l- I <(1-<( W - I- ZSW 0:: <( a ~ 0 0 l- t? lID 0 Z 0:: Z W(>") <l: W - 1-(>") <.:l 0 CJ (f) _ a 0:: <( -t? I- <l: a. CJ ~z z w ~Ic :2 W 1I0 0:: 0 _ -1 <l: W (f)- a .. 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