Ex Parte - Solis 12/11/18 Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 11, 2018
BOARD OF ZONING APPEALS
8A This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to determine that the proposed land use for
a veterinary clinic, excluding outdoor kenneling, and dog grooming are
comparable, and compatible uses within the Mixed Use area of the Vanderbilt
Commons MPUD, Ordinance Number 2005-19, as amended, and are therefore
found to be permitted principal uses at the location further described herein.
[CUD-PL20180002265]
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence ®e-mails Calls
12/5 email from Terrie Abrams
GoodnerAngela
From: Terrie Abrams <terrie.abrams@gmail.com>
Sent: Wednesday, December 5, 2018 7:42 AM
To: SaundersBurt; FialaDonna; TaylorPenny; SolisAndy; McDanielBill; CasalanguidaNick;
BellowsRay; KellyJohn
Cc: bevsmith116@gmail.com;faye.collettsutton@louisville.edu;jborgion@aol.com;
JOSEPHINELYNN@COMCAST.NET
Subject: Black Bear Ridge - Dec 11 - p1201800082265
Attachments: Commissioner letter Dec 11 2018.docx; ATT00001.txt; image1 jpeg; ATT00002.txt
Follow Up Flag: Follow up
Flag Status: Completed
To All.. please see the following attachments regarding an upcoming zoning appeal from the developer of Vanderbilt
Commons ( Collier And Vanderbilt Beach Road )on Dec 11, 2018.
88%of the "addresses" in our community signed the petition. ( I have all the signatures but gave you only one page)
We thank you for taking the time to read about our concerns and helping us protect the environment of Naples and
where we live.
I am available to answer any questions you might have.
ATT00002
Respectfully,
Sent from my iPad
Terrie
630.244.4800
Page 1
Dear Commissioners,
On December 11, 2018 a request will be put in front of you for a comparable use for Vanderbilt
Commons (PL 20180002265).This property backs up directly to Black Bear Ridge with no buffer from the
developer. Our small preserve was used to relieve them of the need for their own buffer. Attached is
the header for the petition signed by 88 %of our community and it encompasses several issues going on
with the development. We have put in many many hours working with the developer and feel his
tactics are disingenuous. We want him to be successful but not at the expense of surrounding
communities.
- Oct 2017 with the help of the entire Collier County Planning board (during a commission
meeting) we came to agreement with the developer of SIC codes that would be compatible uses
for the community and gives the developer a broad list of businesses that would be acceptable
leases in Vanderbilt Commons. ( we looked at SIC codes one by one with the developer) During
this one to one with the developer the discussion of a Vet came up and for the same reasons we
did not want to see it there he did not also. He made it clear because of the configuration of the
stores animal waste would be an issue. It is questionable from an EPA and Federal guidelines
whether Vet medical and waste byproducts are handled appropriately in Collier County. We
were told all waste and animal medical waste (possibly diseased) by the developers engineer
would be disposed in the sole dumpster for the building next to a restaurant that has outdoor
seating.There are restaurants currently open at both ends of the building and a dentist going in
as well.
- No second hand stores are allowed in the PUD except for antique shops (clearly spelled out in
the PUD). Yet a resale shop has been given a license to open.The advertisement provided by the
owner states the merchandise is current not antiques yet the counties hands are tied until it is
open. It is interesting how the store owner knew to claim "antiques "on the application. Code
enforcement has been notified and said they will there on opening day. But this store should not
be allowed to open.There is concrete proof this is not an antique store.This owner will be going
to great expense under false pretenses.
- A site plan for the back property of Vanderbilt Commons has been submitted. According to the
PUD mixed use buildings means retail on the ground level and residential on the other two
floors. We met with the county and they rejected the site plan.The developer was fully aware
this is not allowed in the PUD.
- According to the PUD the land is to be developed harmoniously in a natural setting by using
common architecture, quality screening/buffering and native vegetation.That's not what is
happening here ...the storage unit (which should have never been allowed) does not blend with
the retail and the site plan for the back property is of another look and color scheme. Other
developments going in on Immokalee have been done in a cohesive approach that adds value to
the area. Unfortunately Vanderbilt Commons is piece meal.
- The storage unit was given a comparable usage approval by staff based on traffic density.The
unit backs up to BBR preserve and the lights shine in the back yards of residents of Black Bear
Ridge. Several BBR residents have tried to work with the county on the issue but were told it is
all in code (we are not convinced is accurate) and that the community would need to spend
several thousand dollars to the have the case reviewed by county.That is unacceptable for
something that was done when there were no residents to attend meetings.
- The developer held an unofficial meeting termed a survey which was in reality a series of
random questions designed to reach the conclusions they were seeking and was not valid
statistically. When an owner questioned asked the employee administering the survey how they
arrived at the questions in the survey she had no idea how the questions were derived or if
there was statistical accuracy. We could not even reconcile the voting as it made no sense to the
number of BBR residents voting. Again very disingenuous.
We know there is so much going on in Collier and many issues larger than this on your plates but it is our
home and we are the residents that drive demand for services. Please take the time and review what is
happening around us. We do not lack for services as Mission Hills is within walking distance of the
surrounding communities and has the appropriate buffers.
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Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 11, 2018
ADVERTISED PUBLIC HEARINGS
9A This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to deny a Resolution amending Resolution
No. 90-292 (Development Order 90-3, as amended) for the Halstatt/Grey Oaks
Development of Regional Impact by providing for: Section One, amendments
to Development Order by revising the Master Plan to relocate unbuilt access
locations from Airport Road and Golden Gate Parkway to access locations on
Livingston Road for access only to the areas of the PUD identified as FP&L
easement located south of Grey Oaks Drive East; amendments to Exhibit E,
Development Order access conditions and Sub-Exhibit 1, project access
locations and Sub-Exhibit 2 project access conditions; Section Two, findings of
fact; Section Three, conclusions of law; and Section Four, effect of previously
issued Development Orders, transmittal to Department Of Economic
Opportunity and effective date. [PL20170001729] (This is a companion item to
Planned Unit Development Amendment Petition PUDA-PL20170001548.)
(disclosures for both below)
9B This item requires that all participants be sworn in and ex-parte disclosure be
provided by Commission members. Recommendation to deny an Ordinance
amending Ordinance No. 07-40, the Grey Oaks MPUD, by relocating unbuilt
access locations on Airport Road and Golden Gate Parkway to Livingston Road
for access only to the areas of the PUD identified as FP&L easement located
south of Grey Oaks Drive East, and by providing an effective date.
[PL20170001548] (This is a companion item to Development Order
Amendment Petition DOA-PL20170001729, Agenda Item # 7307)
NO DISCLOSURE FOR THIS ITEM
SEE FILE ®Meetings Correspondence ®e-mails ❑Calls
11/28/18 Meeting with Wayne Arnold, Grady Minor; Rich Yovanovich
12/3/18 Meeting with Bill Confoy & Les LeBov, Wyndemere; Peter Swain, Grey Oaks
Emails from neighboring residents
GoodnerAngela
Subject: Wayne Arnold, Grady Minor: Richard Yovanovich; Grey Oaks PUD
Location: BCC office
Start: Wed 11/28/2018 3:30 PM
End: Wed 11/28/2018 4:00 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
Good afternoon Angela,
Richard Yovanovich will also be attending the 3:30 PM meeting on Wednesday 11/28/2018.
Sharon Umpenhour
Senior Planning Technician
CIGradyMinor
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Phone-239.947.1144
Fax-239.947.0375
Email-sumpenhour@gradyminor.com
Web-http://www.gradvminor.com
GoodnerAngela
Subject: Bill Confoy, Wyndemere; Peter Swain and Wayne Mullingan, Grey Oaks - Grey Oaks PUD
amendment
Location: Cohen & Grigsby
Start: Mon 12/3/2018 2:00 PM
End: Mon 12/3/2018 2:30 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com)
Categories: Mercato Office
Bill Confoy made the arrangements; his number is 262-0802
GoodnerAngela
From: Jean Foster <jeanfoster22@gmail.com>
Sent: Monday, December 10, 2018 5:15 PM
To: SolisAndy
Cc: GoodnerAngela
Subject: O'Donnell Property on Livingston Road
Follow Up Flag: Follow up
Flag Status: Completed
Commissioner Solis...As a year-round resident of Wyndemere, I respectfully request that the
Board of County Commissioners deny any further action on the "O'Donnell Property" on
Livingston Road until such time as the owner of the property presents a detailed site plan
regarding the future use of this property.
Although the only changes requested by the new owner affect shifting two pre-approved but
un-built access points on the Grey Oaks MPUD to Livingston Road, no where is there any
consideration or explanation of how this parcel will be utilized. One would have expected a
site plan to be part of the request for the new access points. It is my understanding that Mr.
O'Donnell plans to operate some level of his landscaping business.
One of my key concerns is that this property was never zoned for commercial use. As early as
1990, the BCC specifically prohibited commercial land uses at that location. Moreover, there is
no commercial designation for that parcel in the Master Plan.
Designation and zoning issues aside, as a property owner, who will be affected by whatever
happens on this parcel of land, I believe that there are number of issues that need to be
specifically addressed, including:
• I am most concerned about public safety issues due to increased traffic by
landscaping trucks and equipment, as well as employee vehicles, entering and exiting
the property on the west side of Livingston Road where current traffic travels at 45+
MPH.
• What buildings and structures will be constructed on the site and where will they be
situated? Will there be trailers?
• What about fencing? What is the height and materials that will be used?
• Is there going to be dedicated parking areas for landscaping trucks and equipment,
as well as employee vehicles? Can they be blocked so that they are not visible from the
road?
• Where will trucks and other vehicles make U-turns to head north on Livingston?
To conclude, I strongly urge the BCC to deny any further action until detailed site plans are
presented and can be evaluated by various review boards.
Thank you for your time and consideration.
Jean Foster
158 Edgemere Way South
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 11, 2018
CONSENT AGENDA
16.A.15. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve for recording the
amended final plat of Esplanade Golf and Country Club of Naples Phase 5,
(Application Number PL20180002972) approval of the standard form
Construction and Maintenance Agreement and approval of the amount of
the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings I 'Correspondence e-mails Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 11, 2018
SUMMARY AGENDA
17A This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to approve Petition VAC-PL20180001007 to
disclaim, renounce and vacate the County and the public interest in a 70' x
439' portion of the right-of-way known as Recreation Lane, as recorded in
Road Book 3, Page 26 of the Public Records of Collier County, Florida, located
approximately one third of a mile east of Santa Barbara Boulevard, in Section
33, Township 49 South, Range 26 East, Collier County, Florida.
NO DISCLOSURE FOR THIS ITEM
SEE FILE ®Meetings ®Correspondence e-mails (Calls
12-7-18 Meeting with Bob Mulhere, Hole Montes
10-29-18 hand-delivered note from Garrett Beyrent
17.B. This item requires that ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the
Windsong PUD, to amend the Master Plan to reconfigure the preserve
area location on the east side of the PUD, for property located on the
northwest corner of the County Barn Road and Rattlesnake-Hammock
Road intersection, in Section 17, Township 50 South, Range 26 East, Collier
County, Florida, consisting of 37.6 acres; and by providing an effective
date. (This is a companion to Agenda Item 6500)
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 11, 2018
17.C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to
be sworn in. Recommendation to approve an Ordinance amending Ordinance
Number 09-37, the Avow Hospice Community Facility Planned Unit
Development; and by amending Ordinance Number 2004-41, the Collier County
Land Development Code by amending the appropriate zoning atlas map or maps
by changing the zoning classification of 4.89+/- acres of land zoned Residential
Single-Family-5 (RSF-5 (0.4)) to the Avow Hospice CFPUD; by adding permitted
uses including Individual and Family Social Services (SIC 8322) limited to
community centers and adult and/or handicapped day care centers; by adding
accessory uses; by amending the master plan; adding deviations; and revising
developer commitments. The property is located south of Pine Ridge Road on
the west side of Whippoorwill Lane, in Section 18, Township 49 South, Range 26
East, Collier County, Florida consisting of 20.55+1- acres; and by providing an
effective date. [PL20170002501]
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
17.E. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 1989-12 and Ordinance Number 81-43, the
Youth Haven Planned Unit Development, by adding group housing for
seniors as a permitted use, by adding 10 beds for a maximum of 250 group
housing beds, and adding acreage; by amending Ordinance Number 2004-
41, the Collier County Land Development Code, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of an additional 1± acres of land zoned RMF-6 (3) to the Youth Haven
Community Facility Planned Unit Development; by amending the master
plan and revising developer commitments. The property is located on the
south side of Whitaker Road west of Santa Barbara Boulevard in Section
17, Township 50 South, Range 26 East, Collier County, Florida consisting of
25± acres; and by providing an effective date. [PL20180000646]
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence I le-mails Call
GoodnerAngela
Subject: Bob Mulhere, Hole Montes: vacation of easement - Recreation Lane
Location: BCC office
Start: Fri 12/7/2018 4:00 PM
End: Fri 12/7/2018 4:15 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: SolisAndy
Required Attendees: Andrew I. Solis
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