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Commissioner Solis Ex-Parte Item #9B Ex Parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MEETING October 8, 2019 Page 1 of 1 ADVERTISED PUBLIC HEARINGS 9.B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 2005- 19, as amended,the Vanderbilt Commons Planned Unit Development; by removing the requirement that residential dwelling units be located in mixed-use buildings with commercial on the first floor and allowing stand-alone residential buildings; by reducing the density to 53 dwelling units; by revising the master plan; and providing an effective date.The subject property, consisting of 14.49+/-acres, is located on the north side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier Boulevard in Section 34,Township 48 South, Range 26 East, Collier County, Florida. [P120180003366] (This is a companion to Agenda Item 9.A). NO DISCLOSURE FOR THIS ITEM SEE FILE ® Meetings ❑ Correspondence ® e-mails ® Calls Met with: Terrie Abrams, Black Bear Ridge, 9/19/19 Call with Ralph Cioffi, 10/7/19 Emails attached from Black Bear Ridge residents SolisAndy Subject: Terrie Abrams, Black Bear Ridge: Vanderbilt Commons Location: BCC Offices Start: Thu 9/19/2019 3:30 PM End: Thu 9/19/2019 4:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: SolisAndy; andy@cemanet.org Optional Attendees: aisolis63@gmail.com Categories: Commission Chambers From:Terrie Abrams<terrie.abramsc gmail.com> Sent:Tuesday,August 27, 2019 1:34 PM To: SolisAndy<Andy.Solis@colliercountyfl.gov>;TaylorPenny<Penny.Taylor@colliercountyfl.gov>; McDanielBill <Bill.McDaniel@colliercountyfl.gov> Cc: LykinsDave<Dave.Lykins@colliercountyfl.gov>; Beverly Smith<bevsmith116@gmail.com>; marc alien <mallencny@vahoo.com>; Rob Nossen<TheNossens@aol.com> Subject:VanderBilt Commons Hello All, The residents of Black Bear Ridge oppose a change to the PUD requested by the developer Ralph Cioffi. Please see the note below to Dave Lykins.There is a meeting scheduled with Burt on Sept 9 at 2:30 pm and would like to schedule time with each of you. If there is any chance to schedule something on Sept 9 that would be greatly appreciated. If not please let me know when you are available. Thank you and regards, Terrie Abrams 630.244.4800 Hi Dave, On Sept 24 the commissioners will hear the request from the developer of VBC to remove the commercial on first floor requirement for the building on lots 5/6 of the PUD.This would make the building a free standing apartment building which is in conflict with the intention of the PUD and compatibility with BBR because it eliminates restrictions on roads and parking along our fence line and noise control. As you know we oppose this and would like to schedule a meeting with Burt review our position. In addition to meeting with Burt we would like to meet with the other commissioners as well. Is that something you could coordinate? I do have a thumb drive with hundreds of letters signed by residents that I would like to get into the commissioners package. How do I do that? From my I phone Terrie 630.244.4800 GoodnerAngela Subject: Ralph Cioffi, Vanderbilt Commons: call at 917-817-1443 Location: phone call Start: Mon 10/7/2019 3:30 PM End: Mon 10/7/2019 4:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: andy@cemanet.org Categories: Phone Call 917-817-1443 SolisAndy - From: Collett-Sutton,Faye <faye.collettsutton@louisville.edu> Sent: Thursday, May 30, 2019 12:38 PM To: SaundersBurt;TaylorPenny; FialaDonna; SolisAndy; williammcdaniels@colliercountyfl.gov Cc: BosiMichael; StrainMark; LykinsDave Subject: Vanderbilt Commons PUD change request by the developer Attachments: Memo to Commissioner Saunders, Final.docx Follow Up Flag: Follow up Flag Status: Flagged Commissioners Saunders, Solis, Taylor, Fiala, and McDaniels: attached is a letter from my husband, Bob, and myself explaining our opposition to developer requested changes for Vanderbilt Commons PUD —PL20180003366, GMPA PL 20180003372 which the developer wants to change the PUD so they can build all residential (apartments) and eliminate the ground floor requirement being commercial development. I live right behind the area in question. Please see the attached. Dr. Faye Sutton Professor Emerita 7311 Acorn Way Naples, FL 34119 239-405-5199 PROUD AMERICAN TO: COMMISSIONER BURT SAUNDERS, DONNA FIALA, PENNY TAYLOR,ANDY SOLIS, WILLIAM MCDANIELS, JR. CC: DAVE LYKINS MIKE BOSI MARK STRAIN FROM DR. FAYE SUTTON 7311 ACORN WAY, NAPLES 34119 BLACK BEAR RIDGE DATE: MAY 27,2019 SUBJECT: OPPOSITION TO VANDERBILT COMMONS PUD CHANGE —PUDA—20180003366 GMPA-PL20180003372 My husband, Bob, and I have lived in Black Bear Ridge, North Naples, since 2013 and have seen tremendous change and growth which we find gratifying as most of it has improved the quality of life for residents in the area. What both fascinates and alarms me is the constant effort by developers requesting to change the original intent of PUDS and many with little or no long-term view or thought given to the impact of their changes. Economic growth is important to all of us, and I have always been impressed with and fully support Collier County's effort to plan for and balance positive economic growth. This is one of the reasons we continue to reside in Collier County. Oftentimes developers make it overly complicated because they don't recognize the value of working in a three-way partnership of residents/developers/government planning and oversight. What fascinates me is listening to and observing developers and their approach to economic development and how to balance profit and company branding while promoting sustainable growth. With a doctorate in workforce development and performance,working/volunteering in the political arena for years and being on the faculty of an engineering college working with business and industry across the country for thirty plus years, I understand how globalization has changed every aspect of business and industry. Since moving to Black Bear Ridge and seeing multiple developments completed, both commercial and residential, I am fascinated how companies are highly adaptive from a business standpoint, but give little thought to understanding how to interface effectively with residents who are their current and/or future customers. They have learned, or most anyway, how to work effectively with governmental agencies whether it be understanding regulations or requesting changes to existing regulations; however,I have not seen any developer who has engaged professionals to help them understand and train their employees/vendors on how to create win-win relationships with local residents long before bids are accepted which could save them money and create positive alliances. I know that Mr. Bosi and Mr. Strain and staff try to get developers to listen and meet with residents/citizens but so often the goal of developers are to resist change while going through the required process. It is fascinating to observe the meetings that developers and/or engineering firms have with local residents. Many are painful to watch because the developers create an adversarial environment from the beginning because they don't know how to effectively listen and create trust. Most actually believe their own buildup and have a goal of giving as little as possible rather than use the opportunity to develop new solutions. While most, and I am being generous here, have good intent they don't know how to partner with the local community, or do it before Mark Strain and Mike Bosi have to become referees. The sad part to this is that it would save costs and time for all parties if developers changed their mindset. In summary,we are adamantly opposed to the Vanderbilt Commons PUD change whereby the developer wants to eliminate the commercial development on the ground floor. With the current building to date, no residential units have been built so any type of residential or loft style living is not in keeping with Vanderbilt Commons. Nor will the change the developer wants alleviate the need for housing or stabilize home prices not to mention being a negative for current and future companies who want to open shop in Vanderbilt Commons we all want long term tenants in Vanderbilt Commons but this won't help achieve this goal. We will be attending the meeting with the developer on June 3,2019. PS: Commissioners: being a retired professor/trainer, I am always looking for constructive solutions and enjoy promoting ideas for consideration. My suggestion: consider developing a training course, if not already done, for developers in understanding how to embrace change by creating win-win partnerships with local residents very early in the process thus cutting down some of the "fiery" exchanges at meetings. The goal would be to help developers and engineering firms restructure their resident meetings to listen more effectively and engage residents in positive dialogue. Food for thought. SolisAndy From: Terrie Abrams <terrie.abrams@gmail.com> Sent: Tuesday,August 27, 2019 1:34 PM To: SolisAndy;TaylorPenny; McDanielBill Cc: LykinsDave; Beverly Smith; marc alien; Rob Nossen Subject: VanderBilt Commons Follow Up Flag: Follow up Flag Status: Completed Hello All, The residents of Black Bear Ridge oppose a change to the PUD requested by the developer Ralph Cioffi. Please see the note below to Dave Lykins.There is a meeting scheduled with Burt on Sept 9 at 2:30 pm and would like to schedule time with each of you. If there is any chance to schedule something on Sept 9 that would be greatly appreciated. If not please let me know when you are available. Thank you and regards, Terrie Abrams 630.244.4800 Hi Dave, On Sept 24 the commissioners will hear the request from the developer of VBC to remove the commercial on first floor requirement for the building on lots 5/6 of the PUD.This would make the building a free standing apartment building which is in conflict with the intention of the PUD and compatibility with BBR because it eliminates restrictions on roads and parking along our fence line and noise control. As you know we oppose this and would like to schedule a meeting with Burt review our position. In addition to meeting with Burt we would like to meet with the other commissioners as well. Is that something you could coordinate? I do have a thumb drive with hundreds of letters signed by residents that I would like to get into the commissioners package. How do I do that? From my I phone Terrie 630.244.4800 Sol isAndy From: jborgion@aol.com Sent: Wednesday, September 18, 2019 12:33 AM To: FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Subject: Vanderbilt Commons PUD Change Follow Up Flag: Follow up Flag Status: Completed We are one of the MANY full-time residents in the Black Bear Ridge neighborhood who have already written many times in the past regarding this on-going issue. It needs to be looked at on behalf of the residents while the developer continues to request another change. After several years, more than one developer, and more than one construction phase of this PUD, we are at the last piece of the construction phase of this puzzle! We need YOU to look at the original intention (the idea as sold to residents) as opposed to today's (and the future's)vision. Here are some reasons this PUD change should be opposed: ORIGINALLY, commercial on the first floor was to prevent a high-traffic road along our fence line with all loading and unloading of supplies to be done from the main road of the plaza. NOW, the plan for residential on the first floor allows for a high-traffic road with garage entry and parking to be developed along our fence line. ORIGINALLY, commercial on the first floor has restrictions on noise; no outdoor seating, restaurant hours limited between 6:00 a.m. and 4:00 p.m., and no alcohol permitted. (There would be peace and quiet all evening long.) NOW,the plan for residential on the first floor disregards and permits all that because there will be unscreened patios!! There is no walled fence required on the small preserve area of Vanderbilt Commons, so lights will shine into the preserve and backyards of Black Bear Ridge homeowners. We are already stuck with the lights on the storage facility; that was the first mistake approved for this PUD. Normal daily apartment living from the first floor will spill onto the plaza and into our Black Bear Ridge neighborhood. The developer stated his son would be in charge of property management. What kind of code enforcement"guarantee" is that? A good example is The Falls of Portofino, especially facing Pristine Drive. Collier County has their hands full with that place. Take a drive to the area and see the impact of your approval. The intent of the PUD was to integrate residential over commercial throughout the entire plaza; not bunch it all into one freestanding building as this developer is asking you to put your name on! It is not compatible with our community and is detrimental to the quality of life and property values in Black Bear Ridge. We will be at the October 8 meeting and respectfully request YOUR vote to oppose residential on the first floor. Jim Borgione 7442 Acorn Way Naples, FL 34119 Sol isAndy From: Terrie Abrams <terrie.abrams@gmail.com> Sent: Friday, October 4, 2019 3:15 PM To: SaundersBurt; FialaDonna;TaylorPenny; SolisAndy; McDanielBill Subject: Black Bear Ridge/Vanderbilt Commons -PL20180003366 EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Commissioners, Thank you for meeting with us to discuss the proposed developer changes specific to lots 5/6 of Vanderbilt Commons that will come before you on Oct 8,2019. The PUD currently allows for residential development on second and third floors of mixed used buildings.The first floor is restricted to commercial.The PUD specifically spells out what is not allowed on lots 5 and 6. -no outdoor seating shall be permitted -the hours of operation limited to 6 am -4 pm for eating establishments - loading and unloading shall be from the front entrance only which is on the street -consumption of alcohol is not permitted on these lots - no pole lighting By allowing residential to be built on the first floor all the above goes away and there will be.. - loading and unloading,garages,traffic and parking along our fence line 24 hrs a day 7 days a week -outdoor seating on first floor non screened patios (think about Stevie Tomatoes ) - no limit on hours of usage -alcohol usage on the first floor -outdoor seating - light issues If this goes through we have no recourse and our daily lives will be impacted along with our property values.All we ask is you protect uphold the PUD as it was written to be compatible with the surrounding residents.We have no issue with residential units on floors 2 and 3 on lots 5 and 6.. We believe this is a work around for the developer who has not properly planned out parking requirements.The entire plaza has been ill planned at the expense of the residential community. Please keep this right. Respectfully, Terrie 630.244.4800 SolisAndy From: ROBERT MARTIN <martinprodigy@yahoo.com> Sent: Monday, October 7, 2019 10:49 AM To: FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Cc: Mary Rogan; Terrie Abrams; Beverly Smith Subject: PETITION PL20180003372/CPSS-2019-2, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT OCT 8, 2019 Attachments: Vanderbilt Commons Lots 5 and 6.pdf;ATT00001.htm Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Attached is an article from todays Naples Daily News regarding the property in the petition before you tomorrow. I hope it demonstrates the "bait and switch"tactics perpetrated on residents in the approval of these PUD plans.Area residents were informed of plans for two story retail and commercial property with caretaker apartments above on 14.49 acres at a 4.3 units per acre density,what they get is 12 acres of single story strip mall and 2.5 acre tenement style apartment building with 58(2 and 3 bedroom) units crammed into 2.5 acres. Please deny this petition and require full development plans for these 2.5 acres before any PUD plan changes are approved. Thank you. Robert Martin 7330 Acorn Way Naples, FL.34119. 'IS NAPLES THE NEXT MIAMI?' 4:00 In the Know Phil Fernandez • . .- '' .E 3 ir-11#-- - 1, P' r - . kti r 4:01 Residential housing has been approved for Vanderbilt Commons, which already has businesses such as Five Guys Burgers & Fries. The eatery, opened in October 2018, is celebrating its one year anniversary. NAPLES DAILY NEWS Do recent developments contain an answer? Not wanting to be another Miami. It's one of the most repeated phrases I hear in my time back to Southwest Florida, besides, "Who the heck are you?" But is Miami that ghastly? I mean, in addition to arguably serving as the de facto economic capital of Latin America, there's non-stop Cuban coffee poured on seemingly every street corner. It's kind of the Roman equivalent of fresh drinking water gushing out of the ancient nasoni fountains in all those Italian squares. If only Miami could figure out a way to do that with Cuban coffee and also have the Culligan man roll into our offices with those baby blue 5-gallon bottles full of beautiful brew. I digress. That's not what Naples reader Robert Martin is wanting to hear. He submitted a question: Is Naples the next Miami? Wait, this Miami stuff again. Oh sorry, there's more to his question. Let's let him finish. Two lots in the Vanderbilt Commons (Lots 5 & 6) were purchased by Vanderbilt Way Apartments and approved on Aug. 15 to build 58 (two- and three-bedroom) units in a single building on a total of 2.5 acres. This density of 23 units per acre is far beyond the original density of 4.3 units per acre when this complex was first approved and goes well beyond current Collier density. It's a legitimate inquiry for this property on the north side of Vanderbilt Beach Road, just off Collier Boulevard that also has a growing number of businesses, such as Cirella's Italian Bistro & Sushi Bar and Five Guys Burgers and Fries, which opened a year ago. The math, though, is figured a little bit differently by Collier County. "Both the Growth Management Plan (GMP) Subdistrict and the Planned Unit Development (PUD) for Vanderbilt Commons allow density to be calculated based on the total PUD acreage," said Zoning Services Section Manager Ray Bellows. GMP. PUDs, subdistricts. Yeah, they really talk like that. You should be around them when they've had a few Cuban coffees. Whoa, Cuban coffee again coming up in my column. Enough of that. So let's simplify: The bottom line is that the county and developer are calculating based on the 14.49 acres of Vanderbilt Commons (shopping center land included), not just those 2.5 acres where the residential development is focused. By doing that, it comes out to 4 units per acre. That's "consistent with the already adopted GMP and PUD," Bellows said. The idea for homes goes back to at least 2007, but the project became a victim of the economic downturn. Talk of residential gained traction almost four years ago, and the plan was solidified with August's approval. Planning for more on this for a future article. Now, on the question of whether this area is going to become another Miami: Randy Thibaut, president and CEO of LSI Properties Inc., is among those who beg to differ. If anything, all the land protected from development in Southwest Florida alone is going to help prevent that, Thibaut said. For example, more than 75 percent of the land in Collier County is in conservation or under public ownership.