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Commissioner KowalEx parte Items – Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA JANUARY 23, 2024 ADVERTISED PUBLIC HEARINGS: 9.A. This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance for the property from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Mattson at Vanderbilt RPUD, to allow construction of up to 150 multi-family rental units with affordable housing on property located on the north side of Vanderbilt Beach Road, approximately 828 feet from the intersection of Vanderbilt Beach Road and Livingston Road, in Section 31, Township 48 South, Range 26 East, consisting of 5.88± acres. [PL20220001011] (This is a companion to item 9B). (District 2) (27402) e-mails All information has been filed electronically with Minutes and Records Ex parte Items – Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA FEBRUARY 13, 2024 CONSENT AGENDA: 16.A.3. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Macedonia (Application Number PL20220006832), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $204,175.95. (District 2) (27680) NO DISCLOSURE FOR THIS ITEM SUMMARY AGENDA: 17.B. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20230013038 to disclaim, renounce, and vacate the County and the Public Interest in the 12-foot Fire Wagon and Drainage Easement located along the southerly border of Lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida, in Section 14, Township 50 South, Range 25 East, Collier County, Florida and to accept Petitioner’s grant of a 12-foot drainage and access easement to replace the vacated drainage easement. (District 4) (27684) NO DISCLOSURE FOR THIS ITEM Ex parte Items – Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA FEBRUARY 27, 2024 BOARD OF ZONING APPEALS: 8.A. *** This Item to be heard no sooner than 10AM. *** Recommendation that the Board of County Commissioners, sitting as the Board of Zoning Appeals, review the appeal of the August 18, 2023, Official Interpretation issued by the Zoning Director regarding the type of use or uses that qualify as a neighborhood fitness and community center, a Conditional Use in the Golf Course Zoning District, and uphold the interpretation of the Zoning Director that a “neighborhood fitness and community center” is a facility that serves the fitness and community needs of various neighborhoods and a broader community. This is a county-wide Interpretation not specific to the Lakewood Golf Course. (All Districts) (27807) e-mails Meetings CONSENT AGENDA: 16.A.2. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Rivergrass North - Phase 1A (Application Number PL20220007569), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $8,858,927.35. (District 5) (27770) NO DISCLOSURE FOR THIS ITEM 16.A.3. 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 minor final plat of City Gate Commerce Center, Phase One, Replat of Lots 7, 8, and 9, Application Number PL20230017041. (District 3) (27752) NO DISCLOSURE FOR THIS ITEM Ex parte Items – Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA FEBRUARY 27, 2024 SUMMARY AGENDA: 17.D. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance amending Ordinance No. 2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (MPUD), to increase the maximum zoned height of two buildings on Lot 2 from 50 feet to 55 feet near the southwest corner of Collier Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [PL20230010984] (District 3) (27793) NO DISCLOSURE FOR THIS ITEM 1 Sarina Francis From:Alex Goldberg <atgoldberg48@gmail.com> Sent:Tuesday, September 26, 2023 1:51 PM To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; Bill McDaniel Subject:PL20220001010 and PL20220001011 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. Gentlemen; The proposed development (Mattson) will aggravate what is already a very bad morning rush hour condition. We constantly hear people say " Wow, traffic certainly is much worse than it used to be." Well, why is that. It's because housing continues to be added until Naples becomes Miami-West. The very reason people move to Naples is being chipped away, one housing development at a time. In addition, there will be a new traffic hazard. I was a customer of one of the businesses that has been displaced. When exiting the property, in order to head east, one has to rapidly cross three lanes of traffic in order to get to the U-turn lane. It is difficult at best, and the low volume of customers has helped the odds. With 150 units, with 150-300 potential drivers, it will be a dangerous situation. Alex Goldberg Village Walk of Naples 1 Sarina Francis From:Richard DeFino <MASONNYS@HOTMAIL.COM> Sent:Wednesday, September 27, 2023 10:45 AM To:Burt Saunders; Chris Hall; Dan Kowal Cc:Rick LoCastro; Bill McDaniel Subject:MATTSON AT VANDERBILT Importance:High 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 Sir, I am a resident of Village Walk in Naples and want to state my complete opposition to the proposed development of a housing project Mattson at Vanderbilt Residential. Naples has been overdeveloped as it is, and to stick this building on top of us is just not right. I ask you to please stop this action to the best of your ability. Kind Regards, Richard DeFino RICHARD DEFINO F&AM 3205 BENICIA CT NAPLES, FL 1 Sarina Francis From:Tanya Postnaya <tpostnaya@hotmail.com> Sent:Friday, September 29, 2023 11:16 AM To:Chris Hall Cc:Burt Saunders; Dan Kowal; Rick LoCastro; Bill McDaniel Subject:Vote scheduled on October 24, 2023 on the new projects to be built on Vanderbilt Beach road: 208 Units and 150 Units - Naples, FL - 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. The Honorable District Representative; I am writing to you about the proposals to be voted-on in October 24, 2023 for the two (2) new development projects on Vanderbilt Beach Road in Naples. The documentation for both projects are only about new units being built. But there is nothing in the proposal which addresses additional students to be added to the schools. The new housing will have 358 new units in total. New residents' children will enroll into the district’s public schools. That will increase the number of students in the local schools between 400 or even 500. Consequently, it will require the new classrooms, equipment, teachers and other facilities to enable schools to provide education. The other point: the existing traffic on the section of Vanderbilt Beach Road between Logan Blvd and Livingston Road. The morning and evening commutes are alread y very busy even during Summer ( off school/off-season) time. Also the same section of the Vanderbilt Beach Road has many intersections and traffic lights already. In addition to the schools overloading and additional traffic, my concern is with the new development proposal of 150 units on the Vanderbilt Beach Road and Livingston Road. The developer needs to build a back road from that community with the entrance from the Livingston Road. The current proposal to have an entrance from the Vanderbilt Beach Road. That will endanger the drivers on the Vanderbilt Beach Road and create more tensions on that section of the road. Overall: The developers are only interested to build the units and get their profits. Therefore they build the affordable/luxury housing on the unsustainable infrastructure. The builders need to have funds allocated and even build the infrastructure for the improvements needed to support the additions of the new developments prior to starting their profitable projects. I trust that council will address the issues with infrastructure prior to the approval of the proposed projects. That will benefit the entire community including new residents. Thank you! Sincerely, Tatyana Postnaya 2 3214 Benicia Ct Naples, FL 34109 Ref: Units to be built: 208 Ascend Naples, a proposed multifamily rental community located on Vanderbilt Beach Road, just east of Logan Boulevard, in the urban Golden Gate Estates. Units to be built: 150 Vanderbilt Beach Rd and Livingston Rd Mattson at Vanderbilt Residential Subdistrict Growth Management Plan Amendment (GMPA) Petition Number: PL20220001010 and Mattson at Vanderbilt Residential Planned Unit Development (RPUD) Rezone Petition Number: PL20220001011 1 Sarina Francis From:JOHN SIELLER <johnsie44@sbcglobal.net> Sent:Sunday, October 1, 2023 2:07 PM To:Dan Kowal Subject:Mattson at Vanderbilt 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 Mr. Kowal - We are writing to voice our opposition to the proposed Mattson at Vanderbilt development, planned for the 5.8 acres between Sandalwood Village and Bradford Square. As residents of Naples (our home is in the Village Walk community on Vanderbilt Beach Road) we are very concerned with each of the following aspects of the development -  The surrounding developments - Sandalwood Village, Bradford Square and TGM Bermuda Island Apartments - have much greater setbacks from the road, and also have much more open space around their buildings. It seems that trying to “pack in” 150 apartments on 5.88 acres does not fit in either spatially or visually with any of the quality surrounding developments.  According to their submission Mattson at Vanderbilt will be up to 60 feet tall in an area zoned for 50’ high buildings, and due to the minimal setbacks to the parking lots and main entrance they will appear even taller from the road and the neighboring developments .  According to the submission, there will be only 10’ deep planting beds from the side properties. The plants will need to be relatively small and offer very limited visual blockage of the parking lots - which surround the entire proposed building. This will be a lot of blacktop with very little space for grass or greenery.  According to the submission, the only outdoor recreation space will be a pool in the center courtyard - why are there no other outdoor recreational facilities for the residents?  The number of cars coming out of 150 working family apartments will be significant, adding to the commuter traffic on Vanderbilt Beach Road which already backs up for hundreds of yards at each traffic light. Also, cars pulling out and switching into multiple lanes of high speed traffic is going to be extremely unsafe during commuter hours.  The architectural “conceptual renderings” appear nice, but what is the developer actually required to include in the final construction? The surrounding buildings (Sandalwood Village, Bradford Square and TGM Bermuda Island Apartments) have upscale architectural features and terraces - will Mattson at Vanderbilt? In summary, the greatly “crowded” design of this development concerns us greatly. The 5.8 acre space does not seem adequate for 150 apartments, and from what we can gather the development has not been designed to fit in with the surrounding buildings and communities. We are disappointed that the primary goal of the developer seems to have been “cram in as many apartments and parking spaces as possible”, with little concern for the quality of the space and the visual impact when compared to the neighboring developments. 2 For all of the above reasons we hope you do not approve the Mattson at Vanderbilt development as it is currently proposed, and instead direct the developer to design an apartment building that suits such a small building lot and fits in with the neighboring properties. Sincerely, Marie and John Sieller 3236 Benicia Ct. Naples FL 34109 203-725-7539 (cell) 1 Sarina Francis From:Alex K <kissen_a@yahoo.com> Sent:Tuesday, October 3, 2023 5:42 PM To:Burt Saunders Cc:Chris Hall; Dan Kowal; Bill McDaniel Subject:Letter Rezoning Meeting Attachments:To The Honorable District Representative (2)(1).docx 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. To The Honorable District Representative: We are writing to you in regards of the proposal to be voted on October 24, 2023 for the 2 new developments proposed on Vanderbilt Beach Road, Naples. The new housing will have 358 units in total. Our family has property in Naples in Vanderbilt Beach Road corridor from 2012. We have lived here permanently for almost 5 years. Over this period of, the traffic on Vanderbilt Beach Road has changed drastically for the worse. Formerly a quiet road, it has become like an industrial road or Manhattan type street. The morning and evening commute is very busy, even during the summertime off-season when schools are closed and snowbirds are gone. During winter season, the traffic is heavy all day long. The intersection of Vanderbilt Beach Road and Livingston Road is particularly busy and has become dangerous. The same conditions exist at other intersections long Vanderbilt Beach Road. Also, Vanderbilt Beach Road reduces to a two-lane road West of Airport Pulling to Rt 41. The traffic is not our only concern. The proposed number of rental units require other supportive infrastructures that need to be addressed. Most important is a school. The addition of 358 proposed units could potentially add 400-500 new students at existing schools. Will this require additional classrooms, teachers, custodians, equipment, Sheriff deputy monitoring, buses, etc? While the proposed development would create a larger tax paying base, will it even come close to covering the increased costs? Will this translates into higher taxes being assessed against existing residents? Our surrounding infrastructure, such as stores, restaurants, patron parking, etc. in the general vicinity of these proposed new developments are already at maximum capacity. EMS services will require more time to reach people in need and navigating the troublesome traffic that currently exists is already a serious problem without the addition of these two new developments. The developers are naturally interested in building new units and generating profits. But they or Collier County government should be responsible for building the infrastructure to serve those communities first, and not at the expense of existing residents. Our family requests that the Council address these issues prior to any decision to approve these unsustainable and unwanted projects. The Council represents the interests of the voters and rezoning is definitely NOT in the interest of the citizens of this area. Respectfully, Kisenishsky family: Olga, Alexander, Elizabeth. 3231 Benicia Ct., Naples, Fl 34109 Phone 239-451-4641 Ref: 2 Units to be built: 208 Ascend Naples, a proposed multifamily rental community located on Vanderbilt Beach Road, just east of Logan Boulevard, in the urban Golden Gate Estates. Units to be built: 150 Vanderbilt Beach Rd and Livingston Rd Mattson at Vanderbilt Residential Subdistrict Growth Management Plan Amendment (GMPA) Petition Number: PL20220001010 and Mattson at Vanderbilt Residential Planned Unit Development (RPUD) Rezone Petition Number: PL20220001011 Word document attached with the same context. 1 Sarina Francis From:Tanya Postnaya <tpostnaya@hotmail.com> Sent:Friday, January 19, 2024 10:36 AM To:Chris Hall Cc:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; Bill McDaniel Subject:Ref: Mattson project on Vanderbilt Beach Rd 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. To: The Honorable District Representative; This is my 2nd letter in regards of the proposed new development(s) on the Vanderbilt Beach Road therefore I want to be short. I am hoping that consideration of the benefits of adding yet (or just) another 40 units of affordable housing in addition of the thousands of new dwellings on and off Vanderbilt Beach road and surrounding areas will not resolve the issue of the affordability. Unfortunately for all of us, it will only make the congestion on the roads to resemble New York City; schools to be overcrowded; will require new shopping centers, new fire stations, police officers and other services. Will it make the living conditions better for the residents current and/or new? No. New developments will require more taxes and increased fees to support additional schools and other services. Therefore that will make the living even less affordable for all current and future residents. Please vote «No» on our behalf. Thanks very much, Tatyana Postnaya 3214 Benicia Ct Naples, FL 34109 Vanderbilt Beach Rd and Livingston Rd Mattson at Vanderbilt Residential Subdistrict Growth Management Plan Amendment (GMPA) Petition Number: PL20220001010 and 2 Mattson at Vanderbilt Residential Planned Unit Development (RPUD) Rezone Petition Number: PL20220001011 1 Sarina Francis Subject:Commissioner Kowal & Zachary Lombardo; RE: Lakewood’s appeal of INTP- PL20230010644 Location:Commissioner Kowals Office - 3299 Tamiami Trail East, Suite 303, Naples, FL 34112; Start:Wed 2/21/2024 1:45 PM End:Wed 2/21/2024 2:15 PM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Dan Kowal Required Attendees:Kaitlin Chylinski; zlombardo@wpl-legal.com Optional Attendees:Anthony Pires; Lenore Brakefield 1 Sarina Francis From:Kaitlin Chylinski <kchylinski@wpl-legal.com> Sent:Friday, February 16, 2024 9:20 AM To:Sarina Francis Subject:RE: Request for Meeting 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. Yes, that would be great! Thank you so much. Sincerely, Kaitlin Chylinski, CRP® PCCE Core Registered Paralegal Paralegal to Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 OƯice: 239-649-6555 | Fax: 239-649-7342 KChylinski@wpl-legal.com | www.wpl-legal.com Facebook | LinkedIn | Twitter | Instagram Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. If you are not the intended recipient, we hereby notify you 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 attachments in error, please notify us immediately by reply email or telephone (call 239-649- 6555) and promptly delete this message and all its attachments from all mailboxes. FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA TELEPHONE From: Sarina Francis <Sarina.Francis@colliercountyfl.gov> Sent: Friday, February 16, 2024 9:13 AM To: Kaitlin Chylinski <kchylinski@wpl-legal.com> Subject: RE: Request for Meeting Good Morning Kaitlin, The 1:00pm Ɵme slot did get taken, can I send you a calendar invite for 1:45? Sarina Francis Executive Coordinator to Commissioner Kowal, District 4 2 Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Phone: 239 252 8604 Click here to sign up for the District 4 Newsletter! Click here to follow Commissioner Kowals Facebook Page! From: Kaitlin Chylinski <kchylinski@wpl-legal.com> Sent: Friday, February 16, 2024 8:59 AM To: Sarina Francis <Sarina.Francis@colliercountyfl.gov> Subject: RE: Request for Meeting 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, We would love to schedule for February 21st at 1:00pm, if it is still available. We can also do 1:30pm or 2:00pm on the 21st as well. Sincerely, Kaitlin Chylinski, CRP® PCCE Core Registered Paralegal Paralegal to Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 OƯice: 239-649-6555 | Fax: 239-649-7342 KChylinski@wpl-legal.com | www.wpl-legal.com Facebook | LinkedIn | Twitter | Instagram Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. If you are not the intended recipient, we hereby notify you 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 attachments in error, please notify us immediately by reply email or telephone (call 239-649- 6555) and promptly delete this message and all its attachments from all mailboxes. 3 FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA TELEPHONE From: Sarina Francis <Sarina.Francis@colliercountyfl.gov> Sent: Thursday, February 15, 2024 4:01 PM To: Kaitlin Chylinski <kchylinski@wpl-legal.com> Subject: RE: Request for Meeting Good AŌernoon Kaitlin, Commissioner Kowal’s upcoming availability: Wednesday, February 21st at 1pm, 1:30pm, or 2:00pm Monday, February 26th at 11:00am, 12:30pm, or 1:30pm Let me know if any of these dates/Ɵmes work for your firm. Regards, Sarina Francis Executive Coordinator to Commissioner Kowal, District 4 Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Phone: 239 252 8604 Click here to sign up for the District 4 Newsletter! Click here to follow Commissioner Kowals Facebook Page! From: Kaitlin Chylinski <kchylinski@wpl-legal.com> Sent: Wednesday, February 14, 2024 4:34 PM To: Sarina Francis <Sarina.Francis@colliercountyfl.gov> Cc: Zach Lombardo <zlombardo@wpl-legal.com> Subject: RE: Request for Meeting 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 afternoon, I hope this email finds you well. This firm represents Lakewood Community Services Association, Inc. We were wanting to inquire about potentially setting up a meeting next week, if Commissioner Kowal is available, to discuss Lakewood’s appeal of INTP-PL20230010644, which is currently on the agenda for the February 27, 2024, Board meeting. 4 Please let us know of some dates and times next week if Commissioner Kowal is available. We appreciate your time and assistance! Sincerely, Kaitlin Chylinski, CRP® PCCE Core Registered Paralegal Paralegal to Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 OƯice: 239-649-6555 | Fax: 239-649-7342 KChylinski@wpl-legal.com | www.wpl-legal.com Facebook | LinkedIn | Twitter | Instagram Confidentiality Notice: This transmittal and any attachments may be a confidential attorney-client communication or otherwise privileged or confidential. If you are not the intended recipient, we hereby notify you 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 attachments in error, please notify us immediately by reply email or telephone (call 239-649- 6555) and promptly delete this message and all its attachments from all mailboxes. FRAUD ALERT ---- PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM VIA TELEPHONE 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.