Backup Documents 02/10/2009 Item # 7A
7A1i'
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 be Iland deliverctllo the Board Office. The completed routing slip and original
documents arc to be fonvarded to the Board 0111.::e only after 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
exceotion oflhe Chairman's signature, draw a line throu"h rOlltimr lines #1 throuph #4, conm1ete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 2-12-09
5. Sue Filson, Executive Manager Board of County Corrunissioners
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 primary contact IS the person who created/prepared the executive
summary. Primary contact information is needed in the event ~me 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 flCe ofnce only after the Bee has acted to approve the
Item.)
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 2-10-09 Agenda Item Number 7-A
Approved by the BCC
Type of Document Resolution 2009-36 Number of Original One
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO nate,
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of rnost 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 from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
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 BCe ehairnlan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final ne 'otiated contract date whichever is a plicable.
"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 BCe: office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee WIthin a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 2-10-09 and all changes made duriug the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
JAK
N/A(Not
A licable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 224.05
07-CPS-00668/6
7A "
RESOLUTION NO. 2009 - 36
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING A REQUEST FOR
THE ESTABLISHMENT OF A CONDITIONAL USE, AS
ALLOWED BY SECTION 2.03.0I.A.C.20 OF THE LAND
DEVELOPMENT CODE, IN THE AGRICULTURE (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY, FOR "RECREATIONAL FACILITIES." THE
PROPERTY IS LOCATED AT 10111 AND 10121
KEEWAYDIN ISLAND, IN SECTION 14, TOWNSHIP 51
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a conditional use,
as allowed by Section 2.03.0I.A.C.20 of the Land Development Code, in the Agriculture (A)
Zoning District with a Special Treatment (ST) Overlay, for a recreational facility. The applicant
proposes to use the site for a private beach club with a beach pavilion; and
WHEREAS, the Collier County Environmental Advisory Council unanimously
recommended denial of the application, citing enforcement issues regarding the person capacity
limitation, negative impact to the island from multiple private boats, a negative human impact on
the beaches, dunes and mangroves, and failure of the project to serve the greatest benefit to the
people of Collier County; and
Page I of3
{ 7A~'
WHEREAS, the Collier County Planning Commission recommended denial of the
application, finding lack of emergency access, outstanding Department of Environmental
Protection permitting issues relatcd to the site's dock, incompatibility with the existing
residential uses, and failure of the project to comply with Land Development Code subsection
3.03.07.A; and
WHEREAS, the Board heard testimony regarding the application's lack of benefit to the
people of Collier County as a whole and corresponding failure to meet the standards governing
the special treatment overlay; and
WHEREAS, the Board heard further testimony regarding the lack of compatibility with
the adjacent properties and other property in the district; and
WHEREAS, the Board also heard testimony regarding the negative impact this
application would have on surrounding properties; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a 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:
For the reasons set forth in the record, the Petition filed by Basil Street Partners, LLC,
represented by Clay Brooker, Esq. of Cheffy Passidomo, P.A., with respect to the property
hereinafter described as:
Parcell: The North 89.3 feet of Government Lot 2, Section 14,
Township 51 South, Range 25 East, Collier County, Florida (measured at a 90
degree angle to the north line of said Government Lot 2, said north line also
being the common line separating Sections 11 and 14, Township 51 South,
Range 25 east, Collier County, Florida); and
Parcel 2: The South 89.3 feet of Government Lot 2, Section 14,
Township 51 South, Range 25 East, Collier County, Florida (measured at a 90
Page 2 of3
7A '~
degree angle to the north line of said Government Lot 2, said north line also
being the common line separating Sections II and 14, Township 51 South,
Range 25 east, Collier County, Florida),
be the same is hereby denied for a conditional use, pursuant to Section 2.03.01.A.C.20 of the
Land Development Code, in the Agriculture (A) Zoning District with a Special Treatment (ST)
Overlay, for a recreational beach pavilion
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and unanimous vote, this \o'rlday of
February, 2009.
ATTEST: .
Dw~t'E BR@.cK, CLERK
", '
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
B~;}f .
, , .'.. , D pu Clerk
.tut"_ :J!l~l
'1""t..... 011,"
Ap roved as to form and
Ie I sufi 1 ency:
~/ . / -
B' .~ ~ ~4.~
y. DON A FIALA, CHAjRM~
Jeffi
Cou
Item # .::I...I1-.
Agenda 2/110/0'1
Dale
~d 2/nIOQ
Page 3 01'3
r'7A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
w*******~***************w****w******w******w***w*********************~*******w*******w*7"I********
Ongmatmg Deptl Div CDES.lZoninu Person John~Davld Moss, AlCP Date I 7 0 9
Petition No (If none, give brief descnptlOn) CU-2006~AR~1092S, Keewayd1l1ls!and Naples Bay Resort Beach Shelt~~
PetitIonel. (Name & Address) Clay Brooker, ESQ, Chefty, Passidomo, WIlson, & Johnson, LLP, 821 Fifth Aven!l;outh,
Suite 20 I, Naples, FL 34102
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Basil Street Partners, LLC, 365 Fifth Avenue South, Suite 2, Naples, FL 34102
Hearing before Bee
BZA
Other
Requested Hearing date:
Februarv 10. 2009
Based on advertisement appearing 15 davs 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: Petition: CU~2006-AR-I 0925, Basil Street Partners, /
LLC, represented by Clay Brooker, Esq., of Chefty, Passidomo, Wilson & Johnson, LLP, requesting a Conditional Use of the \.
Agricultural (A) Zoning District, with a Special Treatment Overlay (ST), as specified in Section 2,03.01.A.c.20 of the Collier
County Land Development Code (LDC), for a beach access facility. The subject property, consisting of 4.32 acres, is located at
10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 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
I.(h. J~ i!8/o-i
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: 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
B. 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 bearing: # Date Advertised: ,-fUr
7 A I"H'.
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE IN THE AGRICULTURE (A) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY
TO ALLOW RECREATIONAL FACILITIES PURSUANT TO
SECTION 2.03.0I.A.c.20 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR PROPERTY LOCATED
ON KEEWAYDIN ISLAND IN SECTION 14, TOWNSHIP 51
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
to provide a passive recreational facility pursuant to Section 2.04.03 of the Collier County Land
Development Code in an Agriculture (A) Zoning District on property hereinafter described, and
the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 10.08.00.D of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
Page I of3
- ~._~-----^~~--"_. '---"'-".'--~-"-"'"."~_._"*'--'--
~~7 A I
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson & Jolmson for
Basil Street Partners, LLC, representing with respect to the property described in Exhibit "B,"
attached hereto and incorporated by reference herein, be and the same is hereby approved for a
Conditional Use pursuant to Section 2.04.03 of the Collier County Land Development Code, for
a passive recreational facility in the Agriculture (A) Zoning District in accordance with the
Conceptual Master Plan (Exhibit "C"), subject to the conditions set forth in Exhibit "D," which is
attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, DEPUTY CLERK
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
~ 7. wiL
Steven T. Williams "f..1
Assistant County Attorney
Page 2 of3
Attachments:
r-7A'
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
Page 3 of3
..-----.---.--- .--,---------------------------.
'7A
FINDING OF FACT.
. . .BY .. .
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-I092S
The following facts are found:
. ",'
. .
. .
1. Section 2,04.03, Table 2, of the Land Development Code authorized the conditional
use. pee \e l'- ~ '-->Q T .' CL,j..J t\\^f\vc) . 'C. ""-".,e..Po N LtIUXvuc~ ,It; tu eel
2. . Granting the conditional use will not adversely affect the public interest aild will not
adversely affect other property or uses in the same district or neighborhood because
of:
. '..
. .
A. '. C~nsisten()y with the. Land Development Codt< and Growth Manage)llent Plan:
Yes_ NOJ
. .
. 8.. Ingre~s' and egress to property and proposed structures thereon with particular
reference to automotive and. pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe: .
. .
Adequate ingress & egress
Yes_No)L
C.
Affects neighboring properties in relation to noise, glare,' economic or odor
effects: '. .
D.
~ No affect or '. Arfectmitigated py
. - Affect c_t be mitigated IJ.-'~ 10\"",,,,,,-. b,\ h0-i, 11A..<7'l
Compatibility with adjacent propeJ;tiesand other property in the district:
Compatible use within district
Yes No K
.-.
. . .
. . . . .
. . .
Based on the above findings, this conditiomil use should, with stipulations, (copy attached) be
reconnnended for approVal to the Board of Zoning Appeals. .'
DATE:~./)Cj ~01
CHAIRMAN: .
fV( wJ~r~~,
E:XHIBITA
- .. ---..-.--r----~-----.--.-------
,.,., A t~ I W
FINDING OF.FACT
BY
COLLIEli COUNTY PLANNING COMMISSION
. ..FOR .
. A CONDITIONAL USE PETITION
CU-200S~AR-I0925
. The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development. Code authorized the conditional
use.
2. . Granting the conditional use Will not adversely affect the public interest and will not
adversely affect other property or uses in the. sar,ne district or .neighborhoodbecause
of: .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes. v No
B. Ingress and egress to property and proposed. structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe: . .
Adequate ingress & egress
Yes. V'. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: .
_ -No affect or L Affect mitigated by
~ Affect CaIu1.ot be mitigated
xJ'"/C<>P!?f noN)
D. Compatibility with adjacent properjies and other property in the district:
Compatible use within district
Yes II No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
7/?~Cl1
MEMBER:
.:0~
DATE:
ExHIBIT A
.-._---._--"-'- .---.-.r-----~--......--..----.-.-.
"'7 A "" I
. FINDING OF FACT
BY
COLLIEIl. COUNTY PLANNING COMMISSION.
. FOR.
, A. CONDITIONAL USE PETITION
CU-200S-AR-I092S
. The following facts are found:
. . .
. . .-
. ..
1. Section 2.04.03, Table 2, of the Land IieYelqp~ent'Cqde authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the. same district or .neighborhoodbecause
(}l': . .
A. . Consistency with the Land Devetopment Code arid Growth Management Plan:
Yes~ No-;-:-..
... .,
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotiVe and. pedestrian. safety. and convenience; traffic flow
and conttol,and acce~s in case of fire .qr catastrophe: . .
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: . ..
~No affect. or _ Affectmitigated by.
_ Affect caMot be mitigated
. . .
D. Compatibility with adjacent propeI1ies and other property in the district: .
Compatible use within district .
Yes 4 No---,
Based on the above findings, this conditional use should, with stipulati
recommended for approval to the Board ofZol1ing Appeals.
DATE: ?-/j':-cY/
EXHIBIT A
-'.-----, _.._--._,.__..._-t--~".._."._,._----------_..__w.~,..~",'--.,,~
"7 A ~'tI
FINDING OF FACT
BY
COLLIER COUNTYI'LANNING COMMISSION
.. . FOR . .. ....
..' A CONDITIONAL USE PETITION
CU-2005cAR-I092S
.The following facts are found: .
. . ' ' .' '. . '
1. Section 2.04.03, Table 2, of the Land Development' Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in.the sarp.e district or neighborhood because
of: . .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes,.----,- No-,2(...
. .
B. . Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian. s~fety. and convenience, traffic flow
and control, and access in case of fire .qr catastrophe: . .
Adequate ingress & egress
Yes No"K
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: . .
.No affect or -'-- Affect mitigated by
--P- Affect cannot be mitigated
. .
D. Compatibility with adjacent propet1ies and other property in the district:
Compatible use within district.
Yes_ NoL.
. Based on the above findings, this conditional use should, with stipulations, (copy attached) be .
recommended for approval to the Board of Zoning Appeals.
DATE: 7-;'1-0'1 MEMBEC~.-::: ;'
EXHIBIT A
__._"."~.._ ~ -.. ....~..-,- .-... 'r'-"-~__H_____"'---~-' _"_~'_~_~_'_._~._k'.'_"_"~'_.'.,_Oh,'"~F~_._"_'."___.__..,......_~-
1"7 A
FINDING OF FACT
BY
COLLIER COu:NTYPLANNING COM\\1lSSION
FOR. .
A CONDITIONAL USE PETITION
CU-200ScAR-I092S
. The following facts are found:
1. Section 2.04.03, Table 2, of the L!1ild DeveIQPi!lent. CQde authorized the conditional
use.
2. Gr!1ilting the conditional use will not adversely affect the public interest and will not
adversely atIect other property or uses in the same district or.neighborhood because
of: .
A
Consistency with the L!1ild Development Code arid Growth Management Plan:
No /
Yes
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian. safety and convenience, traffic flow
and control, and access in case of fire .or catastrophe: . .
Adequate ingress & egress
No .t/
Yes
C. Affects neighboring. properties in relation to noise, glare, economic or odor
effects: . .
_ No affect or -'-- Affect mitigated by
~ Affectcariiiot be mitigated
D. Compatibility with adjilcent proper1ies and other property in the district:
Compatible use within district
No /'
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
7/'1/(} 7
I ,
MEMBER: J/,-n/l~ ~ed... {I~
EXHIBIT A
'"''"'-~'"'-'_1''''_'D_'______'___"CM''__'''__~_"<<<_'_'''___._'
"7 A II!'"
FINDING OF.FACT
BY
COLLIEIt COUNTY.PLANNING COMMISSION.
. .. ..FOR. '.'
,A CONDITIONAL USE PETITION
CU-2005~AR-I0925
The following facts are found:
2. . Granting the c.onditional use Will not adversely affect the public interest and will not
adversely affect other prciperty or uses in the same distri~t or .neighborhoodbecause
of: .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes. NoJ
..'
B. Ingress !U1d egress tci property and proposed' stiuctures thereon with particular
reference to automotive and pedestrian. safety. and convenience; traffic flow
and control, and access in case of fire or catastrophe: . . .
Adequate ingress & egress
No ~
Yes
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: . .
_ No aJf'1ct' or -'c-- Affe~t .mitigated by
~ Affect catlilot be mitigated
. .
. . .
.. .
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district.
Yes NoV..
Based on the above findings, this conditional use should, with stipulations, (copy attached) be .
. recommended for approval to the Board of Zoning Appeals.
DATE: ~II <} I ~ .7
MEMBER:
"~}' E---
,', ~.~
EXHIBIT A
-.--.... .-.......--,----"--........-----..--..
17 A ti~!"
, FINDING OF FACT
BY'
COLLlEIt COUNTYPLANNlNG COMMISSION
. ,'"FOR, " '"
, A CONDITIONAl; USE PETITION
CU-200S~AR-I092S
, .The following facts are found: '
1. Section 2.04,03, Table 2, of the Land DevelqpmentCode authorized the conditional
use.
2. ,Granting the conditional use will not adversely affect the ,public interest and will not
adversely affect other prciperty or uses in the, same district or neighborhood because
of '
A. Consistency with the Land Development Code and Growth Management Plan:
ves:L..-. No_.'
. . ~ ",;:,
B. Ingress and egress tci property and proposed stiuctures thereon with particular
reference to automotive' and pedestrian s~ety, and convenience, traffic flow
and control, and acc~s in case of fire ,or catastrophe: ' '
Adequate ingress & egress
Yes L No---.:..'
C. Affects neighboring' properties in relation to llOise, ~lare,economic or odor
effects:
_ No affect or L Affect mitigated by i6l0WVJ.r'"
_ Affect caMot be mitigated
D. Compatibility with adjilcent properties and other jiroperty in the district:
Compatible use within district
Yes L- 1'10---,
/
, Based on the above findings, this conditional use should, with s
recommended for approval to the Board of Zoning Appeals.
i
,
~ulations, (copy attached) be
DATE: ~\)(j't: 11('((17
ME!y1BER:
. r r-....:
,
exHIBIT A
FJN])ING OF FACT.
. . BY . .
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE Plf,TlTION
FOR
,~.., II t~" I
CU-200S-AR-I092S
ThefolloWing facts are found:
. .
. .
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use Will not adversely affect the public interest and Will not
adversely affect other property or uses in the same district or neighborhood because
of:
". .. .
A. Consisten~y with the Land Development Code. and GroWth Management Plan:
Yes
.No /
B.. Ingress and egress t6 property and proposed structures thereon With particular
reference to automotive and p~estrian safety and convenience, traffic flow
and control, and access in case of fire or ca1:l\Strophe:
. .
Adequate ingress & egress
Yes r/NO
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: . .
_V;:;o affect or _ AfIectmitigated by .
. _ Affect cannot be mitigated
D. Compatibility With adjacent properties and other property in the district:
Compatible use Withindistric~
Yes No~
. .
. . "., "
Based on the above [mdings, this conditiomil use should, With stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
t11 e .//ld.. ~.;- .
DATE: 7-/7-.07. ~ tJ1/
EXHIBIT A
....--.. -. .-----,.--.--.-...
, 7Ai
, FINDING OF FACT
BY
COLLIER COUNTY PLANNING. COMMI~SION
,FOR".
, 'A CONDITIONAL USE PETITION
CU.2005cAR.I092S
.The following facts are found: .
1. Section 2.04.03, Table 2, of tile Land Development' Code authorized the conditional
use.
2. ,Granting the conditional use Will not adversely affect the.public interest and will not
adversely affect other property or uses in. the. same district or neighborhood because
of:
. .
A. . Consistency with the Lan~opment Code and GrowthManagement Plan:
Yes. No . ,
,;. .., .._,
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and. pedestrian. safety and convenience, traffic flow
and control, and access in case of fire .or' catastrophe: . . '
Adequate ingress & egress /
Yes No ~" . ,
C. Affects neighboring' properties in relation to noise, glare, economic or odor
effects:. '.
/ .
_ No ~t or ---::- Affe~t.miti~ated by
_ Affect cannot be mllrgated
D. Compatibility with adjacent prope~ies and other property in the district: .
Compatible use within di".
Yes . No~ .
Based on the above findings, this conditional use should, wi
recommended for approval to the Board of Zoning Appeals.
DATE:
I~O
MEMBER:
EXHIBIT A
...._-"_._-~..,...-'--'"-"_..._'----_.-......-~.__..._-
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EXHIBIT B .
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EXHIBIT C ..
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EXHIBIT D
CONDITIONS OF APPROVAL
CU-2006-AR-I092S
August 28, 2008
I. The use is limited to that depicted on the conceptual site plan identified as "The
Beach Shelter at Keewaydin Island" prepared by Dyehouse Comeriato Architect,
and date stamped December 7, 2006, except as further conditioned below.
2. All proposed improvements shall be designed in accordance with the standards of
the Florida Department of Environmental Protection (FDEP) Division of Beaches
and Shores and an approved FDEP permit shall be obtained, and copies provided,
prior to issuance of a Collier County Site Development Plan.
3. Permanent conservation easements dedicated to the County will be required over
the 0.43-acre area preserve within 90 days of SDP approval or prior to CO of the
building, whichever comes first.
4. Site Development Plans shall depict a staging area for the construction equipment
and the impacts to the area along with replanting/re-vegetation plans.
5. If lighting is required for security reasons, only low-level, directional lighting that
complies with sea turtle regulations approved by the Rookery Bay Reserve
manager will be used, subject to review and approval by County Environmental
Services staff.
6. Users of the beach shelter property shall arrive by the applicant's designated boat
shuttle only.
7. No more than 20 people, including at least one resort staff, shall be on-site at any
one time.
8. Noise on the property shall not exceed 55 decibels at the boundaries of the
property, and shall otherwise comply with the County's Noise Control Ordinance.
9. The beach shelter shall remain closed between dusk and dawn.
10. All food, beverages and trash shall be removed from the beach shelter at dusk,
and facility staff shall clean up any litter on the beach up to 100 yards beyond the
property boundaries in both northern and southern directions.
II. At the time of SDP approval, the applicant shall provide evidence that an
Environmental Resource Permit, pursuant to Part IV, Chapter 373, Florida
Statutes, and an authorization to use State-owned submerged lands to change the
-"'-""~-"-'-"'--T""-'~'--'--~'--_."-'~' .~
Exhibit D
'"' 7 A I'" i"
use of the previously permitted dock on the subject property, have been approved
by the Florida Department of Environmental Protection.
12. Approval of this Conditional Use shall not be construed as approval of the
attached conceptual site plan; the site plan shall be formally reviewed and
approved as part of the Site Development Plan (SDP) process. No variances from
any LDC requirements have been granted as part of the acceptance of the subject
site plan. If it is determined that the site plan is not in compliance with any LDC
requirements, the site plan must be brought into compliance prior to the issuance
of any site development plan approval.
13. The Department of Zoning and Land Development Review Director may approve
minor changes in the location, site layout or height of buildings, structures, and
improvements authorized by this Conditional Use. Expansion of the uses
identified and approved within this conditional use application, or major changes
to the site plan submitted as part of the application, shall require the submittal of a
new Conditional Use application, and shall comply with all applicable County
Ordinances in effect at the time of submittal, including section 1O.02.03B.3. of the
Collier County Land Development Code.
14. The Conditional Use shall be required to go before the Board of Zoning Appeals
(BZA) for review every three years from the issuance of the CO, unless during
any such three-year term there have been (1) no violations of any of these
Conditions, and (2) no findings by any court or tribunal (including the Collier
County Code Enforcement Board or Special Magistrate) of any Collier County
Code Violation arising from the subject parcels. If such violations have occurred,
and a hearing before the BZA is triggered, the BZA shall review the violation(s)
and determine what revisions to these conditions may be warranted, if any; or
whether to revoke the Conditional Use should a record of persistent or significant
violations exist. Such a hearing will be conducted by the BZA in the same general
manner set forth in LDC Section 10.08.00, except that the matter will go directly
to the BZA and will not be reviewed by the Planning Commission.
....~_....._...--...r----.
t 7A~"
ACCT #068779
January 14,2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2006-AR-I0925:
Keewaydin Island Naples Bay Resort Beach Shelter
Dear Legals:
Please advertise the above referenced notice on Sunday, January 25, 2009 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
. '.~-'i
II!lI! 7 A bf!. IC~.
r' I., r'
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, February 10,
2009 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 PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE IN THE AGRICULTURE (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO
ALLOW RECREATIONAL FACILITIES PURSUANT TO SECTION
2.03.01.A.c.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
(LDC) FOR PROPERTY LOCATED ON KEEWAYDIN ISLAND IN SECTION 14,
TOWNSHIP 51 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Petition: CU-2006-AR-10925, Basil Street Partners, LLC,
represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson &
Johnson, LLP, is requesting a Conditional Use of the Agricultural
(A) Zoning District, with a Special Treatment Overlay (ST), as
specified in Section 2.03.01.A.c.20 of the Collier County Land
Development Code (LDC) , for a beach access facility. The subject
property, consisting of 4.32 acres, is located at 10111 and 10121
Keewaydin Island, in Section 14, Township 51 South, Range 25 East,
Collier County, Florida.
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.
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,
",~..-"t------~-_..^~,~.."~-_.,~,.~...~,;..,.~.,~,-_.....""_.____~...".~__.c.,_~.._"v>,..,"""_.~~,..,~..,...,_
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which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a 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
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
'.r~.'
Dwight E. Brock
Clerk of Courts
'e~~ty-ortollier
',l,.-'" .
CLERK OF THE C~RCt!IT COURT
COLLIER COUNTY tOURTHOUSE
3301 TAMIAMI ~A[L EAST
PO. BOX 413044
NAPLES, FlORlDA3410l-3044
:t :
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7. ,..-H'"
It,
I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 14,2009
Clay Brooker, Esquire
Cheffy, Passidomo, Wilson, & Johnson, LLP
821 Fifth Ave. S., Suite 201
Naples, FL 34102
Re: Petition CU-2006-AR-I0925:
Keewaydin Island Naples Bay Resort Beach Shelter
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, February 10,2009, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 25, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
Dwight E. Brock
Clerk of Courts
(~e~~tY:prC'~llier
CLERK OF THE L'1RCUIT COURT
COLLIER COUNTY tOURllHOUSE
i
3301 TAMIAMI~AIL EAST
PO. BOX 4\3044 .
NAPLES, FLORIDA'~4I01-3044
117Ai
1 ~.,
"1"t<
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 14, 2009
Basil Street Partners, LLC
365 Fifth Avenue South
Suite 2
Naples, FL 34102
Re: Petition CU-2006-AR-I0925:
Keewaydin Island Naples Bay Resort Beach Shelter
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board 0 Zoning Appeals, on
Tuesday, February 10, 2009, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 25, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.colliercIerk.com Email: coIliercIerk@colliercIerk.com
'--"-~---~---,---"------------'-----'--'---"--------- ---..---
Page 1 of 1
"7 A '
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, January 15, 2009 2:59 PM
To: 'Iegals@naplesnews.com'
Subject: CU-2006-AR-10925 - Keewaydin Island Naples Bay Resort Beach
Attachments: CU-2006-AR-10925 (1 ).doc; CU-2006-AR-10925 (1 ).doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
( marthi'l.YeI9ilril@Collierclerk.c:om)
1/15/2009
-""--'--~"-"-r--.'----'~"'-'----'''''.'''~'-~'''--'-'''''-~~~'.'--"
~7Aj.
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Thursday. January 15, 2009 2:59 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT289997.txt; CU-2006-AR-10925 - Keewaydin Island Naples Bay Resort Beach
[J'-
>^".'
-
lS2]
ATf289997.txt CU-2006-AR-l0925
(231 B) - Keewaydin I...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
..-----.....--.....-.'.---.-----,.----------
J7',e 1 ,Of 1
Ai
It
Martha S. Vergara
From: Pagan. Emely [EPagan@Naplesnews.com]
Sent: Thursday. January 15, 2009 4:06 PM
To: Martha S. Vergara
Subject: RE: CU-2006-AR-10925 - Keewaydin Island Naples Bay Resort Beach
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Thursday, January 15, 2009 2:59 PM
Posted To: Legals - NDN
Conversation: CU-2006-AR-I0925 - Keewaydin Island Naples Bay Resort Beach
Subject: CU-2006-AR-I0925 - Keewaydin Island Naples Bay Resort Beach
Legal"s,
Here is an Ad to be placed,
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(rng[l:ha. vergaJa@colliercler~ccQm)
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.
1/15/2009
., ^^'. .. .-.---. ..^--.r"-.-----------."~-~_.._-~.~.._<-.-w~-^"--.-"----'~-_. -,,~. .._-,,',
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
!it
UASASE,jpg (89 KB)
of 4
Pagan. Emely [EPagan@Naplesnew5,com]
Thursday. January 15. 2009 5:09 PM
Martha S, Vergara
Ad Confirmation
UASA5E,jpg
Thank you for
Date
Publication
Account Number
Ad Number
Total Ad Cost
placing your ad.
01/15/09
NDN
744102
1769915
$431.66
1
'.'l..'--'-'-'-.'-~--_.."-~~~"----'"
.
7 A "'r"
Naples Daily News
Naples, FL 34102
"'7 a ~f
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59554000
4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
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, 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 refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 01/25 01/25
AD SPACE:
FILED ON:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r ~ -_- - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant ~ YVl Y2 ()
_ -1ifc~) daY"ofC)lLUelrr 2c(2L
(J.. (I i ~,on ~(l f('t
,-'i::",' .;;;c.. CHANEL 1\. MCDONALl>
[,.' &it ',;\ Commission DD 650475
;~i.'~;~i Expires June 29, 2011
;f,.'i'f,.':~",. BondeoThruTroyFaonlnsuraoceSOO.385_701ll
Sworn to and Subscri ed before me this
Personally known by me
/)/ ('
C. )(( Il( ,.
"7 A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, February 10,
2009 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 PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE IN THE AGRICULTURE (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO
ALLOW RECREATIONAL FACILITIES PURSUANT TO SECTION
2.03.01.A.c.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
(LDC) FOR PROPERTY LOCATED ON KEEWAYDIN ISLAND IN SECTION 14,
TOWNSHIP 51 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Petition: CU-2006-AR-10925, Basil Street Partners, LLC,
represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson &
Johnson, LLP, is requesting a Conditional Use of the Agricultural
(A) Zoning District, with a Special Treatment Overlay (ST), as
specified in Section 2.03.01.A.c.20 of the Collier County Land
Development Code (LDC) , for a beach access facility. The subject
property, consisting of 4.32 acres, is located at 10111 and 10121
Keewaydin Island, in Section 14, Township 51 South, Range 25 East,
Collier County, Florida.
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.
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,
"7 :1 ~. i
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a 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
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
NOTICE OF PUBLIC HEARING
Notice Is hereby given that the BOard of County
Commissioners of Collier County will hold a public
hearing on Tuesday, February 10,2009 In the Board-
room, 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 fol.
lows:
A RESOLUTIQN OF THE BOARD OF ZONING Ap.
PEALS PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE IN THE AGRICULTURE (A) Z 0
NING D.ISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY TO ALLOW RECREATIONAL FACILITIES
PURSUANT TO SECTION 2.03.01.A.c.20 OF THE COL-
LIER COUNTY LAND DEVELOPMENT CODE ( L DC)
FOR PROPERTY LOCATED ON KEEWAYDIN ISLAND IN
SECTION 14. TOWNSHIP 51 SOUTH, RANGE 25 EAST.
COLLIER COUNTY, FLORIDA.
Petition: CU-20Q6-AR-I0925, Basil Street Partners,
LLC. represented by Clay Brooker. Esq., of Cheffy.
Passidomo, Wilson &. Johnson, lLP,Is requesting a
Conditional Use of the Agricultural (A) Zoning Dis-
trict. with a Special Treatment Overlay (ST). as
specified in Section 2.03.01.A,c.20 of the Collier
County Land Development Code (LDC), for a beach
access facility. The subject property, consisting of
4.32 acres. is located at 10Ul and 10121 Keewaydin
Island, inSection 14, TQwnship 51 South, Range 25
East, Colller County, Florida,
NOTE: All Persons wishing to speak on any
agenda Item must reg'lster with the County Adlnin-
istrator 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 indi-
vidual to speak on behalf of an organizat"lon or
group is encouraged. If recognized by the Chair. a
spokesperson for a group or organization may be
allotted 10 minutes to speal< on an item.
Persons wishing to have written or grapl1ic ma-
terials 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 11ear.
ing. All material used in pl'esentat"lons before the
Board will become a permanent part of the record.
Any person who decides to appeal a dl';!cision of
the Board wlIl need a record of the proceedings
pertaining thereto <\nd therefore, may need to en-
sure 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 i:\ person With a disability who needs
any accommodation in order to participate in this
proceeding. you are entitled. at no cost to you. to
tl1e provision of certain assistance. Please contact
the Collier County Facilities Mana\)ement Depart-
ment. located at 3301 Tamiami Trail East, Building
W, Naples, Florida 34112. (239)252-8380. Assisted lis.
tening devices for the hearing lmpalred are avaIl-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING M>PEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Martha vergara. Deputy Clerk
(SEAL)
January 25 No. 1769918
"7A
''''''7 A h'lf
Martha S. Vergara
From:
Sent:
To:
Subject:
registration@kaango.com
Saturday. January 24, 2009 9:20 PM
Martha S. Vergara
Your Ad is Live Online in the Naples Daily News Market
Your ad, NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County
Commissioners of Collier County will hold a public hearing on Tuesday February 10 2009 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 PROVIDING
FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE AGRICULTURE (A) ZONING DISTRICT WITH A
SPECIAL TREATMENT (ST) OVERLAY TO ALLOW RECREATIONAL FACILITIES PURSUANT TO SECTION
2.03.01.A.c.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR PROPERTY LOCATED ON
KEEWAYDIN ISLAND IN SECTION 14 TOWNSHIP 51 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA.
petition: CU~2006-AR-I0925 Basil Street Partners LLC represented by Clay Brooker Esq. of
Cheffy Passidomo Wilson &i Johnson LLP is requesting a Conditional Use of the
Agricultural (A) Zoning District with a Special Treatment Overlay (ST) as specified in
Section 2.03.01.A.c.20 of the Collier County Land Development Code (LDC) for a beach
access facility. The subject property consisting of 4.32 acres is located at 10111 and
10121 Keewaydin Island in Section 14 Township 51 South Range 25 East Collier County
Florida. 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. 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 a 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 I Office. BOARD OF COUNTY COMMISSIONERS BOARD OF
ZONING APPEALS COLLIER COU NTY FLORIDA DONNA FIALA CHAIRMAN DWIGHT E. BROCK CLERK By'
Martha Vergara Deputy Clerk (SEAL) January 25 No. 1769918 ,in the Naples Daily News has
been posted online in our marketplace!
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1
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f;ee\U1~Iy) Islarrl Naples &f
~6~
FW: Keewaydin
Page 2 of3
7A
From: mudd-.J
Sent: Fri 1/30/2009 11: 50 AM
To: bodinejudi
Cc: brock_m; ochs_l; pui9-.J; IstenesSusan
Subject: FW: Keewaydin
-----Original Message-----
From: KlatzkowJeff
Sent: Friday, January 30. 2009 II :29 AM
To: mudd~
Cc: SclunittJoseph; Williams Steven
Subject: FW: Keewaydin
Importance: High
Jim:
I called Tony Pires this moming to ask him whether he intended to submit a packet on this item (which he did the last
time this went to the Board). During this conversation he raised several issues with respect to the legal ad that was
published. 1 asked him to forward it to me, which he did.
We have a notice issue with respect to Keewaydin (and maybe other projects as well). Attached is the IS day ad that
was placed (I blew up the relevant portion of the page). Mr. Pires tells me it ran exactly 15 days prior to the noticed hearing.
which is fine. The issue is that the notice provides that "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." This is an
impossibility.
As an aside, the notice also says individual speaker get 5 minutes. We need to amend this to 3.
Another issue raised by Mr. Pires is whether the neighboring land owners (there are only a handful) received notice of
this hearing.
Please call me when you have a minute.
Jeffrey A. Klatzkow
County Attorney
(239) 252-8400
-m-Original Messagemn
From: Anthony Pires [mai1tQ:APires@wpl-IezaL"ornJ
Sent: Friday, January 30, 2009 11:01 AM
To: KlatzkowJeff
Subject: FW: Keewaydin
Importance: High
Jeff, please see the attached legal ad. I may challenge the hearing and the application on procedural grounds as well as on
substantive issues but in any event I am planning on submitting materials no later than next Thursday, February 9, 2009.
2/2/2009
FW: Keewaydin
Page 3 of3
7A' .t'"
Anthony P. Pires. If.
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-Iegal.com
This transmittal and/or attaclunents 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.
2/2/2009
FW: Keewaydin
Page 1 of3
71
Ann P. Jennejohn
From: RamirezHeather [HeatherRamirez@coiliergov.net]
Sent: Monday, February 02, 2009 7:29 AM
To: Patricia L. Morgan; Ann P. Jennejohn; Martha S. Vergara
Subject: FW: Keewaydin
Can you help me with the cmail bclow'.' They arc asking if any propcrty owner lettcrs have gonc out for
the 2 BCC advertisemcnts we did on this project. CU-2008-AR-l 0925, Keewaydin Island. Also, if you
do have proof ofthe lettcr going out can you provide me with copies.
Heather I.. RamIrez
Planning [echnlcian
From: IstenesSusan
Sent: Friday, January 30, 2009 2:03 PM
To: mudd-.J; bodinejudi; SchmittJoseph
Ce: brock_m; ochs_l; pui9-.J; Smith_g; beilows_r; RamirezHeather
Subject: RE: Keewaydin
Joe:
Its not entirely clear to me what the issue is based on the email below.
The ad met the time frame according to Jeff so that's not an issue.
The ad as noted is the standard ad that has been published for probably the last 8 years. Is there something now
that changed that makes it incorrect? If so, what?
I don't know why it is an impossibility to submit written or graphic materials to be included in the Board agenda
package 3 weeks in advance - Jeff doesn't say - can that get clarified? This is a Board adopted policy - not
staffs.. I wiil double check to ensure that policy did not get adopted in the LDC - offhand I don't think it did so if
the Board doesn't want to abide by this anymore or we can't operationaily do it anymore. than we can remove the
language from the ad but again I'm not sure why this makes it erroneous. as Jeff implies, after ail this time.
My understanding was the speaker time limit was up to the chair - 5 minutes had always been standard with the
chair's option to go to less. I've seen them waiver anywhere between 3-10 minutes. If 3 minutes is the standard
time now then no problem. For this project, if we can't/don't readvertise I suggest the Chair ailow 5 minutes since
that was what was published and I will assume Jeff wiil probabiy teil you to do the same thing but that is a legal
decision so he needs teil us.
1'i1 have Heather ensure the mail notification went out - I believe we still receive written affidavit from the mailing
service. Does Mr. Pires have any proof that the mail outs didn't go out? If so, what is it and can we have a copy?
I can fix anything you want but I need the answers above. Quite frankly Jeff's staff should redraft the standard
ads, review it and then give it to us for publishing. They are in charge of making sure the content of the ads are
legaily sufficient - we make sure they get published on time and the notifications get mailed out.
Just please teil me what you want me to do.
Thanks, Susan
2/2/2009
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7A
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--.--' '-; '-'
EMAILS SENT ON
FEB. 3, 2009
Page 1 01'1
t 7 A -tQC<
Anthony Pires
From:
Sent:
To:
Anthony Pires
Tuesday, February 03, 20092:16 PM
'RamirezHeather'
Cc: IstenesSusan; MossJohndavid; 'KlatzkowJeff'; 'Schmitt. Joe'; tiala_d; HalasFrank; 'henning_t';
JimColetta@colliergov.net; mudd~; 'FredCoyle@colliergov.net'
Subject: RE: LETTER NOTICES FOR BCC/BZA HEARING ON FEBRUARY 10, 2009 RE: CU-2006-AR-10925, Basil
Street Partners. LLC
Importance: High
Allachments: Request for Continuance 1 (executed).pdf; Scan001.pdf
On behalf of my clients who have appeared at the many hearings on this matter [when this item was not
"stale" or inordinately delayed], and where there has been no activity with Collier County as to this
application for over one year, where the Applicant still does not have a complete submittal into FDEP; it is
outrageous and objectionable that in this case, an item originally scheduled for the September 25, 2007
BCC Agenda, where the Applicant requested a continuance on August 7,2007 until March 25, 2008, is
scheduled for consideration on February 10, 2009, 17 months after originally scheduled, with no notice other
than a legal ad in the paper on January 25, 2009.
It is also objectionable that this item has been scheduled without another Neighborhood Information Meeting
[NIM] being held and without this Petition going back before the EAC and CCPC.
Attached is a copy of the original continuance request as well as a copy of a letter from FDEP in April 2008
that the Applicant sent to Collier County. John David Moss confirmed that that letter from FDEP is the only
correspondence in the file between July 10, 2007 and January 30, 2009.
Further objections of both procedural and substantive nature will be forthcoming.
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. [I' you arc not the intended recipient. YOll arc 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
LIS at 239-649-6555) and immediately delete this message and all its attachments.
2/4/2009
~ 7 A -Cf2.j
Anthony Pires
From:
Sent:
To:
Subject:
Anthony Pires
Tuesday, February 03, 2009 5:22 PM
'MossJohndavid'; 'lstenesSusan'; 'Schmitt, Joe'; 'muddj'
FW: BCC/BZA HEARING ON FEBRUARY 10, 2009 RE: CU-2006-AR-10925, Basil Street
Partners. LLC; NIM
Attachments:
Scan001.PDF
m
ScanOO1.PDF (378
KB)
-----Original Messagemn
From: Anthony Pires
Sent: Tuesday, February 03,20095:19 PM
To: 'KlatzkowJeff'
Subject: RE:BCC/BZA HEARING ON FEBRUARY 10, 2009 RE: CU-2006-AR-10925, Basil Street
Partners, LLC; NIM
Jeff, please see page 42 regarding the requirement for a further NIM in this case.
I will be asserting this as an additional basis why the petition should not be considered next week.
based upon the provisions of
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-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 239-649-6555) and immediately
delete this message and all its attachments.
m--Original Messagemn
From: DO_NOT _REPL Y@wpl.local [mailto:DO_NOT _REPLY@wpl.local]
Sent: Tuesday, February 03,20095:15 PM
To: Anthony Pires
1
Subject: Scan from a Xerox WorkCentre Pro
t 7A -{p., i
Please open the attached document.
Sent by: Guest [DO_NOT _REPL Y@wpl.local]
Number of Images: 11
Attachment File Type: PDF
WorkCentre Pro Location: copy work room
Device Name: WCP255
If you have any questions, please contact: 239-649-6555
2
ORDINANCE NO. 07--..9L-
AN ORDINANCE OF THE BOARD OF COUNTY
COMIIISSlOHERS OF COWER COUNTY, FLORIDA.
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT COOE,
WHICH INClUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA. BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION "OlREE. ADOPTION OF AMENDMENTS
TO "OlE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING "OlE FOLLOWING: CHAPTER
1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01
ABBREVIATIONS, SECTION 1.01.02 DEFINIl10NS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS,
SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.03.01 RURAL FRINGE ZONING DISTRICTS,
SECTION 2.05.01 DENSITY STANDARDS AND HOUSING
TYPES: CHAPTER 3 - RESOURCE PROTECTION,
INCLUDING SECTION 3.03.02 APPUCABlUTY, 3.05.10
LITTORAL SHELF PLANTING AREA: CHAPTER 4 - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DlMENIIONAL ST ANOARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS, 4.02.03
SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY
BUILDINGS AND STRUCTURES, SECTION 4.05.02
BUFFER REQUIREMENTS, SECTION 4.05.05 GENERAL
LANDSCAPING REQUIREMENTS: CHAPTER I
SUPPLEMENTAL STANDARDS, INCLUDING SECTION
5.oa.OI ARCHITECTURAL AND SITE DESIGN
STANDARDS, SECTION 5.05.02 PERlllTTED SIGNS,
SECTION 1.01.04 SIGN STANDARDS FOR SPECIFIC
SITUATIONS; CHAPTER I INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBUC FACILITIES
REQUIREMENTS, INCLUDING SECTION 5.05.01
STOR_ATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 1.011.02 SEAWALLS AND
BULKHEADS; CHAPTER 10 - APPLICATION, REVIEW.
AND DECISION.-AKING PROCEDURES, INCLUDING,
SECTION 10.02.02 SUBIIITTAL REQUIREMENTS FOR ALL
APPLICATIONS. 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPIIENT PLANs, SECTION 10.02.04
SUBMITTAL ReQUIRIIENTS FOR PLATS, SECTION
10.02.05 SUBMITTAL REQUIREMENTS FOR
IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERIIITS, SECllON 10.03.05
NOllCE REQUIREMENTS FOR PUBLIC HEARINGS
BEFORE "OlE sec, THE PLANNING COMMISSION, THE
BOARD OF ZONING APPEALS, THE EAC AND "OlE
HISTORIC PRESERVATION BOARD, SECTION 10.04.03
APPLICATIONS SUBJECT TO TYPE II REVIEW, SECTION
10.04.04 APPLlCA TIOHS SUBJECT TO TYPE IH REVIEW;
SECllON FOUR, CONFLICT AND SEVERABIUTY;
SECTION FIVE, PUBUCAllON AS THE COWER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Reel.....
WHEREAS. on October 30. 1991, the Collier County
Board of County Commilllioners adopted Ordinance No. 91-
102. the Collier County Land De.....lopmenl Code (hereinaftar
LOC), which was subsequently amended; and
Page I of 48
Wolds SlfUsk Ih:ISligh are deleted, words ~ are added
~ ~..
%
0
., ~
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....,
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,
7 A -0<
7 A -U~j
latest tax rolls of Collier County and any _ P8l'On$ or entities who
have made a fannal request of !he county to be noOfied.
For all oefitions 8XC8Dt fof' arnatt-scale or other site-5D8Cific amendments
10 the comcrehensive ~an for r:e, sub;ect propertjeI; located within dress
of the future land use element of the growth management plan that are
not designated urban. all of !he foregoing notice requirements apply.
except that written notification must be sent to .U property owners wlth~n
1.000 linear feet of Ihe subject property For the purpo... of thIS
reqWement. the nam.. and .ddre.... of property ownet1I oh.1I be
de<<ned those appearing on the _ tax roIlo 01 Collier County and any
other peroons or _ who have fonnally requested the county to be
notified.
For small-acale and other site-soecifjc cornorehensiwt olan amendments
the Dllll'lnina commiuiM (local oIannina aaencv) aMi hokj advertised
oubie hearina(s' on the DroDDSed ordinance or resolution as aDOlicabfe
DUl"IUant to reauirements of Chanter 163 Florida Statutes
-t.O:. 12 For aM DAtitiorut. exCBot for Bm8IJ..ClrSl~ or other stte-SDeCific amendments
to Ihe comDnlhonsive D1an notice _ of !he lime .nd place of the
public hearing by !he board of county commiasioners shaN be __
in a n....paper of generlll circulation in the county at least one time at
Ie.st 15 days prior to Ihe public he.ring.
H., a The cIefIt to the board of cotJnty commissioners shall notify by mail each
..... property owner _ land Is subject to rezoning. or PUD
amendment. and whose addr.... is known by reference to the latest ed
valorem tax records. The notice shall state the subetance of the proposed
ordinance or resolution. Such notice sha. be given at least 15 days prior
to lha date sat for lha public hearing, and. copy of such notices shall be
kept available for public inspection during lha regular busl_s hours of
the cieri< 10 !he board of county commissioners.
11,1.1.
12.
~ For amalHcale and other site-soecific comorehensive Dlan amendments.
the board of county commi88ionera shall hok:I adwIrtiMd DUbUc heanno(s)
on the orooosed ordinance or l1!tSO.Iution as amfiaoomhIA DUrSuant to
reo_ of ChaIlI8r 163 Florida Statutes
~ ~For all_ _no lha '1M board of county commissioners shaH hold
one advertised public haaring on !he proposed ordinance and may, upon
!he conclusion of the hearing. immediately adopt the ordinance or
resolution.
F. Public participation requirement. for small-scale or other site-specifIC
COI7IpI9/Iensive plan emendment., rezoning.. PUD amendment..
conditioneJ u..... Mixed Use ProJect. iMUPsI. veriances. 8F Ill!!1. parl<ing
exemptions.
1. Appllco.... requesting a small-scale or other s~e.specific
comprehensive ptan amendment. rezoning, PUO amendment,
mixed use oroied anoroval or conditional use approval must
conduct at "'ast one NaighborhOOd Infonnationel ~ng ("'NIM")
after initial staff review and comment on the apptlcation have been
Drovided or after notification of application sufficiency for a small-
scate Of other S;1e-8pecific comprehensive plan amendment, GAG
before the Pubtlc Hearing is ..sillll" 'Nith the Planning
Commission or Board of County Commtssfon&ra .clina as the
Board of Zonina ADceals.
i.. For a small~scale amendment, the NIM i. required prior to
lha CCPC adoption heanng. For other Site-specific
comprehensive ptan amendment., the NlM i8 required
prior to the Planning Commission transmittal hearing. A
second NIM for a .~e specific comprehensive plan
amendment, to be held prior to the Planning Commission
adoption hearing, ..wI only be required it, as determined by
staff, a substantial change has occurred to the proposed
amendment subsequent to fhe Soard of County
Page 40 of 48
Words ~8'tt6Ii th. DtIf:t-. arc deleted. words ~ are added
7 A -Qti
~
Commissioners transmittal hearing.
b. In the case of a Mixed Use Proiect aODlicalion after initiaJ
staff review and comment on the aDDUcation haye been
omvided a NIU shall be conducted ooor to the first Dublic
i:!H!i!!ll
For aft other appbcattonl, the appropliate number of staff
reviewo of the application returned befote the NIM can be
hekf wiN be at the discretion of the County Manager Of hrs
designee. only in cases where one or two pending reV1eW8
are unnecessarily hindering the appl..,.nt from presenbng
the proposal to the public.
Written notice of the meeting 8~a. iiMt BlAt te all pFeJl8"Y ewF'l8re
JJA. aN Ft~ll1i,." Ie FeBlt 8 18,.1 "8tif.iS8li8R frBm ~. GeYAt\-'
pt:t"wMl Ie IUtiUR 1Q.Qa.0i.9.8. er 1. tJetifie8ti8R shall be sent
to all orooerlv owners within 500 feet of the orooertv ~nes of the
land for which the amendment to zoninCl ia souoht. The 500 foot
el_ shaU be manum from the bound...... of the entire
_hiD or PUO. For llf1Xl8Ilies locaIecl within are.. of the
future land: UM m.menl rA the arowth m.~nt clan that are
not dnkmated U"ban. the foreaoina notice rIIOIJirementa aDDlv
eltl'.Al'Jt that writtan notification must be sent to ad Dtooertv owners
within 1 000 linear feet rA the subiect DI"ODIIrtv For the DUI"I"lI'MtAa
of thil reauirement the names and addre--- of orooertv owners
shaH be deemed thou ~~arina on the latellt tax roll. of Collier
Countv. Thlt aDDlicant shall DrOvidIt 'M'ittan notice of the
Neiahborhood Infonnation Meetina lNIM1 .~all al.8 be 88R1 to
property owners, condominium and civic associations whose
memllenl ... ffiIX.Il!I impacled by the propose<lland use changes
and wl10 have IormeUy requestecl the county to be nolilled.
I<c
L..-J\ list of such Ofll8nization. must be provided and
maintained by the county, but the Ippll.:.nt must bear !he
responsibility of Insuring that all parties are notified. A copy
of the list of .. perties noliC>Kl as requtred above, and the
date. time. and Io<:alion of the meeting, must be furnished
to the County Man_ or _ignee and the otlice of the
IlIioard of ekounty e!,;.ommiuioners no leu then !en days
prior to the scheduled elate of the neighborhOO<l
infonnation meeting.
L- The applicant must m_ arrangements for the location of
the meeting. The location must be reasonably convenient
to those property owners who are required to receive
notice and the facjlities must be of suffICient size to
accommoclate expecte<l attendance. The appl""nt must
further cause a elisptay advertisement. one-fourth page, in
type no smaller than 12 point. and must not be placed in
that portion of the newspaper where legal notices and
classified advertisements appear. stating the purpose.
locahon. time of !he meeting and legible site location map
of the property for which the zoning change is being
requested The advertisement 18 to be ptace<l within a
newspaper of general circwation in the county at least
seven days prior to, but REI alii SAar !1Qt1Ibtr than five days
before. the NeighborhOO<l Infonnational Meeting ili!Ml.
The Collier County staff planner aSSlgned to anend the
pre..pptication meeting, or clesignee. must also anend the
neighbomOO<l informational meeting and shall serve as the
facilitator of the meeting,; however. the applicant IS
expected to make a presentation of how it intends to
davelop the subject property. The applicant is required 10
audio Of vtdeo tape the prOceedings of the meeting and to
pro\lide a copy of same to the County Manager or
designee
Page 41 of 43
Words !ltfu~[ mro~ are deleted, words ~ are added
J c. As a resuh of mandated meetings wtth the public:, any
- commitments made by the applicant shaH be reduced to
wnting and made a part of the record of the proceedings
provided to the fill.RRiA. &8F'1. ieeB Zonina and Land
Deyslooment Review department These written
commitments will be made a part of the staff report to the
countys appropriate review and approval bodies and made
a part of the consideration for indullOO in the conditions of
approval of any applicable devel_nt 0_'.
d. In cases where the aoolicant's oelition activltv extends
beyond one vear from the date that the last Neiahborhood
Information Meetina lNIMl was held a second NIM will be
conducted with adherence to aM notffication ..mg
advertisino reaullwd for the initial O'leetifl(] This
reauirement does not aom to site--soecffic comorehenstve
clan amendments.
3. Any applicant requesting variance approval or par1<ing exemplion
approval must provide documentatkln to the ~laARiAI laNi;sl
"'.paRmaN Communitv Plannina Coordinator indicating that
property owners within 150 faet of the subfacl site have been
advised of the extent and nature of the variance or parkjng
exemption requested wilIlin 30 days of receipl of a letter indicating
that the application is sufficient.
4. Where it has been determined that there is a property owner,
functioning condominium or civic ast:ocietion which has made
formal request of the county to be so notified, then the appllUint
must provide written documentation to the planAiAg QeFi "Bel
~.pa.....Rt: Communitv Plannina Coordinator incficating that such
property owner or organization has also been nottfied concerning
the extent and nature of the variance or parking exemption
requested, The .,111"..... fAwlt pFQJi~8 a .dln a88Bl:lAl at t~.
Feluk eI IU. Astin aRe shllt I..ta",it: !lAY an. all 'JJRKsR
8B",mwni9Eltiene tEl ... pISAAiA, 8IP 1GII "epSftM8At. t list of
property owners, homeowner or condominium associations
notified and any other written communications must be submitted
to the p~RAiFlg S8Fi lee. ;epaRRleRt CommunitY P1annina
Coordinator at leaot two weeks prior to the scheduled dale of the
first advertised public hearing. The app&lcant sAaU .IIWi! provide a
written account of the resurt of such notice and shall submit any
and all Wlitten communtcations to the ~F1iRg aAe baAS
QEr.8lapmeRt Rtf.ia.. t1apSRmBN: CommunitY Plannina
Coordinator.
G. Notice and public hearing requirements where proposed resolution by the
board of county commissioners would approve a mixed use proJect.
(MUP) localed in a mixed use distJict overtay. In cases in which the
applicant requests approval of a mixed use prOJacl (MUP) under Ihe
provision. of a mixed use district overfay, with or without requested
allocation of bonus density units. where applICable, the mixed Uge project
shall be considered for approval pursuant to tho following publIC nnbce
and hearing requirements by the board of county commissione~.
1. The olanntna commission shall hokf one advertised Dubhe
hearina Notice of the time and a/ace of the Dublic hearina by the
oIannina commission shalf be advertised in a newsoaoer of
oeneral circulation in the countv at least one time at least 15 davs
OriOl to the date of the Dublic hearino.
+: ~ The board of county commissioners shall hokj one advertised
pubJfc hearing. The public heanng shall be held at least 15 days
after the day that an advertisement 18 published in a newspaper of
Page 42 of 48
Words ~ are deJ~, words !!Il!kr~are added
7 A-c{(:
7 A-c~
general paid ci=lation In the county and of general IIlteresl and
readership in the community.
~ ~ Aoolicants f80lIestina a MUP 8DDfoval must conduct f\@t ~ast one
Neighborhood Infonnational Meeting (NIM) shall M S8R~W6tl iii by
tRe .pli_ t (in conjunction with the overllY area advisory board,
wI1enI suc;l1 advisory board aXlata) after initial ataft review and
comment on the aDoHcatjon snd before the public hearing by the
laeaN 8f fliOUAty &GFRAlllli8R8Fe olannino commission. Written
noti<:e 01 the meeting _ be sent by applicant to aU prnperty
owners who are required to receive legal notification from the
County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A
Collier County stoll plan_. or dosig_. muot also attend the
neighborhood informational meeting; __. the applicant is
required to make the presentation on the development p'an of the
subject property.
;0, ~ The applicant shall further cause a display advertisement. one-
fourth page. in type no smaller than 12 point; which shall not be
placed In that portion 01 the newspaper whenl legal _ and
d_ advertisements a_. The ad shall be published no
later than 7 dayo prior to the date 01 the neighborhood
informational meeting. The ad shall atate the PUfllOee. location.
and time 01 meeting. and shall display a legible sito location map
of the property for which the mixed use project _oval is being
requested.
4, ~ The applicant ahall pool the subject property with an outdoor sign
at leut ten days prior 10 the date of the public healing before the
8GG Dlannina commission. The sign to be posted shaJl contain
substantially the following language and the sign'a copy shall
utilize the total area 01 the sign;
a. PUBLIC HEARING REQUESTING APPROVAL OF A
MIXED USE PROJECT
TO PERMIT: (Name 01 Project)
(Number 01 acrea)
DATE;
TIME;
ALL OF THE ABOVE ro BE HELD IN COMMISSIONERS
MEETING ROOM. COlliER COUNTY GOVERNMENT CENTER,
HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL,
NAPLES. Fl34112.
s, 1. The area of the sign shel be eo prollided In section 10.03.05
a.3.d. 01 this Coda.
7-, It Gnteria for Mixed Use Project Approval
The foflowing crrteria must be met in order to gain approval for
mixed use projects developed in accordance w;th provIsions of a
mixed use overtay.
8. No less than sixty percent of all commerdal uses wdhin a
mixed use projecl shall provide retad. office and personal
service uses to serve the needs of the subject project and
surrounding residential neighborhoodl.
b No more than 25 percent of the residentlsl units within a
mixed use project shad be on gated roadwa)'s_ Residential
uses shall be constructed concurrent with, or pnor to the
Page 4.1 of 48
Words ~~ are cklered, w()rw ~are added
7 A-cP\;
construction of cDmmerc~1 uses so as to insure actuaJ
devetopment of a mixed use project.
c. Mbced use projects shall connect to 10ca4 streets. adjoming
netghborhoods and adjacent developments. regardless of
land use types. A grid pattern is u....,1y the basis for the
transportat,on nelworlt. Whatever the pettem of the
vehiWar netwonc:. internal interconnections between uses
and external connecti0n8 between adjoining
netghborhoodll and land uses shan be provided for
pedfttrian, bicycle and other modea of alternate
tran8~on
d. The commercial component of a mixed use project may be
located intemal to the ptOjed or elong the boundary; ~
externally located. internal acceaa roads and service
access shaH be provided so as not to promote amp
commercial development along external collector and
arttlf1al road_va.
o. Par1<ing Ioto shaH be disperaac:t throughout the project No
one pad<ing lot shaH provide more than 40 percent of the
required ofI8fr8el patlUng. Part<ing g_ shall have no
reatridiono on percentage of required parf<ing thai
may be accommod_; however. commercial uses only
shall be permitted on the ground floor. This requirement
shall not apply to individual (Mrcet. IeH than 5 ac:roa in
size.
f. A1losat 30 poreent of the grooa area of mixed use projects
shaN be devoted to usaabte open space. as defined in
section 4.02.01 8. of this Code. Thie requirement shaH not
apply to individual part:elo Ies8 than 5 ocr.. in size.
SUBSECTION 3.)(.
AMENDMENTS TO SECTION 10.IW.D3 APPLICATION SUBJECT TO
TYPE n REVIEW
Section 10.04.03 Application BYbjed to Type II Reviaw. of Ordinance ~1. as
amanded, tho Collier County Land Development Code. is hereby amended to read as
fOllows;
10.04.03 Applications Subject fD Ty,,", II R.,,_
The following applications are subject to Type II review: FiA.1 Plelll; conditionei
use Permits; Rezoning; LDC Taxt Amendments; GMP Amendments; and
small-scele de\ielopment Amendments.
For a graphic depiction of the review procedute, please see Illustration
10.04.03 A
Page 44 of 48
Words SlFU8I: thf:elfgR are deleted, words ~ are added
,
7 A -cJ2.
.......0 iJ
~"""ft:~~
~__:UDeftXT
.............;-~:
~8ClIoLA~_~
n~.."'TIONOF""""TlI:IoI5fN'F
~.AKl~TIC>>l8
1'YPII 0
---
~lafUT_
~-.........
--
~
---~-
-
Page 45 of 48
Words struek ihrSYP are deleted, word5 ~ are added
7A~
SUBSECTION 3.Y.
AMENDII!NTS TO SECTION 10.04.04 APPlICATIONS SUBJECT TO
TYPE III REVIEW
Section 10.04.04 Applicalionl Subject to Type III Reyiew. of OrtlinaD<41 04-41. as
amended. the Collier County Land Development Code, is hereby amended to read as
follows:
10.04.0.4 Appllc.sll..... Subject to Type I" Review
The foltow6ng applications are subted to Type III review: Variances;
Admlnistratille Appeals; Certificates of Appropriate"",,"; conditional.....;
nonconfonnlng Use Amendments; Veiled Rights; ftood Variances; PlIIklng
Agreements; and PJelimiRar; PkM.
For a graphic depiction of the reVIeW procedure. please see Illustration
10.04.04 A.
.--.
--~
-- ---
-----
----
--
~1_'_0l'
"'-l'.-'o.""
~f'gIF<:#
--
--;'....~~o J
--
i- .....1
Page 46 of 48
Words.'llfusi Uwalil!;h arc deleted, words ~~ arc added
':7,:a -LA
TYPIIIU
""~~.".,.............
~fttJI....-~~~
~----.....
~~_..--..
-...~~
~_.
SECTION FOUR:
CONFUCT AND SEVERABtUTY
In the event this Ordinence conflids with eny other Ordinance 01 Collier County
or other applicab. law, the more restrictive shaH apply. If any phras. or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such
portion shall be deemed a separate, distinct and independent provision and such holding
Section not lIffect the validity of the remaining portion.
SECTION FIVE:
INCLUSION IN THE COLUER COUNTY LAND DEVELOPMENT
CODE
The pIQIIisions 01 this Ordinance shall become and be made a part of the Land
Qeveiopment Code 01 Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered fa accomplish such, and the word "ordinance" may be
changed to "section," "artide," or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
ThIS Ordinance shall become effeclJve upon filing with the Flonda Department 01
Slate, Tallahassee, Florida; WIth Ihe exception that amendments to section 6.0501, as
proposed in subsedion 3.P. of this ordinance shall become effective on Juty 1, 2008.
Page 47 of 4&
Words aR'\tuli th 8ttj!';A are deleted. words yruJ~ are added
7A~
PASSED AND DULY ADOPTED by the Board of COUnty Commissioners 01 Collier
County, FloridoI. lIUI 24lh day of October. 2007
ArrEST:. ., '.>!:.t.; ~
DW1GI:P.'~: BR"",,-.U:RK .
~ '~.
..,~
~".."".'.':J
~ -;.' ,.
. ': ',...:;.
.' "~ .
Ii . . '. ..
_ .1..,' ~
IttNW't .1" ..
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ByM~~
JAMal'N. COLETTA. JR. CHAIRMAN
III to form and
Page 48 of 48
Words filNik dwellgb are delekd, words ~ are added
7A--uz.
S1'ATE OF FLORIDA}
COuNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courte in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-67
Which was adopted by the Board of County Commissioners
on the 24th day of October, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of October, 2007.
DWIGHT E. BROCK
Clerk of Courts'anan~erk
Ex-officio t.o.~Bo~Q"of-.'" t.1}
:;;;;;ty comnu~e~~e,r.
.. - ;;
, -
By: Martha
Deputy
,..
Page I of ]
7 A -{fh
Anthony Pires
From:
Sent:
To:
Anthony Pi res
Tuesday, February 03, 2009 5:26 PM
'RamirezHeather'
Cc: 'lstenesSusan'; 'MossJohndavid'; 'KlatzkowJeff'; 'Schmitt, Joe'; 'fiala_d'; 'HalasFrank'; 'henning_I';
'JimColetta@colliergov.net'; 'muddj'; 'FredCoyle@colliergov.net'
Subject: RE: BCC/BZA HEARING ON FEBRUARY 10,2009 RE: CU-2006-AR-10925. Basil Street Partners, LLC
Importance: High
Attachments: Request for Continuance 1 (executed).pdf; Scan001.pdf
On behalf of my clients who have appeared at the many hearings on this matter [when this item was not
"stale" or inordinately delayed], and where there has been no activity with Collier County as to this
application for over one year, where the Applicant still does not have a complete submittal into FDEP; it is
outrageous and objectionable that in this case, an item originally scheduled for the September 25, 2007
BCC Agenda, where the Applicant requested a continuance on August 7, 2007 until March 25, 2008, is
scheduled for consideration on February 10, 2009, 17 months after originally scheduled, with no notice other
than a legal ad in the paper on January 25, 2009.
It is also objectionable that this item has been scheduled without another Neighborhood Information Meeting
[NIM] being held and without this Petition going back before the EAC and CCPC.
Attached is a copy of the original continuance request as well as a copy of a letter from FDEP in April 2008
that the Applicant sent to Collier County. John David Moss confirmed that that letter from FDEP is the only
correspondence in the file between July 10, 2007 and January 30, 2009.
Further objections of both procedural and substantive nature will be forthcoming.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
5u ite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apirg~VIIfll::L~I.~9m
FIRM WEBSITE: WWW.WPL-LEGAL.COM
This transmittal and/or attachments may he a confidential attorney-client communication or may otherwise he
privileged or confidential. If you are not thc intended rccipient. you are herehy notified that you have received this
transmittal in error: any review. dissemination. distrihution or copying of this transmittal is strictly prohihited. If you
have received this transmittal and/or attachments in error. please notify us immediately hy reply or hy telephone (call
us at 239-649-6555) and immediately dclete this messagc and all its attachments.
2/4/2009
7 A '-a+
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
[8] CONTINUANCE
D WITHDRAWAL
If a continuance is requested, please indicate lenath of time: to: March 25. 2008 OR 0 Indefinite
From:
o Planning Commission
~ Board of County Commissioners
1. Date of Scheduled Hearing: September 25. 2007
2. Applicant/Project Name: Basil Street Partners. LLC I Keewavdin Island Naales Bav Resort Beach Shelter
3. Application/Case number: CU-2006-AR-l0925
4. Type of Application (examples: Rezoning, Conditional Use or Variance) Conditional Use
5. Reason for Request: Evaluation of DroDosal after cepc hearina. as well as coordination of client's and
consultants' schedules.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE
THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE.
<~~/.
SIGNATUR OF APPLICANT OR AUTHORIZED AGENT
8-.;;.7-01
DATE
Clay C. Brooker
PRINTED NAME
ccbrooker@naDleslaw.com
e--mail address
Address:
821 Fifth Avenue South. Suite 201
(2391261-9300
Phone number
Naales. Florida 34102
(239) 261-9782
Fax number
F:\wpdocs\LlT\CC8\Antaramian\Boat Haven -- 9130\Keewaydin\Second Gond'l Use App - Beach Shelter\Request for Continuance 1,doc
Kee'.vaydin Island Beach Shelter 10925
7 A-[J(
Page I of2
MossJohndavid
From: Clay C Brooker [ccbrooker@napleslaw.com]
Sent: Tuesday. August 26,200810:02 AM
To: MossJohndavld
Subject: FW: Keewaydin Island Beach Shelter 10925
Attachments: RAI #1 -- cover letter from DEP.pdf
Here's the emai!..
Clay Brooker
Chefty Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, SUite 201
Naples. Florida 34102
Telephone (239) 261-9300
Facsimile: (239) 643-3558
This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain
information that is confidential or privileged If this e-mail is not addressed to you (or if you have any reason to
believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at
239/261-9300 and delete this message immediately from your computer Any unauthorized review, use, retention.
disclosure, dissemination, fOlWarding, printing or copying of this e-mail is strictly prohibited Please note that any
views or opinions presented in thiS e-mail are those of the author and do not necessarily represent those of the
law firm.
From: Clay C. Brooker
Sent: Tuesday, June 03, 20084:41 PM
To: 'MossJohndavid'
Cc: 'Charlie Thomas'; 'Tim Hall'
Subject: RE: Keewaydin Island Beach Shelter 10925
John David,
My apologies.. ..after discussing the continuance with you, I neglected to send you the "evidence" we had
discussed. By way of example, please see the attached letter from the DEP eVidencing our ERP application to
change the use of the existing dock at the subject property. Let me know if you have any questions.
In the meantime, please remind me as to the date we have been continued I recall that a NIM will be required,
but there may be some confusion as to where we are as to a BCC hearing date. Thanks.
Clay Brooker
Chefty Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, FlOrida 34102
Telephone: (239) 261-9300
Facsimile: (239) 643-3558
This e-mail, along with any files transmitted with it. is for the sole use of the intended reclpient(s) and may contain
information that is confidential or privileged If this e-mail is not addressed to you (or if you have any reason to
believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at
239/261-9300 and delete this message immediately from your computer Any unauthorized review. use, retention.
disclosure, dissemination, fOlWarding, printing or copying of this e-mail is strictly prohibited. Please note that any
views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the
law firm
From: MossJohndavid [mailto:JohndavidMoss@colliergov.netj
~nhn()()~
.1<.etwaydin Island Beach Shelter 10925
7 A-02-'
Page 2 of2
Sent: Tuesday, June 03, 2008 3:45 PM
To: Clay C. Brooker
Subject: Keewaydin Island Beach Shelter 10925
Clay.
I need the evidence that you were supposed to provide to continue this item by next Tuesday or it will be pulled
from the schedule.
Thanks,
Jolin-cJJavid'Moss, Aiel'
Principal Planner
Zoning & 1~1.nd Development Revicw
Community Developmcnt & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
teL 239.252.4237
fax 239.252.6968
81?1i/?008
7Alj
Florida Department of
Environmental Protection
~~~~$~E:~:~H~F:~~;;'r2:~:~:-
South DIstrict Office
PO. Box 2549
FL Myers. Florida 33902-2549
April 17, 2008
Basil Street Parmers, LLC
c/o Joseph Cunningham
Turrell. Hall, and Associates
3584 Exchange A venue, Suite B
Naples, Florida 34104-3732
Re: Collier County - ERP
File No. 11-11-0179637-003
Dear Basil Street Partners, LLC:
This is to acknowledge receipt of your application on April 18, 2008 for an EnviIonmental
Resource Permit, pursuant to Part IV, Chapter 373, Florida Statutes (P.5.), and an authorization
to use state-owned submerged lands, pursuant to Chapters 253 and 258, F.5., to change the use
for a previously permited docking structure adjacent to Keywaydin Island (Folio 00720120008).
in the Rookery Bay Aquatic Preserve, in Section 14, Township 51 South, Range 25 East, Collier
County.
In order to review your application, we need the items listed in Part I of the enclosed request
for additional information (RAI) by July 16, 2008. If necessary, you may request an extension
up to ninety (90) additional days. If neither the information nor a request for an extension is
received by July 16, 2008, your application may be denied without prejudice. If you revise your
project after submitting the initial joint application, please contact us as soon as possible.
We appreciate your cooperation. If you have any questions, please contact Tim Schwan at the
letterhead address, by telephone at (239) 332-6975 extension 193 or by email at
Timothy.Schwan@dep.state.fl.us. When referring to this project, please reference the file
number listed above.
Sincerely,
/ de,.
~-+..... r"t
Tim Schwan
EnviIonmental Specialist
Submerged Lands and
Environmental Resource Program
Enclosures: Request for Additional Information
Lease Information Package
Page 1 of 2
7 A-c(2.
Anthony Pires
From: Anthony Pires
Sent: Tuesday, February 03. 2009 5:26 PM
To: 'RamirezHeather'
Cc: 'lstenesSusan'; 'MossJohndavid'; 'KlatzkowJeff'; 'Schmitt, Joe'; 'fiala_d'; 'HalasFrank'; 'henning_I';
'JimColetta@colliergov.net'; 'mudd--i'; 'FredCoyle@colliergov.net'
Subject: RE:BCC/BZA HEARING ON FEBRUARY 10. 2009 RE: CU-2006-AR-10925. Basil Street Partners, LLC
Importance: High
Attachments: Request for Continuance 1 (executed).pdf; ScanOO1.pdf; Scan001.pdf
As a follow up to my prior email of today regarding the above, and while reserving the right to raise
additional objections, both procedural and substantive, attached please find a copy of Section 10.08.00.K of
the Land Development Code [underlining added].
Since the Applicant in CU-2006-AR-10925 [the "Application"] ceased "to supply necessary
information to continue processing or otherwise actively pursue the conditional use, for a period of 6 months"
this Application is "closed", the Application may not receive any further processing, and is deemed
withdrawn.
Pursuant to Section 1 0.08.00.K of the LDC this Application may only be re-opened by submitting a
new application, repayment of all application fees, and further review will be subject to the then current code.
This Application was originally scheduled for the September 25, 2007 BCC Agenda. On August 7,
2007 the Applicant requested a continuance until March 25, 2008. No further continuance was filed or
requested. The Applicant did not actively pursue the conditional use for a period of 6 months. The
Application is now scheduled for consideration by the BCC/BZA on February 10, 2009, 17 months after its
originally scheduled date of September 25, 2007 and 11 months after the stated continued date of March 25,
2008.
Attached is a copy of the original continuance request as well as a copy of a letter from FDEP in April
2008 that the Applicant sent to Collier County. John David Moss confirmed that that letter from FDEP is the
only correspondence in the file between July 10, 2007 and January 30,2009, and does not constitute
"..necessary information to continue processing or otherwise actively pursue the conditional use.....
As a result, the hearing scheduled before the BCC/BZA on February 10, 2009 should be cancelled,
and if the Applicant wishes to pursue
a conditional use, the Applicant should then submit a new application, conduct a new Neighborhood
Information Meeting [NIM], with public hearings before the EAC and the CCPC.
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
apirE'~@wpl-Le.@I."om
2/4/2009
7 AP~ot2
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 arc 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
LIS at 239-649-6555) and immediately delete this message and all its attachments.
2/4/2009
10.08.00 CONDITIONAL USES PROCEDURES
pa{,4s-cfl
approval of the conditional use.
The land set aside andlor to be improved shall be made free and clear of all liens,
encumbrances and improvements. at the developer's sole expense. except as otherwise
approved by the board. Failure to complete the dedication within the appropriate time
frame noted above may result in a recommendation to the board of reconsideration of
approved conditional use and may result in a violation of this code pursuant to section
8.08.00.
Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure improvements
available to the parcel of land upon which said improvements are to be made. or at a
specified time provided for within the resolution approving the conditional use.
F. Denial. If the planning commission shall recommend denial of a conditional use, it shall
state fully in its record its reason for doing so. Such reasons shall take into account the factors
stated in section 10.08.00 D. above or such of them as may be applicable to the action of denial
and the particular regulations relating to the specific conditional use requested. if any.
G. Status of planning commission report and recommendations. The report and
recommendations of the planning commission required above shall be advisory only and shall
not be binding upon the board of zoning appeals.
H. Board of zoning appeals action on planning commission report. Upon receipt of the
planning commission's report and recommendations, the board of zoning appeals shall approve,
by resolution, or deny a petition for a conditional use. The approval of a conditional use petition
shall require 4 affirmative votes of said board.
I. Conditional uses for school or religious purposes. A use which has been approved as part of
a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development
for schools, religious or eleemosynary uses shall be exempt from the provisions of this section.
Such uses must comply with the provisions of division 3.3. site development plan approval, as
applicable. and all other zoning requirements.
J. Changes and amendments. The County Manager or his designee may approve minor
changes in the location. siting. or height of buildings, structures, and improvements authorized
by the conditional use.
Additional uses or expansion of permitted uses not shown on the conceptual site development
plan or otherwise specifically provided for in the conditional use application shall require
submission. review and approval of a new conditional use application.
K. Conditional useapplication processing time. An application for a conditional use will be
considered "open". when the detennination of "sufficiency" has been made and the application
is assigned a petition processing number. An application for a conditional use will be considered
"dn~p-ci" when the petitionp.r withrlr;::tw~ thp. ~lIhip.d ~nnlir.;:'Ition throlJfJh written nntice or r;Aa~es
to suoolY necessary information to continue processinn or otherwise actively pursue the
r.onoitinn"III~" fm" !)Arioo of 6 month~. An apolication deemed "closed" will not receive further
orocessino and shall be withdrawn and an aoplication "closed" throunh inactivity shall be
deemed withdrawn. The planning services department will notify the applicant of closure by
certified mail, retum receipt requested; however. f"i1l1r.. to notify by th.. r.ollnty ~h,,1I not
elimin"t.. the "closed" ~t"tlJS of a oetition. An aoolication deemed "closed" may be re-ooened by
submittinQ a new application reoavment of all aoolication fees and arantinn of a determination
of "~IIffir.i..nr.y". Further review of the reauest will be subiect to the then current code.
1. Applicability. All applications for conditional use whether submitted before or after
June 26, 2003, shall comply with the processing time procedures set forth in section
10.08.00 K. above.
http://library2.municode.com/defaultiDocView/13992/1/66/74
1129/2009
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J!;NNIFFR M. TENNEY
I Board Certified RtaJ E~(ale
Atwrlwy)
(Bom! Certified Ciry, County
;1nJ I.ocal Government
Anorney)
j200 Tamiami Trail N.
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WOODWARD, PIRES & LOMBARDO, P.A. \Qvl tuV
A t tor n e y s - A t - Law ~ epO {
February 4, 2009
Board of County Commissioners
Collier County, Florida
3301 East Tamiami Trail
Naples, Florida 34112
VIA HAND DELIVERY
RE: Naples Bav Resort Beach Pavilion; CU-2005-AR-7181
Dear Chairman Fiala and Board Members:
This law firm represents a number of individuals and an associated
group of individuals that own property on Keewaydin Island, all strongly
opposed to the pending Conditional Use Petition CU-2005-AR-7181 [and
its accompanying "ST" petition] scheduled to be considered by the Board
of County Commissioners [BCC/BZA] at its' February 10, 2009 meeting.
This Petition has been lingering for three years. After the July 19,
2007 CCPC hearing, one "Request For Continuance" was filed, dated
August 7, 2007, requesting that the hearing before the BCC/BZA then set
for September 25,2007, be continued until March 25, 2008.
In addition to my emails of February 3, 2009 there are a number of
substantive reasons that have been raised with staff, before the
Environmental Advisory Council [EAC] 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.
7A 'I
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 problems with the application, the application's
EIS and associated documents
2 verbatim transcript of the May 7th, 2007 EAC hearing.
3. excerpt from February 1, 2006 EAC hearing
4. verbatim transcript of the July 19, 2007 CCPC hearing.
5 written findings by the ccpe members on July 19, 2007.
6. excerpts from recorded condominium documents relating to the
developers' affiliated projects that can use any approved facility.
7. excerpts from FDEP rules regarding aquatic preserves.
There may be additional issues substantive or procedural raised at the
scheduled February 10, 2009 hearing, and we may also provide supplemental
materials.
We appreciate your consideration of my clients' concerns, objections to
and issues with this pending Conditional Use Petition, and request that after your
deliberations, you deny the Petition.
Enclosure(s)
Cc w/encl: John David Moss
Office of County Manager
Office of County Attorney
2
_'7 A
Excerpt from the Land Development Code:
D. Findings. Before any condition at use shall be recommended for approvat to the board of
zoninli: appeals. the planning commission shall make a finding that the li:ranting of the
conditional use will not adversely affect the public interest and that the specitic requircments
goveming the individual conditional use, if any, have been met by the petitioner and that,
further, satisfactory prov'ision and arrangement has been made concerning the following
matters, where applicable:
I. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safcty and convenience, trallic l10w and control, and access in case of
tire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor etTects.
4. Compatibility with adjacent properties and other property in the district.
1, Ingress and egress to property not adequately addressed
o No limitation on number of daily boat trips.
o No statement of number of daily boat trips.
o Impact on sea life not addressed/evaluated.
o No analysis of impact of daily "shuttle boat" trips
o Increased daily boat traffic not addressed in either application or Staff Reports.
o Existing Dock:...the "approved" existing dock.
a A dock that the Applicant states can accommodate 3 vessels..."The dock
accommodates approximately three vessels (depending on their size)
o [see Operations Manual at page 21
a has only been approved by Collier County and FDEP for a single family use.
a The dock has been permitted by FDEP as a "private single family dock and
boardwalk.".
a what is proposed is not a "private single family dock" but instead is a
"Commercial, Industrial and Other Revenue-Generating/lncome-Related Dock"
as defined in FAC Ch. 18-20.003(16).
a Submit that the proposed use of the dock would be a Commercial operation, and
question whether that is even part of this application or an allowable land use on
this property.
- 1 -
7A 'f'
2. Consistency with the growth management plan; the effect the conditional use
would have on neighboring properties and compatibility
o No real analysis, study or evaluation of intensity of use of the is/and.
o No analysis. estimate or statement as to daily number of users.
o Merely repeated bare assertions that since the "structure" will be located on 2 lots,
the impacts from the "structure" are much less.
o The application focuses on and addresses the physical building(s) and not the use of
the land and the associated adverse impacts.
o Ignores the use of the island and the concomitant impact of the use on the island
[I.e. adjacent properties and other property in the districtl.
o No limitation as to number of people on the island, thereby adversely affecting other
properties.
o Any stated "limitation" is only as to the "property", I.e., the 4.70 acres and does not
provide for any limitation on the number of people on the island.
o Ignores the intensity of use associated with the 750+ memberships.
o No statement or analysis of impact of total number of Club Memberships
o No cap on total Club memberships in the recorded documents.
o Club is actually owned by another entity, Knightsbridge Partners of Naples, LLC.
o As the application ignores/fails to address the number of persons utilizing the is/and
it fails to address the effect on the dune system as to adjacent properties and other
property in the district.
3. AGREEMENTS/ARRANGEMENT WITH FDEP/ROOKERY BAY
o All such "agreements" are subject to change without any public input or hearing.
o Can be changed/revised without any change/revision to the Conditional Use
approval.
o THE "PROTECTION" AFFORDED BY ANY "OUTSIDE" AGREEMENT
IS ILLUSORY.
CONCLUSION
o The Applicant is requesting an incompatible use with no data/analysis
as to effects and impacts.
o Application should be DENIED..
- 2 -
.
.
.
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~7A '
MAY 7,2007
EAC
HEARING
TRANSCRIPT
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FNV 1 R~jNMEN"'l\I, .A.I 1'/ I :<r:-p '{ I.' .;f INf.' J J~
Naples, FL_)rid", May 7, .2007
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L2T IT BE REMEMBERED, ttQt the
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Envircnmentdl AdVisory Council i.n dnd for the
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COIJnty I,f Collier, havinq conducted business
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herein, met on this date at 9:00 a.m. in REGULAR
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SESSION in Building "F" of the Government Complex,
EilSt Naples, Florida, with the following members
present:
CHAIRMAN:
Wi 11 iam Hughes
Nick Penniman
Michael V. Sorrell
Judith Hushon, Ph.D.
Lee Horn
Roger Jacobsen
Lewelly Willidms, Ph.D.
ALSO PRESENT:
Stan Chrzanowski, P.E.
Summer Araqlle, SES
Jeff E. WrIght, Esq.
CERTIFIED COpy
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~HAIFMAN Hf)r;HF.::;: \~ka'l.
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EVt~[j,jrl(~ hAre? Are we [pa,jy tu 'lo?
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OkdY. I'd like to cdl1 to order the meeting
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of Monday's, May 7th, 2007 of the Collier CGunty
C
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Environmental Advisory Council.
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May we have the call to order, please?
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M'~
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MAQVE:
The roll call.
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CHAIRMAN HUGHES: Or the roll call, please.
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MS. MAQVE: All right. We have Nick
Penniman.
COUNCILMAN PENNIMAN: Here.
MS. MAQUE: Michael Sorrell.
COUNCILMAN SORRELL: Here.
MS. MAQUE: Judith Hushon.
COUNCILWOMAN HUSHON: Here.
MS. MAQVE: William Hughes.
COUNCILMAN HUGHES: Here.
MS. MAQUE: Lee Horn.
COUNCILMAN HORN: Here.
MS. MAQUE: Roger Jacobsen.
C!JVNCILMAN JACOBSEN: Here.
MS. ARAQUE: And :.pwelly Williams.
':OUNCILPAN WILLIAMS: Hpre.
UiAIRMAN dUGHES: 'Jkay. ~lext is the ,"pproval
'J [ the 3.<Jendd.
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~( .~ h.j'/'~ H't' ,_~cmlll\'r.ts \)C d. i1y:tl \n.~
':(;UNCI!.MAN FENNiMAN: r)llt'stl,-,n.
]
CHJ\IRMAN i-iUC;HSS: Yes.
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COUNCILMAN PENNIMAN: All nqht.
RFJ was an
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attachment. 'fhat's Missiorl Statements. We have
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attachments for everythlng else includinq SA, LDC
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Amendments.
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The question is, do we get an attachment.
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SB?
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MS. ARAQUE:
I don't know. Maybe Susan will
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know.
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Can you repeat the question, please?
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COUNCILMAN PENNIMAN: On 8B, Mission
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Statements, was there an attachment to members of
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the EAC on that item to do business?
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MS. MASON: No, there's not. I believe it's
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just on there. This group needs to create one.
COUNCILMAN PENNIMAN: Oh, okay. Thank you.
COUNCILWOMAN HUSHON: We have an amendment.
It's under old -- to go under old business.
The County Attorney wants to discuss Ruber:'s
Rules uf (Jrder and the ~uilshine :"dW.
MS. APAQUE: Yes. The County AttGrney is
jilst going to have a brief discussion.
1'=Of~'NC:;,",W'~)Mfu'1 HTYjHON: g'-.lt we'll h,:nlf? t'J:HPend
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r-rp J'1>?i11jd t..) irF~]'Jd(' I-;l,t'~ i I~rn.
MS. l\iiAQUE:
'Z'(:3.
]
(:HATRMAN HUGHES: Cood. So, that's to chanqe
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the rule the way we're doing it?
,S
CCTJNCILWOMAN HUSHON:
Yes. r:orrect.
It's
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this ri',lht here.
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CHAIRMAN HUGHES: Under the Sunshine Law.
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Okay. Any further discussion?
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COUNCILMAN PENNIMAN: To that amendment to
Number 7, I would move that we approve the agenda.
CHAIRMAN HUGHES: Do I have a second?
COUNCILWOMAN HUSHON: Second.
CHAIRMAN HUGHES: Okay. Any further
discussion?
Hearing none, all in favor.
COUNCILMAN PENNIMAN: Aye.
COUNCILMAN SORRELL: Aye.
COUNCILWOMAN HUSHON: Aye.
COUNCILMAN HUGHES: Aye.
COUNCILMAN HORN: Aye.
COUNCILMAN JACOBSEN: Aye.
CHAIRMAN HUGHES: All cppused, Ild y.
Hearinq none, so moved.
Okay. Next on is the approval of th~ ApriJ
4th, .~(j!J7 meet ing ninute3.
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::spel:t-"j C'_lri=I';C:'J (,n th(2' mln:Jt(~s.
it's spelle,j s-e-~, nl)t 5-0-0.
c:HAIRMAN HUGHES: Oki'l'i. With that
COUNCILMAN PENNIMAN: Nick.
CHAIRMAN HUGHES:
('hange
with that
change, I wculd approve ~he minutes and they are
gettIng better.
COUNCILWOMAN HUSHON: Second.
CHAIRMAN HUGHES: Okay. Any further
diSCUSsion?
HearIng none, all in favor, say aye.
COUNCILMAN PENNIMAN: Aye.
COUNCILMAN SORRELL: Aye.
COUNCILWOMAN HUSHON: Aye.
COUNCILMAN HUGHES: Aye.
COUNCILMAN HORN: Aye.
COUNCILMAN JACOBSEN: Aye.
COUNCILMAN WILLIAMS: Aye.
CHAIRMAN HUGHES: All opposed, nay"
Hearing none, so moved.
MS. MASON: Exruse me.
I jlJSt wanted to "dd
3cmethinr1 real briefly.
My ndffie is Susan Mason, Envir0nmental
~~":)rTice,"::, C,]llLer 1>)lmty.
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m('}r: I\.-. f
IlH:oCL wIth Sue Cltl.'dr:l.r, ',pr~ n,d-.i,,:::; f.: 'fil Man",jfl, 'I.'':
3
hires the people who do 01lC minlltes.
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They did kind of expand the amount of
.0
iIlformation that was in the minutes and that's
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what yO;] saw t.his mcnth.
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It does take the transcriber about double the
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time that it did under the old way, so there __
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there is an increase in t.he budget, hut we do have
that in order for this year.
The budget situation next year is very
tenuous, so I can't speak for fiscal year 2008.
But for now, you -- you're in good shape.
And they also wanted me to point out that all
motions, as they're written in the minutes that
you give back, are actually taken verbatim.
They just don't go by their notes that they
have taken. They listen back to the tape and make
sure t.hat whatever motion is part of your minutes
is verbatim from the motion that was made here.
Thank you.
I.-::'HAIRMAN HUGHES: AnV further c()mrnent '.)[1
that?
r'11 add ':Jne ce.nment. As I sta.ted before
mc're than once, r per2:;ocdl~Y_::0n0i{jer the ',;i'jeo
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know, h(~'ly.
::;'), it you have questions, T wou.Ld always
refer to that. It shows the intent of the beard.
I,"}kay. Upcoming Envi ror.....'1lentdl Advisory
Council 'Jbsences.
AllY diJcussion?
COUNCILMAN JACOBSEN: None.
CHAIRMAN HUGHES: Okay. Hearing none __
COUNCILWOMAN HUSHON: We will be meeting the
first Wednesday in June.
MS. ARAQUE: Correct. And we have changed
the date for July to July 11th.
COu~CILWOMAN HUSHON: Oh, you have.
MS. ARAQUE: Yes, because the July 4 meeting
falls on a Wednesday. The county will be closed
on July 4th.
CHAIRMAN HUGHES: Okay. All right.
Any other discussion?
Hearing none, let's move on to land use
r-etitiun.
Item A, C\JIlditiGn,d Use, CU-AR~109.:?~,
Keewaydin Island Naples Bay Resort 8each Shelter,
SertiGn 14, T')Wll~hip SiS, Ranye .~S Edst.
B(!fcrc we be'-JLU, do we have any disCllJsure
tr-,'=:-m Lhr b(J'.1r.jC?
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>;~'()h~ w. Lh Kt'j,th i".~'~~:'.'ljJln i.p:-F.,\ner-:;\.-:
Rookery Bay.
I also got permission trem Clay
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Brooker to visit the site and I Visited the site.
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(:HAIRMAN HUGHES: Any ether ,jisclnsures?
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Okay. May we swear in ~he representatives,
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please?
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(The witnesses Were Sworn by County Attorney
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Wright. I
CHAIRMAN HUGHES: Good morning, gentlemen and
ladies.
MR, CHRZANOWSKI: Technical difficulties.
I would hope, but I don't know where the
on/off button is.
CHAIRMAN HUGHES: If you need help, we'll get
'lOll some help.
(A discussion was held off the record.)
CHAIRMAN HUGHES: The network is up, Ollr
cameras are up.
Hey, by the way, while we're waiting on them
:0 get that working, hey, C;tan, is it pnsslble tJ
qet us an aerial phot(:qraph fGr each one 'Jf the
n.,a.I'd mE:-mters I-;f the I::Gunty?
COUNCILWOMAN HUSfiCN: An J.erial photC"JLlph?
(TA I R;.w.N iHJGHES: An - - 'Ie 3h .
1fT Jon I '::
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Yes, :3Li.
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CHAIRMAN HUGHES:
I would apprecldte it lf we
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could yet one of those to each of the board
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members.
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MR. CHRZANOWSKI: OkdY.
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('HALFMAN HUGHES: I don't need -- and what I
fJ
dlso need on there is reference marks of the main
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highways.
I don't need llttle ones.
MR. CHRZANOWSKI:
It's an aerial photograph.
It will show everything.
C~~IRMAN HUGHES: All right.
MR. CHRZANOWSKI: You want the labels or __
CHAIRMAN HUGHES: Just enough where reference
points where people can't read jumble to know
where they're looking.
MR. CHRZANOWSKI: To illustrate?
CHAIRMAN HUGHES: Thank you.
MR. BROOKER:
I'll refer to what's in your
package documents.
It's more for the public, I
quess, than --
COUNC I LWOMAN HUSH')N:
~t you pur them up
there, ShE can ~ctual1y -- put it IIp ~here.
MS. AF.AQTJE: y,~u can put it)n the screen.
:orJNCILWCMAN Ilf)SHON: :3he car: -- she '~an
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MR. BROOKER: Okay. Thank you.
4
For the record, my ndme is Clay Brooker.
I'm
5
with the law firm ot Chefry, Fassidomo, Wilson dnd
ti
J()hnson.
7
We repr"esent the petitioner this morning on
8
this conditional use.
9
Most likely everyone, I believe, or most of
you saw the initial petition. This is the second
go around, a drastically revised, reduced, scaled
back version of that first -- first application.
What -"e are requesting from the county in
this petition is a conditional use approval of a
passive recreational structure on Keewaydin
Island. It's called the Naples -- the Keewaydin
Island Naples Bay Resort Beach Shelter.
It will be for the llse of the members and
guests of the Naples Bay Resort Club.
The initial go around, we -- we took to heart
mdny of the comments we received, both trcm this
council and trcm the p.lannlnq commission, and we
sat bai:k dfid we eVdluated it and we came t'J ~he
realizdLion that what we are proposing the first
t~lme drounij simpLY was mi)re than what we n~eded .-::-)r
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rt dilj actlJal :_y, arlmirt~ljl'll ,:reatp dr.
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.1ppearance I)f more of an entertainment venue
4
rather than Nhat we are lookinq for is more of a
,
,
minimalist, qet out of the weather structure,
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which we believe is proposed here before you
,
,
today.
8
The subject property, I haven't put a blow up
9
aerial on the -- on the board here.
It you can see that far, the subject property
is shown here in the purple outline.
Keewaydin Island itself is approximately
thank you -- is approximately -- I feel like a
school teacher -- approximately eight miles long
and our property lS situated almost in the middle
of that eight miles.
It is 4.32 acres, about 180 feet north to
south and about a thousand feet east to west.
Those are rough numbers.
The uniqueness of this particular parcel ln
comparison to other privately cwned parcels Gn the
lsland :5 its lccation and size.
~tls a litt1.c
ti<]']er-:r.nd, more importctntli, it's SdLdwiched
betwe~n sta~e and federal Gwned idllJS.
T0 rhe north is ~carJy fnur ~~ :es I)f state
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of shnrellne before you reach the next privately
4
l.)wned pdrcel.
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The zoning on the property is agriculture.
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'~hdt zoning doesn't permit by right a
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slngle-fdmily home.
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We do have -- this property is comprised of
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two platted lots, so by right, this property could
be used for two single family homes.
The -- what I'm -- what I'm trying to show to
you now is the conceptual site plan that's located
in your package.
COUNCILWOMAN HUSHON: One more.
MR. BROOKER: Oh, I see.
If you could turn that around. No. No, no.
MS. ARAQUE: Are these not working?
COUNCILWOMAN HUSHON: No.
That's fine. Now these dre working.
MR. BROOKER: Yeah.
This is the conceptual site plan that was
presented to you ln a package. The hottom is the
forJtprint. The tot tom image is a foutprint 3n.j
the tup iMage is ,3D elev~tinn.
F(i....:uSi:1tJ ,in the bottom Jmaqe f,-:or a minute,
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,
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3
If you recall, ttle first ~o arcund we were
4
lust under 3,000 square feet, and we reduced that
')
now to about 816 square feet. That 816 square
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feet is measured by the columns that are
7
supportlng the structure.
3
So, in comparison to the first proposal,
9
we're less than one-third the size.
10
Another difference, a significance
difference, from the initial proposal is that we
have dropped any request for any future expansion
of this footprint ever into the future.
A conservation easement will be recorded if
the
if the proposal is approved over
approximately 90 percent of the property to
prevent anything more than what you see here.
This in turn will also preserve approximately
95 percent of the native vegetation on site, and
by way of comparison, the county requires ten
percent at the native vegetation being preserved.
T~ gIve YI)U an Illustration )f what that
:.:::'cnsl2rvction easement will lc(:;./( like, I'll show
'f'"::u.
Wh-:tt !i";,U see a.re the tltlO p1:1tted 1,")1::5 th-=re
.
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; .: .e:. .; ~ ~l
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t:he t-~iPf,: of t-;lue :jh,h1inq, thJt w; 1 ~ hf? plj :'2/j
3
llnder d t':Dnsf~rT,ration easement.
4
~he entire shelter structure along with tIle
,-
J
taardwalk -- dnd that's probably best illustrated
6
by the top illustration on the screen.
7
Along with the boardwalk, it will be elevated
8
dctually, nothIng touching the ground except for
9
the supporting pylons. They will be elevated a
couple of feet.
And one of the rules that we are proposing is
that visitors may not walk anywhere but on the __
an the boardwalk or the shelter, dnd that -_ that
boardwalk will extend Over the dune to the beach.
There was some discussion, when we were
having talks with Rookery Bay, as to whether this
elevated boardwalk was good for plant Ilfe and so
forth underneath, and there was a compromise
allowing wildlife to freely traverse the property
in exchange for keeping the people off the ground.
Now, the shelter will be screened.
It's not
walled in (jr glassed in. There is [10 dir
cc'n1jitioncr. There's no kitchen, no refrIgerator,
no real electricity, no appliances, pretty much ~o
':lDy'thinq.
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T) i'- . ,.. wi 1 J ne r '..J:) ~_...,.':5 t r f) )m ::: ,
r ~j :1 rrd; ~
d f ~::-ma L (~ .
Tho~;e restrooms are locdted hl~re dIl<1
hpn".
4
A difference frJm the initial proposal 1S
')
LLdt the restrocms before had showers 1n them.
"
This has been taken cut.
There is an out -- (Joe
')
')utduor shower pedestal to :Jet the sa.nct (,ff IJt 'IOU
8
and so forth.
9
The shelter will not be open at night as a
10
dusk to -- it will be -- wait.
I always get that
11
mixed up.
It will be opened from dawn to dusk,
12
closed from dusk to dawn.
Therefore, the property won't be lighted at
ail; however, we are reserving the right to place
some security lighting if those security concerns
arise such as vandalism or so forth.
In that case, if in fact lighting becomes
required, which we are not planning for now, they
will be shielded, directional, low level, and so
~orth to not create disorientations for sea turtle
hatchlings.
The cr~ly lights pr()posed cn the entirp
prcperty
,,; 1)
w......J..
be ~nside each of the restrocrns
23
required hy cOije.
Tl10se ,3re gOlnq to be ver-y low
pCWf~!eri ~i'Jhr.'3, and ,3.~ thi~ timA we're -- 'Np1re
.
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r':-.; i,-.i+~r. nq ,~mr- "'t'oIP~-lt;.J >-~;"r1 t'i ,'':,' 1 J[ :~" 1,..jPt .
IJuL Wdt<?t' t..-Jlll be s\lppl.ied. ry d ,-:uLlecLl,.'n
rainwater runotf. Yuu can spe the design of the
roof and that structure located to the north, the
rcund structllre, IS a cistern and that will -- a
roof runoff will be collected and stored in that
cistern and then treated, and that water will be
used for the restrooms and the shower.
If in the event supplemental water becomes
necessary, we are considering, and we'd like to
reserve the right to be able to transport potable
water in from the mainland and essentially dock
the boat that has the water at the dock and pump
the water through the pipe underneath the
boardwalk into the cistern.
That's only if the natural rainwater is not
sufficient.
The wastewater system will be an aerobic
septic tank system with the drain field and we
have sized that system. And looking at -- there's
two cdtegories that we hdd to look at, either just
d basic picnic shelter scenari.) ()r a coun~ry club
3cenario, and because of the canver3atil)ns and the
ccmrnents we received in the :irs~ IJO around, ".-Je.
dre a little CGncerned of not prl)vi,Jinq ,~ System
.
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prdcl"ms '"Ith th-3t "y;;tem, so"". ,-'pte,j the t""Jl-.
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sys':f'm.
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We went with the country club classitication,
C"
althulJgh c]edrly thIS is not going ~o be a ccuntry
n
c~ub w1th a kitchen and restaurant and thdt sort
7
of thing.
8
But that's the sIzIng.
That was the slzlng
9
criteria we applied and will install.
10
Power wIll be by generator as all privately
11
owned properties out there are powered.
This will
12
be tor primarily the waste -- or, I mean
I'm
13
sorry, the water and ttle wastewater system.
The possible location right now for the
generator will be in a housing located just off
the dock -- I'm sorry -- not just off the dock,
but towards the water end, the east end of the
property right there.
And there's an existing bump out on -- on the
existing dock.
That's sufficient for the
I]enerator housing.
That housing will be sound
attenudtpd.
There's aL~ sorts of engineering terms
they're qoing to be ;jslng to muffle the !:>rJunds,
J..~rtlc-:.:;taqe Itll:tlf~r, that ::.;crt: (it tr.i~q.
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25
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tJe tra.flSp(jrt ::C penf'l~ tn tr.'-' pr'Jp~rt'i, "r,ci!_'
,
unless some people cnme off of ,t.
Access to the property. This is another
significant difference from the inItIal proposal.
It will be by club owned vessel only.
It's not a shuttle, not a regularly scheduled
shuttle. It's instead based on a request or a
reservation basis.
No private vessels are allowed to come to the
property or no members or guests are allowed to
come to the property by a private vessel.
We believe that will allow us to accurately
enforce or officially enforce the rules and
maintain good supervision over the use of the
property.
The shelter will be only -- not only are we
saying it's going to be closed at night, but the
J
4
s
6
shelter will be only
only open only when our
members or guests are transported by our vessel.
At all other times, if there's a day when
there's no one out there, the shuttle
or the
shelter will be locked and secured so to deter
frnffi unpermitted use or trespassers and so forth,
and that means the restaurant -- the restrccms
will be looked.
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:-:j-'I":jLc'r Lt~)(>lt :;3 ,J-r~r)['lx;rn'll'=':'i ,J') [...--'t~i_ fr,-:),
lucatil)n ,jnd at that di.sr_dnce the noi~e level fr\.Jffi
.j
the generator will be somewhere between a wtlisper
s
dnd d TV :~et.
h
ConstrLlction of the facility, it will occur
7
')utside of the turtle nesting season. All
8
construction materials will be delivered from the
9
beach slde and all vegetation disturbed during
that delivery and during the construction period
will be restored and replanted.
The daily operation rules for the facility.
We are -- we have reduced the maximum people on
the property from 56 at the initial proposal to 20
today.
There was some confusion. I guess we
experienced some confusion on the first go around
and I was asked the question again just a few
weeks ago, would this maximum allow us to bring
people to the property, say we bring 20 people,
and then those people elect to stroll up and down
~he beach.
So now We don't have 20 people on the
property anymore. Can we bring more?
'~ld the answer to that is categorically no.
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~'Il..-' ;hi-'j ',-.r I :,' .-).'-t IJr'f~- ...-. >-' " 'N:
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l'}cke'l, iJrod we're .::'~-,:nsl\ierjr;,q in~trjljinq q(jl_C':? .-1.
both sides of the dock, the bcardwalk. While they
won't be the cure all, we belIeve they will
hopefully deter peuple from entering into the
property when 1t's closed.
We do plan for staffing of the facility but
only -- again, only when members are transported
to the property by the private vessel, hut the
club owned vessel.
Unlike last time or the first go around the
beach chairs and umbrellas will not be supplied by
us; however. members can bring their own.
They may bring alcohol on site. but they will
be advised that the alcohol cannot go north or
south beyond our property lines because that's not
permitted by law.
There will be no pets permitted, especially
events we know was an issue the first time around.
We've eliminated that possibility. There will be
~o specidl events permitted.
There will he no motorized vehirles on the
prop' rt y.
It }tOll remembpr the :ir.st -- tr.e Lirst
propo~dl, we had d qolf cart. We've elimin3ted
that. No tire work displays, no b()~t races.
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15
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';')'-:r"1 w, ~ 1 :;1:" d 1;;-') oe ~pPr-(.i! ,~d a::; P,H f'
pdck ~ut [d(:ili~y.
A~l trd3h wll) be r'.-?mu'b::'.1 I;
-----,
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3
the site \jdLly, of course, when the site has been
4
visited so we have staff there to remove the
c~
j
trash.
.i
Trdsh callS will be made aval1able. And they
7
will be secured when the site is clused and we
8
I1dve committed to a beach clean up.
9
Every time one of our staff members dre
10
there, he or she will clean up the beach not only
on our beach but also a hundred yards north and
south of our property.
In working -- working up this proposal, we
have worked closely, as you probably know, with
Rookery Bay.
I believe Keith Lockendin is in the -- in the
audience.
We've agreed to give Rookery Bay 24
seven access to the property for monitoring
purposes.
Most of what I've lllc,;,r trtl ks:::>rf ~hr\l1t is
----
d 1n d declaration and an dgreement and __
clnd 0 erdtions manllal, which is in jour packet, a
:,31r 1 j lengthy iocu;nent.
That was worked thr?ugh close cooperation __
'-;r w:,,:h .:.:lc-se \:()r~'perdtion wlt:h ?o,:b:.>ry Ba/.
That
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,It !-.j" !'J;> r(co' r,k.,j if th ts npl-'
1 S dpproved dnd in the fJub lie rpc)rJs <) E e\1 j I
3
CoJunty, dnd it wlll be a part of this petit10n dnd
4
the conch tiondl Ilse approval.
5
So, any violation of a -- of a rIlle in that
I)
document can be enforced either by the county or
7
Rookery Bay.
8
Outside of the county's code enforcement
9
powers, we've agreed to a penalty schedule with
Rookery Bay in the event we violate the rules.
It is $500 per violation and there's also
a -- a repeat violation paragraph that deals with
it.
If it's shown that we simply cannot meet
these rules and there's problems that exist, for
example, I think it's
it's a certain number of
violations per period of time, then Rookery Bay
can come to the county and say, this is just not
working, let's reevaluate.
We will also work with Rookery Bay to
establish a monitoring progrdm, WhlCh will take a
j'Jok at the number of visitors, the amount of
trash being generated, wildlife encounters,
wil,jlife cbservatinns and so forth.
There will al~() be an educational kiosk
.
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';~,i'~ [tip .,:helt-o.r taci.llty that wLl' 00--
I:::ver'j~hinfJ that que.'::i in::-] tl-,dt )':i.)s).: must b.-:-
approved In advance by Rookery Bay, and we will be
relying heavily on them to help liS in that
respect.
We did meet with Nancy Payton, the Federal
FlorIda Wildlife FederatIon and Brad Cornell of
Audubon.
At that meeting Brad asked us to be another
set of eyes, don't Just enforce what's going on on
your property, but take a look beyond our property
boundaries and at least give a call to see -- to
let people know 1f we see other illegal events
occurring beyond our property boundaries, and we
agree to do so.
F'lorida Wildlife Federation through Nancy
Payton has withdrawn its opposition to this
project in light of the drastic revisions we've
made to it.
In a recent newspaper article, Nancy Payton
stated that the proposal deserves a gold star.
And with that, that's a SurrUllary of the -- the
lerlgthy iocu~ent and package that you received.
That hlb the hlghllg;,ts, I think.
I'm 11pre to ~nSWpr ~ny qiJe~ti0ns that j0U may
.
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i(-=J~J Inay r.rtve, and I wou 1,i 1 i ke to [F'serVl::! t I:::P ,
respond to c_ possibly respond to public COIn..llent.
CHAIRMAN HUGHES: All r iqht. Tr"ank you very
4
c
~
rr.uch.
6
Before we start, I -- I did overlook one
7
disclosure.
I did receive an e-mail from staff
8
pertinent to this project.
9
COUNCILWOMAN HUSHON:
I recelved two.
CHAIRMAN HUGHES: All right. So, I quess all
that's on the record. We did have internal trom
the public through our staff to our e-mail
purposes.
First of all, let me say I'm very impressed
and see that you've listened very heavily.
As you know, we're -- werre just going
through an issue. We're going to end a building
out on Cape Romano, and you baSically got the idea
In here now.
When it gets hit, it blows away, then it
becomes a clean up issue. That's it. The
r.:::oncrete bunkers and everything e10e.
I'm very impresse(l.
You've literally have
l1stened extremely well. You heard us. Right?
Now I'1 like to hear what the tcard has to
.
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1",-:1'''1(~ r LMAN ,JAl.>JBSE:-J:
have d <--:\lupiF:'
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qucstic)ns if you don't mind.
4
You alluded to a scldr enerqy you were
5
C8ns1Jerlng ~nd then you went right into d
Ii
'Jenerator. So the qenerator is definite clnd the
7
~oldr is just Q thought.
8
MR. BROOKER: That's correct. We -- we __
9
hello.
COUNCILMAN ,JACOBSEN: We got it but it sounds
very strange.
MR. BROOKER: You know, a hearse followed me
on the way here. This is just typical.
We
we looked into the solar possibility
from an engineering standpoint and without being
able to give you all those details, because I'm
not trained in that field, it became -- we would
like to have powered the entire -- everythlng by
solar energy, but 1t became that we didn't have
enough room for enouqh solar panel field to create
apparently the energy that's required for the
water and wastewater system.
Ubviously the -- the low wdttage or whatever
light~ in thp restrooms don't draw much, and so
thdt's whj' :;:'vp s:ud ,="hat, that Wi? are (FJing to
.
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,itrd~;f" t, :":,-)(.l ,':i,-d,-ir." F-Jcw("r f(;,.- t:lr',.n ; l'l~':'",
But W{_" h,J.v~ been told hy enq] rh~'c>r:.) Uiat
J
there's just -- it's not feasible to power the
4
entire property through solar energy.
5
COUNC:LMAN .JACOBSEN: Have you calculated
6
tough questlon maybe. How much gasoline will be
7
transported back and forth for the generator Over
8
the course of the year?
9
MR. BROOKER: No, we haven't done that.
COUNCILMAN JACOBSEN:
I'd like to keep going
if you don't mind.
CHAIRMAN HUGHES: Keep going.
COUNCILMAN JACOBSEN:
I'm a little concerned
with Rookery Bay being the monitor of the
property.
One of the concerns I've rUn into is Rookery
Bay not having the manpower to actively look at
the southern tip of Keewaydin.
So, I'm kind of concerned on if they don't
have the manpower to do that area, how are they
'Joing to possibly come up and do your area?
MR. BROOKER: And that's
thdt was a
jisc~ssi0n we had in the first go around as well.
And, in fdct, ~ spoke Lo Gary Litten Idst
week about -- :ibout K~ewaydin Island in genera.l.
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r...!. 1 "::~E-"'\/ j!->~ lur.r. "11 --it -111 'rsc:r',t way:" mr',r.!
l_:(;cr;prehen~: i ve dpprodl-:,::e:.:; 1.0 r.dve mnre I)t a
presence on KeewaydIn Island.
<1
In addition to that we hdve
obvi(:;usly,
5
Collier County Code Enfcrcement wiLL be there when
h
they can, dnd we understand that may not be
7
always.
8
Thirdly, the -- the operations manual or the
9
I'm sorry -- the agreement that we have entered
10
into Rookery Bay requires a voluntary reporting of
violations, and we intend to in good faith report
our Violations to the authorities.
And, finally, we have been in talks with
Keewaydin Island to fund our faIr share of an
exclusive -- a ranger exclusively for Keewaydin
Island.
Those talks, the status of them, are we have
received overall numbers what a salary and
benefits package would be to actually hire an
entirely new ranger, Rookery Bay to hire a new
r~n~er exclusively for Keewaydin island.
And where we are now 1S what woul,j be ')lJI:' __
,::.'ur fair 3hare of that? And we ,-:r1mmitted before
a.nd 'we iTldlntain our commitment tc;day that we will
pay our fair stdre.
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t"\,jck r..J 'JS '.-.lith ,] :1umbt::.r ~hdt they +-_hLnk 1,'::; ~1
J
that we should pay for monitoring all of Keewaydin
4
Isldnd.
')
COUNCILMAN JACOBSEN: Okay. The last -- last
~
thing if you don't m1tld'?
7
The dock out front right now hold four, maybe
8
five boats, and if you have two, three, four
9
people on each boat, you're at your number 20
anyway.
So, all of these people could right now go to
that dock and just walk along the boardwalk and go
up on the beach without a structure there;
correct?
If -- if the developer so lets them.
MR. BROOKER: Right.
COUNCILMAN JACOBSEN: Okay. That's all I've
got.
CHAIRMAN HUGHES: Okay. Next.
COUNCILMAN SORRELL: The septic system, the
last t~me you were talking ahout a composting
system dn(j now 'lOll called it derobic.
What is the difference?
I understood the other one.
I don't
IJnlJerstand what you're saying is aerobic.
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i~'(~mc up.
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I -- frdnkly, I don't know the difference
1
betweerl the cl)mpostlng and aerobic.
I mean,
5
know what an derobic system is, but I don't know
I,
what a composting system is.
7
COUNcrLM~ JACOBSEN: Oxygen or nonuxygen.
a
COUNCILMAN SORRELL: There you go.
9
MR. BROOKER:
I know he knows.
So, I'll let
10
him talk to you or answer that question.
Thank
you.
MR. SNEAD:
Good morning.
For the record my
name is David Snead with Coleman Engineering.
To answer the question, an aerobic system is
a system that actually injects oxygen into a tank
and it helps oliminate the waste product at a much
more expedient manner.
And It's also what's been required right now
on all residential units on Keewaydin Island.
By inJecting the air, it breaks down the
the microbes much fdster 0nd :t provides a minimum
impact onto the soil column.
A 5ys~em that there WGuld be a -- what was
referreci to betore is more of a -- c;f 3 ;1ystem
'_fiat 1'<")1] miqht have in a nati,)nai park.
They are
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::st.."intly Pl<iIl !_.)rf~'dr jr~lj it's ki.r--;d f -- Y'-'1'[..-'
3
almost keeping thp stuff on site and YOlJ ,jispose
4
of it on site as far as -- as using d
a system
s
thd t ',;Olll d
that would do the Job.
You're much
better off with dn aerobic system.
And we've done some calculations on the site,
and I would like to reiterate a couple of things
that we've designed the system using a 25-gallon
per person per day load.
This is only because the state amninistrative
code, we've been told, is mandating that we Use
that.
In a normal park setting, you would only
use ten gallons per day.
But HRS has informed us because it's a
private country club, they want us to -- or a
club, they want us to apply the 25 gallons per
person.
And, in analyzing those figures they also
found that because there was two lots there,
there's actually less of the
of d load en it
than it you ha,j two 2500 squar~ foot h')uses on the
island.
CHAIRMAN HUGHES:
Sure. Do~s :hrlt answer
'jcur questiun?
.
.
.
13
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~''':NI''~ '."!/\N .:~,-;p,HF:r.L:
{,'r.
:":iir. '-\: 'j
I-~HA;_HMAN HIV~HES: Hey, wh I; e "fuu' rc Lt-;-re,
I've ~ot qJestions.
4
30, while you're going to ~o on an aerobic
c
syst~m, is that the big plastic disk gOIng up in
E
the air and spin dnd the manure and it brings It
7
up and aerates it, puts lt back down to dlgest it?
8
MR. SNEAD: Actually, what it does is -- is
9
the waste watec in its simplest form when you
10
when you flush the toilet, it goes into a holding
II
tank, which is for solid waste separation, and as
12
that tank fills up, then the liquid goes into
another tank, which is lhe aerobic system.
The tank is at ground level. No, it's not
above the ground. You really don't see anything
but the -- but an access hatch to get in to
service the system.
CHAIRMAN HUGHES: So, you're bubbling.
MR. SNEAD: Yeah. That's exactly right.
CHAIRMAN HUGHES: Okay. Let me ask you this
quest1on. What's the approximate cost ~or lhat
leach field in that entire system that's out
r.r.ere"
~hctt dctllal!v takes quite a bit ()f area,
w--:ul(j 1''':-1 t~hink:
.
.
7
8
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12
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15
16
17
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20
21
22
_2 J
:4
.
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, 7A 111
,
\i1F-<'. ;-:j"ir..rq": <t t [:,__t" !,
I '~'j _ _ i - - .- t~ '-; '; -;,
itseLf will prubdhly fljll di-,-'Uld $:l(),OOO.
i ~_ .~:
3
probably obviously he more because transpcrting
and doing work 'In Keewaydin CbVlously is a milch
more lClI],istical challenqe for -- for someone doing
,I
5
6
the j,)b.
CHAIRMAN HUGHES: Are you an expert in waste?
MR. SNEAD: No, I'm not.
As far as --
CHAIRMAN HUGHES: Okay.
MR. SNEAD: As far as being a -- a sanitary
engineer, no, I'm not.
CHAIRMAN HUGHES: Well, here's my question
and maybe you have some light in the past on it.
We've discussed it previously. One of the
things we discussed was actually can them, the
waste, put it on the boat and take it back to the
mainland.
You're dbout to spend a whole bunch of money
to develop a, you know, resource on this piece of
land. When -- when you lcok at 20 people, and I
dgree wi th th(~ numbers that you were earlier
referrinq t1J, we woul.d estimate water cGnsllrnption
of d hundred gallons per day per person.
That's :ul2. Use. That's washing machines,
.
.
9
10
II
12
13
14
15
16
17
] 8
19
20
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---. .__. H __.~-.
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'l'~jlpt f'lu~hes ~aw ,lre
t:.j lets dre
3
reguldted to one-gallon flus~es?
Is that what they're at?
4
'.
MR. SNEAD: Yes.
It's d gallon to a gallon
(ind d half.
CHAIRMAN HUGHES: One.
MR. SNEAD: Right.
CHAIRMAN HUGHES: So, the volume of this
waste, at 20 people maximum on the island at any
one point, so even if you put 20 people out there
for an hour, brought them back -- I mean, you
rotate eight hours -- I mean, you're -- which you
wouldn't do, I wouldn't perceive.
Isn't it still way more efficient just to
bottle the stuff dnd put it right on the transfer
boat and pump It up back at the dock?
MR. SNEAD: That question I really couldn't
~nswer. I think it would be a logistical problem
first of all because you'd constantly be having to
run to monItor the system and -- and empty it out.
Also, I don't know if the state, HRS, would
,llluw us to go w1th such d system because th1S
still 1-S d <::cmrnercial-tj'pe venture as opposed t(]
li~:e a -- like .1 state rarK r)r 3 feJer,ll rarJ:.
.
.
.
10
11
12
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14
15
16
17
18
19
20
21
22
23
24
" L
':"',)
, 7 A ff
'~'t'f' -Ir--:-'
: 'Tld'i r;'\'pJlrn ';
I~~!l-.:i~~"'" waste S'/;";;U"ID ,In the pr0jec-:t: bQcc..iu;jP ;'/1-'
3
have the two bathrooms.
4
CHAIRMAN HUGHES: So, we're in _) ,catch
5
twenty~two of law?
6
I1R. ,3NEAD:
it c()uld be, yes.
7
CHAIRMAN HUGHES: They' v@ actually bent ,over
8
backwdrds now to be neutral envirorooentally uS
9
much as possible, and now we're forcing additional
luw -- I mean the law is forcing all this?
MR. SNEAD: Well, as far as the law forcing,
it's -- it's a matter of -- of -- we think that we
could do the job using only ten gallons per day,
which the state administrative code says for a
private park or beach -- not a beach so much, but
private park picnic areas, that's perfectly
allowable.
But because it's linked in with a commercial
development, the staff at HRS has already told us
that We are going to have to design for one and d
hdlf times the amount of -- of normal design that
we've designed to.
CHAIRMAN HUGHES: 'Jkay. Thank you.
MR. SNEAD: Ckay.
r:HAIHMAN Hl...rGHES: Other cr"':,"rnment:S'.1
.
9
10
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12
.
13
14
15
16
17
18
19
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21
22
"::3
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- 5
7A,rat
': -;r I;-'~I' - . ,{.J'-'Mi\.."J I j[ I:~ if 'IN:
'l'P.'; .
This is for ('lay.
~ :JU had -- i_1l the -- 11,
3
the materials, y,)U talk about having C'le stalt
member on site dt <11l times when it's being
occupied.
Is that correct?
4
)
b
7
MR. BROOKER:
Correct.
:3
COUNCILWOMAN HUSHON:
Given the fact that you
can have beach landings and you're trying to
prevent dock landings, I see these two -- It's
~ind of separated pretty well.
In addition, you have to have somebody -- you
talked about having somebody kind of monitor
actions on the beach to make sure dune aren't
being trod upon, et cetera.
That sounds like this poor person is running
around from one end to the other and in circles a
bit and may not be where they need to be at the
right time.
I'm Just asking -- logistically, I can't see
how to do it.
The only other way I could see how
to do it would he to hdve some sort of d ~emote
oamera system, and that -- thdt's the only other
way, so that somebody could mcnitor the dock
wi.thout ~1ct1Jinq t.o be rj')Wil thpr~, t;.eC31J~JP ~/']Il will
.
10
II
12
.
13
14
15
16
17
18
19
20
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=4
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7A ~I
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:nd:.;;ler, tlJt Y:i]J wi; 1 havI.!. d hC)dt L',3.pL:-t LIl ~"':l(->n;
j
bl)dt comes in, who will tie up, who could !)pen the
9ate, who could Ip.t the people in __
MR. BROOKER: Ri9ht.
4
6
'~:OUNCILWOMAN HUSHON:
those good things
MR. BROOKER: Right.
COUNCILWOMAN HUSHON:
so that the staff
-- who woulrl do all
7
R
9
member might not have to come down to the actual
dock at the time. And I assume they'll be in
walkie-talkie communication.
But, visually, there's no -- when the dock
master dock captain, boat captain, is not
there, the dock is unmanned.
In addition, the
beach side, we all know the people anchor off the
beach.
I'm very worried because the developments
have sold marinas as one of their big features So
people are going to have boats.
r mean, let's face it. That's been a selling
point of the developments, people to have boats.
New they're (]oing to be told they Cdn't use
to boats to get to where they were told they could
]Pt to. So, my glless is th~y're IJoinq to try to
.
.
.
10
11
12
13
14
15
16
17
18
19
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21
22
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Now, what l~-) thdt poor pl~r.3i)n '....hc -".::i 'lj
,
~
f~\)ing to lio when these hoats pull 11P on end A or
4
end B and they may not eVen know It until after
s
they've disgorged the people that they've done It?
"
r don't see where this person, this one
7
person, has a lot of ~lout.
8
MR. BROOKER:
Well, what
and -- and you
9
make a good point.
You know, it is a thousand
foot long property, and so, running back and forth
up and down the boardwalk might not be a job that
I'd like to have.
And I -- I think maybe there 1S a couple of
ways we can approach this.
Perhaps it's at a
certain number of people that staff
there must
be two staff persons on the property.
What I'm -- what I'm concerned about is if a
couple, two people, go out on a -- on a day and
does that -- is that going to mean we have two
people, two staff persons, and -- ilnd if that's
your sU<Jgestion and reconunendat,ion, ~hen we' 11
take that to heart.
But perhaps there I s medium. ,]round we Cdn
reach when d certain number (J[ pec;,ple -- '",hen it
rp.,aches d cer,::ain number of pec'ple, you've j:jS7.:.
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'....',. ') 1 d r'l': :..::unlet
','n thj :,:; -;'Ji',
rt's a pretty touqh job it Y'Jl1 tave t,) ;3t,lnlj
up dqdin~)t ::~om02t:::'ody who cnmes swa.qqerirlq in i-ind
:3i::ljS, I
! own a pio(:e ()t tllis an,j I ~l~V~ ~I
rlqllt t(~ be there.
They I re nlJt IJC;' i nq to he db ~ e
te' take trldt perS(in e.n.
All thl:~Y can ,io is literalLY tdke dc'wn :::;omc
information.
And th"y may not even qet the
person's name.
The person may say, I 'm jl~.st not
qoin9 to ~el J_ j'ou.
MR. BR00KEJ1:
Well, I kn0w that with n~rJard
t,) the SW,~-iqgj~rj,n9 'IUY who anchors off dnd comes up
dnd '-;,)'1:::;, I ';n l.]ui1')(1 to IIse y')ur bat!lrnC,m
r('q'lrdLE:~:::; .'t Whc.t-rH'.'r ,/':1\1 Sdi
('01[': ,-,r n<'t, I},j"h
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,1.n:'/Wd'y', 'j'cu' r(: V11~,}dtion;f r!"-LC rules a:o,j I'm
torl:ed La r(~port you if YOlJ're going ~u walk riqht
thr'J1lqh me 'in,j :jS~ ttle pr':iperty ,JIlYW3Y.
Tha tIs hc'",; ~ve fc r(~spe 1. '::, so TtJe I 1 J bi?
penall.:ed u.nd~.:'r these (:lrcumst:::,1n\.~=f-?s, hut S','.' will
the: p(~rs'-.)rl 'who thinks he '::o3n brer~1k the ruLes.
CHAIRMAN HUGHES:
Anything else?
COUNCILMAN JACOBSEN:
Do we have any public
-,-_~m.rr;cnt (;,n thLs dt lli;'
CHAIRMAN HUGHES:
We're qoing to qet to that.
':OUW:ILMAN ,'ACOBSEN:
Oh, .]ka,/.
':H1LlI\MAN HUGHE:3;
When we're (j()ne with tIle
h~',Jrd, ; 'm ')Clflq tr) add rr,y tW() ,'~('nt:'.; no',..;.
I ( r :,,~,_' :,:-l]\U
1~t.'N: ~.lAN :
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m!nPL ~ '~h'/'J;l!~.
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Ad I ;'!let.
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Ttldt Uiil1'J
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'{'))]'LL lit;'df.- nl"'~_!-,i_n',l n>_'~i:C' t-h,ln (crt"!'r,
crrrrr -- that':i dll Y'Ju'll t1~ar, ilt~rJ~ly that
c
l'_""d.
(.21
C'JIiNC I LMAN PENN n1AN:
Okay.
10
C~rAIRM,'\N IW(;HES:
iUl rqht.
'~'he .i~:.3ue ab:::nJt
11
crowd disturbance out there is r8al.
Generators
are ridi;ulously inefficIent to rUn lhat.
13 The so~ar I~ell aspect ()f this thing prcbrlbly
] 4
could run it most of the time.
It.s when you go
, "
.~
to these septic systf'ms and you've 'Jot pumps dnd
16
real motors running, nl)W you're Sucking energy
17
like a stove or a water heater does.
18
Boy, it that's -- again, if we could get rcd
19
of the ~epti(:, YO!lr eIlergy requirements out the~e
/IJ
.)re next to nothinq.
l'. ,
.-"\lJ.
L i qr~ t .
_"\/1:; ~':I~ Idc~c1 ::h,:.:t-. '/;~il'I'P
c,
hLj t:- I ri'!
j, '.....fl ,~t !ll'lhi-, ']'("'Il'rC' I fk:ir.'1 dl~
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'T'<-_' .:;'- l! '1
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4
,;ll r qht,'
:)(), -~~ wi~t h.:,'p 1.,'-' miniml:::e ../...
i\~ l r: ']/1 i_ .
Nr:W, l,,~.t' ::~ l-.i:':dr ,_'t.r.\:-r -,')mment_'
tr-)ll1 rr-:e ~,ubli('
"
,
MS. AF.AQUE:
I-;,kdj.
;he tir:)t: sp€'dk(;r '-0;
2
,4nthcny P:re:3, and after that will be J. P.
";
van Dongen.
10
CHAIR,'!AN HUGHES:
How are you'? GClod morning.
11
MR. FIPES:
fUle.
How are you, Mr. Chairman,
12
members () [ the commi t tee'?
13
Thank you very kindly.
My name is Anthony
14
Pires, Cr. of the law firm of Woodward, Pires and
15
Lombardo.
16
And I apolog1ze.
I have A cold that :ikes me
17
very much.
r'm trying to get rid of it, but it
18
just has thIS certain affection for me.
19
represent the number c1' individuals who nwn
il
tte pr(,p~rty (In KcpwaydlD as well ~s dII dSs'Jciated
,Ie ~up ('1 in.Jiviriu(jl;; that "ire:' {~Xt !1.'m('Ly (~::)n='S'lT](.'I.i
,l}( 'Jt t~hi,'3 ,_q:!-'ll':"d1- '('fl.
~ -'
~..;,~ i,'iCr.(~ :;(>r(~ (10')Ut d ~'edr .1'J() an.'] we liP her~'
",f 1 i ~":"'rl'.lS >'=', ::; l'.Fl i t ~ '>i!-: t _ 'i,
ll:: 'P j r: l.'Jr. 1")
r: ,... !', " r. 1 ,\ jd:j ;- lc,lll1 '/ -h,l'j'T(~' l.
7A lit
.n." J
,c
----1
I
b(~dr WI +- h rn(~ t,) '_V1 thr'-l!J(]h r.hi~ i'lppJ LCdt.J'~)n .jI>l
J
';crne of the dSp"cts of the staff report, I think
4
Y01l will see that this 1S d qreat illusion.
;
The aqreement with the EP is illusory.
Th'=
(
COllCPpt we believe is illusory as far as the
7
impacts on the island.
There's been no real
8
analysis of the impacts on the island.
9
By way of example, Mr. Brooker has said
10
there's no regularly scheduled trips that's
11
articulated for this particular operation.
12
And what I really hear developers'
13
representations verbally, your developers'
14
representations in written materials.
15
In developers' representations, are they __
16
they have all the asterisks, all the disclaimers,
17
don't rely upon this stuff when you buy, but
18
you've got people who have already closed on half
19
a million dollar units at The Cottages.
20
They're going to be closing on the hotel
d
units, they're going to be closing ,)n the other
')')
Ilnlts in thp Upcoffilng jedrs.
;~' J
iau also have the ReIldissance Villdge that's
2 j
nuw bt~ j nq s() ld.
Beach Pavilioll advertisemeIlt
H
,:..J
!-lulled off the 'Neb .sii~ May :lrd, ":(~liJ'7.
7AlI
....----,
0,
r, ;~
;,;-1'
.'~,\.Jtl-_!f':' o'_'I'/) -p f1ttec:, r..'quLar',! sl:h,:"dulpd II..,
j
to exclusive Keewaydin Islan(i.
4
I'd like to slJbmit this for" the record.
It
5
mdY be hdrd to read.
It says in black there.
It
to
S,)}'s rif}ht up Lhere, from May Jru, ~lJtJ7
7
COUNCILMAN -JACOBSEN: Ali the way around.
8
COUNCILWOMAN HUSHON: No. All the way.
9
CHAIRMAN HUGHES: There you qo.
10
MR. PIRES:
I'm getting vertigo.
Il
It may difficult to read, but it says that
12
regularly scheduled trips will be part of this
13
process.
14
So, I heard what Mr. Brooker said today, but
IS
you know, what's interesting, too, the application
16
doesn't say there will not be regularly scheduled
17
trips. It leaves it wide open as to how it will
18
be achieved.
19
If I could make this a part of the record?
20
Addltionally, we have the lSsue with regards
"
L'
to how wiJl people get there?
0"
As you recall last time, there was ,)11
~j
d,jvertl~emerlt and marketi~y materials aqaIn that
~4
was JtiLi=ed wi~h rpgards to h0W they will qet
-'[:1
thert>.
.: 3
~4
'c..
"~
7 A ill
r:
""
,
. f"
t-' r
"
;'
r."
,.
,
~
of the IP\>'1[d, tr"m .A.pr ~; ls!':,t ',Jilr-" j~_'~~,:; L.
.3
the ,:lllh and ma.rlna; a prlvdle marl!ld (j1:t0~S lJUdl
4
rentals ~nd shuttle serVice to exclusive Keewayrlin
,
,
Island, perind, in addition to c::harter boat
b
acce:ss, residents who prefer to captdin their own
7
craft can lake advantage of boat deck ownership in
8
one ef Naples Bay resorts 97 slips.
9
It's a May 1st -- April 1st, ~()tJ6 ad.
10
December 14th, 2006 web site ad.
Exact same
1 I
language.
12
The club and marina in Naples Bay Resort.
13
I'll make these all part of the record.
14
A private marina offers boat rentals and
15
shuttle service to exclusive Keewaydin Island,
16
period.
In addition to charter boat access,
17
residents who prefer to captain their own craft
18
can take advantage of the boat dock ownership at
19
one of the 97 slips.
20
May 3rd, 2007, web site, Naples Bay Resort.
,~ 1
The club marina, the exact same langllage I read to
"
"-.L
you trom April 1st, 201J6.
Liecember .2 006, Ilothir.g
has \:hanqed.
I would sllbmit to you that's how people w1Il
Je t ctc.:ccs.s.
ppnple are paying big dollars for
7 A ~11
f!(,.;..:> ')):
.'-,
.> ~j ';: OJ,;
l' j:'
--I
pur(:hcl:~e pr"J .~ f'_if ,'lilh :nerr.bor:-;hlp.
J
4
And thf> materials I hat are out there sri ,1
,
.'
reflect what we've alwdYs been concerned about;
there lS no real limitatiun.
"
And the> other llmltdticIl that's been taH:",j
7
about is limitation an the property.
We've never
8
9
~een the phrase limitation on the island.
Mr. Brooker today made a statement that,
10
well, there won't be more than 20 people on ::he
11
island.
12
But. you know, the application doesn't say
13
it. The dpplication says 20 people on the
14
property.
And that's consistently been an issue.
15
That has not changed.
So, again, they're gone
16
from 56 to 20, and that's all that's changed.
17
What you also have, you don't have an
18
issue -- you don't have any analysis of increased
19
boat traffic.
:~ I)
Through the application and through the
presentation, there's been this representdtlon,
~)
dccurat-ely so, that they have ,in approved doc'k.
2.3
'Jut ::he r:xi:3t lng approc'r:d clock was dpproved by DEP
'I
~s a privdte, single family riGck anrl boar1jwJlk.
,~ 'J
f~'her~' S dT1nrher cr 1 tel 1.'1 I.".'F:P 1--,,':15 wi I~h rp,]a.r1js
17A
1
~,;)f,,'
~-l .'! 1'"' "j t-
~ - ""'
I
I
A slnqlf~ fdmily home In t:'he l;.,tdnd i:.:; nlr:
J
going to have a boat shuttle going back and fo~th
'1
regularly scheduled or at call, however it's goinq
,
.,
to be.
e,
'fhere's been no dIlalysis, and again ~he
7
impact on the island has nut been analyzed
8
properly or submitted either in the applicat10n or
9
by the staff.
10
One thing we will submit that they will need
II
a submerged land lease, but thore's no indicatIon
12
in the application that they've even applied for
13
one with regards to the modification of its use in
14
the original permitted, single family dock that no
15
longer exists as the utilization of that property.
l6
Once again, as far as the use of the island,
17
once again we don't believe there's been -- any
18
real an analysis study or valuation of the
] 9
intensity of use.
20
The focus has always been in the material,
~l
the structures, the facIl1ties. You know, there's
.?2
merely a bare assertion that since the structure
.~J
w1ll be located on two lots, the impacts from the
24
structure are much less. That's in the EIS.
25
The ErS Ignores the use of the island in the
7
8
9
10
11
12
13
] 4
15
16
17
18
19
~o
: I
""
: 3
.~1
',r::,
7A11
I"~
't 1',
~. I ,j'- ! f I; t
b' ': is ;Jnd ~t-"dS':".
3
Anu I would subm1t to you that that d~~rov(~d
duck shouldn't even be IJtilizprl fnr ttli~
4
,-')
,3rticlJlar u~e because It'S dO increase ,',ver he
t,
,;::;~_t:rer wi se previou~') 1 Y In tended Use fnr
residential.
Under D~P'S rules and regulations, Chapter
12 -- excuse me -- 18-20.001, Florida
Administrative C.Jde, in the definitional .section,
Chapter 18-20.003, Subsection 8; a commercIal,
industrial and other revenue generating income
related docks, means docking facilities for an
activity, which produces income through rental or
any other means or what serves as an accessory
facility to other rental, commercial or industrIal
operations.
You heard the testimony that this is linked
to the upland development.
We have this linkage.
And, so, I would submIt to you that utilizlng
the ~(~1:8unts l11dt we h.Jve an dpproved existlny
j(j(:k \:JnCt~ ..i:lja 1n meciI1S noth '- nq ~n the context of
thlS dpplic~tion because therp's I]Olog tu be an
Inten3ificdt~on of :ltiliZdtiun of ~~ldt taci~itj,
u1d there's bePD nl) andlys.:s (,f the b':d~ sr.:Jttlc
;,
l
23
24
25
~ 7 A
1"
I~, .
j .~,'! -" I . J' , . ~ ,j i . ' J ' ;
There 'wOIl' t bt~ d.ny C()I'lpl i;i1eo; -Ir/ b'':'d''h I.:h,:l i.r.3.
3
4
Now, I'm not the mdrketing guy.
1 'm not the
marketing people, but on May 3rd, 2007, under web
slte, that's the retreat they printed dnd I blew
it up on May 3rd, 2007, Keewdyd,n Island, Beach
Pavilion -- beach pavilion, privdte shuttle
service, double asterisks, transportation schedule
to be established, both J90 feet of pristine beach
frontage, boat dockage.
Why would they say boat dockage if it was
just for the shuttle?
And, lastly, complimentary chairs and
umbrellas.
Now, I'd like to submit that for the record.
With regards to the proposed agreement that's
articulated with DEP, again, that is illusory.
We hear all the statements that this
footprint of the building can never be expanded,
it can never be modified, but every part of every
dq-reement, Lt's important4
And, also, Mr. Brooker stated that the county
would enforce this operations manual throu9h code
enforcement.
I'm cl1ricus how t.hat will OC(--:~lr! sLnce
5
ti
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
7A ~I
! ,. '[I I ,-F";' ~ l 'lIP:)" r ,t 'f
):-:;p
t:' :.
Thp[~'S not t-'vpn -:in .llldl'l".~.s 1:'::; tu how O1d,r
]
peop.ip couLd use it.
,
You know, there's no cap.
4
Thp membership and the clLb can be IIp to 7S0
')
memberships and as well dS dd~ltiorldl memberships
f)
that the developer wishps to 0[[er,
/
8
By the way, this appl1cant wIll not be the
~wner of the club facilities.
,
There's another
')
party called Knights Bridge Partners that's In the
~
10
recorded document, who is not even part of this
f
application.
II
12
With regards to the, once again, the state of
13
limItation is only as to the property.
14
I appreciate Mr. Brooker's candor a year ago
15
before the committee when he stated, quote,
16
obviously, we cannot control the number of people
17
on the entire island.
18
And that's part of our argument.
You cannot
19
do that.
You know, they're 20 people on the
~o
property IS all they're saying that they will
,~ 1
n-2(!uldte.
n
_L
In regard to th(~ Cdlrj.lIlq capu..:i~_:y o')t the
.cJ
sland, there's been no ~n~ly:~]s, dnd we're
>1
~,Jri(:erned that that wl:l be severel; l:omprornised
2S
ty vi rt:IJe ('1 this.
16
17
18
19
20
.21
Yo
L~
23
~q
'c
7 A tf
'-~ '
_'r't
Ii: ~' T. ,'.., , 'rJi '.- 1"1"" f i-l.-
--,
I
,~
ver"v q(J()d -.lPi....rarl..';.1 If tt-,n.t fdCL1:ty. We' rr~ ~,
3
huge problems. That is d hole y()U l:an drive tour
4
semis through, I swear.
5
And, once aqdln, it. doe::::n I t preclude any
b
change.
I mean, it allows for changes to occur to
7
that ~greement w1thout any input, without any
8
public hearing, without notice to anybody. That's
9
between the developer and DEP.
10
And, again, that, I believe, is significant
II
as far as what assurances are being provided with
12
regards to the no impacts on the island.
13
And, again, it also applies to the
14
conservation easement.
It's an agreement. It can
15
be negotiated.
It can be modified. And, so,
there is no certainty.
The only certainty that our -- my clients
believe is that there will be adverse impacts on
Keewaydin Island from any approvals to utilize
this in this particular commercial venture that is
being put forth.
Once again, the ollly thing that we think is
changed is it's gone from 56 to 57 to 20. The
square footage ot the facility has changed.
Bllt, once dgairl, there are ~o cap on
7A 11
It'r .. ~ ' <'
I,..'
,
j '0 t:-'ll: ;.:-,,'
----1
I
:;p,jer the ,j{Jrel,::,ment tr\"m DEP t() '-hf~
~lb "':Wfn-'~'
,
J
saYlrlg you were ha(i, somebody was bad, tIX up your
4
act.
s
How is Coll.:er Count'! -- d''Jes Collier Ccunt'!
"
n0w have to comply with that dgreement in the
7
operations rndIludl for notice requirements for code
lj
enforcement?
9
I'm not qUIte sure how that would work.
10
But even more interesting is Paragraph 17 of
11
the revIsed dnd restated agreement that's in your
12
packet.
There's no page number unfortunately.
13
It says, DEPRBNERR. And Basil Street
14
Partners agreed to negotiate in good faith any
15
amendments or changes to this revised and restated
16
agreement or the operations manual that may be
17
necessary for successful completion and operation
1 8
of the beach facility.
19
Now, you're going to have all these people in
20
Naples Bay Resort, The CottdgeS, the hotel, the
.,.
"-1.
quests (jf the hotel wi 11 be e1ig1ble to utclize
~~2
lhis taelllty, all the pe(1pJe In RenaissaIlce
,? J
Vlllaqe.
They will be clamouring for greater
.:2<J
'-;tilizdtion uf this particuldt facility.
,.
cJ
~~Cr, '/UIJ have t-he Jbi1.i.ty for thp dev~..Lcper tn
20
21
22
23
24
25
~ 7A
l~..
Ji~
I To'
. wn~. ~
,
Island, and I re....:()qnl~~('~ d llll nf" tace~) fr- rn r!:1
3
t1me ldst year.
4
My stance has not chanqed, as I believe this
5
petit10n has not changed.
The -- tile basic LSSlle
b
here is utilization.
It's human lmpact. The
7
footprint 1S not that Important in my -- in my
8
respect.
It's actually what -- what are you going
9
to do with this island?
10
Currently it's zoned as a single family
11
residence that you can put actually two on those
12
two lots, on the average about two to three people
13
and a single family residence perhaps.
14
What you're proposing here, what is being
15
proposed by the petitioner is 20 people at one
16
time, which means -- let's
let's give them a
17
break -- maybe two, three trips a day.
18
This is a hotel facility, rentals. People
19
are going to want to go to their private beach, so
it's going to be highly utilized. So, we're going
to have at least 60, 70, maybe even more people
just on that shuttle.
Then I must remind you that the beach, which
I don't have to tell you, is a public piece of
land. So, any boat can come lJp dod anchor there.
7A'11
t,1r ;"::1'-
I f-""
, ~ ': .' 1_,
!ll, ~dp )L the rl11mb'2r ~)f t r rp::i. Thert~'s ht::,..lll ri'
dfid":"'iS1S on the flllll1J:)er -..Jt tLipS. There's been no
4
analys<s of the 1mpact on the system of all these
s
people ,~ornlnq dnd going on this system and on thp
t~
rlune systems of thjs island.
7
Tl1eretore, WR would request, respectfully,
8
that you make a recommendation that this
,~
application be denied in its entirety.
10
Thank you.
11
CHAIRMAN HUGHES: Hold it just a second.
. ,
1L
MR. PIRES: Yes, sir.
13
CHAIRMAN HUGHES: Who do you represent?
14
MR. PIRES: A number of 1ndividual property
15
owners on KeewaYdln plus an associated group of
16
property owners; J. P. van Dongen, Jim Jentgen,
17
and they may also appear today.
18
CHAIRMAN HUGHES: Okay. Okay. Thank you.
19
MR. PIRES: Thank you.
20
CHAIRMAN HUGHES: Next, please.
.' 1
MS. ARAOUE: Okay, l)ur I1f'Xt spedker IS .T. P.
.-, ?
Vdn [Jnnqen and ,.i.fter that '0"/111 be Kris Tc.mblin.
~ :1
MR. VA."i Di)NfjEN: GLJud morninlJ, ladies ,:1nd
2 ,~
I]l".'ntlemen, I.:-hairman.
"-:5
My ;Idmc is,]. f--'. '!,;in DUrJqen.
11m a resl.i,::'nr:
,
7A~1
N, '''.j'; ":,' ~H' i . j'
:.;t (
( ,.-,'
____C__.....]
Tht-'y ",'in lll:~~ il :~;j,;dqe dl L theJ.r r~.t";r!p ,_I[; j
Cj
they're q01ng to do so. They're gOlnq to rent
4
their boats and qo down there.
,.
)
So, suddenly you're gOillg to have perhap:i
o
upwards of d hundred people a day on th1S one
7
facUlty.
f3
I -- I have a concern about that. This is a
9
fragile environment and that's one of the reasons
10
we bought there. We respect the environment. We
11
try as best as we can not to have impact on it.
]2
And I -- I'm not sure that anybOdy can
13
control these people. They're going to be
14
transient type people that don't understand.
15
They're coming out here for an educational and fun
16
experience.
I respect tha t.
17
Having said that, to have a state employee
18
under the -- under the Rookery Bay who's already
19
overextended w1th this hundred thousand acres that
,=0
he's meant to be monitoring, come and pOlicE> a
21
pri.vate club, J think, is perhaps unreasonable in
22
my VIew.
I don't think this is gOIng to happen.
d
I think the petitioner could stand in front
,21
of you t(J(jay and pr'Jrnise two people there.
It's
~5
[ji)t going to happen. There are gl~Jnq tu he
16
17
18
19
20
0'
,';'.1-
)~
de
:=3
24
?5
7APlI
1
r: lndr nr1;-;
i r;:('np r:.> .)I;r +-'lpr.::>.
!,pf ':-:; !J" ....,.",.):
A,-; to quotp the ~hd i ~ma.;; her.). t~e LdSi ~ i:T"
j
humans are humans dnd we <1Ll know what thdt means.
4
CHAIRMAN HUGHES:
Yes.
s
MR. VAN DONGEN: And, so -- dnd my concern is
b
th>s intense use, the unenforceability of this,
7
and then, lastly, which we'll hear from -- and I
8
have a letter here, which unfortunately didn't get
9
to you beforehand, but I'll quote very briefly
10
from one of the property owners out there, who's
II
following this interestedly.
12
His property is currently on the market as a
13
single family residence.
He's been approached by
14
a developer.
If this becomes a precedent in your
15
hands by approving -- by recommending an approval,
this is not going to be the last one.
The 52 private lots out there, say even half
cf that, just half, suddenly you've you've
we're saying we've got over a thousand people a
day on that island, 360,000 people a year.
That island Cdnnot tolerate it, not 1[1 the
environ~ent we want.
It's a jewel.
it's a
Collier County jewel.
Please protect it.
PLease
recc.iTIunend fur disapproval ()f this turn -- this
rejection ot thIS petiti0n.
10
II
12
13
14
15
16
17
18
19
20
~l
"
~~ .f-
=3
=4
H
~~
7A tll
"
I: IjPr\/ mill h trH 'y"':.i[ t. me.
~
,'HAlkMAN 'IU(;!IES: '~ild(lk 11("1.
3
N~xt .
4
MS. AR.AQUE: Kris Tombl1n, dnd then dfter
j
tha: we have James lJentgen.
6
M~;. TOMBLIN: Good mOrn1ng. My name is
7
Kristina Tomblin.
I am a resident of Ccllier
8
County and I'm extremely concerned about Keewaydin
')
Island.
We've had a home out there since 1989 and
have enjoyed all the unbelievable treasures that
the nature has provided for us. We respect it.
As a matter of fact yesterday I stood on top
of our walkway and looked down and this enormous
armadillo walked by.
Two nights ago, we sat out on our porch and
and saw three deer walking by.
If we allow this influx of more people coming
onto the island, none of that will exist.
I also have some serious safety concern and
one of them is -- dnd perhaps I don't understand
the pOlitical system completely, but I Ilnderstand
we do pay ~rernendous prlJperty taxPR, or not I
I~:lde r stand.
We do pay tremendous property t3xe~ r1n Ollt
I
16
17
18
19
20
:'l
r);_
':;::;1
.' 5
, 7A',
~,,-'.... :,./,j~) f \r I:,-!."::-l!-; t>-;., Dr-IV] i.eq(:>
., 1
-- '____1
+- ~I.-:!:~.
.:<:1, I Ul(ll~'J~lt thdt- rdrt 'If . .'1(~ r_,J.X~:' -t: ,r
we pay qn for some -- qo tnwards some sort t1f a
4
safety systpm, be it d monitoring or police or
)
somebody who would C()ffiP dnd help us should we nl'ed
"
It.
7
My second issue is In regard to if an
d
acc1dent were to occur, how would it be treated?
9
And as a matter fact, we had a very personal
10
experience that in September of '06, we had a
11
serious accident at our home. And I called 911
1/
and asked them to come.
13
911 said, we're sending an ambulance.
14
And I said, sir, this is an island.
You
15
could only get there by helicopter.
We need a
helicopter immediately.
I gave him what the county had defined as
numbers out on the beach, which had only been
there for two years, completely faded out.
I gave him the numbers he tween which two
numbers that we were, I fJdve him the markers in
the waterway, I gave hIm all sor":s nf possible
J
iJentifications.
It t()ok him ~O minutes tl) fly ~ver, back dnd
fi)[th ,.Y\/er the island, dnd by the ti:ne I_hey
,2
Tt~py snid, ah, W(-' heard th(~n' was some <iJl:~"
, 7A ' 1
.11-' '--l
1
d~'r-i-~~(l'i, l sal..J, l[i'?r(~"; hp\.lf] d S<--'r:
-.
who fell overboard from a boat.
4
Now, that shows you that I don't think there
5
IS a lut of systems involved as far ,~s should
6
there be an accident, and I think this is another
7
reason we have to be very concerned with because
8
the people who corne out there are not all very
9
cautious or respect where they are.
10
I do believe at this point that this whole
11
issue should be discontinued and allow the island
12
to remain a pristine environmentally sensitive
13
island for the sake of those who appreciate It.
14
Thank you.
15
CHAIRMAN HUGHES: Thank you.
16
Anymore?
17
MS. ARAQUE: Yes. We have James Jentgen, and
l8
then after that, we'll have comment from our staff
19
member.
20
MR. JENTGEN: Good morning. My name is Jim
21
,Jentqen.
I'm a resident of Cullier County and a
22
homeowner on Keewaydin Tsland.
:~ J
Also representing my immediate family, the
.>1
last two contiguous lots to t.he sOlJth of this
~~ 5
proposed project.
7A i'
'OP(\:.~!' f-!I;.~ .'.'mm>->r,-I.jl: '.-Itl,t-; -t 1-:;- \'
: ;-..;land.
r thlllk il's )PPfll;tq P,:H1dord':..; bux.
'L '.
3
'Joinq to be d1tt1,:ult to contr<)I.
4
I've bpen approached with the~e two
:;
contigwlus luts by a number of people wishin,] to
(J
<jc the same thing. And I have steered them away
'7
from it.
8
But 1 think one thing that we have m1ssed
9
here, too, lS the intpnsity of use.
r admire the
10
fact that the developer has gone from 57 to 20
II
people and certain other things.
12
But I suspect there will be not one shuttle
13
but there will be one leaving and one coming
14
continually. We're talking about 750 plus units.
15
And, more importantly, these units aren't
16
going to be sold to be full time, to be
to be
17
single family residents, full time or part time
18
residents.
19
I think almost exclusively they're going to
20
be sold to let. They're going to rent them.
21
There's gl)lnq to be a constant Lurnover, rent by
.~ :?
the day, rent by the week, which means when this
:'3
is cJffered to those pcopJe, everybody who comes
.:'4
there is going to want to lltilize something like
-,
':::'.J
r-his.
It's very pxotil:, whil~h means d hl~qe
7A ~I
multiplr>
'wn..' r _'~h L p.
--'--.,
!
)
Feop.lp who lIve in Cullier (~()unty, resldr:-
Coll1er County, are gOlng to use it o2caslonally.
4
But 1f you're a tourist, and I'm talking
r
,
about as far as I know all 7S0 units arp probably
Ii
not going to be resident owned. They're going to
7
be owned to rent.
8
And that 1S going to multiply the intensity
9
of the Use by a factor of ten or more, I believe.
10
So, 20 people at any given time, but many,
11
many times a day, many days a year.
12
I also think that the -- I forgot my train of
13
thought. But in any event, as I say, it's going
14
to be hugely intensive use, and as I suspect,
15
there will be a shuttle coming and a shuttle
16
going. In any event, I think this is a bad
17
precedent.
18
I admire the developer for cutting back his
19
numbers, but it's still way more than the island
20
can stand.
21
Thank you v~ry much.
22
r:HAIRMAN HUGHES: Tr.ank you.
) 3
MS. AFAQUE: We have staff comment.
,_4
M.'3. W:LKIE:
For the rec()rd, Kristen Wilkie
.25
with C()llier I:ounty EnVlronmentdl SerVIces.
14
15
16
17
18
19
20
21
,~
~__L
:::3
21
"
L .J
7 A 'II
1'1:;t- W?!r'f''::>\1~' ~; lr; f'i i:~ "~'q,.tl,L-i t +r'
!
(~I)nSerVi11-l()n pasemL'nt, the c<')unt\( requiremf'Ll
J
the preservati!Jn is ten percent, EiO that I 5 only
4
.43 acres. That wOllld only qo Into Collier Count'l
s
as conservation edsement.
That will be dedicated
(;
to us. The remainder of that cun.servation
7
edsement would be dedicated to Rookery.
8
So, I just wanted to make that clarification.
9
And then also, under the revised and restated
10
aqreement, Number Il, I'm goinq to have the
II
planner qo ahead and reIterate.
12
MR. MOSS: Yeah. Good morning. John David
13
Moss, Department of Zoning and Land Development
Review.
In the agreement, Number 11, there's a
recommendation that Collier County revoked Basil
Street Partners conditional use permit for the
property if they're in violation.
And I just wanted to point out that the
conditional use would actually run with the land
so that this wouldn't be possible, so perhaps some
other penalty could be provided for that
proviSIon, Number 11.
CEAIRMAN :-rUGHES: Thank you.
Is that It?
7
U
9
10
11
12
13
14
15
16
17
18
19
20
:~ 1
22
.= .3
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'I" .Wi II:: F::
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:"t-l:'t
rp,' ':!ImprJ'l'':i
lPU1.( 1/:1.
':',lndl" ':-;:1,11 !l;-;e te'! th,~ Keewayrjin L:;l,]nd N"-lP!':','~
]
4
Bay Resort Rpach Pavilion with the follow1ng
conditions:
Stormwater management has o()ne,
~
environmental, there's a list .'1erc.
All proposed i,mprevements shall be ciesiqned
in accordance with the standards of the Flor1dd
Department at Environmental Protection, Division
of Beaches and Shores and an approved DEP permit
shall be obtained and copies provided prior to
issuance of a Collier County Site Development
Plan.
t
Outdoor lighting plan in accordance with our
Land Development Code, Section 30402B, will be
required at the next development order for review
and approval, and updated the list of species
surveys shall be less than six months and must be
provided at the next development order.
The petitioner shall submit copies of any
necessary agency permits from the commission for
gopher tortoises prior to any site development or
building permits.
A permanent conservation easement (jedicaterl
to the county will be requir"ed over the preserve
w1thin 90 days of the next development order prJ0r
7 A ~I
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, ~ ,:'
.1 j (j(~ r ,.>::; t: ha r: We'll Ld [-'f' U'd r .
3
'fhey would have to provIde on their Site
4
Devel()pment Plan a staqinq dred for rnnstructiun
5
ct equipment and the impacts to lhe drea along
,~
replanting and re vegetat10n pldns.
')
Any other additional or updated environment
8
permlts or information as required in the Land
9
Development Code will be required prior to the
10
next development order for approval.
11
And correspondence with the appropriate
12
agency is about the panther will be required at
13
the next development order as well.
14
MS. ARAQUE:
Okay. We have further staff
15
comment.
16
MR. LENBERGER:
Steve Lenberger,
17
Environmental Services Department.
18
Just a little clarification. As far as the
19
preservation requirement for this site, the Land
20
Jevelopment Code re~lires ten percent native
21
vegetation preservdtion.
2:2
A~ far as the 3T requlat ions, the ST
;':1
regulati'Jn~ don't have a speclfir preservation or
,c 4
impact rE?qlJirernent fCJr this site.
Tt's whf_lt's
,r:
j
e'j{::: dAterrni.ned Jurin~l the public hear]nq r---'l'.Jce.:::s.
7A fll
(:H}\~l:'-M..i\.."'I HfJ(:~;:'::;: Theink ./( 1.
M~. ARAOUE:: .'3pel_:ldl tn'cii:menr t'u~
3
cla.rifi(:atlon.
4
CHAIRMAN HU(~HES: Thank 'Iou, Steve.
~,
Ad.ditional comments?
6
Is that it?
7
MS. AF.AQUE:: I ,Jon't have any further public
8
comment slips.
9
CHAIRMAN HUGHES: Did you want to say
10
something before we close?
11
MR. BROOKER: Yes.
12
CHAIRMAN HUGHES: Go ahead, please.
13
MR. BROOKER: Just a few comments after
H
hearing the public speak.
15
Number one, advertisements like these make my
16
jOb painful.
I was unaware of this.
17
Obviously this was created at a time when we
18
were proposing the first go around. These are in
19
error, and I will at least direct the client to
20
correct the marketing materials dnd the
~l
advertisements to -- to reflect and to be
"0
corlsisterlt with what we rlre prOposIng nC)w.
~3
In the end analys1s of that, if In fact
C4
someone tuys on r~liance an a market:ng
, C
/_-)
~Jvertisers like this, It becomes d private matter
7 A ~^'I
'v'r(> T'l:nq t('1 :~,:" kL1CklT:q j'1Wr. '-j\lt' .:k'('!
'-----,-e-l
(~h__'llt .
3
The comment was made that nowhere in our
4
application 1$ it sdid that are our trIpS out to
5
the island w1ll be regularly scheduled versus Just
t,
)0 reservatIon basis.
I believe ttldt's wllat Mr. Pires sailj.
That's
incorn::>r:t.
ru ~ of the operations manual states that
10
-Iub members in their best will be transported to
~ shelter property via Club-owned vessel
, "
'"
on a reSt Lvation slash request basis.
13
Again, he
Mr. Pires raises the 20 person
14
maximum.
This is perhaps just a confusion over
15
the language.
16
If he would have some language that he'd like
17
to propose to us, I invited him to talk to me with
18
respect to this application.
He was silent.
19
If he would like to talk to me and propose
.20
some Wnrd1ng that would make it all the more clear
.~ 1
t(1 be consistent witt] what I stated to you today,
00
cu
1 invite that.
L'3
The Idnqudge means that we will bring 20
24
pe'Jple 1)llt and nc more thdD ~O people at any Ilne
-' ~
time peri\:d.
I don't care what an'./one trif?s
7A
,!
'o'
I
h(',w j,t-';-; In!;::orp:l--:~e<i.
-; f Y' I -- ,tJf" r.' ,J;
, : ;...> , ~
un thdt.
j He dld qunt~ me In saying we '-~dnlt cUIlLrui
4
the number of people on the island.
I guess I
r
,
was -- I'll take him for hiS wlJrd.
Maybe Iiid
"
state that last year and I'll state it again.
7
We can't control the number of people on the
8
island.
The -- 85 percent of the island, as I
9
understand, is
is owned by the state in trust
10
for the people of the State of Florida.
11
The beach; all beach lands are held in trust
12
for the people of the State of Florida.
13
So, that's what I meant, is we can't control
14
people from anchoring and beaching their boats and
15
coming on the island at all.
It would be against
16
state law to do so.
17
We can control who comes on our property
18
though, and that's what we're saying we will do.
19
He made the claim that the only certainty
20
that he has is that there will be adverse impacts
~l
to Keewdydin Island.
0"
"~
T ~uess that's true, but it becumes d matter
~ 3
of extent anrl how much uf .In adverse impdct is
~ 4
there.
25
Aqain, remember, riqht [lOW, today, two :::.:in91e
7A ~I
, lIT I ,'rl,,'!',
i .-. p: I 'I' !
'I , ; \ r r ,. ~
The f".r(>[](j ~,<.j, if l' :"JP .Sl:'l~ll [hr> !dt\:":Jr- h,
)
that WiJS bui it )ut therel it's not a little hOllse
4
for two people.
Not eV1?n clDse.
It f S Idr':1e,
')
large, hume::;.
"
These -- these Lots are expensive, and if you
think someone'~ going to buy a million ,jollar l()t
7
8
9
10
11
or whatever the
whatever the market value is,
I'd throw that out there, I don't even know, and
build -- and build a little two house -- a
12
two-person house, that's unrealistic.
There is no regulation at all under those __
13
14
15
16
17
18
19
under the current situation.
In other words, I
could built.
I can't build. A petitioner could
build two single family homes out there, no limit
on the number ot people they would want to bring
out there; parties, events, whatever they want to
do.
:20
No regulation, nothing the county can do,
nothing Rookery Bay can do.
Talk about a hundred people, that's the start
.n
"
it in the cl1rrent situatinrl.
~3
So, what we are pruposing, we thiIlk is a
respcJDsible appr0dch to controll~ng the impact to
.' 4
.' ')
the island.
7A I"
~". f] !I_:'.";
,'-1
-I
fr\)m d portirJn (If the aqret-'>:n~nt that. :;,-lV:i ULJ! <'."
3
,'an amend that agreement toqether w] rh j{ookery
4
Bay, however we deem fit, IJr whdtever the lanql1aqe
~~
ti(1YS.
'J
The idea -- the reason we put that in there,
7
and that was actually Inserted by Rookery Bay,
8
that language that allows for amendment was to
9
give us fleXibility in the event this body or,
10
ultImately, the County Commissioners recommend
11
something else, something different than what's in
12
that document that allows us that we are agreeable
13
to, to then work together and cooperate with
14
Rookery Ray to amend that agreement.
15
Mr. Pires says, well, that -- is the county
16
going to be burdened by this five-day notice of
17
Violations? No.
18
The agreement is between us and Rookery Bay.
19
Code Enforcement is code enforcement.
We'll
20
follow their procedures.
They do what they do
21
when they know there's ~ vi;)lati0n.
,~
"-"-
A lot I)f concern abol1t prpcedent dnfj we
. ,
";".-.J
understdnd that.
P..nd 'we hedrd it J.ast time.
:4
What 1 Cdrl 0ff~r tc you in Lllis [P1dr1j is,
H
-'-_!
first !jf all, we lJclieve what we dr~ pr(~p~sing is
7 A '
::i' - --j(J., i r:,
J cr;m~'[ -:~:l!-"'r'.~: ',[P,
-"lul,]t(~ry ::"
'"l"'rl1<-
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I
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that's respons~ble f~)r the lsland.
3
Number two, is if -- if other private lot
4
owners are being approached hy developers
5
thinking, oh, this 1S a good idea, we'll come out
6
and do the same thing as soon as this one is
7
approved, look at the location of this property.
8
Is there any other privately owned property
9
on Keewaydin Island that's sandwiched between
10
state owned property, four miles on one side,
11
roughly just shy of a quarter of a mile on the
12
other? The answer is no.
13
How can that be a precedent? The basis upon
14
which this would be approved is it's location,
15
it's unique, isolated location that allows for
16
Rookery Bay right in the middle of this property
17
to monitor it, to supervise it and to have very,
18
very minimal impact on other private property
19
owners..
20
That situation, that scpnario, does not exist
21
anywhere else on the island. So, I would
22
cespectfully disagree that this would create a
23
precedent of beach shelters up and down Keewaydin
.24
Island.
25
We heard about, well, what happens "f ttere's
7 A ~11
'i I '1' _', I ~. t: - ,
2
I've contacted the Isles at (:apri Fire
3
District. They can get to the property In five to
4
SlX minutes by boat.
I believe 1t's Captain
5
McLaughlin.
6
But, at any rate, says, they have a boat,
7
Isles of Capri has a boat in the water, ready to
8
go at any time.
9
The City of Marco and the City of Naples,
10
they have boats as well. They are automatically
11
notified to respond to any, what he called, larger
12
events on the island.
13
Isles of Capri always has an agreement with,
14
I believe it's a property on the other side of the
15
waterway, about a mile and a half south of Naples
16
Cruise Club or something along those lines.
17
They have a helipad, a heliport. And Isles
18
of Capri has an agreement that they can use that
19
helipad for emergency purposes.
20
So, in terms of an accident, yes. Does that
21
does the possibility exist? Absolutely.
""
~~
The public speaker who 1S here had -- she
.'23
dccepted that risk. That's what happens.
:24
We are here, willing to, too. We're all in
25
the same boat, no pun intended.
10
11
12
13
14
15
16
17
18
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21
"?
L~
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:Nlt~, ~'~~I~':
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2
that Juhn David Moss st-ited that: the c0Tldil L jt~d'
3
use runs with the land and, therefore, it may not
4
be possible legally to actually revoke a
5
conditional use if there's problems down the road.
"
I don't know the exact answer to that. That
7
may be more legal in nature.
8
I have reviewed the Code Enforcement
9
provisions of the county, and r believe that it is
possible legally to revoke a conditional use after
the fact.
Finally, Kirsten Wilkie, staff went
through -- environmental staff went through a
number of conditions that she suggests and we are
obviously willing to accept all of those
conditions.
And we thank you for your time and thoughtful
consideration of this petition and we respectfully
request that you vote to recommend approval.
Thank you.
CHAIRMAN HUGHES: Thank you.
Is that the end of public comment?
M"
J.
ARAQUE:
Yes.
I do not have any further
slips.
njAIRMAN HUGHES: Okay.
~)r cl~rification,
11
12
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14
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18
19
20
21
O?
4L
23
24
~5
7 A~I
f.-h~. j'.>J, -':''),'" f1ere /.()W t:~f(lr~ lIS redllj'; 'f
2
change?
3
MR. WRIGHT: Well, this particular issue of
4
revoking the CU, my understanding is there's no
'"
.J
real procedure for doing that, and if they were to
6
violate the conditional use, it would be a code
7
violation for which they could be cited.
8
But as far as a revocation of a CU, I don't
9
I'm unable to point to a specific provision of
10
the LDC to allow that to happen.
CHAIRMAN HUGHES: Specifically, this action
today is a zoning change to allow this procedure.
MR. WRIGHT: Yes. Conditional use.
CHAIRMAN HUGHES: Okay. So, for the board,
that's what we're dealing with is an actual zoning
change. All right.
So, do I have any comments now from the
board? We have closed the public group.
Cuum;ILMAN PENNIMAN:
I appreciate the
petitioner's attempt to minimize the impact and
this is a terrific rebuilding that you have done,
but I think that it avoids the main issue here,
and I think the questions by members of the board
were avoided during the main issue.
We are charged WIth the Grcwth Mana0ement
3
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7
8
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7A'1
""J i:
" ~ '1! I :-- J
~P! '-'L:; l,'c.:'~: J jl:. (J'-'-J [ '. ~ ~_ ':::,1.,
2
the county Shdll continue to plan for the
protection, conservation and management and
appropriate use of its natural resources.
And how we do this is 1n Policy 116, when
developing the county conservation program, we
attempt to equitably balance the relationship
between the benefits derived and the costs
incurred to both the public and private sectors.
The cost to the public sector is nil. The
cost to the private sector is somewhat
significant. The benefit to the private sector is
enormous. The benefit to the public sector is
incalculably bad.
In my opinion what's happening here is we're
going to offer an 815 square foot bUilding,
conditional use permit change in zoning.
What prevents the next property owner from
coming with a 900-foot building or what prevents
the next property owner from coming in and saying,
we need 25 people or 30 people?
Once we do this, we're giving away the first
time conditional use permit of d commercial
activity on this extremely sensitive barrier
island, maybe one of the most sensitive barrier
7A~1
.,
L s 1 -H hi oS ') nth c ; I) I.... ; f ~ P:--: .. r
I'm opposed tl) it.
I think It'.:; wrr_~'l -'Ct,j
3
I'm going to vote -- I'm gOIng to make a motion
4
that we deny -- recommend denial of this
5
application before us today.
6
CHAIRMAN HUGHES: Okay. Next comment?
7
COUNCILWOMAN HUSHON: You need a second.
8
CHAIRMAN HUGHES: Why? Has he made the
9
motion yet?
10
COUNCILWOMAN HUSHON: Yes. He just did.
COUNCILMAN PENNIMAN: I did make a motion.
12
COUNCILWOMAN HUSHON: He made a motion.
13
CHAIRMAN HUGHES: Well, can we deny his
14
COUNCILMAN SORRELL: I'll second it.
15
CHAIRMAN HUGHES: recommendation?
l6
COUNCILWOMAN HUSHON: I just seconded it.
17
CHAIRMAN HUGHES: You don't want any further
18
discussion?
19
COUNCILWOMAN HUSHON: No. Now we have
20
discussion.
",
~"
CHAIRMAN HUGHES: All right.
I'm goin<] to
--;. .,
~~
discuss that further.
-"=3
MR. WRIGHT: Mr. Chairman?
~4
CHAIRMAN HUGHES: Yes.
25
MR. WRIGHT: Excuse me.
I just wanted to
7 A \~.II
:_-:-~ trit'y. 7echni.ca~ly whar's n(-d~ qoinq -- Wf.--"'lC
~
not rioing a zoning change. The zOlling Itself
3
remains the same, but within that zoning there's
4
certain uses that are by right and certain uses
5
that are conditional uses, and they're applying
6
for a conditional use within the zoning.
7
CHAIRMAN HUGHES: Okay. Any more comment on
8
that?
9
COUNCILMAN SORRELL:
I have a question.
10
CHAIRMAN HUGHES: Yes.
11
COUNCILMAN SORRELL:
I'm sorry. I should
12
know your name. I see you all the time.
13
COUNCILWOMAN HUSHON: Clay.
14
COUNCILMAN SORRELL: Clay.
15
You had made the statement a private
16
individual can have as many people out there as
17
they want not as a commercial aspect.
I can have
18
as many people at my house, but I couldn't charge
19
or let -- or make any money off of it. I couldn't
20
have a barbeque and charge.
21
MR. BROOKER: But see we don't have any homes
22
on it.
l-l
"0
COUNCILMAN ,JACOBSEN: However -- are you
24
cone? I want to follcw up on what you're saying.
CC
L~
A homeowner to me handles a piece of property
13
14
15
16
17
18
19
20
21
0"
23
24
25
7AI~1
1
-i J:~t::lp hit diff":-rpnr ..,l....Hl :::;n!'"'lf-'h"i'i t-hat_'e;;
"
for d week's vacation or a monttl's vacatj0~, ~
"
3
day's vacation.
4
So, the idea that, well, you know, we can put
5
two homes there, if that was meant to throw me
6
off, it doesn't, because I know personally a
7
~owner is going to ~ake care of that property.
COUNCILMAN SORRELL: Right.
C)
COUNCILMAN JACOBSEN:
It is their property.
~ven if they had a party with 100 people, they're
L
going to control their people better than the
:ourist that's here for a day, a week, or a month.
I think that's where you're going.
COUNCILMAN SORRELL: Right.
CHAIRMAN HUGHES: Any further comments?
COUNCILWOMAN HUSHON: Well, one of the things
that's inherent in the special treatment overlay
is that regulations are directed towards the
conservation protection and preservation
ecological and recreational values for the
greatest benefit to the people of the county.
And I don't happen to think that this is a
"eneral benefit. This is a very focused benefit.
And, therefore, it's not a benefit to Collier
County as a whole to do this, to have clubs here
11
12
13
14
15
16
17
18
19
20
21
22
0,
-"
24
25
7A~1
'lrowinq up and t~klnq Qvor thp isl~nI1.
"
['m very l:oncerne(j about the precedent.
3
think -- I commend them for comIng up with an
4
extremely ecologically green huilding and
5
listening to us and trying to make it work, but T
6
think the
I think I'm with Mr. Penniman in
7
believing that the concern is not -- is in the
8
precedent and not in the -- the footprint of what
9
they're offering.
10
I, too, am concerned that these are largely
weekly renters or monthly renters that are going
to come out once or twice. They do not have an
invested interest in the pristineness of that
property.
If their children run up and over the dunes,
do they stop them? I don't know.
If their children see a turtle, pick it up,
and play with it, are they worried about that? I
don't know.
Et cetera. I mean, there's Iot~ of -- there
are -- d lot of birds nests down in that area
that -- we have birds right now that are nesting;
herons, clovers, and they rest right on the sand.
I mean, these are crazy birds. We don't know
why they do it but they do it.
11
12
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15
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17
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19
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23
=4
~.5
.:::
7A'"
1
SlIt "hll,iren "tnrl anima.!::51 '1'_11.1 k:!nw, Yf~l.i h,,'
2
said that animals can't IJO -- are very likely r,
3
get into those nests. That's why they're
4
endangered species right now.
5
So, that's my -- those are Just some of my
6
ccncerns is this whole area is very, very
7
delicate.
It's in a balance. Nature sort of
8
keeps it there. It comes through with a storm
9
every so often and brings it back to nature.
10
But we do have to -- we have a job, too, and
I felt our job is protection of that piece of
that little gem of land.
CHAIRMAN HUGHES: Any further comment?
COUNCILMAN JACOBSEN:
I think -- I think
Commissioner Fiala said it appropriately. When
the county stopped their shuttle, when that was
put off, her comment, her quote, in the paper
were, if we open the doors, I'm afraid we're
really opening the floodgates, and I think she
said it for me.
COUNCILMAN WILLIAMS: My concern is also that
the precedent, and whether 1t'S a legal precedent
or not, the expectation of other landowners.
As we all know, the heirs to people who have
property don't always feel the same way about that
10
11
12
13
14
15
16
17
18
19
20
2l
22
23
24
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""7 A ~~,
P'" ~r.. >'/ 1.'" --;~, t0f' (lrj'l;.I:-1.] pP'1pl~ who '-wn
,
'-
(~HAl RMAN HUc;HF.S:
Is thdt LtO
3
I can add my two cents now?
4
COUNCILWOMAN HUSHON: Sure.
c
~
CHAIRMAN HUGHES:
r think it's extremely
6
arrogant to advertise featured sets for
7
development that don't exist.
8
Now, I come from an aggressive part of this
9
country and r understand how aggressive games are
played.
I just don't like the precedence at all.
One of my comments pertinent to human
behavior, this is a perfect example of human
behavior.
Anyway, anyhow, whatever the price, I don't
like that. I am here to help prevent that,
because again, as was pointed out here very
clearly, the legalese is unbelievably detailed
with the words, and any loopholes that may exist
in those words are future doorways to enter and
pass through.
It isn't so much that they haven't heard Whdt
our maill concerns were toward environment impact.
They have made tremendous advantages in there.
However, I see what I consider is behavior
wlth an alternative intent. And, therefore, I'm
7A~1
vpry '...'dr'( frqm d humA.n, .;, i.J ~:' ,"';, "
r- I'-)n. .\',
2
bpyond the law and beyond everywhere else, th"
3
behavior I see, 11m concerned.
4
So, I think we're hearing the board speak
s
have loud and clear, and I thlok all we have to do
6
now is have a vote.
7
We have a motion and we have a second.
8
All those in favor?
9
COUNCILMAN JACOBSEN: Let's clarify that
10
motion.
11
CHAIRMAN HUGHES: Do you want it stated
12
again?
13
COUNCILMAN JACOBSEN: Yes, please.
14
COUNCILMAN PENNIMAN: The motion is to
15
recommend denial of Conditional Use, Permit
16
Application CU-AR-I0925.
17
CHAIRMAN HUGHES: And it was seconded.
18
All those in favor, aye.
19
COUNCILMAN PENNIMAN: Aye.
20
COUNCILMAN SORRELL: Aye.
21
COUNCILWOMAN HUSHON: Aye.
""
L..L
COUNCILMAN HORN; Aye.
n
COUNCILMAN JACOBSEN: Aye.
,:4
COUNCILMAN WILLIAMS: Aye.
25
CHAIRMAN HUGHES: Aye.
23
24
~5
3
4
5
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:'7
7 A ',,,
I
,'\11 t,:-I':;-:C '~'f.tpt)sed, na.y.
2
Hedrinq none, so mov~d.
(The agenda Item concluded at 10:33 a.m.)
"
7A"'1
CERTIF:CATE ()F REPORTF:R
2
3 State of Florida
C' y of Collier
5
,.
If n_
Witt, Notary Public in and for the
d
e....d at Large, certify that I was
.thorized to and did ~ ~nographically report the
~, ~')i e n; that a review of the transcript
rc~~c~ted; and that the transcript is a true
and complete recor- .f my stenographic notes.
, 0
""
12
13
I fur' r certify that I am. not a relative,
14 employee, attorney or counsel of any of the parties,
15 nor am I a relative or employee of any of the parties,
16 attorney or counsel connected with the action, nor am I
17 financially interested in the action.
18
19
Dated this 8th day of June, 2007.
20
21
2LL~
22
Rose Marie Witt
23
24
:5
, 7A'~"
EXCERPT FROM
FEB, 1 ST 2006
EAC
HEARING
7A"', 1
1
COLLIER COUNTY
2
ENVIRONMENTAL ADVISORY COUNCIL
3
PUBLIC HEARING
4
.....
5
FEBRUARY 1, 2006
6
7
Held in the County Commission Boardroom, W.
8
Harmon Turner Building, (Building F), 3301 East
9
Tamiami Trail, Naples. Florida, commencing at 9:00
10
a.m.
11
12
EXCERPT or PROCEEDINGS
13
IN RE: petition for Conditional Use CU-AR-7181
'North Bay Resort Beach Pavilion'
Section 14, Township 51S, Range 258
14
15
16
17
C'-..,-;-,-' ~- ~\ ~ ,
~.'t J ~J~:'.....~ (..,OP 1
18
19 MEMBERS PRESENT:
20 Chairman William Hughes
Erica Lynne
21 Nick Penniman
Michael V. Sorell
22 Terence S. Dolan
Judith Hushon
23 Lee Horn
Irv Kraut
"i William Hill
Steve Griffin. Assistant County Attorney
: 5
v'i~=v-.'.r;y ...-":;;"/?; FiE?,}/?r:,v:; ~~ERt':~-E VAP:'ES F:"C'RIC'A ..1-1::2
:SLEPHONe- ,:;9' ~-4--I'i/
!I
10
11
12
13
u
15
16
17
18
u
20
21
22
23
:..
:s
7 A ." 93
1
MR. CORNELL: I'm g@tting out of my @lem@nt
2
h@r@.
I'm not a biologist.
I know that th@re's
3
critical habitat designated for th@ piping plover in
4
Southw@st Florida. I b@li@v@ it includ@s this ar@a.
5
Th@ manag@m@nt plan would prot@ct all __ would
6
prot@ct r@sting as w@ll as nesting habitat, and
7
you'v@ got both for a vari@ty of sp@ci@s.
I'm
8
afraid that's the limit of my knowl@dge.
You'd have to ask som@body like T@d BUlow or
someon@ at environm@ntal staff to get more specifics
on the -- who's nesting wh@n. SUffic@ it to say
it's all pretty important.
CHAIRMAN HUGHES: Any further public speakers?
MS. MASON: No, that was ths last one.
CHAIRMAN HUGHES; I have a question. You Want
to respond to som@ of this?
MR. BROOKER: Sure.
CHAIRMAN HUGHES: You might, before I ask my
lawyer what my legal options ar@.
MR. BROOKER: You can ask.
CHAIRMAN HUGHES: No. do yours first.
MR. BROOKER: Thank you.
I'll be as brief as
possible.
Th@ PUD \'ersus conditional use issu@ was
brought ~p by ~r. Pire3. A'3'ain, r'u~ 31read," .:itated
~REC~RY CO~Rr REPCRrIS~ SERViCE. NAPLES. F~ORIDA 31112
;I:".~ co OrJ -'" ""
1
2
3
~
5
6
7
8
9
10
11
12
13
14
15
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18
19
20
21
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23
2~
25
~
7 A "''1
94
we '11 go '.hichever way the county tells us to go.
We've been told to g:-) with conditional use.
r suspect that ad we gone PUD, Tony would have
been up here objecti ~ that we went PUD, rather than
conditional use. T~ 'e I s a Catch-22 situation that
we found ourselves
Talking about t t traffic and the number of
slips that the Naple Bay Resort Collection has,
again, those types 0 issues about charter boats and
rental boats, and th,
this flotilla coming
believe is realistic
The dock.
We'Vt
no alteration, no pa;
self-limiting by that
anchor offshore, peop
that today. There's n
lands are owned by th
standing in this room
56 people on the
didn't know how ee I c
that other than, obvie
number of people on tr
56 has come up again a
~i~d that ~e don't for.
- ~ C' - ~ 0 V 1" ,.... _
trying to create a picture of
It to the property, I don't
lready agreed no expansion.
leI mooring. It is
Yes, certainly, people can
can beach. People can do
,ing anyone -- those beach
tate, not by any of us
iand, Mr, Pires said.
WOe
t know how to respond to
:. we can't control the
;tire island.
The issue of
.gain. ~e have to keep in
, us reaching that limit
1
7A 'If
95
~~ry oft~n. Th~re's going to b~ mor~ days, many,
2
many more days, in our ~stimation, that the proj~ct
]
sits ~ithout on~ P~rson on the prop~rty V~rsus
4
m~~ting the 56 cap.
s
Mr. Pires mention~d th~ .. it must be kept
6
predominantly in its natural state. We have a ._ we
7
are proposing a facility of 2,925 square feet on two
8
lots. That's an aVerag~ of l~ss than 1,500 square
9
f~~t p~r lot. Probably.. I don't know this for a
10
fact, but I can find out -- much l~ss than some
11
private homes on the lots.
12
We are agr~~ing to 76 percent of
13
conservation -. or 75 percent, roughly, of a
1-&
conservation easement being placed on it __ on the
15
property in terms of keep it in its predominant
16
state. We are doing no more than what the private
17
home does in terms of footprint impact on the
18
property.
19
What about people going over the dune? That
20
was raised. We have a dune crossover. The
21
Op~rations manual prohibits visitors from going off
22
the boardwalk or th~ mulch trail within the dun~
23
crossover.
Th~Y're not permitt~d to go anywher~ on
24
th~ prop~rty ther~.
Th~ idea is to try to limit the
:s
im~act 0f t~e peopie
~~E~JRY ~2~',?r REP2Rr:,v~ SERt"rCE,
TE:..gPHO,V&: ,~J9)
.VAPLES
7 """ - -I".:. .J
FLoJ.1?Il'.-I
]4':'12
"'7 A ' .~
JULY 19, 2007
CCPC
HEARING
TRANSCRIPT
'7 A' t.~
July 19,2007
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
July 19, 2007
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 at 8:30 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed Caron
Tor Kolflat
Paul Midney
Robert Murray
Brad Schiffer
Robert Vigliotti
Russell Tuff
ALSO PRESENT:
Jeffrey Klatzkow, Assistant County Attorney
Kay Deselem, Zoning & Land Dev. Review
Page ]
7A",
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JULY 19,2007, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COLNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES. FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM, INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPfIlC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRl'ENTATIONS BEFORE THE cepc WILL BECOME A PERMANENT PART OF
THl:. RECORD AND WILL BE A V AlLABLE FOR PRESENTATION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 TO BE BASED.
I. PLEDGE OF ALLEGIANCE
2. RO"~ CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - JUNE 7, 2007, REGULAR MEETING
6. BCC REPORT- RECAPS -JUNE 12,2007, REGULAR MEETING; JUNE 22, 2007, GMP SPECIAL MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: CU-2006-AR-10925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of Cheffy,
Passidomo, Wilson & Johnson, LLP. requesling a Conditional Use (CU) for a passive r..,reatlonal
structure in the AgnculturaI(A) zoning district, as specified in Seclion 2.04.03 of the Collier County Land
Development Code (LDC). The subject property, consisting of 4.32 acres. is located at 10111 and 10121
Keewaydln Island, in Seclion 14. Township 51 South. Range 25 Eas~ Collier County, Florida.
(Coordinator: JohneDavid Moss) RE.ADVERTISED FROM 6/21107
9, OLD BUSINESS
10. NEW BUSINESS - The CCPC will reconvene at 5:05 pm for a special hearing of the proposed moratorium.
I I. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
7119/07 cepe ^genda/RBlsp
1
.7A 'H
July 19,2007
CHAIRMAN STRAIN: Good morning, everyone. Welcome to
the July 19th meeting of the Collier County Planning Commission.
If you'll all please rise for the pledge of allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY THE CLERK
CHAIRMAN STRAIN: Thank you.
We'll start with the roll call by our secretary.
COMMISSIONER CARON: Mr. Kolilat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Midney?
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Present.
COMMISSIONER CARON: And Mr. Tuff?
COMMISSIONER TUFF: Here.
Item #3
ADDENDA TO THE AGENDA
Page 2
, 7 A I~
July 19,2007
CHAIRMAN STRAIN: Okay, addenda to the agenda -- first off,
I'd like to make an announcement. There was some discussion I saw
in fliers in the community about this meeting this morning being also
the one for the discussion of the moratorium. I want to assure you,
that's going to occur at 5:05 tonight. So if you're here for that issue,
you'll be waiting here a long time. So it would be better to come back
this evening. And that will be a separate meeting; it won't be part of
this one.
Addenda to the agenda. I believe there's an addition requested by
Michelle Mosca to talk to us about scheduling a concurrency
discussion with the representatives of the school system. And we'll
add that under new business.
And then I understand Ms. Caron, did you have something you
wanted to add?
COMMISSIONER CARON: Yes, under new business as well.
CHAIRMAN STRAIN: You want to give us a heads up on what
it is?
COMMISSIONER CARON: Oh, yes. Possible inclusion in the
LDC cycle of some language to -- some vegetation protection
language for listed species nest trees.
CHAIRMAN STRAIN: Okay. That will be on after advertised
public hearing.
Any other addenda to the agenda?
(No response.)
Item #4
PLANNING COMMISSION ABSENCES
CHAIRMAN STRAIN: Okay, planning commission absences.
Next week -- well, let's just start with this afternoon at 5:05. Is
Page 3
'7A
July 19, 2007
everybody planning to come back here at 5:05 today? Paul, you're
just going to kind of hang out for the day or are you going to drive all
the way back to Immokalee?
COMMISSIONER MIDNEY: No, I'm going to stay with some
friends in Naples.
CHAIRMAN STRAIN: Are you? Good. I'd hate to see you
have to drive that far twice.
Okay, so it looks like we certainly have a quorum.
As we get into tonight's meeting and we have our first break,
we'll probably discuss at that time how long we want to take the
meeting till.
Then the next meeting that we have ofthis board is on the 25th of
July, which is next week. And that one would be at 5:05, and it was
for an LDC hearing, our first one for this 2007 cycle. Is everybody
planning to make that? Looks like that's a yeah.
And then the one after that is the August 2nd meeting of our
standard first Thursday of the month meeting with our regular cases.
Anybody know if they're going to be able to make that?
Okay, good. We won't go any further until the 2nd.
Item #5
APPROV AL OF MINUTES - JUNE 7, 2007 REGULAR MEETING
Approval of the minutes from June 7th, 2007 regular meeting.
Don't all rush and say recommend approval.
COMMISSIONER VIGLIOTTI: I make a motion to approve.
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Motion made by Commissioner
Vigliotti, seconded by Commissioner Adelstein.
Discussion?
(No response.)
Page 4
'7A
July 19,2007
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Item #6
BCC REPORT-RECAPS- JUNE 12,2007 REGULAR MEETING;
JUNE 22, 2007 GMP SPECIAL MEETING
And Ray usually gives us our BCC reports. Are you prepared to
do that, Kay?
MS. DESELEM: Yes.
CHAIRMAN STRAIN: Great. Thank you.
MS. DESELEM: We had four cases that had been heard on June
12th. Gaspar Station was continued to October 23rd.
CHAIRMAN STRAIN: You might need that speaker a little
closer.
MS.DESELEM: Okay, is that better?
CHAIRMAN STRAIN: Yes.
MS.DESELEM: Okay, sorry.
Gaspar Station PUD was continued to October 23rd. The
Boxwood PUD was continued to July 26th -- I'm sorry, June 26th.
Page 5
~'7A
1.'1
July 19,2007
- -
And even though those minutes won't be approved until Tuesday, that
particular petition was approved. It's reflected in the recap.
The Pine Ridge mixed use center was approved, as was the
Rinker Concrete plant at Silver Strand.
Item #7
CHAIRMAN'S REPORT
CHAIRMAN STRAIN: Okay. Thank you.
Chairman's report. Don't really have anything today.
Item #8A
PETITION: CU-2006-AR-I0925
So we'll move on to the advertised public hearing. There is only
one hearing today, and it's on the Petition C. It's a conditional use
petition, 2006-AR-I0925, Basil Street Partners, LLC, for a passive
recreational structure on Keewaydin Island.
All those wishing to testify on behalf of this petition, please rise
to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there disclosures on the part of
planning commissioners? And we'll start with Mr. Tuff on the left.
COMMISSIONER TUFF: I had contact from Tony Pires' office
and got a packet from him. And there have been e-mails that were in
the -- that we all got.
CHAIRMAN STRAIN: Okay. And by the way, as we speak
today, it's important we bring the mics close to us.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I had a conversation by phone
Page 6
7 A c~
July 19, 2007
with Mr. Clay Brooker.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mr. Brooker sought to have a
meeting with me, and I declined. Mr. Pires sent a packet.
CHAIRMAN STRAIN: Okay. Mr. Adelstein?
COMMISSIONER ADELSTEIN: I had a meeting with Mr.
Brooker by phone.
CHAIRMAN STRAIN: Okay. And I had a meeting with Mr.
Conroy and a gentleman by the name of J.P, and Tony Pires. I
received an e-mail from Jack Conroy with a letter that was attached,
and an e-mail from The Conservancy, Jeannie Fisher, with a letter
attached. And both letters were objecting to this case.
I also received the typical book from Tony Pires, which is up
here, for whatever purpose. I think we all received it.
And I had a meeting with the applicant, his representatives --
actually Charlie Thomas, Clay Brooker and John Passidomo too, and
they discussed their issues in the case. So I've had it from both sides.
Ms. Caron?
COMMISSIONER CARON: Yeah, I had a meeting with Clay
Brooker and John Passidomo and a representative for Basil Street.
I had a meeting with Tony Pires and a couple of Keewaydin
landowners. I had a phone conversation -- after a letter from The
Conservancy, I had a phone conversation with Nicole Ryan.
I've had a couple of other letters and e-mails. And yes, Mr. Pires'
book.
CHAIRMAN STRAIN: Okay. Mr. Midney?
COMMISSIONER MIDNEY: E-mails and the packet.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Myself, I got the Pires packet,
e-mails, and I had a phone conversation with Clay Brooker over the
septic thing.
CHAIRMAN STRAIN: Mr. Kolflat?
Page 7
7A~1I
July 19, 2007
COMMISSIONER KOLFLA T: I had a meeting with Clay
Brooker; I received a packet from Tony Myers (sic); I also received
several e-mails.
CHAIRMAN STRAIN: Thank you.
Okay, that's as thorough as I think we can get for now.
Mr. Brooker, are you making the presentations on behalf?
MR. BROOKER: Yes, sir.
CHAIRMAN STRAIN: Okay, sir, it's all yours.
MR. BROOKER: Good morning, Commission. My name is
Clay Brooker. I'm with the law firm ofCheffy, Passidomo, Wilson
and Johnson. We represent the petitioner, Basil Street Partners, in this
petition.
I'd like to -- we've already heard some of the names. The
representative is Mr. Charles Thomas here, he's the director of
Planning and Development for the petitioner.
John Passidomo, a named partner with Cheffy-Passidomo.
Our environmental consultant is Mr. Tim Hall here with Turrell,
Hall and Associates. Tim has expertise in wildlife ecology and
wetland ecosystems. His projects have taken him across the nation
and the world.
Our architect is Frank Comeriato, with the local Dyehouse
Comeriato firm. Frank has extensive experience in the design and
planning of coastal structures.
And then our wastewater engineer is Mr. David Sneed, a
professional engineer with Coleman Engineering.
I always have very bad luck with technology, but I've tried to put
things on the CD so there's not papers flying all around. But rest
assured, I have the paper backup in case the computer crashes on me,
which it has done in the past.
As you all know, this is the second version of this project. The
first proposal was filed back in 2005. We withdrew that proposal
before it got to the Board of County Commissioners. It went through
Page 8
7 A 11\1
July 19,2007
the EAC and CCPC public hearing process, and there were several --
many comments and concerns raised, not only by yourselves but also
by the EAC.
We took those comments and concerns to heart. There were a lot
of difficult questions that were answered. And we weren't satisfied
with the answers we could give, frankly, at that time. So we went
back to the drawing board to try to attempt to address each and every
one ofthose questions and concerns.
The proposal before you today is drastically reduced from what
you saw almost nearly exactly one year ago, just shy -- I guess one
day shy of a year ago we were before the planning commission.
The proposed beach shelter is a minimalist structure, designed
simply to allow visitors a brief respite from the weather.
The proposal will alter just a small fraction of the overall
property, and it offers an unprecedented comprehensive regulatory
scheme designed to preserve the environmental integrity not only to
property but also of Keewaydin Island.
The environmental controls we are offering the property owner
are unmatched by any other private property owner on the island.
What I'd first like to show you is an aerial photograph of
Keewaydin Island.
The island itself, and I'm showing it here by the little hand on the
screen, is approximately eight miles long. According to the property
appraiser's website, there are about 100 parcels or lots on the island.
A little more than half of those 100 are owned privately. The
remainder is owned by the state or various divisions or departments of
the state. Although the state owns a little less than half of the platted
lots on the island, the mass that the state owns approximates about 75
percent of the island.
Starting here in the north, if! could just make -- the reason I'm
going through this a little bit is because I got some questions and
people -- it became apparent to us that people didn't really understand
Page 9
, 7A 't~
July 19, 2007
what's going on -- what the island looks like, what's going on out
there.
Starting here at the very north end, and just to give you a little bit
of context right here, this is Naples Bay, Gordon's Pass, Port Royal,
Dollar Bay, and then the intercoastal waterway winding down.
Keewaydin Island is here. The very northern tip of Keewaydin Island
is a privately owned what's commonly referred to as the Donahue
estate.
Then for the next approximate four miles as you head south, all
of this is owned by the state. It's owned and protected and held in
trust for the public enjoyment and recreation of the residents of the
State of Florida.
The red line there, which is roughly about halfway, midpoint of
the eight-mile long island, is the subject property. And then as you
begin to move further south from there, you hit more of the private
property owners. These are the private property lots here.
The state owns several lots interspersed throughout here, but it is
-- I would venture primarily this is the area where the private property
lots are located.
And of course at the very end, at the very southern tip, the white
area here, that is the southern tip of Keewaydin Island where we know
a lot of boaters go on weekends and holidays.
I'd like to focus in and comment quickly on the private lots.
Roughly half ofthose private lots, anywhere from 20 to 25 of them,
already have some sort of building or structure on them. The existing
homes out there are by and large not your little campy structures, nor
are they your average house in Collier County. They are by and large
again sizeable luxury entertainment venues, valued in the multi
million dollar range, which can host guests, parties, events, weddings
and fundraisers.
By way of example, the last house that was permitted by Collier
County on Keewaydin Island was roughly about eight months ago, it
Page 10
7 A '~
July 19,2007
was permitted down there in the middle of the southern half, I'll call it,
of the island. And according to the Collier County's building permit
records, this was a three-bedroom, four-bathroom house, 4,824 square
feet, powered by a generator with a septic tank and a well for their
water usage.
And by the way, that is the typical setup in terms of power and
utilities. There are none provided by the county to the island.
Everyone must be self-sufficient, meaning generator, well and septic
system.
Currently there are several homes and lots on the island for sale.
The asking prices of the homes on -- that are for sale on Keewaydin
Island range from about 1.2 million to $12 million.
The $12 million listing is located near the south end. It is
roughly a 5,000 square foot home. The listing advertises the home as a
Keewaydin Island home as quote, lots of room for entertaining and
which has, quote, hosted several weddings and professional sport
fishermen. In addition to the main house, this Keewaydin Island
Estate includes a caretakers quarters, tiki bar and service buildings.
The point here I'm trying to make is that the homes on the island,
the existing uses placed to the island are not your simple frugal beach
camps. They serve as luxury entertainment estates for the privileged
few.
So as we went back to the drawing board to address the concerns
raised over our initial proposal, we did so in a comparative way. We
did a comparative analysis to whatever we were going to come back
with to what could go out there as a matter of right.
This is in fact two -- the subject property is two platted lots. And
as a matter of right, we can build two single-family homes on that
private property.
So what we did was we asked our consultants to draw up just a
hypothetical two single-family home development on the subject
property, the two lots.
Page II
, 7 A
July 19,2007
Under the code, this is ST designated land; the entire Keewaydin
, Island is special treatment designated land. And the code limits
,
alteration of property to 10 percent of your property, the private
property out there. So applying that code provision to this, we come
up with about 19,000 square feet of this property which could be
altered under the code, or about 9,500 square feet per lot.
This is -- what I'm showing to you is a hypothetical typical
single-family -- two single-family home, I should say, layout. What is
shown here is two -- anywhere from 3,500 to 4,500 square foot homes
with three to four bedrooms each. Each of these would be powered by
a generator, obviously, and each would have its own dock, a
boardwalk through the mangroves, and each would have its own septic
system and drain field.
The code has no limitations on events, parties, fundraisers, which
we know occur out there, on these private properties, or the number of
people that can visit it at anyone time.
Based on existing listings out there today, these houses, these
hypothetical homes, would have asking prices of approximately three
to four and a half million each.
So by way of comparison, we believe when you look at this and
you look at the impacts that would be created by this two
single-family home development, which is permitted as of right, we
believe our proposal is better environmentally from both a procedural
and a substantive perspective. Procedurally this two single-family
home development does not have to go through the public hearing
process we're in right now.
So, therefore, there'd be no meaningful opportunity for public
input or evaluation of the impacts to the island that this house could
and would cause to the island. Instead, these homes would be
approved simply by the administrative process, a building permit.
Our proposal is better for the island substantively as well.
What is shown here in the red is what we are proposing in terms
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of building on the property. This is the beach shelter structure
proposed. It is only 816 square feet. When combined with the
boardwalk, this means that we'll be altering just five percent of the
entire property.
There is no possibility for future expansion. That was a major
concern we heard last year. And The Conservancy requested that we
place a conservation easement over everything.
If you recall, the initial proposal we wanted to reserve the right, if
need be, in the future to expand to possibly 4,500 square feet. The
Conservancy objected to that. They wanted a conservation easement
over everything so no expansion could occur in the future. And we
have agreed to do that.
Everything you see in blue, and then including in that -- well, let
me just finish the sentence. Everything you see in blue will be placed
under a conservation easement. That is our offer, not required by the
county regulations, but that is our offer.
What you see here in yellow is simply a temporary construction
area that after construction is finished that will also be included in the
conservation easement as well.
This conservation easement that we're offering to in perpetuity
conserve and preserve the property would be recorded over
approximately 90 percent of our private property.
The entire shelter structure, along with the boardwalk, will be
elevated two to three feet, and visitors must use the boardwalk when
on-site, except when they're on the beach. And what that does is it
basically keeps foot traffic off the ground and it allows wildlife to
either jump over the boardwalk or climb underneath it.
The shelter will be screened. There's no air conditioner, there's
no kitchen, there's no refrigerator, there's no appliances, there's none
of that. We will have two restrooms, but they will not have shower
facilities. That was in the proposal last time; we've eliminated that.
We do have one outdoor pedestal shower to wash off the saltwater if
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someone goes into the water, into the Gulf.
The shelter will not be open at night and therefore the property
will not be lighted. But we do want to reserve the right to place some
sort of security lighting there, if need be, as security concerns arise.
And in the event lights are required under those circumstances, they
would comply with all the sea turtle regulations.
The only lights planned at this point in time will be for each of
the two restrooms. Commissioner Caron, I believe last year you asked
me are there going to be any lights. And I didn't think there were
going to be any lights in the bathroom, but now I'm told building code
has to have a small light, even though we're going to be there only in
the daytime for each bathroom. And those lights we're planning on
now powering them by solar panels, which will be connected to some
sort of antenna structure on the side of the building up high.
Water will be supplied via collection of rain water runoff into a
cistern. The cistern is located right on the north side of the proposed
shelter. And because of the average rainfall amount that the area gets,
we also are reserving the right to bring water out by vessel and
supplement it with the water rain-off; literally pump it into the cistern
to make sure we have adequate water.
The wastewater system will be an anaerobic septic tank system.
Power will be by generator. And the generator location is currently
planned here, all the way to the right of your screen. It will be
enclosed in a sound attenuated shed-like structure, a generator house,
and will also be muffled for noise control.
The daily operational rules: We've reduced the amount of -- the
number of people that would be able to visit that we'd be able to bring
out to the island at anyone time from 56, was our initial proposal.
Now we're at 20.
Access will be by club-owned vessel only. This is not a shuttle
with regularly scheduled trips out to the property. Instead this vessel
will be available on a reservation request basis only. And no members
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can arrive by private vessels. Private vessels are not allowed to dock
up to our dock structure, or you're not allowed to come onto our
property after arriving by private vessel. You have to come through
us. That was one of the suggestions made by Nancy Payton of Florida
Wildlife Federation, so we would be able to better control the people
out on the property -- the number of people, I should say.
The shelter will be reasonably locked and secured when no
visitors are on-site. By that we mean the restrooms are going to be
locked. And we are contemplating lockable gates at each end of the
boardwalk so people can't -- that would just serve as a deterrent. It's
not going to be the perfect security measure, but it will be a deterrent
to allow people to come on our property whenever they wish. And of
course that would trespassing. But the shelter itself will be locked.
Beach chairs, umbrellas will not be provided by the club.
However, members if they'd like can bring their own. Alcohol is
permitted on the private property, as it is on other private properties on
the island. But any member who does have alcohol will be advised
that the alcohol cannot go beyond our north and south beach property
boundaries. That property is state owned and alcohol is not permitted
on state-owned property.
There will be no pets permitted, no motorized vehicles allowed,
no firework displays, no boat races, and perhaps more importantly, no
special events. That was a major concern last time, special events. It
was an untangible concept, people couldn't figure out the various
different things that could be done and how you are going to control a
special event, so we've eliminated the possibility of having any special
events.
The number of people on the property is going to be 20 at all
times. Well, possible number of people wilT be 20 at all times.
We will run the facility as a pack-in, pack-out facility, meaning
all trash will be removed from the site on a daily basis, or whenever
the site is visited. We anticipate there's going to be many days where
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the site doesn't even open during the day. Trash cans will be made
available. They will be secured when the site is closed. And we have
agreed to do a beach cleanup every time we have a staff person out
there. They will do a beach cleanup 100 yards north and south of our
property lines.
Our cooperation with Rookery Bay continues. There's really no
difference in that regard. You've seen all the documents in your
package. Rookery Bay will have 24/7 access to the site. The rules
and regulations, not only are they submitted as part of this conditional
use approval petition, but they'll also be memorialized in restrictive
covenant in agreement with DEPlRookery Bay. Those documents,
without going into too much detail right now, they include a penalty
schedule if we violate the rules. A monitoring program to monitor the
number of visitors, the amount of trash, wildlife sightings and so forth,
that's going to be worked out with Rookery Bay what they want us to
look for and how all that is facilitated.
And also an educational program, including an educational kiosk
inside the beach shelter itself. Again, all materials, all educational
materials must be approved in advance by Rookery Bay.
Keith Laakkonen is here from DEP, or the Rookery Bay Natural
Estuarine Research Reserve, and he is available to answer any
questions you may have of him.
So the highlights of the differences, and we believe they are
significant between the initial and revised proposals:
Number one, we are one-third the size.
Number two, we have no possibility of ever expanding.
Number three, we are roughly one-third the people. There are no
private vessels permitted and no regularly scheduled shuttle. You
have to come to the property through us or you don't come at all.
And finally, no special events are permitted.
Based upon these changes and these reductions we've made, we
are pleased to inform you that as a result of them and meetings with
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Nancy Payton and Brad Cornell, the Florida Wildlife Federation and
the Collier Audubon Society have withdrawn their opposition to this
proposal. Florida Wildlife Federation has actually said that this
project now deserves an environmental green star.
We are here seeking conditional use approval. And there are
criteria in the Land Development Code that we must comply with in
order to meet and have the conditional use approved.
The first of those is consistency with the LDC, the Land
Development Code and the Growth Management Plan.
Your own staff has already given its opinion that we are in fact
consistent with both of those documents, we believe we're consistent
with both of those documents, and in addition to that, we believe we
actually implement the Growth Management Plan, which is a
difference from just being merely consistent. We actually implement
it.
I'd like to show you a few excerpts from the CCME, the
Conservation Coastal Management Element, of the Growth
Management Plan.
First is Objective 2.4. And I've highlighted here, that Collier
County shall continue taking a coordinated and cooperative approach
with the DEP regarding environmental planning, management and
monitoring programs for Rookery Bay.
We've taken that a step further. DEP/Rookery Bay is not just
being cooperative, they are actually having active participation in this
role -- or with this petition.
The next three provisions I want to show you come out of Goal
10 of the CCME. Goal 10 is the goal which addresses the
conservation management and use of coastal barrier islands and shore
lines. Policy 10.1.1 states that, the priorities for water dependent and
water related uses on coastal barrier islands and shore lines shall -- it's
not discretionary -- shall be public recreational facilities over private
recreational facilities.
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So the number one priority is recreational facilities for
Keewaydin Island, according to the Growth Management Plan.
Number nine on the list is residential development.
Objective 10.3, undeveloped coastal barriers shall be maintained
predominantly in their natural state.
What we are proposing to you is 90 percent of the property
conserved forever pursuant to a conservation easement and a proposal
which alters just five percent of that. In comparison to a single-family
home development, which there will be two single-family homes, as
I've showed you, our proposal is far better, it is far more consistent
with maintaining predominantly the natural state of Keewaydin Island
than residential development.
And finally, Policy 10.5.1, again right out of Goal 10 that deals
with coastal barriers, recreation that is compatible with the natural
functions of beaches and dunes is the highest and best land use.
Not residential development on coastal barriers, recreation.
What we are proposing to you is recreation with a comprehensive
environmental scheme to control the impacts. That scheme not being
existent with a two single-family home development and which is
unmatched by any other private property owner on Keewaydin Island.
And with that, I'll conclude. A lot of this I know is repetitive
from what you saw last year. But there are significant differences, and
we thought it was prudent for us to point out what goes on, what is out
there already on the island, what goes on out there already on the
island, what can be built as a matter of right, and why this proposal is
better.
And the comparative analysis I believe undisputedly shows that
what we are proposing is in line with the environmental stewardship
of Keewaydin Island and is in fact dictated by the Growth
Management Plan.
And with that, I'll conclude. I'll attempt to answer any questions
you may have. And I'd also like to reserve time after public speakers
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to rebut.
CHAIRMAN STRAIN: That's fine.
Okay, do we want -- I'm sorry, did you want questions of your
presentation now?
MR. BROOKER: I'm open to however you'd like to proceed.
CHAIRMAN STRAIN: Why don't we start with you and then
we'll go into -- because I certainly, as you know my conversation with
you, I want the dock situation addressed at some point.
So Mr. Murray?
COMMISSIONER MURRAY: Good morning, Mr. Brooker.
MR. BROOKER: Good morning.
COMMISSIONER MURRAY: You pointed out that the highest
and best use, based on the 10.5, whatever it is, the public facilities use
has priority over -- at the bottom was residential. Yes, that's it there,
10.1.1.
I'm a little confused under A, public recreational facilities or for
private recreational facilities. Are you saying that you're a public
recreational facility?
MR. BROOKER: No.
COMMISSIONER MURRAY: Oh. So really, it remains a
private recreational facility; does it not?
MR. BROOKER: Yes, which is number two on the priority list.
COMMISSIONER MURRAY: Yeah.
Okay, the other thing, was there any thought to giving -- because
I'm still fascinated by a dock that still has potential to invite motorists
to tie up and come on the property, trespassing though they might be.
Although if they belong to a club, I'm not sure how that can be
construed as trespassing. If they decide to put their boat there, they
may have some violation of some regulations or rules, but I'm not sure
that trespassing would apply.
Is any thought given to putting a gate there at that dock to
prevent anybody from accessing the use of that dock?
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MR. BROOKER: Yes, that's part of our proposal. And not only
will there be a gate placed there, but it will be locked at all times.
Meaning even when a staff member brings club members to the site to
enjoy the beach, he will unlock the gate, let the people in and lock the
gate behind them.
COMMISSIONER MURRAY: No, I didn't make myself clear,
Sir. I meant at the dock.
MR. BROOKER: That's where.
COMMISSIONER MURRAY: Okay.
MR. BROOKER: I mean, there will be at the dock end -- on the
boardwalk there towards the dock end we will be installing a gate.
COMMISSIONER MURRAY: Okay, thank you. Those are my
questions.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes, Clay, one question. In the
-- or a couple of questions.
In the drawings we saw, there is no drawing of the first floor. So
what is on there, essentially a screened-in entrance to the stairway
system? Lindy's having trouble hearing me. I'll say it again.
There's no drawing of what's on the first floor, so my concern is,
is obviously it's the same size as the second floor, but there's no
functions down there.
MR. BROOKER: Using that on the screen, you'll see, yeah, all
it's going to be is open deck space. Down below, in conjunction with
the stairway to get up to the second floor, which will be screened in,
but the first floor will not be screened in, if that answers your
question.
COMMISSIONER SCHIFFER: In our packet, it refers to this as
a 2,925 square foot passive recreation facility. Essentially it's really
limited to the 816 square foot footprint of the building, right, so what
is that number from the --
MR. BROOKER: I don't know. And frankly, that was --
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CHAIRMAN STRAIN: Clay, that was an error. That was left
over from the first submittal in '06, almost one year to the day of
today. That's the same number that was used in the staff report. Looks
like when they reprinted the report they forgot to change that one
number.
MR. BROOKER: So on the record, 2,925 was the precise
number we were proposing for square footage last year, and that is no
longer the case; the number is 816 square feet.
COMMISSIONER SCHIFFER: Per level. And there's going to
be two levels?
MR. BROOKER: Well, 816 square feet of what we'll call
habitable space that is screened in, correct. But it will be a two-level
structure to meet with I believe it's flood regulations or something
along those lines.
COMMISSIONER SCHIFFER: And just explain a little bit how
the people are going to come out by boat. There will be some sort of a
vessel with 20 people on it, or -- and here's my concern. Twenty
people go on the island. Will 20 -- will the boat go back and get 20
more and then drop off that 20 and take the other 20 back? Or how's
that going to work?
MR. BROOKER: We don't anticipate having a boat that would
enable 20 members to be on it at anyone given time. I believe that's
getting into a tonnage -- a captain's requirement for the captain of that
vessel, which is probably -- well, I know is beyond what we are
anticipating.
So the informal discussions we've had in-house, we're looking at
a vessel that carries five or six people at a time, takes them out to the
island, and then in the event there's others that want to come out there,
we will deal with that, either by taking the vessel back or having
another vessel bring out, but at all times monitoring, making sure that
at no time do we exceed 20 people that we had brought to the island at
anyone point in time.
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COMMISSIONER SCHIFFER: And last question. In your
Exhibit C, which is your conditional use narrative, you have one
phrase at the bottom is, the petitioner has never agreed to request an
expansion of the shelter footprint except to comply with local, state or
federal law. I mean, is that a crack, or what do you really mean by
that? What could cause the building to be required to be bigger?
MR. BROOKER: We don't even -- we're not sure. But the one
thing that came to mind right away and which was the genesis of that
language was for some reason if an ADA disability requirement all of
a sudden required us to build some sort of structure on this beach
house or beach shelter to allow disabled people to use it and that
would actually increase the square footage by a small bit, we wouldn't
want to be then held in violation of our conditional use.
So it wasn't meant to be any sort of crack, loophole or anything
like that. Just if federal regulations change, we're going to have to
comply with federal regulations, and we would want the flexibility to
be able to do that.
COMMISSIONER SCHIFFER: I mean, you have designed this
to be accessible.
MR. BROOKER: That is correct, under current law.
COMMISSIONER SCHIFFER: But you're not saying if you're
reviewing this design that you show us and it turns out the bathrooms
have to be bigger, you're going to make the building bigger. You
could make your enclosed area smaller. So, I mean, can you lock into
that 816 and not have a problem with that?
MR. BROOKER: Yes.
COMMISSIONER SCHIFFER: All right, thank you.
I'm done, thanks.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: Clay, you didn't mention
anything about a conditional use expiration or sunsetting. A
conditional use generally runs with the land, I believe. Or are you
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proposing there will also be some kind of a termination time in which
that it could be re-reviewed?
MR. BROOKER: Yes, the -- and thank you for reminding me. I
neglected to mention, the staff recommendations at the back, the staff
report, and there has been one revision to them, I believe, that was
carried on July 3rd from planner to the planning commission.
But No. 14 of the staff conditions is a condition that requires us
to come back before the Board of County Commissioners -- and we
are in agreement with this, we think it's a good idea. It requires us to
come back before the Board of County Commissioners if we have
violated anything, no matter how major or minor. And at that point in
time the BCC would have the right to tweak the rules, if they'd like, or
in the event that we have shown that we are simply unable, regardless
of our good intentions, to comply with this, and there are significant
and persistent violations, then they can revoke our conditional use
approval. That would occur at a point in time three years after C.O.
So we get our C.O., we have a three-year kind oftest period. If
there have been any violations in that three-year period, we are called
back before the Board of County Commissioners. They then review
our conduct. If in fact they determine that some sort oftweaking or
revision to the conditions is required, then they have the power to do
so.
If they find that we have either significant or persistent record of
violations, they have the power to revoke. And we are in agreement
with that condition.
COMMISSIONER KOLFLA T: So if it doesn't work the way it's
planned to work, the county can revoke it in a period of time?
MR. BROOKER: Correct.
COMMISSIONER KOLFLA T: One other question. I spoke
with you in a meeting about the rainfall. We have about 55 inches
annual rainfall here. And when you calculate that out to the area of
the roof, which is the collector for the rain, it only comes up with
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July 19, 2007
about 75 gallons of water a day over the year. And yet you're talking
about a usage of 150 gallons.
Do you plan to supplement that deficit of75 gallons by pump or
from boats, or how are you going to make up that deficit?
MR. BROOKER: Because we know it can get dry in the area,
we are reserving the right to bring water out by vessel. The vessel will
then stop at the dock. The dock will have underneath it a small pipe
system tucked up underneath the boardwalk, not lying on the ground,
but tucked up underneath the boardwalk, and a pump will be attached
to it whereby we can pump water from that vessel into the cistern for
storage. So then that way we are supplementing any deficiency that
may exist based -- as a result of just insufficient rainfall.
COMMISSIONER KOLFLA T: You also mentioned that you're
going to use solar power for the lights in the bathroom, yet you're
going to have generator on the site there to generate other electricity
needs, correct?
MR. BROOKER: Correct.
COMMISSIONER KOLFLA T: Why do you want to put the
solar panels up rather visually and not very desirable in appearance
and not use the generator to power those two light bulbs?
MR. BROOKER: Well, I guess that's a good question, because
these lights are not going to draw a lot of energy. But one of the
major issues that arose in the first round was the generator, the noise
from it and how much power are you going to need to fUn this shelter.
And so we were doing everything we could to eliminate power draws
from it.
COMMISSIONER KOLFLA T: Yeah, but you clutter the site
with the visual panels that are not very attractive.
MR. BROOKER: And I guess from that standpoint we are trying
to minimize the generator size. And I'm not an expert on that. But in
-- you know, maybe what we can do is just say that the solar panel
will be an option. If in fact it's unsightly or unworkable, unfeasible,
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July 19, 2007
then we'll simply power those two small lights in the restrooms by the
generator.
COMMISSIONER KOLFLAT: Well, it seems to me that it's
used as an environmental buzzword, solar power. Everyone seems to
jump on that and think that environmentally safe.
MR. BROOKER: Right.
COMMISSIONER KOLFLA T: That's all the questions I had at
the moment, Mark.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Before you came to us today,
you went before the Environmental Advisory Council?
MR. BROOKER: Yes, sir.
COMMISSIONER ADELSTEIN: And that was on May 7th.
MR. BROOKER: Yes, sir.
COMMISSIONER ADELSTEIN: And how was your result
there and what did they do?
MR. BROOKER: The vote was a recommendation of denial,
9-0.
COMMISSIONER ADELSTEIN: Fine. Do you want to explain
why they turned it down, or are you just going to leave it there?
MR. BROOKER: IfI had a crystal ball and could see in
everyone's head, I guess that would be an easy question to answer.
But I will say that several members of the EAC complimented us
for listening to their concerns and coming back to them and giving
them what they asked for.
In the end, we thought momentum shifted, because Mr. Pires
brought up before the EAC some website materials, some marketing
materials which reflected our old proposal, which still showed, for
example, beach chairs and umbrellas would be provided by the club.
Those are obviously obsolete. We just had not gotten around to
updating them.
I can tell you that within a matter very quickly after that EAC
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July 19, 2007
meeting, I instructed the client to remove that website material, or to
correct, update any marketing materials to the best of his ability. Does
that mean there might be some obsolete materials from a year or two
still floating around? Sure. But they're obsolete.
On top ofthat, they all have their legal disclaimers that they're
subject to governmental approvals.
Finally, in the event that there's some sort of marketing material
out there that represents something that we in this public hearing
process don't get through Collier County, this Collier County process
is going to control. If there's any problem, ifsomeone's going to come
to us and complain later that well, I read this in marketing materials
from two years ago, you owe me, we'll deal with that privately. But
the county process is going to control.
But we believe that Chairman Hughes of the EAC specifically
lynched upon that and said this is just a -- you know, I just don't feel
comfortable. And we thought that was the momentum shift in the
EAC meeting.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Basically what you said there
obviously is accurate. It also showed that they felt that the property
itselfwas a gem of itself. In fact, that's basically what they said. And
that they felt that this was what it should be, for it not to be into a
public entity on a home-based property.
Now, this new thing that you're talking about homes, that's the
first time I've heard that you may be putting homes up was today.
Otherwise this property situation was not only turned down, it was
turned down by every single one of the seven people who voted on it.
There wasn't anybody saying anything here about basically this is a
bad situation. They did say it was going to be, and in fact was -- could
be very dangerous because of other people coming up while your
group would be there and the fact that there would be no way to
protect that.
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There were many other items in here. In fact, there was 82 pages
of it, which I've read, and realized the fact that we're not talking about
a situation of a building, we're talking about the property of a very
genuine gold mine. A property that is extremely -- well, nothing like
it here or around here. To protect that was far more important in their
mind than it was for you to have a 20-people outing whenever you
wanted it.
I don't have anything to say that you're wrong, I'm just saying
that as far as they were concerned, they knew you were wrong.
MR. BROOKER: And for the record, they did not see any of the
single-family home presentation.
COMMISSIONER ADELSTEIN: Again, we didn't know it
either.
CHAIRMAN STRAIN: Okay, any other -- Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. Regarding what Mr.
Adelstein just brought up on the EAC report, I also obtained a copy of
that report. And during the vote each of the members gave their
opinion as to why they were basing their vote on a negative. And a
majority of them let that they were concerned about the precedent that
it might establish. Do you want to address that subject?
MR. BROOKER: Yes, thank you.
Number one, and I have three points about the precedent issue.
And that's been coming up ever since we initially proposed this
concept.
This is not a new concept. This is not a precedent for the island.
There are at least three other clubs out there that don't use the
property, gems, for single-family homes usage. They use it for club
members to come out and enjoy the property and the beach. Those
three properties are the Windstar Club, the Marker 40 Club and
Naples Cruise Club. Two of those properties have beach shelter
structures on them.
We're not introducing a new concept. It may be that they didn't
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July 19,2007
go through a conditional use process. Maybe those structures were
there prior to a conditional use process being created by the county. I
don't know whether that's true or not.
But I can tell you that our process, the process that we're going
through, is better. And the fact that that concept has been out there
and no one seems to be raising it or complaining about it, shows it's
not adverse to Keewaydin Island.
And by the way, Windstar has over 600 units involved in it that
can bring guests, wives, you name it. More than what we have, what
we anticipate.
Number two, legally a conditional use does not create precedent.
Each case is reviewed on its own merits to see if it meets the criteria
in the Land Development Code. This conditional use that we're
applying for is a conditional use determined by the County
Commissioners that could be appropriate for the island, its law -- we're
following the rules -- if in fact certain controls as to number and so
forth are imposed. And that's what we've done through this regulatory
scheme.
So for -- ifthere's concern about someone else coming down the
pike right behind us, they're going to have to meet the criteria on their
own. And we believe our property is uniquely located. It's bounded
on the one side by about four miles of state owned land. On the other
side there's about 1,000 feet between us and the nearest structure to
our south of state owned property.
So we believe that in terms of the criteria that talks about impact
or noise, odor, adverse impacts to other property owners out there, we
are in a unique situation, a unique location that we don't believe any
other lot can boast. So we don't think it's going to be opening the
flood gates. We don't think this is the nose of the camel under the
tent.
And finally, even if someone else comes along behind us, and
even if someone else is able to convince the county that they do in fact
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July 19,2007
meet the criteria, as we believe we meet it, isn't this good precedent?
We're preserving 90 percent of the land forever. We can't ever build
on it. 816 square feet on 4.3 acres. I ask you, has any other private
property owner come before you and offered to dedicate conservation
easement over 90 percent of their private property? Probably hasn't
existed on Keewaydin Island or in Collier County general.
So for those three reasons, we believe that the precedent issue is a
non-issue.
COMMISSIONER ADELSTEIN: Well, as--
CHAIRMAN STRAIN: Mr. Adelstein, wait a minute.
Mr. Kolflat, are you finished with your question?
COMMISSIONER KOLFLA T: I'm through.
CHAIRMAN STRAIN: Okay, now, Mr. Adelstein, go ahead.
COMMISSIONER ADELSTEIN: I just wanted to make this one
statement from the Chairman Hughes.
And this is the statement he's -- that I'm going to redirect before
you. But we do have -- we have a job, and we felt the job is to protect
that piece of that little gem on the island.
That was the issue that it was. Not what they were going to do
but what quality it was in its natural state by itself.
MR. BROOKER: And my response would be is a two
single-family home with no limitations, people walking all over it, no
conservation easements, unlimited number of people, fundraisers,
parties, is that protecting that gem, compared to what we are doing?
COMMISSIONER ADELSTEIN: They are protecting what you
displayed for them before them. What you're going to change -- for
example, the houses wasn't in that. That didn't come in on it yet. What
you're doing now is using what you're trying to supplement from this,
because in this they -- came through three or four other statements
which said exactly the same thing. This is property that is genuine
property and needed for a lot of things, but not for a commercial use.
MR. BROOKER: Well, we listened to their comments and
Page 29
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because of that we've created -- tried to demonstrate what we've
known all along but tried to demonstrate by pictures what could
actually go out there. We did a comparative analysis. And we believe
that if the EAC's job is to protect that gem, this proposal is better than
the alternative, which has no environmental controls at all. A two
single-family home development on that property, which all of those
EAC members knows but didn't have a picture that we showed them,
is a matter of right, permissible, and we believe is far worse for the
environment, the integrity, the stewardship of Keewaydin Island than
what we are proposing.
COMMISSIONER ADELSTEIN: Well, obviously they felt the
other way.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Clay, just so I'm clear, and maybe the
rest of the members, your discussion, or you're showing us today of
what could happen in regards -- or what you think could happen if two
single-family homes were put there, you weren't proposing to do that?
MR. BROOKER: That's correct. It was a comparative.
CHAIRMAN STRAIN: This is strictly about the facility in front
of us today. The homes were just an example of what you feel might
be an alternative?
MR. BROOKER: Right, in line of what already exists out there
on other private properties.
CHAIRMAN STRAIN: Has the county ever tried to buy your
property?
MR. BROOKER: I'm sorry?
CHAIRMAN STRAIN: Has the county ever tried to buy this
property that you're dealing with?
MR. BROOKER: Not that I'm aware of.
CHAIRMAN STRAIN: Has Rookery Bay?
MR. BROOKER: Not that I'm aware of.
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July 19,2007
CHAIRMAN STRAIN: Have you tried to sell it to the county or
to Rookery Bay or to any state agency or any particular agency?
MR. BROOKER: Not more than a comment by me in one of the
public hearings that an alternative is to simply buy it for market value
from us. But I don't know if that's really an offer of sale.
CHAIRMAN STRAIN: Okay. I've got some questions of -- two
short questions about your EAC presentation.
In your discussion in front of them you said that you had worked
in close cooperation with Rookery Bay. Actually, this probably is
more for the county attorney than for you. And the fact that their
document will be recorded ifthis petition is approved in the public
records of Collier County and it will be a part of this petition and the
conditional use approval.
Mr. Klatzkow, how does that agreement they have with Rookery
Bay weigh in in regards to effectiveness or effectiveness of the county
to enforce or code enforcement to enforce in regards to this process?
MR. KLA TZKOW: Darned if! know. I mean, we've got a code
enforcement agency, but they're there to enforce Collier County code
and ordinances. I don't think they're going to go around trying to read
their guide book and somehow enforce that. So I don't know that the
county will be enforcing that.
Now, where it could come up is the conditional use has a
procedure whereby this could go back to the Board of County
Commissioners. At that point in time if they're in violation of that, the
Board of County Commissioners could look at it at that point in time
and maybe that could be part of their deliberations. But other than
that, Commissioner, I don't know where it gets us.
CHAIRMAN STRAIN: But my reading of the document will
have -- I have some questions on that, too. It seems that it's between
Rookery Bay and the applicant. And I don't know how the county
would be responsible for the enforcement, nor do I believe the county
code enforcement department probably has enough personnel to
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July 19, 2007
monitor that agreement in the level in which they would have to in
order to show noncompliance in front of any future Board of County
Commissioners meeting.
MR. KLATZKOW: Yeah, I agree.
MR. BROOKER: Mr. Strain, may I comment on that?
CHAIRMAN STRAIN: Absolutely.
MR. BROOKER: The reason we submitted it as part of it is we
-- the intention is to make -- for example, the operations manual, all
the rules are numerized (sic) rules in there as conditions.
So it may not be true that a code enforcement officer could
memorize all those rules as he or she is walking down and know what
they are. But something tells me that people in general are going to
know what those rules are. The code enforcement department is
reactionary. So someone's going to call. People know what the rules
are. There's been a lot of publicity about this. People will know,
people will call.
And code enforcement will be fully knowledgeable of what those
rules are. And we ask that they be made part of the conditions of this
approval, and therefore they do have enforcement authority, because
all conditions of a CU approval are deemed part of the Land
Development Code.
CHAIRMAN STRAIN: Well, then, I'm going to go back to the
county attorney. Ifwe -- if the situation is one that code enforcement
can enforce but yet you believe by making it part of the conditional
use they can enforce, then we certainly need to know if that's a viable
possibility. Because if it is, it triggers other issues involving staffing of
code enforcement to be able to do that to begin with. And I'm just not
sure we've got a good solid answer on that regard.
MR. KLA TZKOW: I think you do. What I'm telling you is -- if
I can get Joe down here; I know he's in a meeting.
But unless Michelle Arnold's instructed to look at that code book
and assign somebody to actually do it, it's just not going to happen
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July 19,2007
from a practical standpoint.
CHAIRMAN STRAIN: Okay.
Then another item that was brought up in front of the EAC -- and
it will be my last question on that particular issue -- if it's shown that
we simply cannot meet these rules and there's problems that exist, for
examr'''. I think it's a certain number of violations for a period of
tiIT'e, tHl::n Rookery Bay can come to Collier County and say this is
just 1'" rking, let's reevaluate.
.) yvu know of any mechanism in our code that would provide
:" '",\ k.-:''': 'Jay the ability to do that?
. ZLATZKOW: Well, when staff gives its presentation, Mr.
11.4",' ""oj be discussing that at that point in time, we can get into that.
~_ _ 1st as a preamble, if they will agree to that mechanism, that
mechanism will be enforceable. As a general rule, we do not have that
merhaI':s.n in the county, but if they will submit themselves to that,
then we can do that.
And I made a recent addition to the conditions that Mr. Moss will
be presenting to you during his staff report.
CHAIRMAN STRAIN: Okay. And the mechanism you're
referring to is strictly the one in which triggers a reevaluation.
MR. KLATZKOW: That's correct, sir.
CHAIRMAN STRAIN: Okay, not the prior one we just were
speaking about. Thank you.
Clay, on your operations manual, are you the authority on that?
MR. BROOKER: I think so.
CHAIRMAN STRAIN: Well, I mean, I don't know who wrote
it. There's a lot of legal work in it, so you're an attorney, I figure you
must have something to do with it.
MR. KLATZKOW: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. KLATZKOW: I just wanted to confirm, the Rookery Bay is
not among the conditions of this conditional use.
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July 19,2007
CHAIRMAN STRAIN: Well, I know, that's where I was going.
MR. KLATZKOW: So I really don't know where we're going
with it.
CHAIRMAN STRAIN: One at a time.
And Mr. Murray, did you want to contribute?
COMMISSIONER MURRAY: No, I'm sorry I was out of order.
I was being reactive because I realized a while ago that it's spinning
out in space, it's not a part of this.
MR. BROOKER: I can bring it back into orbit.
COMMISSIONER MURRAY: Well, the chairman has the floor.
CHAIRMAN STRAIN: The only thing I wanted to -- thank you.
The only thing I wanted to say is if you're under the assumption,
based on the statements you made to the EAC, that the operations
manual was something that was enforceable by code enforcement and
you thought it was part of this conditional use, based on what I'm
hearing now, it has not been proffered forward as part of this
conditional use by staff, nor analyzed in that manner. Which means
we may have a disconnect between what you're thinking you're
presenting here today and what is actually being done by staff.
MR. BROOKER: A couple of points. Number one, with regard
to Rookery Bay being able to suggest that the conditional use be
revoked if certain criteria are met, a persistent record of violations, we
gave -- obviously early on we had this discussion with them. And
what happens, you know? It's just money that we pay if we violate the
rules, and is that really -- you know, a slap on the wrist really
meaningful?
And so what we tried to do was we tried to create a mechanism
by which Rookery Bay could come to the county and say, you know,
it's just not working out, do something about it.
Collier County Attorney's Office from day one always was
uncomfortable with that, for the very reasons that have been expressed
here today. And so for that reason, condition number 14 was borne.
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July f 9.'~007
And so what this does is Rookery Bay, under our private
agreement with them, can come here and suggest that it be revoked all
they would like and there may not be a mechanism by which that
really has any teeth. But condition number 14 does. And so -- and it
uses some of the same terms that we have included in the private
agreement with Rookery Bay.
So if we're before BCC because we've violated some rule and
Rookery Bay stands up and says it's not working out, that's going to
carry a lot of weight. And it's essentially the death mill.
And so while our private agreement may not be all that effective,
condition number 14 is.
With regard to the disconnect and the addition of the operations
manual into -- the inclusion into our package, whether staff analyzed it
or not, I don't -- I can't control what was read, what wasn't read. But it
was submitted at all times as part of our package and referenced
throughout our application.
If there's an issue that there's a problem with that, those rules may
not be enforceable because of some technical disconnect, make it part
of your motion as a condition.
CHAIRMAN STRAIN: Well, before we could do that, my
concern was from a staff perspective, how could Collier County
handle it? Could they handle it? With a budget situation, it may have
required more from your end of things to fund facilities that would
need to be to monitor you. I don't know. I mean, if staff hasn't made
that assessment, which I don't think they have, based on what I've
heard, then I'm not sure that it's an effective condition of this
conditional use in regards it's not been analyzed that way. And I'll see
when staff gets up here, we'll ask the same questions.
So let's get back to your declaration of covenants and conditions.
That's part of the operations manual.
If I'm not mistaken in reading this, it restricts access to the
property only to certain people: The club's members, member's
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July I if!2007
guests, club's employees and others permitted on the property by
declarant in a matter compatible with the sensitive environment of
Keewaydin Island. This is the first page. The public is not
mentioned. So the public is not allowed?
MR. BROOKER: Correct. Well, the public's not allowed on our
private property. Obviously the public can come to the beach.
CHAIRMAN STRAIN: I just wanted it clear.
You have a revised and restated agreement between Rookery Bay
and yourselves. And I assume it's the one -- it's Exhibit 2 in the
operations manual. On number three, Page 2 of that document, the
last sentence says, the Club at Naples Bay Resort shall keep on file a
signed acknowledgement form for each member and employee ofthe
Club at Naples Bay Resort.
Now, in the declarant of covenants that I just read, you addressed
more than members and employees ofthe club. Why wouldn't you be
seeking the same kind of signed acknowledgement from everybody
that goes to that site, rather than just the limited employees and
members of the club?
MR. BROOKER: Well, I think in the Declaration of Covenants,
I'm trying to find where that --
CHAIRMAN STRAIN: Declaration of Covenants, it's in the
second paragraph on the first page, the second whereas.
MR. BROOKER: I believe the reason why we were expansive in
the declaration was to explain who could possibly join -- accompany a
member to the property as a simple whereas clause. And we are also
including maintenance personnel, in the event something goes wrong.
But with regard to the revised restatement and agreement, if you
want to make it a condition that for example our wastewater
maintenance firm, they must sign this as well when they go out there
to take a look at the wastewater system manually, then I guess we
could do that as well.
CHAIRMAN STRAIN: You're going to have other people that
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July 19, 2007
aren't members of your club having access to the facility. You say
that in the declarations whereas clause. And others permitted on the
property by the declarant.
My only concern was that in your signed acknowledgement
you're only going to get it from members and employees of the club,
period. Why wouldn't you just get it from everybody that sets foot on
that property?
MR. BROOKER: We can do that. Make that a condition,
please.
CHAIRMAN STRAIN: On number seven, upon notification ofa
disputed violation pursuant to paragraph six above, the reserve
manager, DEP or its designee shall as soon as reasonably possible
contact Basil Street Partners and then shall make efforts to the
maximum extent possible to resolve the disputed violation and to
ensure that reasonable corrective action is taken.
A lot of ambiguous statements there. Nothing seems definitive.
That's the kind of stuff that we read in our LDC document from time
to time and immediately correct. And I'm just making a note to you
that I'm not sure that puts a lot of teeth in any kind of reaction,
because it's basically ambiguous in a number of different ways.
MR. BROOKER: That language came from DEP's counsel in
Tallahassee. And the idea was to keep it -- I believe to keep it
somewhat broad to address all possible situations.
And again, we're going to have to correct it. For example, if we
see someone walk across our property line with a beer, corrective
action would probably be, in that situation, inform the member that
they have violated the rules, inform them that it should never happen
again, and we are on the books as having violated one of the rules.
We make a payment to Friends of Rookery Bay as a penalty, and that
goes down as one of our violations, meaning we're back before the
BCC.
CHAIRMAN STRAIN: I understand. I just -- those kind of--
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July 19,2007
'l
it's not as tight as I would like to see those paragraphs.
Number II, the last part of that, you talk about DEPlRookery
Bay may, at its sole discretion, recommend that Collier County revoke
Basil Street Partners' conditional use permit for the property.
Mr. Klatzkow, is there any provisions in our code that fits that
ability?
MR. KLA TZKOW: Not in our code, no. But Mr. Moss would
make a presentation to you on that issue.
CHAIRMAN STRAIN: That's going to be addressed, okay.
Number 14, you talk about the conservation easement shall be a
donation to the State of Florida, board of trustees of the Internal
Improvement Trust Fund, yet on number 10 you talk about any fines
and violations basically to be made payable to the Friends of Rookery
Bay.
Friends of Rookery Bay is a non-profit. Do you know arlything
about the organization in regards to how their money is overseen in
comparison to the state's Internal Improvement Trust Fund?
MR. BROOKER: Keith may know more about this tharl I do.
But I believe the Friends of Rookery Bay is what they call a CSO
under the statutes, or a citizens support organization. It is in fact a
statutorily created organization. They are registered as, I believe, a
nonprofit corporation in the State of Florida.
And as a matter of fact, when I first was trying to wordsmith all
of this language, I made the payment to the state. Well, DEP said no,
that's probably not a good idea. And I said, why? And they said,
because when you make a donation to DEP, we don't control where it
goes. It becomes part of the general fund.
So it's not really money that's going to be used in the stewardship
of Keewaydin Island and Rookery Bay, and so for that reason the
language was changed pursuant to Rookery Bay and DEP's request.
CHAIRMAN STRAIN: Now, I'd certainly like to talk to Tim, I
guess, about your docks. As you know, that's been an issue that I
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July 19, 2007
brought up to --
MR. BROOKER: Be nice to him, he's been in the Bahamas for
like the last week or something.
CHAIRMAN STRAIN: Yeah. He's slow moving. That's what
they do down there, I guess.
Hi, Tim.
MR. HALL: Hi. Good afternoon. For the record, Tim Hall with
Turrell, Hall & Associates.
CHAIRMAN STRAIN: The dock that is there -- and I've got
your environmental impact statement -- I certainly have some
questions about it. But let's start out with the heaviest issue, and that
seems to be, in my mind, the understanding of how the dock was
permitted. I know how it was permitted, although all the
documentation for the permit is not in your packet. Seems like it was
permitted as a single-family home at a time the prior owner owned the
property when there was a plan to put a single-family home on the
property; is that an accurate statement?
MR. HALL: That's correct. And actually both properties were
permitted with docks; however, only one was constructed.
CHAIRMAN STRAIN: Okay. I know that you are well aware
of state and federal laws involving docks. There's a new Manatee Key
out -- or actually, it came out in 2005, are you aware of that, by the
Corps of Engineers?
MR. HALL: Yes, sir.
CHAIRMAN STRAIN: Okay. I have read it and I believe based
on that Manatee Key, that this would be a may effect the manatee,
requiring a consultation with Florida Fish & Wildlife -- or Fish &
Wildlife Service. And the Corps then would be involved in the new
permitting of that dock. Is that your thoughts on that, or how would
you be seeing that happening?
MR. HALL: What we anticipate happening is that the -- if the
conditional use is approved, then the actual use of the dock will have
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July 19,2007
to be amended to DEP. An application will have to be made to change
the use of the dock from a single-family use to a support for the
upland facility in terms of a boat dropping people off. It wouldn't fall
under the stricter guidelines of the single-family use.
So we anticipate that DEP may request a submerged land lease,
or a private easement be implemented as part of that application.
When that application is made, DEP will also send a copy of that
to the Corps, and that's when the coordination with them will initiate.
I'm not sure how they will look at that. I mean, right now the
dock is permitted for two vessels, full-time use. And what is being
proposed is limited to one vessel and only daytime use. No nighttime
or evening trips. So they may ask Fish & Wildlife Service for
coordination, but I couldn't say whether they will actually make a may
effect or a may effect not likely to adversely effect determination.
CHAIRMAN STRAIN: What do you think DEP is going to
classifY the dock as? Under what category?
MR. HALL: Quite honestly, it is a little bit of a gray area. They
may look at it as a commercial facility. However, that normally is
given a designation when it is supporting a revenue-generating
facility, which this is not. It's merely transport for residents to access
recreational facilities.
There's not a specific user fee associated with going out to the
island and all, so they could still look at it as a support for like a
multi-family operation where this is giving access to multiple
residences to the -- to one specific point.
CHAIRMAN STRAIN: Okay, under Collier County rules, for
this dock to have been approved as a single-family dock, it went
through an administrative review through staff. Because that's an
exception for single-family docks. But my reading of that section of
the Land Development Code, that exception only applies to
single-family docks. Would you anticipate this then, that any new
change in that dock, because it no longer would be maybe considered
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July 19, 2007
a single-family dock, that it would now become a public process to
have the dock approved?
MR. HALL: If it's not addressed as part of the conditional use,
then that is a possibility, that the dock itself would also have to go in
front of the public review.
CHAIRMAN STRAIN: So is it your contention that the intent
today is also to be addressing that dock as this conditional use process;
do you know?
MR. HALL: My assumption would be that -- would be yes, that
that is part of the -- that would be part of the process. But whether
that has been clarified or not, I'm not sure.
MR. BROOKER: I think what our position on this would be is
the dock is over sovereign submerged lands. Jurisdiction for that lies
with the Army Corps and DEP, that a condition be made to the
conditional use approval that we must comply with all applicable state
and federal regulations.
So in the event that we aren't able to permit the use ofthat dock
consistent with DEP and Army Corps regulations, then we're
essentially dead in the water. But that's what we have seen on almost
every land development order that comes out of the county is you
must be consistent with all applicable state and federal regulations.
CHAIRMAN STRAIN: My concern there would be if this
conditional use is intended to approve a dock, I'm not sure the focus,
from the application that I've seen in front of me, nor in staffs review
applies to the review of a commercial or multi-family dock facility as
it's being proposed versus just this is what's there now. I don't know if
they looked at it that way. And that's certainly a question I'll have to
ask staff when we get staff back up here.
MR. BROOKER: And I don't think we're asking for approval of
a dock in conjunction with this application.
CHAIRMAN STRAIN: Okay. So then the code section that
references a separate public review of a dock other than a
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July 19,2007
single-family, if that applies to you, your intention is to go forward
with that and not have that -- have the -- today's actions signifY any
approval of that dock facility?
MR. HALL: That's correct, yes, sir.
CHAIRMAN STRAIN: Took a while, but we got there.
MR. HALL: I guess I was just trying to generate the fact that
you're aware that boats will need to use the facility as support for the
upland use.
CHAIRMAN STRAIN: There's a use -- the upland use is going
to trigger change in the use of the dock.
MR. HALL: That's correct.
CHAIRMAN STRAIN: And the change in the use of the dock
would be a different level of change than a single-family house may
impact, and therefore you've got different agencies to deal with,
including Collier County.
MR. HALL: Correct. And that has not been started because it is
not an easy process. And if the conditional use is approved, there's no
point in actually undertaking that.
CHAIRMAN STRAIN: Mr. Klatzkow, now that we know we're
dealing with a dock that is not single-family, is there a conditional use
process applicable to this land, an AST designation, that allows a non
private dock?
MR. KLA TZKOW: I will answer the question saying I like what
Mr. Brooker has said, if at the end of the day he's precluded by our
code from getting a dock, all right, he's dead in the water. Now, I don't
know that he is, but I think he's going to have to comply with all
federal, state and local regulations involving this dock, should the
conditional use be granted.
CHAIRMAN STRAIN: My concern was that if we have a
certain array of conditional uses allowed on properties, and they're
tailored as things that may be compatible, depending on how the
public process and the analysis goes forward on a case-by-case basis.
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July 19,2007
And on this property a recreation facility -- is there a recreation
something that's one of them?
Is a dock considered something that a conditional use could be
applied to in this condition? Does it fall under -- does a commercial
dock or a multi-use dock, as this may be called, fall under the
recreational aspects ofthe conditional use allowed on the property, or
are we dealing with something that isn't even allowed to begin with in
regards to the dock use?
MR. KLA TZKOW: You're giving -- well, he's asking for a
conditional use for a residential -- for a recreational purpose. I don't
think he could then turn around and get a dock for a commercial
purpose. I think he's precluded from that. So if you're asking--
CHAIRMAN STRAIN: That's kind of what I was concerned
about.
MR. KLATZKOW: Yeah, so I think he's dead in the water on
that. He's going to have to get -- his dock permit's going to have to
comport to whatever use he's been granted here. And he's asking for a
conditional use for a recreational facility. So his dock permit's going
to have to be for a recreational facility. He can't say I'm not
commercial here, I'm recreational and then turn around on his dock
permit and say I'm commercial.
CHAIRMAN STRAIN: And the conditional use allowed on the
property, even though it's for recreational, the dock that would have to
go with this facility, whatever it is, would be an allowable conditional
use?
MR. KLATZKOW: I don't know. I don't know.
CHAIRMAN STRAIN: I'll let that ride. I just want to throw it
out for discussion.
MR. KLATZKOW: I think he has issues.
CHAIRMAN STRAIN: Well, I'm just letting you know about it.
Tim?
MR. HALL: Yes, sir.
Page 43
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July 19,2007
CHAIRMAN STRAIN: On Page 3 of your report on the bottom,
you talk about the noise level at the shelter is expected to be less than
55 d.b.a. They're talking 65. How much ofan impact would that have
on your conclusions?
MR. HALL: Who's talking 65?
CHAIRMAN STRAIN: Your applicant. The county staff has
said as a condition of this particular applicant, that they would be
limited to a decibel level of65. Now, I don't know why county staff
would say 65 when 55 is what the applicant says they're not going to
exceed. But maybe that came about by staff, not by the applicant.
MR. HALL: I'm not aware of where that was originally -- we
were told that given the mufflering (sic) and shielding technology
available for the generator that we could meet the 55 d.b.h. level.
CHAIRMAN STRAIN: Clay, do you have any problems with
the 65 -- I mean, 55 versus the 65 that's in the conditions as
recommended by staff? If staff were to recommend 55, is that a
problem?
MR. BROOKER: Measured from where?
CHAIRMAN STRAIN: I haven't got the code book with me,
Clay. Otherwise I'd be able to quote--
MR. BROOKER: If it's measured at the property line -- I don't
think we have a problem with 55 measured at the property line.
MR. HALL: I'm not sure if the staff -- I think there were some
differences in what the level would be at the generator versus at the
shelter. And that may be where that discrepancy came in.
CHAIRMAN STRAIN: I think the code reads at the property
line.
MR. HALL: The code does read at the property line, yes, sir.
MR. BROOKER: And Mr. Strain, since we're quoting the EAC
so much today, the chairman of the EAC said that the noise expected
from this generator would be a hum, like a hrnmm. And he actually
did what I just did during the EAC meeting.
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July 19, 2007
CHAIRMAN STRAIN: Is he a sound expert or something?
Okay, on page -- on Page 4 of your EIS, on the top you have a
lO-gallon -- the wastewater from the restrooms be treated through an
on-site aerobic treatment septic system and drain field. The capacity
of the septic system will be based on a IO-gallon person per day water
use capacity.
The documents we have in front of us today show they're gearing
it for a 25-gallon per day. Will that have any impact on the outcome
of your EIS?
MR. HALL: No, it will not. We were told that that facility could
be housed within the same footprint. So if anything it would give you
a little bit more buffering capacity in case there is, you know, extra
use.
CHAIRMAN STRAIN: On Page 14 of your EIS, you are
responding to GMP sections. And you're responding to Section 10.3.6
and 10.3.8, and you were talking about the impacts. You kept
referring to the structure. And each time I notice you referred to the
structures, the fact that two single-family homes or the structure you're
building. That's the density related issue, but how did you address
intensity of the use of the property, or did you address intensity of the
use of the property?
MR. HALL: I didn't really address it in the EIS. In some ofthe
later conversations when this went through originally we looked at the
actual square footage of beach and how much, you know, beach that--
that would be available to the actual patrons of the facility. And given
that they went from 56 down to a maximum of 20, the intensity was
not considered detrimental environmentally, in my opinion.
CHAIRMAN STRAIN: Did you do an analysis then on the
intensity of the 56?
MR. HALL: Where it started was originally -- I believe it was --
I can't remember the number now. Was it 40 a square footage per
person?
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The 56 actually came out of a number that had a minimum area
of beach per person. And that was considered the kind of the
minimum that was necessary to not have crowding and personal space
issues.
CHAIRMAN STRAIN: So you didn't do an intensity study or a
document analysis that is in front of us for the 56?
MR. HALL: No, sir.
CHAIRMAN STRAIN: But the 20 was determined to be less
intense than the 56, simply because it was a lower number than the
56?
MR. HALL: Correct.
CHAIRMAN STRAIN: You know, and we did this on the first
hearing, too. You take Collier County's persons per household and
divide it, which is 2.39, and divide it into the persons you're allowing
to equivalent -- to figure out an equivalent number of homes that
would generate the same people.
And as I said in the 56, it was a higher number than the facility.
In this particular case, 20 equates to over eight homes. And I don't
know if anybody looked at that home format for intensity in regards to
this project.
MR. BROOKER: Sir, are you looking at an average home?
CHAIRMAN STRAIN: I believe that's how the persons per
household is calculated through the census.
MR. BROOKER: And so what are you comparing that to in
terms of our average usage.
CHAIRMAN STRAIN: I'm trying to understand if you have 20
people frequenting this site on, say, a continuing basis, how does that
compare to a home? And some of those homes, by the way, are not
continuous, they're only seasonal. So that means you'd have an
equivalency of eight homes or a little over eight homes by the 20
people.
MR. BROOKER: A couple of responses. Number one, these are
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not average homes. Number two, they can be rented. Number three,
they can have no limitation on the number of people whatsoever.
They'll be three to four bedrooms each. So if you want to take that as
the average house in Collier County, we believe your premise is
flawed.
Number two, the -- as many times as I've watched planning
commission meetings and as many times as I've been in front of
planning commission meetings, everyone says you have to prepare for
the worst case scenario. Our worst case scenario is going to be 20
people. Compare that to a worst case scenario, two single-family
homes that have no environmental controls and no limitations on the
number of people they can have on there for fundraisers and parties --
CHAIRMAN STRAIN: You're going fast. I know she's not
getting your stuff, so slow down a little bit.
MR. BROOKER: So we believe that that's just an unfair
comparison to say that this is an average home and that there's going
to be 2.4 people. One way to -- per home.
One way we can address that is, okay, well, you have two homes.
2.4 times two, what's that, five people, five or six people. That's
probably what we anticipate going out there on an average basis.
But if you look at the worst case scenario, ours is 20. For you to
do a fair apples to apples comparison, what is the worst case scenario
ofa single-family home times two with no limitations? You can't even
calculate it. We have evidence of parties over 100 people on
Keewaydin Island on private property.
So we would ask you to take that into account when you try to
apply that comparison and at least to an apples to apples bare basis.
CHAIRMAN STRAIN: Have you done any studies or anything
you could supply us with to show us how this was looked at or any
kind of averages that you have made?
MR. BROOKER: Collier County has ascribed a 500 square foot
per person beach measurement, or carrying capacity to Keewaydin
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Island.
COMMISSIONER MURRAY: Five hundred.
MR. BROOKER: City of Naples is two to 300 square foot per
person.
But because this is a barrier island, Collier County figured, well,
no, two to 300 square foot per person is a little bit tight. So they said
500 square feet of beach.
So we looked at the amount of beach we have, we multiplied it
out, and it comes up -- you know, we know there's going to be
accretion and erosion. What I understand is Keewaydin Island is
experiencing more accretion than erosion, but I'm not an expert in that.
But with the existing beach we have right now, it comes out to
over 21 to 22 people that can fit comfortably, using Collier County's
own standard for Keewaydin Island. So we reduced that. We rounded
it down to 20. And really, it won't even be 20, because if we have 19
members, we have to have a staff person out there.
So that's a total of20. So it would be 19 people, possibly, that
could be on the beach, which is well under the threshold set by Collier
County .
CHAIRMAN STRAIN: Okay, thank you. Appreciate it.
Tim, that's most of the questions I have at this point. I've got
questions of staff that may boil over to your side. But Mr. Murray?
COMMISSIONER MURRAY: I have a number, if I may. Not
for Tim, but -- well, perhaps for Tim. But I'd like to go quickly
through, because we're wordsmithing or qualifying information, and
maybe it's necessary to do that.
With regard to your operations manual, let's go to introductions,
Page 1.
Got it?
MR. BROOKER: Yes, sir.
COMMISSIONER MURRAY: I'm looking at the last paragraph,
and essentially the last sentence, really. And I'm concerned with the
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statement, repeat offenders may be banned from the facility, if
necessary .
So I have a question for you with regard to your gate at the dock.
What is contemplated when a boat brings people there, presumably
the boat will leave. When the people are there, is the gate to be
locked, or will the gate remain open and available 5should somebody
who shouldn't be there, according to this, decide to come in and take
and make access to the place?
MR. BROOKER: The gate will be locked.
COMMISSIONER MURRAY: Okay, what do we do in the
event that there is a fire situation, given that?
MR. BROOKER: Isles of Capris Fire District will be given a
key to the gate.
COMMISSIONER MURRAY: I'm talking about freedom to get
away from the fire, should there be. There's all mangrove and stuff
out there.
MR. BROOKER: There won't be anyone on the property
without someone from our club, a staff person on the property. So in
the event of an emergency, there would be obviously some sort of
evacuation --
COMMISSIONER MURRAY: Everybody get to the Gulf if the
gate is locked, because you really couldn't go anyplace else, correct?
MR. BROOKER: They could either go to the Gulf or they go to
the dock where the staff person has unlocked the gate.
COMMISSIONER MURRAY: Okay. So there'll always be
somebody, and there's no problem with that, correct? Thank you very
much for that piece of it.
You don't know how many times a day that -- and by the way, I
would suggest that you consider the use of the word "may", and if
necessary there. Too many opportunities for somebody to get by with
this. And you don't know how many times a day shuttle go there.
You're anticipating, according to you, best case situation, or
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July 19,2007
maybe worst case, depending upon your view, maybe six people ih at A
given day. Maybe in an extraordinary event you might have 20, but
that you'll lock it out there.
When you say reasonably locked on Page 2, bottom, hours of
operation, what does reasonably mean in that context?
MR. BROOKER: Well, at the time that that language was
created, we didn't know exactly what kind of locking mechanism we
were going to use. There were certain -- certain people recommended
like a magnetic card type ofthing or just a dead bolt. And so we left it
open to allow us a little bit of flexibility.
Now I don't believe the magnetic card idea is such a good one. It
would probably -- we understand it to be a dead bolt situation where it
is in fact locked. But my use ofthe term reasonably locked is because
it's a screen shelter, it's kind of a beach campy structure.
How locked can you make one of those things? But the idea is to
put dead bolts in there and to prevent entry when we have not
transported the members out.
COMMISSIONER MURRAY: Okay. So maybe you might
want to drop the word reasonably, if it makes sense to do so. Let me
continue quickly.
You have on Page 6, let's see, at daily operations you use the
words in the last -- second to the last sentence -- the last sentence of
that first paragraph, it is important not to store these items. I would
think you might want to use the words it is prohibited.
MR. BROOKER: Can you direct me?
COMMISSIONER MURRAY: Yeah, I'm sorry, it's Page 6, food
and beverage. Last sentence in the top paragraph.
MR. BROOKER: Okay. We agree.
COMMISSIONER MURRAY: On Page 6, trash disposal, last
paragraph there, the last sentence it's, are encouraged, it says,
throughout the property and uses are encouraged.
Why don't we put some teeth in it. Use must. I mean, we
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encourage people to do a lot of things and they say I don't want to. Is
that too strong, do you think, must?
MR. BROOKER: Well, let me tell you how the layout came
about. You're pointing to words that are in kind of like the
explanation, what we call the introductory or explanatory paragraph
that immediately precedes the rule. And that's what DEP wanted.
DEP wanted to pull out a very hard fast rule out of each of these
explanatory paragraphs.
So when you say you want us to remove, it is important not to
store items like food and beverages, you go to the next rule, you can't.
It's very clear, it's not discretionary language, it's mandatory
language.
And the same is with the language in the bottom that you've
pointed out, the encouraged to use receptacles. We have no problem
changing it to the way you like, but that was the background of how
the manual's layout came about. It was an explanatory paragraph, and
then the hard and fast rule.
COMMISSIONER MURRAY: That's somebody's concept of
the way flow should be. But my mind, when I scrutinize something,
and while I may accumulate the information as I've gone from
paragraph to paragraph, I don't read the paragraph before it before I
read the paragraph that I'm reading. So my questions are predicated
on the accumulation, as you see. So--
MR. BROOKER: Okay, point taken.
COMMISSIONER MURRAY: And if you think that it's too
critical, it may very well be.
And my point here is that inasmuch as Collier County -- if this
were to pass, Collier County will have very little to do if anything
with making certain that the prohibitions are in fact real and that they
are working, will be depending upon DEP and Rookery Bay personnel
who have -- I have no idea what staff they'll have and how much
they'll spend their energy on trying to verify that the prohibitions
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you've agreed to that you sustain.
So I'm looking to see if you're going to acquaint some of the
people who are going to go there with prohibitions. I think flowery
language or genteel approaches may not be the best approach.
I think -- you know, when we go to a state park it says clearly,
dogs not allowed. This is not done. I don't know why we have to
inform others in a more flowery way. So that's the reason why I'm
questioning.
CHAIRMAN STRAIN: Mr. Murray, before you continue?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: I was thinking of giving a break. I
didn't know you had more --
COMMISSIONER MURRAY: I have --
CHAIRMAN STRAIN: Do you want to come back after break
or --
COMMISSIONER MURRAY: We'll do it after break, and I
only have a few more, but I do want to do them.
CHAIRMAN STRAIN: Okay. Well, let's take a 15-minute
break and come back here at 10:25.
(Brief recess.)
CHAIRMAN STRAIN: Okay, if everybody would please come
back to their seats and we'll quiet down and resume the meeting.
When we had taken the break, Clay was responding to
Commissioner Murray. And we'll resume there. Thank you.
COMMISSIONER MURRAY: I think we did finish that
particular question.
MR. BROOKER: Page 6 of the operations manual you had
gotten through.
COMMISSIONER MURRAY: What's that?
MR. BROOKER: Page 6 of the operations manual you had--
COMMISSIONER MURRAY: Yeah, I think we dealt with that.
Didn't we finish that?
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July 19,2007
MR. BROOKER: Yes.
COMMISSIONER MURRAY: Okay. I'm now on Page 14.
This may sound off the wall but we'll go with it anyway. Page 14.
The question came to my mind, what if eggs were laid right on
the beach right in front the parcel? Now, I don't know if that's
possible, probable, but it is a question. What action would be taken
then?
MR. BROOKER: Well, I think it's a -- the whole purpose behind
this comprehensive scheme is to work in cooperation with Rookery
Bay. And almost throughout the operations manual we're required to
notify them, keep them in touch, let them know what we see, what we
do. And if something like that appears where we really don't know
what the proper action is, we will rely upon the experts to tell us.
COMMISSIONER MURRAY: Okay. So if they pattern the
beach off and put their yellow tape or whatever they use, then clearly
your person would feel if not instructed would feel an obligation at
least to make certain that people who were uninitiated would
understand and respect that this is a turtle nesting area.
MR. BROOKER: Oh, absolutely.
COMMISSIONER MURRAY: Okay, that's all. That's
important to have that noted.
Let me then go to -- I think we answered the question on the lock
at the beach.
I know that Commissioner Strain indicated -- he questioned you
on the Declaration of Covenants, but I want to go over that one thing
agam.
On Page 2 of the Declaration, item three, I just want to get it
clear for my purposes, if nothing else, item three reads, DEP shall
have the authority -- DEP shall have the authority -- to enforce the
covenants, conditions and restrictions contained herein in any judicial
proceedings seeking any remedy.
Do they become your surrogate in that context? I mean, if you
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July 19, 2007
were to have to come to the county and they're the parties, they'll have
the authority to enforce. They'll also -- they could almost be your
amicus as well.
MR. BROOKER: Yes. And the enforcement authority by
Rookery Bay and Collier County is mutually exclusive, meaning --
COMMISSIONER MURRAY: I understand.
MR. BROOKER: -- Collier County can come at us. If these are
made conditions of this conditional use approval, we're in violation of
that. It doesn't end there. DEP has a right under this publicly
recorded document in the event this is approved, would have the right
to enforce through a court system, if they wish.
There's no real, I don't know, uniqueness to this kind of
paragraph that you would find in a declaration. Most declarations --
or a lot of declarations will include a paragraph like this that
specifically empowers one entity, individual, one group to have
enforcement authority and oversight over you to make sure you're
complying with the rules.
COMMISSIONER MURRAY: I understand. But I wonder if
the county then would construe that it precludes its rights. And I
doubt seriously it would construe it precludes it. But it does put this
whole issue again in serious question as to who has rights.
And when I speak of the amicus issue, there is a question
certainly as to -- there's an -- I remember the gentleman, whose name I
apologize for forgetting, the representative from Rookery Bay -- who
felt very strongly that this was a very tine cooperative venture and
therefore has a strong interest in the preservation of this arrangement,
should it go forward. And I see that as a potential for if there are some
questions well, all right, we'll let you slide on one ofthese issues.
That's the concern I have. Not that gentleman but the next gentleman.
So we're talking about the goodwill of human beings, but we're
talking about sometimes the bad behavior of human beings. And we
write documents to show that we recognize that and that actions are
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possible to either prevent it or to remonstrate and/or to penalize.
And if we're going to go over these things and if we're going to
have this thing go forward, and I don't know if it will, it is essential
that we have -- the closest we can get towards a true restriction on bad
behavior, the assumption that there will be good behavior. Am I
wrong?
MR. BROOKER: No, I don't believe you are.
COMMISSIONER MURRAY: So that's the basis for my
questions. Which may sometimes seem inane, perhaps initially, but
on further consideration you go a little further, you start to think about
it.
MR. BROOKER: Well, with regard to our working with DEP
and them being somehow nice to us in the future and letting things
slide, that is not going to happen. I can tell you, just our -- my
experience with this is when we first started putting together this
package it grew three times in size once DEP and Rookery Bay got
ahold of it. Because they went through it with a fine-tooth comb.
And Keith will tell you that they did. It went through Rookery
Bay, it went through Tallahassee attorneys. And they came back and
they tried to do as best they can. They do get the benefit for the first
time on Keewaydin Island. They have enforcement authority, some
type of enforcement authority, over private property. No other private
property owner has offered that to them.
And so this is a benefit to them. They look at it as a good thing.
Does that mean they're going to turn their head to their prescribed goal
and job, to preserve Rookery Bay and Keewaydin Island? I highly
doubt it.
And number two, again, we are -- a comment is made on whether
the county is precluded from enforcing these conditions. I ask you not
to take a technical look at these materials in that way. What I ask you
to do, we submitted them as so they would be part of the conditional
use approval. Every rule in here would be a conditional -- a condition
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July 19, 2007
imposed upon us.
We are not trying to pull a fast one. We're not trying to say the
county can't enforce. Enforce it. Make it a condition. If there's any--
and the condition can be stated, in the event of any ambiguity over
whether the DEP or the county has authority to enforce, it shall be the
county. Make that a condition. Because that's our intention.
COMMISSIONER MURRAY: Okay, I thank you for that part
of it. Because it does come in too on Page 3, my notations next to
items nine and 10 is that Collier County not a part of. But I won't
belabor that particular piece.
On your revised and restated agreement, which I believe is still
extant, that's still valid; is it not?
MR. BROOKER: I'm sorry, say that again?
COMMISSIONER MURRAY: The revised and restated
agreement. If there were a number, I would cite the number, but there
is not. It's sequential to your documents.
MR. BROOKER: Oh, right, right, I've got them.
COMMISSIONER MURRAY: I have -- have you found it yet?
MR. BROOKER: I've got it.
COMMISSIONER MURRAY: Okay, thank you.
My notations to myself are at the bottom where it has a reference
to items one and two. And my first note is on item one with revisions
up to date.
Is there an action, do you have some means by which you'll
revise the manual to bring it up to date from time to time? That might
be a standard practice, but I wonder if there are things that are learned
whether you've encumbered yourself so that you're obliged to bring
them up to date. Because, you know, we tend to hear about
government that had something in 1922, and that doesn't apply
anymore, and we'd like to think that we were talking about something
that's applicable today. That's the basis for my question.
MR. BROOKER: I don't have the particular paragraph in front
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July 19, 2007
of me, but there was flexibility built into this whole document
whereby DEP, Rookery Bay and us, we would have the means to
revise this document to reflect whatever is actually approved by the
county. So there's flexibility in there. And there's a requirement that
we continue working together in that regard to make sure this
document is consistent with whatever the county says.
COMMISSIONER MURRAY: Okay, thank you for that.
But the next question that begs is when you do revise it and
update it, will you obligate yourself to make certain that the county
agrees with the updates and the revisions?
MR. BROOKER: Well, by definition the county would have to,
because we are going to revise it to be consistent with what the county
has dictated to us.
COMMISSIONER MURRAY: Okay, that's the agreement. And
I'm referencing the agreement, yes, you would. But also the basis for
the agreement is -- well, not the basis but the outcome of the
agreement is the operations manual and the other things. And I'm just
trying to put a little bit of a concern in there that we don't want to have
changes to the operations manual that are not reflective of the
agreement.
MR. BROOKER: It's not going to happen. And in the event it
does --
COMMISSIONER MURRAY: All right. It's on the record.
MR. BROOKER: -- then it will be -- we'll have to be back
before you.
COMMISSIONER MURRAY: Okay, it's on the record.
Now, I just want to be clear, on the following page on item three,
it says to all members. And I know that you're going to sell
memberships to boat owners. They won't be unit owners but they'll be
owners of their own boats.
MR. BROOKER: Yeah, every owner of a wet slip is a --
COMMISSIONER MURRAY: Is a member.
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MR. BROOKER: -- is a club member.
COMMISSIONER MURRAY: Okay. So that covers
everybody.
I want to come to my end very quickly here.
All right, I have my -- my last question is on Item 15 of the same
document, where it speaks to Basil Street Partners and DEP Ribner
(phonetic), will cooperate to produce a mutually satisfactory
monitoring program for the property which will include recording the
numbers of permitted visitors. How about the nonpermitted visitors
who will come by boat via the Gulf and who come on and exceed your
number?
MR. BROOKER: We certainly can include that in the
monitoring program. Instances whereby club members have violated
the rules and attempted to come onto the property in violation of the
rules. And we can include that in the monitoring program and report
that.
But again, they're not going to be able to come onto the property
if we are at our maximum. Anyone can beach a boat, but we are not
going to allow them to come onto our property, into the beach shelter,
that sort of thing, if we are at our maximum number of people.
COMMISSIONER MURRAY: And that would be declared to
the individual or individuals at the moment that they attempted to do
so?
MR. BROOKER: Absolutely.
COMMISSIONER MURRAY: I want to thank you for your
patience in answering my questions in detail.
MR. BROOKER: Thank you.
CHAIRMAN STRAIN: Okay, any other questions of the
applicant?
(No response.)
CHAIRMAN STRAIN: If not, we'll-- thank you, Clay. We'll
entertain a staff --
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MR. BROOKER: And again, I would like to reserve time after --
CHAIRMAN STRAIN: That's fine. We have public after staff.
MR. MOSS: Good morning. lohn-David Moss, department of
zoning and land development review.
Staff has evaluated the application pursuant to the conditional use
criteria that's outlined in the LDC. and has determined that the
...mQ.Dosed beach shelter, as conditioned, would be consistent with the
purpose and intent of the conservation designation of the Future Land
Use Element of the Growth Management Plan consistent with both the
future -- excuse me, consistent with both the agricultural and special
treatment zoning district requirements of the LDC.
THE COURT REPORTER: Could you please slow down.
MR. MOSS: All right, let me repeat that.
t rmined that the ro osed beach shelter, as
conditiOned, wou e consistent WIt the purpose and intent of the
conservation designation of the Future Land Use Element of the
Growth Management Plan and consistent with both the agricultural
and special treatment zoning district requirements of the LDC.
It would provide adequate ingress and egress to the property,
would have a minimal effect on neighboring properties in terms of
noise, glare, economics and odor, as the site abuts vacant conservation
land that's owned by the state and is approximately 1,000 feet north of
the nearest neighboring structure. And it would be compatible with
adjacent properties in the district which also share the conservation
designation, agricultural zoning and special treatment overlay, as 89
percent of the site would be placed under a conservation easement,
with 95 percent comprised of native vegetation.
The Environmental Advisory Council heard this petition on May
7th, 2007 and unanimously recommended denial based on concern
regarding the human impacts of the proposal on Keewaydin Island and
the precedent that such an approval would set for future beach facility
projects.
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The required neighborhood information meeting was held on
March 19th, 2007, and staff has received no letters of support or
objection from the community.
Staff is recommending awroval of the J1rQPosed conditional use,
subiect to development conditions dateQJune 17th, With a stipulation
tflaftfiehearmg referenced in Condition 14 be conducted in the same
general manner as set forth in the LDC Section 10.08.00, except that
the matter will go directly to the BZA.
Also references in Condition 14 to the BCC should be stricken
and replaced with the Board of Zoning Appeals.
Thank you. I'll try and answer any questions you may have.
CHAIRMAN STRAIN: Okay, are there any questions of staff?
Mr. Schiffer?
COMMISSIONER SCHIFFER: And David or Jeff may answer
this. How powerful is this precedent? The big concern here is that if
we allow this as a conditional use, which stands alone, based on where
it is on the island and everything, is that a powerful thing?
MR. KLATZKOW: At the end of the day, it depends upon the
trier of fact.
Mv personal opinion is that this is precedence. You know, ifvou
~ another one before you -- if you say yes to this one. how are you
going to say no to the next one ifthev come up with the same
conditions. without being arbitrary and capricious?
COMMISSIONER SCHIFFER: And I think the way we could is
the next one would have to be nestled between two state properties,
away from the residential areas. I mean, this is kind of a perfect
location for this.
MR. KLATZKOW: But if you say yes to this one, you're going
to have to say yes to probably every one, because --
COMMISSIONER SCHIFFER: No.
MR. KLA TZKOW: The argument would be if you say yes to
putting this between two areas of conservation, how can you say no to
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putting this between areas that are developed?
COMMISSIONER SCHIFFER: Because I think next to a
residential property this would not be a good use. A thousand feet
away from the nearest one this could be a good use.
MR. KLATZKOW: And as I said before, it will be up to the trier
of fact to say whether or not this is precedent or not. I think it is.
MR. MOSS: I'd just like to say that I think if this proposal had
been nestled between two residential structures, it wouldn't have met
the criteria that are outlined for a conditional use in the LDC.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Could he amplify that? Mr.
Moss, could you amplify that --
CHAIRMAN STRAIN: Could you pull your speaker closer,
Bob?
COMMISSIONER MURRAY: Oh, excuse me.
Could you amplify for us why that would be the case?
MR. MOSS: Right. Because of criteria three that says the
development would have a minimal effect on neighboring properties
in terms of noise, glare, economics and odor. I don't think it would
have met that.
And number four, that it wouldn't have been compatible with
adjacent properties. So I think it would have failed to meet those two
criteria.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay, David, I've got a question and it
goes back to what you heard me asking earlier about this operations
manual, this agreement.
In your evaluation of this project, did you believe that you were
evaluating the language of that operations manual like we evaluate our
LDC language so that it was applicable through a code enforcement
action?
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MR. MOSS: No. The language that we felt was relevant from
that operations manual was incorporated as development conditions --
into the development conditions that you have. So no.
And that's explained in the staff report, too, that the agreement
between Rookery Bay and the applicant is a private agreement that's
not enforceable by code enforcement.
CHAIRMAN STRAIN: Okay. Now you've heard the applicant
believe that their intention was -- or not they believe, they actually
stated their intention was that this document was supposed to be a
conditional part of this conditional use.
Now, my next -- if you haven't evaluated it, and I certainly find
the ambiguous language in it hard to put into effect, just as we have
the same kind of language in our LDC that we try to strike from it
constantly and put in more clear language. I'm just wondering if
there's any way that it can be analyzed, or could you have analyzed it?
We would have to really rewrite a new code with an overlay for that
parcel, almost, wouldn't we have?
MR. MOSS: There are a lot of requirements. And that's why we
felt a lot of them weren't really relevant. They weren't really land use
issues and not -- I mean, the operations manual was created for users
ofthe facilities. So there's a lot of things in there that we didn't think
needed to be included as a condition in this CU approval. Like the,
you know, all users must remove their chairs by dusk, that sort of
thing, or that they can't carry beer around. I mean, those weren't really
land use issues that we felt needed to be incorporated into our CU
conditions.
CHAIRMAN STRAIN: Okay. Mr. Schmitt, I was wondering,
do you have staff to -- should this ever be construed to be applicable
to code enforcement, do you have code enforcement staff who would
have an effective way to monitor any of this?
MR. SCHMITT: For the record, Joe Schmitt, the administrator
of community development, environmental services division.
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.0.;
It's like any other conditional use. As John David mentioned, the
conditional use -- the conditions, if they're placed on this and
approved as part of the conditional use, I am faced to enforce them.
Just like a conditional use for mining operations or any other type of
conditional use. You asked the question do I have the staff to enforce
it. I have -- staff commensurate with the budget that I'm provided by
the Board of County Commissioners in order to enforce the -- all the
codes of the county, both the Land Development Code and the codes
of laws and ordinances.
All I can do in a case like this will be to enforce the conditions. I
only have authority over the conditions that are placed as part of the
approval of this conditional use. And it's pretty clear in the conditions
that John-David put there. Those kinds of things that deal
operationally with picking up trash or those other type of issues,
probably most likely those will either be at the state or through
Rookery Bay.
I will have to -- if deemed appropriate, I would have to send staff
out there periodically to ensure that the conditions that are agreed
upon are enforced, just like I would any other conditional use.
Now, at what -- how many times a year or what kind of
enforcement level I would be able to do that is based strictly on the
staff that I have. And it's pretty much not a very big staff for the entire
size of Collier County.
CHAIRMAN STRAIN: Okay, thank you, Mr. Schmitt.
Mr. Murray?
COMMISSIONER MURRAY: That's an interesting question.
They'd have to have a boat to get there.
MR. SCHMITT: Oh, I would certainly go -- I do send
enforcement investigators out to Keewaydin now. I've already -- I
have open cases there right now with vegetation, planting of
non-native vegetation and other issues.
Any time I need to get out there, in the past, at least, I've either --
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either through the boat that we have, that boat is now of course part of
parks and rec., but it would be through our boat in the county or
through Rookery Bay. We've been out there when we provided
assistance through the Rookery Bay. Or certainly I would -- don't
believe there'd be any objection from the operators of the ferry service
that if a code enforcement investigator identified him or herself as
going out there they would certainly provide transportation to go out
and to do a periodic check.
But like I said, we've been out there. I have existing cases there
right now.
COMMISSIONER MURRAY: Okay. And I appreciate your
expansion on that. But what came immediately to my mind was that
the gate would be locked, so they couldn't access it directly. But if
you're in the spirit of cooperation, that would be fine, not a problem.
Thank you, Joe.
CHAIRMAN STRAIN: Okay, any other questions of county
staff? Mr. Kolflat and Ms. Caron.
COMMISSIONER KOLFLAT: Yeah, I have one question of
Jeff.
Is the question of enough manpower to enforce this one of the
criteria that should be decided on as far as whether the conditional use
meets the criteria?
MR. KLA TZKOW: No.
COMMISSIONER KOLFLA T: Thank you.
MR. SCHMITT: Can I just make sure, and I want to clarify, as
this condition is written, it is very clear that -- and in the sentence --
and I didn't bring mine up and I'm going to steal Kay's. But it was
very clear, the BZA -- we wrote in the one condition that certainly it's
a three-year review process, but any time it's noted that violations do
exist, we can call this back at any time. And it's very clear.
And that's exactly what we need, because that does give staff the
authority to remand this to the BZA. It would not go to Code
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Enforcement Board. Ifthere were actions that deemed -- that the
conditions are violated, the way this is written now, I could bring it
back to the BZA and the BZA can revoke the conditional use. And
that is very clear. That is not in our code, but it's clear the way this is
written.
Any other violation of a conditional use -- right now, for
example, I would have to go through a code enforcement case, they
would have to bring it to the Code Enforcement Board, and then the
Code Enforcement Board would enforce the conditions.
But this is very clear, this would provide, frankly, immediate
capability of my staff to bring this back to the BZA in a public hearing
and revoke the conditions of the conditional use, or even revoke the
conditional use the way this is written.
CHAIRMAN STRAIN: Okay, Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, condition number 11, I
believe it is, as well as number 14, why were they changed from two
to three years?
MR. MOSS: Just after discussions with the applicant we decided
to extend the period to three years.
COMMISSIONER CARON: So it was rather arbitrary.
MR. MOSS: A little bit. We felt it was a little bit strict the way
it was written before, and so we agreed to change them to three years.
MR. SCHMITT: And now I'll add again because I'm
interrupting, but I will -- normally like mining it's every five years. So
just so you can kind of understand the difference. This is a little more
restrictive than what we do even for a mining operation.
CHAIRMAN STRAIN: On number 14, since Ms. Caron brought
up that one, what would you consider -- it says, the last line, in a
hearing before the BCC is triggered, the BCC shall review the
violations and determine what revisions to these conditions may be
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warranted, if any, or whether to revoke the conditional use should a
record of persistent or significant violations exist.
And again, I'm used to dealing with the Land Development Code
language. We wouldn't have any way -- we don't define persistent and
significant in the Land Development Code. Now, if you're telling us
that the code enforcement people would be enforcing this conditional
use should it be approved based on these 14 conditions, how do they
enforce persistent and significant?
MR. MOSS: Well, we can clarifY that, if you'd like to amend the
language to define what persistent and significant means. We could
do that.
MR. SCHMITT: John David, you need to clarifY that it's not the
BCC, though, it would be the BZA.
MR. MOSS: I said that in my presentation. I hope everyone
understood that. I erroneously put Board of County Commissioners as
a reference in number 14; it should actually be the Board of Zoning
Appeals.
MR. SCHMITT: In Collier County it is essentially the same
body. Our Board of County Commissioners serve as the BZA. But it
would be the BZA.
And Commissioner Strain, I can only add that if there were
complaints and a series of complaints, either noise or other type of
activity, yes, it would be subjective but that would be something we
would bring back to the board.
And basically the board -- certainly that would be up to the
applicant to argue that, and I think that it does lend itself to some
ambiguity when you use that terminology. But that would strictly be
the board, they would make that determination is it significant and
does it warrant removal of those conditions.
CHAIRMAN STRAIN: Well, I'm not so much worried about the
board making the decision on it. I'm more worried about the
defensibility of whatever decision they make. And I mean, I don't
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know, so they do -- they have 21 people there five different times, is
that persistent and significant? Or does it have to be 29 people six
different times?
MR. SCHMITT: I understand.
CHAIRMAN STRAIN: I mean, the way it's written, I'm
concerned about any kind of defense to enforce it. And I certainly
think that if you ever got to a point where you had to enact this, there
would certainly be a lot of Clay Brookers involved trying to say, wait
a minute, we didn't do that. And there'd be a lot of Jeffs saying, well,
you did. And the next thing you know we don't have a way of
determining who's right because of the language written here.
So I'm not pleased with the language. I don't know of a solution
to it, because you wrote it, but -- or somebody wrote it. But I'm
suggesting that's not the right language. I'm going to try to think of a
better statement as we go on.
Okay, anything else of staff at this point?
(No response.)
CHAIRMAN STRAIN: Thank you.
MR. MOSS: Thank you.
CHAIRMAN STRAIN: Now I guess there are -- are there any
public speakers?
MS. DESELEM: Yes, sir, there are. We have I believe six or
seven. The first one -- they'd asked me to put them in a particular
order, so I will do that. The first one is Anthony Pires.
CHAIRMAN STRAIN: Anthony Pires. Okay. And when
you're coming up here for discussion, we ask that you limit your
discussion to five minutes. There will be some latitude, but I'd ask you
all not to take advantage of it. Thank you.
MR. PIRES: Thank you, Mr. Chairman.
And if! may, if I may ask for some additional latitude; I'm
representing a number of property owners in Keewaydin,
unincorporated group of individuals, the Keewaydin Property Owners
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Association. ... 7 A
We have tried to divide our efforts up and time up to address
particular topics, and so we may overlap, but I would ask your
indulgence. I'll try to stick to the five minutes.
CHAIRMAN STRAIN: Thank you.
MR. PIRES: From our perspective, consistent with a year ago,
from our belief, nothing significantly has changed. The only number
that has changed is the number deduction in the people on the
property. Again, that's the focus. I know Mr. Brooker keeps going
back and forth between on the island, on the property.
The operations manual says on the subject property. The
application says on the subject property. That's the only limitation of
the people, the 20 people.
And to our argument, our position, that is no limitation. This
application does not address intensity of use. The application
addresses the implications of the physical structure and tries to divert
attention from the intensity of use on this parcel by an age-old tactic of
let's look at the other guy, let's look at what we could have done with
the footprint. That is the horror story of the two single-family
footprint.
Last year the horror story was look at everybody else violating
the codes on the island. That story is by the boards. This year the
story is just not look at our project, let's look at what we could have
done.
And once again, if you focus on what they're asking for it is
again remarkable for the lack of detail and the lack of analysis. The
lack of analysis and lack of data on the impact on the island of the
intensity of use. They focus on the footprint.
With regards to Mr. Brooker making representations today with
regards to what will be out there, how people will get there, I think it's
very clear to all of us that this facility, contrary to what Mr. Hall said,
is an integral part of a revenue-generating upland commercial
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operation. Naples Bay Resort is a highly intensive commercial
hotel/marina/yacht club/residential community. And Renaissance
Village, which has not yet broken ground.
As to the Naples Bay Resort, I would submit to you that the users
of that facility are not like users from Windstar who live in a
residential community.
The documents I have provided to you show that there are at least
750 club memberships. That's not people, that's memberships. And'
that's not capped at 750, because to make it economically viable, as
outlined in the document, they can add additional members whenever
they wish to.
And the owner of the club is not the applicant here today, which
I've mentioned that last year and is still the case. Ledge Bridge
Partners (phonetic) as indicated in the documents, is the owner of the
club, and they're not here.
But just to give you an indication of what Naples Bay Resort is
all about, I have three website ads that I pulled this morning that I will
provide to you to show that the rentals are on a daily, weekly and
monthly basis.
And here is one for The Cottages in Naples Bay Resort.
Vacation rental rates, 2007 rates start at 159 per day, based on a
seven-day stay. Gorgeous Naples Bay Resort luxury condominium.
Again, The Cottages. Vacation rental rates, starting June 21 st,
nightly, weekly, monthly. Cottages of Naples Bay Resort. This is one
of the few properties in Naples that allows weekly rentals.
This is not a Windstar. It is not a residential community. It is an
intent destination resort. And those folks who go there will want to
use this beach amenity that is an integral part of this Naples Bay
Resort.
And again, Mr. Brooker says, you know, anything you see on the
website is obsolete. It's got double asterisks, it's got disclaimers, those
things don't mean a thing. They're representations to the whole world.
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, .r
";'
He's making representations in the application as to what they
proposed, making representations in his presentation, and they're
making representations to the whole world.
Part of the representations to the whole world, ifI could, Kay,
and this was pulled this morning, so I don't know if it's obsolete it
being pulled at 7/19/2007 at 7:44 a.m.
A blowup proportion, you'll see one part, but I've blown it up to
regular. It talks about Keewaydin Island under play. And what it says
is Keewaydin Island, boat dockage. Now, you heard him say nobody
can dock there. Why would you say boat dockage?
Also, the operations manual, we went through this before at the
EAC. He said nobody can bring any -- you'd have to bring your own
chairs, nothing would be provided.
Complimentary chairs and umbrellas.
Also we heard today that there's no scheduled shuttle service. It's
a call basis --
CHAIRMAN STRAIN: Before you take this off--
MR. PIRES: Yes, sir.
CHAIRMAN STRAIN: -- Mr. Brooker said that they've cleaned
up the website. When did -- how old is this?
MR. PIRES: What time is it now? It's three hours and ten
minutes old. I pulled it this morning at 7:44 a.m., I wrote at the
bottom.
Additionally, at the same time I pulled another part of that same
brochure that talks about the beach pavilion. And it says, when it is
time to relax, our shuttle service offers scheduled trips to exclusive
Keewaydin Island.
Again, it's a constant issue of one set of representations to one
group of people, another set of representations to another group.
And with regards to the number of boats, I believe Mr. Brooker
today said there is one boat that will be docked there. The operations
manual says it can accommodate three vessels. Mr. Jacobsen in the
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EAC said, I went out there, it can take four or five vessels. And Mr.
Jacobsen is the marine compliance specialist for the City of Naples.
And again, the City of Naples has this pinned down as to what
this operation really is. This is for the record, also it's a community
update for the week of May 14th, 2007 from the City of Naples. It
mentions what happened during that month and said, the marina
compliance specialist who was also a member of the Collier County
Environmental Advisory Council had the opportunity to hear three
very important issues which came before him. The first was a
commercial shuttle to Keewaydin Island by Naples Bay Resort.
No doubt about it, we would submit to you this is a commercial
operation. And it is a commercial operation that is incompatible with
its intensity of use.
And again, I would submit to you that 20 people can be brought
in, put on this property and then disbursed to the island. They can
disburse up and down. So the intensity of use on the adjacent
properties and other properties in the district -- that's part of the
compatibility criteria. It's not just adjacent properties, other properties
in the district will be impacted. And it's not compatible with that.
With regards to the existing dock, we concur with the argument
or position as articulated again by Mr. Strain in some of the
discussion, that that use is changing.
Mr. Antaramian was the gentleman who owned the property and
got the initial boat dock extension permit back in about 2001. And I
believe he also is the individual that received the permit from the
agencies that it was to be for a private residential use.
This is upgrading it, changing the intensity of the use of that
particular dock. There is no analysis of the boat traffic going back and
forth. Again, that's missing from the EIS. It's been missing for two
years. We've raised this issue for two years and they've been avoiding
that issue, again, trying to divert your attention elsewhere, trying to
fixate and focus on a foot -- trying to fixate and focus on that site, but
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not on adjacent properties.
With regards to the operational manual, what I find interesting
about the operation manual, you've had some of that discussion, the
county is not a party to it at all. And DEP and the developer can
change it at any time.
It talks in there about it's subject to change, like any other
document. So it is a document that no one at the county -- the county
commission has no control over.
With regards to the agreement with FDEP and Rookery Bay, our
position is it's an effort to have an incompatible use.
Once again, let's not just fixate on the footprint of the structure
that they're trying to have everybody do. It's an incompatible use, and
they're trying to cloak it with a mantle of respectability by saying we
have this operations manual.
We think it's a pretty flimsy manual, we think it's unenforceable,
and once again, it can be changed. And really it doesn't have any real
help in the intensity of the use ofthis property.
And again, I mention to you that the operations manual, Page 2,
no more than 20 persons, including club staff or employees may visit
the beach shelter property. It's not the island, it's the property. It's
what they've been saying all along. So people can disburse.
On the same page, the dock accommodates approximately three
vessels, depending on -- that's in their operations manual.
So our position is this 20 person cap is illusory. The agreement
with DEP is an illusory protective device; it's an incompatible use.
You heard Mr. Brooker have this broad paintbrush about wild
parties all over the island in all these other houses. People that live on
the island will be speaking to you. There's one house at the end,
maybe, that has rentals for wedding parties. That's a commercial
operation that we wish code enforcement would stop. It's only
happened a couple of times in the last few years.
So you have a low intense -- low use by the residential properties
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on the single-family sites. Contrast that with this particular intensive
use that we see here.
The representations are constantly shifting, it's a moving target,
and we believe it will establish a very bad precedent for this island and
open the door for everyone else saying why not me.
And getting back to the issue about the dock, we believe under
the DEP rules that it becomes a commercial facility. And again,
there's been no -- there's no limitation on number of daily boat trips,
no statement of number of daily boat trips. No analysis of impact of
daily boat trips. It's not addressed either in the application or the staff
report. And the proposed use is a commercial operation. There's no
real analysis of use of the island, it's just an analysis of a footprint.
No analysis, estimate or statement as to daily number of users.
There really isn't. They don't know if there's going to be three groups
of20, four groups of20.
But when it gets built out, five, 10 years from now -- because the
market's slow, the first three years there won't be much out there. So
when they come before the BCC in three years they're going to say
gee, everything's fine and rosy. Five, six, seven, 10 years from now
when somebody is controlled, all those members, everybody at
Renaissance Village, everybody at Naples Bay Resort, that hotel,
those slip owners, there will be tremendous pressure and this cap will
be unenforceable and that impact will be tremendous.
CHAIRMAN STRAIN: Wrap it up, sir.
MR. PIRES: Thank you very much.
Once again, let's focus on what we have and what we don't have.
We have an intense use that's really not been analyzed. They've not
provided any data to show the impact of the use. They just keep
saying, once again, the facility's footprint.
I think we need to recognize and acknowledge the project is an
integral part of a high intensity commercial destination resort
development. And there's -- what's missing is -- you've heard Mr. Hall
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say he did some analysis, but there is no analysis of the differences in
intensity of use of what one single-family would use on each one of
these lots versus this club. That's not here. There's not -- it's not
saying five people and two single-family homes are going to have this
impact, and 20 people on the site at a time would have "X" impact.
And again, there's no limitation on who could be on the island.
We would suggest and recommend and request that this board
find that it's an incompatible commercial utilization of the island, it's
completely out of character with what is there and what should be
there in the nature of those single-family homes, and request a
recommendation of denial to the Board of County Commissioners.
Thank you.
CHAIRMAN STRAIN: Thank you, sir.
COMMISSIONER SCHIFFER: I have a question.
CHAIRMAN STRAIN: Go ahead. I'm sorry, Tony, hold on.
COMMISSIONER SCHIFFER: Tony, last time this was here we
were really suspicious with the building and everything, it's kind of a
wolf in sheep's clothing. But they've really trimmed it down. I mean,
analyzing it from a building code standpoint, they really can't get
more than 26 people to occupy it. 1 mean, isn't that exactly what we
wanted to do with it last year is to make it realistic, put everything to
scale so that they couldn't abuse it?
MR. PIRES: I think it's subject to abuse. Once again, there's no
cap on who can be on the island. They can say they will regulate
who's on their property. The phrase is on the site, on the subject
property, which is this 4.32 parcel acre -- 12.32-acre parcel. They can
go to the beach and disburse, and then they can get as many people on
that island and have an intense use ofthe island that is not there now
that would not be there with the typical single-family use. So no, we
don't think that it's really a change.
COMMISSIONER SCHIFFER: What you're saying is that
there's a loophole in their wording where they're going to bring 20
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people out, they meet the 20, those 20 are going to scatter, they're
going to go, oh, look, no one's here, they bring another 20 out; is that
what you're saying?
MR. PIRES: Absolutely that can be done. Right now they're
saying the 20 is a limitation on the subject property, Mr. Schiffer. It's
in the application, it's in the operations manual and it's in their
materials. That's one significant -- even without that, there would still
be an impact that's not there now. It's approximately the impact of
eight single-family homes.
COMMISSIONER SCHIFFER: But don't you agree that the
scale of this certainly is much -- you know, you said nothing changed
but the number. But really a lot changed in the building, the capacity
of the septic tanks, stuff like that. I mean --
MR. PIRES: The structure itself, but not the use. And that's only
been sidestepped in this issue. It's supporting -- it's an adjunct. It's a
commercial adjust to an intense upland commercial operation. .
COMMISSIONER SCHIFFER: But we're only looking at, you
know, what we see on this island. That's what we're here to do today.
I mean, what they do on the mainland I think is irrelevant to this.
And I guess that's the question. You keep being concerned over
short-term rentals. How is that supposed to figure in? Because what's
happened on the mainland, you know, could be a queuing problem to
get to the island, but essentially only 20 people are on this island, so
how does that effect our decision today?
MR. PIRES: Once again, we would submit there's not just 20
people on the island. Again, all of the materials just say 20 people on
the subject property. That's consistent in their operations manual and
in their application. And that is one of the major issues.
And even if it was just 20 people on this site, that is still more
intense than what would be there utilizing this site with a
single-family residence.
And again, it's a continuous utilization. You will hear that the
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single-family homes that are out there now, there is not that frequent
use, number one.
Number two, there aren't that many people in those -- there are
like only 12 homes out there. You probably have a sense there's a
whole bunch of houses out there? There aren't. There's only about 12
houses out there. And their utilization of that property is very, very
low.
COMMISSIONER SCHIFFER: The other question is, you're
showing us this marketing material?
MR. PIRES: Yes, sir.
COMMISSIONER SCHIFFER: How are we supposed to use
that? What does that mean? I mean, how they market to the
community, what does that have to do with our decision today?
MR. PIRES: I think it shows what they intend to do, and what
they've been intending to do, what they've been telling everybody they
intend to do.
They're telling us one thing here and they're doing a whole bunch
different to everybody else. And they change it only after they get
caught. I think that would be an indication that this board can make a
determination as to their good faith in the representations here.
COMMISSIONER SCHIFFER: So your opinion really is based
on the fact that there's loopholes where they're going to -- the use that
they claim, that 20 is not going to happen. This is going to be way
over-used --
MR. PIRES: That part, sure.
COMMISSIONER SCHIFFER: -- the island is just going to be
like a landing craft and they're going to scatter.
MR. PIRES: It would be an intensive commercial adjunct to
their intent of upland commercial operation. It's an integral part of
their amenity package is our position.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Mr. Vigliotti?
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COMMISSIONER VIGLIOTTI: Tony, I have a question.
MR. PIRES: Yes, sir.
COMMISSIONER VIGLIOTTI: What is keeping the client or
anyone else right now from taking a boat, bringing people to
Keewaydin Island, the public, and dropping them off or giving their
clients or giving their hotel guests a boat and telling them how to get
to Keewaydin Island? What is stopping them now?
MR. PIRES: I think at the present time the dock is there for the
single-family utilization of that island. Or its utilization -- that's how
it was originally permitted, that it's an unbridged barrier island and
they need to get a way there. I don't know if that would be an
allowable use.
COMMISSIONER VIGLIOTTI: The client could, the applicant
or anyone, any hotel resort, can give their client, their guest, or supply
a boat to beach it and bring their people to Keewaydin Island.
MR. PIRES: I don't know if they can do it now. I don't know if
that's an allowable use. It's a conditional use. That's why we're here
today.
COMMISSIONER VIGLIOTTI: No, not on that property, but
other places on Keewaydin Island.
MR. PIRES: I think on other places it could be, other than those
that are grandfathered. I believe it mentioned about Windstar, Marker
Four and --
COMMISSIONER VIGLIOTTI: No, no, at the public part.
MR. PIRES: -- the change in regulations --
CHAIRMAN STRAIN: One at a time, please.
COMMISSIONER VIGLIOTTI: I'm sorry.
At the public parts, not particularly private property.
MR. PIRES: Oh, public part.
COMMISSIONER VIGLIOTTI: Yes.
MR. PIRES: Whatever the regulatory scheme is--
COMMISSIONER VIGLIOTTI: The applicant or anyone else
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July 19,2007
can bring a boat, beach it and drop clients off any time. What's the
difference between that and -- they can't use the facility because that's
held to 20 anyway.
MR. PIRES: The beach -- I'm sorry, people can access the
beach, that's correct. But it's not on a regimented, promoted regular
basis. Here you have an integral part of a community in a project. It's
a club to which they join and they pay substantial fees to. That's the
big difference. It's not where you join a club and we'll take you to
Keewaydin every day. This is what you have here.
COMMISSIONER VIGLIOTTI: Okay, but we could monitor
this versus if the client or applicant or anyone else did it with their
own boat or gave their guests a boat we could monitor that on the
public beach.
MR. PIRES: You can monitor any activity there if you have it
staffed with somebody on the facility, which --
COMMISSiONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Tony, the only thing is a follow-up to
Brad's. You had responded that they kept saying the property, the
property is where they're going to limit it to 20. I don't know how
they could legally limit people on other parts of that beach. Because
I've pulled up there on my boat, when I had one and when I had dogs
and everything, I would pull up there and they'd chase me off the
beach because I had dogs. But I still would do it.
But I know that you can't limit people from using that beach.
Although at the time I thought they could and I fled. I should have
stood my grounds. But I don't think they can be held to a level of
monitoring the island in regards to their people using the island. I
think they have to limit their discussion to the property, because that's
the only part they control.
MR. PIRES: That becomes a problem when you talked about
this would be the landing and disbursal point for substantial impacts
on the island, if you allow this use to occur.
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July 19,2007
CHAIRMAN STRAIN: Okay. So your thought is they would
not -- the 20 that are on the site would disburse and before they
counted one off, they'd bring more on.
MR. PIRES: That's correct. That would be possible, absolutely.
CHAIRMAN STRAIN: Okay. Well, we'll address that with Mr.
Brooker when he comes back up then, thank you.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Tony, you know the island well,
I mean, the properties and like you said --
MR. PIRES: My clients do. I don't know it that well.
COMMISSIONER SCHIFFER: But is there any other parcel on
the island that's isolated like this by state --
MR. PIRES: My understanding, there is. And my clients will
address that when they're speaking.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Thank you.
Next speaker, Kay?
MS. DESELEM: Kristina S. Tomblin.
CHAIRMAN STRAIN: Thank you. And so the speaker after
Ms. Tomblin can be prepared, who is that?
MS. DESELEM: James J. Jentgen.
MS. TOMBLIN: James 1.?
MS. DESELEM: Jentgen.
CHAIRMAN STRAIN: Thank you.
MS. TOMBLIN: Good morning, Commissioners. I'm Kristina
Tomblin. 1 have been a resident of Keewaydin for 18 years, since
1989. We have a two-bedroom cottage out there. It's not the
mammoth house that Mr. Brooker relayed. And I have a couple of
misconceptions that I'd like to straighten out in regard to the island.
There are 16 structures on the island, plus two small places used
by The Conservancy: One for storage of their vehicles that they use
for their monitoring of the turtle nesting season. And out of those 16
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July 19, 2007
',Ii
...,
other structures on the island, only 10 are habitable. We are probably
the only people who live out there every possible weekend. There is
nobody who lives there permanently. There is one resident who lives
in Ireland. There are people who come there occasionally. It's not
seasonal llS(', Very rarely do we have people -- we don't have any
get-to" , for ins+lnce, with our neighbors. That's how sparsely
P" .cd thp j"hy
, \C(,,::~i'O""
v ...~.J ~
rill Iv ',~-
old parties: We have never had a wild
....:n and grandchildren may come.
{'CoY -- most of them don't even live here in Naples. The
''1 ""ed for commercial use is the property down
Jr bedrooms. It's a Kanzler property. It's
...; H.~'1\.~. tor 12 million. It has quite a bit of property
currently 0..
with it.
And if it has been used illegally, if there is code enforcement, I
wonder why it hasn't been looked into. They've used it for weddings,
for fishing parties and so forth.
There was a charitable event recently at one of the homes. That
happened one time. Otherwise, I am not aware of any other charitable
events on the island for the 18 years I have lived there.
My main focus was going to be on the access of emergency
vehicles related to an incident that we ourselves had at our home. We
had a very bad accident where somebody fell otTthe ladder 18 feet.
And we called -- I called 9-1-1 to ask for the helicopter to come out.
And the helicopter first of all didn't know where Keewaydin was.
Number two, the county has put up numbers on the beach
approximately n I believe they're a quarter of a mile apart. I gave that
number, I gave the number on the dock, which we're required to have,
and the helicopter still couldn't find us.
And so my concern is of course if there are going to be 20 people
in a compacted use or in a compacted space and there is an accident, is
the helicopter going to be able to come in there and land if there's an
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July 19, 2l-A '1"
emergency.
I feel strongly that this is a foot in the door for commercial use,
when most all the homes out there are single-family use, except for
those few, like Windstar, which are owned by the residents in
Windstar. It is not a rental property.
And for that use (sic), I feel this is a foot-in-the-door application
and I strongly recommend that the commissioners deny the use. Thank
you.
CHAIRMAN STRAIN: Thank you, ma'am.
Okay, next speaker, please.
MS. DESELEM: Is James J. Jentgen, followed by Jack Conroy.
MR. JENTGEN: Jim Jentgen. I have a cottage on Keewaydin
Island, and I also own -- we own, my family and I, two lots just south
of this proposed project.
I think -- also Mr. Brooker had mentioned there were 25 houses,
which I think he was in error by 50 percent.
We spend quite a bit of time there, more than anyone else. As
Kris said, there are no permanent residents. We probably spend 90
days there a year. We're familiar with the island. It's very lightly used.
I think when you talk about intensity of use, the thing that has
escaped everyone is that we have a huge pool of potential users in
Naples Bay Resort. Huge. We're talking about 750 units. They're all
going to be bought by investors for the purpose of putting in a rental
pool. So we have a huge pool.
And then we're renting by the day and the week and the month.
Mostly probably by the day and the week. And if you multiply that
times 365 days and then take out this and take out that, it's still huge.
So there's going to be a huge demand.
Okay, I respect the fact that they've reduced from 56 to 20. But
what I say, is there going to be 20 people there all the time, because
there's going to be so much demand. The normal person going to the
beach doesn't spend -- remember now, their operating hours are dawn
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July'r9,2007
till dusk. Most people, a couple of hours on the beach is about all you
can take. So there's going to be a huge turnover. And that's what I
mean by intensity of use. You're not going to -- I think characterizing
it as taking five people out, I think that's ludicrous.
This thing is a commercial venture. Why do you think that
they're spending all this money? Is it a charitable deal? No, it's
commercial. The purpose of this is to sell units to investors who will
then put them in a rental pool, somebody will manage that for profit,
and it's to provide an amenity to sell real estate. And I think it's totally
unwarranted, I think it's an abuse of the character of the island and the
environment.
And that's about all I have to say.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please?
MS. DESELEM: Is Jack Conroy, followed by J.P. van Dongen.
MR. CONROY: Good morning. My name is Jack Conroy. I've
been basically in the same business that Jack Antaramian's been in for
about the last 44 years here in Naples. Been involved in commercial
real estate, land development. And over the many years that I've been
here, I've developed an enormous respect for Jack Antaramian. He's
an extraordinary, smart man. He moved into Fifth Avenue when Fifth
A venue was a mess. He began to purchase real estate there, develop
real estate. And I was extraordinarily impressed with his ability to
sense the market. He's a marketing genius.
He also doesn't suffer fools. He's not about to make decisions
based on something that mayor may not in fact occur. He's very
smart.
As a consequence, my belief is that as a marketing genius, he
understands the attractiveness of access to the beach. He understands
it, he incorporates it in his marketing. And of course with our current
state of real estate, residential real estate, the developments that he's
got are not going to come to conclusion, as Tony pointed out, for a
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July 19,2007
multiplicity of years.
Jack Antaramian started developing real estate in Fifth A venue
many years before Fifth Avenue grew to becoming a very attractive
investment. In fact, it was not a particularly attractive place 15 or 20
years ago.
So he's going to decide as to what his marketing technique ought
to be, based on an understanding of what is going to sell. This will
sell. That becomes the issue.
The second part is that the enforcement provisions are, in my
judgment, very difficult. Especially if you have DEP involved in any
kind of enforcement.
I provided a letter to each and every one of the commissioners,
pointing out the chapter and verse relative to the covenants and
restrictions dated October 29th, 1993, when the 2,400 acres at the
north end of Kee Island was sold to the State of Florida. There was a
requirement within the documents that the NB -- or RBNERR, the
Rookery Bay Natural Environmental Research place, that these people
would -- the enforcement personnel would patrol the beach sites by
water and by A TV to assure compliance with management objectives.
They were also required to provide a management plan for Kee
Island.
The reality is, Rookery Bay Department of Environmental
Protection did not in fact, A, create a master plan for Kee Island.
Although they had a Rookery Bay plan, they didn't fulfill the
obligations that were required under that agreement. And secondly,
they did not in fact have any enforcement people. I don't think they
have any enforcement people.
So I think the issue is very simple. There's a demand. Jack
Antaramian will perceive that demand.
Secondly, there is not a sufficient enforcement procedure that
will maintain a situation where the -- this fragile little ecosystem is
going to be preserved for all time.
Page 83
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July 19~007
As a consequence, I would also recommend, along with other
folks, that the planning commission deny the conditional use before it.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please?
MS. DESELEM: J. P. van Dongen, followed by the last speaker,
who is Roger Jacobsen.
,m va., f"INGEN: Hi. Good morning to you. I guess it is still
m0mL . van Dongen, I'm a property owner on
K,y
1 alslJ _
Napert\' out f-
Uwr:
CV,'l1~.
microphone?
MR. van DONGEN: We retained Tony Pires to represent us in
this ratner complex legal wranglings of land use issues.
Our concerns are very simple here. One is the intensity ofthis
use that is being proposed to you. This is a commercial enterprise.
And they're trying to get their foot into the door of a single-family
residential, very fragile, very special ecosystem.
The intensity is far more than the footprint of a building. The
footprint of a building is of course important. However, humans, I
think we all have been exposed to humans. You know on this board
probably more than most. You know what human nature is. If you
are seeing this as the same or less intensity than a residential use, I
think that they've snookered you.
This is a huge intensity. And for them to say it's going to be 20
persons on the site, well, that's two or three times a day and disbursing
on the beach, I don't even think that's going to be enforced at all. The
reason for that is that the huge pressure on this club to supply beach
access that they've advertised, the membership of the club is $40,000.
Can you tell me somebody's going to buy a boat slip, pay $40,000 for
,<I to represent a group of individuals that own
. re'y he president of Keewaydin Island Property
, nd we retained Tony Pires --
J." (OLFLA T: Would you speak closer to the
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July 19, 2007
their membership and then be told they can't use their boat to go to the
island that is part of the amenity? And have a hospitality staff who's
trained to cater in as nice a way as possible to people, become the
policeman, or ask DEP who has their plate very full to become the
policeman of a private club? I just do not see that happening.
And I as a neighbor to this development really do not want to
become a policeman myself. I think this is the time to nip this in the
bud and say no. This environment is unsuitable. This use is
incompatible in our view as the community. Keewaydin Island will
suffer if this is allowed.
Precedent: I believe this is a precedent. And I appreciate the
county attorney agreeing with us there.
There is one other piece of land that is not dissimilar to this,
sandwiched between two large state-owned lands further south. But
this is something that once the door is open, the floodgates will be
opened. We'll see that become a club island. And it's not in the
community's interest, it's not in Keewaydin Island environment's
interest, it's definitely not in the public's interest.
That place will become -- the environment will be devastated if
we allow this to happen. And I plead with you, as being charged with
this responsibility, please consider what you do here. And I am asking
as part of a representative of the community that you find for
rejection, to please recommend rejection of this petition when it comes
in front of the Board of County Commissioners.
Thank you for your time.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker?
MS. DESELEM: I was given another speaker card, so this is
your next to the last speaker. Roger Jacobsen, followed by Keith
Laakkonen. And I'm --
CHAIRMAN STRAIN: Keith has got a difficult name to spell
rather than enough to say, so--
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July 19, 2007
MR. JACOBSEN: Can I use this one? This one is okay?
My name is Roger Jacobsen. I am a member of the
Environmental Advisory Council. So I just wanted to echo some of
our concerns that we had, too.
We absolutely agreed with you. We thought they came back
with a beautiful proposal, that they really did their homework and
really tried real hard to bring something back with all of the questions
that had happened.
We also very much liked the manual that Keith wrote up. We
thought it was innovative, we though it was intensive, and we thought
it was intriguing.
Some of the concerns that we really tried to echo was right now
Rookery Bay has an extremely difficult time enforcing anything on
Keewaydin. Take a ride down to the south end of Keewaydin, and
you'll see that anything can happen at the southern tip of Keewaydin.
Dogs, alcohol, fights, parties, fireworks. They do not have that person
right now.
Now, we were told by the applicant that there is discussions and
there's negotiations to work with Rookery Bay on that, but there is
nothing in place right now. Hence, our decision that it was a no vote
at that particular point.
Commissioner, you brought up the point about boats on the
beach. Right now boats can go right up to the beach, they can get out
on the beach, they can play all they want. There's no restrictions on
that.
So one of our concerns were, and Tony was eluding to it in the
language, 20 people on the property. But does that allow 20 more
boats in the water, 50 people on the beach, because that's fine, with
these 50 people alternating, coming up using bathrooms. If you look
at Naples Beach, the crowd always crowds around where the
bathrooms are.
So will all of these owners of these properties end up on boats on
Page 86
July 11, '07 ,.:tIJ
the beach? Which is fine, nothing wrong with that. And as long as
there's not 20 of them in that house, then you're still within your legal
limit. So that was one of our concerns.
The issue of building two one-family houses were brought before
us. It wasn't an issue that we were voting on, but some of our
comments were, a homeowner that lives there treats that property --
and they're living there for a reason, they're living there because they
love that environment, they love what they have out there. That
homeowner will treat that property a little different than that person
that's coming down for a day, a week, or a month. We see that on the
beaches every day.
We did get testimony at ours that there were homeowners on
Keewaydin Island that were approached by other developers that said
if this goes through, would they be interested in selling their property.
So we did take that into consideration.
And we were quoting the chairman of the EAC quite a bit. So
the final quote I'll end with is he had said that they were extremely
arrogant behavior with an alternative intent. That's all I have.
Questions for the commissioners?
COMMISSIONER SCHIFFER: I do. And I'm having trouble
getting my arms around this intensity. Because the way they've
designed it, you come up on a boat, you walk on the boardwalk, you
can go into the building or you can continue to walk and then your
feet hit the sand right at the beach. So what are we -- I mean, they've
got them corralled through the whole site, so --
MR. JACOBSEN: Not from the beach side, though. From the
beach side -- from the Gulf side any boat that wants to can come along
that beach. And if they're members of that club -- whether they're
members of that club or not, their restriction is the trespass law that as
you come off the beach onto their property where they're --
COMMISSIONER SCHIFFER: Mean high water. Isn't that the
property line?
Page 87
July tl 1>07 :.~
MR. JACOBSEN: Correct. As you come off the beach.
So could there potentially be 30, 40, 50 of their members all on
the beach, but as long as 20 of them at a time are not using that house,
they're still within their guidelines. Which now you have 20, 30, 40
people coming back and forth using bathrooms, but as long as there's
not 20 people within their property they can still have 30, 40, 50
people.
COMMISSIONER SCHIFFER: So the intensity that
everybody's referring to is that beach armada out there that --
MR. JACOBSEN: Correct. They can't restrict who's on the
beach. People can walk up and down the beach.
COMMISSIONER SCHIFFER: They can do that today.
MR. JACOBSEN: Right. People can go on the beach, people
can pull up with a boat and go on the beach. So they can't restrict that.
But if 30 of their members are out in front of their beach spread
out and there's only five of them that are using the bathroom or up
there at anyone time, then all 30 of these members can alternate round
and round and round using the bathroom.
COMMISSIONER SCHIFFER: And the attraction's going to be
the bathroom.
MR. JACOBSEN: Always. Always. I see it on Naples Beach.
COMMISSIONER SCHIFFER: If the bathrooms weren't there,
the people wouldn't be out there.
MR. JACOBSEN: Well, not necessarily. Look at the southern
tip of Keewaydin. They create their own bathrooms.
COMMISSIONER SCHIFFER: Right. And that's what I'm
more afraid of
MR. JACOBSEN: They create their own bathrooms.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Before you leave, sir. Mr. Koltlat?
COMMISSIONER KOLFLA T: Yeah, but there's nothing now
that stops 30, 40, 50 boats from docking at Keewaydin Island on the
Page 88
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sand side -- or the Gulf side, is there?
MR. JACOBSEN: No, sir.
COMMISSIONER KOLFLA T: I mean, this project would not
change that.
MR. JACOBSEN: I'll tell you where it might. Right now that
whole center does not get a lot of activity. That whole center of
Keewaydin Island. Very rarely. They're all down the southern end.
There's very few boats that anchor and play along that center section.
COMMISSIONER KOLFLA T: I disagree. I always liked that
part there where the project is because it's more quiet. If you go on
the south end, you're nothing but a traffic --
MR. JACOBSEN: Oh, absolutely agree. There are occasional
boaters like yourself and like myself too that like the seclusion.
CHAIRMAN STRAIN: You need to keep this down a little bit
on your reactions. She--
MR. JACOBSEN: Okay, I'm sorry.
CHAIRMAN STRAIN: -- can't type both of you talking at one
time. So please.
MR. JACOBSEN: I should know better.
COMMISSIONER KOLFLA T: So as far as I can see, there still
-- that would exist right today that you could have that heavy traffic
come there, even if there was no project there.
MR. JACOBSEN: Agreed. But the EAC felt because of the
bathroom aspect, that changes the amount of people from the club that
could actually utilize that section.
CHAIRMAN STRAIN: Thank you. Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: One question. You brought up
the one-family house. Suppose someone in the organization owned
that house? How would we monitor that?
MR. JACOBSEN: Well, I think any monitoring on Keewaydin
Island's going to be very, very difficult. Whether it's Rookery Bay
doing it, code enforcement doing it. Police officers and Fish &,
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July 19,2007
Wildlife thatI talk to, their priority is the crime. They have their
priorities also.
COMMISSIONER VIGLIOTTI: Where I'm going, though, is
the ,J'mily house that you referred to is somebody who actually
liVt ..,\. <'1101"0<:1" <:f''''''' ' in the Antaramian organization or that
I the hotel owned that house. How
.....lU ~.""" Uh._b
__,,""'L .....
\,~-~. jACOB~'E0: What monitor--
CO" . ~"IO;\)Lt vrrr IOTTI: We can't.
, ( ",'. r Jrse not. No, of course not.
~ e loOt. ~ nomeowner that may have that
I ()()_1"'\"..<,r ., , .....: of times a year, it's still their property, and
.Lley, _ ; to be ldponsil!t,: for their own property. We weren't
ruling on " iletherc was a ow~-family. We didn't have that proposal in
front:', 'Tn ha... tr~ "'..C'r 'sal that they have in front of you now.
Folic
COtvHv ~1\. . lGLIOTTI: All right, thank you.
.u\i STRAIN: Thank you, sir.
ka)', ,lext speaker?
MS. DESELEM: Last speaker is Keith.
CHAIRMAN STRAIN: Just Keith. Keith from Rookery Bay.
He can spell his name for the court reporter.
MR. LAAKKONEN: Keith Laakkonen. That's
L-A-A-K-K-O-N-E-N. I'm the resource manager and coordinator for
Rookery Bay.
And I hadn't planned on speaking, but obviously I want to make
myself available for questions. And when you hear your agency's --
THE COURT REPORTER: Were you sworn in?
MR. LAAKKONEN: No, I was not.
(Speaker was duly sworn.)
MR. LAAKKONEN: I hadn't planned on speaking, but when
you hear your agency's name said a lot, you tend to want to get up and
Page 90
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July 19, 2~
respond to a couple of things.
As the resource manager and coordinator for Rookery Bay, a part
of my duties involve exotic species removal, public access, prescribed
fire, hydrologic restoration, land acquisition and a whole host of other
things. For example, we're actually going to be having a pre-bid
meeting to actually get a maintenance round of exotics removed off
Keewaydin August 1st. And we're going to be going back and
re-treating the state-managed areas. So we spend a lot of time
managing these areas.
Part of the other ways we manage is actually through
partnerships. We're working with FWC right now on an education
program called Team Ocean. We're actually going out and engaging
boaters one-on-one. We're actually also -- we also partner with the
Collier County Sheriffs Otlice on getting enforcement from them, we
partner with DEP law enforcement to get enforcement from them, and
we also partner with Collier County Code Enforcement. Code
violations have occurred out there. And if I'm not mistaken, the
majority of those have brought to the attention of Collier County by
Rookery Bay staff.
So in fact in some ways we actually are enforcing some stuff
through our creative partnerships that we actually have.
With that being said, one of the things that this agreement does
do is it sets a precedent. Ecologically it would be better if nothing was
on Keewaydin. However, that's not the intent of the taxpayers of
Florida when they bought Keewaydin Island. They bought it to
balance, and we must balance public use and working with developers
and other interests on the island. That's been the bread and butter of
Rookery Bay for 28 years, and we've done a pretty good job at it.
That being said, once this agreement is set in stone, I guarantee
you, we're going to enforce it. Because we're going to be very excited
at that opportunity. If there's something -- if there's a violation going
on out there, we definitely will enforce it.
Page 91
JUl~~2~~
We actually have a track record of doing this. We've actually had
some agreements with developers next to the preserve in other areas.
They've strayed outside of their bounds and we have come back and
enforced things on them through Collier County and through DEP and
through the Water Management District.
That being said, we don't see any difference between commercial
impacts and private property impacts. As has been said a lot, there's
other commercial properties out there. I've seen them. They are
having events out there. There's other things going on. There's other
tour operators that are currently utilizing the reserve. Eco tour
operators who are currently dumping people off and they're actually --
those people are actually having impacts on resources within the
reserve. Routinely I've seen this go on.
An agreement like this, we support the agreement, because it
actually gives the responsibility and culpability to the property owner
for actually protecting the island.
And also I want to address something Mr. Conroy said. That
management plan for Keewaydin, it was written. My boss Gary
Litton did write that. And it was incorporated into the overall
management plan for Rookery Bay.
In 1993 Rookery Bay was managed by the Department of
Natural Resources, which actually merged with the Department of
Environmental Regulation. At that point we did have enforcement
personnel. When that merger happened in 1993, we became the DEP.
Since then we've actually -- our law enforcement has actually gone
away to the Fish and Wildlife Commission. So that's what that
addressed.
Currently we do not have enforcement staff, but at the time that
was written, that was the case. So that management plan was written
and incorporated into the overall Rookery Bay management plan. If
you'd like copies of that, we can send you that.
So with that being said, I'd open up to questions.
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J~ 19, 2007
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Keith, they have a requirement
that nobody can arrive at this thing other than through their own
vessel.
MR. LAAKKONEN: Correct.
COMMISSIONER SCHIFFER: So the description they describe
isn't allowed in one of the conditions. Wouldn't that be the easiest
thing for you to police n
MR. LAAKKONEN: Yeah.
COMMISSIONER SCHIFFER: -- seeing a bunch off on the
Gulf side?
MR. LAAKKONEN: And in a situation like that, we would
probably do something that we don't do with other people, we don't do
with other properties on the island, say who are you, where are you
going. We would be upfront to ask them that question. We don't do
that now because that's kind of overstepping our bounds. But I think
this agreement would give us the ability to do that.
COMMISSIONER SCHIFFER: But you'd be able to see if
they're abusing their restroom facilities.
MR. LAAKKONEN : Yes.
COMMISSIONER SCHIFFER: The other question is, is there
any other site on this island that has that unique situation of being
pocketed between preserve lands like this?
MR. LAAKKONEN: There's at least n well, there are some
smaller parcels which have individual state lots, small state lots.
There's one parcel on the south end which has been mentioned. And
the trust for public land is actively trying to acquire that property, to
donate to the state right now.
There's also the property on the north end, the Donahue Estate,
which actually is sandwiched by state land.
COMMISSIONER SCHIFFER: Right. And then that's a
separate compound. But when J went up the island and everything,
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this looked like a really unique situation, where it really was the only
piece of private property. I mean, in one case four miles to the north,
1,000 feet to the south.
MR. LAAKKONEN: Right. And one of the unique things too is
that this area of the island tends to be used less by some listed bird
species, such as least terns or skimmers and things. They've actually
never been seen nesting in this area of the island. It's always been to
the south.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Mr. Murray, then Mr. Kolflat.
COMMISSIONER MURRAY: Keith, good morning. You
mentioned that you're aware of misuse, and that you also mentioned
that you have been in cooperation with others attempted to do
something about it.
The extent of the use, do you keep records with regards to those
things?
MR. LAAKKONEN: We definitely keep records of violations
where they occur, and we also -- you know, we have extensive photo
records of, you know, when we're seeing things. We also have records
-- I had mentioned to you, we actually went out there before Canoe
Race Day and after Canoe Race Day and actually documented the
amount of trash on the south end. So we actually kind of had a
baseline. So we actually do have some records.
COMMISSIONER MURRAY: All right. Well, you don't have
code enforcement people or your own enforcement people. And so
with those records, that information -- for instance, the eco-tour
persons, if you were to -- would you report that to the county because
they may not be licensed, they may not be (sic) a right to have that
eco-tour activity there? Or if it is a legitimate activity, then it
becomes another question. Could you focus on that for the moment?
MR. LAAKKONEN: When I was speaking of what the eco-tour
operators were doing, you know, what they'll come on and they'll
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actually do is, you know, some of them may, you know, be flushing
birds off -- you know, birds out of area, where they may be walking
up and actually disturbing birds and disturbing wildlife, and maybe
even taking live shells. You know those are potential -- I'm not saying
they're doing it, please don't misquote me there.
But, you know, one disagreement -- you know, one ofthe
conditions I wrote in the agreement was not to disturb nesting or
resting birds, you know. And what this agreement does is it's designed
to prevent things like that. You know, we've seen some of the tour
operators come up and -- you know, some of the people leave trash
behind. Or the tour operators just sit on the boat and watch the whole
thing and drop them off and go.
COMMISSIONER MURRAY: So you're saying human
behaviors are bound to be a negative. Because I got the impression
that the eco-tour operator or operators are there and operating today,
as it were.
MR. LAAKKONEN : Yes.
COMMISSIONER MURRAY: And so if those bad habits exist,
they'll continue to exist. You really can't do very much about it. That
distresses me a great deal. And I'm not trying to hold you accountable
for it, but it is, I think, a piece of evidence for us.
MR. LAAKKONEN: And one of the ways we do try to address
that -- I was also through our Crystal training program which you do
have an eco-tour operator training session. Now, some of the people I
referenced may have not taken that. You know, we can't require
people to take training, you know, to show them how to be
environmentally friendly and be good operators.
COMMISSIONER MURRAY: What a shame.
One other question I have, and maybe this is curious, but the
fines, iflevied, would go to the Friends of Rookery Bay. And
Rookery Bay Friends, the purpose of that group is to raise funds for
you, is it not, for the Rookery Bay activities specifically?
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MR. LAAKKONEN: To support--
COMMISSIONER MURRAY: And to help -- yeah. So it's kind
of like if they are going to get penalized for something, Rookery Bay
will get the benefit for that, or of that. And I'm not uncomfortable in
one sense, but I am uncomfortable in a way that it almost -- that's what
I meant before about amicus. You would have wide latitude. You'd be
the individual, wouldn't you, that would make the decision whether or
not that was really -- rose to the level of a violation.
For instance, using the illustration of numbers of people on the
beach: They arrive, they disburse, and then some more arrive, they
disburse. And this custodian there is obliged to keep account of 20, 19
plus himself, or herself. And you happen to be coming by and
someone had to run to the bathroom and you now had 21. You'd have
latitude to say, ah, that doesn't apply.
Now, I know I'm working with fly specs here, okay, but fly specs
tend to accumulate and nobody likes them.
So I would like to -- if you followed what I've just related to, is
that not true that you would have wide latitude in your judgments?
MR. LAAKKONEN: I actually don't believe I would have wide
latitude because I'm a public employee and I have certain oaths of
integrity and loyalty, and to keep to the management plan of
Keewaydin and actually to do my job properly. I personally don't
allow myself that latitude and I don't allow my employees that
latitude.
COMMISSIONER MURRAY: And I respect that. And I'm glad
you went on the record with that. And we know that you'll do that
based on what you've said. What we have to be concerned is the
future. We're today not dealing with today, but we're really dealing
with tomorrow. Thank you very much.
MR. LAAKKONEN: Thank you.
CHAIRMAN STRAIN: Mr. Koltlat, just a moment. Let me
follow up something, if you don't mind.
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Keith, there's no rules or laws that you know of that people can't
pull up from the ocean side and drop people off on the beach?
MR. LAAKKONEN: No, sir.
CHAIRMAN STRAIN: There's no rules or laws that you know
of that tour operators can't pull up and drop people off on the beach?
MR. LAAKKONEN: No, sir.
CHAIRMAN STRAIN: So you wouldn't have a need to call
code enforcement for those kind of instances.
MR. LAAKKONEN: We would only call code enforcement say
if those people were littering or ifpeople had dogs offleashes, which
is actually not allowed under our rules, actually, too.
CHAIRMAN STRAIN: Yeah. That's why I ran.
MR. LAAKKONEN: It wasn't me, right?
CHAIRMAN STRAIN: This was long before your time. In fact,
it might have been before Rookery Bay's time. It was years, decades
ago. So hopefully that's a cold case and they can't go after me now.
But I did check with code enforcement prior to today's meeting to
find out what actions they have had down there. And they haven't had
that many. There's two cases right now that are under n they were
clearing cases, and they're under a compliance review or compliance
action. And those are apparently being fixed.
And other than that, it's seems there have been some minor ones,
like chairs on the beach or something like that they've occasionally
been down there taking care of.
So, I mean, the citations or the involvement of code enforcement
hasn't seemed to be needed to be that great. Most everything seems to
be taken care of. I don't know if you see any more that needs to be
brought to their attention, but they seem to have attended to the things
that, you know, were addressed.
MR. LAAKKONEN: I know that a significant amount of things
were brought to their attention. Now, whether those followed up, you
know, as a formal case or not, I can't speak to that. I don't really -- I'm
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not as familiar with how code enforcement actually works internally.
You know, there were a lot ofthings. And we work very close
with the one investigator out there, you know, and she's a very diligent
investigator.
CHAIRMAN STRAIN: Okay, thank you.
Mr. Kolflat?
COMMISSIONER KOLFLA T: My question is not directed to
Keith but relative to public comment. Is now the time to do it, or do
you want to wait?
CHAIRMAN STRAIN: No, we've got a ways to go before we
get there.
COMMISSIONER KOLFLAT: Okay.
CHAIRMAN STRAIN: Let's get past all the hearing first.
Hearing no other questions, Keith, thank you very much.
MR. LAAKKONEN: Thank you.
CHAIRMAN STRAIN: Appreciate it.
Kay, is there any other public speakers?
MS. DESELEM: No, sir.
CHAIRMAN STRAIN: Okay, Mr. Brooker?
MR. BROOKER: Thank you for the time for rebuttal. And I'll
try to be very brief. A lot of the issues we've already covered.
First of all, with regard to whether staff had reviewed the
operations manual as part of its review and in drafting the staff report,
I would submit to you that even without the operations manual rules,
that comprehensive regulatory scheme that we are offering, they
recommended approval. Your own professional staff recommended
approval.
So again, not to be overly technical, but our submission of those
materials was intended so that those operations manual rules would in
tact be part of the conditional use and the conditions placed upon any
approval, and they would just add an extra level of protection above
and beyond which staff reviewed.
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The persistent and significant violations language of condition
number 14, that was actually deliberate language by us. That was
suggested by us in order to allow super enforcement authority,
essentially. The ambiguity, if that is in there, is deliberate. Because
that allows -- the alternative is we could list out what rules are minor,
what rules are major, which ones would trigger, which ones are
significant. We can go through that entire exercise. But we believe
that weakens, that waters down the oversight, the enforcement
authority. Because we can be hauled back for anything before the
BZA in the event there's a violation of anything.
Now, whether -- we can get into the argument of what's persistent
or what's significant. There's already a boiler kind of a measuring
stick in the agreement with DEP that's going to be quite persuasive
against us, if a lot of Clay Brookers get up and try to argue that when
something is not persistent or something is not significant.
But again, the intent of that was to deliberately leave it
ambiguous so there would be more enforcement, more oversight and
more authority possibilities.
CHAIRMAN STRAIN: Clay, before you leave that point, if
there was language that suggested that would tighten that up, is that
something you'd object to?
MR. BROOKER: No.
CHAIRMAN STRAIN: Okay, thank you.
MR. BROOKER: And with regard to condition number 14, I
must state for the record that in the event the BZA revokes our
conditional use approval pursuant to that condition, then of course all
rules and regulations and all conservation easements that we have
offered must also be revoked and terminated.
MR. KLA TZKOW: No, no, no, no, no, no, no.
MR. BROOKER: A quid pro quo.
MR. KLA TZKOW: No, no, no, no, no. That's not how this is
written.
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it-I'!
MR. BROOKER: That is our position. Because--
COMMISSIONER MURRAY: I thought it was in perpetuity.
COMMISSIONER ADELSTEIN: No, you can't--
CHAIRMAN STRAIN: Guys, we've got n
MR. BROOKER: Let me explain the position. We are offering a
conservation easement over 90 percent of our private property. Not
one other private property owner on Keewaydin Island is willing to do
that, has yet come before in three or four public hearings.
So if we are offering that as an inducement, as a condition of this
approval, it's a quid pro quo, it must come with a catch that if you
revoke it, we're still struck with a 90 percent easement over our
property? That's private property rights law. That's getting into
trouble.
But that is our position on it, that it's a quid pro quo. If you allow
-- if you ask us or accept our offer to dedicate 90 percent of the
property to perpetual future conservation and then three years from
now say no, you weren't able to live with your rules, it's revoked, then
we invoke the right to use the property as a two single-family home
development without any conservation easement on it.
CHAIRMAN STRAIN: Mr. Klatzkow, did you want to
comment on that before Mr. Murray does?
MR. KLA TZKOW: Well, that's up to the board, if the board
wants to change the conditions. But that's not how it reads now.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: And I will not even relate to that
part of it. But if you initiate something in perpetuity, the assumption
is that it's there and it's done. A revocation makes the issue of
perpetuity moot, in my opinion.
But it also suggestions strongly that you might believe that if you
fail in several years, it will be because human nature is what it is, so --
I know the argument you're treading on, and I'm not trying to
embarrass you in any way, but --
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CHAIRMAN STRAIN: Okay, Mr. Schiffer, Mr. Kolflat. Did
you want to entertain questions as you go along, or did you want to
have --
MR. BROOKER: That's fine. I've got some other points.
COMMISSIONER SCHIFFER: And it's on this point, Jeff.
What would happen? Essentially they get it revoked, they can't have
the beach club, they have a building on 10 percent of the site?
MR. KLATZKOW: The way this is structured now, okay, as an
inducement to get the conditional use, they're saying we'll give you 90
percent of the conservation easement in perpetuity.
Now what they're saying is -- it's almost like a sword hanging
over your head. As long as you permit us to use this the way we want
to, we'll give you your conservation easement. That's not how this is
written. We can change that to make that that way, okay, but as it's
written now, we do not have an agreement between us as to what these
conditions are.
COMMISSIONER SCHIFFER: Well, my question is what
really would happen if they did get revoked? It's three years to revoke.
Who -- I mean, would that just become a single-family residence that
they could remodel and that's it with the easement still in place?
MR. KLATZKOW: Yes.
But having said yes, he's not agreeing to the conditions to the
conditional use at this point in time.
COMMISSIONER SCHIFFER: Right. But--
MR. KLATZKOW: And ifhe's not going to agree to the
conditions of the conditional use, we have a problem.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: Yes. Jeff, you told me that
perpetuity does not go on forever.
MR. KLATZKOW: Yeah, there's no such thing as in perpetuity
as going on forever. Because, you know, forever is a very long time
and, you know, things change over time. But, you know, when we say
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in perpetuity what we're saying is that's as long as we can make
something be the way it is.
COMMISSIONER KOLFLA T: So it's not indefinite. It's not a
permanent consideration?
MR. KLA TZKOW: Well, it is amongst the living. But we can't
bind the unborn where -- I mean, I'm not being facetious, but there
comes a point in time where people, population explodes and people
say that's a nice preserve you've got there, I think I'm putting a house
on it. That just happens.
But the best that we can do as the living is to put something into
an easement for perpetuity. And that will last a relatively long time,
but nothing lasts forever.
COMMISSIONER MURRAY: If I may, I think--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- the legislation, what is it, 30
years, something to that extent?
MR. KLATZKOW: Plus the rule of perpetuity is--
COMMISSIONER MURRAY: No, I used to understand that
perpetuity was in fact, you know, perpetuity. But down here we parse
it a little bit more.
But with 30 years is fairly reasonable. But to be able to pull back
what it is that you're offering doesn't make it an effort in perpetuity, in
myn
MR. KLA TZKOW: No, it's -- we have a conditional easement
now.
COMMISSIONER MURRAY: Yeah.
MR. KLA TZKOW: As long as this thing gets to be used the way
he wants it to be used we have an easement.
CHAIRMAN STRAIN: Okay, Mr. Brooker, you may continue,
SIr.
MR. BROOKER: I'd like Mr. Klatzkow to recite the rule against
perpetuities.
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".' !!If
MR. KLATZKOW: It's 90 years now. But, you know, at this
point in time, Clay, nothing lasts forever.
MR. BROOKER: Because we spent a lot of time in law school
over a rule against perpetuities, and no one understands what it means.
But besides that, that is our position. Because the genesis of this
came out of the fact that the Collier County code requires us to
dedicate a 10 percent of the property to conservation easement.
Conservancy would have none of that. They said in order for you --
for us to withdraw our opposition, The Conservancy said, among other
things you have to place a conservation easement over everything.
And the reason why they said that, over everything except for the
shelter and the boardwalk and the beach, the reason why they said that
is because we want to foreclose any possibility of future expansion.
If you recall, our initial proposal had a possibility of future
expansion. The Conservancy was adamant about that, we do not want
an expansion. We don't want this to be Phase I of your development.
We said in this proposal, fine, you've got the entire conservation
easement over everything. That's how it arose.
But in the event -- and now we're saying in terms of enforcement
perspective, in the event through our good intentions we just can't live
up to this deal or there's been persistent violations that we are no
longer allowed -- this conditional use gets revoked, you're going to tell
this private property owner who is giving you this today that he can't
even put a single-family home over 816 square feet of his property?
That is not reasonable.
Mr. Pires got up and spoke a lot. Nothing has significantly
changed, according to him. And I would submit to you that if you
would have eliminated two-thirds of his home in North Naples, he
would consider that a significant reduction.
No environmental groups have appeared today to oppose this.
Florida Wildlife Federation has withdrawn their opposition, Collier
Audubon Society has withdrawn their opposition. Conservancy has
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sent in a letter. And I won't go through it today but I can provide to
you evidence where they listed out their demands to us in writing and
said if you withdraw these demands, we would withdraw our
opposition. And we have met every single one of their demands.
This is not like Windstar, Mr. Pires says. Windstar allows rentals.
Windstar has over 600 units in its master association. There's no limit
on the number of people Windstar can take to their property. And that
includes rentals, tenants are entitled to go out there. So this is exactly
like Windstar.
The marketing materials. Boy, I've been burned by that once,
you'd think I would have done a better job with it this time. I did my
best. I asked the client, make sure there's no obsolete marketing
materials out there. Clean up the website. We cleaned up Naples Bay
Resort website. I didn't know there was a Renaissance Village
website out there. And I didn't know that language is out there.
But again, I would tell you, ifhe's accusing me of lying, I take
offense to that. I'm not misrepresenting to you anything here today.
What I'm telling you is what I state here is what's for the record and
what will actually be as governing control, not what some piece of
paper or what some web page states.
And I can again assure you, like I did to the EAC, that
Renaissance Village website will be revised to be consistent with this
proposal.
And I would invite Mr. Pires, ifhe has any other websites that
he's aware of, please give me a call. Let me know so I can make sure
that they are consistent.
Twenty people was illusory, according to him. And I believe a
comment was made by one of the planning commissioners, we can't
prohibit our members from coming to the island. It's illegal.
And so what we've done is we've said as tightly as we can in the
operations manual, 20 people can be on the property. Now, yes, I
mean, can you then try to interpret that and blow that way out of the
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intention ofthe language and say oh, yeah, we'll disburse, we'll bring
out 20 more, disburse, we'll bring out 20 more until we have 300
people out there. That's not our intent. You have it on record by me
saying that.
What we're going to do is we're going to bring 20 people out
there and we can't bring another soul out to the island, the island,
unless some of those people go back.
This will combine with Mr. Pires' comment with some other
comments from public speakers about parties out on Keewaydin
Island. One comment was there's no parties in the south end. I
believe that was Mr. Pires. Another was the only home for parties are
commercial uses. The Kanzler estate down at -- that's the $12 million
one down in the southern end.
We have physical evidence that that's not true. On March 4th,
2007 of this year -- well, that would be this year, 2007 -- there were
two parties. One was an 80-person party, one was over 100-person
party. Both of them were on private properties, and neither of them
was on the estate to the south that they talked about that where parties
occur.
Well, we're not here to throw rocks. I have that evidence, but I'm
not going to make it part of the record.
Emergencies. That's one of the criteria of a Land Development
Code in the Land Development Code for conditional use. I have
spoken with both the assistant chief and the chief of the Isles of Capris
Fire District. He disagrees that there's insufficient or inadequate
emergency service to Keewaydin Island. Both of them disagree.
That's Chief Rodriguez disagrees. They have a boat, a fire boat there
at their headquarters, and he has confirmed this in e-mail, if you
would like to see it. It will carry a paramedic on board at every --
every time it goes out. A medflight helicopter is dispatched every
single time their fireboat is dispatched, and they're highly trained
individuals. According to them, depending on the tides and the
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~~
location on the property, it's a six to eight-minute response time.
Enforcement: That was an issue brought up; there's just lack of
sufficient enforcement. And we recognize that that's not a new issue.
We dealt with it the first round. We're doing the best we can under the
circumstances, we think.
In addition to that condition number 14, it brings us back before
the BZA. I mean, we're basically putting it on the line that in the
event enforcement is lack and we are unable to police this effectively,
it's revoked.
In addition to that, we have been in talks with Rookery Bay about
somehow increasing their enforcement presence and activity out there.
We have always said we'll pay our fair share towards morc
enforcement authority out there. And I'm here to tell you that wc will
pay $20,000 annually, as long as that CU is in effect, towards two
Rookery Bay or two whatever enforcement authority is deemed to be
the most sufficient enforcement authority for Keewaydin Island.
That $20,000 number is not arbitrary. Because in our discussions
with Rookery Bay, we asked them what is the salary, including fringe
benefits, or benefits, of a full-time uniformed ranger out there on
Keewaydin Island, exclusively for Keewaydin Island. The number
came back just under $40,000. Rookery Bay asked us to contribute 50
percent of that. We own less than one percent of the beach shoreline.
We agreed to pay more than 50 percent, the $20,000 per year.
I invite you to ask any of the other private property owners if
they've offered that kind of assistance or cooperation, or even the
county in that regard, if they're willing to step up and enforce things
the way they should be enforced out on Keewaydin Island.
In conclusion, we believe that this is based upon a comparative
analysis with what can go on out there today, whether it's a two
single-family homc residence or no approvals whatsoever that allows
us to bring a landing craft up to the beach and just dump a lot of
people, that's what is in existence today. But we believe in a
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comparative analysis, this is far better and -- far better in terms of an
environmental impact and in terms of the stewardship of Keewaydin
Island.
And I would remind you again, the Growth Management Plan
dictates the result in this case. Because if this is denied, the property is
put to residential use. We're giving you an opportunity to put it to
recreational facility use, which is number two on the priority list for
coastal barrier islands, according to the CCME. Residential
development is number nine.
We are giving you the opportunity to put into place to implement
the CCME in that respect. Recreation is deemed the highest and best
land use out there. And that's what we are promoting and proposing to
you, and we would ask for your support in that regard.
CHAIRMAN STRAIN: Are there any final questions?
Mr. Tuff, then Mr. Schiffer.
COMMISSIONER TUFF: Yeah, the one that I can't get past, it
sounded like it was good and I guess I always think what would I want
for my neighbor, which would I prefer, and I was preferring to what
you were doing until I got to the 20 people and we create a bathroom
magnet. And then I think what would I rather have? I'd rather have a
party once in a while, a big party once in a while than have how many
people would probably be drawn every day. And either you couldn't
answer that or I missed it, but that's my whole -- that's everything to
me on this issue.
MR. BROOKER: Well, I guess in response are we don't
anticipate -- the 20 is a maximum. We don't anticipate 20 being there
every day. And in fact, when -- we anticipate many days -- I don't
know if you've been out there. I've been on the property a couple of
times to put up that public hearing sign that you may have seen out on
there and donated some serious blood to the mosquitoes. It is -- it's
rough.
And so there are going to be weather days, mosquito-infested
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days that sort of thing where we don't anticipate anyone out there.
And so to just say because you're concerned that there's going to
be 20 people day in, day out out there, we don't believe that's reality.
COMMISSIONER TUFF: I'm not concerned about 20 people a
day, I'm -- the magnet bathroom. I mean, I see 100 people there on a
good day and lots of good days. Because they can all stop there and
transfer, well, I'm leaving, I'm coming back, that's the part I can't get
past.
MR. BROOKER: That won't be permitted, because the only
people who will be permitted to use the shelter and the restrooms are
the people we transport. So people who come up by boat, even if
they're club members, are not going to be permitted on our private
property .
CHAIRMAN STRAIN: Mr. Schiffer, before you ask your
question, we need to give a break to the two girls. We're certainly not
going to take lunch because we're going to be done with this hearing
today. So do you want to ask yours real quick or --
COMMISSIONER SCHIFFER: The only thing real quick is
essentially the same question. And I really just want to hear it for
sure, because it even got snickers.
The -- you know, number one in your general consideration, so
that means anybody reading your manual with attention deficit
disorder is going to get to this one. Number one says that you can't
arrive at this facility in anything other than your boat. That means you
can't arrive by private vessel, personal watercraft.
Are you going to swear that you're going to honor that thing so if
this armada is off the coast and they all want to use the bathroom and
they all have membership cards, they're not going to be allowed to use
those restroom facilities?
MR. BROOKER: Yes.
COMMISSIONER SCHIFFER: Because you're going to have a
water use problem anyway. I mean, to do that you'd have a tanker
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truck out there with water pumping into that septic system. Because
each one's going to be a gallon and a half flushing.
But you swear that that's never going to happen.
MR. BROOKER: Yes.
COMMISSIONER SCHIFFER: I'm done.
CHAIRMAN STRAIN: He's under oath, by the way.
With that we'JI take a IS-minute break and be back here at 12:25.
(Recess.)
CHAIRMAN STRAIN: Thank you, Kay. Okay, we're back
from break. We had left off with Mr. Schiffer. Did you finish all your
questions?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Okay. Clay, you had wanted a minute
to restate something?
MR. BROOKER: Yeah, one last comment. And thank you.
With regard to the conservation easement remaining on the
property even if it's revoked, we withdraw that opposition, and we will
live with the condition as stated in the staff report.
CHAIRMAN STRAIN: Okay, thank you, sir.
COMMISSIONER KOLFLA T: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir?
COMMISSIONER KOLFLA T: I had a question.
CHAIRMAN STRAIN: Go right ahead, Mr. Kolflat.
COMMISSIONER KOLFLAT: You talked about a three-year
period there for the conditional use before it could possibly come
before the Board of County Commissioners. What about some
succeeding time limits as far as coming back for another time, or after
that three-year period then it's all free?
MR. BROOKER: There was comments made that well,
build-out will take more than three years, so you're really not going to
see the full impact.
So we're agreeable to saying that there's a three-year check and a
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six-year check. So that will allow after a time a significant period of
time or having two possible checks to come back and two different
test periods, if you will, to address what we thought was a good point
is, well, maybe after three years we're not really significantly built out,
after six, we're farther along down the road and that would be a better
test period.
So the same -- what we're agreeable to do is the same
circumstances and the same rules that would apply at the three-year
time frame would apply at a six-year time frame.
COMMISSIONER KOLFLA T: And you would agree that could
be part of the condition?
MR. BROOKER: Yes, sir.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Okay, thank you.
Go ahead, Mr. Murray.
COMMISSIONER MURRAY: A follow-up.
Just so I have it clear in my mind, Mr. Brooker, the penalties
portion of it, which is an agreement between Antaramian or the
company and Rookery Bay, after the three-year or six-year in this
case, as you have suggested, after that time if they find reasons to
penalize, that would occur and there would be no capacity or ability
on the part of the county to withdraw the conditional use because of
this?
MR. BROOKER: Well, the penalty process would remain the
same. So the way it would work is we always had the penalty process
with DEP. We always had code enforcement. Whether it's one
month, three years, 10 years, whatever it is.
And then on top of that we are saying that just to make sure that
this is working as we have represented it in our good faith to work, at
a three-year time period we take a look, if there's been any violations
whatsoever, then we come back before the BCC, and then that
condition language would apply. They can either revise the
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conditions or revoke.
And then we'll agree to doubling that and say we'll do another
three-year time period. So we're being able to perhaps test if there are
phases or there's more build-out on the upland project another three
year-time period, and that time period if there's any violations
whatsoever, we're hauled back again before the BZA. They can tweak
again, if we appear before them at the three-year time frame, or revoke
at that point in time.
COMMISSIONER MURRAY: Mr. Klatzkow, in the event that
they were to come back at the six-year period and they'd had some
penalty issues but it hadn't risen yet to the level of revocation, could
the BZA at that time, based on these agreements and the ordinance or
whatever is going to be created, the conditional use document, could
the BZA modify it to require them to come back again in another three
years or another six years?
MR. KLATZKOW: I'd ask Mr. Moss if we would put it on the
visualizer so we can all see it.
This has changed over the course of the debate. And I don't really
know what it says at this point in time as far as that goes. So rather
than give you an answer, I'd like to see what it says.
MR. SCHMITT: John-David, I think I have the final version
here.
It's called visualizer dyslexia here, I guess.
MR. MOSS: Yeah, the text that's been added is underlined. It's
in the last sentence there.
MR. KLATZKOW: This version isjust the three-year and that's
it. I understand they're including a sixth year?
MR. BROOKER: We're simply offering that as a possibility. If
there -- because the public comment mentioned well, that's not really
an effective test because you're not going to be built out by then. So
what we're saying is we're willing to not only the three-year but a
six-year check. It's not to alter that language, it's to add to it and make
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it more burdensome on them.
MR. KLA TZKOW: No, I understand. So you're saying there
will be like a three-year anniversary and a six-year where the BZA has
the ability to relook at the CU. But after that, Commissioner, that
would be it.
COMMISSIONER MURRA Y: Yeah, that's what I suspected.
So in other words, penalties would still exist as between you and an
agreement with Rookery Bay. However, the county will have lost its
ability to revoke and you could have continuous penalties after that
and they'd have no authority; is that correct? Is that the way I
interpret it?
MR. KLA TZKOW: That is correct.
COMMISSIONER MURRAY: Okay.
MR. BROOKER: According to the language of the condition.
And that is in fact true of all conditional uses. Once they're approved,
in general, as we discussed, there is no mechanism whatsoever to
revoke it. And what we're adding to -- we're adding that possibility.
COMMISSIONER MURRAY: No, I want to thank you, Mr.
Brooker, for your qualification in that offer. And I recognize that that
is true, generally.
In this instance, though, we're talking about what everybody
recognizes, including the developer, that this is sensitive land and
probably should bear a little -- a lot more evaluation. Thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yes, but the simple fact of the
matter was initially in 14 we had that right. It said if no such violations
have occurred, then this conditional use will automatically renew for a
five-year term every five years thereafter. Should any violations
occur during these five-year terms, the automatic renewal will
automatically terminate and the owner will need to petition the Board
of Zoning Appeals.
So initially we had a five-year renewal period forever. And that's
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July 19,2007
been taken away, and I don't know why, and I'd like to know the
justification for it.
MR. MOSS: Well, as Joe stated earlier, we felt it was too
onerous. And so after discussions with the applicant we decided to
change it to just a three-year review period.
But one thing I wanted to point out regarding what Mr. Murray
was saying, it does say in here that if the hearing before the BZA is
triggered, they'll have the right to review the violations and determine
what revision to the conditions may be warranted. So it seems like
that would give us --
COMMISSIONER MURRAY: Well, that was the question I had
MR. MOSS: -- the opportunity to revise --
COMMISSIONER MURRAY: -- and Mr. Klatzkow indicated
no.
MR. MOSS: No, Joe?
CHAIRMAN STRAIN: You guys are talking over one another.
You've got to kind of slow it down.
COMMISSIONER MURRAY: Sorry.
MR. KLA TZKOW: They could be Boy Scouts for six years and
the seventh year, you know, girls go wild on the beach and there's
nothing we can do about it. It's -- the way it's structured, it's we look at
it at three years and we can look at it at six years and that's the end of
it.
MR. SCHMITT: Jeff, just for the correction, the way I read this
is it's still if there's a violation, we could still remand that they come
back to the BZA; is that not correct?
MR. KLA TZKOW: The way I read it, we've got three years and
now a sixth year. But after that, I think we're done.
COMMISSIONER MURRAY: That was my interpretation.
CHAIRMAN STRAIN: Well, does anybody have a suggestion
as to --
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COMMISSIONER MURRAY: Yes. Now that we've qualified
it, I would recommend that we reinstitute that paragraph as it was read
by Commissioner Caron that was previously in there --
COMMISSIONER ADELSTEIN: That's right.
COMMISSIONER MURRAY: -- if that's acceptable.
COMMISSIONER KOLFLA T: Mr. Chairman?
CHAIRMAN STRAIN: Go ahead, Mr. Kolflat.
COMMISSIONER KOLFLA T: Yeah, but what that gives, that
gives the opportunity that any infractions that were prevalent down
there could continue for five years rather than be stopped after three
years. So if you're talking about destruction to the environment or to
the site, that gives a longer period of time for them to ruin it.
COMMISSIONER MURRAY: If I may, and just not an
argument with you, sir, but right now the issue, it would die
completely. Now, if you wanted to modify it back to three years, that
would be I guess the subject of another discussion. But I would be
happy enough, if they've proven themselves for the first three years
and then the second three years and they've already gone through the
gauntlet, so to speak, I would be I think reasonably content that at
least every five years they get the opportunity, as opposed to no years.
That was the reason for my suggestion.
CHAIRMAN STRAIN: Clay, do you have a suggestion?
MR. BROOKER: Every three years forever.
COMMISSIONER KOLFLA T: In perpetuity.
MR. BROOKER: In perpetuity, yes.
COMMISSIONER VIGLIOTTI: Bingo. Well, that resolves
everybody's problem.
COMMISSIONER SCHIFFER: And then some.
CHAIRMAN STRAIN: Okay, thank you. Any other comments,
questions?
Mr. Kolflat, you wanted to have a public comment. And that's
not the same as a motion. Did you want it --
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COMMISSIONER KOLFLAT: No, I already have the question
answered.
CHAIRMAN STRAIN: -- during the hearing or after the hearing
closes?
COMMISSIONER KOLFLA T: I've already had the answer to
my question.
CHAIRMAN STRAIN: Okay. Then there's no other speakers,
Kay?
MS. DESELEM: No, sir.
CHAIRMAN STRAIN: Okay. And we've heard -- Mr. Moss,
you got anything to say?
MR. MOSS: I just wanted to talk about number 14 again. Are
we going to clarify persistent or significant violations, or have you
changed your mind on that?
CHAIRMAN STRAIN: No, I think the applicant testified that
that was purposely ambiguous to help both sides out.
MR. MOSS: Then you're satisfied.
CHAIRMAN STRAIN: But I thought we were just talking now
about going back to the other paragraph. And that language doesn't
exist in the other paragraph, does it? With the exception of three years
instead of five years.
MR. SCHMITT: I'd still prefer that some of that language stay
in, because it does give the BZA the authority to revoke. Otherwise it
becomes a code case.
And what was stated on the record by the representative of
Rookery Bay, certainly they're going to police. If they feel that any
form of the agreement has been violated, they're certainly going to
inform in the county. Then we would take their action and proceed.
Which seems to be far more restrictive than what is currently in place
for any property there right now. Normally they do let us know if
there are violations. But I still prefer to have this language remain
involving the revocation of the conditional use.
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July 19, 2007
CHAIRMAN STRAIN: Would you put the last paragraph that
was discussed n
MR. SCHMITT: I think what we're going to have to do is --
COMMISSIONER ADELSTEIN: Move it over. That's it.
MR. SCHMITT: I think what we're going to have to do is just so
note in there, as Clay mentioned, that somehow put language there
that it be three years and every third year thereafter or something to
that efTect. That would then identify that it's a three-year requirement.
To at least for nothing more than to bring a report back to the board to
identify if there are any infractions, and then the conditional use be
continued.
CHAIRMAN STRAIN: Why wouldn't you take the language
that you struck out from the prior number 14, put it back in this one as
un struck, and then leave the language you're adding as well, but
change the term from five to three?
COMMISSIONER MURRAY: Yeah.
COMMISSIONER ADELSTEIN: Yes, yes.
COMMISSIONER VIGLIOTTI: Yeah, we can do that.
MR. MOSS: Or just add the word every to this one. Every three
years, instead of saying just three years.
MR. SCHMITT: But I still want this --
MR. MOSS: Right. He's saying to leave that in there. Okay, so
keep this one. Just change five years to three years.
CHAIRMAN STRAIN: Well, I think what we said was take the
struck-out language from the prior document.
MR. MOSS: That's right. That's what I mean.
CHAIRMAN STRAIN: That's correct.
MR. MOSS: Replace the language that was stricken and change
it from five years to three years.
CHAIRMAN STRAIN: That's what the suggestion is to get past
paragraph 14.
Okay, with that, we will -- well, we'll wait for a minute here.
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MR. BROOKER: The only issue we'd have with that stricken
language is an automatic termination clause in there. That's what--
when we first saw this condition, we thought that was unnecessarily
harsh. And so instead of saying at the end of a period of time, whether
it's three years or five years or whatever it may be, that you
automatically terminate, it's that if there have been any violations a
hearing is triggered and we come back and we go through it all.
CHAIRMAN STRAIN: Well, instead of automatically
terminate, then it would trigger a hearing?
MR. BROOKER: Something along those lines.
MR. SCHMITT: And again, I've got to turn to the county
attorney. I believe -- I don't think we could automatically terminate
without coming to the board and asking the board -- the BZA to
terminate. Yeah. We're doing this on the fly here.
MR. KLATZKOW: The way this was originally structured, and
I structured it, I put a dead sentence to the conditional use.
MR. SCHMITT: Yeah.
MR. KLA TZKOW: So I gave it a term, it died. If they do what
they said they were going to do, they got to live again another five
years and so on. So it was an automatic dead sentence. That's how
was it.
But now we've got a different process saying now instead of
doing that, because the applicant thought that was too harsh, what
we're saying is every three years -- every three-year time period, if
you've got violations, we're going to take you to the BZA, the BZA
will look at it. It's really one or the other. And whatever your
preference is.
CHAIRMAN STRAIN: Well, I think we're looking at every
three years it would have to be -- first of all, it comes up for renewal
every three years. And I think the issue, the language in the other
document is the one we want to use.
The conditional use will automatically renew for a five-year term
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July 19,2007
every five-year thereafter. It should be three-year term. For every
three years thereafter. And if any such violations occur during these
three-year terms, then it will be taken to the BZA for renewal. I think
that's what -- I believe we're going. Is that the way the language might
want to be read by --
COMMISSIONER MURRAY: That's fair.
CHAIRMAN STRAIN: -- the commission?
Mr. Vigliotti, you're looking like you don't agree.
COMMISSIONER VIGLIOTTI: Could we be starting a
precedence here that we're going to be giving conditional uses with
termination dates?
MR. KLA TZKOW: I don't think that's a bad precedent.
CHAIRMAN STRAIN: It's probably a good one.
You understand the intent of --
MR. KLATZKOW: I'm going to write it right now.
CHAIRMAN STRAIN: If this goes forward, do you understand
what we're trying to say?
MR. KLATZKOW: If you give me 30 seconds, I'll have it
rewritten and we'll put it back on ELMO.
CHAIRMAN STRAIN: Okay, we'll do that.
David, you get to entertain us for 30 seconds.
COMMISSIONER SCHIFFER: What's an ELMO?
MS. DESELEM: The visualizer is ELMO.
COMMISSIONER SCHIFFER: We name our equipment, or--
MS. DESELEM: That's the name of it. Not its name, that's the
name of the --
CHAIRMAN STRAIN: You know, I could do something real
bold here and ask Tony Pires to come up and fill the time in for us, but
I know what that will mean.
COMMISSIONER VIGLIOTTI: Oh, no.
COMMISSIONER ADELSTEIN: Why don't we just make a
motion and figure it out when it comes down.
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July 19, 2007
CHAIRMAN STRAIN: We can take a --let's just go off record
for a minute or so and take a quick break, and we'll just resume in a
minute or two. Thank you.
(Recess.)
CHAIRMAN STRAIN: Thank you, Kay.
If everybody will come back it to their seats, we'll -- oh, my
goodness, your writing is as bad as mine, Jeff.
MR. KLA TZKOW: It reads -- and I could have been a
pharmacist -- the conditional use -- people would be dying all over the
place. The conditional use shall be required to go before the BZA for
review every three years from the issuance of the CO, unless during
any such three-year term there have been -- and then it goes on down
after that.
CHAIRMAN STRAIN: Good, I like that.
COMMISSIONER VIGLIOTTI: I like it.
CHAIRMAN STRAIN: That's good. Thank you for doing that
on the fly. Appreciate it.
Is there any objections from the applicant to the language?
MR. BROOKER: No objections.
CHAIRMAN STRAIN: Okay. We're past this issue.
Now, there are no other witnesses, so hopefully there are no other
questions at this point. We will close the public hearing and entertain
a motion.
Mr. Koltlat?
COMMISSIONER KOLFLA T: I move that we recommend to
the Board of County Commissioners approval of this petition with the
stipulated conditions as stated; as well that it's site applicable -- as
applies to this site.
CHAIRMAN STRAIN: Did you say approval?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Approval of this application with what?
I'm sorry. If you could say it again.
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July 19, 2007
COMMISSIONER KOLFLA T: In accordance with its
conditions and stipulations. And also that it's site permanent (sic) for
this particular site.
CHAIRMAN STRAIN: Site permanent?
COMMISSIONER KOLFLA T: For this site.
CHAIRMAN STRAIN: Site specific I think you mean, for this
site. Site specific for this site?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Okay. Motion's been made by Mr.
Koltlat. Seconded by --
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: -- Commissioner Schiffer. Okay, so now
we'll go into discussion.
Comments from the commission? Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I haven't said anything, but
I have been listening very carefully. And I found Mr. Brooker's
presentation much more persuasive this time than the first time.
However, I feel as though I need to go along with our environmental
advisory group recommendation. And from hearing the public
speakers, I'm convinced that there would be significant human impact
and possibly a precedent. So I intend to vote against the motion.
CHAIRMAN STRAIN: Okay. Ms. Caron?
COMMISSIONER CARON : Yes, I will also be voting against
the motion. I believe there are still ingress and egress issues. I believe
it will set a precedent in the neighborhood. I believe that the intensity
of the use is incompatible with well over potential 750 plus users.
I believe that their boardwalk, that construction seaward of the
coastal construction line is prohibited, except for public access. And
there is no public access, it's club members only.
I believe the effect on the neighboring properties is adverse
because the county is being asked to rely on provisions of a private
thus unenforceable agreement between the state and the owners. And
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I don't believe that the state has proven themselves to be a -- what's the
term I can use? I don't think they've been reliable in upholding their
own rules and regulations.
We'll be discussing one such incident later on today.
And I'll cite just one more just to throw it out there. Recently the
county has submitted to the State FDOT warrants for a traffic light up
in North Naples, and the state's response was not -- was that the light
wasn't warranted because red lights cause traffic accidents. And this
is the kind of thinking that we're going to put up with. I don't think
relying on the state to uphold these agreements makes any sense
whatsoever. And so for those and probably other reasons, I'll be
voting against it.
CHAIRMAN STRAIN: Let me finish up with this side of the
table, then we'll move to that side.
Mr. Schiffer?
COMMISSIONER SCHIFFER: I mean, are we clear -- there's
one condition that we didn't discuss that in their manualI'd like them
to add what to do if the alarm's on for the septic tank, okay? We don't
need to make that a formal condition, just do it in the manual, okay?
CHAIRMAN STRAIN: So in the manual part of your --
COMMISSIONER SCHIFFER: Well, what was missing is that
the staff doesn't know what to do when there's a blinking red light over
the septic tank, that they have a procedure in your manual what to do.
CHAIRMAN STRAIN: Mr. Koltlat, you had your hand up. Did
you have more to comment on?
COMMISSIONER KOLFLA T: Well, I probably should have
made a comment for the basis for my motion.
CHAIRMAN STRAIN: Pull the microphone a little closer to
you, sIr.
COMMISSIONER KOLFLA T: I went back and looked at our
record of our meeting a year ago, and I went through every item that
each of us and all had been brought up by the public. And I think this
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petition has addressed every one of those and attempted to ameliorate
the bad effects that were represented at that time.
CHAIRMAN STRAIN: Okay, now we'll start with this side.
Mr. Adelstein?
COMMISSIONER ADELSTEIN: I'm sorry, I can't go forward
with it either. I know the gentleman who has done it, I've watched
him operate for many years, too, and as did the speaker. And as far as
I'm concerned, I could not vote for this.
CHAIRMAN STRAIN: Any other comments from this side of
the table?
Mr. Murray, you're never lacking in comments, so go right
ahead.
COMMISSIONER MURRAY: Gee, I'm nonplused now.
I too agree that the presentation made by Mr. Brooker and the
efforts made to really give a lot of concessions -- perhaps they were
prepared for that, I doubt it, because we've asked some very strong
concessIOns.
Nevertheless, the question will remain and does remain in the
minds of many people, including mine, what are we doing here to
Keewaydin Island. So you'll have to listen for my vote.
CHAIRMAN STRAIN: Okay. Either of you guys got anything
to say?
COMMISSIONER VIGLIOTTI: I will be voting for it. I think
that they've done everything humanly possible to answer every one of
our concerns and all the board's concerns that came before you. We're
getting 90 percent of the property saved, environmental easement. It's
a conditional every three years you come back. So it's only a
temporary give you anyway.
My concern is there'll be two large private houses and they'll
invite as many guests as they want. We'll have absolutely no control.
And I think this is a well controlled project. Thank you.
CHAIRMAN STRAIN: Mr. Tuff, did you want to comment?
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July 19,2007
youtre more than welcome to.
COMMISSIONER TUFF: Well, I just think they did a terrific
job. And the thing I can't get past is I think we've just moved the party
over from the south end over to here. And I don't think there's a way
to combat that. But they will be following all the rules but we'd still
move the party, and I'll have to vote no on it.
CHAIRMAN STRAIN: And my thoughts on it will actually
pertain to the finding of fact of the conditional use petition. And my
purposes for not voting in favor of the motion would be that pursuant
to that petition, requirements, the findings of fact section number one
says that Section 2.04.03 table two of the Land Development Code
authorizes a conditional use permit.
Right off the get-go I am not sure that that applies to the
commercial dock that is now going to have to be there because it's a
change in use for the uplands. So that hasn't been clarified to a
satisfaction that I feel comfortable with.
Number. two, the granting of a conditional use would adversely
affect the public interest and will not adversely affect other properties
or uses in the same district or neighborhood because of A, consistency
with the Land Development Code and Growth Management Plan. I
still have a problem with the density. The GMP Section 10.3.8,
section 10.6.1, and the LDC Section 3.03.07(A) clearly refer to a
density of one per five acres. And I don't believe this application
meets that density.
Number B, the ingress and egress to the property of proposed
structures thereon. And the whole idea of the dock right now is in
question. The DEP permit that's been issued, if there's a change in use,
actually it's a violation of the permits, so the dock has to be
repermitted. We've heard testimony today that the dock certainly will
have to be repermitted. So until that's done, I'm not sure there's proper
and adequate ingress and egress to this property.
Number C, affects neighboring properties in relation to noise,
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glare and economic or odor effects. I don't have any comment on that
and I can't tell by the presentation today if there's any noise, glare or
economic issues with it. Some people may say it devalued their land,
others may say because of the potential there may be more value in it.
And as far as the environment goes, it certainly is a negative.
Number 0, compatibility with adjacent properties and other
property in the district. I think by the lack of the studies done on the
intensity of the property, the uses that the compatibility has not been
proven to a satisfaction that will secure my vote. So for those reasons,
I will be voting no on the motion.
And I think everybody's had their say. So with that, I'll call for
the vote, but I ask you to do so by signify by saying aye and then
raising your hand. If you're in favor of the vote for approval, please
signify by saying aye and raising your hand.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Three in favor.
All those opposed, same sign.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Six opposed. Motion for approval is not successful. It fails at
6-3.
Now, is there another motion?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron? Oh, Mr. Midney, you had
your hand up first. Go ahead, and then --
COMMISSIONER MIDNEY: I'll make a motion for denial of--
recommendation of denial for Conditional Use AR-I 0925.
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July 19,2007
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Motion's been made and seconded.
Discussion?
(No response.)
CHAIRMAN STRAIN: My reasons for supporting this
particular motion will be the same as those I just stated for the reason
to deny, the motion to approve.
COMMISSIONER CARON: Same here.
CHAIRMAN STRAIN: Ms. Caron is the same reasons.
Mr. Adelstein, same reasons?
COMMISSIONER ADELSTEIN: Yes.
COMMISSIONER MURRAY: Yes, but I'm confused, Mr.
Chairman. I thought if we had a motion that failed for approval, there
was no further motion required.
COMMISSIONER ADELSTEIN: Neither did I.
COMMISSIONER SCHIFFER: And Mark, question. Because
this is a conditional use, we fill this out. So essentially those of us who
voted yes would fill this out yes. Those of us who voted no would fill
this out no, and the nos would carry.
CHAIRMAN STRAIN: I don't think you tally this to determine
how we vote. I think you actually take the vote that we've taken place
is how we vote.
Mr. Klatzkow, we had a motion to approve and it failed. Do we
need to take another vote?
MR. KLA TZKOW: You don't need to, but you can.
CHAIRMAN STRAIN: Okay. Well, there is a motion on the
floor. If we don't want to act on it, then the motion maker and the
second can withdraw their motion.
COMMISSIONER MIDNEY: I'll withdraw it.
CHAIRMAN STRAIN: The second then I assume is withdrawn?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Okay. Well then, the motion to
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recommend approval failed. The project's going forward with a
negative recommendation then. I guess it will stay at that.
Okay, thank you all. That will end that particular case.
We have findings of fact. Please fill them out. They're attached
to your packet.
We still have an agenda to finish up, so I've got to ask everybody
not to leave. At least everybody not involved with this.
(Recess.)
CHAIRMAN STRAIN: Okay, sorry for the delay, we had to get
some paperwork completed.
Item #9
OLD BUSINESS
Any old business of this commission?
(No response.)
I tern # I 0
NEW BUSINESS
CHAIRMAN STRAIN: Okay, new business. Michelle, you had
a discussion you wanted to bring to us regarding the school board?
MS. MOSCA: Good afternoon, Mr. Chairman, Commissioners.
For the record my name is Michelle Mosca with the comprehensive
planning stair.
I'm here today to request the commission's consideration to allow
the school district staff or their consultant to provide an overview of
school concurrency at a future planning commission date. And that's
simply my request.
Staff would suggest either August 16th or the first meeting of
Page 126
WRITTEN
FINDINGS OF
FACTS BY CCPC
MEMBERS ON
JULY 19, 2007
· 7A
.11
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-I0925
The following facts are found:
1. Section 2.04.03, Table 2, of the Land DevelopmentCode authorized the conditional
use. p DL Ie L\.. ~ kJO I . CCJ J.J {\ V /)v G)- .;t,-,,~.e...g, M. L< tJ~"'^"- ..?r.s tu ee(
2. Granting the conditional use will not adversely affect the public interest aild will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. . Consistency with the Land Developmimt Codtl and Growth Management Plan:
Yes_ No---2(
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow.
and control, and access in c~ of fire or catastrophe.:
AdeqUate ihgress & egreSs
Yes~ No.lL
C.
Affects neighboring properties in relation to noise, glare,. economic or odor
effects: .
~ No affect or . Affectmitigated by
. _AffectcMtbemitigated u....,~ \~\ 1-eot,~
Compatibility with adjacent properties and other property in the district:
D.
Compatible use within district
Yes NOL
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:,.Q./)0 -01
CHAIRMAN:
t11Ctclf~.
,
ExHIBIT A
7A' fl'~
FINDING OF FACT
BY
COLLIER COlJNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S"AR.I0925
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe: . .
Adequate ingress & egress
Yes~ No_.
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by
_ Affect cannot be mitigated
/.77 C....#O//(I7N/'
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
'/.1'.177
MEMBER:
:0/q<<
EXHIBIT A
7A I,.
FINDING OF FACT
BY
COLLIER cOU:."lTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
cU-200S"AR.I0925
.The following facts are found: .
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or .neighborhood because
of:
A. Consistency with the Land Development Code aild Growth Management Plan:
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian. safety and convenience, traffic flow
and control, and access in case of flreQr catastrophe:. . .
Adequate ingress & egress
Yes~ No_.
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent prop~es and other property in the district:
Compatible use within district
Yes4 No_
Based on the above findings, this conditional use should, with stipulati
recommended for approval to the Board of Zoning Appeals.
DATE: 7-/7"-0./
EXHIBIT A
7AI'11
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
cU-2005-AR-I0925
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Dc:velopinentCode authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of: .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes _ No.)C:.
B. Ingress and egress to property and proposed' structures thereon with particular
reference to automotive and. pedestrian. safety and convenience, traffic flow
and conltol,and access in case of fire or caiastrophe: . .
Adequate ingress & egress
Yes No;><
C. Affects neighboring. properties in relation to noise, glare, economic or odor
effects: .
No affect or _ Affect mitigated by
-F- Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes_ NoL
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 7-jQ-O? MEMBE~~.~
.-
EXHIBIT A
7 A '~lf"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR.
A CONDITIONAL USE PETITION
cU-200S"AR-I092S
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Development Code aild Growth Management Plan:
No /:
Yes
B.
Ingress and egress to properly and proposed structures thereon with particular
reference to automotive and pedestri~ safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
No ~
Yes.
C. Affects neighboring. properties in relation fu noise, glare, economic or odor
effects:
_ No affyct or _. Affect mitigated by
..-lL. Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
No /'
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
'J /1 q/(} 7
I I
MEMBER: f/h1/l4-. '-;eed. {I~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
cU-2005-AR-I092S
7A 111
. The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. . Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No V' .
B. Ingress and egress to property and proposed. structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and conttol,and acce~s in case of fire or catastrophe:. .
Adequate ingress & egress
No ~.
Yes
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: .
_ No affect or _ Affect mitigated by
J Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No V
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~ll <) I ~ 7
~.
/~~
~ ~
MEMBER:
EXHIBIT A
FINDING OF FACT
BY
cOLLlEJ1 COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL liSE PETITIOl'<l
7A
cU-2005-AR-I0925
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land DeveJopment Code and Growth Management Plan:
Yes~ No_.
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe: . .
Adequate ingress & egress
YesL No_
C. Affects neighboring. properties in relation to noise, glare, economic or odor
effects: ..
_ No affect or L Affect mitigated by tovV\rtlJ '\
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
;'
Pulations, (copy attached) be
Based on the above findings, this conditional use should, with s
recommended for approval to the Board of Zoning Appeals.
DATE: ~\)ljV: ni'"cfi-)
MEMBER:
."-'
EXHIBIT A
7 A '. rff
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
cU-200S-AR-I092S
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest aild will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No./'
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YeS~No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V<o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within diStrict/
Yes No V
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
t1'1eM(,~Y- Z ~
DATE: 7- /1- 07 .~: o1~
ExHIBIT A
7A
~ 1\1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
cU-200S-AR-I0925
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Dc:vc:lopmentCode authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. . Consistency with the Lan7'opment Code and Growth Management Plan:
Yes No .
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and. pedestrian safety. and convenience, traffic flow
and control, and access in case of fire .or catastrophe: .
Adequate ingress & egress /
Yes No V'...
C. Affects neighboring' properties in relation to noise, glare, economic or odor
effects: /. . . .
_ No af~ or _ Affe~.mitigated by
X~ectcannot be nutlgated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within d7
Yes No
Based on the above findings, this conditional use should, wi
recommended for approval to the Board of Zoning Appeals.
DATE:
I~ 0
MEMBER:
, (copy attached) be
EXHIBIT A
7 A 1!.1
Lega.J O~$crip~iOrt
Th$Nortb IlUf~e~.of Goy,mm",ntJ,.c:rt'. SecbOn '1!J.Tow.nsfu'p:51 $9utb.!J~ang. 211
Eut,CoJlter CO)Jnty.RElI'f:i:!"@~!l,-qre~'il~. 9~[.~m!~~~.thgnli)rtfjnl\.Q.f!GIld
GOXl!ll'l'lmllntlot2,sa,hfnQrth. iii1~,a.l$9 &eifl9iiecornm.orIIIHe'li!e~a"tin!i$~ct[Qn"
11 ami 'tAl TpwnshlpSl ~qtjtJt,R.iijj'ge2S1=. list,C'elliklr Q:.Qunty~.Flotida)i
.. .. .' ,- , . ~ .' ,-,
EXHIBIT B
EXCERPTS FROM
RECORDED
CONDOMINUM
DOCUMENTS
7A .
I
""~-.",...a,:
Oer,t L ...... E,.,
GRANT. FllIDltJN. I'EAllSON. A THAN a CIIOWN. , A
SJJI ..~ J Drw.. s.. 501
........ FIori6o 141"
(2)" ""IGOO
L~tt
7 A '_'~r~:._..
3916583 OR: 4121 PG: 3210
uco.... 'I aIP/CUI. UCODl at comu COIll'!. n
1I/1l/ltM It U:S'" Ill. I. 1IOCI, CUB
lit ra IlIl...
CQlIJ. !SUI
lIlt /.S'
.
~,
Itta:
WIr PIlllUl n u
IlSl II.... . 'SI!
IUU. n lll"
<........,,..JW 0J/IftIlI_ tIfIfIW
DICLARA nON or CONDOMINIUM
FOR
THE COTl'AGES AT NAPLES BA V RESoRT, A CONDOMINIUM
nns DECLARA nON is made this 18. day of September 2006 by ANT ARAMlAN
CAPITAL P ARlNERs, LLC, a Florida limited liability comJllUly (!be MDeveloper"), for itself
and its successors, grantees and assigns.
WHEREIN !be Developer mates !be ~:
/;\..-~~~~
J, mE LAND. The Dev~)?wns certain re~y localed in Collier County,
Florida. IS more particularly ~ Exhibit "A" al1llc~ hereto (!be "Condominium
Property" or the "Submitted ~, "\ \
/ . !~ ,
2_ SUBMISSION ST A~ Submits the Condominium
Property described in Exhib M" ents erected or to be
..reeted thereon, all ..ascme . '\.- . 8 thereto, and all other
property, real, penonaJ or mi~. ~ within it, to 'um form of ownenJrip and
use in !be m_ provided by "'~.Statutes, Chapterl rida Condominium Act, IS it
..xists on the date of recording .~~aration, ..xcludi ~Iiom, however, (i) all public
utility instaJlations, cabl.. t,,'evis~ o~equipment, if any, owned by the
utility IUmishing services to !be C . - ,Ii. . I "I5etnenrs for which JlI'OVisioo is
made in !be DeclUUion of COVetW1ts, IS rea defined. The COVetW1ts and tatrictions
contained in this Declaration shall run with !be land and be binding upon and inure to the benefit
of all pt'eSenI and future owners of condominium ptU'Ce's. The acquisition of title to a Unit, or
any interest in !be Condominium Property, or !be lease. occupancy, or use of !be Condominium
Property shall constitute an acceptance and ratification of all provisions of this Declaration IS it
may be amended from time to time, and shall signify agRement 10 be bound by its tenos. The
Condominium Property is a part of the property that is subject 10 the Declaration of COVetW1ts,
described in Section 4.10 hereo(
J. NAME. The name by which this Condominium shall be idenliti..d is mE COTTAGES
AT NAPLES BA Y RESORT, A CONDOMINIUM (the "COndominium"), and its address is clo
365 Fifth Avmue South, Suite 201. Naples, Florida 34/02.
4. DEnNITIONS, The lenos used in this Declaration and its ..xhibits shall have the
meanings stated below and in Chapter 718, Florida Slatutes, unless the conte.t otherwise
/
7A ..".,
OR: 4121 PG: 3114
propo.1ionately excused from plyment, except as provided in this Article. as 10 lhe Developer,
and in Article XIX IS 10 First Mongagees. Nothing herein shall be construed 10 prevent the
Associalion !Tom compromising or scnling a claim for past due asscssmenb for less than full
plyment, if the Board determines that such aclion is in the best inlerests of the Association.
ARTICLE X
CLUB RELATIONSHIP AND B~[FIT:
COVENANT 'OR PAYMENT 0' DUES T THE CLUB AND
LIEN TO SECURJ: PAYMENT
Section I. Club MembenhiD and Benefil. The Club Owner, an affiliate of Developer,
has created lhe Club within, and IS a part of, the Property. The Club has facilities that Ire
located withiu the Commercial Component and an: leased to the Club Owner by the Developer,
IS the Owner of the Commercial Component. II also has facilitialocated on other real prllpeI1y
located outside of the Property, but which have either been developed by Developer, or an
affiliate and which have been or will be ~f9 owned by the Club Owner. Some of
these facilities are located on land. -"- ~ Reson East Parcel" and "Island
Parcel." The Club Facilities hav . I
esc Parcel other than the Co
10 Deve r or
Collection. "
. ue to serve the
also be able 10 bee
Prop"!) is enhanced and xi 0 and the availability of ib
facilities. Each Owner of a . acquired in Napl ay R ;OJ ~ est Parcel, except for the
Commercial Parcel, will be -: ~ 10 acquire and . ~uity membership in the
Club and to ply Club Dues 10 1hl<.GJYS~.~ P in the Club is contractual in
nature only in accord with the app/~ of the Club Membership Plan, as
hereafter defined. The membership con~' or rights 10 equity participation in the
Club Owner or the Club whatsoever.
Membership in the Club is subject to the terms and condilions of the Club Membership
Plan, lhe Rules and Regulations and the Membership Agreements, IS the same may be amended
from time to lime (collectively the "Club Membership Plan Documenb''). Copies of the Club
Membersrup Plan Documents are on file with Developer and the Club Owner. In the event the
Club is ever convened from a non-equity club 10 a member-owned equity club, the Club
Membership Plan Documenb shall also include the Club Equity Membership Plan, rhe Bylaws,
the CeniflCate of Incorporalion and the Membership Purchase Agreements. If, IS and at such
time as the Club were 10 be convened 10 an equity club. each member of the Club will be
required 10 convert 10 the correspondinl equity membership in lhe Club in accordance with the
Club Membership Plan Documents.
Membership in the Club requires the plymenl of a membership purchase price, called a
membership deposit, and membership dues, fees and other amounts, and if the members of the
.23.
::.........
~
L~<f
"* ~ ---, ,.,...J fir:
........ C. II.-, _
GMHr. FIlIDICIN. ~. A~ & CROWN. P A
5551 D' '. J OIW. SuI. 501
.........,.. 34101
2>>- 514-1000
RB'I'!l :
6RAN1' F1U1lltI1I E'J' AL
5551 RI~ lit .501
NAPLES FL 34108
7 A l'
3916582 OR: 4121 PG: 3182
IIClIUD II omCIU IICll8I If c:owa ~. II.
1'/11/1'" It 1/:1'" 111&11 I. IIICI, etllI
lie 111 111.1'
ClItIU I'."
fIle 1.1.
DECLARATION or RESTRICTIVE COVENANTS,
CONDITIONS, RESERVATIONS AND EASEMENTS
FORmE
NAPLES BA V RESORT EAST PARCEL
nns DECLARATION is made this IS. day of September 2006 by ANT ARAMIAN
CAPITAL PARTNERS, LLC, a Florida limited liability company (the "Develo~ or
"Decl__j.
BACKGROUND
A. Developer is the owner of a of land Iocaled in Collier COUIIly, FIoridlI,
IcgaJly dncribed on Exhibit "I" :~~ which Developer bu developed a
residential condominiwn and a c ,IIIC of such condominiUIII unit
0..... u ........ "'- . ...... ..... ~. opmcnt, sucb devel~ 011
the Property to be Irnown U "N, Pli East PI;" \
B. The "Naples B y 'i~ plan of deve/opment that
Developer and affiliates, pi to elo raJ term. "Naples Bay
Resort" and "Naples Bay Rc developmCDt an: Irnown
u, and to be described U " Bay Resort we.~ I," ribed in the Naples Bay
Resort West Pan:cJ Dec:larati~' defined, itlJ.u 1U1ds;
~ ,~
'" ,'-...
C. In order to (i) e b scncraJ It development is adhered to; (ii)
establish ccnain continuinl relations li, JlJij Gl riabll and oblilltions ~
Developcr and the jlCfSOlII who acquire 0 . peny in Naples Bay Resort East P..-ceI,
and their respective succcsson, with respect to use, enjoyment and maintenance of certain areas
and facilities, U hereafter described within Naples Bay Resort East Pan:el; and (iii) prolect,
preserve, and enhance the value of the propc/'ty within Naples Bay Rcsort East Parcel, Developer
bu determined that this Dec:laratiOll, esrablishinl certain easements, servitudes, restrictions,
reservations, and Conditions in the fonn of COVenants runnins with the land shall be bindi..
upon, enforceable against and inllle to the benefit of all such present and future Owners, U
hereafter defined. of plo.....1y developed within Naples Bay Rcsort East Pan:el and shall nm with
litle to the land hereby and hereafter subjccted to it;
D. The value of the different properties to be developed PW'SUlllt 10 the forgoi..
general plan is interdeJl'...kdt with facilities that are to be devcloped on the Naples Bay Resort
West Pan:el and the Naples Bay Resort East Pan:el each benefiting and supportinl the other;
E. There is thus a mutual benefit to Owners, as hereafter defined. and to JlCnOns who
are owners of property locatcd within the Naples Bay Reson West Pan:el resulting from the
,1-
I
7A
, "
OR: 4121 PG: 3183
imposition of this Declaration and the imposition of the Naples Bay Reson West Parcel
Declaration, as hereafter defined, respecting the Naples Bay Reson West Parcel; and
F. Developer desires to hereby subject the Property to the terms and conditions of
this Declaration.
NOW. THEREFORE, Developer hereby declares that title to the Property, shall be held,
sold, conveyed, encumbered, used and occupied subject to the terms and conditions of this
Declaration as covenants lUDIIing with the land enforceable as aforesaid..
UTlCLE I
DEJ1NJTrONS
The following terms when used in this Declaration shaIJ have the following meaninas:
(a) .. Administrative Cbarp~1e X. Section 3 hereof.
~~~i\;~
(b) "Building(s)" ~~ detached s) in the usuaJ sense.
(c) "Club" meansft R will be owned and operated
by the Club Owner.
I
(d) "Club Dues . t, periodic pa)'l1lents and
charges and all other sums .p in the Club, in accord
with the Club Membenl1ip PI. .c...., f.
,"'F .,-
(e) "Club Facilities" \ portion of I.... owned by and operated by the
Club Owner as pan of the Club, ~. by the Club Owner, as weD . Illy
other such fllcilities located off site frO such as. without limitation, those Club
Facilities locared on the Naples Bay Reson West Parcel).
"Club Owner" is Kni Pannen of N LLC a Florida limited
liability company, an affiliate of Devel and its '''CC-!On and assi as is the owner of
u acihties. Club Owner will offer non-equity memberships in the Club.
(g) Commercial Component Owner" is the owner of the Commercial Component to
be located on the Naples Bay Resort West Parcel, as defined in the Naples Bay Resort West
Parcel Declaration. or if it is ever submitted to the condominium form of ownership, the
association therefore. In the eVent the Commercial Component is divided and ponions of it sold,
the Commercial Component Owner shall be the owner bolding the greatest square footage in the
C OIIUIleItial ComponenL
(h) "Component" means one (I) of the distinct pans of the Property, as hereafter
described in Ankle U.
,
. -'
I
7 A tt1
OR: 4121 PG: 3187
The Club Owner shall be the entity responsible for maintenance and operation of the
surface water managemenl and retention system wilhin the Property. The maintenlmce and
operation of the surface water managemenl and retention system shall be perfonned 10 8ppIicable
standmds established by the City of Naples, SoUlh Florida Wiler M8DlI&emenl Distric:t, and/or
the Florida Oepartmmt of Environmental Protection and 8ppIicable ordinanc:es, regulations and
permits. In the event any portion of the surface water Illan8gement and retention ~ is
located within a particular Unit. Building or any portion of the ResidaJtiaI Compooent. then the
Cottages Condominium Association, or other applicablc lWOCiation, 01' Owner shaJJ allow the
Club Owner access for maintenance and rep&ir and shall otherwise be responsible 10 keep such
portioa properly maintained. In the event any associatioa or an Owner damages any portion of
the management and retention system, the Club Owner shall have the right, and a perpelUaI, DOlI-
exclusive -t. 10 eofa' llpOIl and perfullu l1\IIint_nce and CJpera!iona) rapoasibili1ics for
and, if necessary, rep&ir the surface ~ retentioa system and 10 perform any
1IeC"""<;Vy inspections or monitorin :~ .~ of the Club Owner doina so
may be '-_sed against the Co 'nium' or other applicable _iation,
or the ~"e Owner.
,
\
ARTICLE V
SURFACE WATER MANAGEMENT AND RETENTION SYSTEM
C
Section I. I Mem , an affiliate of Developer,
has created the Club within, and as also has Club Facilities located on
other real property located outside 0 whicb have either been developed by
Developer, or an affiliate, and which have been or will be conveyed 10 and owned by the Club
Owner. Some of these facilities are located on land known as the "Naples Bay Resut West
PIII'CeIM and "Island Parcel. M The Club Facilities have been develODed 10 serve Qwaen of Units
. . P as well as other communities that....!!!!!! be ~.J!!
Develooer or affilWa such as the "N es Bav R_ West Pan:eIM and the Ianrer ..,.,...1_ ~
Collection." In order 10 rnalre the ub ecooomi I viable '1 it 10 coalinue 10 the
w are OMlerS of ar real will also be able 10 ~
sue the value of Units .., '" ~ within the Pro is enbaaced and
Ilo.n.-fits &om the exi......... of the Club and the availability of its facil~ Eacb Owner of a UBit
acquiRd in Naples Bay Resort East Parcel will be requim!lo acquire and maintain a non-equity
membership in the Club and 10 pay Club Dues 10 the Club Owner. The membership in the Club
is contractual in nature only in accord with the applicable lenns and conditions of the Club
Membership Plan. as hereafter defined. The membership confers no ownership or rights 10
equity participation in the Club Owner, the Club Component or the Club whatsoever.
- 6.
I
7A
OR: 4121 PG: 3188
Membership in the Club is subjecl to the lenos and condilions of the Club Membership
Plan, the Rules and Regulations and the Membership Agreements, as the same may be amended
from lime to lime (collectively the "Club Membership Plan Documents''). Copies of the Club
Memba-ship Plan Documents are on file with Developer and the Club Owner. In the event the
Club ;3 ever convened Jiom a non~uity club to a member-owned equity club, the Club
Membership Plan Documents shall also include the Club Equity Membership Plan, the Bylaws,
the Catificate of Incorporalion and the Membership Purchase AllI=DallS. If, as and at such
time IU the Club was to be convened to an equity club, each member of the Club wiD be required
to conwert 10 the corresponding equity membership in the Club in accordance with the Club
Membe1ship Plan Documents.
Membership in the Club requires the Jl8)'Dten1 of a membership purchase price, caJJed a
memtlership deposit. and membership dues, fees and other amounts, and if the members of the
Club \Mere subsequently to vote to acquire the Club Facilities from the Club Owner, the
-"--dts to fund the I'W'Chase price of the Club Facilities JlUISUlml to the Club Membership
PI.. DcJcumems. Club Dues shall be detemtined by the Club Owner and are subject to change .
contemplated by the Club Membership . Transfer of a Club membership sba1J
be in aexordance with the Club M ~
/.0 J-
Section 2. COb" to
Developer, for each Unil DOIOJ"or .thin ap Bay Resort East Parcel th.t J
is a mem.ba- of the Club, as 'sJl".Ci v~ and each Owner of any
Unil by lICUpfance of a I st expressed in such deed, is
deemul to COVenant and ~ue to it and pa}'llb/e from
such Owmer in IeSpeCt to hi Pi . . of a Unit in Naples Bay
Resort Eut Parcel. Such CI :::, reasonable attorneys' fees
for the eoUection thereof, shaIi.; cbarge on and . continuing lien upon the Unit
against ..tUch such Dues are ue. Such Club/ :y ogether with interest, costs and
reasonallle at1omeys' fees, shall aI . .. . of the person who was the Owner
of such Unit althe lime when the Clu6- reti ubject to provisions of Ibis Declaration
proleclina first Mortgagees, the personal obligation for delinquent Assessmeuts shall pus to the
successors-ill-tide of such Owner.
Se<1ioll 3. Collection. Club Dues due to the Club Owner shall be delermined. '.~oed,
collected and payable in the mlUUler set forth in the Club Membership Plan Documents.
Section 4. Club Dues. Club Dues will be levied against Owners of all Units within
Naples Ba, Resort East Parcel.
Scc1il)n 5. Club Facilities. The Club Facilities are privately owned and operated by the
Club Owner. The Club Owner has the exclusive ri t 10 determine Jiom time to lime, in its sole
iscretion and without notice or val of an cban e how and
~hall be used. By way of example. bUI llOf limitation, the Club Owner has the right to approve
users and clderrnine eligibility for use, II) reserve use rights for future purchasers of Units within
Naples Sa, Resort East Pan:el. 10 modify the Club Membership Plan Documents (not however in
- 7.
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GMHr. F-... PEARSON. ATHI\N & CROWN. P....
S55, P'fll.u J onw. SuIe 501
~._ ",oe
z>>. SI4- lllOO
MASTER DECLARATION Of RESTRICTIVE COVENANTS,
CONomoNs, RESERVATIONS AND EASEMENTS fOR THE
NAPLES BAY RESORT WEST PARCEL
TInS MASTER DECLARA nON is made this 18'" day of Sepcember 2006 by BASIL
STIlEET PARlNERS, LLC, a Delaware limited liability company (the "Developer" or
"Declarant'").
BACKGROUND
A. Developer is the owner of a parcel of land located in Collier COWlty, Florida,
legally desaibed on Exhibit "I" hereto (the " 'cs" or the "Propertyj on whicb Developer
has developed a mai.. and a mi. commercial and residential livilll
community, together with ameniti ~ I - .~mon use and enjoyment of the
ownen of all privately owned=t1I'~ the Property, as ~ '\ club for the non-exclusive use
of such owners, punuantlo a g velo as ~ied in applicable resolutions
of the City of Nlplcs and a c. so: f bit de~lopment on lhe Property to
be known as "Naples Bay RT , 1
B. The "Naples Bsy. I is a 1r- er phm of development
that Developer and/or affiI~~but do not cO~'t, I d on other lands under the
general terms "Naples Bay R~ "N~les Bay R , 0 ." Such other prope.l1 and
development are known as, and ~ as ':PI /'~ esort East Parcel," as well as
other lands' " Gr. ~/ \'
, 'C'-' '-'
"':"!hc CIRL
C. In order 10 (i) ensure that SIltIt=piJenUplan of development is adheRe! to; (ii)
establish certain continuing relationships in the fonn of mutual rights and obligations between
Deve/opcr and the penons who acquire ownenbip of property in Naples Bay Resort West Parcel,
and their respective successon, with respect 10 use. enjoyment and maintenance of certain areas
and facilities (hereafter described) within Naples Bay Resort West Parcel; (iii) ensure that
provisions of applicable resolutions are adhered 10; and (iv) protect, preserve, and enhance the
value of lhe property within Naples Bay Resort West Parcel, Developer has determined that this
Declaration, establisbing certain easements, servitudes, restrictions, reservations, and conditions
in the form of covenants nmning with the land shall be binding upon, enforceable agaillSl and
inure to the benefil of all sucb present and future OWl\Crs of property developed within Naples
Bay Resort West Parcel and shall run with tide to the land hereby and hereafter subjected to it;
and
D. Developer desires 10 hereby subject the Property 10 the lerms and conditions of
this Declaration.
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OR: 4121 PG: 3093
NOW, THEREFORE, Developer hereby declares that title to the Property, shall be held,
sold, COllVeyed, encumbered, used and occupied subject to the tenns and conditions of this
Declaration as COVeIIlIJ\lS nmnil1l with the land enfon:eabJe as aforesaid. The development of
Naples Bay Resort West Parcel on the Property and the uses to which it is to be placed, based on
the applicable zoninllo is predominantly non residential. As such. the provisions of Floridll
Statulcs Chapeer 720 are not applicable to this Declantion or to the property owners association
establisbed punuant to it.
ARTICLE I
DEnNITIONS
Section J. The followina tenns when used in this Declaration shall have the followilll
meanings:
"
.....,
-~ usual sense. In particular
ellered as Buildings 1,2.3, C,
(e)
(f) ''Club" means ~The Club at Naples Bay Reson, .. that will be owned and operated
by the Club Owner.
(I) ~Club Dues" means the initial membership deposit. periodic dues. payments and
charges and all OCher sums payable by an Owner as a result of membership in the Club, in accord
with the Club Membership Plan Documents described in Article X hereof.
(b) "Club Facilities" means the portion of the Property owned by, leased to. or
operated by the Club Owner as part of the Club, from time to time, established by the Club
Owner as well as any other such facilities located off site from lhe Property.
-... -
(i) ~CJub Owner" is Knightsbridge Partners of Naples, LLC. a Floridll Iimited'{
liability company, an affiliate of Developer and its successors and assiens, which is the owner of
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I'"
OR: 4121 PG: 3114
proportionately excused from paymcnl, except as provided in this Artic:1e, as to the Developer,
and in Article XIX as 10 First Mortgagees. Nolhinl herein sball be construed to prevent the
Association from compromisinl or senlinl a claim for put due assessmenlS for less than full
payment, if the Board detennines that such ICtion is in the best interests of the Association.
ARTICLE X
CLUB RELATIONSHIP AND BENEFIT:
COVENANT FOR PAYMENT or DUES TO THE CLUB AND
LIEN TO SECURE PAYMENT
Section I. Club MembershiD and Benefit. The Club Owner, an affiliate of Developer,
has created the Club within, and as a part of, the Property. The Club has flCilities that are
located within the Commercial Component and are leased to the Club Owner by the Developer,
IS the Owner of the Commercial Component. [t also has facilities located on oeber real property
located outside of the Property, but which have eilher been developed by Developer, 01' an
affiliate and which have been 01' will be owned by the Club Owner. Some of
these facilities are localed on land ~~ Resort East Parcel" and ~Island
Pan:eJ." The Club Facilities hav,,~veJoped to . Ownen of Naples Bay Resort
West Parcel. olher than the]O m~iaI Componenl, IS we as communities that may be
developed by Developer or a iat~ s"w;b.as Bay ~ East Parcel" and the larler
"Naples Bay Collection." I 0 icllilly viable and pennit it to
continue to serve the Pro , ~icuJar real prope,t)' will
also be able 10 become Clu ,M. . 0 IS and Propeny within the
Property is enhanced and 0 and the availability of ilS
flCilities. Each Owner of a 1ICC!uired in Naple~ y R '!'"/west Parcel, except for the
Commercial Parcel. will be. to ICquire and tiQ '~quity membership in the
Club and to pay Club Dues to ~ Owner. The m ~ p in the Club is contractual in
natun: only in accord with the app" ' of the Club Membership Plan. as
herufter defined. The membership co"i\ or rights to equity participation in the
Club Owner or the Cl"whIIsoc:ver.
Membership in the Club is subject to the lenos and conditions of the Club Membership
Plan. the Rules and Regulations and the Membership Agreements, as the same may be amended
from time to lime (collectively lhe "Club Membership Plan Docwnents"). Copies of the Club
Membership Plan Doc:wnents are on file with Developer and the Club Owner. In the event the
Club is ever converted from a non-equity club 10 a member-owned equity club, the Club
Membership Plan Documents shall also include the Club Equity Membership Plan, the Bylaws,
the Certificate of Incorporation and lhe Membership Purchase Agreements. If. as and at such
time as the Club were 10 be converted to an equity club. each member of the Club will be
required 10 convert 10 the corresponding equity membership in the Club in accordance with the
Club Membership Plan Documents.
Membership in the Club requires the paymenl of a membership purchase price, called a
membership deposit, and membership dues, fees and other amounlS, and if the members of the
.23.
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OR: 4121 PG: 3115
Club were subsequently to vote to acquire the Club Facilities from the Club Owner, the
assessments to fund the purchase price of the Club Fadlities purchaser pursuant to the Club
Membership Plan Documents (collectively the "Club Dues'}. Club Dues shall be detennincd by
the Club Owner and are subject to change as contemplated by the Club Membership Plan
Documents. Delinquent Club Dues are deemed to constitute Special Assessments. The Club
Owner shall have a lien against e&l:h Unit for all unpaid Special Assessments in acconlanc:e willi
the lien and foreclosure provisions set forth in Anicle XI. The Association hereby consents and
authorizes the Club Owner to enforce the lien and foreclosure provisions of Anicle XI rnpectilll
delinquena Club Dues. Transfer of a Club membership shall be in accordance willi the Club
Membership Plan Documents.
Section 2. Creation of the Lien and Personal Oblil!ation For Payment of Club 1>0-
Developer, for eacb Unit IIOW or hereafter owned by it within Naples Bay Resort West Perul that
is a member of the Club, as specified in Ankle XI, hereby covenants, and each Owner of any
Unit by acceptance of a deed tltc:refor whether or not it shall be so expressed in such deed. is
deemed to covenant and agree to pay to the Club Owner all Club Dues due to it and payable from
such Owner in respect to his or her mem . ownenhip of a Unit in Naples Bay
Resort West Parcel. Such Club DueJo;' . osts and reasonable attorneys' fees
for the collection thereof. shall ~ on and see ~ continuing lien upon the Unit
against which such assessment Pc t Dues are made or . ~h Club Dues, together with
interest. cosls and rusonable f.tto~ '~lIdl ~ the '~na1 obligation of the person
who was the Owner of such tfnit ~ 'm or lub Dues fell due. Subject
to provisions of this Dccl:eti i pcrsonaI obligation for
delinquent Assessments shall ~ . r.
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Section 3. Collcc:tion. . Dues due to the . be determined, assessed,
collected and payable in the ~'!; forth in the Clu& 'p Plan Documents. The lien
securing payment of the Club ~~attach.' be . . enforceable, have the same
priorities and be redeemable . . .. manner as is the lien 10 secure
Asse3smenls due to the Association as "if" eding Article XI.
Section 4. Club Dues. Club Dues will be levied against Ownen of all Components
within Naples Bay Reson West Parcel, exccpl owners of the Commen:ial Component.
Section S. Club Facilities. The Club Facilities are privalely owned and operated by the r
Club Owner. The Club Owner has the exclusive righl to determine from time to time. in its sole I
discretion and without notice or approval of any change, how and by whom the Club Facilities
shall be used. By way of example, but not limitation, the Club Owner has the right to approve
usen and determine eligibility for use, 10 reserve use rights for future pun:hascrs of Property or
Units within Naples Bay Resort West Parcel, to modify the Club Membership Plan Documenls
(not however in a way WI materially or adversely alTects the value of a unil or imposes added
economic burdens on an Owner) 10 reserve memberships, 10 sell, lease or otherwise dispose of
lhe Club Facilities whatsoever and to any person whomsoever, 10 add. issue or modify any type,
category or class of membership, to conven the Club inlo a member-owned club, to make any
other changes in the lenns and coodilions of membership or in facilities available for use by
.24.
7 A"~
EXCERPT FROM
FDEP RULES
REGARDING
DOCKS IN AQUATIC
PRESERVES
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IS-ZO.OO3 Ddinitions.
When used in these rules. the following wurds shall h3~e (he Indicated meaning unless lIle l'olUex.f clearly
lnJicales olherwise:
(I) "Act" 1tJ('3ns me provIsIOns of S.x:llons 258.35 lhrough 2~8,~6. Ronda Statutes. the f-londa
Aquatic Preserve Act.
(2) "ACli...ity" means any project and such orher human action within (he preserve requiring Board
JppmvaJ for the use. saJe. lease or transfer of imeresl In so\'~relgnly lands or marerials. or which may
require a pennil from the Depanmenl of EnvironmenraJ PrOkclion.
13) "AesthtuC' values" mc:ans seeme charactensllCS or amenilJes of !.he preserve 10 lIS essentially natural
state or condition. and !.he m3Jnlenance lherrof.
(4) "Applicant". means any person m.wng application for a pemUl. license. conveyance of an Interest In
stale owned lands or any olber necessary fonn of gO\lc:nunemaJ approval in order to perfonn an activity
within the preserve.
(5) "AppllC3.lion" m~ans a Joinl application for an environmenlal resource permil1aulhonz31ion 10 use
<;tale-owned submerged lands/federal dredge and fiU permil or a joint application for weiland reSOUrce
alterauons (dredging or filling) In me waters of Aonda.
(6) "Aquacultwe" means the cultivation of ammal or plant life in an aqualic environment.
17) ..Artificial reef' means any artificial or man-made material acceplable to the Department that is
ploced on sovereign submerged land for me purpose of fish attraction. habital creation, enhancement. or
restoralion.
(8) "Authonzalioo" means the ~rmission granted by I.he Board for a person 10 construcl a facJliry or 10
(arry oUI an activily on sovereign submerged lands.
19) .. AvulsIOn" means me sudden or percepublc loss of or addition to land by r.he action of waleT or the
sudden or perceptible change in me bed of a lake or the course of a stream.
f 10) "BeneflciaJ biological functions" means inleraclions ~Iween tlora fauna and physlcaJ or chellllcal
aluibutes of Ule en\'uonmenl. which provide benetits mal accrue to the public ar large. including. but not
limited to: nutrient. peStiCide and heavy metal uptake: sediment r~tention; nUlrieDt conversion 10 biomass;
nulrient recycling and oxygenation.
( II) "Beneficial hydrological functions" means interactions between flora. fauna and phYSiCal
geological or geographical aUnbutes of lhe environment., which provi<k bent'filS thai accrue to the public at
large. including. bUI Il{){ limited to: retardallon of slOnn water flow; slOnn water retention: and water
swrage. and penodical release.
(12) "BIOlogICal values" means me preservallon and promOlion of indigenous life fonns and habilats
mcluding. bul nollimlled to: sponges. soft corals. hard corals. submerged grasses. mangroves. saltw31er
marshes. fresh water marshes. mud nats. marine. e'sluanne. and aquatiC reptiles. game and non-game fish
species. manne. estuanne. and aquallc mammals. mar1nt:. e~luanne. and aquatIC invt:rtebrates. birds and
shellfish.
( I J) "Board" means the Governor and Cabinet SlUing as the Board of Truslt"es of the Inft.-maJ
Improvement Trust Fund. The Department Jnd waler managemem dislnCIS >;erve as staff 10 the Board and
are Jdegaled aulhonly fo cMry uut functions of lhc Board as speCIfied In Rule 18-:~ 1.0051. Flonda
Adrrumsuauve Code.
1'4) .'Bulkhead" ffit"ans a vertical 'itructure 'it"paralmg land and W;:Jter areas pnmanl)' deSigned to resist
l':uth pressure.
115, '.ChanneJ" mt:3ns a Irench. !he oonom of wfll(.'h is nunnalJy cowre-d t'nurely by water. With fllt:
upper t'dges I)f Irs \Ides nonnally below Waler.
I 0 Tela! indu5U1 other revenue
f~u:JlltJ("s for an activit wh -'h roduces IOcome ou
Jl'cesso facll"t to other nt . cunune ~I or mdusln
dodm for: mannas reslauranlS hotels morels cu
rt"oalr. and ~aJe2,
income relaled dock ." s doclon
or an olher 5 wtuch St'T\e~ as an
o rail ns. JI shall IFk.:lude but nO( be limiled to
lat fishm shl '" or shl constructIOn
1.16) "SaluraJ characll"risrics" means topographic fealures i.:onfomling to the- usual or ordinary course of
nalUre.
U7) --Neg:atJ...~ l"nvlr'ORmenlaJ Impact"" means an unfavorable effecl or damage to the: natural reSOUfctS.
aeswtJcs. or SClentltlc value or an aquauc preserve.
(38) "011 and gas lTansponalion facilities" means lOOse Slruclures necessary for me ITklvemenl 01011
;}nd gas from the produL-,tion Sill" to (he consumer.
139) "Ordinary high walef hoe fOHWI.)" means lhe boundary berwf'en sovereign submerged lands and
the adJ3Cenl uplands along nonudal w3terbodi~.
(40) "Person" means any IndiVidual. corporafJon. partnersJlIp. firm. assocl3lion. Joinr '-'enture. ~Slale.
trust. business lIUSI. syndicale. fidUCiary. commission. COUDIY. muruclpaJity or political subdi...lslon of a
~(ale. any inlerslare body, the federaJ govenunem. or any subdivision I.hc-reof and all olher groups or
C"ombmaoons. whether public or pnvate.
141) "Pier" means a SlrUcture In. on. or over sovereignly lands. which is used by lhe public primarily
tor fishing or swnnming. A pier shall 00( mclude a dock..
(42) "Preempled area" means Ihe- area of sovereign submerged lands from which traditional public uses
h.ne been or would be excluded 10 any exleD( by an activity_ such as Ihe- area occupied by Ihe docks and
other suuctures; swimmmg areas sel apan. by buoys. ropes or similar struclures; lemporary or perTD.allt'nl
mooring areas; rhe area between the docks and shoreline; and the docking facllily's lurning basin used
predominandy by vessels mooring al a dock.. If the activity or facility is required 10 be DlO'\Ied warerward to
avoid dredging or dislurbing nearshore habllat. a portion of lhe nearshore area may be excluded from me
preentp(ed area if otherVr'1Se reasonably accessible to Lhe public.
1.43) "Preserve or Aqualic Preserve" means any and all of those areas which are excepuonal areas of
sovereignty lands and thr associaled waler body so designaled in Pan II of Chapler 158. Rorida SUllules.
Illcluding all sovereignly lands. title [0 which is vested in Ihe Board. and such other lands as the Board may
acqUIre or approve for inclusion by lhe legisJarure. These areas also include the water column over such
lands. which have been Sd aside to be maintained in an esseoliaJly namral or eXlsling condilion of
mdigeoous flora and fauna and their 5upportmg habllal and Ihe natural H.-ernc quaJities and amenilies
!hereof.
(44) "PriVale residentiaJ siWlIe-familv dock" lTII'.:UK 3 dock which is used for Dri\l31C'. recrealionalor
Ielsur ses for a sin I .fmil res e Colla e or o!he SI dwel in umt a _ wh~ i
desimed 10 moor no more "'an two boats nus also Includes docks. wi'" moori~. ~f no more "':, a lol>l of
four boalS. Jocal~d 00 DrODertvlines belWt7n two uoland slol!le-familv re~u:tt~s where- lhe d: is shared
for use by both. uDland.. siDJde-family resuxnces,
k (45) "Private residenliaJ multi-slip dock-' means a docking facilily which is used for pri\l3te recreational
IX leisure purposes for multi-unit rt'SldentiaJ dwelhngs wmch shall mclude but IS 00( limited 10
condominiums. 10wnhouses. subdi...isions and other such dwellings or reSidential areas and which is
designed to moor three or more boats. Yachr clubs assocJaled WIth residenuaJ developments. whose
ffie-mhershlps or ullhzallon of the dot:k.ing: facllily requires some real propeny mlereSI In the resldenlial area.,
"hall also he mcluded.
(46) "Public mleresl" means demonslr.ible environmental. SOCIal. and eConomIc benefits whICh would
at't'rue w!.he public at lar~e as a resuh of a proposed a(."Uon. and which would dearly exc~d all
dl'monslrable en\llron~ntal. 50(:131. and economic cnsls of the proposed aC(lOn, In JeremlJrung ltat:- public
mfl:re~tlD a request for use. ~ale. lease. or transfer of IOterf'SI '" so\lereigOly lands or se".t:rance of matenals
from 'io"ert'lgnty lands. the Board shall consider (he UllJmal~ project and purpose 10 be 5ef\led by !>31d use.
\ale. it'a!>t". or transfer of lands ur malerials.
(-PI npuhlic land" me-ans any land 10 which .1 public emir) has a (JIJe 'nlt"rf'sl.
l-t8 J "Pubhc na\llgallon project" ~ans a proJt"CI pnmanly tor the purpose of navigation whlto-'h I~
,lUthonLt'd and funded b) the Umted Srales Congress or hy pon 3urhontlt"s as defined by SC'C"lJon 31.c:..021 ~).
Ronda Stalutes
1-1"') "Publit.: lIet:essuy" ~ans lht works or ImprovemenB reqUired fLlr the proreulOn ot the- ht'alth;.rod
,
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vt:'ssellnto or OUI of a f3f.'lIi,y.
\ 70) "Uplands" means lhose lands abo\'t:' the mean high Water line or onJlOary high waler 1111('
f 71) "Ulilny of (he preserve" means fitness of t~ prr"iioene for rhe pre~n' and fulure enjoyment of us
biological. acslheuc and scienulic values. In an eSS(.'n1ially nalura] coudlllon.
(72) "Water Jependem acll""UY" means an acllviry whil'h can only ~ conducled on. m. over, or
JdJ3l:cm to. water areas ~C3USc!' the acUVI(Y requm:s direct access to the waler hody or sovereignlY lands for
Lransportahon. recre3llon. energy productloo or Iransrnisslon. or source of waler and where the U~ of ~
wafer or sovereignly lands is an '"tegral pan of the acUVlly.
17~) "Woller Management Dislncls" means the waler management dlstnCIS dt's<<.:nbed in Chapler 373.
Florida Stalules.
S~ufic Authonty 25R.4.f( I' FS LA..../mplt'fnnut'd ~51L17. ~58.4_'( J) FS HISIOr):-N('M' 2-~'i.XI. .1m~lIdt'J H.7.85.
Forma-Iv 160-2003. IbQ.20003. .im~nJl'd 4-~7-94. 9.29.f/7
7A' ..,
111--20.004 Manall~ment Polk;.., Standards and Crit~ria.
The fOlluwlng management policies. standards and crilena are ~upplemenlaJ to Chapler 18-~ I. F-lurida
Admmisrr:lll\'t Code iSoverelgmy Submerged Lands Managemenll and shall be used In d~lenrumng:
whether 10 appruve. appro\'e wllh n>ndlUons or mochficalions. l)f deny all requests for JCtJVltlt'S lln
soverelgmylands in aquauc preserves.
(I) GENERAL PROPRIETARY
fa) In detennirung whether to approve or tleoy any req~s( iJy B03ld will evaluate each on a case-by-
I.:ase hasls and weigh any factors rdevaOl untler Chapler 253 .:mdlor 258. Ronda Stalufcs. The Board. acling
as TruslttS for aU state-()wned lands. reserves the nght to approve. modify or reject any proposal.
(b) There shall be no furtM-r sale. lease or transfer of sovereignlY lands except when ~Ut;h sale. It.'ase or
transfer IS in the public mteresr (see sub5e\:rion 18-20.(X)4(2). Aonda Adnunlstr:uive Cod~ Public Interest
Assessmem Cnteria).
Ic) 1llcre shall be no constrUClJon of seawaJls waterward of the mean or ordinary high waler line. or
filling walerward of the mean or ordinary high water line. except in me case of pubhc road and bridge
projects where 00 reasonable alternative exists and except as provided in Section 258.42(3)(e)4.. Aorida
SlalUtes.
(d) There shaJl. in no case. be any dredging waterward of me mean or ordinary high waler line for (he
so~ or primary purpose of proVIding fill for any area landward of the mean or ordinary high waler line.
fe) A lease. easement or consent of use may be aulhorized only for the following activities:
I. A public navigation project;
2. Maintenance of an eXJsting navigational channel;
3. Installation or maimenance of approved navlgauonaJ aids;
4. Creahon or mainlenance of a commerclal/industriaJ dock. pier or a marina;
5. Creahon or maintenance of private docking facilities for reasonable mgress and egress of riparian
owners;
6. Minimum dredging for navigarion channels anendam (0 docking faCIlities;
7. Creation or maiDlenance of a shore protection strUcture. except thaI restoration of a seawall or riprap
at its previous location. upJand of its previous location. or wilhin one foot walerward of its previous location
is hereby exempted from any requirement to make application for consent of use:
8. Installation or mamtenance of oil and gas transponalion facllnies;
9_ Creauon. maintenance. replacement or expansion of faciliues required for the proVision of public
uulilies; and
10. Other activities which are a public necessity or which are necessary 10 enhance rhe quality or utility
of the preserve and which are consistent With the act and this chapter.
I f) For aclivities listed in paragraphs 18.20.004( 1 )(e,I..IO.. Aonda Administrative Code above. the
activily shall be designed so thar 1M structure or Structures to be builtin. on or over sovereignty lands are
limiled 10 structures necessary to COnducl water dependent activules.
19) For actiVities lislt:d in subpara~raphs 18-20.004f I)(e '7..8.. 9. and 10.. Rorida ..&.dmlnistrarivc Code
atxwe. It must be demonstrated that no other reasonable altemalive e.us(s whlC...h would allow [he proposed
;u:uvuy (0 be consfAA.ted or undertaken outSide the preserve.
I h, The use of slate--owned lands for the purpose of providing pnvatt;" or public road Jcc."ess to lfoi'aoos
where such aCl'ess did not preViously ~,m.1 shall be protublled. The use of slate-owned Jands for the purpose
of proViding pnvale or puhlic waler supply 10 Islands where such water supply did ont prt"\'lously eXist .;;haJl
he proo.biaed.
II' Exeepr for public: navigation proJecls and mainlenance dredgmg for ~Xlsl'ng channels and bas.ns.
<.Iny are-as dredged 10 Improve or create na\i'gatlOoaJ access 'ihall he IflCorpc.lrated into the preempted Mea of
:tny reqUired lease or he subJt"cr 10 the." paymeOl of a negotlJteJ pn\ialt' e3s.ement fee
All nvalt' resldenuaJ rnulu-sli dol.:lun facllHJ sand commer 'taJ mduslnal and llmer rnenue
i:!eneraun2/mcome related dock.1DP' facilities rt:"QUlfe a Jcoase from thl: Board in accordance with the
<1[lplicJIlOn ofOt.'edures and fl~c."S of Chavler IS':! t Ronda Admimstrauve ewe.
7A
DEP 18-20 tXl](8.
FLORIDA AQUATIC PRESERVES
7/2001
(8) UAuthorlfatlon.' m~ans the pemuss,on granted by Ihe Board for a p~rson to conSlruct
a facility or to car" out an acln Ity on SOl er~lgn submerged lands
(9) uA, ulslOn" means the sudden or perceptible loss of or addillOn to land by lhe actIOn
of II ater or the sudden or percepbble change In the bed of a lake or the course of a stream
(10) uBeneficlal BlOlog,caJ FunctIOns" means interactIons between flora. fauna and physical
or chemIcal attributes of the en'lronment, IIh,ch pronde benefits that accrue to the publIc
at large. Includmg, but not limited to: nutnent, pesticide and heavy metal uplake: sediment
retenlion; nutnent comemon to bIOmass; nulnent recycling and oxygenanon
(11) "BenefiCIal Hydrological FunctIOns" means 'nteractlOns between flora., fauna and
phySical geologIcal or geograplucal attnbules of lhe environment. whIch provide benefits
that accrue to the public at large, Including, but not lImited 10 retardatJon of storm IIater
flow; storm water retenbon; and water storage, and periodical release.
(12) "BiologIcal Values" means the presenation and promotion of mdigenous lIfe forms
and habitats includmg, but not limited to: sponges. soft corals. hard corals, submelged
grasses. mangroves. saltwater marshes, fresh".ater mlUShes. mud flats, marine, estuarine,
and aquabc repbles. game and nongame fish species, manne, estuarine, and aquabc mam-
mals. marine. estuarine, and aquabc invertebrates, birds and shellfish.
(IJ) "Board'" means the Governor and Cabinet sitting as the Board of Trustees of the
Internal Improvement Trust Fund. The Department and water management districts sel"..e
as staff to the Board and are delegated authonty to carry out functions of the Board
as specIfied '" Rule 18-21.()()51.
(14) "Bulkhead" means a vertical structure separating land and water areas pnmarily de-
Signed to resist earth pressure.
(15) "Channel" means a trench. the bottom of which IS normally covered entirely by
water. With the upper edges of its sides normally below water.
16 '"Commercial btdustnal and Other Revenue--Generatin ncome-Related Docks"
means dockin acl I b IS or an aen VI W I r uces ,"come 0 ren or
oDeratlOns it sh~1 include but not be limited to d~ii';-~-f~;'~,;~u';;'~:':~~'lio:d~
I c rei fishin shl in boat Dr slu coos!ruCtio re air and sales.
(17) '"Depanment" means the State of F10nda Department of Environmental Protection
or any of Its predecessor agencIes.
(18) .'Dmsroo" means the Di\lslOn of Marine Resources and Its Bureau of Coastal and
AquatiC Managed Areas
(191 "Dock" means a fixed or floatmg structure. Including moonngs. used for the purpose
of berthing buoyanl \ essels ellher lemporanly or indefinitely
(20) "Dredging" means mechanIcal or other methods used to remove smerelgn submerged
land.
Cop, right 200 I REG files. inC. TaJlahassee. FlOrida
,
7A
.' l_lI4lI
DEP 18-20 003(4-t)
FLORIDA AQUATIC PRESERVES
712001
(44 .'Pmate Resldenual SIR le-Fanulv Dod:" means a d k \\hich IS used for mate
recreation or etsure ur ses or a SIR e ami \. res, ence con e or 0 er such SIR Ie
IR an tw ats. s so IRC es
ks. \\ IIh moonn of no more than a 10tal of four boats. located on property lines
tween two u an SIR e- arm . res, ences w re e OC IS S or use \. Ih
u an . SIO e- ami res. ences.
(4!1) "Printe ResIdential Multi-Slip Doc"" means a docking facility whIch is used for
pm ate recreational or leIsure purposes for multi-ldlit resIdential dwellings wnich shall
include but is not Iinuted to condonuniums, townhouses, subdiviSIons and other such d\\ellings
or resldelltial areas and wnich is designed to moor three or more boaIs. Yacht clubs :tSSOtlated
\\irh residelltial de\lelOPlTll:l1ts, whose memberslups or utilization of the docking facility
requires some real property IRterest in the residential area, shall also be included.
(46) "Public Interest" means demonstrable eIIvironmental, social. and economic benefits
which would accrue to the public at large as a result of a proposed action, and which
would eleally exceed all demonstrable environmelltal, social, and economic costs of the
proposed action. In determining the public interest in a request for use, sale, lease, or
transfer of interest in sovereignty lands or severance of materials from sovereignty lands,
the Board shall conSider the ultimate project and purpose to be served by said use, sale,
lease. or transfer of lands or matenals.
(47) "Public Land" means any land in which a public entity has a tItle interest.
(48) "Public Navigation Project" means a project primanly for the purpose of navigation
which is authonzed and flDlded by the United States Congress or by port authorities
as defined by Section 315.02(2), !'S.
(49) "Public Necessity" means the works or improvements required for the protection
of the health and safety of the public. consistent with the Act and these rules, for which
no other reasonable alternative exists
(SO) "Public UtIlities" means those services, provided by persons regulated by the Public
Sefliice Commission. or which are pro\'ided by rural cooperati,.es, municipalities, or other
governmental agencies, meluding electrici!}', telephone, public water and wastewater ser-
>Ices, and structures necessary for the provision of these services.
(51) "QuaJlly of the Preserve" means the degree of the biological. aesthetic and scielltitic
values of the preseflie necessary for present and future enjoyment of it in an essentially
natural condItion.
(52) "RepaIr" means acll\lt'es undenaken to maIntaIn existing structures m a safely useable
and functional condlllon w,thout mod'f}mg the dImenSIons or fOOlpnnt of the ongmal
struclure
(53) '"Resource Managemellt Agreement'" means a contractual agreement between the Board
and one or more parties whICh does not create an mterest in real property but merely
authorIZes the party to conduct certaIn managemem acti\1tles on lands held by the Board.
(54) nResource Prolectlon Area (RPA) 1"' - Areas ",thin the aquatic preseflies \\hich
ha\e resources of the h'ghest qualIty and condlllOn for that area. These resources may
COPYright 200/ REGfiles, me . Tallahassee. Flonda
R
7 A k".
DEP 18-20004(1)(i)
FLORIDA AQUATIC PRESERVES
7:200 J
mcorporat"d 1010 lh" pr"empted ar"a of an~ r"quored lease or be subJ<'Ct 10 Ihe pa'menl
uf a negotiated pri\ale "asemenl fee.
Ii) All mate resld"ntlal multi-sll dockm facilities and commercial. mdustnal and
olher re\'enUe- eneratin income-re at doc . n acl Illes r wee a ease rom e
Boar In accor ance 'VI I e aDD .catlOn procedures an lees of Chapler 18 21. Flon
Adnumslrab'e Code.
(k) Aquacullure and beach renounshment actl"lies which comply \\lth the standards
of Ih,s rule chapter and Chapter I S--21. Flonda AdnuruslralJ,e Code, may be appro' ed
b, Ihe Board. but only subsequenlto a formal finding of compallblllty With the purposes
of Chapler 258, Florida Statutes. and this rule chapter
(I) Other ust!S of the preserve. or human actl\ity wlthm the preserve, although nol
onginally contemplated, may be approved by the Board, bUI only subsequent to a
formal finding of compabblllty w.th the purposes of Chapler 258, Florida Statutes.
and Ihis rule chapter.
(2) PUBLIC INTEREST ASSESSMENT CRlTERIA
In evaluating requests for the sale. lease or transfer of interest, a balancing test Will be
utIlized to detennine whether the SOCial, economic and/or em.roomental benefits clearly
"xeeed the costs.
(a) GENERAL BENEFIT/COST CRITERlA:
I. any benefits that are balanced agamst the costs of a particular project shall
be related to the affected aquatiC preserve;
2. in evaluatlDg the benefits and costs of each request, specific conSideration and
welghl shall be gn'en to the quality and nature of the specific aquallc preserve.
Projects ID the less developed, more pnsbne aquatic preserves such as Apalachlcola
Bay shall be subject to a h'gher standard than the more developed preserves; and,
J. for projects ID aquatic preserves With adopted management plans. conSIstency
With the management plan w"l be Wetghed heaVily when detennining whether
the project IS m Ihe public .nterest
(b) BENEfIT CATEGORlES
I. public access (public boat ramps. boat slips. ele):
2. pro\ld" boating and manna sen .ees (repatr. pumpout. "tc l.
J. .mpro,e and enhance publ.c heallh. saleh. welfare. and law enforeemenl.
4. ImprOl ed public land managem"nt.
5. Impro'e and enhance public na\lgallon.
Cop, rlghl ZOO I REGfiles. mc . Tallahassee. FlOrida
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The Collier County Board of Commissioners
We the undersigned, feel that rezoning any property on Keewaydin Island into a commercial
designation would be detrimental to the long term health and well being of the island's
eco-system.
Please, vote "NO" to any zoning changes on the Keewaydin Island.
Thank you for your time considering this issue.
Name From Comments
1. Rachel Anderson Naples, FL
2. Muriel R. Ft. Myers, FL
3. Darin Sellers Naples, FL
4, Paige Rans Weeki Wachee, FL Please, vote" NO"
5. Tina Sellers Naples, FL to any zoning changes
6. Mark Cardillo weehawken, NJ on Keewaydin Island.
7. Talley Cook Naples, FL
8. Nancy Mooney Naples, FL I oppose the petition for a conditional use permit to build a
commercial beach pavilion on Keewaydin Island because it
will destroy the environment of Keewaydin Island based on
the negative impacts of the project and the precedent it
would set for future commercialization and development on
the island.
Construction of this proposed beach club would result in
far more intensive use of the island than currently allowed,
and would sef a dangerous precedent
allowing other developers to build private beach clubs on
the fragile barrier island.
Since a scaled back plan has already been unanimously
rejected by the Planning Commission and the
Environmental Advisory Council I believe the Board of
County Commissioners should vote no also.
Please vote NO on the petition for a conditional use permit
to build a commercial beach pavilion on Keewaydin Island,
Keewaydin Island is an irreplaceable national treasure.
Please protect Keewaydin Island. Please Vote No,
9. Michele Rowley Fort Myers, FL
10. Lisa Larson Hollywood, FL
11. Megan Miller Naples, FL
12. Mike Robinson Miami, FL We have been coming to the Marco Island/Naples area for
years now as a weekend getaway from Miami. We
especially enjoy Keewaydin Island with our boat. It would
(continues on next page)
Page 1 - Signatures 1 - 12
Name From Comments ; 7Artll
12. Mike Robinson Miami, FL (continued from previous page)
be a travesty to allow this precious gem to be destroyed by
greedy land developers for their own benefit. it should stay
as it is!
13. Amy Ryan BRandon. FL
14. Brooke W naples, FL
15. Pedro M. Arevalo Naples, FL
16. Brandon Landers Naples, FL
17. Laina Parker Bonita Springs, FL
18. Hayley O'Mara estero, FL
19. arianna deane naples, FL
20. Morgan Faerber Naples, FL
21. Candy Shea Naples, FL
22 victor franco naples, FL LEAVE KEEWAYDIN ALONE!
23. Brie Wilczewski Jacksonville, FL
24. Travis Gardella Bonita Springs, FL
25. Julia Szilagyi Naples, FL Keewaydin is the only place we have left that hasn't been
harmed by commercial development. Please keep nature
safe and leave it how it is!
26, Alexander Brao naples, FL Keewaydin Island has brought weekend joy to generations
of Naples residents. building on it will ruin it forever,
damage the eco-system and hurt the influx of visitors who
go to keewaydin,
27. Alexis Naples, FL
Bogobowicz
28, Shiloh Williams Midvale, UT
29, Shiloh Williams Midvale, UT
30, Yvette Kiss Lake City. FL Keewaydin has been used for generations as a family get
together. Nature needs to be preserved!!!!
31. Debby Vandivier Naples. FL Just Say No 
to commercial development on
Keewaydin
32. Brillianna Naples, FL
D'Angelo
33. Jessica Judd Naples, FL Save Keewaydin! Jessica Judd
34. Timothy Kiss Lake City, FL
35. Charlotte naples, FL
mcmullan
36. Yanelle Vina Orlando, FL This says it all;
"The island is a boaters and nature lovers paradise that is
accessible to anyone with the will to get there. It is home to
people who have chosen to live lightly on the land and who
(continues on next page)
Page 2 - Signatures 12 - 36
7A
Name From Comments
36. Yanelle Vina Orlando, FL (continued from previous page)
are environmentally conscious of their surroundings. It is
also state owned nature preserve, which is home to many
threatened and endangered species which would suffer
with the more people intensive use that commercial
development would bring."
37. Renee Rallo Brooklyn, NY
38. Soraya Cole Saint Cloud, FL Do not destroy this pristine island, it is all Naples has left
that is free. It is the only island you can park your boat on
and not have to swim 100 yard to shore. Do not ruin this
island for those of us who have loved it all of our lives and
who are teaching our children to love and respect it. STOP
BUILDING UP NAPLES. YOU HAVE RUINED THE CITY,
KEEP YOUR HANDS OFF THE ISLAND!
39. Guy Clarke Marco Island, FL Just Say No 
to commercial development on
Keewaydin
40. Laura Hauze Naples, FL
41. Melissa Durity Naples, FL
42. Adriana Naples, FL
Samaniego
43, Erin Thoresen Tallahassee, FL
44, Hollie Morton naples, FL I have been going to keewaydin since i was a little kid. I
used to pretend that I was on a deserted island and I had
to live off the land. If a large resort was built there it would
lose that feeling and i want my children to enjoy it as much
as I did.
45, Hailee Collins Seattle, WA My great grandparents, Lester and Dellora Norris used to
own this island and many generations of my family,
including my own, have cherished memories of this island.
It wold be like a death in the family to allow commercial
construction to such a beautiful, special and rare place.
46, Justin Schoessel North Palm Beach,
FL
47. Rob Reynolds Naples, FL For 19+ years my friends and family have traveled to
Keewaydin as a haven. There is no nicer place on earth to
get away with your boat and have fun. Thousands of
people every year bring their firends and families to this
island to enjor its sactuary and beauty. To even suggest
commercial developement and takeover is outrageous. I
personally travel there every week with friends to
wakeboard, waterski, and sometimes camp. To lose this
area would be displacing hundreds of youths that go there
to live thier lives.
48. Scott Sundvor Naples, FL
49. Jody French Naples, FL
Page 3 Signatures 36 - 49
'7A
65.
Name
Tracy Neptune
From
Naples, FL
Comments
Leave Keewaydin alone I Commercial developement has
screwed up plenty ot land in Collier County!
Keewaydin Island has been in the hearts and lives of many
and is one the last places we as a whole can come
together to have fun and enjoy each other's company.
Please don't take away the place that many ot us learned
how to swim, fish, and have a good time. Why would
anyone take that away from so many just to make a quick
buck?
66.
Cody Shadley
Naples, FL
67. Holly Boot Kissimee, FM Leave Keywaddin just the way it is!! We grew up there!!
68, Alex MacDonell Naples, FL
69, Julia Fritsch naples, FL
70. Sarah Brandhorst NAPLES, FL SAVE KEEWAYDIN!
71. Amanda Masino Naples, FL
72. Adam Swope Fort Myers, FL I live in Fort Myers but Ive gone to Keewaydin many times
with friends. I have to say that island truly makes Marco my
favorite place to visit.
73, Brett Curro Naples, FL
74. Greg Byrer Canton,OH Although we don't live in Naples anymore-Keeywaydin still
holds alot of memories. Please do not develop any part of
the island. I would like to show my children someday the
place where we used to fish and relax. PLEASE leave it
unspoiled.
75. Andrew Cabrera Marco Island, FL
76. Josh O'Connor Naples, FL
77. Alexis Revel naples, FL Keep Keewaydin clean, public, and non-commercialized.
78. Dara Fagan JAX, FL
79. Kimberly valencia, CA My family has enjoyed the island for over 40 years. Being
Stephenson born and raised in Naples, Keewaydin has being a jewel in
a sea of marketing and commercialism. Surely keeping the
west coast habitat unadulterated from commercial
develpement is what defines the area as a premier place to
visit and enjoy for tourists around the world. If they want
concrete, the east coast can accomadate that need.
80. Matthew Leonard Naples, FL
81. Cassandra Weeks Naples, FL
82. William Alzamora Naples, FL
83. RaeLynn Nargi Durango, CO I grew up in Naples, enjoying Keewaydin Island, don't
allow developers to change it's beauty!
84. Ric Rappold Asheville, NC
85. Steven Anderson Naples, FL
86. Steven Martarano naples, FL
Page 6 - Signatures 65 - 86
87.
8B.
Name
Eliot Schlossberg
Kinsley
McEachern
89.
90.
audrey trubiano
Alyssa Emens
91,
Craig Foxhoven
92.
Lauren Duarte
93.
94.
95.
Judy Baker
Shaina Muth
Max Schnorbach
96.
John Finch
97.
Mitch Villani
98.
BLANCA
SANCHEZ
Andrew Glazier
99.
From
Naples, FL
Naples, FL
naples, FL
Naples, FL
Naples, FL
Fort Collins, CO
Montclair, NJ
naples, FL
Naples, FL
Oviedo, FL
Naples, FL
Madrid, Spain
Exeter, CA
~ 7A It.'~
Comments
Keewaydin is such a special island that countless ot
people have enjoyed for so long. The pristine island has
been a tavorite place to go to enjoy the natural
environment and beauty of the Gulf of Mexico. It would be
a horrible thing to have commercial development overtake
yet another cherished natural landscape in Southwest
Florida, since sadly so much of our beautiful environment
has already been ruined.
I have been going to Keewaydin Island ever since I can
remember. It's where I first learned to drive a boat and saw
my first pod of dolphins. I couldn't imagine never being
able to float down the current with my family ever again. Its
something I would love to share with my children someday.
Please don't allow the rezoning of Keewaydin because it
will be a step in the door for privatizing the island.
I was born in Collier County and lived on Marco Island for
19 years. I started going to Keewaydin when I was a child.
I met my husband there (on the island) when I was 17 and
when I am home to visit my family we still go there,
I would hate to see the beautiful island of Keewayden go
into the wrong hands, and become partially developed.
Like many others I have been coming to this island since i
was a toddler. Also the fact that it is home to a wide variety
of wildlife and part of the prestine reserve of Rookery Bay!
I believe Keewaydin should not have any commercial
zoned property on it. I oppose the Naples Bay Resort
Beach Club based on the negative impacts of the project
and the precedent it would set for future commercialization.
Please protect Keewaydin Island.
I was born and raised in Naples, and one thing i looked
forward to on the weekends was going to Keewaydin
Island with my family. As i have gotten older i have learned
that is the same way many people have felt growing up
here. It is now one of the few unspoiled places we can go,
lets keep it that way.
I grew up in Naples. I have seen, since 1970 so many
changes, the town has basically lost it's wild soul. There is
so little left, the rich have had their way for so long, it is
insane to change this place anymore. There is nothing left
(continues on next page)
Page 7 - Signatures 87 - 99
99.
Name
Andrew Glazier
From
Exeter, CA
Comments
7A-'1
(continued from previous page)
for the kids. Keewayden simply must be saves. Enough
already.
Andrew Glazier
100. NICHOLAS naples, FL
JOHNSON
101. Whitney Wheeler Naples, FL
102. Jessica Walling Naples, FL
103. Frederick Wingate Naples, FL I was born in collier county and never left for 19 years.
Now that I am at UCF, I start hearing about what is going
on with Keewaydin. One of the main reason i come back
from college is to go to the island. This impact doesnt only
impact the older people, it impacts the young too. This
place is home to so many people it would be a shame to
change it.
104, Joe Hidy Beavercreek, OH
105. Michael .w Klein virginia beach, V A
106, Nikki Fulkroad Naples, FL
107. Bryce Keller naples, FL
108. Chad Morris Naples, FL
109. Jennifer Fox Naples, FL I was born and raised in Naples,FI. I have grown up
boating and fishing on this Island for over 25 years. Please
keep this island our one and only local paradise.
Commercial development will just bring damage and caios
to the island. Please hear your local residents and do not
allow any more development.
110. Dawn Ciciora Naples, FL
111, Jason Sellers naples, FL
112. Aimee Reilert Margate, NJ
113, Andrea Kaplan Fort Myers, FL Come on!! This little island is perfect as it is!! It doesn't
need anything commercial!!!! LET IT BE!!!!!!
114. Kristin Dejesus Estero, FL
115. calvin nilles tampa, FL
116. Rich Massa Estero. FL I hope this petition gets through to the board...come on
people bring more signatures inl
117. abigail pitts naples, FL
118. CHARLES NAPLES, FL DO NOT ALLOW A PRIVATE ENTITY COMMERCIALIZE
BENDER A 'PUBLIC' RECREATION AREA THAT SHOULD BE
PROTECTED AND KEPT NATURAL.
119. Brandon marco island, FL
Straubhaar
120, mark pitts naples, FL
Page 8 - Signatures 99 - 120
Name From
121. Charlene Naples, FL
Westman
122. Kristopher Barton Naples, FL
123. Amy Barton Naples, FL
124. Kerry Weber Naples, FL
125. Graham Naples, FL
Wilczewski
126. Leslie Abbott Naples, FL
127. Erika Gonzalez Naples, FL
128. Kathy Turley Naples, FL
129. Mike Richardson Naples, FL
130, noele levin naples, FL
131. john scott naples, FL
Comments
7A11
Key Waden need's to be saved! Preserve one of the last
natural beaches in Naples by stopping construction.
132. Andrea McGuire
133, Kelly Farris
134, Kaleigh Grover
Naples, FL
Naples, FL
Naples, FL
Keewaydin Island is the last fun free place for our
community to congregate and spend time together in this
gated, privatized, no trespassing, members only town.
Leave Keewaydin ALONE!!!
Please just leave this last bit of pristine land for our future.
There is nothing left of Naples that even slightly resembles
the land that once was.
135. Michael Milner Naples, FL
136. Stuart White Altamonte Springs, Growing up in Naples, Keewaydin Island has been a place
FL that allows Neapolitans to go to a place that can allow
them to remember what Naples was like before the
extreme growth. Although the construction boom was nice
to get a face lift on the city as well as getting the new
stores that keeps the locals from traveling to Ft. Myers or
Miami to support their local economies, Naples has
changed from the small fishing town to commercialized
beast that it is now. Keewaydin is the last piece of
uncommercialized land still in Naples and I would like to
see it stay this way so that I can eventually bring my
children back there to show them how beautiful of a place
Naples was when I grew up there.
137. John R Smith Hoover, AL
138. Kyle Olson Naples, FL
139. JOSEPH FITZEK naples, FL
140. James McDonnell ASheville" NC I have been going to the island since I was a child and I
would love to continue that with my children, It would be
ashame.
141. denise corbin bon ita springs, FL
142. Joel Brinkman Chicago, IL
Page 9 - Signatures 121 - 142
Name
143. Claire Devisse
From
Naples, FL
144, Angela Meyers St. Pete Beach, FL
145. Chad Smith Naples, FL
146. Kathy Naples, FL
Holland-Jardone
147. Taylor Larouche West Middlesex, PA
148. GAIL JAHN NAPLES, FL
149. LINDA CALLIS naples, FL
150. Brent Camp Naples, FL
151. Josie Presar Naples, FL
152. Christine Stalters Amityville, NY
153. Michele Flocco Naples, FL
154. John Pike III Marco Island, FL
155. Freddy Maysonet naples, FL
156. elizabeth neddo marco island, FL
157. Daryl Kilpatrick Naples, FL
158. Will Maksuta New Paltz, NY
159. Aaron Hubbell naples, FL
160. katy esquivel naples, FL
161. Daniel Cundiff Naples, FL
162. Pedro Blanco Naples, FL
163. Mary Stoffels
164. Sasha Snyder
165. Guyayne
Charkalis
Waunakee, WI
Naples, FL
Naples, FL
166. Marc Miller
naples, FL
, 7 A '.
Comments
Key Waden is a place for families and friends to enjoy
boating and the beaches of Naples. I feel there has
already been to much development in this town and ruining
more of the environment is only goin to make Naples more
like a city. Please leave some of the natural environments
in Naples alone so we can all enjoy it.
Please don't allow commercial development of what little is
left of our beautiful already over developed environment.
I'm an ex,local who is now a snowbird that visits Naples,
and I agree that Keywaydin must be saved. It would be a
disgrace for it to be commercialized!
Keewaydin Island needs to stay as natural as possible
without any commercial development what so ever.
I used to go to keewaydin with my grandfather. I would like
to go their with my grandkids someday.
With the economy in the state that it is in. We should be
worried about the amount of home and property that are
already developed. Not destroying more natural resources.
This does not make sense. Keewaydin is pristine and
natural. These developers will destroy it. Like they have
with most of Collier county. Please say no to this idea.
Leave this island alone. No commercial developement is
needed here. There is too much already on the
mainland-leave it alone!!!!
Page 10 - Signatures 143 - 166
Name From Comments ~17 A '~f1
167. Rachel Cox Tallahassee, FL I have lived in Naples for the past 15 years and have seen
the city be taken from being a quaint "old Florida" town to a
city of high rises. I can't stand to watch another part of the
community be destroyed for the benefit of more and more
outsiders that decide to move to the Naples area. It is
absolutely disgusting to see what we have done to the
landscape and it needs to end right now before all the
allure of what we once had is destroyed without the hope
of ever restoring it.
168, Austin Bleiweiss Naples, FL Keewaydin is the last beautiful barrier island we have here
in Naples, We cant let them destory it with contruction and
development please save Keewaydin!!
169. Mandy Curtin Altamonte Springs,
FL
170. Karen Hubbell Napless, FL
171. Michele Goguen Naples, FL
172. Ashley Robertson Freeport, FL
173. Shannan Snyder Portage, MI
174, Peter Naples, FL So much of our immediate surrounding has been
Warrick-Marsh swallowed up by numerous developments, Keewaydin
island is a still a natural southern Florida ecological spot
that has every right to stay that way for years to come.
175. Christina Miller naples, FL
176. Mike Gilbert Estero, FL Save Keewaydin Island. Don't develop its the one beach
where I can go to get away from it all and have fun!
Camping would be ruined if they start to develop this
land..,they already took badluck..don't take our beaches
over!!!
177. Stephanie Colwich, KS I grew up in this area, and truly wish for it to stay in it's
McDowell natural state...
178. Bailey MacDonald Naples, FL
179. Kathy Jensen Naples, FL
180. Tara Hughes Naples, FL
181. Scotty Jensen Naples, FL
182. Laura Zoe Kerns naples, FL No DEVELOPMENT ever...Keep Keewaydin pristine and
accessible. Thank you.
183. Carrie Walters Naples, FL
184. Amy Schnorbach naples, FL
185. Mario Mota Oviedo, FL Please don't turn this beautiful native island into something
like Marco Island
186. Kirk Otto Naples, FL
187. Rose Long Naples, FL
188. Trisha Akers Naples, FL
Page 11 - Signatures t67 - 188
7A : l~
Name From Comments
189. Elizabeth Hill NAPLES, FL
190, Heidi von Korff Naples, FL
191. Melody Marsh Naples, FL Keewaydin has created fun memories for so many people,
myself included. It should and will remain this way so us
locals can continue to create lasting memories for
generations to come! Keep this island's natural, pristine
beauty as it was found for everyone to enjoy.
192. Seth Kaufman Plantation, FL
193. Sally Leach Naples, FL Keewaydin is close to the hearts of so many because of it's
natural beauty. It is a little slice of heaven and should NOT
be destroyed by lack 0' sensitivity, vision, and possible
greed. GOD only made a few places that are so majestic.
Please DONT let this one be destroyed.
194. Stacy Nourse Naples, FL
195. Adrianne Naples, FL
Tranchand
196. Dean Graves Bonita Springs, FL I'll support an effort to save a natural aspect of our world.
The better we care for our planet, the better our planet will
care for us. It's as simple as that.
197. Amy Bolen Naples, FL
198, Shireena Holland Naples, FL
199, Kelsey Condon Sweet Briar, VA Do we really need more commercial development? This is
ridiculous. This shouldn't even need to be discussed -
there is absolutely no reason that Keewaydin Island should
be developed. Destroying Keewaydin could cause severe
environmental impacts, besides the fact that our economy
probably wouldn't be able to handle it. This is completely
unnecessary and revolting.
200. Richard James Naples, FL
Tranchand
201. stacey Donovan Sebring, FL
202. Taylor Ashley Naples, FL
203. Liberty Gibson Naples, FL This cause is near and dear to my heart because I
volunteered with the "Sea Turtle girls", interns at the
Conservancy of Southwest Florida in tagging, information
gathering, and baby turtle rescue. As is already known,
any light near the beach area will confuse the baby turtles
after hatching and cause them to turn away from the gulf
and towards the light. Please do not allow commercial
building on the island, This is one of the last places that
isn't tainted by large hard to control light sources.
204. Leslie Logemann Naples, FL
205. Kristen Garner Naples, FL
Page 12 - Signalures 189 - 205
~7A Ij
, ,
Name From Comments
206. Desiree Hope Naples, FL There are plenty of other areas to develop, this is one that
truely needs to be preserved trom privatization. We all
enjoy boating to this location with our tamilies and work
hard to preserve it. Please don't take this special area
away from all of your Collier County citizens who love this
place,
207. Kristin Keller Naples, FL
208. Katie Dobson Naples, FL
209. Lisa Adams Naples, FL Do not allow this or you will be destroying one of this last
remaining reasons that people come to Florida... Nature!
210. Aaron Davidson naples, FL
211. Loriann Beall Naples, FL Please don't let private investors spoil our natural beauty.
We have already sold out on so many prestine areas in our
county, look at Marco Island, Don't let this happen on
Keeywadin.
212. cate baker naples, FL
213. James Reed Naples, FL
214, Cary Longchamps Naples, FL Most boat rental companies in Naples do not let you take
the boats out in the Gulf. There is no other place for boat
renters to go besides the bay, Take away the island and
that leaves pretty much nowhere to go, As a Naples
. resident I rent a boat 3-4 times a year to entertain family
and friends. If Keewaydin all of a sudden goes away, there
would be no point in me renting a boat in Naples. I would
just head up to Bonita where I know of 2 or 3 beaches I
could visit with my boat rental. It would be a real shame to
take that business away from downtown Naples and have
to go elsewhere. Plus is it really a good idea to keep
building on a barrier island? Lets keep the rest of that open
for tourists and wildlife. I think we've developed a fair share
of the land here in Collier already. Greed got this country
into the mess it is in now, lets learn from that lesson and
not let greed ruin our great city. Thanks for your time.
215. Brent Fox Naples, FL
216. Jonathan gainesville, FL
Reinertsen
217. bob thomas naples, FL
218. James Nesmith Naples, FL Not cool. Preserve the natural landscape. Development
would be a tragedy.
219. Michael Termini Gaithersburg, MD Actions like this are usually only able to take place
because of the public's planned ignorance of them. I am
thrilled I have been contacted about this petition and
disturbed that such an important decision is all set to slip in
under the radar of good men and women who are too busy
trying to get by to hear or do anything about this. Please,
(continues on next page)
Page 13 - Signatures 206 - 219
"7A ~1
Name From Comments
219. Michael Termini Gaithersburg, MD (continued from previous page)
send this petition around to everyone you know and help
speak truth to power.
Michael Termini, LL.M.
Washington DC
220. Kevin Beeman Riverview, FL
221. Kevin Cantwell Monroe, NY I love islands
222 Mona Johns Naples, FL There is already too much building here in Naples and so
much vacant. This is an arrogance that should not be
allowed. Wake up and look around at the state of the
economy, Is this just the rich getter richer? Don't you have
a moral obligation to iet the working class have their one
last beautiful, unspoiled, undeveloped haven to visit. This
is not just about building but is also about the well being
and joy of the majority or the population, Get off our island I
You can visit just like the rest of it but you can't have it for
yourselfl
223. Philip Sandick Naples, FL Zoning the island for commercial usage would not have
been done initially, and it shouldn't be done now.
224. William Johnson naples, FL You cant rob the citizen of naples of are island. Its not
yours to give awayl
225. Stacey Galante Cape Coral, FL
226. Tim McDonnell Marco Island, FL Please save Keewaydinl The natural beauty there is an
excellent example of the hard work we have already done
to preserve our wildlife and beaches. Please let us
continue to have Keewaydin as an example of this effort.
227, Elizabeth Theiss Naples, FL
228. Dustin Nesmtih Marco Island, FL
229. Rosa Madrid Naples, FL
230. Erin Villani Naples, FL
231, David Argiro Naples, FL LEAVE IT ALONE I THE RICH PEOPLE ALREADY TOOK
OVER 99% OF THE NAPLES BEACHES I WHAT DO
WANT TO DO RUN ALL OF BLUE COLLAR WORKING
CLASS OUT OF TOWN I WHO IS GOING TO DO THE
DIRTY WORK IF YOU DO THAT?
232. BethAnne Hoyt naples, FL
Langevin
233. Elizabeth Talton naples, FL
234. Mallory Majszak Naples, FL
235. Jeremy Goodman Naples, FL
236. Tiffany Reynolds Fort Myers, FL
237. Chris Capaci San Diego, CA laces out!
238. Suzanne Robbins Naples, FL Please do not allow the rezoning.
Page 14 Signatures 219 - 238
7 A !!111
Name From Comments
239. Benjamin Caballo Naples, FL Leave Keewaydin Island Alone (natural habitat) in Naples,
Florida!
240. Tracy Ciurzynski Marco Island, FL
241. Ed Carbary marco island, FL
242. Lori Young Naples, FL Keep our island free from development.
243. Karl Fry Naples, FL Keep it pristine and as natural as possible.
244. Jesse Dirocco NAPLES, FL Please dont allow this area to be developed. This is a very
enviromentally sensitive area that we have enjoyed for
many years.
245. Regina Naples, FL Isn't it time to take care of our enviroment instead of
Jakubauskas developing this area even more?
246. Herb Sandick Bonita Springs" FL Nature is our most precious asset. Let's coserve it.
247. Jerry taricska naples, FL
248. Ann Smith Naples, FL Save Keewaydin Island for the 7th Generation, Namaste!!!
Ann Smith
249. Tabatha Petersen Naples, FL
250. morgan hapney louisville, KY
251. Matthew Sarbello Naples, FL
252, Jennifer Williams Marco Island, FL
253. Callhan Garrett Naples, FL Naples is a beautiful city, but extremely developed and
commercialized which I like most of the time. But if you
commercialize Key Waden, you are taking away some of
the little bit of pristine, non-commercialized land that all
types of people, all ages, all incomes share. Taking this
away would be a selfish act only to benefit a few and harm
and bring extreme disappoint to many of the citizens that
put most of you in office. Don't build on the property so
many locals love. Marco Island is only a few more minutes
away and I am in now way opposed to building on that
island.
254, Fiona Spahr Naples, FL Key Wayden is one of the remaining relatively untouched
jewels of Naples. Do not ruin its wildlife, ecosystem, and
"historical" importance to the city by allowing unnecessary
development!
255, Liam walsh Nottingham, United
Kingdom
256. Larry Kosilla Fort Myers, FL Please save this island for all of us who love spending our
weekends with our friends and families on Keewaydin. This
is the little getaway for us -- the people who work and live
here all year roundl
257. Michael Connolly Fishers, IN
258. Lauren O'Mara Naples, FL
259. Katie Yeomans miramar, FL
Page 15 - Signatures 239 - 259
Name From
260. Jasson Ospina Naples, FL
261. Jennifer Mullin Montrose, CO
262. Ariel Fernandez Naples, FL
263. Robert Davis Naples, FL
264_
Rose Winters
Beverly Hills, FL
265.
Jeanne Naples, FL
Lowdermilk
William Gardner Orlando, FL
Peg Naples FL USA, FL
Goldberg-Longstreth
266.
267.
7 A.>:. t\1
Comments
PLEASE DO NOT DEVELOP KEEWAYDIN ISLAND!
Rezoning & opening up Keewaydin Island to commercial
use would not only be wrong it would be a crime!!!! I would
make it a point to vote against anyone who supports this in
next election!!
You belong to Earth! Earth does NOT belong to YOU!
Sincerely, Rose Winters
For more impact, add a personal comment here
We are the stewards of the land. Therefore, I have
watched with horror as the topic of "controlled
development" continues to rear its head. I beg you to NOT
allow ANY development on this pristine island. We have
already allowed more than enough visual/environmental
desecration of what were some of the most beautiful
beaches from Sarasota to Naples.
268. John Burgess Naples, FL
269, Jessica Trapasso Naples, FL
270_ Edward Hogan Naples, FL
271. Jennifer Fragale New York, NY
272. Jack Deaton Naples, FL
273. Joan Lowe naples, FL
274. Kenan Colson Osceola, IN
275. Susie Seelbach Bluff ton, SC ENOUGH!!!
276. Jeff Rogers Naples, FL Let us have at least one place where the locals can go
without a hotal blocking the view,..
277. Megan Sweetland Naples, FL
278. Jarod Lippert Mattawan, MI I was a resident in Naples for 2 years and Keewaydin was
one of the one places where "normal" people could enjoy
the Gulf Coast without imposing on someone else's private
property. Leave the commoners something I
279. Jodi Hendrickson St Louis Park, MN
280. Ron Haar Naples, FL
281. Mike Martinez Tallahassee, FL
282, Heather Johnson Naples, FL
283. patricia sandick naples, FL Keep Keewaydin pure and undeveloped.
284. Sean Dyer Naples, FL Save the island!
285, Tina Margherio Fort Myers, FL
Page 16 - Signatures 260 - 285
7A i t:i1
Name From Comments
286. Pamela Gerlach Naples, FL
287. Jim Mordaunt orlando, FL
288. Graham Naples, FL
Chapman
289. Barbara Allen Naples, FL
290. Melissa Patrick Naples, FL
291. john crimmel naples, FL As a local charter captain i always see endangered bird
and wild life on Keewaydin Island. Please save this pristine
enviornment for the animals that call it home and stop
commercial development.
292, Chris West naples, FL
293. Dewis Shallcross Naples, FL
294. Louis Jurgens Gambrills, MD I strongly object to ANY commercialization on Keewaydin
Island. There are precious few natural resources like this;
what remains must be preserved,.. for our grandchildren,
and for their grandchildren.
295. monty mcintosh Littleton, CO Please preserve this beautiful and biologically diverse
island for future generations. Please send a message that
smart and sustainable development (which ultimately
increases economic productivity) should be built within
existing infrasture, not through exploitation of prestine
ecos yste ms.
296. Michael Cordone naples, FL
297, Jennifer Francis Holly Springs, NC
298. Susan Marchese Naples, FL
299, Natalie Sarracino Naples, FL
300. Brandy Harris Wartburg, TN
301. Pavel Chernoch Naples, FL I want the island back
302. Heather Heiss Washington, DC I grew up going to Keewaydin, it is a beautiful and
untouched piece of land that should not be touched.
Please keep this as a place that generations can come to.
303. nichole ribera tampa, FL
304. Briana Lytton Naples, FL Keewaydin is beautiful just the way it is- it doesnt need to
be developed so that your clients can enjoy it. Its a beach!
People go there to get away from development! We all love
it just the way it is...the way that it should stay.
305. Masin Couture Naples, FL
306. Jennifer Hubbell Naples, FL
307. Juanita Max Naples, FL
308. Emily Lopez Naples, FL
309, kerri brown naples, FL
310. Juan Lopez Naples, FL
Page 17 - Signatures 286 - 310
7A ~.,
Name From Comments
311. Kelly Byrer Massillon, OH
312, Marie Barnett naples, FL making this project work is like trying to make a "Green"
SUV
It just doesn't add up.
too many people' no GUARANTEED
CONTROLS>>>>>
It is wrong from so many angles.....
313. jennifer connerley naples, FL I have visited Keewaydin Island since the early 1980's,
when ferry boats used to take us out there for shelling,
Now that I am older, and times have changed, my family
likes to take our boat out there from time to time. the island
remains unchanged in many ways, than it was 30 years
ago, Where the shelling is no longer as plentiful as it once
was, due to a time when there was no restrictions on live
shelling and the island was picked clean,there are still
many beautiful birds and plants left on the island. It is an
island that has always been sacred and one that should
remain sacred. Most Anyone who visits out there knows
that the majority of the people who visit today, respect the
island and pick up after themselves.Of course there are
always a few in the crowd who abuse it, and don't think
about the damage they cause when they toss their
garbage on it, but there are still a large number of us out
there who do our part in preserving it by picking up after
the ones who don't remember the days when you could go
out there and not find a single piece of garbage. There are
way too many people who respect that island and who
have grown to love it, as it is. That island used to be a vast
and plentiful island, with wildlife,plant life and marine life
plentiful. Something needs to be done to preserve the
island, and keep it safe from development. If development
is allowed on keewaydin, an island that was always
thought to be safe from development, where will
development stop? What other small islands out there will
also fall victim to development? Protecting the island now,
before it is too late is what is important. To protect one of
the few islands we have left to enjoy, while also preserving
it so that it continues to be a self-sustaining island full of
the rich plantlife,marinelife,and wildlife that it once had. if
they vote to re-zone Keewaydin, it will open too many
doors to further development, and the Keewaydin, as we
know it, will no longer exist.
314, Jeanne E. Gambrills, MD
Jurgens
315. Thomas A Gallie Naples, FL My Family has been here for over twenty years now and
we've had many wonderful holidays at Keewaydin Island.
We as Floridians have a responsibility to protect our
beautiful beaches.
316. Cara Rowe Naples, FL
Page 18 Signatures 311 - 316
Name From
317. Sean Carr Naples, FL
318, Stacy Westforth Naples, FL
319. Rani Richardson Naples, FL
320. vincent wade naples, FL
carcuffe
321. adrienne Rundorff aiken, SC
322. Andrea Suroiu Naples, FL
323. Barbara O'kane Alexandria, VA
324. Nilo Gonzalez Naples, FL
325. Jenfrit Silva naples, FL
326, Leigh Williamson estero, FL
327, Brittany Ayoub Naples, FL
328. Keegan Griffin Naples, FL
329. Cynthia Seymour Naples, FL
330. owen johnson naples, FL
331, Heather Kipnis Brooklyn, NY
332. michelle williams naples, FL
333. Allison Zachary Naples, FL
334, Patti Babka Palm BEach
Gardens, FL
335. Colleen Kelley New York, NY
336. Steve Stier Naples, FL
7 A t~
Comments
Protect and preserve this natural and historical space !!
As a homeowner in the Naples area, I feel we have
enough shopping and need to keep our natural land in its
pristine state.
Nature sustains us. Greed destroys us,
PROTECT NATURE - that which sustains us!
brews
I think there are enough commercial areas in SWFL. As
residents we need to keep at least one beautiful island
natural. SAVE KEEWAYDIN!
I have lived here, Naples,Florida, all my life. I am second
generation native to the area and Keewaydin is a place of
comfort and fun, Just because it gets crazy a few days a
year, one being Great Dock Canoe Race day, does not
give sight into why it should be closed to the public. Oh
excuse I forgot that WCI Communities and Jack
Antarainium would like to develope parts of the area for a
yacht club or something of the sort. I feel that would be
more detrimental to the local vegetation and animal that
live on the island. You would have a shuttle fairing people
out on a regular basis, one to four times a day probably
and bring with them lord knows what as far as plastics and
wrappers from food sources. As bad as the picture looked
from the air of Canoes Races 2008 that is the only day that
it is that bad. I personally bring out trash bags and trash
cans to help with the trash that day along with every time I
head to the island I still bring a can and clean up while I am
(continues on next page)
Page 19 - Signatures 317 - 336
Name
336. Steve Stier
337.
338,
B Broselle
Elizabeth Brown
From
Naples, FL
Bonita Springs, FL
Naples, FL
339,
DAN THORESEN TALLAHASSEE, FL
7 A ~:.I
Comments
(continued tram previous page)
out there, I have to report that there is not that much trash
to pick up and people I see out there are doing the same
thing.
I would have to think that if you were to close down the
island or sell a pass to the island you would see an
economical impact in the area. On week days I see more
than a dozen or so rental boats in the area and on the
island at any given time, Not to mention the visitors that
bring their own boats and use the island as part of their
family vacations, Do I think that the economical impact will
be seen in the short term, of course not, you'll have
Antarainium bringing customers to help with that. The long
term is where you have to look. I can see in the future
selling land to real estate buyers and they will be the ones
to ruin the land, I know there are people out there now with
their houses so it has already begun.
If you want to protect the enviroment and the animals on
the island, then set up trash cans along the beach, maybe
have dispensers of trash bags so that if someone forgets
they can have one right there and there will be no excuses.
I would say police the area but I have already noticed that
the police traffic has picked up out there. If you close that
place down we will just find another place to go and then
you will have to annex people from there and think of some
whole new reason for that event. I don't think giving
complete control to the Friends of Rookery Bay is the
answer. They will want to spend tax payers dollars on
studies that I could tell you the answer too. Perfect
example, there was a lady the other day wanting to do a
study on JEWFISH because she had heard they were
affected by the cold water, they're not. They are a hearty
fish and can survive a lot, and THEY HAVE!
Back to my point though, you see a problem, many people
see you looking for a reason to gain more land and press
more taxes and an excuse too take away fun. Everywhere
there is enviromental impact, the houses we live in the cars
we drive, the bottled water we drink, the pesticides that we
use on our farmlands. The point is you have to take the
good with the bad. Please look in your hearts and minds,
think about the memories you might have out there and
ask yourselves, SHOULD WE SHUT IT DOWN? I say no,
let people make more meories with their families!
Please do not change the zoning on Keewaydin, I have
lived in Naples all my life and love this untouched patch of
land. Keep it beautiful!
NOTHING ELSE WILL FIT..!! THERE ARE TOO MANY
GOOD MEMORIES ON THE ISLAND ALREADY.>!!
Page 20 - Signatures 336 ' 339
. 7 A '11!lt
Name From Comments
340. Jane Coine Naples, FL
341, Evan Barr Naples, FL Please preserve this area from commercial development. It
will never be the same if this happens. The sea turtles and
other wildlife that make Keewaydin Island so special will be
devastated. This is a special place to native residents. I am
third generation Neopolitan.
342. Michell Witt Tallahassee, FL
343. Ted Swietlik Frankfort, IL
344. Edward Challinor Bonita Springs, FL If collier county destroys any more barrier islands the
countys safley will be compromised in the next 50 years as
the intensity of storms increases with mean global
temperatures. Also, STOP ruining our slice of paradise you
have absolutely destroyed your oasis with shopping malls
and the destruction of wetlands. STOP COASTAL
DEVELOPMENT! If this island is compromised you will
expect a massive uprising and probably some radical
movement. LEAVE US OUR LAST OASIS!!!!!!!!
345. Andrew James Tampa, FL
346. Theresa Watson Naples, FL
347. Stephanie Helmer Naples, FL
348. Maureen Wells Naples, FL
349. Leah Baker Naples, FL
350. Dawna Redwan Brighton, MA
351. Carly Kleist Naples, FL I grew up on this beach! Always a good time, please keep
it, too much construction in SWFLI stop!!
352. Charles Taylor Naples, FL Collier County is overbuilt as it is. Access to the water and
public beaches has been taken over by the few and the
rest of us have been locked out. Leave our berrier island
alone. Keep it out of the hands of the rich and powerful
who's only concern is for themselves.
353. Lisa Naples, FL
Prestigiacomo
354. Mariella Naples, FL
Benavides
355. Jenna Taylor New York, NY Keewaydin Island holds most of my memories of laughter,
fun, friends, beautiful sunny days, boating, and enjoying a
place where you could come and go as you please. I grew
up in Naples, FL and Keewaydin was honestly my favorite
part of highschool. Even in college I got excited to go home
for the canoe races because I knew I'd bump into all of my
highschool friends on Keewaydin. I now live in NYC but I
still plan trips home just so I can spend relaxing days on
the island. It was such a huge part of my life growing up
and I'd hate to see anything happen to it.
356. ash ley bauman naples, FL
Page 21 - Signatures 340 - 356
7A~'
Name From Comments
357. Jessica Green Naples, FL DON'T DESTROY KEEWAYDIN! KEEP IT FOR THE
LOCALS!
358. Jon Ebert naples, FL
359. Jodie Naples, FL
Montgomery
360. rob haskin orlando, FL
361. Andrew Avila Naples, FL keep Keewaydin to the locals! don't let it become another
tourist attraction, aren't there enough 5 star hotels on the
guit?
362. Kendel Maksuta Orlando, FL
363. Alexandra Bowes Naples, FL
364. Benjamin Spector ORLANDO, FL
365. Samantha Marco Isiand, FL
Willingham
366. alyssa caruso Naples, FL
367, Carolyn Naples, FL
Chynoweth
368. Casey Panepinto Napies, FL To whom it may apply,
I am OPPOSED to the Naples Bay Resort proposed Beach
Club on Keewaydin Island because:
n The proposed "beach club" would start a terrible
precedent: paving the way for many more commercial
"beach clubs" on the fragile barrier island;
n Even the "scaled-back" plan for the beach club would
have a devastating impact on Keewaydin island --
remember the scaled back plan has already been
unanimously rejected by the Planning Commission and
Environmental Advisory Council for good reasons;
n Limiting the beach clubhouse to a 20'person capacity is
misleading because that 20-person capacity does not
account for the number of people that would be outside the
proposed clubhouse:
n There should be NO commercial development on
Keewaydin island!
-, Vote "NO" on the Napies Bay Resort proposed beach
club on Keewaydin Island,
Respectfully Submitted,
Casey Panepinto
7724 Jewel Lane Apt. 102
Naples, FI 34109
369. Jennifer Steffens Napies, FL
370. Ryan Marco, FL
Shaughnessy
371. James Crook napies, FL
372, Taylor Benson Naples, FL
Page 22 - Signatures 357,372
Name From
373. Elizabeth Hogan Naples, FL
374, Keith Walls Naples, FL
375. raeann karish naples, FL
376. Jason Brissette Naples, FL
377. Matthew Harty Ft. Myers, FL
378. Caroline Jane naples, FL
Silva
379. Zach Lenart Naples, FL
380. Alexander Voss Miami Beach, FL
381. Jessica Nolan Napies, FL
382. Jaislee Spina naples, FL
383. Gianna Harts Naples, FL
384. Valerie D'Amico marco island, FL
7 A 'if"
Comments
Thank you to all who have kept this island as is. Keep
Keewaydin in her natural beauty. No changes please!
dont do itttttttttttttttt
that ecosystem can't support this beach club and can't
really support the houses already there so you cant do this
II you approve development on this island, you will upset a
lot more people than you may think. A lot more than you
have been able to recognize by this petition as well. Please
do not vote to allow commercial development on one the
only natural paradises left.
385. Kevin Iyke naples, FL
386. Michelle Tricca Naples, FL II you keep developing preserved land, what will we have
to enjoy? More obnoxious strip malls to shop in and big
box chain restaurants to dine at? Many of these newer
existing businesses in Naples have closed up shop due to
the economy, over saturation 01
not-so-impressive-nor-not-so-necessary retail in this town.
Enough already!
387. Cortney Couitcher Naples, FL
388. Terese Walker Naples, FL Please keep Keewaydin Iree from commercial
construction!! !
389. Chris Cianlaglione Gainesville, FL Keewaydin island is a gem and one 01 the last natural
areas like it lelt in collier county that is still able to be
enjoyed by so many, May it never become the type of land
eaten up by the heavy hand of developer greed.
390. ALEX SCHILLING NAPLES, FL
391, ARLINGTON NAPLES, FL PLEASE DON'T LET THEM RUIN KEEWAYDIN LIKE
ZELLERS THEY'VE RUINED EVERYTHING ELSE
392, Mike Bono Naples, FL PLEASE DO NOT TAKE AWAY THE BEST THING
ABOUT SW FLORIDAI
393. Jim Babka Palm Beach Gardens, Growing Up in Naples, I spent many a weekend at
FL Keewaydin, I stll take my family there when ever I bring my
boat to Naples. There are very few natural beach areas left
(continues on next page)
Page 23 - Signatures 373 - 393
7 A ti,~
Name From Comments
393, Jim Babka Palm Beach Gardens, (continued from previous page)
FL in Florida. It would be a crime to let this one also pass into
history.
394. Alex Kirby naples, FL
395. Marjorie Blazevic Lockport, IL
396. Kelly Hunter mansfield, TX
397. Leigh LILLY naples, FL
398. Morgan Betten Tallahassee, FL
399. VERNON Naples, FL NO MORE DEVELOPMENT
WICHMAN
400. Jon Kilpatrick Naples, FL This barrier Island should be left to Nature and to future
generations on residents to enjoy,
401. Curt Jensen Traer,IA
402, Danielle Rust Naples, FL
403, Jessica Naples, FL
Mohrbacher
404. Celina McGehee cape coral, FL
405. Vanessa Hoza Naples, FL
406. Jessica Rainey Naples, FL There's enough tourism; what about the comfortable living
ot the residents around this town? It is our home,
environment, and freedom that is at risk.
407. Cody Scott naples, FL
408. Karina Zimmer Naples, FL
409. gabi Vazquez KISSIMMEE, FL
410. Conor Garvie Naples, FL
411. Jason Brick Naples, FL Please don't allow this to happen. I was born and raised
here in Naples and have been going to Key Waiden ever
since i was born. My brother was almost born on the island
itself. (true story) Plus its not just somewhere to get away
from the business of every day life, it is one of the few
refuges left in this area for our diminishing wildlife. Visitors
come to Naples because of how beautiful it here, keep
building unnatural structures and say goodbye to
everything naples stands fori
412. Heather von Naples, FL
Heimburg
413. Laura Golly Naples, FL
414, Susan Lubieniecki Naples, FL We are boaters and love to be able to spend time just
chilling out on the island. The wildlife is awesome there. It
is sad to think of it going commercial. I do not want to see it
change.
415. Melissa Richards Naples, FL
Page 24 - Signatures 393 ' 415
7A ' k~
Name From Comments
416. Julia Clark Naples, FL
417. Meghan Naples, FL
MacDonell
418. Stephanie Oldziej Naples, FL
419. kelly capolino Naples, FL Collier county is one of the few areas that still has areas of
pristine flora and fauna. Let's keep Keewaydin island the
way it iSI
420. Vanessa Ebrite Naples, FL I grew up on that island!! My family and I have spent
countless weekend outings, family events, hOlidays and
birthdays there, ..it's like a piece of my childhood. More
importantly, it's one of the few pieces of untouched nature
left in this area. Can we just have one thing not be about
tourism and seasonals in this town? It's simplicity is it's
beauty...leave it be,
421. Phil Jabornik Naples, FL SAVE KEEWAYDIN!!!!
422. Thomas fohlbrook marco island, FL This is my Island and i won't let you destroy it.
423. Lori Mills Bryant Naples, FL
424. katherine naples, FL Ive been going to this place since i was 2 leave it alone
SUAREZ thats the only thing we have left in naples that we can do
every week and not get bored of it
425, susan wiesing naples, FL
426. Adam Schank Naples, FL Keep Keewaydin island!!!!!!'
427. Chris Heartwell Virginia Beach, VA I have spent a long time going to Keewaydin Island
Boating there with friends and camping out on the
beach..just getting away and enjoying the lifestyle there.
Please do not let them ruin it. Keep the island the way it
is!!!!!!"!!!! I'm oly in VA now becausr of school, and I am
coming home to Naples when I get done and I expect the
island to be just the way I left it!!! Save the Island
428. Brittany Naples, FL I love keewaydin'
Bou-Sliman
429. Jay Price Redding ct, CT
430. Lauren kemp fort myers, FL Born and raised in Naples since 1978, my parents have
been here since 1952, we have see Naples change soooo
much that it's not the same little fishing town anymore. You
are destroying a great local landmark if you insist on
building at Keewadin. Please don't destroy that too!!
431. Sarah Wallace Naples, FL
432. Anita Pittman Naples, FL Really!! Haven't we had enough change--keep something
as unchanged as possible.
433, Michelle Boyer Naples, FL
434. Britaney Rucker Naples, FL
435. Alexandria Naples, FL Keewaydin is part of our heritage, and should be our
Goetten children's as well. Please don't develop it.
Page 25 Signatures 416 - 435
Name
436. J Marshall Fry
From
Tarpon Springs, FL
437. Angela Lampley
438, Shannon
Patalano
Rockingham. NC
Chicago, IL
439.
440.
441.
442,
Kyle Zumstein
Madeline
Tarantelli
james wheeler jacksonville, FL
laura NAPLES, FL
shanabarger-puckett
Naples, FL
LaBelle, FL
443.
kerri McBride
Naples, FL
444. Andrew Colaluca Jacksonville, FL
445. Albert Kerns MD Naples, FL
FACP
446. Carol Cox Naples, FL
447. katie gover naples, FL
448. Loyette Houck Naples, FL
449. Spencer Ginn Naples, FL
450. Lianne Riley Gainesville, FL
451. Kimberly Naples, FL
Stephenson
452. Andrea Kopper naples, FL
453. Kathleen Harvey North Port, FL
454. marie curtis
naples, FL
7 A 1"
Comments
I lived in Naples from 1966 - 1984. As I was growing up, I
watched with amazement the rate and extent to which
Collier County was developed. When I visited Collier this
last year with my family, I was apalled by the even greater
rate and extent that the county has been further
developed. To permit the development of even a small
portion of Keewaydin would only further endanger the
rookeries and barrier islands between Naples and Marco. It
was bad enough that the County allowed GADC to dig and
dredge its canals, and Deltona to dredge and fill in and
around Marco. Folks, it's time to put an end to it!
I was born in Naples and Keewayding is one of our
counties most precious resources. Please don't destroy it. I
am sure the conservancy or lIorida forever could secure
funds to save it from further development
Please leave keewayden the way it is! Naples has already
gotten overdeveloped and ugly. Any development on
Keewayden will ruin it. Don't let them have any of this
island and spoil its natural beauty. PLEASE!
Florida has too much development as it is. Lets save what
we have lefL
This should never be allowed !!
we love keywaydenl dont commercialize it!
The first time I stepped foot on this island it took my breath
away to have natural Florida untouched. It both saddens
and sickens me to imagine yet another part of Florida
taken away by development. Please leave Keewaydin
ALONE!!
Page 26 - Signatures 436 - 454
7 A ''Y''
Name From Comments
455. Jordan LaCrosse Naples, FL
456. Nathan Hilliard Naples, FL the 14% was bought as private property, and its zoned as
private property...so, leave it that way.
leave it alone or give me a piece of the pie, preferably, a
big piece.
457. sally quimby West Linn, OR This island is lovely; so much has not been kept for nature
lovers in the South Florida area; please keep this one!
458. Megan Kovalik South Lyon, MI
459. Dustin Payne Naples, FL Do they really need that development on Keywaydin?
They've destroyed enough of Florida's environment
already with industrialization. Was destroying the
Everglades not enough for these people?
460. Elisabeth Bailey naples, FL the island should be a last mostly undisturbed place to just
enjoy nature. No commercial installation should intrude the
peace and quiet
461, G.F.Oldziej Murphy, NO That's right finish destroying the last refuge left That's the
reason this "cracker" moved away.
462. vanessa colvett bon ita springs, FL Key Waden is a big part of what makes naples so so great!
It's a beautiful and fun place that has been a public place
for boaters and beachgoers for years! it must stay a float! I
strongly encourage key waden to stay free and available to
all!
463. Nicholas Spahr Naples, FL
464. Trevor Peterson Naples, FL
465, Jessica Naples, FL free Keewaydin!!1
Stephenson
466. Taylor Chesney Naples, FL Don't develop Keewaydin!!!
467. Karen Noponen Naples, FL
468. Tiffany Bailey naples, FL
469, Lindsay Arick Naples, FL
470. CAROLINE NAPLES, FL
WALTERS
471, Sandra Sprenger Naples, FL This is the last thing this pristine piece of nature needs. Are
you kidding me? Please stop and think about what you are
actually allowing to happen. There is absolutely no reason
to allow this to happen....except perhaps money. That is
the only reason I can think that you would even consider
such an unbelievable rezoning law.
472. kelsey johnson bon ita springs, FL
473, Christine Gardner Naples, FL
474. Alexandra Deane naples, FL
475. Nicole Holdridge High Springs, FL
476. Andrea Deane naples, FL
Page 27 - Signatures 455 - 476
, 7A f..,:j,
Name From Comments
477. Andrew Deane naples, FL
478, Brittany Strong Naples, FL Commercial development would ruin it's beauty! So many
families come and go to Keewaydin, it's a tradition!
479. Kevin Sieg Naples, FL
480. Berkeley Smith Naples, FL Don't destroy our home!
481. Robiny DySard Estero, FL
482, Hunter Smith Naples, FL
483. Troy Tudor Naples, FL
484. Cassie Gomes Naples, FL
485. Carol Golly Naples, FL My family and I have enjoyed Keewaydin on a regular
basis for over 40 years. The thought of having this island
rezoned for private ownership is devastating to me. Please
do NOT allow this happen.
486. Laura Kendrick Oviedo, FL
487. Dana Alger Naples, FL
488. Barbara schryver naples, FL Please no more concrete. Give nature a rest and give the
people a place to go to enjoy a day away from all the
stress in the world today. Leave an island as it should be.
There is already too much development on Keewaydin.
Please put a stop to it for our children's sake, Thank you.
489. Susan Szurek Naples, FL Please vote no ,!
Keewaydin Island should be left alone. Please do not open
to commercial development.
VOTE NO!
490. Lauren McElligott Naples, FL
491. Julie Mattaliano Naples, FL
492. Mathew Silva Naples, FL I grew up in Naples and I have witnessed beautiful places
where I fished and hung out at in my youth, turned into a
monopoly. Now if I try to go to these same places, I am
considered a trespasser and can be prosecuted. It is sad
to see places that were once open to the public become a
selfish joy to high end spenders. The people of SW Florida
should be able to have access to what is left of this dying
beauty. I say dying because I believe commercial
development has and will continue to ruin the preserved
environment of SW Florida. I for one hope this does not
happen, but it will unless the people and state take action
to prevent it; therefore, I wish to be heard on this petition,
to save the piece of land I have grown up to know as
Keewaydin Island,
493. diane peterson naples, FL
494. Mark Nourse Naples, FL
495. mike horn Naples, FL Save Da Beach Mon!!!
496. Caitlin Sund Charlotte, NC
Page 28 - Signatures 477 - 496
7A . 'j
, ~,f
Name From Comments
497. bradley sund charlotte. NC
49B. James E. Moon. Naples, FL It is unfortunate that the City and County are looking to
Esquire allow the greed of one to detract from the beauty and
enjoyment meant for so many. Keewaydin should be left
the way it is in the memories of those who grew up
swimming its shoreline and enjoying it's sunsets. Let's
leave something for our kids and grandkids to enjoy.
499. Victoria Tracy Naples, FL My husband and I STONGL Y oppose to ANY commercial
endeavor on Keewaydin Island. As long time Collier
County citizens and avid boaters we think allowing a
variance tor ANY commercial use would open a floodgate.
We support this petition 100%.
500. Sharda Spahr Naples, FL
501. adam sommerton naples, FL
502. Nicole Spinelli Naples, FL
503. Sharon Zimmer Fort Myers, FL
504. Christina Anstett greer, SC It is disgusting to me that in this economy, the ever,
snobby naples resident's want to take the one exciting
thing away from us, You already passed laws on speed
zones taking the average person 30 minutes to even boat
out to the island I What else do you want? Why don't you
just take what you have and move back north.
505. Rob Kearney Bonney Lake, WA Although I am no longer living in Naples, I was born and
raised there. The fond memories I have of outings to the
beach are still quite vivid to me, yet the beaches I
remember are now lined with high-rise condos. Keewaydin
is a reminder to all of us who remember what natural
beaches are ... please leave it as it is and don't open the
door to development. My suggestion would be to have the
State acquire the remaining 14% of the island so that the
entire island can be part of the Research Reserve. Thank
you for your attention to this very important matter,
506. Peggy Wilson Naples, FL
507. Jason Hartnett Huntington Station,
NY
508. Susan Puleo Naples, FL How much more cement do we really need? Coconut
Island has already been destroyed by mother nature. Let's
leave Keywadin alone. More cement that NOBODY can
afford..... Think about it
509. christopher castor naples, FL keewaydin is place where families and friends have gone
for years to share bonding time, taking that away would
ruin it for future generations. let on its only place to have a
good time for free in naples
510. Heather Mooney Ann Arbor, MI
511. melissa blazier naples, FL
Page 29 Signatures 497 - 511
Name From
512. Nicole Clayton Las Vegas, NV
513. Juliette Aiyana Brooklyn, NY
514. Todd Geroy Naples, FL
515. Kerry Geroy
Naples, FL
7AMfll
Comments
Money is the only reason you would need to add concrete
to something so amazing. Why are we all so greedy?
As a 27 year inshore charter captain making a living
directly around Keewaydin Island. I am concerned about
the potential for and development of Keewaydin Island,
Our county is blessed with the natural treasure of
Keewaydin Island, One of the largest barrier islands of the
gulf coast, ""Key" Island is major piece of the natural
environment in Collier County. It is a major nesting area for
several species of sea turtles and birds (some of which are
endangered) as well as habitat for other endangered
species such as the gopher tortoise and indigo snakes, It
also supports a major habitat for many fish that help
support a huge recreational sportfishing industry. Further
development would without a doubt be stressful to the
ecology and the endanger the sensitive natural elements
that make up this incredible natural resource that we are
blessed with having just minutes from our community.
Capt. Todd Geroy
I am completely against the approval of this zoning
request. The owner is a commercial developer and
approving this request will only set a dangerous precedent.
If this request is approved, the gates will be wide open for
more requests and the projects will only get bigger and
bigger.
Keewaydin is a sensitve barrier island that is critical to our
environment and to Collier County. This treasure should
not be spoiled. Approval of this request will be the
pandora's Boc of southwest Florida.
If it is the goal of the BCC to provide more beach access to
the residents of Collier County, Keewaydin is NOT the way
to do it. There are other options. We simply cannot allow
the creeping incrementalism of what this developer is
trying to build a little at a time.
Please listen to the EAC and the Planning Commission's
vote, which was NO.
516. Steve Spahr Naples, FL
517. Louise Stewart Naples, FL Please leave this area open to those who want to enjoy
nature & leave the sand to drift with the wind.
518. Cameron Pooler, GA
Couturier
519. Crystal Rigney Kerrville, TX I love Keewaydin Island..,...... I grew up with it!! Save it
don't ruin it please!
520. Lenore Jenkins Naples, FL
521. Alex Wallace naples, FL
522. Deanna Mackey Naples, FL
Page 30 - Signatures 512 - 522
7A ,
Name From Comments
523. Nhi Hoang Naples, FL
524. Govinda Naples, FL
Avasarala
525. Gary Rogers Tampa, FL How can we have such disregard of what little natural
beauty God gave us is left. Do the RIGHT THING! There
shou Id be no other option!
526. tinamarie smith naples, FL
527. Nina Schmidt naples, FL
528. Fritz Otiker Naples, FL Do not allow commercial development on this island. Once
one does it, they all want to do it. This will turn the island
into a development frenzy of destruction. For the sake of
the locals having one last getaway,
529. Corey Shierling Naples, FL
530. Chuck Wolfe Naples, FL I really would HATE to see any development on
Keewaydin island,... It should stay in its natural state that is
in now for everyone to enjoy........
531. Karla Napier Naples, FL i have been going to Keewaydin Island since I was about
six years old. It is the only place left to go in collier county
to just go and realax and have fun with family and friends.
532. Les McCord Ft. Lauderdale, FL
533. christopher rich pensacola, FL I have been going there since I was a little kid and for youll
to just try and take it away is insane. What about the canoe
races and everything thats goes on there every year, That
island is known to the locals and will always be a place to
just get out and enjoy yourself but in a peaceful way. Dont
ruin that for us who care
534. Shea Airey Columbia, SC I grew up in Naples. I saw the pristine area be developed
into its current state over the last 15 years like everyone
else. The past is the past. However, lets not let one of the
remaining jewels of ecology in Naples' backyard turn into
another developer's fantasyland. When I come back to the
town I grew up in with my child one day, I hope to take him
out to the same natural, unspoiled kee-way'din that I
experienced as a youth. Please don't rezone the island to
allow development beyond what already exists.
535. Benjamin Geroy Naples, FL
536. Lauren Turner Cleveland, GA My grandfather was one of the original 800 inhabitants of
Naples and I am a native of Naples. We have both
watched this area of Florida go from being natural and
pristine to a concrete nightmare. Every day another acre is
turned into a condo, office building, or someone's next big
money venture. Can't we leave something to enjoy in the
future?
Keewaydin Island is one place that we can care for and
save for the future.
Page 31 Signatures 523 - 536
Name
537. Daniel McGuire
From
Bonita Springs, FL
538. Katelin Henry Naples, FL
539. Darren Dyer naples, FL
540, cassie weyandt naples, FL
541, Jason Brooke Everett, WA
542. Chris Smith Naples, FL
543. Kristen A. marco Island, FL
7A
Comments
There's enough development in Naples. We need to keep
this pristine area in its natural state. Developers BACK
OFF I
Protect the natural beauty of Southwest Florida!
The last thing we need are more buildings. Lets stop the
construction! !
For more impact, add a personal comment here
Keewaydin has been a place for years that the real people
from our town Marco, Naples Etc, can enjoy great
company and loads of fun plus we can enjoy what one
place is ours other than the tourist but years of rituals
years of family camp outs friend campouts and festivities i
dont believe it should be taken away ontop of all other
things we have already had to give up... let us keep this
place if anything help us findways to keep it beautiful & so
it can stay a place to go years to come... please dont take
and give up on the people who have enjoyed this our
parents parents us... the people of this wonderful place
Page 32 - Signatures 537 - 543
· 7A
# 570: 7:39 am PST, Fell 10, Cheryl Faerber, Florida
# 561:7:37 am PST, Fel> 10, Robin Chiaradonna, Florida HaVing been born and raised in Naples, Keewaydin
Island has been a part 01 my life since I was a smali child. I have so many wonderful memories camping out there
with my parents, skiing in the waters nearby,shanng good limes with friends,and making new memories with my
chlidren, Keewaydln is a place that shouid be preserved and protected lor the enjoyment 01 all local residents and
visitors, why does there need to be a private club that only benelits a few"
# 569: 7:27 am PST, Fell Diana Tarpley, Florida
# 568: 7:27 am PST, fell 10, Bonnie Blythe, Pennsylvania
# 567: 7:14 am PST, Fel> 10, Kimberly Holm, Florida
# 566: 7:11 am PST, fel> 10, Kirsten Workinger, Florida
# 565: 6:56 am PST, fen 10, Daniel Jorgensen, Florida Born and raised in naples this is a landmark and it
would be a tragety to let this he built up Into another naples gated community' we have enough of those already
# 564: 6:55 am PST, Feb 10, Name not displayed, Florida
# 563: 6:52 am PST, Feb Steve Weigle, Florida This island is preserves for wildlife and boaters, Not lor
commercial real estate
# 562: 6:50 am PST, Fell 10, Regina Rizzolo, Florida ThiS island has been a part of Collier County fa many
years. it is one 01 the only places ieft 01 old Collier, Piease don't let it be destroyed as It is now. Leave something lor
our children to remember,
# 552: 6:40 am PST, Feb 10, Marc Sutherland, Florida
# 560: 6:18 am PST, Fell 10, James Boylan, Florida
Please leave Keywaydin alone I
# 559: 6:12 am PST, Feb HI, Kat Farrell, Florida Naples has enougl1 gated communities and exciusive
playgrounds for the upper crust. As representatives for the PEOPLE of Collier County, It IS your duty to protec.t
precIous resources fOl' the highest and greatest GOOD of ALL concemed. NOT Just those ego-driven "P.OYs" (Peopie
01 Privilege) With deep pockets and shallow levels of consciousness,
# 558: 6: 10 am PST, feb HI, Cindi Pottinger, Georgia
These barner islands al'e precIous gifts that are still unscathed by commercial real estate. We must preserve these
areas as they were intended to be - natural barriers,
# 557: 6:04 am PST, feb 10, Lindsey Tremulis, Florida
# 556: 5:59 am PST, feb 10, William Harnedy, Florida
# 555: 5:57 am PST, feb 10, Autumn Unsworth, Florida
# 554: 5:56 am PST, Feb 10, Laurie Von Dollen, Florida we need to protect our wildlile areas - enough
development
# 553: 5:56 am PST, Fell 10, Chris Wilson, Florida
# 551: 5:38 am PST, Feb 10, Brandi Hubbell, Florida
# 550: 5:28 am PST, Fell 10, Christine Murray, Florida
# 549: 5:25 am PST, Feb 10, Name not displayed, Florida
# 548: 5:15 am PST, Fell 10, Edgar Avila Avila, Rhode Island Why would you destroy such a nice place?
# 547: 4:46 am PST, Feb HI, Denise Denard, Florida
# 546: 4:26 am PST, feb 10, Sheila Torres, Florida
# 545: 3:55 am PST, Feb 10, Name not displayed, Florida
# 544:3:50 am PST, Feb 10, Linda Neumann, Florida
I oppose a conditional use permit to build a commercial beach pavilion on Keewaydin Island, A commercial beach
pavilion is not needed for those who love dnd truly appreciate the island, Please act responsibly and vote NO on the
petition lor a conditional use permit to bUild tl1ls pavilion on Keewaydin Island, The Island and Its natural inhabitants -
animals, birds, plants - need you to be Its stewards, not its destroyers<
Page 33
Signatures 544 - 570
,~
ca~2 petitionsite
--
Save Keewaydin island - The Petition Site
10/0911:22 AM
J ~ f ;J
1
brows,?1 my petition site I create petition I helo
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1hi:\re 4~ tiNlr\g, you!
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o BOOI<MARK "';'j 1::' .
Savt?
lsl.a
signature
goal: 1,000
Target: The Collier County Boarel of Commissioners
Sponsored by: ~':')<l. ::;,bC' Kt'ew:lyd,n i';lar)ei /
Keewaydin Island, a pristine barrier island on the wes~t ' 'ast of Florida, is
being threatened with commercial development, The ir and is a part of
Rooker'y Bay National Estuarine Research Res€l.ve an is 86% state owned
preserve, The 1401;, of the island that is not state own d is owned privately.
p
/
/
/
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dter
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One of these private investors is asking the Collier cau y commission to vote.1
on rezoning t.heir property to allow for commercial devcla cnt, This would l
then set a precedent that could lead to ever increasing varia s granted to;... ___//
existinq zoninq laws until the island is doomed to commercial de~~.'---
577
signatures>,....-'
We signed the "Save Keewaydin island" petition!
# 573:
8:57 am PST, Fen to, Name not displayed, Florida
It's an isldnd, righP Keewaydin hac; been 'jdved for all these year'; in it~, natura! beauty simplv oeuJUs," it is an Island, PINse do not let comrneroal intere'jts have
a foothold, Before YfJ\; know it, the bif) devel(}pEl's wiil need a BRIDGE, Wh'''I'0vn they choose to have their bridgE, it wil! impact on many other property 0\\1'1121'5
in many lH1ilnticipated WilYS, Please k(~ep (;ornrnl"rcial intel'csts out"
# 577:
8:16 am PST, Feb 10, Brittanv Kellv, Florida
Fcr "lore impacl:, add iJ per<>ofMI CDmment her?
# 576:
8:14 am PST, Feb lO, Elaine Christiansen, New Jersey
Hove':' triJveled thi>re by bDat Of! more lilai'! one OCCi1Si(H,_ A tl"a!1quil (JI'I(J peaceful pl<lce to spend a day Would be il sin to iose It to C01l1illNCi81 develDpment
believe ttlflt in i!nelfort to be enviro(lt(li:ntaily !md 0C0nomiri.\IIV smart, the renovation ot An existmqbuiictlng would be i1 better cflOice for 311.
# 575:
8:04 am PST, Feb 10, Amanda Stringham, FlOrida
# 574:
8:00 am PST, F(10 10, Nancy Christopher, Florida
http://www.thepetitionsite.com/petition/ 3 088344 7 5
Page 1 of 2
Save Keewaydin island - The Petition Site
7 A 2/1ordtl1l22 AM
# 572:
# S?1:
# 570:
# 561:
# 569:
# 568:
# 567:
# 566:
# 565:
# 564:
# 563:
# 562:
# 552:
# 560:
# 559:
# 558:
# 557:
# 556:
# 555:
'# 554:
# 553:
'# 551:
Please letlve Keewilydln Island the way it is, r~aturtli.
7:51 am PST,Feb 10, Aaron Hills, Florida
There'sehOugh development In Naples, Keep this plilC€ untouched'
1:41 am PST, Feb 10, Name not displayed, Florida
7:39 am PST, Feb Hi, Chervl Faerber, Florida
7:31 am PST, Fen 10, Robin Chiaradonna, Florida
Having been born Jnd raised in Nilpl':'5, KC12w0ydin Island hdS bu"n iJ oart of my hfe since r WilS il small Cllild. 1 hZlve so mZlny wondel'full11emol'ies campinq 'Jut
there with my pClrents, skiing 'II the wilter', nt><lrhy,srHH,oG 0(Jad times with fncnds,il.f1d'Yiilkin1J flew mernnries with my dlildren, Keew8ydin is a piace thot should
be pre5efV~ and protected for the enjoy:m",nt c( ali jouiresi(jent"; and vlsilors,wl1y dOf!sthete neEXl to be a private club th<1t or,ly lJenefi!:s i:1 few:>
7:21 am pst, Feb 10, Diana Tarpley, Florida
7:2:1 am PST, Feb 10, Bonnie 8lythe, Pennsylvania
7:14 am PST, feo 10, Kimberly HOlm, Florida
7:11 am PST, feb 10, Kir$ten Workinger, Florida
6:56 am PST, Feb 10, Daniel Jorgensen, Florida
Born and raiSed In n,'ples this is 8 landmark and it wau d be d tragety to let tiliS be built urJ Into i1l1other naf)ies gated communityl we have eno\Jgl1 of [r,ose
already
6~5S am PST, Fen 10, Name not displayed, Florida
6:52 am PST, Feb. 10; Steve Weigle, Florida
I-hiS Island IS I1resenJes for wildlife iHld bO;Jft'fS. Nut for c:ornrnenHI real e',tat0
5:50 am PST, Feb 10, Regina Rizzolo, Florida
r!1i; island hiE; been J pan of Colli(:( CCJlil'ty to IT'oilY VGHS, It is OM OJ )"1\2 only pidees left of Did Collier. pre,lSp. don't let il be destroyed as it no\.v Ledli~
50mething tor our ehikln"n Vi H,mel11\)er.
6~40 am PST, Feb 1Q, Marc Sutherland, Florida
6:18 am PST,Feb to, James Bovlan, Florida
Pleils(' leave K('yway(lin aklt1e!
6~12 aM PST, Feb 10, Kat Fan'ell, Florida
Nf!pies !If!$ enough paled (Ol"im'\JI'Il:k,s ,~nd <,xc (E';iVE ;1101'01"0und'; tor ::118 I.IPP\'O!' crust. As representatives fo( Hw PEOPLE of Coilier County, it is yadr {juty IU
preCiolJs resources for tbe l:iglwst ,me (jI"Pdtest GOOD of t>!..t ((jp/;erned, NOT just those ego.ejrken "P.f),P's" (People; of Privilege) with deep pockets end ,;1",11'"
levels of consCiousness
5:10 am PST, Feb 10, Cincli Pottinger, Georgia
These barrier islands ale pre00'1S gifts that are "till WlSUJ1h,'(J bv wcnrnerci,ll :'6'Ji esl:ate. We must pre,;f';\'p these deBS a", they wpre intended (r; biO I'B1'}:;1I
hamel'S,
6:04 am PST, FeD 10, Lindsey Tremulis, Florida
5~59 am PST, Fen 10, William Harnedy, Florida
5:57 arn PST, Feb 10, Autumn Unsworth, Florida
5:56 am PST, Feb lO, Laurie Yon Dollen, Florida
we need to protect our wildlife ar(O;)', Brh!uUh developn(;'i'lt
5:56 am PST, Fen 10, Chris Wilson, Florida
5:38 am PST, Feb 10, Brandi Hubbell, Florida
'.:'.i()
1'.):1 400
2";U )J)(J ]:,0 L)i' "l
~ill it ".~
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http://www.thepetitionsite.com/petition 13088344 7 5
Page 2 of 2
Please, vote" NO"
to any zoning changes
on Keewaydin Island.
Please, vote" NO"
to any zoning changes
on Keewaydin Island.
Please vote" NO"
,
to any zoning changes
on Keewaydin Island.
Please, vote" NO"
to any zoning changes
on Keewaydin Island.
Please vote" NO"
,
to any zoning changes
on Keewaydin Island.
Please, vote" NO"
to any zoning changes
on Keewaydin Island.
Please, vote" NO"
to any zoning changes
on Keewaydin Island.
Please vote" NO"
,
to any zoning changes
on Keewaydin Island.
Please vote" NO"
,
to any zoning changes
on Keewaydin Island.
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