Fiala - Ex ParteEx parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
June 9, 2020
ADVERTISED PUBLIC HEARINGS
9A ***This item to be heard no sooner than 1:00 p.m.*** This item requires that ex parte disclosure
be provided by Commission members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number
82-49, as amended, the ShadowWood Planned Unit Development (PUD), to redesignate 4± acres of
land from Tract C, private air park district, to Tract E, residential development; by adding the
development standards for Tract E; by amending the master plan to add 3 access points to provide
ingress and egress to Tract E including access to Polly Avenue, Atkins Road and Whitaker Road; by
removing a requirement that all access roads to the PUD are private roads; and by revising
developer commitments. The subject property consisting of 77.99± acres is part of the 168.1 acre
PUD located at Wing South Air Park, east of Santa Barbara Boulevard between Davis Boulevard and
Rattlesnake-Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County,
Florida. [PL20190000259] (District 1)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
Met w/ Rich Yovanovich & Bill Barton, Phone calls,
meetings w/ Community Members & ENCA, emails
9B ***This item to be heard no sooner than 1:00 p.m.**** This item requires that ex parte disclosure
be provided by Commission members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve with conditions a Resolution designating
642.52 acres within the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship
Receiving Area, to be known as the Hyde Park Village Stewardship Receiving Area, which will allow
development of a maximum of 1,800 residential dwelling units, of which a minimum of 300 and a
maximum of 1000 will be multi-family dwelling units; a minimum of 45,000 square feet of
commercial development in the Village Center Context Zone; a minimum of 18,000 square feet of
civic, governmental and institutional uses in the Village Center Context Zone; assisted living
facilities subject to a floor area ratio in place of the square footage cap in the Village Center
Context Zone; a maximum of 10,000 square feet for any recreation buildings in the Neighborhood
General Context Zone and a maximum of 5,000 square feet for any recreation buildings in the
Neighborhood Edge Context Zone; a maximum of 30,000 square feet of wellness and commercial
development in the Village Amenity and Wellness Center Context Zone; all subject to a maximum
pm peak hour trip cap; and approving the Stewardship Receiving Area credit agreement for Hyde
Park Village Stewardship Receiving Area and establishing that 3548.24 stewardship credits are
being utilized by the designation of the Hyde Park Village Stewardship Receiving Area. The subject
property is located north of Oil Well Road and west of the future Big Cypress Parkway in Section
16, Township 48 South, Range 28 East, Collier County, Florida. [PL20180000622] (This is a
companion to Agenda Item 11E) (District 5)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
Met w/ Rich Yovanovich, Mike Greenberg and Bob Mulhere , emails
Ex parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
June 9, 2020
SUMMARY AGENDA
17A ***This item continued from March 24, 2020 BCC meeting to May 12, 2020 and further continued
to the June 9, 2020 BCC meeting.*** This item requires ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in, An Ordinance of the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated area of Collier County,
Florida, by amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Commercial Intermediate District (C -3)
zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to
be known as Vanderbilt Beach Commercial Tourist Commercial Planned Unit Development, to
allow up to 17 hotel and motel units and 7,000 square feet of commercial development on
property located on the northeast portion of the intersection of Gulf Shore Drive and South Bay
Drive, approximately 400 feet north of Vanderbilt Beach Road, in Section 32, Township 48 South,
Range 25 East, consisting of .62± acres; and by providing an effective date. (PL20180002792) (This is
a companion to Agenda Item 17.B) (District 2)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
17B ***This item continued from March 24, 2020 BCC meeting to May 12, 2020 and further to the June
9, 2020 BCC Meeting.*** Recommendation to approve by Ordinance petition
PL20180002792/CPSS-2019-03, a Growth Management Plan Small Scale Amendment specific to the
Urban Commercial District of the Future Land Use Element, to create a new subdistrict, Vanderbilt
Beach Commercial Tourist Subdistrict. (Adoption Hearing) (This is a Companion to Agenda Item
17.A) (District 2)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
17C This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
Resolution finding that a logistics facility is a comparable and compatible use within the
commercial designated area of the I- 75/Collier Boulevard Commercial Center PUD, as authorized in
section 3.3.a.21 of Ordinance 00-89. The subject property is within the Activity Center #9 Overlay
zoning district and located at the southwest corner of Davis Boulevard and Collier Boulevard in
Section 3, Township 50 South, Range 26 East, Collier County, Florida. (PL20200000543) (District 3)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
June 9, 2020
17E This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20200000324, to disclaim, renounce and vacate the County and the public interest
in a portion of the Maintenance Road Easement, as recorded in Official Record Book 4551, pages
1016 through 1020 of the public records of Collier County, Florida, located approximately 1.4 miles
southwest of the intersection of US-41 (Tamiami Trail East) and Thomasson Drive, in Section 25,
Township 50 South, Range 25 East, Collier County, Florida. (PL20200000324) (District 4)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
17F This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20200000046, to disclaim, renounce and vacate the County and the public interest
in a portion of the Drainage Easement, Ingress-Egress Easement, and any interest the County may
have in the 45-foot Special Preserve Easement located in the rear of Lot 5, Block “H” of Quail West
Unit One, Replat Blocks G and H, as recorded in Plat Book 22, Page 36 of the public records of
Collier County, Florida, in Section 8, Township 48 South, Range 26 East, Collier County, Florida.
(District 3)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
17G This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20200000468, to disclaim, renounce and vacate the County and the public interest
in a portion of the Sanitary Force Main Utility Easement as recorded in Official Record Book 2706,
Page 2637 of the public records of Collier County, Florida, located on the south side of Golden Gate
Parkway, approximately 0.4 miles west of Livingston Road, in Section 25, Township 49 South,
Range 25 East, Collier County, Florida. (District 4)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
June 9, 2020
17H 17.H. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve Petition VAC-PL20180002229, to disclaim, renounce and vacate the county and the public
interest in the 15-foot utility easement as described in the Order of Taking, Case No. 89-0957-CA-
01-HDH, recorded in Official Record Book 1472, Page 1618 of the Public Records Of Collier County,
Florida, located on the east side of Lot 35, Block A, Rock Creek Park, recorded in Plat Book 1, Page
79, of the Public Records of Collier County, Florida. The subject property is located on the south
side of Terrace Avenue, approximately 200-feet west of Airport Pulling Road, in Section 2,
Township 50 South, Range 25 East, Collier County, Florida. (PL20180002229) (District 4)
NO DISCLOSURE FOR THIS ITEM
Meetings Correspondence e-mails Calls
Wing South Airpark - Important Documents and Meeting Request
From
Anne Daley
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or
clicking links.
Good morning Commissioner Fiala,
During the February 20, 2020 Planning Commission discussion of Petition PL20190000259 to amend the Shadowwood PUD, a question arose
regarding the operation of Wing South as an Airpark. This question regarding our rights as an Airpark is of concern to our community.
As a result, we engaged legal counsel to document these rights and wanted to share the results with you.
I would appreciate a meeting or phone call with you this week to review this material. 30 minutes should be sufficient for this discussion.
Thank you and Regards
Anne Daley
President
Wing South, Inc.
516-455-2782
Wing South Cover Letter to BCC 2020_05_29.pdf
Wing South Cover Letter to BCC 2020_05_29.pdf
WAUGH LAW, P.A. ATTORNEYS AT LAW
PHONE: 321-800-6008 FAX: 844-206-0245 WAUGHPA.COM
CHRISTIAN W. WAUGH MORGAN FAYOCAVITZ
EMAIL: CWAUGH@WAUGHPA.COM
Orlando office 321 N. Crystal Lake Drive, Ste. 207
Orlando, FL 32803 (Primary Office)
The Villages office 561 Fieldcrest Drive
The Villages, FL 32162 (By Appointment Only)
May 29, 2020
Via Email and U.S. Mail
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
RE: Validity of Wing South Airpark’s Rights as an Airpark
Dear Commissioners,
My name is Christian Waugh and I am an attorney who represents Wing South, Inc., one
of Florida’s oldest private, residential airparks. Recently, Wing South has come under some
scrutiny due to a developer’s desire to gain public access to a new development. The alternative to
such access is to force the public to travel on private roads with airplanes. To put it mildly, this
would endanger the public, to say nothing of the special Wing South community that has been
there since the 1970s.
My client has prepared a comprehensive presentation for you regarding the history,
development, and legality of Wing South in Collier County. I have reviewed and endorsed it. I
want to share with you the Executive Summary here:
• Wing South was established as a private airpark in 1972. The County has always been aware and supportive of its existence. The County has
consistently granted
construction permits for hangar homes in Wing South. These permits represent
vested rights under Florida law. Absent an eminent domain action, the County may
not interfere with those rights.
• The Shadow Wood PUD, as described in County Ordinance 82-49, specifically declares Tract C of the PUD to be a Private Airpark District. This
includes the Wing
South runway, taxiway, airplane parking area, and clubhouse. Obviously, Collier
County has supported Wing South for decades.
• The Wing South Private Airpark Villas Condominium is zoned as RSF-4 (Residential Single Family). This zoning allows uses that are accessory
and
incidental to our permitted use. One such use is operation of aircraft on Skyway
Drive. From beginning to end, our Wing South community has always been
properly built, zoned, and placed to allow for the private airpark communities that
make Wing South home for several dozen residents.
• Wing South owns, manages, and possesses exclusive civil ticketing jurisdiction over Skyway Drive. County and State officials are not authorized
to enforce civil
mailto:cwaugh@waughpa.com
(T) 321-800-6008 ▪ (F) 844-206-0245 ▪ www.waughpa.com
traffic laws or to ticket persons on Skyway Drive. In other words, law enforcement
may not legally issue a traffic citation to a pilot for operating his aircraft on Skyway
Drive.
From a legal perspective, Wing South is special, but not necessarily unique. Several similar
communities exist in Florida, such as John Travolta’s Jumbolair community in Ocala, Fla. These
communities usually go to extreme lengths to make sure that what they do is legal and guaranteed
under the laws of the municipality, county, and state where they are located. In Wing South’s case,
Wing South has been meticulous in obtaining all approvals necessary to operate both its runway
and Skyway Drive as a shared private thoroughfare for planes and cars—but only those with a
right to be in the neighborhood.
Opening up Skyway Drive would invite public disasters for the residents of Collier County
and destroy the fabric of one of the most interesting neighborhoods in the County. The developer
does not want that. Wing South does not want that. The County hopefully does not want that.
Thank you for your time and I invite you to please review the attached presentation by Wing
South.
Sincerely,
/s/Christian W. Waugh
CHRISTIAN W. WAUGH
CWW/rw
Encls.
cc: Commissioner Donna Fiala, District 1, donna.fiala@colliercountyfl.gov
Commissioner Andy Solis, District 2, andy.solis@colliercountyfl.gov
Commissioner Burt L. Saunders, District 3, burt.saunders@colliercountyfl.gov
Commissioner Penny Taylor, District 4, penny.taylor@colliercountyfl.gov
Commissioner William L. McDaniel, Jr., District 5, bill.mcdaniel@colliercountyfl.gov
http://www.waughpa.com/
mailto:donna.fiala@colliercountyfl.gov
mailto:andy.solis@colliercountyfl.gov
mailto:burt.saunders@colliercountyfl.gov
mailto:penny.taylor@colliercountyfl.gov
mailto:bill.mcdaniel@colliercountyfl.gov
Wing South Zoning History 2020_05_29.pdf
Wing South Zoning History 2020_05_29.pdf
2020
Adam Molny
Wing South Inc.
5/29/2020
Wing South Airpark History and Legal Rights
1
CONTENTS
1 Purpose of this Document .............................................................................................................................................. 2
2 Executive Summary ......................................................................................................................................................... 2
3 Background ..................................................................................................................................................................... 3
3.1 Neighborhood Information Meeting ...................................................................................................................... 3
3.2 Planning Commission Meeting ............................................................................................................................... 3
3.2.1 Tract E Easement ............................................................................................................................................. 3
3.2.2 Use of Skyway Drive as a Taxiway ................................................................................................................... 3
4 Collier County Official Records........................................................................................................................................ 3
4.1 Wing South Property Description, Condominium Plat Book 4 page 46 .................................................................. 3
4.2 Wing South Airpark Private Villas Declaration of Condominium, Official Records Book 476 page 304 ................. 3
4.3 Building Permits ...................................................................................................................................................... 4
4.3.1 Exemplar Building Permit and Zoning Review ................................................................................................ 4
5 Collier County Land Development Code and Ordinances ............................................................................................... 4
5.1 LDC 2.03.02(A)(b)(4) Residential Zoning Districts ................................................................................................... 4
5.2 LDC 5.05.13(C)(2)(b) Heliports and Helistops ......................................................................................................... 4
5.3 Shadow Wood PUD Ordinance 82-49 ..................................................................................................................... 4
6 Florida Statute and Legal Opinions ................................................................................................................................. 4
6.1 Operation of Aircraft on Private Roads ................................................................................................................... 4
6.1.1 Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction ............................................................................. 5
6.2 Vested Rights under Florida Law ............................................................................................................................ 5
6.2.1 Florida Supreme Court Case Monroe County v. Ambrose at 866 So.2d ......................................................... 5
7 Exhibit A – Condominium Plat ........................................................................................................................................ 0
8 Exhibit B – Declaration of Condominium ........................................................................................................................ 1
8.1 Wing South Declaration of Condominium, Official Records Book 467 page 304 ................................................... 1
8.2 Declaration of Condominium, Permitted Uses ....................................................................................................... 2
8.3 Declaration of Condominium, Use Restrictions ...................................................................................................... 3
9 Exhibit C – Building Permit with Zoning Approval .......................................................................................................... 4
10 Exhibit D – Collier Land Development Code ............................................................................................................... 5
11 Exhibit E Shadow Wood PUD Ordinance 82-49 .......................................................................................................... 6
12 Exhibit F – Florida Statutes........................................................................................................................................ 10
2
1 PURPOSE OF THIS DOCUMENT
Wing South Airpark was developed in the early 1970’s as a residential airpark. This document traces official
county records, county regulations, Florida state law and common law confirming the explicitly permitted use of
Wing South Airpark as a fly-in community.
2 EXECUTIVE SUMMARY
Wing South was established as a private airpark in 1972. The County has always been aware and supportive of its existence. The County has
consistently granted construction permits for hangar homes in Wing South. These permits represent vested rights under Florida law. Absent an
eminent domain action, the County may not interfere with those rights.
The Shadow Wood PUD, as described in County Ordinance 82-49, specifically declares Tract C of the PUD to be a Private Airpark District. This
includes the Wing South runway, taxiway, airplane parking area, and clubhouse. Obviously, Collier County has supported Wing South for decades.
The Wing South Private Airpark Villas Condominium is zoned as RSF-4 (Residential Single Family). This zoning allows uses that are accessory and
incidental to our permitted use. One such use is operation of aircraft on Skyway Drive. From beginning to end, our Wing South community has
always been properly built, zoned, and placed to allow for the private airpark communities that make Wing South home for several dozen residents.
Wing South owns, manages, and possesses exclusive civil ticketing jurisdiction over Skyway Drive. County and State officials are not authorized to
enforce civil traffic laws or to ticket persons on Skyway Drive. In other words, law enforcement may not legally issue a traffic citation to a pilot for
operating his aircraft on Skyway Drive.
3
3 BACKGROUND
Two developments in late 2019 and early 2020 prompted concern about new threats to our way of life.
3.1 NEIGHBORHOOD INFORMATION MEETING On May 7, 2019 representatives of the owners of Tract E held a Neighborhood Information
Meeting. Residents
were informed that the developers are seeking a revision to the Shadow Wood PUD allowing access west to
Santa Barbara Blvd through existing public roads. The fact that objections were registered at the meeting
meant that the developers would have to go through an approval process with the Planning Commission.
3.2 PLANNING COMMISSION MEETING The Collier County Planning Commission meeting on February 20, 2020 addressed the Tract E owner’s
application for an amendment to the PUD that would allow road access from Tract E onto Adkins, Whitaker,
and Polly Avenues. The commissioners raised several unrelated concerns about Wing South Airpark.
3.2.1 Tract E Easement
The 1986 Settlement Agreement states that Wing South “…shall execute such easements as are reasonably
necessary…” for access to Tract E via Skyway Drive. The applicant does not wish to exercise his right to the
easement due to the inherent danger of mixing cars and airplanes on what would essentially become public
roads.
3.2.2 Use of Skyway Drive as a Taxiway
The commissioners repeatedly asked how airplanes could possibly be allowed on public roads. Chairman
Strain stressed that if the applicant was going to use airplanes on roads as reason for allowing the three new
access points he would have to see the legal basis that allowed planes in the first place.
4 COLLIER COUNTY OFFICIAL RECORDS
4.1 WING SOUTH PROPERTY DESCRIPTION, CONDOMINIUM PLAT BOOK 4 PAGE 46 The condominium plat in Exhibit A depicts the property
site plan. Homes are arranged around both sides of a
“U”-shaped street which also serves as a taxiway for aircraft movement. The plat drawing directly references
the Declaration of Condominium as part of the property description and defined permitted uses. It should be
noted that the platted name was abbreviated to WING SOUTH PRIVATE VILLAS UNIT I. The full name is
WING SOUTH AIRPARK PRIVATE VILLAS UNIT I.
4.2 WING SOUTH AIRPARK PRIVATE VILLAS DECLARATION OF CONDOMINIUM, OFFICIAL RECORDS BOOK 476
PAGE 304 The Declaration of Condominium shown in Exhibit B describes the rules, operating procedures, and permitted
uses for Wing South. As originally envisioned, homes with attached planeports would allow owners to park
their plane at their place of residence. Paragraph 5.1(6) of the Declaration explicitly allows owners to park their
planes within the footprint of their homes.
Paragraph 10.1 states that unit owners are responsible for the actions of their guests in and around taxiing
aircraft. In other words, the Declaration recognizes the inherent danger of taxiing aircraft and requires unit
owners to maintain close control of any guests or visitors.
4
Wing South is able to maintain a high level of safety around moving aircraft because Skyway Drive is a gated
private road. All Wing South unit owners are required to be familiar with the right-of-way rules for aircraft and
are responsible for the behavior of their guests and visitors. The board can enforce these rules by levying fines
and liens against homeowners. If Skyway Drive becomes a publicly accessible thoroughfare it will become
impossible to enforce any sort of safety standard.
4.3 BUILDING PERMITS Since 1972 Collier County has provided building permits and zoning approval for hangar homes at Wing South.
As of April 2020, thirty-four hangar homes and two homes with attached planeports have been built.
4.3.1 Exemplar Building Permit and Zoning Review
A Certificate of Occupancy was issued for 3973 Skyway Drive on January 15, 2020. The building permit
describes the home as “NEW SINGLE FAMILY W/ATTACHED AIRPLANE HANGAR AND PRIVATE
WORKSHOP”. The zoning review was approved on December 14, 2018. See Exhibit C.
5 COLLIER COUNTY LAND DEVELOPMENT CODE AND ORDINANCES
5.1 LDC 2.03.02(A)(B)(4) RESIDENTIAL ZONING DISTRICTS The Wing South Condominium property is zoned as RSF-4. This regulation (Exhibit D)
specifically permits
accessory uses as an “…integral part of a residential development…”. The dual-use private road/taxiway is
integral to the functioning of this airpark community.
5.2 LDC 5.05.13(C)(2)(B) HELIPORTS AND HELISTOPS This regulation (Exhibit D) addresses setback distances between airport operation areas
and residential
homes. It explicitly states that Wing South Airpark is expressly permitted to operate as a private use airport.
5.3 SHADOW WOOD PUD ORDINANCE 82-49 This ordinance (Exhibit E) describes the permitted uses for the land surrounding the Wing South
Airpark
Condominium. Tract C of the PUD is defined as a Private Airpark District. It is specifically designed to support
aviation uses.
Tract E of the PUD is zoned as multi-family residential. Density, yard requirements, setbacks, building height
and other typical zoning requirements are spelled out. Building heights are limited to 45’ and the setback from
the runway edge is 100’.
6 FLORIDA STATUTE AND LEGAL OPINIONS
6.1 OPERATION OF AIRCRAFT ON PRIVATE ROADS Skyway Drive is a gated private road. It serves as both a roadway for vehicles and a
taxiway for aircraft. Road
access is controlled by a gate and signs are posted explaining that aircraft have the right of way over cars. The
question of county jurisdiction over private roads is addressed below.
5
6.1.1 Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction This statute (Exhibit F) states that counties can only exercise jurisdiction over a
private road if the county and
the party controlling the road enter into a written agreement. No such agreement exists between Wing South
Inc. and Collier County.
6.2 VESTED RIGHTS UNDER FLORIDA LAW Collier County has granted certificates of occupancy for 34 hangar homes at Wing South. Each of
these homes
underwent a zoning review by the Zoning Commission. Eighteen of these homes have a taxiway connector
(commonly referred to as a driveway) that provides access from the hangar onto Skyway Drive. The fact that
the County has been approving the construction of these homes for more than four decades clearly establishes
a vested right for both the existing use Wing South as a residential airpark and the use of Skyway Drive as a
shared taxiway and roadway.
6.2.1 Florida Supreme Court Case Monroe County v. Ambrose at 866 So.2d
…Florida common law provides that vested rights may be established only when a property owner or developer has (1)
in good faith reliance, (2) upon some act or omission of government, (3) made such a substantial change in position or
has incurred such extensive obligations and expenses (4) that it would make it highly inequitable to interfere with the
acquired right.
6.2.2. From the Florida Bar Journal Volume 79, No 3, March 2005:
The theory behind vested rights is that "a citizen is entitled to rely on the assurances and
commitments of a zoning authority and if he does, the zoning authority is bound by its
representations."
7 EXHIBIT A – CONDOMINIUM PLAT
This is the original condominium plat filed in 1972.
The official plat directly references the Declaration of Condominium as part of the plat description.
1
8 EXHIBIT B – DECLARATION OF CONDOMINIUM
8.1 WING SOUTH DECLARATION OF CONDOMINIUM, OFFICIAL RECORDS BOOK 467 PAGE 304 Page 1 of the DECLARATION OF
CONDOMINIUM references Exhibit A, which is the Condominium Plat
shown above.
2
8.2 DECLARATION OF CONDOMINIUM, PERMITTED USES The Permitted Uses section 5.1.b(6) explicitly allows storage of airplanes within Family
Living Units:
[Excerpted from section 5 of Declaration of Condominium above]
5. Maintenance, alteration and improvement. Responsibility for the maintenance of
the condominium property, and restrictions upon its alteration and improvement,
shall be as follows:
5.1 Family Living Units.
b. By the family living unit owner. The responsibility of the family
living unit owner shall be as follows:
(6) Not to permit any vehicles used for commercial purposes or
swamp buggys, beach buggys, stock cars, or other vehicles not
normally used for highway travel. Boats or boat trailers shall
not be permitted unless enclosed in a garage or other suitable
structure so that they will not be visible. Aircraft may be
parked on individual family living unit if there is constructed
thereon a planeport, the design of which was previously approved
by the Association. No aircraft shall be allowed on the family
unit which does not have an approved planeport.
3
8.3 DECLARATION OF CONDOMINIUM, USE RESTRICTIONS The second paragraph of section 10.1 states that unit owners are responsible for the
actions of their guests,
especially those under age 16, and highlights the inherent danger of taxiing aircraft.
[Excerpted from section 10 of Declaration of Condominium above]
10. Use Restrictions
10.1 [second paragraph] All owners of a family living unit with a planeport
or near a taxiway or parking area where other family living unit owners have
planeports, where aircraft would taxi to said planeport, must be 16 years of
age. The family living unit owner is responsible to the Association for any
young individual whom they may have as a guest and for said guest’s actions
as to the dangers involved in moving aircraft. Further, the family living
unit owner who has a unit on or near the above mentioned taxiing aircraft
shall be responsible for guests of any age. No person under 16 years of age
shall be on the runway, taxiway, shall cross either of the aforementioned or
be in the administration building without being accompanied by a responsible
adult over the age of 21 years.
4
9 EXHIBIT C – BUILDING PERMIT WITH ZONING APPROVAL
5
10 EXHIBIT D – COLLIER LAND DEVELOPMENT CODE
Collier Land Development Code 2.03.02 (A)(b)(4) - Residential Zoning Districts
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6) b. Accessory Uses.
4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site
development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course,
clubhouse, community center building and tennis facilities, parks , playgrounds and playfields.
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZO
DIPEUSACUSCOUS_2.03.02REZODI
Collier Land Development Code 5.05.13 (C)(2)(b) Heliports and Helistops
C. Site Limitations and Criteria.
B. Definitions.
1. FATO: The designated "final approach and takeoff" area for helicopter operations. A defined area over which the final phase of the approach to a
hover, or a landing is complete and from which the takeoff is initiated. This term is identical to that defined at Rule 14-60.003(2)(b)8, Florida
Administrative Code, and Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.
2. Private Use Heliports.
b. The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit
development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow
Wood PUD and the Wing South Airpark Condominium).
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUS TSPUS_5.05.13HEHE
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZODIPEUSACUSCOUS_2.03.02REZODI
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZODIPEUSACUSCOUS_2.03.02REZODI
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUSTSPUS_5.05.13HEHE
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUSTSPUS_5.05.13HEHE
6
11 EXHIBIT E SHADOW WOOD PUD ORDINANCE 82-49
Paragraph 4.3 describes the zoning for Tracts A & E
7
Continuation of Tract E description:
8
Tract C Description:
9
Continuation of Tract C Description:
10
12 EXHIBIT F – FLORIDA STATUTES
Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction 316.006 Jurisdiction.—Jurisdiction to control traffic is vested as follows:
(3) COUNTIES.— (b) A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or
controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such
road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or
roads encompassed by such agreement.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300- 0399/0316/Sections/0316.006.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.006.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.006.html
Phone call w/ Anne Daley re: Shadowwood PUD/Wing South
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
During the February 20, 2020 Planning Commission discussion of Petition PL20190000259 to amend the Shadowwood PUD, a question arose
regarding the operation of Wing South as an Airpark. This question regarding our rights as an Airpark is of concern to our community.
As a result, we engaged legal counsel to document these rights and wanted to share the results with you.
Anne Daley
President
Wing South, Inc.
516-455-2782
Wing South Zoning History 2020_05_29.pdf
Wing South Zoning History 2020_05_29.pdf
2020
Adam Molny
Wing South Inc.
5/29/2020
Wing South Airpark History and Legal Rights
1
CONTENTS
1 Purpose of this Document .............................................................................................................................................. 2
2 Executive Summary ......................................................................................................................................................... 2
3 Background ..................................................................................................................................................................... 3
3.1 Neighborhood Information Meeting ...................................................................................................................... 3
3.2 Planning Commission Meeting ............................................................................................................................... 3
3.2.1 Tract E Easement ............................................................................................................................................. 3
3.2.2 Use of Skyway Drive as a Taxiway ................................................................................................................... 3
4 Collier County Official Records........................................................................................................................................ 3
4.1 Wing South Property Description, Condominium Plat Book 4 page 46 .................................................................. 3
4.2 Wing South Airpark Private Villas Declaration of Condominium, Official Records Book 476 page 304 ................. 3
4.3 Building Permits ...................................................................................................................................................... 4
4.3.1 Exemplar Building Permit and Zoning Review ................................................................................................ 4
5 Collier County Land Development Code and Ordinances ............................................................................................... 4
5.1 LDC 2.03.02(A)(b)(4) Residential Zoning Districts ................................................................................................... 4
5.2 LDC 5.05.13(C)(2)(b) Heliports and Helistops ......................................................................................................... 4
5.3 Shadow Wood PUD Ordinance 82-49 ..................................................................................................................... 4
6 Florida Statute and Legal Opinions ................................................................................................................................. 4
6.1 Operation of Aircraft on Private Roads ................................................................................................................... 4
6.1.1 Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction ............................................................................. 5
6.2 Vested Rights under Florida Law ............................................................................................................................ 5
6.2.1 Florida Supreme Court Case Monroe County v. Ambrose at 866 So.2d ......................................................... 5
7 Exhibit A – Condominium Plat ........................................................................................................................................ 0
8 Exhibit B – Declaration of Condominium ........................................................................................................................ 1
8.1 Wing South Declaration of Condominium, Official Records Book 467 page 304 ................................................... 1
8.2 Declaration of Condominium, Permitted Uses ....................................................................................................... 2
8.3 Declaration of Condominium, Use Restrictions ...................................................................................................... 3
9 Exhibit C – Building Permit with Zoning Approval .......................................................................................................... 4
10 Exhibit D – Collier Land Development Code ............................................................................................................... 5
11 Exhibit E Shadow Wood PUD Ordinance 82-49 .......................................................................................................... 6
12 Exhibit F – Florida Statutes........................................................................................................................................ 10
2
1 PURPOSE OF THIS DOCUMENT
Wing South Airpark was developed in the early 1970’s as a residential airpark. This document traces official
county records, county regulations, Florida state law and common law confirming the explicitly permitted use of
Wing South Airpark as a fly-in community.
2 EXECUTIVE SUMMARY
Wing South was established as a private airpark in 1972. The County has always been aware and supportive of its existence. The County has
consistently granted construction permits for hangar homes in Wing South. These permits represent vested rights under Florida law. Absent an
eminent domain action, the County may not interfere with those rights.
The Shadow Wood PUD, as described in County Ordinance 82-49, specifically declares Tract C of the PUD to be a Private Airpark District. This
includes the Wing South runway, taxiway, airplane parking area, and clubhouse. Obviously, Collier County has supported Wing South for decades.
The Wing South Private Airpark Villas Condominium is zoned as RSF-4 (Residential Single Family). This zoning allows uses that are accessory and
incidental to our permitted use. One such use is operation of aircraft on Skyway Drive. From beginning to end, our Wing South community has
always been properly built, zoned, and placed to allow for the private airpark communities that make Wing South home for several dozen residents.
Wing South owns, manages, and possesses exclusive civil ticketing jurisdiction over Skyway Drive. County and State officials are not authorized to
enforce civil traffic laws or to ticket persons on Skyway Drive. In other words, law enforcement may not legally issue a traffic citation to a pilot for
operating his aircraft on Skyway Drive.
3
3 BACKGROUND
Two developments in late 2019 and early 2020 prompted concern about new threats to our way of life.
3.1 NEIGHBORHOOD INFORMATION MEETING On May 7, 2019 representatives of the owners of Tract E held a Neighborhood Information
Meeting. Residents
were informed that the developers are seeking a revision to the Shadow Wood PUD allowing access west to
Santa Barbara Blvd through existing public roads. The fact that objections were registered at the meeting
meant that the developers would have to go through an approval process with the Planning Commission.
3.2 PLANNING COMMISSION MEETING The Collier County Planning Commission meeting on February 20, 2020 addressed the Tract E owner’s
application for an amendment to the PUD that would allow road access from Tract E onto Adkins, Whitaker,
and Polly Avenues. The commissioners raised several unrelated concerns about Wing South Airpark.
3.2.1 Tract E Easement
The 1986 Settlement Agreement states that Wing South “…shall execute such easements as are reasonably
necessary…” for access to Tract E via Skyway Drive. The applicant does not wish to exercise his right to the
easement due to the inherent danger of mixing cars and airplanes on what would essentially become public
roads.
3.2.2 Use of Skyway Drive as a Taxiway
The commissioners repeatedly asked how airplanes could possibly be allowed on public roads. Chairman
Strain stressed that if the applicant was going to use airplanes on roads as reason for allowing the three new
access points he would have to see the legal basis that allowed planes in the first place.
4 COLLIER COUNTY OFFICIAL RECORDS
4.1 WING SOUTH PROPERTY DESCRIPTION, CONDOMINIUM PLAT BOOK 4 PAGE 46 The condominium plat in Exhibit A depicts the property
site plan. Homes are arranged around both sides of a
“U”-shaped street which also serves as a taxiway for aircraft movement. The plat drawing directly references
the Declaration of Condominium as part of the property description and defined permitted uses. It should be
noted that the platted name was abbreviated to WING SOUTH PRIVATE VILLAS UNIT I. The full name is
WING SOUTH AIRPARK PRIVATE VILLAS UNIT I.
4.2 WING SOUTH AIRPARK PRIVATE VILLAS DECLARATION OF CONDOMINIUM, OFFICIAL RECORDS BOOK 476
PAGE 304 The Declaration of Condominium shown in Exhibit B describes the rules, operating procedures, and permitted
uses for Wing South. As originally envisioned, homes with attached planeports would allow owners to park
their plane at their place of residence. Paragraph 5.1(6) of the Declaration explicitly allows owners to park their
planes within the footprint of their homes.
Paragraph 10.1 states that unit owners are responsible for the actions of their guests in and around taxiing
aircraft. In other words, the Declaration recognizes the inherent danger of taxiing aircraft and requires unit
owners to maintain close control of any guests or visitors.
4
Wing South is able to maintain a high level of safety around moving aircraft because Skyway Drive is a gated
private road. All Wing South unit owners are required to be familiar with the right-of-way rules for aircraft and
are responsible for the behavior of their guests and visitors. The board can enforce these rules by levying fines
and liens against homeowners. If Skyway Drive becomes a publicly accessible thoroughfare it will become
impossible to enforce any sort of safety standard.
4.3 BUILDING PERMITS Since 1972 Collier County has provided building permits and zoning approval for hangar homes at Wing South.
As of April 2020, thirty-four hangar homes and two homes with attached planeports have been built.
4.3.1 Exemplar Building Permit and Zoning Review
A Certificate of Occupancy was issued for 3973 Skyway Drive on January 15, 2020. The building permit
describes the home as “NEW SINGLE FAMILY W/ATTACHED AIRPLANE HANGAR AND PRIVATE
WORKSHOP”. The zoning review was approved on December 14, 2018. See Exhibit C.
5 COLLIER COUNTY LAND DEVELOPMENT CODE AND ORDINANCES
5.1 LDC 2.03.02(A)(B)(4) RESIDENTIAL ZONING DISTRICTS The Wing South Condominium property is zoned as RSF-4. This regulation (Exhibit D)
specifically permits
accessory uses as an “…integral part of a residential development…”. The dual-use private road/taxiway is
integral to the functioning of this airpark community.
5.2 LDC 5.05.13(C)(2)(B) HELIPORTS AND HELISTOPS This regulation (Exhibit D) addresses setback distances between airport operation areas
and residential
homes. It explicitly states that Wing South Airpark is expressly permitted to operate as a private use airport.
5.3 SHADOW WOOD PUD ORDINANCE 82-49 This ordinance (Exhibit E) describes the permitted uses for the land surrounding the Wing South
Airpark
Condominium. Tract C of the PUD is defined as a Private Airpark District. It is specifically designed to support
aviation uses.
Tract E of the PUD is zoned as multi-family residential. Density, yard requirements, setbacks, building height
and other typical zoning requirements are spelled out. Building heights are limited to 45’ and the setback from
the runway edge is 100’.
6 FLORIDA STATUTE AND LEGAL OPINIONS
6.1 OPERATION OF AIRCRAFT ON PRIVATE ROADS Skyway Drive is a gated private road. It serves as both a roadway for vehicles and a
taxiway for aircraft. Road
access is controlled by a gate and signs are posted explaining that aircraft have the right of way over cars. The
question of county jurisdiction over private roads is addressed below.
5
6.1.1 Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction This statute (Exhibit F) states that counties can only exercise jurisdiction over a
private road if the county and
the party controlling the road enter into a written agreement. No such agreement exists between Wing South
Inc. and Collier County.
6.2 VESTED RIGHTS UNDER FLORIDA LAW Collier County has granted certificates of occupancy for 34 hangar homes at Wing South. Each of
these homes
underwent a zoning review by the Zoning Commission. Eighteen of these homes have a taxiway connector
(commonly referred to as a driveway) that provides access from the hangar onto Skyway Drive. The fact that
the County has been approving the construction of these homes for more than four decades clearly establishes
a vested right for both the existing use Wing South as a residential airpark and the use of Skyway Drive as a
shared taxiway and roadway.
6.2.1 Florida Supreme Court Case Monroe County v. Ambrose at 866 So.2d
…Florida common law provides that vested rights may be established only when a property owner or developer has (1)
in good faith reliance, (2) upon some act or omission of government, (3) made such a substantial change in position or
has incurred such extensive obligations and expenses (4) that it would make it highly inequitable to interfere with the
acquired right.
6.2.2. From the Florida Bar Journal Volume 79, No 3, March 2005:
The theory behind vested rights is that "a citizen is entitled to rely on the assurances and
commitments of a zoning authority and if he does, the zoning authority is bound by its
representations."
7 EXHIBIT A – CONDOMINIUM PLAT
This is the original condominium plat filed in 1972.
The official plat directly references the Declaration of Condominium as part of the plat description.
1
8 EXHIBIT B – DECLARATION OF CONDOMINIUM
8.1 WING SOUTH DECLARATION OF CONDOMINIUM, OFFICIAL RECORDS BOOK 467 PAGE 304 Page 1 of the DECLARATION OF
CONDOMINIUM references Exhibit A, which is the Condominium Plat
shown above.
2
8.2 DECLARATION OF CONDOMINIUM, PERMITTED USES The Permitted Uses section 5.1.b(6) explicitly allows storage of airplanes within Family
Living Units:
[Excerpted from section 5 of Declaration of Condominium above]
5. Maintenance, alteration and improvement. Responsibility for the maintenance of
the condominium property, and restrictions upon its alteration and improvement,
shall be as follows:
5.1 Family Living Units.
b. By the family living unit owner. The responsibility of the family
living unit owner shall be as follows:
(6) Not to permit any vehicles used for commercial purposes or
swamp buggys, beach buggys, stock cars, or other vehicles not
normally used for highway travel. Boats or boat trailers shall
not be permitted unless enclosed in a garage or other suitable
structure so that they will not be visible. Aircraft may be
parked on individual family living unit if there is constructed
thereon a planeport, the design of which was previously approved
by the Association. No aircraft shall be allowed on the family
unit which does not have an approved planeport.
3
8.3 DECLARATION OF CONDOMINIUM, USE RESTRICTIONS The second paragraph of section 10.1 states that unit owners are responsible for the
actions of their guests,
especially those under age 16, and highlights the inherent danger of taxiing aircraft.
[Excerpted from section 10 of Declaration of Condominium above]
10. Use Restrictions
10.1 [second paragraph] All owners of a family living unit with a planeport
or near a taxiway or parking area where other family living unit owners have
planeports, where aircraft would taxi to said planeport, must be 16 years of
age. The family living unit owner is responsible to the Association for any
young individual whom they may have as a guest and for said guest’s actions
as to the dangers involved in moving aircraft. Further, the family living
unit owner who has a unit on or near the above mentioned taxiing aircraft
shall be responsible for guests of any age. No person under 16 years of age
shall be on the runway, taxiway, shall cross either of the aforementioned or
be in the administration building without being accompanied by a responsible
adult over the age of 21 years.
4
9 EXHIBIT C – BUILDING PERMIT WITH ZONING APPROVAL
5
10 EXHIBIT D – COLLIER LAND DEVELOPMENT CODE
Collier Land Development Code 2.03.02 (A)(b)(4) - Residential Zoning Districts
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6) b. Accessory Uses.
4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site
development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course,
clubhouse, community center building and tennis facilities, parks , playgrounds and playfields.
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZO
DIPEUSACUSCOUS_2.03.02REZODI
Collier Land Development Code 5.05.13 (C)(2)(b) Heliports and Helistops
C. Site Limitations and Criteria.
B. Definitions.
1. FATO: The designated "final approach and takeoff" area for helicopter operations. A defined area over which the final phase of the approach to a
hover, or a landing is complete and from which the takeoff is initiated. This term is identical to that defined at Rule 14-60.003(2)(b)8, Florida
Administrative Code, and Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.
2. Private Use Heliports.
b. The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit
development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow
Wood PUD and the Wing South Airpark Condominium).
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUS TSPUS_5.05.13HEHE
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZODIPEUSACUSCOUS_2.03.02REZODI
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH2ZODIUS_2.03.00ZODIPEUSACUSCOUS_2.03.02REZODI
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUSTSPUS_5.05.13HEHE
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.05.00SUSTSPUS_5.05.13HEHE
6
11 EXHIBIT E SHADOW WOOD PUD ORDINANCE 82-49
Paragraph 4.3 describes the zoning for Tracts A & E
7
Continuation of Tract E description:
8
Tract C Description:
9
Continuation of Tract C Description:
10
12 EXHIBIT F – FLORIDA STATUTES
Florida Motor Vehicles Statute 316.006(3)(b) Jurisdiction 316.006 Jurisdiction.—Jurisdiction to control traffic is vested as follows:
(3) COUNTIES.— (b) A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or
controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such
road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or
roads encompassed by such agreement.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300- 0399/0316/Sections/0316.006.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.006.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.006.html
Wing South Cover Letter to BCC 2020_05_29.pdf
Wing South Cover Letter to BCC 2020_05_29.pdf
WAUGH LAW, P.A. ATTORNEYS AT LAW
PHONE: 321-800-6008 FAX: 844-206-0245 WAUGHPA.COM
CHRISTIAN W. WAUGH MORGAN FAYOCAVITZ
EMAIL: CWAUGH@WAUGHPA.COM
Orlando office 321 N. Crystal Lake Drive, Ste. 207
Orlando, FL 32803 (Primary Office)
The Villages office 561 Fieldcrest Drive
The Villages, FL 32162 (By Appointment Only)
May 29, 2020
Via Email and U.S. Mail
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
RE: Validity of Wing South Airpark’s Rights as an Airpark
Dear Commissioners,
My name is Christian Waugh and I am an attorney who represents Wing South, Inc., one
of Florida’s oldest private, residential airparks. Recently, Wing South has come under some
scrutiny due to a developer’s desire to gain public access to a new development. The alternative to
such access is to force the public to travel on private roads with airplanes. To put it mildly, this
would endanger the public, to say nothing of the special Wing South community that has been
there since the 1970s.
My client has prepared a comprehensive presentation for you regarding the history,
development, and legality of Wing South in Collier County. I have reviewed and endorsed it. I
want to share with you the Executive Summary here:
• Wing South was established as a private airpark in 1972. The County has always been aware and supportive of its existence. The County has
consistently granted
construction permits for hangar homes in Wing South. These permits represent
vested rights under Florida law. Absent an eminent domain action, the County may
not interfere with those rights.
• The Shadow Wood PUD, as described in County Ordinance 82-49, specifically declares Tract C of the PUD to be a Private Airpark District. This
includes the Wing
South runway, taxiway, airplane parking area, and clubhouse. Obviously, Collier
County has supported Wing South for decades.
• The Wing South Private Airpark Villas Condominium is zoned as RSF-4 (Residential Single Family). This zoning allows uses that are accessory
and
incidental to our permitted use. One such use is operation of aircraft on Skyway
Drive. From beginning to end, our Wing South community has always been
properly built, zoned, and placed to allow for the private airpark communities that
make Wing South home for several dozen residents.
• Wing South owns, manages, and possesses exclusive civil ticketing jurisdiction over Skyway Drive. County and State officials are not authorized
to enforce civil
mailto:cwaugh@waughpa.com
(T) 321-800-6008 ▪ (F) 844-206-0245 ▪ www.waughpa.com
traffic laws or to ticket persons on Skyway Drive. In other words, law enforcement
may not legally issue a traffic citation to a pilot for operating his aircraft on Skyway
Drive.
From a legal perspective, Wing South is special, but not necessarily unique. Several similar
communities exist in Florida, such as John Travolta’s Jumbolair community in Ocala, Fla. These
communities usually go to extreme lengths to make sure that what they do is legal and guaranteed
under the laws of the municipality, county, and state where they are located. In Wing South’s case,
Wing South has been meticulous in obtaining all approvals necessary to operate both its runway
and Skyway Drive as a shared private thoroughfare for planes and cars—but only those with a
right to be in the neighborhood.
Opening up Skyway Drive would invite public disasters for the residents of Collier County
and destroy the fabric of one of the most interesting neighborhoods in the County. The developer
does not want that. Wing South does not want that. The County hopefully does not want that.
Thank you for your time and I invite you to please review the attached presentation by Wing
South.
Sincerely,
/s/Christian W. Waugh
CHRISTIAN W. WAUGH
CWW/rw
Encls.
cc: Commissioner Donna Fiala, District 1, donna.fiala@colliercountyfl.gov
Commissioner Andy Solis, District 2, andy.solis@colliercountyfl.gov
Commissioner Burt L. Saunders, District 3, burt.saunders@colliercountyfl.gov
Commissioner Penny Taylor, District 4, penny.taylor@colliercountyfl.gov
Commissioner William L. McDaniel, Jr., District 5, bill.mcdaniel@colliercountyfl.gov
http://www.waughpa.com/
mailto:donna.fiala@colliercountyfl.gov
mailto:andy.solis@colliercountyfl.gov
mailto:burt.saunders@colliercountyfl.gov
mailto:penny.taylor@colliercountyfl.gov
mailto:bill.mcdaniel@colliercountyfl.gov
Meet w/ Rich Yovanovich & Bill Barton re: Shadowwood PUD
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
Call w/ Sue & Keith Orschell, Rob Buckley re: Shadowwood PUD
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
BCC Shadowwood PUD agenda item
From
East Naples Civic Association
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or
clicking links.
Good afternoon Commissioner Fiala,
Please see attached letter from The East Naples Civic Association Board of Directors regarding the Shadowwood PUD amendment on your agenda
this week.
Thank you,
Steve Jaron
President East Naples Civic Association, Inc. PMB #49 8595 Collier Blvd, #107 Naples, FL 34114 239-434-1967 http://www.eastnaplescivic.com/
ENCA_Shadowwood_PUD_BCC_Letter_Fiala.pdf
ENCA_Shadowwood_PUD_BCC_Letter_Fiala.pdf
PMB #49 8595 Collier Blvd., Suite 107 Naples, FL 34114-3556 www.eastnaplescivic.com • info@eastnaplescivic.com • (239) 434-1967
June 6, 2020
Dear Commissioner Fiala,
You have a PUD amendment (PL20190000259) on your agenda for Shadowwood. They are asking for three ingress/egress on the west side of the
PUD because WingSouth put a gate up for a RSF-4 single-family condominium community that is not in the PUD and now cannot get to the 77 acres
not yet developed in the PUD. This PUD has been around since 1982 and access in and out has always been Rattlesnake-Hammock Rd. The
roadways they want to access for their gated community are rural with mostly 2.5 to 5 and 10 acre properties zoned agricultural and totals
approximately 400+ acres. They are located off Santa Barbara between Rattle- snake and Davis. Some of these roads are not paved and none have
sidewalks nor streetlights. There is a county limited maintenance agreement for these roadways and some ownership is in question.
At the Planning Commission no one (owners, county, owner attorney) seemed to be able to answer many questions such as who authorized the
gate, why is the runway in the PUD but the homes that use it are not in the PUD, how did RSF-4 get permits to build hangars and drive airplanes on
the roadway, why would the county permit a gate to landlock the rest of the PUD without addressing the landlock issue.
This is wrong. Why would we allow a gated community of 77+/- acres with 238 (county says) or 364 (owner says) units vehicle access for 200+
peak hour two-way trips on rural agricultural roads going through these people's neighborhood. And this is all in the name of a gate that landlocked
the property? And airplanes using roadway? The argument could be it's been for many years...and we would agree it has been. But we cannot
punish the people that never dreamed there'd be a gated community exiting through their properties. And if we did give them access, why would we
give them carte blanche to three roadways? Why would we not wait until they have more plans in place and a site plan to see exactly what it is
they want to build and how and what neighbors they will impact.
And here's another reason not to approve this. There is a developer that has solicited many of the property owners on Sunset Blvd and Sandy Lane
and has contracts to purchase those properties and build another gated community. The ones that do not want to sell...he said he'll give them
access to their driveway. Really?
Need more? What about safety? Look what happened on St. Andrews Blvd. when the road opened up to more traffic...and they have sidewalks and
street lights, none of these roads have sidewalks or streetlights nor are they wide enough at just 18'. And when they pull out onto Santa Barbara
and want to head south (to St. Andrews??) they will have to do u-turns with all the other gated commu- nities being built along Santa Barbara now
and in the future.
What about conservation and nature? These properties are as close as you can get to conserving land privately.
And what about the millions of dollars just spent on the water management Lasip canal at the end of Adkins where the planning commission
approved one of their ingress/egress requests. Would the County pay to move it? Then sell that land to the developers so they can access Adkins?
They were told they would not be required to do any road improvements even though they offered, but were told not necessary.
So before you approve anything in this area, more research and possibly a study needs to be done to determine if you want to conserve the whole
block of over 400 acres of rural lands and homes or tear it all down and put in gated communities and new roads. This is a small area and very
similar to the Estates. We do not have much of this type land left in this part of the county and so are we going to tell the people living there, their
lifestyle is over. You can stay as long as you like but there will be walls and gates around you.
Sincerely, Steve Jaron ENCA President
Hyde Park Village SRA
From
Richard Yovanovich
To
FialaDonna
Cc
Michael Greenberg; 'Bob Mulhere'
Recipients
Donna.Fiala@colliercountyfl.gov; mgreenberg@greenberggroupllc.com; BobMulhere@hmeng.com
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or
clicking links.
Hi Donna,
Thank you for meeting with Michael Greenberg, Bob Mulhere and me regarding the proposed Hyde Park Village to be developed by Neal
Communities. This item is on the June 9 BCC agenda. I need to clarify one item that we discussed. The project includes multifamily units which are
rental apartments. The multi-family units are not for sale. The $158,000 price we discussed is actually ad valorem tax value not the sales price.
The ad valorem tax value is used as part of the fiscal neutrality analysis.
Please let me know if you have any questions.
Thanks,
Rich
Richard D. Yovanovich, Esq.
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239.435.3535| F: 239.435.1218
ryovanovich@cyklawfirm.com
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Meet w/ Rich Yovanovich, Mike Greenberg and Bob Mulhere re: Hyde
Park
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov