Solis - Ex ParteEx parte Items – Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
May 26, 2020
ADVERTISED PUBLIC HEARINGS
None
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of 7-Eleven #1045471, Application Number
PL20190002953.
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Greyhawk Model Center Replat, Application
Number PL20200000169.
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
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 landin g 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 wit hin 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
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
From:Anne Daley
To:SolisAndy
Subject:Wing South Airpark - Important Documents and Meeting Request
Date:Monday, June 1, 2020 9:37:56 AM
Attachments:Wing South Cover Letter to BCC 2020_05_29.pdf
Wing South Zoning History 2020_05_29.pdf
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 Solis,
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
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 Solis,
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
1
SolisAndy
Subject:Shadowwood PUD / Wing South; Anne Daley
Location:North Collier Government Center
Start:Tue 2/18/2020 9:30 AM
End:Tue 2/18/2020 10:00 AM
Recurrence:(none)
Organizer:SolisAndy
Categories:North Naples Office
Good Morning Commissioner Solis,
I am requesting a meeting with you regarding the above subject at your earliest convenience.
There is a Planning Commission meeting on February 20 regarding this topic and I have been informed that Chairman
Mark Strain has asked the lawyers for Tract E to pursue legal authority to enter Tract E of the Shadowwood PUD via
Wing South. This is purportedly the reason that the Shadowwood agenda item has been continued
twice. Neighborhood Information Meetings, Planning Commission agendas and materials never addressed this
approach.
As President of Wing South, I would appreciate the opportunity to discuss this matter with you.
Regards,
Anne Daley
President, Wing South Inc.
516-455-2782
1
SolisAndy
Subject:Anne Daley - 516-455-2782: Wing South Airpark, Shadowwood
Location:phone call - you call her
Start:Thu 6/4/2020 10:00 AM
End:Thu 6/4/2020 10:30 AM
Recurrence:(none)
Meeting Status:Meeting organizer
Organizer:SolisAndy
Required Attendees:andy@cemanet.org
Categories:Phone Call
------------
From: Anne Daley <adaley01@gmail.com>
Sent: Monday, June 1, 2020 9:38 AM
To: SolisAndy
Subject: Wing South Airpark - Important Documents and Meeting Request
Attachments: Wing South Cover Letter to BCC 2020_05_29.pdf; Wing South Zoning History
2020_05_29.pdf
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 Solis,
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.
Narrative:
We, Suzanne Orschell, Keith Orschell and Rob Buckley, represent residents of Adkins Avenue, who are
speaking with you today regarding the ShadowWood PUD (PL20190000259). Adkins Avenue is one of
the streets that ShadowWood proposes to use as ingress/egress for its development – to which we object.
We have attached a number of items to further explain.
1. Settlement Agreement dated December 2, 1985 (Exhibit 1): This agreement between Rookery
and Wing South Limited (Naples) is an eight-page document plus map which outlines the
responsibilities between parties. Specifically, on page 5., the parties establish mutual easements
for water, sewer, electrical power, cable tv, ingress and egress, to include right of way for ingress
and egress by vehicles or on foot, in, through over, under and across the streets, roads and walks.
Also detailed are rights to connect and maintain use of utility lines, wires, pipes, conduits, cable
tv lines, sewers and drainage lines. A map is attached which shows the layout of the entire
property, with ShadowWood (Tract E) at the north, exiting through Wing South to Rattlesnake
Hammock Road.
2. Memo from Growth Management Dated February 10, 2017 (Exhibits 2 and 3): This includes a
Master Site Plan, clearing and erosion control plan, master drainage plan and grading and paving
plan done by GradyMinor for the ShadowWood PUD. The development clearly exits to the south
(Rattlesnake Hammock Road) and was valid as of February 10, 2017. ShadowWood had every
intention to exit to Rattlesnake Hammock Road as recently as February 2017.
3. ShadowWood PUD Master Plan – Hagen Engineering (Exhibits 4, 5 and 6): Adkins Avenue is
represented as linking directly with Santa Barbara Boulevard. It does not. This was
misrepresented at the Planning Commission meeting of February 20, 2020. In addition, Mr.
Hagen proposed preliminary traffic numbers of 100 cars at peak traffic hours for the three access
points. How much reliance can be placed on those numbers since Mr. Hagen is not a traffic
engineer. Hagen Master Plan shows a section of RSF-4 in Wing South. It is through that area
that the ShadowWood PUD was originally supposed to exit. Hagen Engineering’s Neighborhood
Exhibit of 02/06/19 shows two north/south directional arrows from the PUD into the RSF-4. The
RSF-4 section wraps around part of Tract C, like a horseshoe. Several of the homes on the north
and west sides of the RSF-4 section have built in airplane hangars. These owners use Skyway
Drive to move their aircraft to the runway, which results in both planes and motor vehicles using
the same space. It was noted in the Planning Commission meeting of February 20, 2020 that
airplanes are not a permitted use in RSF-4 zoning. Wing South is using the argument that they
can’t allow traffic to move south through their neighborhood because of plane traffic. However,
the zoning for RSF-4 does not permit aircraft.
4. Proposed access points (Exhibit 7): ShadowWood PUD is requesting three access points –
Adkins Avenue, Whitaker Road and Polly Avenue, while eliminating access to Rattlesnake
Hammock Road. Exhibit 7 shows a layout of Sunset Estates Roads, those that are paved and those
that are still lime rock. Whitaker Road was recently paved for the first time, using the County’s
Lime Rock Road Conversion Program. The paving of Adkins Avenue in the mid 1990s was paid
for by the residents. Adkins, from Sunset to Polly, was resurfaced in 2017 but Adkins from Polly
to the dead end has never been resurfaced. According to Mike Sawyer of Roads and Bridges,
these roads are up to County standards for the ShadowWood PUD and need no improvements.
However, Adkins has no sidewalks or streetlights. There are drainage swales on both sides of
Adkins from Sunset to Polly. The current width of the road at 6266 Adkins is about 21 feet, just
enough room for two vehicles to pass.
SUMMARY: Sunset Estates and Wing South were both created by realtor Dewey Polly in the
mid-1970s. The Orschells purchased in 1976, the Buckleys in 1993, never anticipating that
Adkins could be anything but a dead-end street. Adkins Avenue currently ends at the LASIP
fence that is the west border of the Wing South property. Although we live next to Wing South,
there never has been access into it. Wing South and SD Corporation have a long-standing
commitment to each other by virtue of the 1985 Settlement Agreement. As of today, there is no
document or agreement to prevent ShadowWood from accessing Rattlesnake Hammock Road
through Wing South. Mr. Yovanovitch indicated in a recent meeting that he could legally push
for access south to Rattlesnake Hammock Road; there is nothing to preclude that action. The
PUD amendment requested by SD Corporation has now pitted neighborhood against
neighborhood. It is not neighborly that we be the sole recipient of the traffic from the PUD. The
PUD currently only requires one access. If it must have two, then use Whitaker Road since it
directly connects to Santa Barbara Boulevard. If absolutely needed, Polly Avenue is the other
access. Wing South should not make us the solution for a situation they created. Take Adkins off
the table and leave our dead-end street as is.
1
SolisAndy
Subject:ZOOM Meeting w/Commissioner Solis re: Shadowwood
Location:Zoom Link/Information Below
Start:Tue 6/2/2020 1:30 PM
End:Tue 6/2/2020 2:00 PM
Recurrence:(none)
Meeting Status:Accepted
Organizer:Richard Yovanovich
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.
MOVED DUE TO SPECIAL COMMISSIONER MEETING IN MORNING
Coleman, Yovanovich & Koester is inviting you to a scheduled Zoom meeting.
Topic: RDY - Shadowwood
Time: Jun 2, 2020 10:30 AM Eastern Time (US and Canada)
Join Zoom Meeting
https://zoom.us/j/99497819669?pwd=bU9NZFFiS1c2eXJGM05rZFVkOTB6Zz09
Meeting ID: 994 9781 9669
Password: 857822
One tap mobile
+13126266799,,99497819669#,,1#,857822# US (Chicago)
+19292056099,,99497819669#,,1#,857822# US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Germantown)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
Meeting ID: 994 9781 9669
Password: 857822
Find your local number: https://zoom.us/u/acXJz6ZT0l
1
SolisAndy
Subject:YOU CALL THEM: 239-248-9197 - Keith & Suzanne Orschell, Shadow Wood PUD
Location:phone call
Start:Mon 3/23/2020 2:00 PM
End:Mon 3/23/2020 2:30 PM
Recurrence:(none)
Meeting Status:Meeting organizer
Organizer:SolisAndy
Required Attendees:Andrew I. Solis
Categories:Phone Call
My husband Keith and I would like to make an appointment to meet with Commissioner Solis regarding the Shadow
Wood PUD (PL20190000259). We believe that this will come before the Board of Commissioners on March 24. You are
welcome to reach me on my cell () to schedule, if that is preferable.
Thank you for your assistance,
Suzanne Orschell
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 t hat
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
(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
1
SolisAndy
Subject:YOU CALL THEM: 239-248-9197 - Rob Buckley, Keith & Suzanne Orschell, Shadow
Wood PUD
Location:phone call
Start:Mon 6/8/2020 1:30 PM
End:Mon 6/8/2020 2:00 PM
Recurrence:(none)
Meeting Status:Meeting organizer
Organizer:SolisAndy
Required Attendees:Andrew I. Solis
My husband Keith and I would like to make an appointment to meet with Commissioner Solis regarding the Shadow
Wood PUD (PL20190000259).
Attached please find the documents that we plan to discuss with Commissioner Solis during our conference call on
Monday, March 23, at 2:00 p.m. Exhibit 1 consists of 9 pages, Exhibit 2 is 33 pages and the remainder of the exhibits are
1 page each. The narrative is 2 pages. Again, the phone number to use is my cell, which is 239-248-9197. Present on
our end will be my neighbor Rob Buckley, my husband Keith and me.
Thank you for your assistance,
Suzanne Orschell
GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT REVIEW DIVISION
MEMORANDUM
TO: Joe Bianchi
Inspections Supervisor
FROM John R. Houldsworth Converted to
Senior Site Plans Reviewer Electronic Record
RE: Subdivision Improvement Inspection
for Preliminary Acceptance
PROJECT: Wing South Airpark Ext. PL20150001055
DATE February 10, 2017
Attached, find a Request for Preliminary Acceptance of the roadway and other
improvements in Wing South Airpark . One set of record drawings is provided
along with density tests and the completion certificate from Mike Delate at the
engineering firm of Grady Minor
Please schedule an inspection with Mike Delate, the Engineer of Record. Upon
inspection and completion of all County issued permits (ROW, excavation,
blasting, tree removal, etc.) and approval and completion of all outstanding
construction details, please notify this section, in writing, so that we may advise
the applicant regarding preliminary acceptance of the subject improvements.
Attachments. Plans, Certification, density report. Landscape Certification
A SITE INSPECTION HAS BEEN MADE AND ALL OF THE REQUIRED
IMPROVEMENTS APPEAR TO MEET MINIMUM STANDARDS FOR
PRELIMINARY ACCEPTANCE.
BY: Q / DATE
February 9, 2017
Mr. John R. Houldsworth
Collier County Development Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: Wing South Airpark Extension
2008-AR-14094 (Project No. 2008100006)
Request for Preliminary Acceptance of the Subdivision Improvements
Dear Mr. Houldsworth:
Enclosed please find the following documents for review and preliminary acceptance of the subdh
improvements:
I. Preliminary /Final Record Drawing Submittal Requirements.
2. Engineer's Certification.
3. Record Drawings, Signed & Sealed.
4. AutoCAD file will be emailed to Mike Dumais.
Based u this bmittal, we do hereby request preliminary inspection be scheduled at your ee
If you/have any question or need additional information, please contact our office.
W. Minor. P.E.
kas
Q. Grady Minor & Associates, P.A. Ph. 239-947-1 144 • I x:
3800 Via Del Rey KB 0005151 • LB 0005151
Bonita Springs, FL 34134 www.g
GradyMinor
Civil Engineers • Land Surveyors • Planners • Landscape Architects
February 9, 2017
Collier County Board of County Commissioners
3299 East Tamiami Trail #303
Naples, FL 34112
RE: Wing South Airpark Extension
2008-AR-14094 (Project No. 2008100006)
Construction Completion Certification
Ladies and Gentlemen:
Please accept this letter as representation that, in our professional judgment and to the best of our
knowledge and belief, based on information provided by the project surveyor and our engineer's
observation and our inspection on December 5, 2016; the storm drainage system for Wing South
Airpark Extension have been completed in substantial compliance with the plans and specifications
as approved by Collier County Engineering Review Services.
Sincerely,
Marx w. Mmor, F.E.
Florida Registered Engineer # 45324
MWM: kas
Q. Grady Minor & Associates, P.A. Ph. 239-947-1 144 • Px: 239-947-0375
3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266
Bonita '1
34 Springs, FL ' www.gradyminor.com
�Gginevine\PROI�ENG\W\WSPL\IOCpo Carts-Ulil Ocd�Preluninuy Subdrvivm AccepmnceLL.CCdCC-EnµCan.doc
At county
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colllergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34204
1239)252-2400 FAX: (239) 252-6358
Preliminary/Final Record Drawing Submittal Requirements
Site Development Plans $ Amendments (SDP/SDPA)
Please use this checklist to assure that Approval Packages are complete when submitted. Engineering
inspections does not have the capacity to track incomplete packages that are awaiting "forthcoming" items
such as Landscape Certifications, SFWMD documents, and Construction Materials Testing Reports. Thanks
for your understanding and cooperation.
One complete set of record drawings including all sheets of permitted drawing set (please strike through
sheet # on drawing index on sheets with no record Information).
PROJECT NO (Pl.
PROJECT NAME:
DATE RECEIVED:
DATE REVIEWED:
Reauirement Checklist for:
REQUIREMENTS FOR REVIEW
APPROVED
NOT
REQUIRED
Statement that drawings are based on Surveyor or Engineer -of -Record (EOR)
✓
easurements and observations, not contractor supplied data. (Cover sheet)
Sufficient as -built data shown with strike -through of proposed grades to evaluate
✓
rades on pavements (high and low points at curb edge and PVI)
all out course of pavement for asphalt grades (final course ■ in place ❑ not in
lace) (Cover sheet)
Sidewalks required (or note that they will be completed with homes)
Li
✓
onfirm stormwater control structure measurements including ❑Location (latAong)
Rj
bleed down orifice diameter, ❑outfall diameter, ❑weir length, ❑baffle
easurements, and ❑elevations of each.
Elevations of ❑berms aswales and ❑yard drain grates to demonstrate proper
✓
unction
Gravity sewer data for manholes and as -built slopes (show with strike -through of
✓❑
❑
proposed elevation).
Top of Pipe elevations for water mains, force mains, 10 water mains
Fill $ compaction method used (of four accepted methods on utilities checklist).
✓
(Cover sheet)
State Plane Coordinates of utilities components to be owned by Collier County
✓
(per section 10.4 of Ordinance 2004-31)
Lighting must be Installed before Inspection for preliminary acceptance
✓
Site Certification signed and sealed by EOR.
✓
Rev. 1/18/17 Page 1 of 2
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collieritov.net
Co ter County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
REQUIREMENTS FOR REVIEW
APPROVED
NOT
REQUIRED
Landscape Certification signed and sealed by Landscape Architect (required if LS
✓
approval was part of permit)
Please provide an AutoCAD DWG file for Collier Co. Asset Management for
✓
Inclusion on GIS layer.
Copy of SFWMD construction completion certification (or electronic self-
✓
certification for'10-2' permits)
O Documentation from FOR that project owner/operator has received
✓
Qlnstruction on how stormwater treatment system functions; ❑Owner
responsibility for maintenance tasks;
❑No modification to system without SFWMD or Collier County permit.
onstruction Materials Testing: ❑lime rock and subgrade beneath pavement. ❑
Include statement of compliance by testing firm. ❑For PPL/PPLA: testing report for
roadway cores for base and asphalt thickness at required Intervals.
PDF of Certification Package including signed & sealed drawings on disk or
electronic media (or Collier LDC allows signed & sealed drawing set on Mylar).
Please Include all items above.
Lake cross sections must be submitted and lake excavation approved prior to
✓
preliminary inspection (if excavation permit is part of the project). Please submit a
separate set to Tami Buchan to close out the Excavation Permit.
Above list to be completed prior to calling in 800 level building inspection. Failure
✓
to submit before call In will result in failed inspections.
Copies of invoices for littoral plantings (for final approval).
✓
Copy of Final Release of Lien from contractor for utility and roadway projects to be
turned over to Collier County (for final approval).
❑ Additional Information from FOR needed before inspection. Date requested:
❑ Approved to schedule inspection:
Date requested:
Rev. 1/18/17 Page 2 of 2
Wing South
Surface Water Management Plans
Located in Collier County
Section 16, Township 50 South, Range 26 East
O u/Dcveloner.
SD Corporation of Naples, Inc.
9132 Sceda Plxe, 4th Floor
Naples. FL 34108
Tel: 239.%2.4199
Locanon Mao
P.".d M:
®GradyMlnor
Index of Sheets
L
O
H
�'I ' ,� ti
����
_ �
t , �.
fir^, ���
`
�'`•
6`-
:.
��.
I:.iY I�:i1
-
r
i�
�'
��
� ,.
;tQ
I �
,. yid
�E.:
f :tr 1 :'H ,
I y
!®
1
ov �� ,' 3����
T 77
jwn1 �lii.
} DTI
CradyMimr
il p
ar_. i
son
=CradyMlnor
®C�raoyMlnor
'� _ T_r� _ � _ r�vn .•_••v—•••- GMgNG. PNVirvG 6 pWNY'E %.tV ]
R.m�fY
r--
I, ��'����� "JI
PROJECT: Win
South Airpark
BOND TYPE: Irrevocable Sta
Letter of Credit
BOND #: 7061
NOTES: ($63,817.00)
Print Name: jo "�'L/d//
Date: (1) - (�
4-C
4
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
2017408943
Transaction Number:
2017-032419
Date Paid:
05/23/2017
Amount Due:
$5,801.55
Payment Details:
Payment Method
Check
Amount Paid: $5,801.55
Change / Overage: $0.00
Contact: WING SOUTH INC
4985 E TAMIAMIO TR
Naples, FL 34113
FEE DETAILS:
Fee Descriotion Reference Number
Refundable Bonds PL20150001055
Cashier Name: AIInaHarris
Batch Number: 6381
Entered By: melissaalvarez
Amount Paid Check Number
$5,801.55 1471
Original Amount GL Account
Fee Paid
$5,801.55 $5,801.55 670-000000-220113
Cofer County
Community Development &
Environmental Services Division
Zoning & Land Development Review
Thursday, May 06, 2010
DANIEL MURRAY
3976 SKYWAY DR
Naples, FL 34112
RE: Construction Plan Approval
WING SOUTH-AR-PL20100000828
Dear DANIEL MURRAY, Address:3976 SKYWAY DR, Phone:(239) 774-5770
THIS IS YOUR PERMIT AND MUST BE POSTED ON THE JOB SITE
Engineering Review has reviewed the construction plans for the referenced
project and has no objection to the construction of paving and drainage aspects
of the project. The improvements consist of Taxiway paving and replacing swale
culverts.
Two sets of approved plans are being returned herewith for your use.
Please call me if you have any questions or need any additional information.
Sin<cerg
Stan Chrca, P.E.,
y'll{ Engineering Services Manager
County Engineer
cc: Engineering Inspector Supervisor (w/attach.)
Customer Services/Addressing (w/attach.)
2800 North Horsehoe Drive • Naples, Florida 34104. 239-252-2400 • Fax 239-643-6968 • v .00lliergov.net
CiO#ICV CoHnty
Community Development &
Environmental Services Division
Zoning & Land Development Review
Thursday, May 06, 2010
DANIEL MURRAY
3976 SKYWAY DR
Naples, FL 34112
RE: Construction Plan Approval
WING SOUTH-AR-PL20100000828
Dear DANIEL MURRAY, Address:3976 SKYWAY DR, Phone:(239) 774-5770
THIS IS YOUR PERMIT AND MUST BE POSTED ON THE JOB SITE
Engineering Review has reviewed the construction plans for the referenced
project and has no objection to the construction of paving and drainage aspects
of the project subject to the following stipulations:
Engineering Review has reviewed the construction plans for the referenced
project and has no objection to the construction of water, sewer, paving and
drainage aspects of the project as submitted.
Two sets of approved plans are being returned herewith for your use.
Please call me if you have any questions or need any additional information.
Sincerely,
Sta hrzanwoski, P.E.,
( Engineering Services Manager
County Engineer
cc: Engineering Inspector Supervisor (w/attach.)
Customer Services/Addressing (w/attach.)
2800 North Horsehoe Drive • Naples, Florida 34104 • 239-252-2400 - Fax 239-643-6968 - w .colliergov.net
Community Development & Environmental Services
r Cmanty 2800 Horseshoe Drive N.
Naples, FL
34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
2010023403
Transaction Number:
2010-003715
Date Paid:
05/04/2010
Payment Method:
Check
Check Number:
2112
Full Amount:
$870.00
Amount Tendered:
$870.00
Overage Amount:
$0.00
Contact:
MURRAY, DANIEL W & DEE A
3976 SKYWAY DR
NAPLES FL 341122925
FEES:
Description Reference Number Original Amount GL Account
Fee Paid
Construction Review Fee PL20100000828 $67.50 $67.50 131-138326-322420
Construction Inspection PL20100000828 $202.50 $202.50 131-138327-322430
Fee
Construction Plans PL20100000828
Application fee
Fire Code Review - PL20100000828
Construction Plans
Cashier Name: LeaDerence
Batch Number: 1456
$500.00 $500.00 131-138326-322420
$100.00 $100.00 113-000000-209102
CNST-PL2010-828 REVA
WING SOUTH INC
DATE: 514110
DUE: 5118/10
CiOTACY County
Community Development &
Environmental Services Division
Zoning & Land Development Review
Thursday, May 06, 2010
DANIEL MURRAY
3976 SKYWAY DR
Naples, FL 34112
RE: Construction Plan Approval
WING SOUTH-AR-PL20100000828
Dear DANIEL MURRAY, Address:3976 SKYWAY DR, Phone:(239) 774-5770
THIS IS YOUR PERMIT AND MUST BE POSTED ON THE JOB SITE
Engineering Review has reviewed the construction plans for the referenced
project and has no objection to the construction of paving and drainage aspects
of the project subject to the following stipulations:
Engineering Review has reviewed the construction plans for the referenced
project and has no objection to the construction of water, sewer, paving and
drainage aspects of the project as submitted.
Two sets of approved plans are being returned herewith for your use.
Please call me if you have any questions or need any additional information.
Sincerely
Stan-Ghrzanwoski, P.E.,
Engineering Services Manager
County Engineer
cc: Engineering Inspector Supervisor (w/attach.)
Customer Services/Addressing (w/attach.)
2800 North Horsehoe Drive • Naples, Florida 34104.239-252-2400 • Fax 239-643-6968 • vmv.colliergov.net
Community Development & Environmental Services
Co er Cacinty
2800 Horseshoe Drive N.
Naples, FL
34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
2010023403
Transaction Number:
2010-003715
Date Paid:
05/04/2010
Payment Method:
Check
Check Number:
2112
Full Amount:
$870.00
Amount Tendered:
$870.00
Overage Amount:
$0.00
Contact:
MURRAY, DANIEL W & DEE A
3976 SKYWAY DR
NAPLES FL 341122925
FEES:
Description Reference Numbe Oriclinal Amount GL Account
Fee Paid
Construction Review Fee PL20100000828 $67.50 $67.50 131-138326-322420
Construction Inspection PL20100000828 $202.50 $202.50 131-138327-322430
Fee
Construction Plans PL20100000828
Application fee
Fire Code Review - PL20100000828
Construction Plans
Cashier Name: LeaDerence
Batch Number: 1456
$500.00 $500.00 131-138326-322420
$100.00 $100.00 113-000000-209102
CNST-PL2010-828 REVA
WING SOUTH INC
DATE: 514110
DUE: 5118/10
COAr County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643-6968
CONSTRUCTION PLANS
(CNSTR) APPLICATION
-PL2010-628 REV:1
WING SOUTH INC
fPROJECT NUMBER DATE: 10 DUE: 5/181/18/10
PROJECT NAME
DATE PROCESSED
I AGENT/OWNER INFORMATION )
AGENT -L:]LNIEL✓ )-AOC L- /
FIRM 3�-7b`�lcywoY �vt, �lt,Q�-t`ti, '�l_ -�-+ I12
ADDRESS CITY STATE ZIP
FAX# PHONE # 239 - -7-79 - S ] l l5
E-MAIL C'a4v-r- VtT
OWNER VVITVA NC —
ADDRESS CITY STATE ZIP
FAX# PHONE # z39 `71 0f �?
E-MAIL
LEGAL DESCRIPTION OF SUBJECT PROPERTY
PROJECT NAME
Location: SECTION I (� TOWNSHIP a O RANGE Z iv
SUBDIVISION NAME'-IN�,�JUT 1 i
ZONING/ -'i�' PROPERTY I.D.# 0042 c; 9GOOO �D
UNIT BLOCK LOT ICc4-
GENERAL LOCATION AND CROSS STREETS
GAT County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT, OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643-6968
CONSTRUCTION PLANS
(CNSTR) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN
THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH
SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
# OF
COPIES
SUB ITTED
NOT
REQUIRE
Cover Letter briefly explaining ro ect
7
Construction Plans
7
Street Lighting Plans
3
❑
Landscape Plans
3
Cost Estimate:
Fees 3% of estimate IN C--30ee LE-7� -met--
1
Engineers Report
4
❑
Addressing Checklist
1
�]
ature
7 3 2�Iv
Date
4130 Skyway Drive
Naples, Florida 34112 w Residential Aviation Community
May 3, 2010
Collier County Government
Dept. of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Project: Wing South Airpark, Runway Improvements
Dear Sir:
Wing South Airpark is proposing to modify three runway turnoffs by replacing
the culverts in three turnoffs and widening two of the three turnoffs. An addition to
extending the north taxiway and applying a one inch asphalt overlay. The Cost of this
work is $ 9,000.00.
i
Daniel Murray
Agent for Wing South Inc.
4130 Skyway Drive woi
Naples, Florida 34112 Residential Aviation Community
April 30, 2010
To whom it may concern:
The Board of Directors of Wind South Inc., a condominium association, has appointed
Daniel W. Murray as agent and projector manager for the Runway Improvement project
with the authority to initiate any and all necessary permitting of said project on behalf of
the Board of Directors of Wing South Inc.
1
Jon Fay
Presitilent, Wing So 4,nc.
CoiLier County
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE
ADDRESSING DEPARTMENT
NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and fax to the
Addressing Department at 239-252-5724 or submit in person to the
Addressing Department at the above address.
Form must be signed by Addressing Personnel poor to pre -
application meeting please allow 3 days for
Processina.
Not all items will apply to every project.
Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months
will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing
Checklist for each Petition type)
❑ BL (Blasting Permit)
❑
SDP (Site Development Plan)
❑ BD (Boat Dock Extension)
❑
SDPA (SDP Amendment)
❑ Camival/Circus Permit
❑
SDPI (Insubstantial Change to SDP)
❑ CU (Conditional Use)
❑
SIP (Site Improvement Plan)
❑ EXP (Excavation Permit)
❑
SIPI (Insubstantial Change to SIP)
❑ FP (Final Plat
❑
SNR (Street Name Change)
❑ LLA (Lot Line Adjustment)
❑
SNC (Street Name Change — Unplatted)
❑ PNC (Project Name Change)
❑
TOR (Transfer of Development Rights)
❑ PPL (Plans & Plat Review)
❑
VA (Variance)
❑ PSP (Preliminary Subdivision Plat)
❑
VRP (Vegetation Removal Permit)
❑ PUD Rezone
❑
VRSFP (Vegetation Removal & Site Fill Permit)
❑ RZ (Standard Rezone)
S1
OTHER a oN PLo.nl S
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
PO--C C-r- I I is y-
• - C, � 7- C-
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
C` C-1 L- -L C---1 r'I C- CI CI I
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
. LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
SURVEY (copy - needed only for unplatted properties)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (forexisting projects/sites only)
SDP or AR #
Co1[ier County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 252-5724
Project or development names proposed for, or already appearing in, condominium documents (if application:
indicate whether proposed or existing)
Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up
APPLICANT NAME: Ydhlltl_ "L/P-PL1`/
PHONE ) Iq - 5-�—y J FAX
Signature on Addressing Checklist does not constitute Project and/or Street Name approval
and is subject to further review by the Addressing Department.
FOR STAFF USE ONLY
FLN Number (Primary) C�L-y Z ii-.' t1 (r" C O C-, c!)
Folio Number
Folio Number
Folio Number
Approved by:, l A w't S f ' ` Date
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
�R
r
I
ws v N-17 Pt•C oYwe �+.
W .xt�ld 10' bsyenG sa n
Mm paved radN.
EXISTING TURNOFF (TO-1)
0
pp��---
`. �• pftw � e m ioting Taxwu
, uwWs th
Ext'+d twr grad.
i
D' bago d asphalt
..
TAWWAY .
&ROPOSED TURNOFF •
WM Bourn MWAr paoxer
r.ldl 12. MO
T s �
Exlst"g Tax""ay
LItM to main
CP
T
Exi"t"g Cul..rl Plp�
ERISTM AREA
2,321 SF
EXISTING TURNOFF (TO-3)
V'A
51,
Exlatkig Taxiwy
Lje to rM In
Neu 12" N- rPVC eaavart plp� `� i
to extend • bepnd a"pNk � �O� i.� \By
PROPOSED AREA
2,321 SF Extend twi grade
W bwjpnd aopi-aft
PROPOSED TURNOFF (TO-3)
WINO soum RUNWAY PROJECT
.. . 12, 2010
s
/dlo tm exl.tklg ldxl"y
Ills 4' north
al.
Exieung TaxN q
LRes
4a. At
Exiietkv Culvert P"
MaSTM AREA
2,324 8F
EXISTING TURNOFF (TG 4)
Nam IT" N-12 PVC culvert pipe
to extend W' begond eeplalt ,
1
1
1
New &"*Olt pavement line
1
Line of old pavement 1
- 1
y �?
1
� I
I I
1
.I
Extend turf Wade
I 5' beyond e�pl»It
PROP08ED AREA
a 2,S" 8F
i
PROPOSED TURNOFF (TO-4)
WMO 80UTH RUNWAY PROJECT
Mauch 12, MO
U. RESIMN
1E•OEMML a PREEERV I'•M
w
al
--------------
Ex REEp w
V/ N
I 1 t+ n
I I ai
I
I , 1
-1
I
EA.IiEIDENTIK I J
wNDEVEaaPEu 4P, F
Il
GradyMinor
CMIEWb m Land Slue Plamem Landscape AleluE m
c.a rnr wont aw r.r. uawant w.r..0 aaoaM
MLIaNV:2AVa1.1144 ... 4/.I.t l/r........ M,Ma era: 1�PA9P.�b0
wl
MASTE;
a�
,wryer ww m.ts w.n
. ! V---X\A�Q
EXHIBIT;;c;r ( (
SETTLEMENT AGREEMENT
his Settleme t Agreement made and entered into this
day of,��,�
, 1985, by and between the
P alrttl fs, THE ROOKERY LIMITED, a Florida Limited Partnership;
ROEERT NADEAU, CLIFFORD WINGER,
and WILSHIRE MANAGEMENT COMPANY,
' a Florida Corpora Mon, as general Partner of the ROOKERY LIMITED,
hereinafter
collectively referred to as the "Rookery". and, the
• Defendants, WING SOUTH DEVELOPMENT
LIMITED, a dissolved Florida
limited partnefship; and NAPLES INTER -MONETARY, INC., a Florida
•
Corporation, hereinafter the following -manner: ,collectively referred to as "Naples" in
WHEREAS Rookery filed an action in Circuit Court in and for
Collier County Florida under
case number 83-2032-CA-01 seeking
. declaratory relief with respect to a Contract for
the purchase
and sale of real property dated February 17, 1981 by and between
Naoles as seller
and Rookery as Purchaser; and to quiet Rookerv's
title with respect to a Parcel of
commercially zoned rea per-.
ty lying adjacent to Wing South Airpark Private
Unit One,
villas, A Condominium, which said parcel
of
commercially zoned real
commll estate was part of the lands to be purchased and sold
under the
contract dated February 17, 19811 and for rescission of the
- contract and the instruments
exchanged at the closing thereunder,
including a note and mortgage, dated September 11, 1981,
deliv-
ered .by Rocker" to Naoles as part of the consideration for the
purchase; and for damages and
other relief;
' WHEREAS Naoles filed a counter -claim against Rooke . above referenced ry in the
action seeking to
foreclose on the mortgage
dated September 11, 1981 referred to above; and for
other relief;
WHEREAS it is the desire of ttie parties to enter into a
settlement agreement providing for determination
a of the
declaratory action, 'the action for
rescission, the action for
damages, and the action for foreclosure of the
mortgage, and of
all other matters relating to the purchase and sale of the
property under the contract between .the Parties dated February
17, 1981
and to reduce this agreement ho writing;
• NOW, THEREFORE, for and in consideration of mutual covenants
on the part of each
Party to be kept and performed hereunder and
' .for TEN ($10.00) DOLLARS and other good and valuable
tioconsidera-
ns, receipt of which is hereby acknowledged, it is mutually
agreed as follows:
1. REPRESENTATIONS: The parties represent tO each other;
(a) Each party fully understands the facts and each is
aigning this agreement
freely and voluntarily and intending ., to be bound by this
'
agreement.
' (b) Each understands and agrees that—t1}'is agreement conati= Lutes the entire
contract of the parties. It supersedes any prior understanding or agreements between them
upon the
subjects covered in this agreement. There are no represen-
tations or warranties other than
set forth in it. .-_.
(c) That each party is fully represented by council who h
reviewed the as
• agreement.
.• 2. EXECUTION OF FURTHER INSTRUMENTS UPON DEMAND:' Each of
the parties ereta
shall at any t me or times make, execute,
acknowledge and deliver any and all such further or other instru-
ments to the other of said parties which shall be reasonably
required for the purpose of full
giving force and effect to this
_ agreement and the covenants, conditions, and provisions thereof.
3. RELEASE OF ALL CLAIMS: The parties each agree to�",.�
' release, an
to mutually renounce and relinquish, all -claims•
against the other arising out that
�•
certain lawsuit filed in
'oFf
�= ((Q
• ttie Circuit Court in and for Collier County Florida or arising
• out of that certain real estate contract dated February 17, 1981
or arising out of that certain note and mortgage dated September
21, 2991 or of whatsoever nature that each may have against the
Other, now or hereafter existing, it being the intention of the
Parties hereto that this paragraph shall constitute a complete,
general and mutual release of all claims whatsoever excepting
only the covenants, conditions, and provisions of this Agreement.
4. SPECIFrC RELEASES:. Without in any way limiting the
generality of—` a Pozdgoing general release set forth in Para-
graph 3 0£ this Agreement, the parties specifically agree to
execute the following roleasea:
a) Rookery shall release Naples from any and all liability
under the cause of action for a Declaratory
. _ ry Judgement.
b) Rook••ry shalt release
under— Na�le�s from any and all liability
• t�`cayse of action for rescission of the contract
dated February 17, 1981 and under all documents exchanged at
closing arising out -of this contract.
c) Rookery shall release Naples from any and•all liability
under the cause of action for damages, including the
$}3,000.00 credit previously due Rookery from Naples.
d) Rookery shall release Naoles from any and all liability.
,under the contract between tie parties dates February 17,
1981r ---
e) Rooker shall release Naples, and the land encumbered
thersb�om any lis pendens that may have been filed in
the above referenced proceeding.
f) Naples shall release Rookery from the cause of, action
for foreclosure of the mortgage dated September 11, 1961.
g) -Naples shall release Rookery, and the land encumbered
thereby, T"rom the promissory note and mortgage dated Septem-
ber 11, 1991. �r
h) Naples shall release Rooker , and the land encumbered
thereby, from any lis pendens at may have been filed in
the above referenced'proceeding•
S. TRACT A OF SQADOn'WOGD: Nacles shall execute any and all
deeds, Conveyance_-, and aaa grr..unts that may.fullbe necessary to
have in tra
nsfer
right, all certain patitle,
parcel of land describedtast era t X oy Shadowwood a Planned Unit Development, to Rockery, ttaple shall
also release, satisfy, and disclaim any mortgage; lien, claim, or
other interest that it may have in and to
DOWW
. 'all deedsTRcanv yaneesHAan asignmentsRookery
t at, may bey hall • necessarc-ate any a to
fully transfer all right, title, and interact that Rcokory may
have in that certain parcel of land described as Tract E o Shadowwood a Planned Unit Development, to Naples. Rockery shall
f
.. also release, satisfy, and disclaim any mortgage, lien, claim, or
other interest that }t may have in and to `d.Traet•E•
r. TRACT B OF SRAUw.W, ''•
.+VD: Tract D of Shadowwood contains a
total of eleven unplatted residential lots. ROOkerV
shall
execute any and all deeds, conveyances, and assignments that may
be necessary to fully transfer all right, title, and interest
that Rookery may have in the North six (6) lots of Tract B of '
Shadowwood to Napina. Rooker
disclaim shall also release, satisfy, and
any mortgage, lien, c aim, or other interest that it may
have in and to said North six (6) lots. Naoles shall execute any
a ' y necessarY�+nd all deeds, conveyances, and assignments that may be =
.•.
XWR/WINGSET -2-
�'t
to fully transfer all right, title, and interest that Naoles may
have in the South five (5) lots of Tract B of Shad0w11
Rookerv. Naoles shall also release, satisfy, ood to
mort a e, Y, and disclaim any
S g i� en -'claim; to other interest that it may have in and
to said South five (5) lots.
8. AIRPARK TRACT OF SHADOWWOOD: Na ples shall execute any
and all deeds, conveyances, an assignments that may be necessary
to fully transfer all right, title, and interest that Naples may
have in that certain parcel of land that
as Airparkwhich
lies adjacent to Tract A and Tract B of ShadowWood a Planned Unit
Development, to Rookery. Naoles shall also release, satisfy; and
disclaim any mortgage, lien, claim, or other interest that it may
have in and to said parcel of land described as Airpark which
lies adjacent to Tract A and Tract B of ShadowWood a Planned Unit
Development.
ROekery and Naples grant to each other a non-exclusive
Utility easement over and across Tract B. Mutual Easement Deeds
granting Rookery and Na les the right to use said non-exclusive
easement shall be exchanged between the parties. The description
for said easement shall be determined according to survey or as
otherwise provided herein:
9. SECOND AIRPARK TRACT OF SBADOWWOOD: Rooker shall
execute any and all deeds, conveyances, and assignments that may
be necessary to Fully transfer all right, title, and interest
that Rookery may have in that certain parcel of land described as
Airpark which lies adjacent to Tract E of ShadowWood a Planned
Unit Development, to Naples. Rooker v shall also release,
satisfy, and disclaim any mortgage, lien, claim, or other
interest that it may have in and to said parcel of land described
as Airpark which lies adjacent to Tract E of ShadowWood a Planned
Unit Development.
10. TRP.CT C AND 'TRACT D OF SHADON7WOOD: Tract C of
ShadowWood consists of the Airport ,R"nIlay and Tract D of
ShadowWood consists of the Tie -dove' Area, the Taxi-•.:ays, a
commercially zoned parcel of real estate, and the lands submitted
to the condominium form of ownership in that certain declaration
Of condominium recorded in the Public Recordz of Collier County
Florida which created the condominium known as [ling er c Air
Park Private Villas, Unit 1, a condominium. Naples shall re-
leese, satisfy,and disclaim any mortgage, lien, claim, or other
interest that it may have in and to said parcel of land described
as Tract C and Tract D of ShadowWood a Planned Unit Development
texcluding that portion of the property submitted to the eondomin-
he form of ownership in the above referenced declaration. Upon
the release by Na les of any lien or encumbrance on the aforesaid
Parcel, Rookery shall execute any and all deeds, conveyances, and
assignments that may be necessary to fully -transfer an undivided
one-half interest to Naoles in and to all right, title, a,nd
interest that Rookery may have in that"Eertain parcel of land
described as Tract C and Tract D of ShadowWood a Planned Unit
Development excluding that portion of the property submitted to
the condominium form of ownership in the above referenced decla-
ration. The parties shall .hold Tract C and Tract D (excluding
that portion of the property submitted to the condominium fort, of
ownership in the above -referenced declaration) as. tenants in
common each owning an undivided one-half interest therein. The
parties shall equally pay all taxes, assessments; liens, and the
expenses of maintaining said property. The parties acknowledge
that the condominium association for the above referenced condo-
minium may claim some interest in said property, or a portion
thereof, under an agreement or agreements entered into by Naoles
With the condominium association. The parties agree that none of
the aforesaid property shall be transferred to the condominium
association without the express written consent of both Naoles
and Rookerv,
RWR/WLNGSET -3
t
11. PERSONAL PROPERTY All personal property .sold to
Rookery by Nao es under that certain contract between the parties
as ted February 17, 1981, and all personal property subsequently
Purchased by Rookery, which is located on Tract C and Tract D of
ShodowWood shall hereafter be owned jointly by RookerX and by
Naoles as tenants in common each owning an and vi a one-half
interest.
12. CONDOAXNXU14 UNITS All condominium units, and any notes
and mortgages secure y condominium units, at Wing South Airpark
Private Villas, Unit X. a condominium, sold to or assigned to
Rookery by Na lea under that certain contract between the parties
dated February , 1981 shall remain the property of nookery and
Naoles shall have no right, title, or interest in sal3 pro'pc rty
nor any lien or encumbrance on said_DZOoerty
• -+• .,ENSITY The Pa as acknowledge that under tie o1a .Led Unit Deve o�ent Agroemen� wY t e County of Collier the
w)Tadv3d-DevcT men as sa ens its-oar--aern-
wh3ch Drov des m t �wny
crab agree that of this total density Rookery and its succes-
sors
e in ve
andunsse r
n ht o ui an eons
t ereunder, Rookery
�x-t u ri nt to b
units uni ght t --wild or construct more than 233�wa nq
g��he densiev
- aena11Y es an its successors and assigns `shall 4hav+ha
right to build and construct 336 dwelling units on the land to be
'} owned by it hereunder. Na =es"shall have no right to build or
/i construct more than 336 dwelling units un'_ess the density for the
entire planned unit development shall be increased. In the event
the density of the Planned Unit Development increases or decreas-
es, the additional dwelling units per acre or the lost dwelling
units p it acre shall be apportioned. between the parties in the
same ration as the density allocated to each party hereunder
bears to the total density of the planned unit development at the
tine of this agreement.
14. WASTE WATER SYSTEM: Rookery shall execute such deeds,
conveyances, assignments, and balls of sale as may ,be necessary
to fully vest in Naoles all right, title,' and interest that
Rookery has in the Waste water System (Sewage Treatment Facility)
ine uding but not limited to that certain Parcel of land on which
the plant is located, the plant, all waste water transmission
facilities, and all personal property (including permits, and
records) used in connection with the Sewage Treatment Facility,
said Sewage Treatment Facility is located on an approximately
seven and one-half (71) acre parcel. Naoles .shall maintain the
plant in the condition that, is present y -existing_.end, .shall
"'operate the. same under the-seivices of a sanitary engineer.�and
shall' comply. with all rules .'of -the Department .of" Environmental
Regulation and any and all other local or state agencies haying
'.:.jurisdiction over said. facilities. Na les shall 'provide''sewage
�+ treatment. facilities .to'all the land located -"in-the-Shadowwood
: a Planned ,Unit .Development," ,including all, allowable""future
:.development as provided for. in•. the Planned; Unit Development
Agreement- with"Collier County)'4 and ' shall` charge" for 'the"' use of
.�•.ZUch;.facilitics as permitted by the Public Service Commission."
" In addition, Rookery and Naples grant to each other
line e
non-exclusive sewer easement, fifteen feat (15') wide to be
located over Tract A to connect the presently existing sewer
Plant with Rattle Snake Hammock Road. Mutual Easement Deeds
granting Rookery and Naples the right to use said non-exclusive
easement shall be exchanged between the parties.
xWRIWINGSET -4
rA
Nothwithstanding the foregoing it is recognized by. Rookev
that once . the, real property, referenced under•=this-paragr
raph•34-.i s'"
conveyed -'Eo Nadles.; Naoles may lease rent,-1"sell'; -assign "'or'
o therwise dispose of. said real property and '.'the' Sewage^ -Treatment""'
Facility --located `-thereon provided however- that -the present" and'
future_property„;Ow ers_of..tile..,undeveloped.,.and_,developed�.�land s4,
contained.:.in:, the..Shadowwood Planned Unit Development,"'as"well:'as=-
-,unit"owners of. the existing condominium located. thereon, shall'at-•-
-all times-both'now"and in the futute be serviced by„said-Sewage
Treatment,Facility.
15. REAL ESTATE TAXES: Rookery shall pay any and all real
estate taxes and assessments (including tax certificates
outstanding) which are imposed on any of the lands located in the
ShadowWood Planed Unit Development and which are imposed on the
Parcel of land on which the sewage treatment facility is located
for the tax year 1984 and for all prior tax years. Taxes for
1985 shall be prorated between the parties as of December 1, 1985
with respect to tho lands to be owned by Man les hereunder and
with respect to the lands to be held by the parties as tenants in
common hereunder.
lb. MUTUAL EASEMENTS FOR WATER, SEWER, ELECTRICAL POWER,
/ CASLE Tv, INGRESS, AND EGRESS: The parties do hereby establish
and create for the benefit of each other and for the benefit of
their successors in interest and for the benefit of the owners
from time to time of any of the land contained with the
ShadowWood Planned Unit Development, as the same is set forth in
that certain Agreement between the County of Collier and the
Rookerv, and do hereby give, grant and convey to each of the
aforementioned, the following easements, licenses, rights and
privileges: -
a) Right-of-way for ingress and egress by vehicles or on
foot, in, through, over, under and across the streets, roads
and walks (as the same may be proposed on the Planned Unit
Development Plot Plan or as the same may be built or located
in the future) for all purposesand (if the 'owners of a
section of street, road or walkway fails to maintain the
throughway) the right to maintain and repair thej same and
b) Rights to connect and maintain use of utility lines,
wires, pipes, conduits, cable T.V. lines, sewers and
drainage lines which may, from time to time, be in or along
the streets and road or other areas of the properties. and
(if the owners of the land upon which sections of lines,
wires, pipes, conduits, cable T.V. lines, sewers and
drainage lines are located neglect to keep them adequately
maintained) the rights to maintain and repair the same.
17. OTHER PARTIES TO ACTION: The parties to this agreelnent
'acknowledge that Wing South Airpark Private Villas Association, "!
Inc., the Condominium Association of Wing South Airpark Private
Villas, Unit I, a Condominium, hereinafter referred to as the
"Association", and Robert O'Rnefski, Dorothy O'Knefski, Jessi
Holbrook, Norma Holbrook, George Euerst and Mary Fuerst, herein-
after referred to as the "Intervenors" are not parties to this
'^ Settlement Agreement and the rights of said parties in that
certain action in Circuit Court under file number 83-2032-CA-01
are not affected by this agreement..
18. MUTUAL IN➢EMNIFICATION PROVISION: The parties to this
agreement acknowledge that the Association on its behalf, or on
behalf of all unit owners at the Condominium, or both, or the
unit owners of wing South Private villas, Unit I, acondominium
individually, or any of them, may assert some claim against any
or all of the parties to this agreement as Developer and Succes.
sor Developer of the Condominium_ It is the purpose of this
w _$_
• 'RWR/W INGSET
paragraph to allocate any such potential liability between the
parties to this agreement. The parties accordingly agree to
mutually indemnify each other as follows:
a) Naoles hereby agrees to indemnify and hold harmless
Rookery against and in respect of all damages (as hereinaf-
ter detined) resulting to Rook^ry with respect to any act or
omission of Naples in connection with Wing South Private
Villas, Unit I, as condominium, or with respect to the
Association, or any or all unit owners at said condominium,
which occurred or failed to occur at any time prior to
September 11, 1981, including, without limitation, (1) any
assessment due the Association by the Developer for any
period of time on or before September 11, 1981 and (2)
one-half of any damages imposed by reason of any failure of
Naples to transfer to Associction any property held by the
Parties h tenants in common hereunder. Damages, as used
herein, shall include any claim, action, dem.:nd, losn, cost,
expense, liability (joint or several), penalty, and other damage, including without limitation counsel fees and other
Costs and expenses reasonably incurred in investigating or
in attempting to avoid same or on:ose the impcsitian thereof
or in enforcing this indemnity. .
bJ Rookery hereby agrees to indemnify an' hold harmless
., Naples against and in respect of all damage; (as hereinafter
detined) resulting to Naples with respect to any act or
omission of Rcokezy in connection with Y1i ng South Private
Villas, Unit I, a condominium, or with respect to the
Association, or any or all unit ,Owners at said condci:inium,
which occurred or failed to occur at any tir..e after Seetem-
assesssmeme nt due
bar 19 e including, without limitation, (1)' any
the Association by the Developer for any
period of time after September 11, 1961 and (2) ono -half of
any damages imposed by reason of any failure of Rookery to
transfer. to Association any property :laid by the par a es as
tenants in coupon hereunder. Damages, as used herein, shall
include any claim, action, demand, loss, cost, expense liability (joint or ,several), penalty, and other damage,
including without limitation counsel fees and 'other costs
and expenses reasonably incurred in inve<_ticatinc, or in
attempting to avoid same or oppose the imcesition therco _' or
in enforcing this irde-.nits.
19. MISCELLANEOUS:
A. Expenses. Each of the parties shall bear all
expenses incurred by it in connection with this Agree-
ment and in the consummation of the transactions
contemplated hereby and in preparation thereof.
- B. Amendment an,! Waiver. * This Agreement may be
amended or modified at any time"'and in all respects by -
an instrument in writing executed by all of the parties
to this Agreement.
C. Assienment. This Agreement and any right created
hereby shall Be assignable by either party in connec-
tion with any sale of the real estate described herein.
Nothing in this Agreement, expressed or implied, is
intended to confer upon any person,other than the
parties hereto and their successors and assigns, any
right or remedies under or by reason of this Agreement.
D. Head inns. Headings contained in thi
fos Agreement are
r reverence purposes only and shall not affect in any
way the meaning or interpretation of this Agreement.
EWR/WINCSET -6
F._ Parties in Interest. All the terms and. provisions
Of this Agreement shall be binding upon and inure.<to
the benefit of and be enforceable by the partias`theto
heirsir
, executors'', administrators, .'successors, 'and
assigns.
F.the
Integrated Agreement This Agreementconstitutesthe entire agreement between the parties hereto, and
there are no agreements, understandings, restrictions,
warranties, or representations between the parties
other than those set forth herein or herein provided
for_
G. Choice of Law. It is the 'intention of the parties'
that th_e_f-£ thoe State of Florida should govern the
validity of this Agreement, the construction of its
o£ the parties.
terms, and the interpretation of the rights and duties
-
H. Entire Agreement The foregoing constitutes- the
entire agreement and understanding of the parties on
the subject hereof and supersedes all prior agreements
and understandings relating to the subject matter
hereof.
Z. Legal Description;. The descriptions of the
Parcels and tract::: of real estate set forth herein
refer to such parcels and tracts as the same are set
forth on an illustration of Shadow1lood a Planned Unit
Development attached hereto as Exhibit A, and .made a
part hereof by reference. Upon thesigning of this
.. Agreement the parties shall direct thesurveying and
engineering firm bf tailson, Miller, Barton, Soll, and
Peak (which is the firm that prepared the planned unit
development) to prepare accurate and complete legal
descriptions of all tracts and parcels of land men-
tioned in this agreement. The cost of preparing said
legal descriptions shall be borne equally by the
parties.
J. Court Auoroval. This Settlement Agreement by and
., between the parties. is specifically conditioned upon
the approval of the Circuit Judge in that case in
Circuit Court referred to hereinbefore in this
Agreement. _
It: [FITNESS W�EREOF, the partashave hereto set their hands and seals this O day of ,, lF..^ S.i..1_q_p 1935.
THE ROO-KERY LIMITED,
a Flor`_da Limited Partnership
RDDER'r NADEAUy Gcnoral Partner
er
CL'k'FOj< WI:.GER, Gene
Part
WILSHIRE 14ANAGEMENT COMPANY,
General Partne� -
by: �
KWR/WINGSET
L
I
�—
WING SOUTH DEVELOPMENT
LIMITED, a dissolved Florida _
Limited, Par tnerallip
NAPLES INTER -MONETARY, INC.,
a Flori C rporation
b
Y. .LL
its: n
STATE OF FLORIDA -
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared Robert E. Nadu
Clifford Winger, and William Schoen as Partners of Wilshire Manobe nc p, a
•to me noun to be the persons escr a in an who executed the Ge
foregoing agreement, and acknowledged before me that they execut-- Pa
ed the same. of
WITNESS m He
y hand and official seal in the County and State
last aforesaid this oTl day of �y��t,:.,_I,.� -
1985.
t� i
(SEAL)F.QI.�CL�'
Notar Public Y ii -
MY Convaission Expires: • > ��
STATE OF FLORIDA 'DOTART SOtEm STATE AT FLORIDA ','��-'• .>> .'
COUNTY OF COLLIER SF EOmalsvO. En JORE 27.:968
lOSCEU IKRU GENERAL IRS. U..3.
_ f HEztoY aEe ac•t that on this day before me, an officer duly
qu i_1 d t t`Ye a�k?wledgmenty,A p1.
ersrfaLAly appeared
to me known to be the p-
ersons^ described in and .who executed the
foregoing agreement, and acknowledged before me that they execut-'
.''ed .the same.
WITNESS my hand and official ae in the last a l�County�and rState aforesaid this �^_'� day .of�� >�
last
1985.
J,i :. (:�Pr11L). •'. otary Public
My Commission Expi rer.
• xwR/WINCSET a
6
I
Co
1
SolisAndy
From:East Naples Civic Association <info@eastnaplescivic.com>
Sent:Saturday, June 6, 2020 11:20 AM
To:SolisAndy
Subject:BCC Agenda - Shadowwood PUD
Attachments:ENCA_Shadowwood_PUD_BCC_Letter_Solis.pdf
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 Solis,
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/
EE. KE�IIML
I.EOENFM us
fC.7.a I 1
I I 1
Ex Rcl ww
ar.c aw aYFF
Ea. 11EE10U]]NL
0-4�-
rnaa P1u e \CL�4
I
I
W
(,radyMinor
CWH FA&k c ,n LMd Sarvc . . Plaw.m L�apa Aicha cu
ca rn..s®nl urnr.urplel r....0 awni«
bYapNy: 1:Ia.01].I l.i • 4'l10,. 1/I.Or,fnT MtNrA: 2A.lA1.IJtl0
-��
MASTE
"^
��
ras
tl1K.10 Ma A W W
OIY
p.t�liP
J U N 9 2020
sy:
Hyde Park Village Suggested Improvements
The current plan for this development differs from the goals of the Rural Lands
Stewardship Area Goals, particularly this important one:
TO DISCOURAGE URBAN SPRAWL AND ENCOURAGE URBAN DEVELOPMENT THAT UTILIZES CREATIVE
LAND USES PLANNING TECHNIQUES.
The community layout for single family homes in gated communities always uses much more land
than any other residential use. Planning for the remaining buildable land in the county is critical.
Development in the RLSA is in Collier County's best interests. Here are some ideas for how this plan
can be improved:
• The current single-family home prices anticipated in the plans are out of reach for most
working families. Affordable housing continues to be scarce for county workers, health care,
Arthrex, and many other professional workers. Adding condos or townhouses in order to
offer affordable housing for working professionals would help many families to better
afford living in Collier County. Some of these residences would also be attractive for second
homes. These units could be built by Collier Enterprises, or integrated in partnership with
another developer, who is experienced in planning for a project like this.
• Another alternative would be to offer additional smaller houses, on narrower lots than the
current plan design.
• Developing better access to CAT by setting aside park and ride lots associated with bus
stops. This would reduce the burden on the roads for traffic into the existing developed
areas of Naples as well as reduce traffic in the new neighborhoods. In addition, improving
public transportation to an aging population helps to extend access to the Naples area.
• Improving the amount of fully accessible public spaces. A golf course may meet the
definition of green space, but it would be limited to members.
• More space for play areas, pools, basketball, tennis, pickleball or other open space would be
used by the entire community.
• Increasing the amount of commercial space would have many benefits. Jobs could be
created by businesses. Shoppers could ride bikes and walk to stores. Traffic could be
reduced into Naples. Shopping in the village would help create more of a community feeling.
Other communities have found these recommendations help to foster building a stronger fabric for
families, including extended families. Providing different levels of housing in a community helps to
integrate people starting their careers, through to their parents and grandparents.
These recommendations could be applied to Hyde Park and the other three proposed villages from
Collier Enterprises which are in the pipeline.
1
SolisAndy
From:Richard Yovanovich <ryovanovich@cyklawfirm.com>
Sent:Sunday, June 7, 2020 12:34 PM
To:SolisAndy
Cc:Greenberg Group LLC; 'Bob Mulhere'
Subject:Hyde Park Village SRA Sign Deviation
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.
Commissioner Solis,
I am writing you to update you on the sign deviation request that is part of the Hyde Park Village SRA. We had
further discussions with staff. Staff agrees that with certain modifications, the signs we are proposing qualify as
real estate signs and are not illegal signs. Accordingly, the deviation is being modified to allow 4 real estate
signs along the one mile frontage of Oil Well Road instead of 1 sign currently allowed along the frontage. The
signs must be 1000 feet apart. Staff is supporting the deviation allowing 4 real estate signs.
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
Visit cyklawfirm.com to learn more about us.
Both Richard D. Yovanovich and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s).
This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law.
Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please
notify Dianna Quintanilla immediately at dquintanilla@cyklawfirm.com or call (239) 435-3535, and permanently dispose of the original message.
1
SolisAndy
From:Richard Yovanovich <ryovanovich@cyklawfirm.com>
Sent:Sunday, June 7, 2020 12:45 PM
To:SolisAndy
Cc:Greenberg Group LLC; 'Bob Mulhere'
Subject:RE: Hyde Park Village SRA Sign Deviation
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.
Commissioner Solis,
I made a mistake. The separation is 600 feet not 1000 feet. Sorry for any confusion.
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
Visit cyklawfirm.com to learn more about us.
Both Richard D. Yovanovich and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s).
This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law.
Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please
notify Dianna Quintanilla immediately at dquintanilla@cyklawfirm.com or call (239) 435-3535, and permanently dispose of the original message.
From: Richard Yovanovich
Sent: Sunday, June 7, 2020 12:34 PM
To: 'SolisAndy' <Andy.Solis@colliercountyfl.gov>
Cc: 'Greenberg Group LLC' <mgreenberg@greenberggroupllc.com>; 'Bob Mulhere' <BobMulhere@hmeng.com>
Subject: Hyde Park Village SRA Sign Deviation
Commissioner Solis,
I am writing you to update you on the sign deviation request that is part of the Hyde Park Village SRA. We had
further discussions with staff. Staff agrees that with certain modifications, the si gns we are proposing qualify as
real estate signs and are not illegal signs. Accordingly, the deviation is being modified to allow 4 real estate
signs along the one mile frontage of Oil Well Road instead of 1 sign currently allowed along the frontage. The
signs must be 1000 feet apart. Staff is supporting the deviation allowing 4 real estate signs.
2
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
Visit cyklawfirm.com to learn more about us.
Both Richard D. Yovanovich and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s).
This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law.
Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please
notify Dianna Quintanilla immediately at dquintanilla@cyklawfirm.com or call (239) 435-3535, and permanently dispose of the original message.
1
SolisAndy
Subject:Zoom Meeting w/Commissioner Solis re: Hyde Park
Location:Zoom Link/Information Below
Start:Tue 6/2/2020 1:00 PM
End:Tue 6/2/2020 1:30 PM
Recurrence:(none)
Meeting Status:Accepted
Organizer:Richard Yovanovich
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.
MOVED DUE TO SPECIAL COMMISSIONER MEETING IN MORNING
Coleman, Yovanovich & Koester is inviting you to a scheduled Zoom meeting.
Topic: RDY - Hyde Park
Time: Jun 2, 2020 10:00 AM Eastern Time (US and Canada)
Join Zoom Meeting
https://zoom.us/j/96337656797?pwd=ZzI4VElVcnBNMVQrejF5VGkwVHFtUT09
Meeting ID: 963 3765 6797
Password: 257763
One tap mobile
+13126266799,,96337656797#,,1#,257763# US (Chicago)
+19292056099,,96337656797#,,1#,257763# US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Germantown)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
Meeting ID: 963 3765 6797
Password: 257763
Find your local number: https://zoom.us/u/abLtyaHYAK
1
SolisAndy
From:jcleveland@e-wasteonline.com
Sent:Thursday, August 8, 2019 4:17 PM
To:SolisAndy
Subject:FW: Scan Document
Attachments:Holes Montes.pdf
Commissioner, I am President of Regatta I at Vanderbilt Beach Board of Trustees. Please see the below email from our
neighbors at Barefoot Pelican. We ask that you monitor this situation and insure our zoning and Vanderbilt community
are protected from out of control traffic and over crowding beaches.
It is your responsibility to insure zoning changes and requirements are met and not be tricked or strong armed by mega
developers.
Please let us know how you will respond to these under handed techniques.
Thank you’
Jim Cleveland
400 Flagship Dr.
Naples, Fla. 34108
Jim Cleveland
Founder & CEO
5211 Hudson Dr., Hudson, OH 44236
Phone 330-650-0274 | Cell: 330-322-7161
www.e-wasteonline.com
e-Waste, LLC is an R2: 2013, ISO 14001:2015, OHSAS 18001:2007 Certified Company
From: Craig A. Kasper <ckasper@hullinc.com>
Sent: Thursday, August 8, 2019 2:55 PM
To: Jim Cleveland, Vice President <jcleveland@e-wasteonline.com>; Yale Levin <YaleLevin@Soave.com>; President Scott
Klabunde (regattascott@yahoo.com) <regattascott@yahoo.com>; Audrey Bamberger <audreybamberger@gmail.com>;
Michael Costello, Director <mcbc71@verizon.net>; Andre Laz <AndreL@sandcastlecm.com>
Subject: FW: Scan Document
FYI…see note at the bottom about Naples One
CRAIG KASPER
CEO
HULL | Dublin, Ohio
ENVIRONMENT | ENERGY | INFRASTRUCTURE
O: 614.793.8777 | f: 614.793.9070 | c: 614.205.1293
web | directions to offices
FOLLOW HULL ON: FACEBOOK | LINKEDIN | TWITTER
2
From: epircio@verizon.net <epircio@verizon.net>
Sent: Thursday, August 8, 2019 2:48 PM
To: tinaseely@comcast.net; ralphcowie1@gmail.com; carolynjferrari@aol.com; ewdamon@gmail.com;
nsebora@charter.net; davidgalloway239@gmail.com; Craig A. Kasper <ckasper@hullinc.com>
Subject: Fwd: Scan Document
Hello All,
I am sending you proof that the application for a Zoning Change for Buzz's Lighthouse that
was presented to you at a neighborhood meeting on August 1, 2019 was, in fact, a part of
the One Naples PUD rezoning
Please note that the name of the entity under which One Naples will be operating is
HOLES MONTE INC. and the Vice President is Richard Mulhere, the same person
that proposed the first One Naples rezone. These people represent Brian Stock.
Make no mistake, these people are clever and do know the ropes. We Do Not. We need
to remain vigilant or we will not have our concerns met. I WAS TOLD THAT THE
MEETING AT THE LIBRARY ON AUGUST 1, 2019 DID NOT CONCERN NAPLES ONE.
NOT TRUE
i AM NOW TELLING EVERYONE THAT IT DID. iT APPEARS THAT STOCK IS GOING
AFTER THE ZONING CHANGE PARCEL BY PARCEL.
i THINK IT WOULD BE IN OUR BEST INTEREST TO RESPOND TO THIS MEETING IN
WRITING. WAS ANYONE THERE FROM BAREFOOT PELICAN WHO COULD MAKE
COMMENTS. i WOULD BE HAPPY TO PEN THE LETTER
BETTY PIRCIO/
epircio@verizon.net
-----Original Message-----
From: Scott White <scott@swhitecpa.com>
To: epircio@verizon.net <epircio@verizon.net>
Sent: Thu, Aug 8, 2019 2:34 pm
Subject: Scan Document
Scott A White, CPA LLC.
The Willard Building
1266 Furnace Brook Parkway, Suite 100A
Quincy, MA 02169
p - (781) 849-7500
f - (781) 843-9600
http://www.scottwhitecpa.com/
3
scott@swhitecpa.com
Any tax advice contained in this e-mail was not intended or written by the practitioner to be used (and cannot be used) by
the taxpayer to avoid penalties that may be imposed under the Internal Revenue Code or applicable state of local tax law
provisions.
SAW and the sender of this email accept no responsibility for loss or damage from its use, including damage from any
attachments, viruses, worms, and/or malicious codes.
1
SolisAndy
From:HELEN SUE GRAVES <suegraves132@hotmail.com>
Sent:Wednesday, August 21, 2019 3:16 PM
To:epircio@verizon.net; scott@swhitecpa.com; SolisAndy; GoodnerAngela; mcbc71
@verizon.net; ralphcowie1@gmail.com; ewdamon@gmail.com; davidgalloway239
@gmail.com; kathyhh42@gmail.com; jeremiahl@sandcastlecm.com;
ckasper@hullinc.com
Subject:Re: zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Follow Up Flag:Follow up
Flag Status:Flagged
Thank you, Betty, for writing this letter. I, too, was uncomfortable with this PUD request. Your
points were spot on and convincing. I hope you're feeling better. Sue Graves
From: epircio@verizon.net
Sent: Tuesday, August 20, 2019 9:09 AM
To: scott@swhitecpa.com ; andy.solis@colliercountyfl.gov ; angela.goodner@colliercountyfl.gov ; mcbc71@verizon.net ;
ralphcowie1@gmail.com ; ewdamon@gmail.com ; davidgalloway239@gmail.com ; suegraves132@hotmail.com ;
kathyhh42@gmail.com ; jeremiahl@sandcastlecm.com ; ckasper@hullinc.com
Subject: Fwd: zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Re-sending as some did not receive. Please forward to interested parties
epircio@verizon.net
-----Original Message-----
From: epircio
To: james.sabo
Sent: Mon, Aug 19, 2019 5:11 pm
Subject: Re-zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Dear Jim,
Thank you for speaking to me the other day about the application to re-zone the parcel of land noted
above from Commercial 3 to a PUD. I own a condominium in Barefoot Pelican, located at 271 South
Bay Drive, Naples, FL and have some experience in zoning matters. I have reviewed the application,
researched the zoning, and had a conversation with Robert Mulhere of Hole Montes, the
representative of the owner.
I was unable to attend the Neighborhood Meeting on August 1, 2019 as were many others and thus,
want to use this opportunity to voice my concerns regarding re-zoning this parcel. Attached please
find a memorandum that I would request be part of the record of this application. In it I note my
personal objections to re-zoning a parcel as small as .62 acres to a PUD.
I look forward to attending the public hearing later on this year to discuss this application more fully.
Respectfully
Elizabeth A. Pircio
1
SolisAndy
From:jcleveland@e-wasteonline.com
Sent:Thursday, August 22, 2019 11:55 AM
To:SolisAndy
Cc:'Audrey Bamberger'; 'Lance Ford'; 'Steve O'Brien'; 'Jay Halloran'
Subject:FW: Buzz's Lighthouse - PUD Zoning Change
Commissioner please see the document below written by one of my fellow board members in regards to the Buzz’s
Lighthouse Zoning request.
Your comments would be greatly appreciated.
Jim Cleveland
Founder & CEO
5211 Hudson Dr., Hudson, OH 44236
Phone 330-650-0274 | Cell: 330-322-7161
www.e-wasteonline.com
e-Waste, LLC is an R2: 2013, ISO 14001:2015, OHSAS 18001:2007 Certified Company
From: Jay Halloran
Sent: Thursday, August 22, 2019 10:58 AM
To: Raybellows@colliergov.net; davidweeks@colliergov.net; jeremyfrantz@colliergov.net; lauriebeard@colliergov.net;
jamessabo@colliergov.net
Subject: Buzz’s Lighthouse - PUD Zoning Change
Ray Bellows, Zoning Manager Collier County
David Weeks, Growth Management Planning Manager
James Sabo, Principal Planner, Zoning
Jeremy Frantz, Land Development Code Manager
Laurie Beard, PUD Monitoring Coordinator
Collier County Government
2800 North Horseshoe Drive
Naples FL 34104
All:
RE: Duggan Family – Buzz’s Lighthouse
Petition PUDZ-PL-20180002793, Petition SSGMPA-PL20180002792/CP2019-3-
Dear All
First of all, thank you all for your service to our community.
Secondly, I am concerned with the actions being taken by the applicant regarding the application for rezoning
Commercial-3 to PUD for the above-mentioned petition. The application is seeking to change the zoning from
Commercial 3 to a PUD. The current zoning C-3 is “grandfathered” in because the motel and restaurant use has
2
apparently been there for many years. Therefore, the owners of the property are free to maintain, repair and rebuild
their property using the “current non-conforming uses”.
The Neighborhood Meeting was held on August 1, 2019. Most residents received notice of this meeting through the
Vanderbilt Beach Residents Association after July 28, 2019 leaving just 3 days to prepare to attend. As many residents
are not in Florida for the months of July and August, we were unable to voice our comments on this rezoning
application. If the notice was published in the local newspaper, we were unaware of that as well. This should not
mitigate the rights of the Florida residence that spend time in other states during the summer months. As previously
stated by Elizabeth A Pircio in her August 19th email to you, many aspects to this re-zoning are troubling to an
environmentally sensitive neighborhood that is already faced with significant development such as Naples One.
The application states that the owner is concerned that if the current use is stopped for reasons such as accidental
destruction, natural causes, etc., they will not be allowed to re- build using the same uses. However, “Grandfathered
Use” allows the applicant to continue the use of the motel and restaurant and thus rebuild.
In Elizabeth A Pircio’s letter she states: In my opinion, there is a potential issue for “Spot Zoning” with this application.
None of the abutting parcels of land surrounding this parcel are zoned as PUDs. In fact, the nearest PUD lies hundreds of
feet away. Spot Zoning is defined as changing zoning on a parcel of land when the rezoning is usually at odds with the
city Master Plan. The defining characteristic for a complaint of Spot Zoning is the unjustified special treatment that
benefits an owner, while undermining the pre-existing rights and uses of adjacent property owners. Can you confirm
that this is not taking place and if not what is? Changing the zoning to the only PUD in the immediate surrounding area
can be detrimental for the neighborhood.
In the Zoning along Gulf Shore Drive by Vanderbilt Beach, most of the parcels are included in the Vanderbilt Beach
Residential Tourist Overlay District, including the parcel abutting this applicant. In reviewing this district, it states that
the purpose is to encourage development of the area to be sensitive to the scale, compatibility and sense of place that
exists in the Vanderbilt Beach area. It states further that these procedures will protect view corridors, light and air
movements etc. The uses permitted include hotels, motels, and accessory uses such as restaurants. So, there is a readily
available Zoning that will fit the needs of this applicant and smoothly merge into the current zoning rather than applying
for a PUD re-zone that will be detrimental to the neighborhood and set a dangerous precedent for future applicants. The
design standards of a PUD include as follows: the ability to “encourage the redevelopment of relatively large tracts of
land under unified ownership or control. This is a small (less than 1 acre).
Collier County has a Master Plan that was properly engineered with understanding of the impacts of growth,
infrastructure needs and rezoning. For the Master plan to be continually re-zoned by each individual to maximize their
development and increase their financial benefit will put significant stress on the infrastructure and environment. There
should also be consideration of the precedent that would be set if the re-zoning is awarded in this matter. How will the
Committee legally prevent other businesses in Collier County from coming before the county for a re-zone to a PUD no
matter how small the parcel is?
The application for the re-zone to a PUD will set a precedent for any other developer to buy a parcel of land of any size
in any neighborhood and attempt to have it re-zoned to a PUD. How could Collier County justify denying future re-zones
to PUD’s no matter how small the parcels are? How would these precedents stand up in court should any PUD
application be denied? The question is “why is the applicant applying for a re-zone to a PUD when the abutting
Vanderbilt Beach Overlay District permits the uses that he wants for his land”. Is it to Spot Zone first then be able to sell
this parcel to a larger developer for a much larger project in the beach area that is under continuous impact already? I
believe that there is a slippery slope that the County will be facing if this is allowed.
Respectfully,
Jay Halloran
400 Flagship Drive, unit 708
3
Naples FL 34108
Cell 7774-573-9882
Jay Halloran
President
City Building Engineering Services, LLC
Suite 300
200 Summit Drive
Burlington MA 01803
Cell: (774) 573-9882
Email: jay.halloran@cbes-us.com
1
SolisAndy
From:epircio@verizon.net
Sent:Monday, August 19, 2019 5:17 PM
To:SolisAndy; GoodnerAngela; ralphcowie1@gmail.com; mcbc71@verizon.net;
ewdamon@gmail.com; carolynjferrari@aol.com; davidgalloway239@gmail.com;
kathyhh42@gmail.com; ckasper@hullinc.com
Subject:Fwd: zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Attachments:Buzz's Lighthouse re-zone application.docx
epircio@verizon.net
-----Original Message-----
From: epircio
To: james.sabo
Sent: Mon, Aug 19, 2019 5:11 pm
Subject: Re-zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Dear Jim,
Thank you for speaking to me the other day about the application to re-zone the parcel of land noted
above from Commercial 3 to a PUD. I own a condominium in Barefoot Pelican, located at 271 South
Bay Drive, Naples, FL and have some experience in zoning matters. I have reviewed the application,
researched the zoning, and had a conversation with Robert Mulhere of Hole Montes, the
representative of the owner.
I was unable to attend the Neighborhood Meeting on August 1, 2019 as were many others and thus,
want to use this opportunity to voice my concerns regarding re-zoning this parcel. Attached please
find a memorandum that I would request be part of the record of this application. In it I note my
personal objections to re-zoning a parcel as small as .62 acres to a PUD.
I look forward to attending the public hearing later on this year to discuss this application more fully.
Respectfully
Elizabeth A. Pircio
cell 781-690-0486
epircio@verizon.net
Petition PUDZ-PL-20180002793
Petition SSGMPA-PL20180002792/CP2019-3-
Duggan Family – Buzz’s Lighthouse
Comments regarding the application for rezoning Commercial-3 to PUD
1. The Neighborhood Meeting was held on August 1, 2019. Most residents received notice of this
meeting through the Vanderbilt Beach Residents Association after July 28, 2019 leaving just 3
days to prepare to attend. As many residents are not in Florida for the months of July and
August, we were unable to voice our comments on this rezoning application. If the notice was
published in the local newspaper, we were unaware of that as well.
2. The application seeks to change the zoning from Commercial 3 to a PUD. The current zoning C-3
is “grandfathered” in because the motel and restaurant use has apparently been there for many
years. Therefore, the owners of the property are free to maintain, repair and rebuild their
property using the “current non-conforming uses”.
--------------------------------------------------------------------------------------------------------------------------------------
Many aspects to this re-zoning are troubling to the neighborhood:
A. The application states that the owner is concerned that if the current use is stopped for
reasons such as accidental destruction, natural causes, etc., they will not be allowed to
re- build using the same uses. However, “Grandfathered Use” allows the applicant to
continue the use of the motel and restaurant and thus rebuild.
B. In my opinion, there is a potential issue for “Spot Zoning” with this application. None of
the abutting parcels of land surrounding this parcel are zoned as PUDs. In fact the
nearest PUD lies hundreds of feet away. Spot Zoning is defined as changing zoning on a
parcel of land when the rezoning is usually at odds with the city Master Plan. The
defining characteristic for a complaint of Spot Zoning is the unjustified special treatment
that benefits a particular owner, while undermining the pre-existing rights and uses of
adjacent property owners. While the neighbors do not want to deprive the Duggan
family of the right to use their property, changing the zoning to the only PUD in the
immediate surrounding area can be detrimental for the neighborhood.
C. There should also be consideration of the precedent that would be set if the re-zoning is
awarded in this matter. What is to prevent other businesses in Collier County from
coming before the county for a re-zone to a PUD no matter how small the parcel is? The
design standards of a PUD include as follows: the ability to “encourage the
redevelopment of relatively large tracts of land under unified ownership or control.
Minimum area shall be 10 Contiguous acres. The Collier County List of Pud Ordinances
includes over 525 PUDS and they include large communities such as Pelican Bay, Cyprus
Woods, Lely, Mediterra, etc. Since when does a rezone of a parcel of land that is not
even an acre (.62 of an acre) justify a re-zone to a PUD?
D. Why would Collier County even have a Master Plan at all if an applicant is free to apply
to have each small parcel of land re-zoned to maximize their development and increase
their financial benefit?
E. The application for the re-zone to a PUD will set a precedent for any other developer to
buy a parcel of land in the neighborhood and attempt to have it re-zoned to a PUD. How
could Collier County justify denying future re-zones to PUD’s no matter how small the
parcels are? How would these precedents stand up in court should any Pud application
be denied?
F. Looking at the Zoning along Gulf Shore Drive by Vanderbilt Beach, it appears that most of
the parcels are included in the Vanderbilt Beach Residential Tourist Overlay District,
including the parcel abutting this applicant. In reviewing this district, it states that the
purpose is to encourage development of the area to be sensitive to the scale,
compatibility and sense of place that exists in the Vanderbilt Beach area. It states further
that these procedures will protect view corridors, light and air movements etc. The uses
permitted include hotels, motels, and accessory uses such as restaurants. So there is a
readily available Zoning that will fit the needs of this applicant and smoothly merge into
the current zoning rather than applying for a Pud re-zone that will be detrimental to the
neighborhood and set a dangerous precedent for future applicants.
In conclusion, I am wondering why the applicant is applying for a re-zone to a PUD when the abutting
Vanderbilt Beach Overlay District permits the uses that he states that he wants for his land. I am
concerned that this may be the first step in selling this parcel to a larger developer in the near future for
a much larger project in the beach area. How much easier it will be if the applicant is awarded the re-
zone to a PUD and then transfers ownership to a larger developer with much larger plans. How will the
Board be able to deny this developer his future re-zone when a much smaller parcel next door has been
granted his PUD?
Respectfully Submitted to Collier County Principal Planner, James Sabo by E-mail - 239-252-2708
August 19, 2019
Elizabeth A Pircio
271 South Bay Drive, Unit 226
Naples FL
Cell 781-690-0486
1
SolisAndy
From:Maureen Straight <mstra5050@gmail.com>
Sent:Tuesday, August 20, 2019 9:21 AM
To:GoodnerAngela; SolisAndy
Subject:Fwd: zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Attachments:Buzz's Lighthouse re-zone application.docx
Follow Up Flag:Follow up
Flag Status:Flagged
Angela and Commissioner Solis,
I am forwarding this as a member of your district with concerns on the writer's point on the precedent and
possibility of transfer of ownership. I believe this is something that the commissioner of our district should be
very mindful of, especially in light of the Stock Development original Naples one plan that included upgrades to
this property.
I would hope the maintenance of the character of the area would encourage the commissioner to speak out
against this variance and encourage the owners to seek the available zoning designation.
Thank you,
Maureen Straight
562 100th Ave. N.
Naples Park, 34108
---------- Forwarded message ---------
From: <epircio@verizon.net>
Date: Mon, Aug 19, 2019, 5:24 PM
Subject: Fwd: zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
To: <zimmerohio1@aol.com>, <bamaher55@gmail.com>, <npaa4u@gmail.com>, <ritalnappi@gmail.com>,
<patwoolley@dsbcglobal.net>, <kathyrobbins@yahoo.com>, <nsebora@charter.net>, <jennifer@lifestylespecialist.net>,
<mstra5050@gmail.com>, <kensredbarn@aol.com>, <vanderbiltbeach54@yahoo.com>,
<1barefootpelican@gmail.com>
epircio@verizon.net
-----Original Message-----
From: epircio <epircio@verizon.net>
To: james.sabo <james.sabo@colliercounty.gov>
Sent: Mon, Aug 19, 2019 5:11 pm
Subject: Re-zone of Buzz Lighthouse and motel PUDZ-PL 20180002793
Dear Jim,
Thank you for speaking to me the other day about the application to re-zone the parcel of land noted
above from Commercial 3 to a PUD. I own a condominium in Barefoot Pelican, located at 271 South
Bay Drive, Naples, FL and have some experience in zoning matters. I have reviewed the application,
researched the zoning, and had a conversation with Robert Mulhere of Hole Montes, the
representative of the owner.
2
I was unable to attend the Neighborhood Meeting on August 1, 2019 as were many others and thus,
want to use this opportunity to voice my concerns regarding re-zoning this parcel. Attached please
find a memorandum that I would request be part of the record of this application. In it I note my
personal objections to re-zoning a parcel as small as .62 acres to a PUD.
I look forward to attending the public hearing later on this year to discuss this application more fully.
Respectfully
Elizabeth A. Pircio
cell 781-690-0486
epircio@verizon.net