Agenda 04/26/2022 Item #11D (Riviera Golf Course Conversion)04/26/2022
EXECUTIVE SUMMARY
Recommendation to approve an official response to correspondence received on March
25, 2022, regarding the Riviera Golf Course Conversion, in accordance with Florida
Statutes 70.001(11)(a)1.b., known as the Bert J. Harris, Jr. Private Property Rights
Protection Act, and authorize staff to submit the response.
___________________________________________________________________________
OBJECTIVE: To approve and authorize staff to submit an official response (Attachment “A”)
to a March 25, 2022, correspondence (Attachment “B”) from Rich Yovanovich, on behalf of
La Minnesota Riviera LLC, requesting the County describe the limitations the Golf Course
Conversion Process has on his client’s property, in accordance with Fla. Stat.
70.001(11)(a)1.b.
CONSIDERATIONS: Pursuant to the Golf Course Conversion Ordinance, No. 17 -10,
applicants seeking conversion of a golf course must follow a 2 -step process consisting of
1) submission of an intent to convert golf course application and completion of requi red
stakeholder outreach meetings, and 2) submission of a rezone application. La Minnesota
Riviera, LLC, has submitted an application of intent to convert the golf course at Riviera
Golf Estates into single -family homes and is in the process of completing the stakeholder
outreach meetings.
However, on March 25, 2022, Staff received correspondence from Rich Yovanovich, on
behalf of La Minnesota Riviera, LLC, notifying the County that the Golf Course
Conversion Ordinance inordinately burdens his client’s pr operty and that the impacts to
the property are clear and unequivocal, and requesting a response from the County
describing the limitations imposed on the property by the Ordinance, pursuant to Fla. Stat.
70.001(11)(a)1.b, the Bert J. Harris, Jr. Private P roperty Rights Protection Act.
From Staff’s review of Fla. Stat. 70.001(11)(a)1.b., as well as Section 3 of Chapter 2021 -203
of the Laws of Florida, which clearly states that section 70.001(11)(a)1.b., “applies only to
claims made in response to actions taken by governmental entities on or after July 1, 2021,”
70.001(11)(a)1.b. is not applicable to the County’s action of adopting the Golf Course
Conversion Ordinance on March 28, 2017, and thus the County is not obligated to respond to
Mr. Yovanovich’s letter. However, after consultation with the County Attorney’s office, staff
recommends sending a responsive letter. Accordingly, staff, in conjunction with the County
Attorney’s Office, has prepared the attached response letter to submit to Mr. Yovanovich.
In summary, the County argues in its response that 1) The Burt J. Harris Act (Fla. Stat.
70.001) is inapplicable to the Golf Course Conversion Ordinance, 2) the Golf Course
Conversion Ordinance does not inordinately burden the property, 3) the impacts to t he
property are not clear and unequivocal, and 4) the property is impacted by South Florida
Water Management District permit #11 -00053-S, which impacts the area eligible for
development.
Due to the statutory requirement that a “governmental entity” respo nd to the notification,
and out of an abundance of caution, staff is requesting that the Board approve the attached
response letter and authorize staff to submit it.
FISCAL IMPACT: None.
11.D
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04/26/2022
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To approve and authorize staff to submit an official response to the
March 25, 2022 letter regarding the Riviera Golf Course Conversion in accordance with Fla.
Stat. 70.001(11)(a)1.b.
Prepared by: Mike Bosi, Director Planning and Zoning, Growth Management Community
Development Department
ATTACHMENT(S)
1. Attachment "A" (PDF)
2. Attachment "B" (PDF)
11.D
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04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 21908
Item Summary: *** This item to be heard at 10:30 am. *** Recommendation to direct staff to
respond to a Rich Yovanovich correspondence received March 25, 2022, regarding the Riviera Golf
Course Conversion and asking the County to describe the limitations imposed on the property by the Golf
Course Conversion Ordinance in accordance with Florida Statutes 70.001 (11)(a)1.b., the Private Property
Rights Protection Act, and authorize staff to submit the response. (Mike Bosi, Planning and Zoning
Director)
Meeting Date: 04/26/2022
Prepared by:
Title: – Zoning
Name: Mike Bosi
04/08/2022 4:08 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
04/08/2022 4:08 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 04/12/2022 11:56 AM
Growth Management Department Diane Lynch Growth Management Department Completed 04/12/2022 12:18 PM
Growth Management Department Mike Bosi Transportation Skipped 04/08/2022 4:08 PM
Growth Management Department James C French Growth Management Completed 04/13/2022 5:00 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/18/2022 5:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/18/2022 7:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/19/2022 10:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/19/2022 1:14 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/20/2022 10:01 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
11.D
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Growth Management Division
2800 Horseshoe Drive N., Naples, FL 34014
April 26, 2022
Via E-mail and Certified Mail
Coleman/Yovanovich/Koester
C/O Richard Yovanovich
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
RE: Riviera Golf Estates, March 25, 2022 Request
per Florida Statutes Section 70.001(11)(a)1.b.
Dear Mr. Yovanovich,
This letter is in response to your letter dated March 25, 2022 regarding the applicability of the Bert
Harris Jr. Private Property Rights Protection Act provisions of section 70.001(11)(a)1.b., Florida
Statutes, to your client’s property (Riviera Golf Estates) and LDC Section 5.05.15 (the “Golf
Course Conversion Ordinance”).
As you acknowledged in your letter, the County adopted the Golf Course Conversion Ordinance
by Ordinance No. 17-10 on March 28, 2017. Because Section 3 of Chapter 2021-203 of the Laws
of Florida clearly states that section 70.001(11)(a)1.b. “appl[ies] only to claims made in response
to actions taken by governmental entities on or after July 1, 2021,” this statute you cited is not
applicable to the County’s action of adopting the Golf Course Conversion Ordinance on March
28, 2017, and the County is not obligated to respond to your request.
Separately, your letter does not meet the requirements for a notice of claim of a Bert Harris action
in that it is not accompanied by a bona fide valid appraisal that supports the claim and demonstrates
the loss in fair market value, and thus the County is not treating your letter, or the County’s
response, as such. Fla. Stat. §70.001(4)(a).
Notwithstanding the above, and without waiving any objection to applicability of Section 3,
Chapter 2021-203 of the Laws of Florida, the County finds that the mere adoption of the Golf
Course Conversion Ordinance does not impact the property owner’s use of its property, nor does
it restrict the uses allowed on the property before the ordinance adoption. In fact, in the same
Ordinance No. 17-10, the County amended its LDC to expand the conditional uses permitted in
the GC, Golf course and Recreational Use District, to include additional uses.
You state that the Golf Course Conversion Ordinance inordinately burdens your client’s property
due to the requirement of a greenway with a “minimum average width of 100 feet and no less than
75 feet at any one location.” However, the Ordinance provides the Board of County
Commissioners with the flexibility to approve alternative designs for development. LDC Section
5.05.15.G.2. I, as the Zoning Director, have opined that the alternative design allowed by Section
5.05.15.G.2 allows the Board of County Commissioners with the discretion to vary from the
development standards contained within Section 5.05.15, including, but not limited to, the required
greenway. Thus, any alleged impacts to your client’s property cannot be ascertained until the
rezone petition is heard by the Board.
11.D.1
Packet Pg. 408 Attachment: Attachment "A" (21908 : Riviera Response Letter)
Growth Management Division
2800 Horseshoe Drive N., Naples, FL 34014
The limited availability of the Bert Harris Act to recovery for a specific action of a government
means that property owners cannot invoke the Bert Harris Act in facial challenges to regulations
with broad applicability. Rather, the Bert Harris Act is available in as-applied challenges only.
See, M & H Profit, Inc. v. City of Panama City, 28 So. 3d 71 (Fla. 1st DCA 2009). Contrary to the
statements made in your letter, the impact of the Golf Course Conversion Ordinance on your
client’s property is not clear and unequivocal, as required by Fla. Stat. 70.001(11)(a)(1)(a), in large
part due to the Board’s ability to approve an alternative design for development. It is not until the
rezone is vetted and the Board acts on your rezone petition that the impacts to your client’s
property, if any, will be identifiable. Therefore, the claims made in your letter are not ripe for
adjudication.
Additionally, there currently exist non-County controlled limitations to your client’s property,
pursuant to the South Florida Water Management District permit #11-00053-S, which will
ultimately impact the area of development related to Drainage easement encumbrances.
According to Riviera Colony Golf Estates-Tract Map, (Plat Book 10, Pages 104 to 112) dated
March 20, 1973, owners of the land entitled “Riviera Colony Golf Estates-Tract Map” dedicated
the Easements as shown on the plat to the perpetual use of the public for proper purposes and uses
thereon shown (The Dedication Clause). The Riviera Golf Course is comprised of Tracts A-11.7
acres, B-18.60 acres, C-45.70 acres, and D-18.57 acres for a total of 93.94 acres. In general, a
review of the Tract Map shown the following dedicated easements:
• A 15’ access easement, upland from and along the indicated lake edges is hereby
provided for use by the county maintenance work crew.
• 8.63 acres in Tract D and 5.88 acres in Tract C as a Drainage Easement for Lakes.
• A 20’ drainage easement running within and along Tract A.
• A 20’ drainage easement running over Tract C and between Tracts G and Tract F
(shown on PB 10, PG. 106).
• A 10’ wide drainage easement within and along Tracts B, C, D and G.
• An additional 10’ drainage and golf course easement on various Tracts abutting Tracts
B, C, and D (making for a total 20’ wide drainage easement).
The resolution to these encumbrances will influence the amount of area eligible for development
beyond the authority of the Board of County Commissioners.
Respectfully,
Michael Bosi, Director of Zoning
CC:
Mark Isackson, County Manager
Amy Patterson, Deputy County Manager
Dan Rodriguez, Deputy County Manager
11.D.1
Packet Pg. 409 Attachment: Attachment "A" (21908 : Riviera Response Letter)
Growth Management Division
2800 Horseshoe Drive N., Naples, FL 34014
Jeff Klatzkow, County Attorney
Jamie French, Department Head GMD
Heidi Ashton-Cicko, Managing Assistant County Attorney
Sally Ashkar, Assistant County Attorney
11.D.1
Packet Pg. 410 Attachment: Attachment "A" (21908 : Riviera Response Letter)
CYI<.
COLEMAN I YOVA�JOVICH I KOESTER
4001 Tarniarni Trail North, Suite 300
Naples, Florida 34103
T: 239.435.3535 I F: 239.435.1218
Via E-mail and Certified Mail
Collier County Zoning Department
Michael Bosi
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Riviera Golf Estates
Dear Mr. Bosi,
Email: ryovanovich@cvklawflrm.com
March 25, 2022
As you know, my client is currently pursuing a change in use from Golf Course and Recreation to
Residential Planned Development. The Golf Course and Recreation designation imposes uses that
are simply not economically viable. On the other hand, the proposed residential use is the highest
and best use of the property. Residential is consistent with the Growth Management Plan and is
plainly consistent with the existing land use pattern. The property is completely surrounded by
single and multi-family residential developments and a mobile home park. Finally, the proposed
residential use is suitable for the area. The Buffer Requirements under the Land Development
Code anticipate residential will abut residential and find this scheme of development wholly
suitable.
My client has owned the property since March 15, 2005. Prior to adoption of Section 5.05.15
("Golf Course Conversion Ordinance") on March 28, 2017, my client could have achieved the
proposed residential land use through a rezone to PUD. A rezone is accomplished through a very
specific process and is based on the application of very specific criteria.
By adopting the new law, the impact of the Golf Course Conversion Ordinance on my client's
property is clear and unequivocal. My client is now forced through a new process that is both a
significant financial burden and a delay that is not a mere temporary impact. More importantly,
the Golf Course Conversion Ordinance imposes new and additional development standards that
cause an inordinate burden on use of their property. The burden includes, without limitation, a
requirement that my client to forfeit significant portion of its lands for an undevelopable greenway
with a minimum average width of 100 feet and no less than 75 feet in any location (LDC Sec.
5.15.G.2.a) resulting in a maximum 104 SFA residential lots that can actually fit within the balance
of the developable area. But for the Golf Course Conversion Ordinance, the applicable buffer
between residential and residential under the Land Development Code is a 15 feet Type "B" Buffer
(LDC Sec. 4.06.02.B) and my client could have constructed up to 346 residential lots. This buffer
cyklawfirm.com
11.D.2
Packet Pg. 411 Attachment: Attachment "B" (21908 : Riviera Response Letter)
11.D.2Packet Pg. 412Attachment: Attachment "B" (21908 : Riviera Response Letter)