Agenda 01/10/2023 Item # 9A (Recommendation to deny an Ordinance amending Ordinance 2004-41)9.A
01 / 10/2023
EXECUTIVE SUMMARY
This item requires that all participants be sworn in, and ex parte disclosure be provided by Commission
members. Recommendation to deny an Ordinance amending Ordinance Number 2004-41, as amended, the
Collier County Land Development Code, by changing the zoning classification of the herein described real
property from a Commercial Intermediate District (C-3) Zoning District to a Mixed Use Planned Unit
Development (MPUD) Zoning District for the project to be known as Isles Of Capri MPUD, to allow
construction of mixed -use development up to 168 feet in actual height including a maximum of 108 multi-
family dwelling units, up to 10,000 square feet and 200 seats of restaurant and membership clubs, a marina
including up to 64 wet slips, a 258-unit dry boat storage facility, and a ships store and dockmaster's office
limited to 1,000 square feet, and 6,000 square feet of general offices, plus accessory indoor and outdoor
recreation uses and parking structures without limitation. The subject property is located on the Isles of
Capri on both north and south of Capri Boulevard, consisting of 5.32f acres; providing for repeal of
Resolution No. 92-588 relating to setback variances and Resolution No. 93-370 relating to a parking variance
for boat slips; and by providing an effective date. [PL20210002314] (This is a companion item to Item 9B,
GMPA-PL20200002313 Isle of Capri Mixed Use Infill Subdistrict Growth Management Plan Amendment.)
OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -
referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the
applicable codes and regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS: The subject site consists of two parcels separated by Capri Boulevard, a 2-lane local road.
The 4.12f acre north parcel is vacant, is located north of Capri Boulevard (aka Griffis Highway), and consists of
platted lots fronting on Johnson Bay (Lots 455-481 and Lots 492-501). The 1.2f acre south parcel is developed
with a marina and consists of platted lots fronting on Snook Bay (Lots 566-576). The subject site is presently
zoned C-3, Commercial Intermediate.
The applicant proposes a mixed -use development including a maximum of 108 multi -family dwelling units, up to
10,000 square feet and 200 seats of restaurant and membership clubs, a marina including up to 64 wet slips, a 258-
unit dry boat storage facility, and a ships store and dockmaster's office limited to 1,000 square feet, and 6,000 square
feet of general offices. plus, accessory indoor and outdoor recreation uses, and parking structures. Accessory
recreational uses on top of a parking garage rooftop are also proposed.
The proposed building height is 148 feet zoned and 168 feet actual for residential and mixed -use buildings. The
proposed building height is 50 feet zoned and 60 feet actual for marina buildings. The proposed setback from Isle
of Capri Boulevard is 25 feet and the proposed side yard setback is 15 feet. While the southern parcel is currently
developed with a marina including 258 dry boat storage slips and 35 wet boat slips, the PUD Ordinance does not
limit the number of and type of buildings for the north or south parcel. Please see Attachment A -Proposed PUD
Ordinance.
FISCAL IMPACT: The PUD Rezone by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD
Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on
Collier County public facilities.
The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the Capital
Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS)
for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of
every local development order approved by Collier County is required to pay a portion of the estimated
Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code
of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review
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fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning
Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (G ) IMPACT: Comprehensive Planning staff has reviewed the
proposed PUDR and has found it not consistent with the Future Land Use Element (FLUE) of the GMP. See the
GMP Consistency review on page 7 of the Staff Report and companion GMPA-20200002313 Isle of Capri Mixed -
Use Infill Subdistrict Growth Management Plan Amendment.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard
Petition PUDR PL2020002314, Isle of Capri MPUD on September 1, 2022, and continued the petition to
September 15, 2022, to hear additional testimony. The petitioner offered to reduce the number of dwelling units
from 108 units to 90 units. The petitioner also offered to reduce the 148-foot zoned and 168-foot actual heights of
each of the three waterfront residential towers located on the northern parcel as follows:
- Building 1: 125 feet zoned height, 144 feet actual height
- Building 2: 105 feet zoned height, 124 feet actual height
- Building 3: 116 feet zoned height, 135 feet actual height
The petitioner also stated the southern parcel would remain as a marina and no residential towers would be located
there.
The CCPC voted 6-1 to forward this petition to the Board with a recommendation of denial for the following
reasons:
- The petition is not compatible and complimentary to the neighborhood;
- There is no benefit or value to the Isle of Capri residents;
- There should be sensitivity to the neighbors;
- The residents do not enjoy any benefit of the property unless they join the yacht club;
- The petitioner's reduction in density and height is not significant;
- GMP Policy 5.6 requires compatibility and there is no compatibility;
- The height and density are not compatible;
- There is no affordable housing; and
- Support of staff recommendation of denial.
Letters of objection have been received. Therefore, this petition has been placed on the Regular Agenda.
It should be noted that the above changes offered by the Applicant at the hearing were not made to the Ordinance
due to the CCPC recommendation of denial.
LEGAL CONSIDERATIONS: This is a rezone from a Commercial Intermediate (C-3) Zoning District to a
Mixed -Use Planned Unit Development (MPUD) Zoning District for a project which will be known as the Isle of
Capri MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the
criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying
the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be
accomplished by finding that the proposal does not meet one or more of the listed criteria below.
Criteria for MPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and
other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other
instruments or for amendments in those proposed, particularly as they may relate to arrangements or
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provisions to be made for the continuing operation and maintenance of such areas and facilities that are
not to be provided or maintained at public expense? Findings and recommendations of this type shall
be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth
Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion.
8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map
and the elements of the Growth Management Plan?
10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to
adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment
necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of traffic
deemed incompatible with surrounding land uses, because of peak volumes or projected types of
vehicular traffic, including activity during construction phases of the development, or otherwise affect
public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent property in
accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with
existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed zoning
classification.
25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability
of adequate public facilities and services consistent with the levels of service adopted in the Collier
County Growth Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of
County Commissioners shall deem important in the protection of the public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials
supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from
interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The
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proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and
legality, and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the
Board of County Commissioners deny the request for Petition PUDR PL2020002314, Isle of Capri MPUD.
Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Staff Report -Isle of Capri 8-24-22 (PDF)
2. Attachment A -Proposed Ordinance - 121522(2) (PDF)
3. Attachment B-1 January 13 2022 NIM Transcript (PDF)
4. Attachment B-2 May 19 2022 NIM Transcript (PDF)
5. [Linked] Attachment C-Letters of Objection 9-22-22 pdf (PDF)
6. Attachment D-Example of Postcard of Objection(PDF)
7. [Linked] Attachment E-Application (PDF)
8. [Linked] CCPC Meeting Minutes of 9-1-22 and 9-15-22 (PDF)
9. Affidavit of Sign Posting 12-15-22 (PDF)
10. legal ad - agenda IDs 23394 & 23412 (PDF)
11. legal ad - Agenda IDs 23412 & 23394 (PDF)
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01 / 10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 23394
Item Summary: *** This Item to be heard following the completion of items under sections 11 and 12. *** This
item requires that all participants be sworn in, and ex parte disclosure be provided by Commission members.
Recommendation to deny an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, by changing the zoning classification of the herein described real property from a
Commercial Intermediate District (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD)
Zoning District for the project to be known as Isles Of Capri MPUD, to allow construction of mixed -use
development up to 168 feet in actual height including a maximum of 108 multi -family dwelling units, up to 10,000
square feet and 200 seats of restaurant and membership clubs, a marina including up to 64 wet slips, a 258-unit dry
boat storage facility, and a ships store and dockmaster's office limited to 1,000 square feet, and 6,000 square feet of
general offices, plus accessory indoor and outdoor recreation uses and parking structures without limitation. The
subject property is located on the Isles of Capri on both north and south of Capri Boulevard, consisting of 5.32±
acres; providing for repeal of Resolution No. 92-588 relating to setback variances and Resolution No. 93-370
relating to a parking variance for boat slips; and by providing an effective date. [PL20210002314] (This is a
companion item to Item 913, GMPA-PL20200002313 Isle of Capri Mixed Use Infill Subdistrict Growth
Management Plan Amendment.)
Meeting Date: 01/10/2023
Prepared by:
Title: Planner, Principal — Zoning
Name: Nancy Gundlach
09/16/2022 11:02 AM
Submitted by:
Title: Zoning Director — Zoning
Name: Mike Bosi
09/16/2022 11:02 AM
Approved By:
Review:
Zoning
Growth Management Department
Growth Management Department
Zoning
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Ray Bellows
Additional Reviewer
Diane Lynch
Growth Management Department
Jaime Cook
Additional Reviewer
Mike Bosi Division Director
Trinity Scott Transportation
James C French Growth Management
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Debra Windsor Level 3 OMB Gatekeeper Review
Laura Zautcke Additional Reviewer
Completed
09/16/2022 2:34 PM
Completed
09/16/2022 4:46 PM
Completed
09/16/2022 5:10 PM
Completed
09/19/2022 10:35 AM
Skipped
09/16/2022 3:41 PM
Completed
12/22/2022 8:42 AM
Completed
12/22/2022 10:04 AM
Completed
12/22/2022 10:20 AM
Completed
12/22/2022 3:53 PM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/28/2022 9:07 AM
Geoffrey Willig Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 01/03/2023 11:06 AM
01/10/2023 9:00 AM
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Dear Commissioner Shea: 9.A.f
FT MYERS FL 339
• I oppose the FCC BEACH & YACHT LLC ("FCC") plan,re o e
Isles of Capri from C2_jt9@jpQ
• FCC's acreage count (5.32+/-) is incorrect. It includes 1.2+/- acres of the existing
developed marina. The correct acreage should be 4.12+/-.
• FCC's request for a 667% increase in DUA's (from 3 to approx. 20 DUA's) is NOl
consistent, compatible, or cohesive with our neighborhood in any way, shape, or
form. Pero-R-22 Review Letter— Zoning - Comment # 3: "The proposed project
incompatible with the surroundhig neighborhood. The ma;ority of the existing
neighborhood buildings are 1-2 stories and the density is 3 DUA's. Please revis(
the proposal such that it is compatible with the surrounding neighborhood."
Collier County representatives should work to protect their constituents a,
Place our interests above Developer profits.
Signed: Date:
Name & Address:/a ✓totP'12,:=—O�a p/^
Nc&4 /�_ s F4_
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Coi ier County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION —ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 1, 2022
SUBJECT: MPUD-PL2020002314, ISLE OF CAPRI MIXED -USE PLANNED UNIT
DEVELOPMENT, COMPANION TO GMPA-PL20200002313 ISLE OF
CAPRI MIXED -USE INFILL SUBDISTRICT GROWTH
MANAGEMENT PLAN AMENDMENT
PROPERTY OWNERS/APPLICANT/AGENT:
Owner/Applicant:
FCC Beach and Yacht, LLC
8156 Fiddler's Creek Parkway
Naples, FL 34114
Agents:
D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
Richard Yovanovich, Esquire
Coleman, Yovanovich, Koester
4001 Tamiami Trail N. suite 300
Naples, FL 34103
The applicant is requesting that the Collier County Planning Commission (CCPC) consider an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
Number 2004-41, as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a Commercial Intermediate District (C-3) Zoning District to a
Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as Isles
Of Capri MPUD, to allow construction of mixed -use development up to 168 feet in actual height
including a maximum of 108 multi -family dwelling units, up to 10,000 square feet and 200 seats of
restaurant and membership clubs, a marina including up to 64 wet slips, a 258-unit dry boat storage
facility, and a ships store and dockmaster's office limited to 1,000 square feet, and 6,000 square feet
of general offices, plus accessory indoor and outdoor recreation uses and parking structures
without limitation, and by providing an effective date.
ISLE OF CAPRI MPUD-PL20210002314 August24, 2022
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SITE SUMMARY
TOTAL SITE AREA; 5.32± ACRE
MIXED USE.
GENERAL OFFICE: MAXIMUM 6.000 S.F.
MARINA:
DRY BOAT STORAGE: MAXIMUM 258 UNITS
WET SLIPS: MAXIMUM 64
SHIPS STOREIDOCK MASTER OFFICE: 1,000 S,F.
RESIDENTIAL: MAXIMUM 108 DWELLING UNITS
RESTAURANT/PRIVATE CLUB: MAXIMUM 200 SEATS AND 10.000 S.F.
OPEN SPACE:
REQUIRED' 30%
PROVIDED: 30%
DEVIATIONS FROM LDC (SEE EXHIBIT E)
0 RELIEF FROM LDC SECTION 4.02,38 3,A., "DESIGN CRITERIA AND DIMENSIONAL
REQUIREMENTS OFF-STREET PARKING"
NOTES
1, THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION
DUE TO AGENCY PERMITTING REQUIREMENTS.
2. THE SITE CONTAINS NO NATIVE VEGETATION COMMUNITIES AND NO ORIGINAL
NATIVE TREE REMAIN; THEREFORE NO NATIVE VEGETATION PRESERVATION IS
REQUIRED.
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ISLE OF CAPRI MPUD-PL20210002314
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GEOGRAPHIC LOCATION:
The subject 5.32± acre property is located on the Isles of Capri south of Kon Tiki Drive, east of
Capri Boulevard, and along the north and south side of Capri Boulevard (aka Griffis Highway) in
Section 32, Township 51 South, Range 26 East, Collier County. (See the Location Map on page 2
of this Staff Report.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject site consists of two parcels separated by Capri Boulevard, a 2-lane local road. The
4.12± acre north parcel is vacant, is located north of Capri Boulevard (aka Griffis Highway) and
consists of platted lots fronting on Johnson Bay (Lots 455-481 and Lots 492-501). The 1.2± acre
south parcel is developed with a marina and consists of platted lots fronting on Snook Bay (Lots
566-576). The subject site is presently zoned C-3, Commercial Intermediate.
The applicant proposes a mixed -use development including a maximum of 108 multi -family
dwelling units, up to 10,000 square feet and 200 seats of restaurant and membership clubs, a marina
including up to 64 wet slips, a 258-unit dry boat storage facility, and a ships store and dockmaster's
office limited to 1,000 square feet, and 6,000 square feet of general offices. plus, accessory indoor
and outdoor recreation uses, and parking structures. Accessory recreational uses on top of a parking
garage rooftop are also proposed.
The proposed building height is 148 feet zoned and 168 feet actual for residential and mixed -use
buildings. The proposed building height is 50 feet zoned and 60 feet actual for marina buildings.
The proposed setback from Isle of Capri Boulevard is 25 feet and the proposed side yard setback
is 15 feet. While the southern parcel is currently developed with a marina including 258 dry boat
storage slips and 35 wet boat slips, the PUD Ordinance does not limit the number of and type of
buildings for the north or south parcel. Please see Attachment A -Proposed PUD Ordinance.
SURROUNDING LAND USE AND ZONING:
North: Johnson Bay with a zoning designation of Rural Agriculture with a Special
Treatment Overlay (A-ST), and then single-family residences with a zoning
designation of Residential Single-family (RSF-3), and restaurant, and Capri
Boulevard and then a motel, with a zoning designation of Intermediate Commercial
(C-3)
South: Marina, motel, restaurant, with a zoning designation of (C-3), then Snook Bay with
a zoning designation of (A-ST), and then single-family residences with a zoning
designation of Residential Single-family (RSF-4)
East: Vacant lands and a commercial building with a zoning designation of Intermediate
Commercial (C-3)
West: Commercial businesses with a zoning designation of Intermediate Commercial (C-
3), and Johnson Bay with a zoning designation of (A-ST)
ISLE OF CAPRI MPUD-PL20210002314 August24, 2022
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ISLE OF CAPRI MPUD-PL20210002314
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August 24, 2022
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed the proposed PUD Rezone and is recommending
denial of the GMP Amendment as it is inconsistent with the Future Land Use Element (FLUE) of
the GMP.
According to the FLUE's Density Rating System, the subject site is eligible for a base of 4
Dwelling Units per acre (DU/A). This can apply if the site is rezoned to mixed use — but not if it
remains zoned commercial. According to the FLUE, the project is located within the Coastal High
Hazard Area, causing one base dwelling unit per gross acre to be subtracted from the eligible base
density of four dwelling units per acre — to equal a maximum base density of 3 DU/A or which
would equal 3*5.32= 15.96 DUs, rounded to 16 DUs.
Density Rating System —Density Bonus
However, the subject site is eligible for a bonus within the Density Rating System (2)(a) called the
Conversion of Commercial Zoning Bonus. Island 2 includes commercial zoning that is
"Consistent By Policy" through the Collier County Zoning Re -Evaluation Program. The subject
site is eligible for a density bonus for every acre that is converted from commercial use to
residential use. The Density Rating System is applicable to that portion of the Urban Coastal
Fringe Subdistrict to the extent that the residential density cap of 4 DU/A is not exceeded, except
for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and
except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. Most of the
densitybonus provisions in the Density Rating System cannot apply in this land use designation. In
no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal
High Hazard Area. The transfer of development rights (density bonus) is not permitted to transfer
into the Urban Coastal Fringe Subdistrict. This provision addresses hurricane evacuations and to
protect the adjacent environmentally sensitive Conservation designated areas. Accordingly,
residential densities within the Urban Coastal Fringe Subdistrict shall not exceed a maximum of
four (4) DU/A.
The maximum density for the subject site can be calculated as follows:
4 DU/A base for Urban Designation —1 DU/A for being within the Coastal High Hazard Area
+ 1 DU/A for each acre converted from Consistent By Policy Commercial to Residential = 4
DU/A (which is the maximum number of dwelling units allowed in the Urban Coastal Fringe
Subdistrict, which equals 4*5.32 = 21.28 DUs=rounded down to 21 total dwelling units (DUs).
If the applicant wishes to increase the project density, the applicant must provide a public
benefit, such as affordable housing. To encourage the provision of affordable housing within
certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to twelve (12)
residential units per gross acre may be added to the base density if the project meets the
requirements of the Affordable Housing Density Bonus Ordinance (Section 2.06.00 of the Land
Development Code, Ordinance No. 04-41, as amended). The applicant has requested a maximum
of 108 dwelling units, which is a density of 108/5.32 = 20.301 DU/A. The applicant is
requesting this density without providing a public benefit and therefore staff finds it cannot
support the requested density of 20.3 DU/A because it exceeds the maximum density of 4
DU/A for the entire project.
ISLE OF CAPRI MPUD-PL20210002314 August 24, 2022
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9.A.a
The Future Land Use Element of the GMP allows the applicant to increase the allowable density
by providing a public benefit with the inclusion of affordable housing. The GMP will allow a
density bonus of up to twelve (12) residential dwelling units per gross acre (12*5.32 = 64 DUs,
which could be added to the 21 total dwelling units (DUs) for a maximum total of 85 DUs
(21+64=85 DUs). The 64 bonus DUs can only be added to the density of 21 DUs, if the project
meets the requirements of the Affordable Housing Density Bonus Ordinance (Section 2.06.00 of
the Land Development Code. The applicant is not proposing affordable housing and
therefore, staff finds it cannot support the request for 108 DUs.
For further information, please see the GMPA-PL20200002313 Isle of Capri Mixed -Use Infill
Subdistrict GMPA staff report.
Transportation Element: Transportation Planning staff has reviewed the petition and
recommends the following:
Policy 5.1 of the Transportation Element of the GMP states:
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
consideration of their impact on the overall County transportation system, and shall not approve
any petition or application that would directly access a deficient roadway segment as identified in
the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the
current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment
that is currently operating and/or is projected to operate below an adopted Level of Service
Standard within the five-year AUIR planning period unless specific mitigating stipulations are
also approved. A petition or application has significant impacts if the traffic impact statement
reveals that any of the following occur:
a. For links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 2% of the adopted LOSstandard service volume; and
c. For all other links, the project traffic is considered to be significant up to the point where it is
equal to or exceeds 3% of the adopted LOSstandard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and
submitted as part of the traffic impact statement that addresses the project's significant impacts
on all roadways. "
Staff finding: In evaluating the Isles of Capri MPUD, staff reviewed the applicant's Traffic Impact
Statement (TIS) dated (revised) May 19, 2022, for consistency using the applicable 2021 Annual
Update and Inventory Report (AUIR).
The applicant is requesting a maximum of 108 multi -family residential dwelling units, 64 wet
slips, 258 dry boat slips, 6,000 square feet of retail/office use, and a restaurant with 10,000 square
feet or a maximum of 200 seats. The TIS provided with the petition outlines both the existing
ISLE OF CAPRI MPUD-PL20210002314 August24, 2022
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9.A.a
marina development as well as the requested additional use impacts. Staff notes that the existing
development generates approximately +/- 62 PM peak hour trips that are already occurring on the
adjacent road network. The TIS also indicates that the proposed PUD development will generate
in total approximately +/- 200 PM peak hour trips on the adjacent road network which represents
approximately +/- 138 PM peak hour, new trips on the adjacent road network. The PUD document
establishes a total PUD trip cap commitment in Exhibit F, Developer Commitments,
Transportation A., with a maximum of +/-200 PM peak hour two-way trips which is the total
number of trips allowed in the PUD including the existing facilities as well as the proposed new
development (+/-62 existing trips on the network, plus +/-138 proposed new trips, for a total of +/-
200 total trips for the proposed PUD). According to the TIS, the project impacts the following
County roadways:
Existing Roadway Network Conditions:
Roadway/
Link #
Collier
Boulevard
(CR 951)
38.0
Collier
Boulevard
(CR 951)
37.0
Collier
Boulevard
(CR 951)
36.2 (2)
Link
Location
Mainsail
Drive to
Marco
Island
Bridge
Mainsail
Drive to
Manatee
Road
Manatee to
Wal-Mart
2020
AUIR
LOS
C
P.M. Peak
Hour Peak
Direction
Service
Volume/Peak
Direction
2,200/North
2020
AUIR
Remaining
Capacity
477
D 2,200/North 299
E 2,000/North (78)
Projected
2021
2021
P.M. Peak
AUIR
AUIR
Hour/Peak
LOS
Remaining
Direction
Capacity
Project
Traffic (1)
51/SB
D
426
51/SB D 249
47/SB F (388)
Collier Wal-Mart D 2,500/North 149 43/SB E 69
Boulevard to Tamiami
(CR 951) Trail
36.1 (US 41)
Collier Tamiami C 3,200/North 803 21/South D 729
Boulevard Trial (US
(CR 951) 41) to
35.0 Rattlesnake
2.
Hammock
Road
The source for P.M. Peak Hour/Peak Direction Project Traffic is from the May 19, 2022, Traffic Impact Statement
provided by the petitioner.
This section of Collier Boulevard is under FDOT jurisdiction with construction improvements on FDOT's 5-year
improvement program.
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The Transportation Planning staff has reviewed the petitioner's application and has determined
that the adjacent roadway network has sufficient capacity to accommodate this PUD Amendment
within the 5-year planning period and found it consistent with the applicable policies of the
transportation element. Staff additionally notes that Capri Boulevard is a two-lane undivided local
roadway that is not included as part of the AUIR.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site is 5.32 acres which has been historically developed; native vegetation
preservation is not required.
GMP Conclusion: While Staff has found the Transportation and Environmental components of
the proposed land use petition consistent with the GMP, Comprehensive Planning Review staff
cannot find the Isles of Capri PUDR PL20210002314 petition consistent with the GMP. The
Comprehensive Planning Review staff is recommending denial of the companion GMPA-
PL20200002313, Isle of Capri Mixed -Use Infill Subdistrict.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.13.5,
Planning Commission Recommendation (referred to as the "PUD Findings"), and Section
10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone
Findings"), which establish the legal basis to support the CCPC's recommendation.
Water Manazement Review: Water Management staff has reviewed the petition and the proposed
PUD Rezone is not anticipated to create drainage problems in the area. Stormwater best
management practices, treatment, and storage will be addressed through the environmental
resource permitting process with the South Florida Water Management District. County staff will
also evaluate the project's stormwater management system, calculations, and design criteria at the
time of the Site Development Plan (SDP) review.
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The property has been cleared of native vegetation and consists of a dry
boat storage building and vacant parcels. No native vegetation preservation is required for the
proposed project. The environmental data indicates the proposed project is in an area that has the
potential to contain two protected animal species: gopher tortoise (Gopherus polyphemus) and
Burrowing Owl (Athene cunicularia). The property contains two burrowing owl burrows (Athene
cunicularia), which will be impacted by the proposed development. Additionally, two burrows
are located offsite to the east of the subject property (Environmental Data Page 23 of 49).
Consultation with the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding
guidelines and permitting requirements will be required prior to construction.
The property has historically contained both wet and dry boat slips; the proposed petition requests
to remove and reconfigure existing wet slip docking facilities and construct new multi -slip docking
facilities. The docking facilities have been permitted by the Florida Department of Environmental
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9.A.a
Protection (11-0083133-001 and 11-0181681-005). The petition is requesting 64 wet slips with
the existing 258 dry slips. The property is located adjacent to Snook Bay along the south boundary
and Johnson Bay along the north property boundary. Both water bodies are in the Special
Treatment Overlay (ST); additional ST permits will be required prior to the issuance of building
permits.
In accordance with LDC section 5.05.02, all proposed multi -slip docking facilities with ten or more
slips are required to be reviewed for consistency with the Manatee Protection Plan (MPP). The
MPP has been adopted by the Board of County Commissioners and approved by the Florida
Department of Environmental Protection (DEP) in 1995. The MPP has been established to provide
protection for manatees by limiting slip counts in sensitive marine habitats and improving manatee
awareness. The marina citing criteria establishes three rankings for proposed multi -slip docking
facilities: "Preferred," "Moderate," and "Protected." The rankings are determined based on an
analysis of the water depth, impact on native marine habitat, and manatee use. The ranking
outcome establishes the maximum slip count allowed for a proposed multi -slip docking facility.
The ranking will be determined with the submittal of a Manatee Awareness and Protection Plan
Consistency Determination at the time of site development review.
This project does require Environmental Advisory Council (EAC) review, as this project did meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances. Specifically, the project contains burrowing owls and
buffer protection zones. Environmental Services staff recommends approval of the proposed
petition.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Landscape Review: The buffers labeled on the Master Plan are consistent with the LDC except for the
eastern buffer abutting commercial zoning located on the South parcel. Staff s understanding is that the
intent for the Mixed -Use (MU) parcel located on the South side of Capri Boulevard is to maintain the
existing land use which is boat storage/marina. However, it is labeled as the same as the MU parcel on
the North side of the road. According to the proposed ordinance, this would allow residential use. Since
the existing land use to the east of the South parcel is not also MU, a Type B landscape buffer would be
required, the same as the landscape buffer requirement along the north side of Capri Boulevard. Should
the PUD rezone be found consistent with the companion GMPA, then staff recommends the following
Condition of Approval:
1. Should the existing marina be redeveloped, a 15' Type landscape buffer shall be provided
along the eastern boundary of the South parcel where it abuts existing C-3 zoning.
School District: At this time, there is existing or planned capacity within the next 5 years for the
proposed development at the elementary, middle, and high school levels. At the time of the site
plan orplat, the development project would be reviewed forconcurrency to ensure there is capacity
either within the concurrency service area the project is located within or adjacent concurrency
service areas.
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Utilities Review: The project lies within the regional potable water service area of the Collier County
Water -Sewer District (CCWSD) and the City of Marco Island's wastewater service area. CCWSD
confirms that water service is readily available via connection to existing infrastructure on -site and
within adjacent rights -of -way; sufficient water treatment capacity is available. Should the PUD rezone
be found consistent with the companion GMPA, then staff recommends the following Condition of
Approval:
2. Wastewater capacity shall be coordinated with the City of Marco Island Utilities.
Zonin,z and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible
with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the
requested uses and intensity on the subject site, the compatibility analysis included a review of the
subiect proposal comparing it to surrounding or nearby properties as to allowed use intensities and
densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass,
building location and orientation, architectural features, amount and type of open space and location.
Staff believes as currently proposed, the proposed development will not be compatible with and
complementary to the surrounding land uses. Staff offers the following analysis of this project:
The Isle of Capri is composed of four islands. The islands are predominately residential except for
island number two, known by residents as the "business island." The subject site is located on the
"business island" of the Isle of Capri, shown in pale blue below:
r-
Ale �+ +r-
The "business island" is Commercial Intermediate (C-3) zoning except for a small corner to the east
of the subject site, which is developed with two-story Residential Multi -family (RMF-16) zoning.
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The subject site (north and south parcels) is also located across the water and within 300-400 feet of
developed Residential Single-family (RSF-3 and RSF-4) zoning. Please see the chart below for a
comparison of the setbacks and heights of the C-3, RMF-16, and Isle of Capri MPUD:
75 feet
50% of building
height, not less
than 30 feet
50 feet
50% of building
height, not less
than 25 feet
16 DUA's N/A
JLMM
35 feet 148 feet
30 feet/25 feet 25 feet
3/4 DUA's 20.4 DUA's
L
As previously stated, the subject property consists of two parcels separated by Capri Boulevard, a
2-lane local road. The 4.12± acre north parcel is vacant. The 1.2± acre south parcel is developed
with a marina and consists of platted lots fronting Snook Bay.
The current C-3 zoning district allows for a wider variety of goods and services for areas expected
to receive a higher degree of auto traffic. The variety of goods and services provides an opportunity
for comparison shopping. The district is intended for planned shopping centers as well. General
commercial uses, such as retail merchandise, healthcare offices, banks, religious, and other
comparable uses are permitted.
As previously stated, the applicant proposes a mixed -use development consisting of up to 108
dwelling units, a marina consisting of a maximum of 258 dry storage racks, 64 wet slips and 1,000
square feet of ships store, 200 seat restaurant including private clubs, not to exceed 10,000 square
feet, and 6,000 square feet of commercial floor area. Accessory recreational uses located on top
of a parking garage rooftop are also proposed.
The proposed building height is 148 feet zoned and 168 feet actual for residential and mixed -use
buildings. The proposed building height is 50 feet zoned and 60 feet actual for marina buildings.
The proposed setback from Capri Boulevard is 25 feet and 15 feet from internal (side yard)
boundaries.
The subject property is predominately surrounded by existing one and two-story buildings on the C-3
zoned "business island." It is also located within 300-400 feet of single-family residences to the north
and the south. The proposed building height is nearly three times the 50-foot zoned height of the C-3
ISLE OF CAPRI MPUD-PL20210002314 August24, 2022
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9.A.a
zoning designation, nearly twice the 75-foot zone height of the RMF-16 zoning designation, and more
than four times the 35-foot zoned height of the RSF-3 zoning designation. Please see the buildingheight
comparison chart below:
180
160
140
12D
100
80
6o
40
as ■0
Single Family Building
Height
Marina Building Height Proposed lsleofCapri RM F-16 Bui I ding H eight
MPUD Height
■ Zoned Building Height [Feet} ■ Actual Height (Feet)
BUILDING HEIGHTS COMPARISON CHART
Staff is constrained from recommending approval since the petition is inconsistent with the Future Land
Use Element of the GMP. However, should the petition be found consistent with the GMP, then staff
recommends the following Condition of Approval:
3. The zoned residential or mixed -use building height shall be a maximum of 75 feet.
Staff also notes that building heights over 50 feet on the "business island" also require a front setback
that is the equivalent of halfthe buildingheight. Staffis constrained from recommending approval since
the petition is inconsistent withthe Future Land Use Element of the GMP. However, should the petition
be found consistent with the GMP, then staff recommends the following Condition of Approval:
4. The residential or mixed -use buildings shall have a front yard setback of 3 7.5 feet from the Capri
Boulevard right-of-way.
At the Neighborhood Information Meeting, the Isle of Capri residents expressed concerns that there are
no proposed commercial uses that are a benefit to them. Staff agrees with the resident's concern. Staff
is constrained from recommending approval since the petition is inconsistent with the Future Land Use
Element of the GMP. However, should the petition be found consistent with the GMP, then staff
recommends the following Conditions of Approval:
5. In addition to the private commercial uses, commercial retail uses such as but not limited to
restaurants, coffee shops, and retail that are open to the public shall be provided.
It has come to Staffs attention that "MU" is not defined in the Master Plan. Should the PUD rezone be
found consistent with the companion GMPA, then staff recommends the following Condition Staff is
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9.A.a
constrained from recommending approval since the petition is inconsistent with the Future Land Use
Element of the GMP. However, should the petition be found consistent with the GMP, then staff
recommends the following Condition of Approval:
6. Mixed -use (MU) shall be defined on page 2 of the Master Plan.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and
recommendations to the Planning Commission to the Board of County Commissioners ... shall
show that the Planning Commission has studied and considered the proposed change in relation to
the following when applicable." Zoning Division staff responses are in non -bold:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map (FLUM) and the elements of the GMP.
Comprehensive Planning staff has determined the petition is not consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP.
2. The existing land use pattern.
The existing land use pattern related to surrounding properties is described in the
Surrounding Land Use and Zoning section of this report. The proposed use will change the
existing commercial land use patterns in the area by adding high -density multi -family and
mixed -use residential towers to the Isle of Capri business island, thereby intensifying the
land use on the island.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The proposed development will result in an isolated district unrelated to the adjacent and
nearby districts. The property is currently zoned C-3 Commercial Intermediate. The
application request is to rezone to MPUD to allow in residential and mix -use towers at a
zoned height of 148 feet. As previously stated, the height and setback of the towers along
with the lack of public commercial land uses such as retail and restaurant use are
incompatible with the neighborhood.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The existing district boundaries are logically drawn. The proposed MPUD boundaries are
logical and appropriate in terms of PUD boundaries.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary. As stated in the Zoning Division review, the
property could be developed under the C-3 zoning district. The property owner does not
wish to develop the property utilizing the current C-3 zoning provisions and has requested
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9.A.a
to rezone the property, as well as amend the Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed project is likely to adversely influence living conditions in the neighborhood.
As previously stated, the out -of -scale 148-foot (zoned) height and 168-foot (actual) height
buildings, the proximity of the buildings within 25 feet of Capri Boulevard, the proximity
of the buildings within 15 feet of a 1-2 story commercially developed property, and the
single-family residences located 300-400 feet across the water, and the reduction of public
commercial land use space accessible to the public will have an adverse impact on the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The Transportation Division states that the roadway infrastructure is sufficient to serve the
proposed project. Additional operational impacts will be addressed at the time of the first
development order (SDP or Plat), at which time a new TIS will be required to demonstrate
turning movements for all site access points. Finally, the project's development must
comply with all other applicable concurrency management regulations when development
approvals, including but not limited to any plats and or site development plans, are sought.
8. Whether the proposed change will create a drainage problem.
It is not anticipated that the rezone request to MPUD will create drainage problems in the
area. Stormwater best management practices, treatment, and storage for this project will be
addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County environmental staff will evaluate the stormwater
management system and design criteria at the time of SDP.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The project proposes the construction of 148-foot (zoned) height and 168-foot (actual)
height buildings. The light and air in adjacent areas will be affected.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
Property value is affected by many factors. It is driven by market conditions and is
generally a subjective determination. Zoning alone is not likely to adversely affect property
values. Generally, market conditions prevail.
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9.A.a
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Most of the adjacent property is vacant or is developed for commercial uses. The approval
of the rezone request from C-3 to MPUD is not likely to deter the development activity of
the surrounding property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The proposed rezone to MPUD is not consistent with the GMP. Therefore, it is not
consistent with public policy, and the change results in the granting of a special privilege.
Consistency with the FLUE is determined to be consistent with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning. The applicant has not
provided any evidence that the property cannot be used in accordance with C-3 zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The Zoning Division staff finds that the proposed change exceeds the existing C-3 zone
district and Section 4.02.01 LDC standards for maximum height, setbacks, scale, and
massing. However, with the staff conditions of approval, and if the companion GMPA
could the approval of the companion GMPA, it would not be out of scale with the needs of
the neighborhood or the County.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The application was reviewed and found compliant with the GMP (if the companion
amendment is approved) and the LDC. The Zoning Division staff does not review other
sites related to a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
If the subject PUDR could be approved, the development anticipated by the PUD
Document would require site alteration. The project will undergo evaluation relative to all
federal, state, and local development regulations during the SDP and/or PPL processes, and
as part of the building permit process.
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17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The subject petition has been reviewed by the Comprehensive Planning staff for
consistency with the GMP, and it is not consistent with the GMP.
The project lies within the regional potable water service area of the Collier County Water -
Sewer District (CCWSD) and the City of Marco Island's wastewater service area. CCWSD
confirms that water service is readily available via connection to existing infrastructure on -
site and within adjacent rights -of -way; sufficient water treatment capacity is available.
The project must comply with the criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities (APF) and must be consistent with applicable goals and
objectives of the GMP related to adequate public facilities. The concurrency review for
APF is determined at the time of the SDP review.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
PUD FINDINGS:
LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan's compliance with the following criteria in addition to the
findings in LDC Section 10.02.08": (Zoning Division staff responses in non -bold).
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
The project as previously stated, may not be suitable. Zoning Division staff has reviewed
the proposed rezoning request and if the staff Conditions of Approval are followed and if
the companion GMPA were consistent with the GMP, then staff could find the uses for
residential, marina, and commercial are compatible and suitable subject to staff's
Conditions of Approval.
The traffic suitability was reviewed by the Transportation Division and is acceptable.
Drainage will be reviewed at the time of SDP. The Public Utilities Division states that the
project lies within the regional potable water service area of the Collier County Water -
Sewer District (CCWSD) and the City of Marco Island's wastewater service area. CCWSD
confirms that water service is readily available via connection to existing infrastructure on -
site and within adjacent rights -of -way; sufficient water treatment capacity is available.
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9.A.a
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application were reviewed by the County Attorney's Office
and demonstrated unified control.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Comprehensive Planning staff has reviewed the petition and analyzed it for consistency
with the goals, objectives, and policies of the GMP and they find it to be inconsistent with
the GMP.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on the location of improvements, restrictions on design, and
buffering and screening requirements.
The proposed development project eliminates a portion of the existing C-3 property on the Isle
of Capri "business island." Per statements made at the Neighborhood Information Meeting, the
petitioner has not proposed any new commercial uses open to the public. Therefore, staff
recommends Condition of Approval number 4 which states (subject to the approval of the
companion GMPA):
"Commercial retail uses such as but not limited to restaurants, coffee shops, and
retail that are open to the public shall be provided. "
As noted previously, building heights over 50 feet also require a front setback that is the
equivalent of half the building height. Therefore, staff recommends Condition of Approval 3
which states (subject to the approval of the companion GMPA):
"The residential or mixed -use buildings shall have a frontyard setbackof 37.5 feet
from the Capri Boulevard right-of-way. "
The proposed PUD buffering along the eastern boundary of the south parcel of the existing
marina parcel is insufficient, therefore staff has proposed Condition of Approval number 1
which states (subject to the approval of the companion GMPA):
"Should the existing marina be redeveloped, a 15' Type B landscape buffer shall be
provided along the eastern boundary of the South parcel where it abuts existing C-
3 zoning. "
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5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
The project lies within the regional potable water service area of the CCWSD and the City
of Marco Island's wastewater service area. CCWSD confirms that water service is readily
available via connection to existing infrastructure on -site and within adjacent rights -of -
way; sufficient water treatment capacity is available.
Pursuant to Sec. 134-57(a) of the Collier County Code of Ordinances, the availability of
potable water and wastewater services must be verified in writing by CCWSD and the City
of Marco Island respectively prior to submittal of construction documents.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
If the subject development could be made consistent with the GMP and if the staff
Conditions of Approval are followed, then the surrounding areas may accommodate the
proposed expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on a determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to the literal application of
such regulations.
There is one deviation proposed for the requested PUD, which is detailed in the deviation
section of this staff report below.
DEVIATION DISCUSSION:
The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly
extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation are
outlined below.
Deviation #1
Deviation #1 requests relief from LDC Section 4.02.38.K.3.a., "Design Criteria and Dimensional
Requirements Off -Street Parking," which requires parking lots or parking structures shall be
located to the rear of buildings located on the main street, or along the secondary/side streets. Off-
street parking shall not occur in front of the primary fagade, instead allow parking lots or parking
structures to occur in front of the primary fagade.
Petitioner's Justification: The petitioner states the following in support of the deviation:
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This site is unique in that the main street doubles back along two sides and, with the third side
being waterfront, does not allow for parking behind the building.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety,
and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated
that the deviation is "justified as meeting public purposes to a degree at least equivalent to the
literal application of such regulations."
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant held two NIMs for this petition. The first NIM was held on January 13, 2022, at the
South Regional Library, 8065 Lely Cultural Parkway, Naples, Florida. There were approximately
350 attendees at the NIM who opposed the petition.
The Agent voluntarily held a second NIM on May 19, 2022, at the same location. There were 175
attendees at the NIM. Please see Attachment B-1: NIM Summary I and Attachment B-2: NIM
Summary 2.
The residents have submitted approximately 50 Letters of Objection along with 516 postcards.
Some of the reasons for objecting to the proposed development are:
- Do not want towers smack dab in the middle of the island on top of us
- Too high density/intensity
- The Urban Coastal Fringe and Urban High Hazard Area only permit 3 dwellings per acre
- Towers are taller than the currently allowed 50-foot building height
- The Isle of Capri is a jewel as it is; this development will tarnish it
- The towers do not belong mid -island. They belong closer to Collier Boulevard where existing
infrastructure can handle it better
- Three towers will swallow our single-family homes
- The proposed development will cause a slew of problems for our tiny island and its residents
- Sulfur -contaminated wastewater is killing our sea grass and sea life
- Love our old fishing village as it is.
- Can't relieve existing crowded restaurants with a private restaurant
- Will destroy mangroves
- Gated residential does not belong here
- The development will cause flooding to adjacent properties
- Protect sealife and environmentally sensitive water
- Stop the assault on land and water with high -density towers
- This (proposed development) is outside the character of our community
- The beginning of the end of island life
- Want to keep the sleepy character of Isle of Capri
- Want commercial development
Please see Attachment C-Letters of Objection and Attachment D-Example of Postcard of Objection.
ISLE OF CAPRI MPUD-PL20210002314 August24, 2022
Page 21 of 22
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ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project requires Environmental Advisory Council (EAC) review, as this project meets the
EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report for content and legal sufficiency on
August 15, 2022.
RECOMMENDATION:
Staff is constrained from recommending approval of Petition PUDR-PL20210002314, Isle of Capri
MPUD. The proposed MPUD and proposed GMPA-PL20200002315 Isle of Capri Subdistrict
GMPA are inconsistent with the Future Land Use Element of the GMP. However, if the proposed
development could be made consistent with the GMP, Planning and Zoning Review staff could
recommend that the CCPC forward Petition PUDR-PL20210002314, Isle of Capri MPUD to the
BCC with a recommendation of approval subject to the adoption of the companion GMPA and the
following Conditions of Approval:
1. Should the existing marina be redeveloped, a 15'TypeB landscape buffershallbeprovided
along the eastern boundary of the South parcel where it abuts existing C-3 zoning.
2. Wastewater capacity shall be coordinated with the City of Marco Island Utilities.
3. The zoned residential or mired -use building height shall be a maximum of 75 feet.
4. The residential or mixed -use buildings shall have a front yard setback of 37.5 feetfrom the
Capri Boulevard right-of-way.
5. Commercial retail uses such as but not limited to restaurants, coffee shops, and retail that
are open to the public shall be provided.
6. Mixed -use (MU) shall be defined on page 2 of the Master Plan.
Attachments -
Attachment A -Proposed PUD Ordinance
Attachment B-1 NIM Transcript, January 13, 2022
Attachment B-2 NIM Transcript, May 19, 2022
Attachment C-Letters of Objection
Attachment D-Example of Postcard of Objection
Attachment E-Application
ISLE OF CAPRI MPUD-PL20210002314 August 24, 2022
Page 22 of 22
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ORDINANCE NO.2023-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING
DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS ISLES OF CAPRI MPUD, TO
ALLOW CONSTRUCTION OF MIXED USE DEVELOPMENT
UP TO 168 FEET IN ACTUAL HEIGHT INCLUDING A
MAXIMUM OF 108 MULTI -FAMILY DWELLING UNITS, UP
TO 10,000 SQUARE FEET AND 200 SEATS OF RESTAURANT
AND MEMBERSHIP CLUBS, A MARINA INCLUDING UP TO
64 WET SLIPS, A 258-UNIT DRY BOAT STORAGE
FACILITY, AND A SHIPS STORE AND DOCKMASTER'S
OFFICE LIMITED TO 1,000 SQUARE FEET, AND 6,000
SQUARE FEET OF GENERAL OFFICES, PLUS ACCESSORY
INDOOR AND OUTDOOR RECREATION USES AND
PARKING STRUCTURES WITHOUT LIMITATION. THE
SUBJECT PROPERTY IS LOCATED ON THE ISLES OF
CAPRI ON BOTH NORTH AND SOUTH OF CAPRI
BOULEVARD IN SECTION 32, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, CONSISTING OF 5.32t ACRES;
PROVIDING FOR REPEAL OF RESOLUTION NO. 92-588
RELATING TO SETBACK VARIANCES AND RESOLUTION
NO. 93-370 RELATING TO A PARKING VARIANCE FOR
BOAT SLIPS; AND BY PROVIDING AN EFFECTIVE DATE.
[PL20210002314]
WHEREAS, FCC Beach & Yacht, LLC, represented by R. Wayne Arnold, AICP of
Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich
& Koester, P.A., petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
[21-CPS-02173/1759427/11167
Isles of Capri / PL20210002314
12/15/22 1 of 3
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial
Intermediate (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning
District for a 5.32+/- acre parcel to be known as Isles of Capri MPUD, in accordance with
Exhibits A through F-1 attached hereto and incorporated by reference herein. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Resolution No. 92-588 relating to setback variances and Resolution No. 93-370 relating
to a parking variance for boat slips are hereby repealed.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2023 - becomes
effective.
PASSED AND DULY ADOPTED by super -majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2023
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
RIM
, Deputy Clerk
En
[21-CPS-02173/1759427/11167
Isles of Capri / PL20210002314
12/15/22 2 of 3
Rick LoCastro, Chairman
Packet Pg. 48
9.A.b
Approved as to form and legality:
Heidi Ashton-Cicko
fI''S"VV
%Ai v
Managing Assistant County Attorney
Attachments: Exhibit A: List of Permitted Uses
Exhibit B: List of Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: List of Deviations from LDC
Exhibit F: List of Developer Commitments
Exhibit F-1: Tidal Flushing Culverts
[21-CPS-02173/1759427/1]167
Isles of Capri / PL20210002314
12/15/22 3 of 3
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EXHIBIT A
LIST OF PERMITTED USES
Regulations for development of this PUD shall be in accordance with the contents of this
document and all applicable sections of the Growth Management Plan (GMD), the Land
Development Code (LDC), and the Administrative Code in effect at the time of approval of
the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide
development standards, then the provision of the specific sections of the LDC that are
otherwise applicable shall apply.
PERMITTED USES:
A maximum of 108 residential dwelling units; a marina with 64 wet slips, 258-unit dry boat
storage facility and a ship's store, retail and/or dockmaster office limited to 1,000 square
feet, up to 10,000 square feet and 200 seat restaurant including private clubs; and 6,000
square feet of gross office floor area shall be permitted within the MPUD. No building or
structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,
for other than the following:
A. Principal Uses:
1. Eating places, not to exceed 200 seats and 10,000 square feet (5812) including
membership clubs (7997) limited to beach clubs, boating clubs and yacht club;
and
2. Marina, not to exceed 258-unit dry boat storage facility, 64 wet slips and
1,000 square feet of retail for a Ships Store and Dock Master offices.
Temporary marina facilities including dock master offices, ship store and
sales/leasing facilities shall be permitted prior to construction of permanent
marina facilities. The temporary marina facilities shall be removed within 30
days of receipt of the first Certificate of Occupancy issued for the permanent
marina facilities; and
3. Multi -family dwellings, up to 108 dwelling units; and
4. General offices, not to exceed 6,000 square feet.
Any other principal use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner
by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page
Packet Pg. 50
9.A.b
1. Indoor and outdoor recreational facilities (with the indoor and outdoor
recreational facilities located on the parking garage roof top for residents and
their guests); and
2. Gatehouses and security gates and parking structures; and
3. Sales and leasing offices.
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page
Packet Pg. 51
9.A.b
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in these development standard tables. Standards
not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or subdivision plat.
TABLE I
DEVELOPMENT STANDARDS
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
10,000 Sq. Ft.
N/A
MINIMUM LOT WIDTH
150 Ft.
N/A
MINIMUM YARDS (External)
From Isles of Capri ROW
25 Ft.
25 Ft. or 14 Ft.
for existing boat
storage
From Waterfront
25 Ft., 0 Ft. for Marina
0 Ft.
From Northern Project Boundary
25 Ft.
10 Ft.
From Eastern Project Boundary
25 Ft.
10 Ft.
From Western Project Boundary
25 Ft.
10 Ft.
Minimum yards (internal)
Internal Drives/ROW
10 Ft.
5 Ft.
Rear
10 Ft.
5 Ft.
Side
10 Ft.
5 Ft.
MINIMUM DISTANCE BETWEEN STRUCTURES
50 Ft.*
10 Ft.
Maximum height
Marina Buildings: zoned/actual
50 Ft. / 60 Ft. ****
30 Ft. / 35 Ft.
Residential or mixed -use Buildings:
zoned/actual
148 Ft. / 168 Ft.
30 Ft. / 35 Ft.***
MINIMUM FLOOR AREA
1,000 Sq. Ft. **
N/A
MAXIMUM GROSS AREA
Marina
64 Wet Slips
258 Dry Boat Storage Units
1,000 Sq. Ft. Ships Store and Dock
Master Office
N/A
Commercial
6,000 Sq. Ft.
N/A
Restaurant
200 seats / 10,000 Sq. Ft.
N/A
* This separation requirement is applicable between the residential tower elements. Other principal uses shall have a E
t
building separation of 75 feet.
** Per principal structure, on the finished first floor. Q
*** Not applicable to accessory uses located in a mixed -use building. Detached parking structures shall have an actual
height of 40 feet.
**** Existing clocktower is permitted an actual height of 80.5 feet.
(Isles of Capri MPUD PL20210002314) (u1j, 22, 2022) Page 3 of 10 Packet Pg. 52
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SITE SUMMARY
TOTAL SITE AREA: 5.32± ACRE
MIXFn USF.
GENERAL OFFICE: MAXIMUM 6,000 S.F.
MARINA:
DRY BOAT STORAGE: MAXIMUM 258 UNITS
WET SLIPS: MAXIMUM 64
SHIPS STORE/DOCK MASTER OFFICE: 1,000 S.F.
RESIDENTIAL: MAXIMUM 108 DWELLING UNITS
RESTAURANT/PRIVATE CLUB: MAXIMUM 200 SEATS AND 10,000 S.F.
OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30%
DEVIATIONS FROM LDC (SEE EXHIBIT E)
RELIEF FROM LDC SECTION 4.02.38 3.A., "DESIGN CRITERIA AND DIMENSIONAL
REQUIREMENTS OFF-STREET PARKING"
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION
DUE TO AGENCY PERMITTING REQUIREMENTS.
2. THE SITE CONTAINS NO NATIVE VEGETATION COMMUNITIES AND NO ORIGINAL
NATIVE TREE REMAIN; THEREFORE NO NATIVE VEGETATION PRESERVATION IS
REQUIRED.
ISLES OF CAPRI MPUD B LE
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9.A.b
LEGAL DESCRIPTION
ALL OF LOTS 455-481, 492-501, 566-576, ISLES OF CAPRI BUSINESS SECTION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 52, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
CONTAINING 5.32 ACRES MORE OR LESS
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page 6 of 10
Packet Pg. 55
9.A.b
EXHIBIT E
LIST OF DEVIATIONS
Deviation #1: Relief from LDC Section 4.02.38.K.3.a., "Design Criteria and Dimensional
Requirements Off -Street Parking", which requires "parking lots or
parking structures shall be located to the rear of buildings located on the main
street, or along the secondary/side streets. Off-street parking shall not occur in
front of the primary fagade" to instead allow parking lots or parking structures
to be located in front of the primary fagade.
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page 7 of 10
Packet Pg. 56
9.A.b
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LIST OF DEVELOPMENT COMMITMENTS
PURPOSE:
The purposed of this Section is to set forth the development commitments for the development of
this project.
GENERAL:
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this PUD approval, the Managing Entity is FCC Beach & Yacht,
LLC, 8156 Fiddler's Creek Parkway, Naples, FL 34114. Should the Managing Entity desire to transfer
the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After such approval,
the Managing Entity will be released of its obligations upon written approval of the transfer by County
staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the new owner's
agreement to comply with the Commitments through the Managing Entity, but the Managing Entity
shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the
Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments.
B. Issuance of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create any liability
on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals
or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law." (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before commencement of the
development.
TRANSPORTATION:
A. The maximum total daily trip generation for the PUD shall not exceed 200 two-way PM peak
hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time
of application for SDP/SDPA or subdivision plat approval.
EMERGENCY MANAGEMENT:
A. The property owner shall provide a one-time developers contribution of (1)-45 kw minimum
towable generator, per emergency management specifications, to be delivered to Collier County
Emergency Management at the first certificate of occupancy for a residential unit, in support of
hurricane evacuation shelter efforts.
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page 8 of10
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9.A.b
UTILITIES:
A. Concurrent with the issuance of building permits for the first residential dwelling unit, the
Developer shall construct a new master sewage pump station, sewage collection system and
sewage force main to Collier Boulevard to service the project area and consistent with the future
sanitary sewage collection and transmission system for the Isle of Capri as planned by the City of
Marco Island.
The Developer will coordinate with the City of Marco Island (City) to ensure the new sanitary
sewer utility facilities are consistent with City specifications and upon completion of construction
convey the utility facilities to City for ownership and maintenance.
The new sanitary sewer facilities will be sized to accommodate present and future wastewater
flows from the Isle of Capri.
B. A maximum of 54 residential certificates of occupancy may be issued prior to commencement of
construction for the two (2) new flushing culverts connecting Johnson Bay with Tarpon Bay. The
Developer at its expense will construct two (2) culverts approximately 4' high X 8' wide under
Capri Boulevard near the locations shown on Exhibit F1 to be completed prior to the Certificate
of Occupancy of the 108th unit. These new culverts will provide additional exchange of water
between the Bays during tidal cycles increasing water quality. These culverts will be maintained
by Collier County.
(Isles of Capri MPUD PL20210002314) (July 22, 2022) Page 9 of 10
Packet Pg. 58
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9.A.c
Isles of Capri GMPA (PL20210002313) and PUD (PL20210002314)
Jan 13, 2022 NIM Transcript
Rich Yovanovich: This is Rich Yovanovich, and I am the attorney for the project I'm
gonna be taking you through today. With me...
Rich: All right. The project ownership is FCC Beach and Yacht Club,
LLC. With me tonight to answer questions that I can't answer is
Wayne Arnold, who's our professional planner, Mark Minor,
who's a civil engineer, Jim Banks, who is our traffic consultant,
and Tim Hall is our environmental consultant. Also, here tonight
are two county representatives, Nancy Gundlach, who will be
reviewing the zoning document, and Sue Faulkner, who's
reviewing the growth management plan. The purpose of tonight's
meeting is for us to explain to the community what we're
processing through the Collier County growth management plan
review and zoning review.
[00:01:03] This is our first public outreach meeting. It is part of the process
for going through zoning. We're required to record the meeting.
We will also do a transcript of the meeting, so it's really important
that when we get to the question part that you come up to the
microphone. If you're comfortable announcing your name, say
your name. The planning commissioners like to know who's
speaking so they can tell whether it's people who are on the island
or if they're people who are living somewhere near the island.
They like that information, but you're not required to provide your
name if you're uncomfortable providing your name.
What we're going to do is I'm gonna go through a PowerPoint
presentation, probably take about 10 minutes for me to get through
it, then we'll open it up for questions from those of you who are in
the audience, and we have some people who are participating by
Zoom. I would appreciate it — and, I think this will be more
efficient — if you all can wait for your questions until we're done.
[00:02:04] I've been at many of these NIMs, and people start firing questions
before I even say hello, so if you can be patient, we'll get through
this and provide the information about the project, and then we'll
stay as long as we need to stay to answer every one of your
questions.
The property that we're going through — two petitions. One is a
growth management plan amendment for this roughly 5.32-acre
site and a PUD rezone for this 5.32-acre site on the Isle of Capri.
I'm sure most of you are from the Isle of Capri and are very
familiar with this parcel of property, as it's basically almost at the
entrance of the island. This is an aerial showing you exactly where
the property is and putting it in context with what's around us.
Page 1 of 29
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9.A.c
Isles of Capri GMPA (PL20210002313) and PUD (PL20210002314)
Jan 13, 2022 NIM Transcript
[00:03:00] This property right here is zoned RFF16, which is 16 units per
acre. Our property is currently zoned C3, which is a commercial
designation in Collier County. It's not the most intense commercial
designation, but it's not the least intense. The least intense would
be office, which is C1, and the most intense would be C5.
But, the uses that could go on this property are restaurants, shops,
things like that — things like Tin City, things like the Venetian
Village, if you're familiar with the properties in Naples. The
property around us is also C3, and this area too, so it's commercial
zoning on this piece of property. This piece right here and this
piece right here was the recent food truck park application.
[00:03:57] These are the existing 258 dry boat slips that exist, and these are
existing wet slips, and you can see it goes through — there will be
future wet slips here as part of this proposed project.
Collier County has a growth management plan, and part of the
growth management plan of Collier County has different
designations. We have urban designation, we have rural
designation, we have agricultural designation, conservation
designation. This piece of property is designated urban mixed -use
district, urban coastal fringe subdistrict under the future land use
[inaudible]. We're requesting to make a change to that district to
create our own infill district that would allow for residential
development to occur on the property in a mixed -use format. I'll
get into a little bit more detail on that in a second.
[00:05:03] What's unique about this property is when Collier County adopted
its growth management plan in 1989 and it established where it
wanted commercial zoning to occur, the county adopted a concept
called activity centers, so they wanted their commercial activity to
be at major intersections, like Collier Boulevard and U.S. 41,
Airport Road and Pine Ridge — all those major intersections.
So, the county provided in this growth management plan that some
commercial that have already been developed could be deemed
consistent by policy. This property was deemed consistent by
policy because it had commercial development on it when the
growth management plan was adopted. The county also includes in
growth management plan — because it really doesn't want
commercial in this location according to the growth management
plan — a conversion process where you can convert commercial at
roughly 16 units per acre.
Page 2 of 29
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Isles of Capri GMPA (PL20210002313) and PUD (PL20210002314)
Jan 13, 2022 NIM Transcript
[00:06:04] We are asking to create a new subdistrict and a rezone for the
property that would allow for up to 108 residential dwelling units
on the property. It recognizes our existing approved 64 wet slips,
of which 35 have actually been constructed. It recognizes the
existing covered boat storage at 258 units. It allows for a ship store
and retail servicing the marina, and it allows for 6,000 feet of
commercial uses and general office uses, and it allows for a
restaurant within the proposed project.
[00:06:56] The restaurant use, the commercial square footage, and the wet
slips and marina operations are currently allowed under the
existing zoning, so, effectively, what we're adding is the ability to
have a mixed -use project including the 108 residential dwelling
units.
We are doing this in two forms. One is the growth management
plan amendment subdistrict, which includes what I just described
to you, and what I showed you previously was the language that's
in the zoning document. So, they mirror each other. There's a
small-scale growth management plan amendment that we're doing
together with a PUD rezone for the uses, and both documents are
identical.
You can see that essentially, we're just changing the allowed uses
under the growth management plan. The boundaries of the existing
property don't change from what was existing and what is
proposed.
[00:08:00] This is another slide to emphasize what we're asking for with
regard to the restaurant, the marina, the multifamily, and general
offices, and with accessory uses that would also go with the
residential multifamily.
In the PUD document is a development standards table, and what
that discusses is the required setbacks from the roads, the
maximum height for the residential mixed -use building, which
we're asking for 12 residential floors over two levels of parking
that results in a zone height of 148 feet, which is basically to the
midpoint of the roof, and 168 feet, which is the tippy-top of the
building because the way county measures your zone height is
from the minimum flood elevation to the midpoint of the roof, and
since we'll have to go up to get to the minimum flood elevation,
we do what's called an actual height as well to show you from the
ground, what's the real height, so it's really 168 feet to the tippy-
top highest point of the roof for the proposed mixed -use residential
building.
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[00:09:11] This is our proposed PUD master plan. The way to do it in the
county is you essentially have a bubble plan for your zoning
document, you come back later and you do your site development
plan, which is more specific, shows you exactly what the buildings
are gonna be — setbacks and buffers. We have an exhibit to show
you what will be the next step that includes the landscape plan and
includes the proposed setbacks and building identification. This is
the same master plan, but on the current aerial for the property.
You can see here this is the existing 258 boat slips, so that's in one
of the tracts that are going to be incorporated.
[00:4 0:04] So, essentially, the new development is gonna happen on this
parcel right there, which will have the residential building, the ship
store, and help serve the marina from the outlets or at the wet slips
adjacent to it.
We have one proposed deviation, and it relates to the parking. This
is one that Wayne's probably gonna have to help me on, but
typically, you can't have any parking out front, but because of the
way the residential towers will sit on the parking deck, we in fact
actually have some parking in the front of the building, so we have
to ask for a deviation to have that parking deck come forward from
the building frontage.
We are required as part of this petition to do what's called a traffic
impact analysis. Jim Banks is here to get into the details of that,
and that analysis is done based upon peak season, peak hour, trip
analysis.
[00:11:041 We don't go in the middle of August and take the lowest traffic.
We do it peak season, peak hour, and we get data from the county,
and we put our proposed and projected trips on the road to see if,
in my terminology, we break any of the roads. Jim has more formal
terminology.
So, today, on the property, we have existing the dry slips I
mentioned and the wet slips, and you can see that — right here, you
see existing. So, today, coming from the site, p.m. peak hours,
which is what the county makes us use for traffic analysis, we have
62 trips on the transportation system today. When you add in our
proposed multifamily retail office and restaurant, we bring the total
p.m. peak hour trips up to 200.
[00:12:021 So, there will be a neat increase from what there is today if we go
forward with residential of 138 new trips coming and going from
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this site during the peak hours. We also analyzed two different
scenarios if we were to just develop under the existing commercial
development. We analyzed one scenario where we did 53,800
square feet on this five acres, similar to a Tin City, with restaurants
and shops to come. It would be that type of development that
would result on this particular piece of property. That would
generate a p.m. peak hour trip of 296 for the project.
And then, we also looked at if we were to do a project similar to
Venetian Village, which has two stories, you would achieve 80,000
square feet — restaurants, shops, similar to the Village on Venetian
Bay — and that results in 402 p.m. peak hour trips.
[00:13:13] So, from a traffic standpoint, what we're requesting is less intense
that can be developed under the current existing commercial C3
designation. This is the conceptual landscape plan for the proposed
project. Currently, it is anticipated that we are gonna have — this
portion of the project contains two buildings per floor, this portion
of the project contains three buildings per floor, and this portion of
the project contains four buildings per floor, so it's essentially nine
units per floor times the 12 is where you get to the 108.
[00:14:031 This would be parking, and amenity, and swimming pool, and any
other amenities that would be associated with the project. The
intention is to have very, very dense landscaping around the
perimeter of the project. I don't know if you all are familiar with
the Moorings Park project on Airport Road where they have very
intense landscaping in front. We're gonna do the same thing, so
what we did — hopefully to give you a visual — is we took a picture
of what that buffer looks like in front of Moorings Park, and that
will be at planting. It's not gonna be when it grows five years from
now. That's the intensity of the buffer that we're gonna do at the
time we open the project.
Unknown Speaker: How tall is that building?
[00:14:531
Rich: I don't know. This is a rendering, and we've got three of these. If
you're coming in off the island — oops, wrong way, sorry. If you're
coming in, this is your view looking in from the road, and this is
the entrance to the building right there, with the landscaping, and
this is one of the buildings, and this is the amenity area right here.
If you're now in this area right here, looking at the building, you're
basically looking at these two buildings right here. This is the
entrance for those two buildings and the entrance circle right there,
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and this is the view from the water over here, where there will be
new docks constructed as part of the project.
[00:15:53] If you want any of the documents, I just showed you, if you want
the PUD master plan, you want the GMP amendment, you want
the TIS, you want any of the documents, you go to the Grady
Minor website, or you can go to the county's website to get all of
these documents. Our next step is to take feedback from this
meeting and respond to comments from the county that we
received in the first round of our submittal. Eventually, we'll be
deemed sufficient, and that means that all the required application
materials have been provided to the county.
The county staff will review those materials and issue a staff report
making a recommendation to the planning commission on both of
our petitions, and then, ultimately, the planning commission
hearing will occur, it's open to the public, there'll be signs on the
property. If you received notice today for today's meeting, you'll
get a mailed notice. If not, I'm sure there'll be additional
information provided to your community to make sure you know
when the planning commission date is.
[00:17:001 We don't have a planning commission date scheduled yet. We're
still fairly early in the process. And then, the planning commission
then will make a recommendation after a public hearing to the
board of county commissioners, and then the board of county
commissioners will ultimately make the decision on both petitions,
either to approve or deny the two petitions.
So, that's an overview of our proposed project, and now, if you
have any questions, if you'd come up to the mic and say your name
if you want to, and then ask your question, and then we'll try to
answer it, and then we'll let the next person come up.
Joyce: Okay. I am Joyce Beatty. I'm a property owner and a resident of
Isles of Capri. I am speaking for over 800 residents of Isles of
Capri. Thank you for your presentation.
[00:17:56] Based upon everything we have read on file with the county and
your presentation here this evening, we believe your rezoning
request and growth management plan amendment is both
inconsistent and incomparable with the future development of Isles
of Capri. As presented, these applications are far from the vision of
the founding property developer of Capri, Navy veteran Doc
Loach, in the 1950s. Doc sought a community where man and
nature could live in harmony.
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As currently constituted, we find your proposal to be so extreme
that engaging in any discussion of the specifics of this is futile. We
oppose the two applications as filed. We encourage you to rethink
your development plans and to present proposals which are
consistent with the original C3 zoning of the commercial island of
Capri, and which would be inclusive of Doc Loach's vision and
our current residents' desires.
[00:19:11] More than 100 island residents recently read the discussion
proposal and found your request to be inconcessible with the
character of the Isles of Capri. Many of these residents are here
tonight. Could I ask them to please stand so that you will better
understand our influence? Thank you, and have a good evening.
[00:19:54]
Male speaker 1: Can I say something? Rich, you're an incredible presenter, you're
a heck of a lawyer. I'm looking forward to the battle of my life. I
own a two -acre private island. You [inaudible] —
[Crosstalk]
Male speaker 1: I'm your neighbor. I own a —
Rich: Hold on. It may not be on. Let me see.
Male speaker: I think she turned it off.
Commenter 1: We can talk face to face. This is a once -in -a -lifetime battle ahead
of us with the lawyers, who I respect. Your wife was admissions
director when I got accepted to Florida Gulf Coast University 20-
something years ago as an old man, and I respect what you've
done as a land use attorney, but this is such a concern. I contain
myself because of my respect for you, but...
[00:24:06] I got a little island out there zoned agriculture. If we don't draw a
line in the sand, this sets precedent for abuses that none of us
wanna see. Please. I don't know that I've met some of you folks,
but if any of our commissioners are on board, if anyone... I've
watched you work; you're good. We're gonna go somewhere, I'm
not sure where, but that's not gonna happen in my lifetime.
[00:21:52]
Bill: Good evening. My name is Bill Fox, 173 Trinidad. Do you mind
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putting the traffic slide back up?
Rich: Sure.
Bill: Okay, the comparators that you had — I can't speak to the Village
of Venetian Bay, but Tin City —
Sharon: Please speak into the microphone.
Bill: — but Tin City is kind of landlocked in there, so there's no other
traffic in that, so it's not a good comparator here because on the
other side of this development — it's probably, what, 300-400
borfrus? So, that has to be factored into this. Do you see what I'm
saying? Tin City is isolated. The traffic goes around it on 41, and
there's just traffic going into and out of Tin City. So, to use that as
a comparator to something that has, like I say, probably 400
borfrus on the other side that have to come through that same area
is just absurd. You've really got a traffic pattern that's about twice
of what Tin City is. That's point No. 1.
[00:23:06] The second point — let's go to the rendering of the facility.
Unknown Speaker: Can you talk into the mic, sir?
Bill:
Thanks.
Unknown Speaker: Can you raise it up? Not you, the people that own the [inaudible].
Bill: So, do you have any masking diagrams that show shadows?
Rich: We will, yes.
Bill: You will, but I think for this audience, it would have been
interesting because this time of year, these buildings would
probably cast a shadow over everything on the other side — on the
north side — of the boulevard, all the way to the condos that are on
the other side. It would be dark for most of the day this time of
year. Does that make sense to everybody? So, I think we would
wanna see that as part of the planning, okay?
Rich: Okay.
Bill: That's all I have.
Rich: Anybody else in the room before we go to Zoom? Yes, ma'am?
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[00:24:12]
Peggy: Peggy O'Neil, 330 Kontiki. I would just like to know when the
dates of the traffic study were done.
Rich: The study is done during the peak — the county gives us the peak
season, peak hour data, they collect that data. We then use that data
to put these numbers into that data. That's how it's done.
Peggy: I understand that. Did the county — was it done in 2020, 2021,
1985?
Rich: Jim knows. It was either '20 or '21. Sometimes they're using the
pre -pandemic numbers because they don't want the pandemic
numbers to not represent the real traffic. I'm sorry, I'm breaking
the rule. Jim, can you come and do this?
[00:25:06]
Jim: Thank you. Jim Banks. To answer your question, we prepared the
report in November of 2021, but there is newer data coming out
from the county and the state, so for any of those that have
accessed the file and looked at the study, there will be an updated
report [inaudible] within the next month or so, but the data that we
use is the most current unless we see an anomaly, such as if it was
caused by the coronavirus protocols. We would use the data of the
previous year and forecast that data. In other words, we're not
using suppressed numbers. We're gonna use the higher traffic
numbers.
Peggy: Would it be wrong to assume, since the report was done in
November of '21, that the traffic study was also done in '21, or do
you think it was prior?
[00:25:58]
Jim: But, we used the data that was established in 2020 when we were
preparing the report. The county will be releasing newer data very
soon, and we will be using that updated information unless it
shows that there was a decrease of the traffic on the network due to
those coronavirus protocols. So, we are going to assess the traffic
implications based upon the higher numbers, whether it's from
2020 or 2021.
Peggy: Thank you.
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Commenter 2: I would just like to give you a little bit of personal information.
Unknown Speaker: We can't hear you.
Rich: If you're not comfortable...
Commenter 2: Okay. I would just like to give you a little bit of personal
information regarding traffic.
Unknown Speaker: I think the mic's off.
Commenter 2: I am pretty much a full-time volunteer at Naples Players, so my
work time makes me leave for work at 5:00 in the afternoon.
Already, there is so much traffic, it can take me as much as 10
minutes to get through that one little area.
[00:27:04] And, I know a person on my street who was trying to get to the
hospital and couldn't get through the traffic. So, I think if you're
gonna do this, you really need a four -lane street through the Isles
of Capri.
Unknown Speaker: That's what we don't need.
Commenter 2: I agree. We do not need that.
Unknown Speaker: We need C3. That's all we need.
Unknown Speaker: That's all we got.
Unknown Speaker: Yup, we'll keep it.
Mike: I don't think you're gonna have trouble hearing me. Retired Navy.
My name is Mike Corman. I'm representing Jim Schultz, who's
my father-in-law, who's at III Capri. I've got a number of
questions. First, actually, I'll mention I'm a former planning
commissioner of Glenview, Illinois, so I do know just enough to be
dangerous as it relates to planning commissions. Is there anyone
here from Fiddler's here today?
Unknown Speaker: There's a couple residents.
Mike: No, I mean from the company.
Unknown Speaker: No, we live there.
[00:28:061
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Mike: As a former planning commissioner, I always it found it
disrespectful to not have an owner in the room when they were
posting an application, and I find that to be the case here. I hope
that you'll pass my thoughts on related to that, and I would hope
that they would participate in future community meetings because
it takes some courage to stand up in front of here and hear from
their future neighbors, and the fact that they're not here troubles
me.
Will the names of the people that signed it be provided to the
planning commissioners and the county commissioners so that they
understand the addresses and the presence at the meeting?
Unknown Speaker: All of that is a public record, and will be provided.
Mike: Wonderful, thank you. I did intend to use the QR code, and it took
me right to your website. It didn't take me to the plans, so I don't
know if that's something you wanna fix, or... I just couldn't find
it.
Sharon: Yeah, you can't have it link directly with the QR code. That's why
it takes you to our website, and then you —
Mike: So, I have to search for it, then?
[00:29:021
Sharon: You just scroll down, it's in alphabetical order by project name,
and then you hit "project documents."
Mike: "Project name" and "project documents," okay. I don't think you
know the answer to this question, but I'm aware that the rest of the
island where the food truck property used to be is going under
auction in late January. Will Fiddler's be participating in that
auction? Again, I don't expect you to be able to have that answer,
but it's the question that I have.
Rich: You're talking about — whoops, I pushed the wrong button. I'm
sure you know where that property is.
Mike: Yeah, I do.
Rich: It's adjacent. I don't think we're gonna be participating in that
process.
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Mike: Okay, very good. My concern was you submit this proposal, win
that auction, and then you're changing your proposal to be
something altogether different. I was just very confused by the
number of floors because initially, I heard two and two and three
and three.
[00:30:05]
Rich: If I confused you, I didn't mean to. It is two levels of parking, and
then 12 levels of residential. There are three components that are
residential. You saw the narrower — let me try to get back to that
[inaudible] there. This is the narrowest. That's two per floor in
that portion of the building, this is three per floor in that portion of
the building, and this is four per floor in that portion of the
building. The building is broken up, as you can see. It's not one big
building. So, the narrowest —
Mike. The tallest one is the one that's 12 floors plus two.
Rich: All three of those are 12 plus two.
Mike: They are all, okay.
Rich: All three of them.
Mike: Okay. The other questions I have — I'm a little curious — you're
obviously not seeing a change to anything around the boat storage.
[00:34:04]
Rich: No.
Mike: But, you're adding that to the proposal, I suppose, because you
wanna get more density out of that extra acre.
Rich: Correct.
Mike: So, just from a planning perspective, that feels a little disingenuous
because you're not really changing that boat storage.
Rich: Correct, but the county talks about mixed -use projects on the
waterfront, and we're consistent with the mixed -use project.
Mike: But, by including that, it allows you to add density.
Rich: And the county allows that.
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Mike: For the traffic consultant, there are a lot of golf carts. I don't know
if your traffic analysis assesses golf carts, but I've spent a fair
amount of time on that island, and we have a golf cart parade every
Christmastime, which is quite interesting, and hopefully I'll
participate in a few years, but there's a lot of traffic that's
nontraditional on that island and should be taken into consideration
from a safety perspective.
[00:32:00] And, one question for the county, if I might, and you don't have to
answer it. I understand the situation. I've gone through the entire
initial application. Would you say that the submittal you received
was typical for an initial application? I found it lacking in terms of
all of the comments from the various departments of the two
applications, from Marco Island City to all of the different items.
Sue Faulkner: I'm Sue Faulkner. I'm a comprehensive planner. I would say that
there's almost never an application that comes into our offices that
is complete in the first round. It usually is lacking at least one
component that we want.
Mike: But, was this typical, this application, or was this a little less
typical?
Sue: I think it was pretty typical.
Mike: Okay, fair enough. I would just finalize by saying my wife and I
plan to retire on the Isles of Capri in a couple years, when my
daughter goes to high school. My father-in-law is a retired vet. He
lives there six months a year. Our family is unalterably opposed to
this development in this form. Thank you.
[00:33:09]
Tim W.: My name is Tim Wozlowski. I'm a property owner on San
Salvador for more than five years, and I just wanna say that this is
a radical proposal, it's opposed by the vast majority of residents on
Isle of Capri, and — could you go to the traffic statistics that were
up there? I wanna make sure that I understand what you're
showing me.
So, you're saying now that there's about 60 trips, and with this
proposal — by the way, traffic now is a nightmare. It's a complete
nightmare through that area. Everybody that's a resident there has
that same feeling, and it can be shown. And, I wanna make sure
that net new trips — you're saying there's going to be twice as
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many new trips added to that. Is that what those numbers are
showing?
[00:34:05]
Rich: What those numbers show is we will add another 138 trips if we do
the residential development.
Tim W.: Just so we're clear, you're adding twice as many as there are now,
and where it is now is already a nightmare.
Rich: Right, and you don't have to believe me, but I'm telling you the
type of commercial that will go on that C3 will be an attractor
because there's not enough rooftops on Isle of Capri to support
commercial development, so it will be developed in a first-class
way, but it will be developed to attract people from Marco Island,
Fiddler's Creek, come and enjoy the waterfront, and you will end
up with these traffic numbers down here, which are 296 or 402,
which is greater the residential — from a traffic standpoint, it's a
fact that residential generates less traffic than commercial.
[00:35:08]
Tim W.: Well, this is a radical proposal, and the point — I don't believe you,
and I think the point that you're showing down there on the bottom
is that the good residents of Isle of Capri shouldn't feel bad that
there's going to be twice as much traffic as there is now, which is a
disaster, because gee, it could be worse. Is that the point of Table
B?
Rich: People said traffic is an issue. We wanna keep commercial. So, I'm
just showing you what the commercial option is if commercial gets
developed. It's a reality, and I think you should understand the
data. You may still want commercial, but you should understand
the data.
Tim W.: Traffic is not an issue, traffic is a disaster now, and this radical
proposal will add twice the number of trips that there are now. The
vast majority of residents of Isle of Capri opposed this radical
proposal.
[00:36:04]
Rich: Anybody else?
Bob: My name is Bob Oldacki, and I just have a question on the marina.
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There's parking there now that you are gonna utilize. Where's the
marina parking gonna go?
Rich: It gets incorporated into our [inaudible].
Bob: But, right now, there's probably 70 or 80 spaces. On the weekend,
those are full, adding, of course, to the traffic problem, and that's
right where your pools — that's where parking —
Rich: The parking for the marina is incorporated into — I'm afraid to
point the button because I turned it off — it will be incorporated
into this area right here, so we are accounting for the parking.
Bob: It's not showing.
Rich: It is. This is multilevel right here, so there's some surface parking
and there's multilevel, so it's within that structure.
[00:37:04]
Unknown Speaker: Are you talking about the parking that's across from Isle Gypsy?
Bob: Right. No, the parking across from the marina right now. That's
where part of that whole space is. The other question I got is how
you came up with 256 covered slips.
Rich: It's 258, is what I was told.
Bob: Yeah. It's only 140 if you look at the Tarpon Club.
Unknown Speaker: It's approved for 258.
Rich: It's approved for 258.
Bob: So, where is that approved? Is that gonna be on that side also?
Rich: Yeah, it's in this area right here. Oops.
Bob: There you go. Wait, she'll fix it.
Rich: No, no, don't help me because I'll mess it up.
Bob: You guys have it in there as 258 existing.
Rich: Existing approved.
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Bob: It doesn't say "approved," it says "existing." There's 140 in that
building.
Rich: In that building right now?
Bob: Right now, according to their literature. So, where is the other 100-
something gonna go?
[00:38:03]
Rich: Is it gonna just stay in there, Mark?
Mark: Yes.
Rich: It's just gonna stay there. So, it could be reconfigured to add
additional —
Bob: There's no —
Rich: Again, I'm just saying right now, we're approved for 258, 140
exist today, just the —
Bob: But your literature is kinda misleading. It says 258 existing.
Rich:
Okay, we'll correct that.
Bob: So, is there gonna be another marina dry storage on the other side?
Rich: No. There's not gonna be another — we were talking about it, and I
just wanna correct — no, there's not, but there will be wet slips.
Bob: Correct. Because right now, there's 140 according to their
literature in that marina, and then there's the outside storage that's
covered, but it's just got a top on it. I think there's 30 there. So,
you're far from the cry that...
Rich: Far from the 258?
CW
Yeah.
Rich: More like 170, if I got your math right?
Bob: Correct, yeah, maybe 170.
Rich:
Thank you.
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[00:39:00]
Kelly: Don't gotta raise it for me, right?
Rich: Me either.
Kelly: My name's Kelly Callaghan. I'm at 401 Cristobal, so I'm a block
away from where the proposal's at. The facilities at the marina and
the restaurant — will those be open to the public, or will they be for
only members of the —
Unknown Speaker: We can't hear you.
Kelly: Sorry. Can you hear me now?
Unknown Speaker: Yes.
Kelly: All right. The restaurant and the facility, meaning the wet slips —
will those be open to the public, or are those for Fiddler's Creek
members only?
Rich: The slips are part of a commercial marina, so they have to be open
for public consumption, if you will, and I believe the current
thinking for the restaurant is for it to be part of the yacht club, so
the restaurant itself that we were talking about will be basically a
membership restaurant.
[00:40:031
Kelly: Okay, so, closed to the general public.
Rich: But, you would be eligible to buy memberships to —
Kelly: People outside of Fiddler's Creek could buy membership.
Rich: Have to, yes.
Kelly: Okay, I got it. And then, how many of those slips would be
available for the public, or are they all reserved?
Rich: All of them open for the public.
Kelly: All of them for public, so they're not reserved for Fiddler's Creek
as a members -only [inaudible]?
Rich: Yeah.
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Unknown Speaker: That's not true.
Unknown Speaker: Right now, in the existing facility, there is public in there, but the
Tarpon Club, the yacht club membership, can kick somebody out
of there for a slip that is needed for that size boat.
Rich: I'm not gonna engage in that, sir. I've got the consultant here, and
the wet slips are open to the public. Wet slips are open to the
public.
Unknown Speaker: Yeah, not the dry.
[00:41:00]
Kelly: Okay. So, my other question was as far as where the wet slips are
at on the north side there. Are you increasing them at all as far as
further out, or leaving the existing? As you probably know, there's
a —
Rich: There's a [inaudible — crosstalk] land lease, and it's the same,
same [inaudible]
Kelly: It's the same, you're not really expanding at all?
Rich: Let me ask Tim because he's the real expert on that.
Tim H.: So, the actual number of wet slips on the north side was
historically higher than it will be. The docks that are being
reconstructed there will be less in number. The size of the boats
will be slightly larger than what were there previously.
Kelly: Okay, any dredging?
Tim H.: There is some dredging that will be done. This is a little bit
different than other areas on Capri because there is historic data of
the infill that's occurred with a couple the hurricanes. Maintenance
dredging is allowed. So, they can't go deeper than it was
historically because this is in the aquatic preserve, so those
regulations apply that because there is data on the fill-in, there is
some dredging that will be done.
[00:42:091
Kelly: All right. I think that's about it for me. Anybody else?
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Rich: Thanks.
Gordon: Hi, is that working?
Rich: I think so.
Gordon: Great. Can I see the rendering, please, of the tower? I'll call it a
tower, I guess. I don't know what else to call it.
Unknown Speaker: Skyscraper.
Gordon: Thank you. Thank you for hosting us, for facilitating this meeting.
I think it's great that the opportunity to exists. Naturally, it has to.
Unknown Speaker: We can't hear you.
Gordon: My name is Gordon Tippett, and I've been a seasonal resident of
Capri Bust. I've been one for the last 33 years. My parents built a
home on Patton Avenue, one of the first streets coming into the
isles.
[00:43:05] I just have one really fundamental question. In terms of the scale of
the structure of this size, this robust structure, I'm assuming — well,
I shouldn't assume anything. It's a C3 zoning at present. I'm
assuming it's not physically possible to create a structure that
robust within C3 zoning.
Rich: It would not be. If it were, I wouldn't be here.
Gordon: Of course, and we all know that. That's the elephant in the room.
So, as a 33-year lover of this area — and, it's wonderful to think
that more people can enjoy the beauty of Isles of Capri, Johnson
Bay, all this magnificent, natural space, which is actually, I think,
Doc Loach's original vision, something that mattered to him, it
certainly matters to those of us who have lived here for years upon
years upon years.
[00:43:561 Development is natural, evolution is normal, it's part of biology,
it's part of life, it's expected, but this to me personally speaks of
something that's not remotely [inaudible] with the origins of Isles
of Capri, and as stakeholders, as Fiddler's Creek is a — Fiddler's
Creek is a wonderful development. It's world -class; it's a great
place. I have friends in Fiddler's. Nothing wrong with Fiddler's
Creek.
But, as stakeholders — new stakeholders, conceivably — with a
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concept as robust as this, it would seem to me, respectfully, that it
is entirely out of character with what Isles of Capri is all about, and
it's a total game changer, and we all know that in this room. Every
single one of us knows that. Every single one of us [inaudible —
applause].
So, let's talk about C3 because that's what Isles of Capri is zoned
as, and I think you guys clearly saw that that's what most of the
people in this room tonight expect in good faith, and in good
partnerships, and in good relationships, with stakeholders that are
newer to the game — albeit Fiddler's had lots of play on this land
for a long time, there's lots more potential, but what does potential
really mean?
[00:45:09] Does it mean paving paradise to make the parking lot? Is that what
it's about? I'm a drama guy, so, maybe Joni Mitchell. I don't
know. I just think this is beyond the pale, and respectfully — again,
I'm not an anti -Fiddler's Creek guy, but I'm a very pro -Isles of
Capri guy, and I know everybody in this room is too.
James: My name is James McKellen. I've been on Capri for about 30
years now, and I know a little bit about it. How much are you
gonna raise the elevation of the land? I know right now, it's, I
think, seven feet to build a home — you have to raise the elevation,
right?
[00:46:04]
Rich: Yes.
James: Okay, so you're gonna raise the elevation of the property seven
feet?
Rich: I'm gonna let the civil engineer answer that, but the answer is
we're gonna probably add about two feet of dirt on that property,
and then, the parking is gonna be underneath the residential
building, so that's how you're gonna get up to the minimum floor
elevation for the residential building.
James: Which would be about seven feet?
Rich: The parking deck is how many feet tall?
Mark: Twelve each.
Rich: The parking deck itself is about 24 feet, 12 each floor.
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James: Twenty-four feet above sea level?
Rich: Yeah.
James: Can you imagine the flooding and the water that we're gonna —
okay, on my block right now, there's two private homes been built,
just two single-family homes, and they have risen the elevation
seven feet.
[00:47:03] My neighbor, crossing between the two buildings, has to take the
car to get out of her driveway because the water reaches her knees.
Rich: And, in our project, Mark Minor, who is our civil engineer, will be
required to design a stormwater management system to retain all of
our water on our site. [Laugh from audience] You can laugh, but
that is exactly what happens with his designing, so we are not
gonna negatively impact any of our neighbors from a stormwater
management perspective.
James: Okay, it's all sugarcoated. Yeah, we're not told... Okay, the other
thing I heard about the traffic, and you're gonna add so many cars,
that's when it's done — okay, how long do you propose this project
will take from now or from the day of the break ground until the
day it's finished? How long?
[00:48:001
Unknown Speaker: A year.
Rich: We think it'll take about a year to build it. [Laughter from
audience] I thought it was closer to two years —
James: Can you pull out your magic wand and just wave it?
Rich: You asked about construction time, right? I think it's gonna be
closer to two years.
James: The two houses across from me right now are in — they're in their
IOth month.
Rich: It's a different — go and watch the construction of other buildings.
Go to Kalea Bay. That's twice the height. They're building those
in two years.
James: "We'll rush everything through." Great. So, the traffic you
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mentioned — the additional traffic — was after the construction. We
didn't discuss the traffic when the construction is going on. I have
trucks showing up at 6:15 in the morning across from me, dropping
containers and picking up containers, and that goes on all day long,
all day long. It's fine. People are building a one -family home. This
is midtown Manhattan -type crap.
[00:49:07] You're taking this upon here on Capri, a little island that is of
residents, one -family homes? No, I'm sorry. We will fight tooth
and nail, and we will not allow this. Thank you.
Rich: Anybody else before I go to Zoom?
Commenter 3: I just had a quick question. We're property owners on Capri for
seven years, and it's my understanding —
Unknown Speaker: Can't hear you.
Rich: Too tall. You can take that out.
Commenter 3: Property owners on Capri for about seven years, and it's my
understanding something like this couldn't be built in downtown
Naples, or on the waterfront of Naples, or anywhere around there
because it's too tall, right?
Rich: In downtown Naples, there's probably not a zoning district that
allows that unless you're right on the water.
[00:50:03]
Unknown Speaker: The airport is there, so there's air traffic.
Rich: Right. But, if you look at Collier County, for instance, at what they
call the triangle, which is where Davis and 41 meet, I believe that
building is 170 feet when it gets done, and it would have been
taller but for the airplane zone, so it forced that one down. But, the
City of Naples does allow taller buildings on the waterfront, but on
5th Avenue, no, in the middle of Naples, no.
Commenter 3: Never seen anything that tall. Thanks.
Commenter 4: I have one observation, and that is that I think most of the residents
would rather have whatever traffic you're going to bring for C3,
and not have that in our face. That's going to completely demolish
my view that I presently bought and have.
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[00:51:111 I have a question. My question is is this gonna be a gated
community? Am I gonna be able to cut out that turn that I have to
take every day? Will I be able to just flip right through there?
Rich: No, you'll still continue around how the road is —
Commenter 4: So, it's going to be gated?
Rich: Access to the buildings will be secured, yes.
Commenter 4: So, there's definitely gonna be a gate on there?
Rich: I would anticipate that there is going to be.
Commenter 4: Okay, so that's gonna be bad if we have a storm and we all have to
go around that area.
Rich: You'd have to do that today. Am I wrong?
Commenter 4: Yes, we do, but we're not gonna run into people coming out of that
today.
[00:52:021
Rich: All right. Does anybody on Zoom want to comment or ask
questions?
Sharon: Can you ask them, if they want to ask a question, to unmute?
Rich: If you're on Zoom and you wanna ask a question, can you unmute?
Go ahead.
Commenter 5: My family has been on Pelican Creek for 60 years, and we're in
the fourth generation, and we're over on Dolphin Circle, and I
wanna ask the gentleman that was talking about the dredging — I
don't know how many remember; however, about 15-20 years ago,
Hideaway Beach put in an application to dredge some sand out to
make a beach for themselves, and when they dredged that, the
beach lasted a short time, and it eroded, and you may know if you
go down to the Marriott, they have a great big wide beach there,
which was that sand.
[00:53:101 More than that, the used to be an island out there, and that island
has disappeared, and the peninsula across from the Isle of Capri is
slowly eroding back, and you can easily see that by seeing the dead
trees at the end. So, my question for the gentleman that spoke
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about the dredging is what type of environmental impact have they
looked into to understand what's gonna happen, and what kind of
proof do you have for that?
Tim H.: My name is Tim Hall, Tim Hall and Associates, and the dredging
that's being proposed there is up against the seawall. It's where
material has come into the basin there against the seawall. We're
not dredging an access, or a channel, or for any kind of beach
renourishment.
[00:54:03] It's just removing material up against the seawall so that the boats
will still be able to utilize it, as they have in the past.
Commenter 5: I'm not an environmental engineer, as you are. However, ongoing
back from — my own experience is that as a natural phenomenon,
that sand is gonna come back to that wall again, and then you're
gonna have to dredge it again, or you're gonna have to leave it
again, you're gonna have to get a permit again, and I believe it's
gonna be a reoccurring process, and you're just gonna be creating
another problem.
Tim H.: Well, what happened — this sand that is in this area is not a
continual motion event. It looks like it was a result of Hurricane
Charlie — I think it was Charlie or Wilma, one of those two. When
those hurricanes came in, they moved material from that sandbar
that's on the passageway as you go out of Capri to Big Marco Pass.
[00:55:101
Commenter 5: Yeah, but there used to be an island out there —
Tim H.: Well, Coconut Island.
Commenter 5: Yeah, and that peninsula was probably a thousand feet longer.
Tim H.: I grew up on that island, so I know that area. I'm real familiar with
it. We used to camp out there. And, with Coconut Island, the way
that the currents changed as the pass changed and Tiger Tail Beach
started migrating around the corner as it worked its way south, and
the currents that come along the beach — those longshore currents —
got pushed further and further out, and so, they started affecting
Coconut Island along with the flow coming out of Big Marco Pass,
and then, to exacerbate it, DEP came in and took down all of the
Australian pines and the vegetation that had been on that island,
and as soon as those roots and all went away, that sand was able to
move much more easily, and that really exacerbated the way that
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that island finally disappeared.
[00:56:13] But, I do understand what you're saying. We have looked at that.
The type of dredging that we're doing is different than what
they're doing at Hideaway or what they've done at Hideaway in
the past to keep that open, and based on the bathymetry data on the
site that goes back about 40 years now, we can show that the
material that came in there is not an ongoing thing, it's a result of
these catastrophic events or the storms that come through and push
it in.
Commenter 5: That's been around a long time. Do you have any other similar
type of building and removing of the sand, as you talk now, that
can show the proof that this is not going to happen, that we can
look upon and the residents would know it's going to happen?
[00:57:12]
Tim H.: In other areas — the marina on the south side of the street with the
dry storage facility — when that dry storage building was put, that
area was dredged, and the elevation associated with those slips
over there has only changed minimally since that was done.
Commenter 5: By "elevation," you mean the depth of the water?
Tim H.: I mean the depth, yes, sir. The bottom elevation.
Jeffrey: My name's Jeffrey Smith. You are?
Rich: Rich Ivanovich.
Jeffrey: Rich, if you don't mind, I'm gonna sit down. You're comfortable;
I'm gonna get comfortable too.
Rich: I wanted to get out of Tim's way.
Jeffrey: Okay. And you are?
Tim H.: My name is Tim Hall.
Jeffrey: Tim Hall? I know you guys are with the county. And you are?
Sue: Sue Faulkner.
Jeffrey: I'm sorry, and you are?
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Unknown Speaker: [Inaudible]
[00:58:03]
Jeffrey: And you are?
Jim: Jim Banks.
Jeffrey: Jim? What is your affiliation with this meeting?
Jim: I'm the traffic engineer.
Jeffrey: Traffic engineer? With Collier County?
Jim: No, I'm with the —
Jeffrey: No, you're with Aubrey? Okay, and you are?
Wayne: I'm Wayne Arnold. I'm with Grady Minor, professional planner.
Jeffrey: Okay, you're a planner. And, I'm sorry, ma'am?
Sharon: Sharon Umphenour. I'm with Grady Minor.
Jeffrey: Okay, another engineering firm?
Sharon: Yeah, we're all with Grady Minor.
Jeffrey: Okay, all you guys are engineering, correct? I didn't wanna come
up here and talk, No. 1, because I didn't wanna get all wound up.
What you're saying about Coconut Island being there — I started
coming here in the mid-1960s from central Florida. I'm a fifth -
generation Floridian.
[00:58:53] Coconut Island wasn't even there when I came there. That was one
beach all the way across. There was Big Marco Pass. Hurricane
Donna in 1960 — when it went north of Naples — washed that in
half. Instead of that current coming straight out of the river,
making a turn to the southwest, and going out, what was Big
Marco Pass started flowing in and out, and that beach got wider
and wider. That's what formed Coconut Island.
I think you're absolutely crazy to try and build one like this. I
know Aubrey's been planning this for years, and I think it's
absolutely ridiculous that you guys would even approach
something of this magnitude on a barrier island that's already
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maxed out with development. I am praying that one of those five
commissioners vote against this because you're absolutely crazy to
do a development like this on the Isle of Capri. All of you ought to
have your head examined.
[01:00:04]
Unknown Speaker: Or at least look yourselves in the mirror. Maybe that.
Rich: Can I get the Zoom people? You're welcome to come back up. Did
they type the question?
Sharon: Yeah.
Rich: Okay.
Sharon: Deb Buckman asked, "What benefit will residents of IOC gain
from this development, i.e., use of facilities, use of restaurant and
retail stores?"
Rich: Well, the marina itself, the wet slips are gonna be open to the
public, the ship store is gonna be open to the public. As you
already know, we already have some public facilities.
[01:00:54] Right now, they'll be eligible to be members of the yacht club, so,
residents will be able to attend to go to the restaurant there by
joining the yacht club. I know people don't believe me, but there
will be an overall reduction in traffic that will come from the site if
residential is built on it, so I see that as a benefit. Based upon what
people are saying, it's already an issue with traffic. So, those are
the general benefit for people on the Isles of Capri.
Unknown Speaker: Did you say the reduction of traffic is a benefit?
Rich: Yeah.
Unknown Speaker: I wanna make sure to put that in the record. Is that what you said?
Rich: Yeah, I said a reduction in traffic from what could be there is a
benefit to the Isle of Capri.
Sharon: She also wants to know what are plans for a waste
management/public sewer development?
Rich: Well, waste management is garbage collection, so we'll obviously
have garbage collection from the county's provider, and I think she
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meant sewer — wastewater, maybe — so I'm gonna let the engineer
talk about how we're gonna get wastewater treatment to them.
[01:02:05]
Mark: Thank you, Rich. My name is Mark Minor, and I'm a civil
engineer with Grady Minor Engineering, and we have been talking
with the City of Marco Island, which is a wastewater provider, and
we've been the civil engineer for the dry boat storage across the
street, and we realize that the sewer will need to be upgraded in
order to service the commercial district, whether it's developed as
commercial or if it's gonna be a mixed -use development like we're
proposing.
So, as part of our development, we would work with Marco and
implement conceptually, and we're in preliminary design right
now, but a new pump station, force main, and a gravity collection
system. And, I believe that's going to go through a public process
on the city in the upcoming months.
[01:03:061
Sharon: Ann Hall has more of a statement than a question. "I have over
1,200 residents on our Capri Coconut Tell, and in the last 12 days,
we've talked with many. Not one of the comments made support
what your developers are proposing. The traffic study analysis
appears unrealistic. The sole egress for evacuation, emergency
services, et cetera, is a narrow, two-lane road."
Rich: Anybody else on Zoom?
Sharon: No, nobody else asked any questions.
[01:03:54]
Mike: Mike Corman again. One last comment, but I meant to bring it up
the last time. One thing I wanna stress to all of our neighbors and
everybody here — you all are representing the owner, and my
comment about the owner not being here is tied to the fact that
they didn't have to hear this yet, but they should have had to have
heard it, and I hope that you'll take back this feedback to the
decision makers at Fiddler's Creek to understand our position. I
wanna read something from the application that was submitted.
"The site is located in an area already having residential and
commercial development at densities and intensities comparable to
that proposed."
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[Crosstalk]
Mike: I guess I'm done.
Rich: We can hear it.
Mike: So, just to repeat what it said, "The site is located in an area
already having residential and commercial development at
densities and intensities comparable to that proposed." I don't
agree, and I think most of our neighbors don't agree. Thank you.
[01:05:04]
Rich: Thank you. Anyone else? Well, I wanna thank you for coming, and
I really wanna thank you for the way you guys conducted
yourselves and treated us. I think you treated us fairly, and I hope
we answered your questions, and we will provide the feedback to
our client, and we will work on the project, and we thank you, and
enjoy the rest of your evening.
Thank you.
[End of Audio]
Duration: 66 minutes
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Rich Yovanovich: So, good evening. My name is Rich Yovanovich, and I am the
attorney for this project. This is not a required neighborhood
information meeting. This is something that we've offered as an
additional meeting to the one we had earlier, but we're gonna
conduct it like a typical neighborhood information meeting
because we will provide this to the county, and it will ultimately go
to the Collier County planning commissioners.
So, the planning commissioners really wanna know who's
speaking, when they're speaking. I'm gonna do my best to make
sure I announce when I'm speaking or when anybody else on my
team is speaking. They're gonna wanna know — if you're
comfortable — your name and your address if you wanna share with
them. You're not obligated to, but they like to know who's
speaking at these meetings.
[00:00:52] I'm gonna introduce the team. I've already introduced myself.
Wayne Arnold is the professional planner on this project. Mark
Minor is the engineer on this project. Jim Banks is on the phone.
He's in Portland right now. And, Tim Hall is our environmental
consultant on the project so that they can answer any questions that
you may have.
We have a lot of people from the County here as well. We have
Ray Bellows, who is planning manager, James Sabo, who is
comprehensive planning, we have Nancy Gundlach, who is
reviewing the PUD, we have Sue Falkner, who is reviewing the
growth management plan amendment petition. There are two
petitions that are moving forward — whoops. Vote for one of them.
Rich: There we go. We've had bad luck here before, so sometimes we
have to turn the chair and go that way. There are two petitions that
are moving forward concurrently with this property, which is in
yellow, it's approximately 5.32 acres, there's a growth
management plan amendment to implement, some changes to the
Collier County Growth Management Plan, and then there's a
planned unit development rezone for a mixed -use project which
will implement the growth management plan amendments.
[00:02:15] You're all, I'm sure, very familiar with the location of the
property, and what exists on the property today, and what is
proposed to be on the property. There is already existing a dry
storage facility for boats. That is already approved and permitted.
There are also going to be wet slips — is this the pointer?
Unidentified Speaker: Rich, you can use mine if you'd like.
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Rich: We're also already permitted to have wet slips in that area and that
area, so, although those are in the current petition, they have
already been reviewed and approved and permitted to move
forward.
[00:03:00] The current growth management plan designation on the property
is urban mixed -use district, urban coastal fringe subdistrict, and
we're proposing to make a change to call it the Isle of Capri
mixed -use infill subdistrict to allow us to implement the changes
we're seeking to make for the growth management plan.
The existing zoning is C3, intermediate commercial zoning. The
most intensive zoning in the county, the C5, is basically light
industrial -type uses. C4 is the more intense commercial. C3 is less
intense than C4, but more intense than C2, so this is the
intermediate commercial zoning. It is not limited to the types of
uses that will only serve the local neighborhood. And again, our
proposed zoning is to go to a mixed -use family unit development.
[00:04:05] What we're asking for in both the growth management plan
amendment and the PUD rezone is to allow for a maximum of 108
dwelling units, allow for the marina, which would include 64 wet
slips and 258 indoor boat slips, which I've already mentioned are
already permitted and allowed to move forward, will allow 6,000
square feet of commercial and office uses, not to exceed the
current C3 zoning, and the ability to have a 200-seat restaurant,
beach club, boat club, or yacht club, to not exceed 10,000 square
feet.
The subdistrict — I won't read it to you, but it is basically what I
just showed you. The subdistrict will implement what I just set
forth as to the proposed uses on the property and sets forth the
acreage that I told you, which was 5.32 acres.
[00:05:07] Graphically, what you see on the left is the current designation
under the growth management plan, and on the right, our proposed
designation you can see is for exactly the same acreage that is
currently exists. And, we'll make this available to whoever wants a
copy of this, but this is the PUD language, which is also consistent
with the proposed growth management plan changes and identifies
all the proposed uses on the property.
This is the development standards that will address both the
commercial as well as the residential. Our proposal is for — it's a
two -level parking garage, but it's one platform. There'll be three
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separate structures coming from the platform.
[00:06:09] One structure will have two units to a floor, and the others will
have three and four. The total height that is proposed is 12 stories
over two of parking, with a zone height of 148 feet and an actual
height of 168 feet. I know that's an issue, and I'm sure we'll hear
about that tonight with regard to height. But, 168 feet is to the
tippy-top of the highest elevator shaft, and the zone height is really
to the [inaudible] flat roof that will be there.
There'll be two development tracts. They're both mixed -use,
which means we could have residential on either of them or
commercial on either of them. The commercial will be on the — can
I borrow that?
[00:07:00] This site right here is where the dry slips already exist, and this is
where we intend to have the residential buildings, with another
building here that will have parking and a pool and amenities to
serve the residential portion of the project. This is an aerial view.
To put it in context for what's around us, we show, in short, the
architectural rendering, and you'll be able to see that we really do
not impact the view of anybody through this project. I'm not
saying you won't see it, but we're not going to prevent anybody
who has a view of the water and the sun to no longer have a view
of the water or the sun because of our project.
[00:08:00] We have one deviation related to parking. Because this is a small
site, we're asking for a reduction in the required parking for the
property. Traffic -wise, when we met the last time, we analyzed
what can occur if we did develop this as C3 versus what can be
developed in what we're proposing. There's the reduction in
overall traffic if we do residential versus commercial. I think
people understand that because I've seen some written publications
from the island acknowledging that this is, in fact, a reduction in
traffic versus what can occur if commercial could be developed on
the site.
Unidentified Speaker: No way.
Unidentified Speaker: There's no way.
Unidentified Speaker: Yes, they called bullshit.
[00:09:02]
Rich: Let me — let me — let me please ask you to not interrupt and not use
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profanity. That's not necessary. We're people who can talk to each
other, but I don't think it's necessary for us to be disrespectful to
us, and we will not be disrespectful to you.
This is an aerial view of the three buildings that I described to you
earlier. This is the building that will have two units per floor, this
is the building that will have three units per floor, and this is the
building that will have four units per floor, and this is the amenity
building I spoke to you before with the pool and other amenities to
serve the residential. There will probably be a restaurant in this
area that will be open both to the public and part of a club, should
you want to join the club.
[00:4 0:03 ] This is the proposed buffer that will be around the parking
structure. If you're familiar with Moorings Park on Airport Road
and you see the landscaping that's in front of that, our landscaping
will be just as dense, so you will not see the proposed parking
structure to serve the building. This is the view from — I'm
directionally challenged —
Unidentified Speaker: The south.
Rich: The south, going south, looking at the proposed project when it is
fully constructed. This is, I guess, looking from the north for when
the project is fully constructed. This is, as you enter on the main
road, what you'll see if you come around the bend. It's up a little
high, but you can see the intense landscaping that will be in front
of the parking structure to hide it from view as you're driving by.
[00:11:081 There are a couple of improvements that we'll be making that will
be for the benefit of not only our project, but for the benefit of the
island. Should the island ever decide that it wants to have water
and sewer, we are providing utilities of an appropriate size to
accommodate our project and also the island, so if, one day, the
island voluntarily decides to have sewer, it will be available for the
island to connect to, and we are proposing to provide two new
flushing culverts. They're in — I think that's pink. Those will help
with water quality on the island and are needed improvements to
improve water quality, and Mr. Hall can explain that in great
detail, should you have questions about those improvements.
[00:42:05] Those improvements are somewhere around $3-3.2 million that
will be commitments by the developer as part of this project. The
documents — like I said, this is the information where you can get
all the information. If you want us to send you a copy of this
presentation, we're happy to email it to you. Just let us know, and
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we'll make it available to you. Sharon is the point person for our
team, Nancy and Sue are the point people for the county review,
and that is the overview of what we're proposing. Again, this is
intended to be a dialog between us and you regarding the
information we're providing, so we're happy to answer any
questions you may have regarding the project.
[00:43:02] We have to be out of here at 6:45 so we can clean up and put
everything away for the librarian. If you want to speak, please
come up to the microphone, identify yourself for the record so the
planning commissioners know who's speaking, and with that, we'll
turn it over to the public. Ma'am, do you want to go first?
Joyce Beavey: Thank you. My name is Joyce Beavey. I want to first thank you for
your presentation, and I would like you to please look around the
room. We are here today to tell you we are strongly against your
request to rezoning the property on the business isle owned and
operated by Fiddler's Creek on Isles of Capri. All those that are
opposed to rezoning on Isles of Capri, please stand. As you can
see, we are here for a mission, and this is what we're about. No to
rezoning is our mission today. You may be seated. Thank you.
[00:14:08] Once again, your presentation is not consistent, it is not
compatible, nor is it cohesive with the surrounding area on Isles of
Capri. We do not want you to change our Isles of Capri lifestyle,
we do not want the dynamics of our island to change. We are here
to protect our quality of life of that and our whole community
today. Keep the business island business. No to rezoning on Isles
of Capri. Thank you.
Rich: Anybody else want to comment, either ask a question or state a
position?
[00:14:55]
Mike Cox: Hi. Mike Cox. I live on Isles of Capri. Maybe you can straighten
me out on something. I think you said 258 dry slips.
Rich: That's right.
Mike: Are those existing?
Rich: How many are in the building right now? Does anybody know how
many are in the building?
Mark Minor: I believe that's the number.
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Rich: We believe that that's the number that — they're either already
there or can be within that building.
Mike: So, is that the existing boat barn that we're talking about?
Rich: Yes, sir.
Mike: Okay. So, I notice you have requested to rezone that as well, even
though it's already constructed.
Rich: We're requesting to include it in the PUD that we're proposing,
yes.
Mike: Yeah. So, at some later date, you could tear that down and build
another condo there.
Rich: Not — what I showed you as the proposed buildings, those will use
up all the units, so they will not be — the ability to build another
building.
Mike: Okay, but there's no second boat barn?
Rich: No, sir.
[00:16:01]
Mike: Okay, all right. Well, my biggest concern is that if the county is —
provides you with this permit rezoning that that's gonna open the
business island up totally. The precedent has been set, so there's no
reason that you or some other developer couldn't come up, buy all
the property on the business island, and create a little Miami. We
could have 15 of these 168-foot towers out there, which, as Joyce
said, they do not belong on Isles of Capri.
Unidentified Speaker: That's right.
Mike: At the worst case, they would be at the far southwest corner, where
we have other condominiums. The highest one is less than 100
feet, but that's the area that's designed for condominiums on Isles
of Capri.
[00:17:02] Everything around you is one and two stories high. Everything.
The biggest thing on Isles of Capri, No. 3 business island, and No.
2 is your boat barn, which tops out at around 50 feet, probably at
the top of the clock tower, but the whole island is one- and two -
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story homes. This doesn't fit at all. This would be like putting a
SpaceX launch pad in the middle of Port Royal. It doesn't fit in no
way.
Rich: I appreciate your opinion. If you want to line up, it'd probably be
more — because I don't wanna miss somebody while I'm pointing,
so, ma'am, if you wanna get behind her, it'll probably be easier
that way so I don't miss anybody. Yes, ma'am?
[00:17:591
Rosemary: Hi. Rosemary Langkawel on San Salvador Street, Isles of Capri. I
gotta say, you guys build really pretty stuff in Fiddler's Creek.
When you guys built that boat barn, I think you did a pretty nice
job. When you purchased this land, you purchased C3. Back years
ago, when I was selling in Fiddler's Creek, you had a beautiful
concept up there. I thought it was very pretty. I think you guys
ought to build that because it was well done and well placed.
My other question — and, this is the only question I have — who's
that sewer gonna be hooked up to? Is that gonna be hooked up to
Collier County, or is that gonna be hooked up to the [inaudible] at
Marco Island?
Rich: The sewer goes to Marco Island. �-
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Rich: I just heard some boos.
Rosemary: I have two listings on Marco. No, not at all. I just don't think — I
don't want them running the sewer on our island. [Inaudible —
applause]
[00:19:07] They have the most expensive water. It's like the third highest in
the entire state. I really don't want them getting into our sewer
because we'd be the red-haired foster children for the existence of
that sewer line, so, no, I don't want that on the island.
Rich: Right. That would only occur — you would not be forced to
connect. If you decided to connect, you could.
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Rosemary: No, no.
Rich: You won't be.
Rosemary: No. Thank you.
Nicolette: Good evening. I'm Nicolette. I'm a resident of Isle of Capri for 10
years. All of us living on Isle of Capri are very fortunate. We have
waterfront, dolphins, manatees, mandrakes, and more.
[00:20:03] Isles of Capri is located inside of Rookery Bay Reserve. Rookery
Bay states online that everything inside of its reserve is
irreplaceable, natural treasure. It's important to consider our
natural resources and proposed impact on those resources. If FCC
Beach and Yacht LLC get this rezoned approved, you will be
negatively affecting, in my view and most others, generations of
Isle of Capri residents. My husband's grandparents lived there. His
parents lived there. We live there with our daughter, and we hope
that our daughter will live there when she is grown up as well.
Please consider our children and the future.
[00:20:52] I would also like to share with you what it's like coming onto Isle
of Capri. As we turn off busy Collier Boulevard onto Isles of
Capri, there's beautiful, lush, green mangroves to the left and a
small entrance to the right. If you go into that entrance, you'll be
inside the Isle of Capri Paddlecraft Park. You will be on an
unpaved road that leads to McIlvane Bay.
If you continue back down to the curvy road, you are surrounded
by mangroves for one mile. Halfway through the road comes to a
small bridge that looks out at both bays, Tarpon Bay and McIlvane
Bay to the right. As you come out of the mangroves, you'll see an
Isle of Capri sign, an American flag, and a couple palm trees.
You're on our first isle. You'll also notice only residential homes
at the entrance to our peaceful and serene neighborhood. There are
mostly one-story on our main Capri Boulevard. There are just three
two-story houses on Capri Boulevard.
[00:22:04] This area is zoned RSF3, with a maximum allowed height of 35
feet, and most are under. To the right of the road is all mangroves
owned by Rookery Bay. You will pass only seven streets. Most are
waterfront with direct access to the gulf, and you are already on
Isle 2. That is our business isle. The zoning on the business isle is
C3, and buildings can be as tall as 50 feet.
Some of our buildings include four fabulous restaurants, a small
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fire station, a community building, and three real estate offices.
There are nine single -story buildings and 14 two-story buildings on
the business isle. The tallest building on the business isle is the
Tarpon Club Marina, owned by FCC Beach and Yacht Club. It is
50 feet high, the maximum height allowed.
[00:23:05] The Tarpon Club Marina is huge compared to everything else on
the business isle. You know that lovely drive that I spoke about? It
would change greatly. Instead of all the beauty we currently see
coming onto Isle of Capri, you would see three towers all the way
from Capri Boulevard. That's just how tall they are. Three 168-
foot-tall buildings: Not consistent with our surroundings. Anything
above 50 feet would not be consistent with the surroundings right
now.
One thing that makes Isle of Capri unique is we like our privacy,
but our business isle is not private. We have no association that
requires any dues, but we do have a nice community association
building with yearly dues of just $50.00. Anything — pretty much
unheard of anywhere.
[00:24:02] I am here to ask FCC Beach and Yacht LLC developer to
reconsider this proposal. I would like him to know he is welcome
here, that Tarpon Club Marina is a great marina with excellent
service. I think the proposed buildings look beautiful. However, I
feel Isle of Capri is not the right location. The three buildings just
don't fit here. I am hoping you can relocate these buildings to
Fiddler's Creek or somewhere else that's undeveloped with the
proper zoning.
Something beautiful can be built on this lovely piece of property
on Capri within the parameters of the C3 zoning. I know as an
investor, you're hoping to make the most of your investment. That
is understandable, but you also bought C3, and that should be
understandable. I believe most of Capri would be happy if you
moved forward with your original plans that you promised
Fiddler's Creek.
[00:25:02] We would love a restaurant, ship store, and marina. If you get an
exception to rezone just your land to build your three 168-feet-tall
buildings, other property owners on our business isle will want the
same exception made for them. Other landowners will point the
finger at you, saying, "FCC Beach and Yacht Club LCC received a
rezone, and we want a rezone too."
Eventually, we might not have the business isle at all. All the
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business isle could turn into high-rise housing developments, and
the intent of our business isle is to have services for the residents
of Capri. That is why most residents of Capri do not want the
rezone. We don't want a bunch of tall, private buildings on our
business isle. We love our restaurant and community here, and
want to keep the Tarpon Club.
[00:25:59] This area is so unique. We don't really have any comparisons in
Collier County. The best comparisons are Port Royal and
Goodland. Port Royal is beautiful as we are, but Port Royal is
private. You can't go to the private club without being a member
or a member's guest. Goodland, like us, has restaurants on the
water, but has loud entertainment that we do not have. Capri is the
perfect in-between, and that's what makes Capri so special.
I believe all communities — Port Royal, Isle of Capri, and
Goodland — should not have tall buildings because it is not
consistent with their surroundings. Our waterfront land is
becoming overdeveloped, and soon, Collier County will have no
more small communities left on our waterfront, just large towers.
Undeveloped waterfront land is running out, and cannot be
replaced. Please work in the parameters of the C3 zoning, which
the land was originally intended for. Thank you.
[00:27:00]
Jeanette: Hello, I'm Jeanette Atkinson. I've lived on Capri for almost 28
years. I just want to say that the proposal is so out of tune with
everything that makes Isles of Capri the special place it is. It would
end up making us feel like strangers in our own community.
Ken: Hi, my name is Ken Lovegreen. I've only lived on Capri for two
years, but we bought in a little quaint community. I know you're
the lawyer. It's more directed for the developer or the county
themselves. From what I understand, y'all have owned this for 20
years. Why now? Why do you wanna change it to residential
versus development as commercial?
[00:28:09]
Rich: The timing of implementing this change has been driven,
obviously, by the market. Earlier, we experienced, in '08 and '09, a
downturn in the market. It took a while for multifamily to come
back and be marketable. So, it has just simply to do with — the
timing has to do with the conditions of the market to bring forward
our proposed residential development.
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Ken: So, what about doing like they're talking about — I mean, all the
buildings around you, all the surrounding buildings, are only one -
or two-story. Like they said, I think the marina is the tallest
building on the island. You put a tall building right in the middle,
basically, it looks like the middle finger.
[00:29:04] That's gonna be just a tall building out to the [inaudible —
applause].
Rich: When you're done, would you turn that so — they're shorter behind
you.
Ken: No problem.
Jacob: Good evening. Jacob Winge, President of East Naples Civic and
Commerce. I live at 4015 Ivy Lane in East Naples, and just here,
Capri, Goodland, Marco, Port of the Isles have always been a
second home. My family's been here since the 1920s. I've grown
up kayaking, fishing, boating, enjoying the outdoors environment
that we have here that is so unique in our little corner of the world.
I firmly believe that this is a very gross oversight and abuse of our
growth management plan that we have as a county.
[00:30:02] We continue to sacrifice extremely vital commercial property that 2-
is absolutely needed for economic development and opportunity. N
Throughout our history, as Collier County has grown, younger i
generations do not stay here. My granny got in a car at the beach
hotel at her graduation and went to Miami because there was no Z
opportunity here in Naples. She came back three years later; most N
people do. Most of my graduation class did not stay here in CD
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southwest Florida, did not stay here in Naples because there is not
the economic opportunity and the opportunities for young people
to have families and to grow up the same way that I did, that my 2
mom did, and other family members did. m
[00:30:54] This continuous expression by developers to look at commercial
properties for residential rezoning, again, is just, I think, an
extreme and gross abuse of our growth management plan. We have
these plans for a reason, and I hope that our planning commission
and our county commissioners will have the backbone to say no to
developers, and if that's opening up doors to lawsuits, we have a
county attorney for a reason, and I know he's very capable, and I
think that that's the right thing to do.
It's not about doing what's popular, it's not about what makes
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money, it's not about, at the end of the day, the ability to change
zoning because of private property rights, and I'm a big fan of — I
think everybody in this room is all for private property rights and
being able to do things, but the zoning and the proposal of what's
being made is not conducive in any way to the surrounding area, is
not conducive to anything, really, probably within five, 10, 15, 20
miles of the surrounding area to a very great degree as opposed to
what is around it and trying to find a true thing to compare it to.
[00:32:06] And again, I think just steps way, way too far in advance of our
growth management plan, and just is not needed in the community,
not wanted, and I think there's 120 different options that the
developer that could go down, and I think the community on Capri
and people around it — where I live in East Naples, Marco,
Goodland, etc. — would be open to communications and working
with developers moving forward rather than just trying to find
harebrained ideas to rezone properties when it's just not needed.
Sharon Calhoun: Hello, hi. I'm Sharon Calhoun, and my husband Kelly and I own a
business on the island for the past 15 years, and I'm a resident at
401 Cristobal.
[00:32:56] We have a business, Cool Beans Cruises, that's been right now,
and our home is right next to us, so it does greatly affect me. But,
my point that I'm taking is personal. I'm asking the developer from
a perspective of not necessarily me, but how are you gonna market
it to your potential customers? And, I will give you an example. I
lived in a Toll Brothers community that was all neat and tidy. I
lived in a Toll Brothers community down in Naples, Florida and I
lived in [inaudible], and I loved Blakeley. I lived next to the
Players Club and Spa, everything was neat and prestigious.
When my husband said we're gonna move to Isles of Capri, even
though my business was there, honestly, I kind of fought him a
little bit because I was like, "You know what? It's an island vibe.
I'm kind of a neat and prissy girl. Do I really wanna move there?
People have boats in their yard, they have RVs, we have broken
sidewalks, power lines." And, I love it, I would never, ever leave,
but that was me coming in. So, my question is to you, how are you
gonna market these wealthy — I would assume people have to be
fairly wealthy to afford the homes there.
[00:34:09] But, if we think it's odd, I'm assuming that your prospective
customers are gonna think it's odd too because they're in a
modern, beautiful facility, and they're gonna think everything
around them should be the same way, and it's not. It's an island
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life. We do our own thing. I kinda learned the hard way when I
moved in. I got in a fight with my neighbor over a code
enforcement for two years, and we argued with each other over it.
And, I can see both points because I live both points. So, my
question is I've gotta assume your customers coming in might
argue a little bit about it. That's all. Thank you.
[00:34:56]
Jeri: I'm Jeri Newhouse, and I have been a Caprier for 27 years this
year.
Unidentified Speaker: Can you get closer to the microphone?
Jeri: I'm Jeri Newhouse, and I've —
Unidentified Speaker: Speak up, Jeri!
Jeri: I'm Jeri Newhouse. I've been a Caprier for 27 years this year.
FCC's request for a 667% increase in residential dwelling units
from our current C 3 3 to the proposed 20-plus is not consistent,
it's not compatible, it's not cohesive with our neighborhood in any
way, shape, or form. Per the 4/8/22 comment letter, No. 3, from
zoning, after your request for additional information, this is the
quote from there.
[00:36:03] "The proposed project is incompatible with the surrounding
neighborhood. The majority of existing neighborhood buildings are
one to stories, and the density is three DUAs. Please revise the
proposal such that it is compatible with the surrounding
neighborhood." We can't wait to see the response on this.
Virginia: Good evening. My name is Virginia Hogue, and I've lived on Isles
of Capri for over 20 years. When I was in elementary school,
which was in the Dark Ages, we received a satisfactory or
unsatisfactory in discipline, but we also received a satisfactory or
unsatisfactory in citizenship. We would grow up to realize that we
lived in a beautiful democracy, but just as important was social
responsibility.
[00:37:00] Picture Fiddler's Creek, eight of your most expensive homes, and
put this project right in front of them. I don't think they'd be too
happy. On the Isles of Capri, we are bordered by some of the most
sensitive waters in the whole United States. In fact, the Crescent
Beach that goes around the corner onto Marco is only one of seven
very sensitive beaches in the whole world. Within those waters, we
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already have had mangroves being — dying because of changes,
and the sensitive waters have already been changed by any
important change.
I would maintain that while you have development rights, Fiddler's
Creek does not need any more units for housing people. You have
miles and miles of it already.
[00:38:01] What you have advertised, sometimes falsely, is that waterfront,
beach, boating, etc. goes with the territory. Within that, however,
people who come over and use the boats, a beautiful restaurant, use
all the amenities, but I go beyond the C3. I don't think you need
any more people — units. You have a million of them down there,
all the way down 41. So, I'd ask that you listen to the people
tonight and think about what you're doing in the area of everyone
who's concerned. Thank you.
Matt: For the record, Matt Crowley. I think we've made our point, thank
you very much, everybody, and just some housekeeping if I could.
If you didn't sign the clipboard over here, please sign it on your
way out, okay? Thank you.
[00:39:01] We've heard a lot of comments, so I'm not gonna go over
everything again. I'm just gonna pluck a couple of things I heard
and ask a couple of questions, if I could, and one of them is this,
and it speaks to what Jeri Newhouse said about inconsistent,
incompatible, not cohesive. And, the comment — and, she read it
verbatim — and it ends with "Please resubmit your plan in a manner
that is consistent." So, my first question is will you be doing that?
Rich: We will be submitting our response to that question. I know it
won't surprise you that we do not agree with the staff s conclusion,
and we will provide additional information for the basis for why
we disagree with staff s conclusion?
Matt: Can you share that with us?
Rich: Not at this time, no.
Matt: All right. When do you intend to respond to the latest RAIs from
the county?
Rich: Probably within the next week or so.
[00:39:56]
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Matt: All right, thank you. And, just one other thing I wanted to tell you.
It's probably obvious to you right now. We feel like you have
given us a choice between something we hate and something we
hate worse, and I'm gonna pluck something that Mr. Winge said.
He said that there were possibly 120 options available to you for
this property. So, my recommendation would be that you guys
think a little bit more creatively and come up with something that
looks a little more like a win -win, because this certainly doesn't.
The most obvious one that comes to my mind right off the bat is
why don't you build that resort annex for your Tarpon Club
members like you promised them so many years ago? If I'm not
mistaken, that's what the property was intended for when you
purchased it. I don't think you'd get a whole lot of argument from
us on that. And, the other thing is, look, I think there are probably
plenty of people here who would say another restaurant? Fine,
another place to go. That's great. But, this is beyond the pale for
us. I think it's pretty clear to you this blows our mind. This is
something we could never have anticipated.
[00:41:04] Not only is this inconsistent, it will change our lifestyle, change
everything about it, just the construction alone, so I would
recommend and beg you to reconsider and come up with
something that looks a little more like a win -win for us instead of a
zero -sum win -loss. Thank you.
Captain Glen: Captain Glen, Isle of Caprier for nine years. Two questions. No. 1,
will the Fiddler's current community have access to this private
club?
Rich: Anybody who wants to join will have access to the private club.
Captain Glen: What are the association fees?
Rich: I don't think we've established that yet.
Captain Glen: Right, okay. So, yes, if they wanna join the club, okay.
[00:42:00] And, how many current residents are in Fiddler's Creek?
Rich: I don't know the exact number, but you can join the club.
Captain Glen: Somebody knows here. Really? You don't know what the number
is?
Rich: I don't know the exact number of how many people live in
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Fiddler's Creek today.
Unidentified Speaker: There's 7,500 homes.
Captain Glen: How many?
Unidentified Speaker: Seventy-five hundred.
Captain Glen: Seventy-five hundred homes, okay.
Rich: There are not 7,500 homes built.
Unidentified Speaker: Three thousand.
Captain Glen: All right, it's a lot. There's 500 single-family dwellings or lots on
Capri, for perspective's sake. Separate question, unrelated. Have
you guys heard of Captains for Clean Water?
Rich: Tim Hall has heard of it.
Captain Glen: You've heard of Captains for Clean Water. Have you talked with
them?
Tim Hall: About this project?
Captain Glen: Yes.
[00:43:001
Tim Hall: For the record, my name is Tim Hall with Turrell, Hall &
Associates. I'm the environmental consultant on the job and have
done the permitting for the marinas that are associated with it. So,
no, I have not talked to the Captains for Clean Water about the
upland portions of the project or —
Captain Glen: I would highly recommend you do that stat because the project that
you're trying to present to us is not gonna work for Captains for
Clean Water.
Tim Hall: You're speaking for them, I guess. I don't —
Captain Glen: I'm just one of thousands of them.
Tim Hall: I'm not arguing with you, I just know that their purpose has to do
with the water once it hits open water. As long as the stormwater
components of this project meet the criteria that they purport to
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support, then I don't know why they would be involved in an
upland development project —
[00:44:061
Captain Glen: Well, because your proposal seems to be conspicuous in its
absence in these things called retention ponds, which I thought
were sort of required when you build buildings like you're
building.
Tim Hall: There is a water management system that is required, and the water
that's generated on that site through stormwater has to be treated
before it goes into the natural water body.
Captain Glen: Where does that occur?
Tim Hall: That would be a civil —
Unidentified Speaker: That's an engineering question.
Mark Minor: Underground vaults, for the majority.
Captain Glen: Underground vaults? Cool.
Mark Minor: My name is Mark Minor. I'm the civil engineer. I'm with Grady
Minor. And, the stormwater system will be a combination of open
swales and rain gardens that are incorporated into the landscape
areas that will occur around the site, and then vaults that'll be
constructed underneath the surface part. It will all be compliant
with the Florida Department of Environmental Protection rules and
regulations for clean Florida waters.
[00:45:13]
Captain Glen: Thank you.
Rich: [Inaudible — applause] We have one person on Zoom who had
asked for a question, then we'll go back to you, if that's okay.
Unidentified Speaker: Go ahead, Paul.
Rich: Paul, go ahead. Paul?
[00:46:00] Well, Paul, maybe try again. We'll pick up where we left on. Yes,
ma'am? You're on.
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Kim: Hi. Kim Hoden. My parents have lived on Isle of Capri for over 20
years. I guess my question — I've got a couple questions. One, what
is zoning required of you — your company, your planning,
obviously the environmental folks — to meet the demands to
change our zoning from C3 to your urban — changing the density
from three to 20? What are you being asked to provide to get that
done?
Rich: There are two petitions with several questions and data that we are
required to provide to back up our request.
Kim: Is that publicly available?
Rich: It is all publicly available. It would take me forever to go through it
all, but yes, there are two petitions with backup data we have to
provide to support our position.
[00:47:08]
Kim: And, where are you in providing that? How successful do you
think you're gonna be, 1 to 10? Where are you right now, and
where do you think you're gonna end up?
Rich: I'd like to think positively, so I'd like to say I'm gonna get a 10,
but I'm not so naive. But, we have provided the data that backs up
our request. Ultimately, we'll be going to the planning commission
first to make our case. They will make a recommendation to the
board of county commissioners, and then we will go the board of
county commissioners and make our case. We'll be required to
convince 4 out of the 5, which is a supermajority, to have them
believe we have satisfied the criteria to both change the growth
management plan and the zoning of the property. So, that's our
burden, we're prepared to move forward with that burden, and we
believe our expert testimony supports our position.
[00:48:06]
Kim: And, given that, where do you think these folks — us folks, the Isle
of Capri residents — fall in importance in your determination and,
quite frankly, the planning commissions — zoning, county — where
do we fall in there in terms of being heard in stopping this?
Rich: You will have your opportunity to show up to the planning
commission, either in person, write letters, whatever is your chosen
avenue to express your opinion, the planning commission will
listen —
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Kim: And, do we have a date for that yet?
Rich: We are targeting probably the planning commission — do we
know? We don't know yet the date —
Kim: But, we'll be informed?
Rich: Of course. There'll be letters that are sent out, there will also be
signs on the property, I'm sure you all will drive by the signs. They
will have the date of both the planning commission meeting and
the board of county commission meeting.
[00:49:06]
Kim: Okay. The other question I have — if this goes forward, clearly, the
infrastructure around the line, a two-lane road coming into this
maxed-out density of population — what is your company doing to
support infrastructure improvements, and will there be — will you
be widening the roads? I know you talked about the tidal... flushing
Rich: Culverts.
Kim: The culverts and potential sewer and sanitation enhancements, but
are you planning to do anything with the roads?
Rich: If Collier County determines that our project causes the roads to
not be county — up to standards, we'll be required to make changes.
I'm not gonna get into — you've made it very clear that you don't
believe that commercial can bear any more traffic. I'm not gonna
get into that, but both projects would be required to address traffic
impacts.
[00:50:03]
Kim: All right. And, there are studies that are backing up the
residential/commercial comparison in terms of level of traffic?
Rich: Yes, ma'am. It's all based on a book that does the analysis. I think
we got [inaudible — applause].
Unidentified Speaker: Actually, it's Sheela.
Rich: That's why Sheela didn't respond when I called for Paul. Sheela,
go ahead.
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Sheela: Hi, everybody. Hello, everyone, and actually, my fellow Capriers
and all in support of our cause. I just have a couple of things. So, I
just wanna clarify. The marina is technically not open to the
public. It's open to the public if you want to join. Is that correct?
Rich: The marina — if you want to get a slip, you will have to either lease
or purchase the slip, yes. It's not for anybody to just show up and
put your boat there.
[00:51:03]
Sheela: Okay. And, I'm just trying to clarify the statement that you sent to
the county. It's in your documents under your project — I'm just
gonna do the PL 2313 — and exhibit is Exhibit VD, "growth
management," and it's under "project justification." And, the quick
sentence says, "This site is located in an area already having
residential and commercial development at densities and intensities
comparable to that proposed." Can you explain to me how you can
justify that statement, please?
Rich: I think what you said is we had stated in our document that our
request is basically consistent with the densities/intensities in the
area. Did I paraphrase it correctly?
Sheela: Yes, consistent with the densities and intensities within the C3 and
surrounding areas.
[00:52:03]
Rich: Okay. I'm gonna turn it over to Mr. Arnold, who's our professional
planner on this.
Wayne Arnold: Hello, I'm Wayne Arnold, and I'll do my best to answer that. I
don't have the information that I wrote directly in front of me, but
as we've talked about, the site is zoned C3. It allows a certain
intensity of commercial development. We do a comparison of the
impacts of commercial development compared to the impacts of a
mixed -use project that we're proposing. The marina component
largely exists 1 today. We're talking about adding 180 residential
units, so we have provided a market justification study for those to
determine that there's adequate market supply available for
residential.
And then, the commercial component that we've provided for in
addition to the marina was one of some ship store opportunities,
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some office and administrative -type services. We didn't ask for the
full range of C3 in our zoning — that's something that we're giving
up, many of those 0-type uses in the existing zoning — so we do
think we're consistent with the intensities and densities that are in
the surrounding area.
[00:53:05]
Sheela: Okay, I guess I'll have to take that as an answer. Thank you.
Rich: Thank you. Sir?
Dan: I'm not very good at this.
Rich: You don't have to be.
George: George Merklin would like to speak.
Rich: Who?
Unidentified Speaker: George Merklin would like to speak.
Rich: Do you mind? M
N
Dan: Whatever. Gives me more time. �-
L
V
N
Rich:
Go ahead, George.
i
George:
Thank you. Mr. Yovanovich, do you stand by your claim that you
Z
made at the first NIM that you would take about a year to build this
N
project?
N
Rich:
That was actually a statement made by, I believe, Mr. Minor that it
would take about a year to build the project. Is that correct, Mr.
2
Minor?
N
ca
Unidentified Speaker: No, it was you.
T
c
E
Mark:
Yes, but I think I was corrected by you.
Q
Rich:
Yes, I think I corrected —
r
a
E
Mark:
It was about 18 months.
z
2
a
[00:53:58]
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Rich: Yeah, I think I corrected that because we would be building this
more likely 18 months, probably to 24 months for each of the
towers.
Unidentified Speaker: For each tower.
Rich: Well, they would be built together, so, yes, there would be — 18 to
24 months is probably more realistic.
[Crosstalk]
George: Okay, that's fine. Can you give examples —
Rich: I'm sorry?
George: — from shovel in the ground to occupancy permit? Do you have
examples that you can give us on how long they actually took?
Rich: Sure. I can tell you that there are many taller structures that have
been built throughout Collier County that are much taller than this.
For instance, if you go to Kalea Bay, I think there are 22 over two
or 20 over two.
Unidentified Speaker: Twenty over two.
Rich: Twenty over two, and they're building those structures in about
one to two years. They're building it right out — you can watch
them build them. They are taking about a year — at the most, two
years — to build, and they're bigger, they're taller, and there are
more units than we are proposing. So, George, look at Kalea Bay if
you want an example.
[00:55:14]
George: Okay, thank you very much for that one. The next question: If you
discovered that a majority of the Capriers were downright opposed
to this project, would you advice FCC to withdraw their rezone
request?
Rich: I will talk to my client about how we propose to proceed, and we'll
make a decision whether to go forward or not.
George: And then, my last question would maybe be for Tim Hall, I'm not
certain, but I was told by the planners that your two PLs are only
for property that you own, not property that you lease.
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[00:56:02] And, I've seen the lease for the underwater ground that you lease
from Florida where the new docks are going to go for the yachts by
the yacht club. Why are you making facts and reports known about
underwater structures that are not part of these two PLs? I don't
understand why you're including reports into your discussions with
the staff.
Tim Hall: Tim Hall, for the record. I'm not entirely sure what you're asking
for. One of the documents that we provided was what's called a
submerged resource survey.
[00:56:57] Because the docks on the north side have not been constructed yet,
the county requires us to show what kind of resources that are in
place that may be impacted when those docks are built. They have
been permitted by both the Department of Environmental
Protection and the Corps of Engineers, but they still require a
county building permit, and because they're not constructed yet,
they are being included in the project that's being proposed now,
and all of the information that we would have to provide when we
do apply for a building permit needs to be provided now at the
same time.
So, that's why those submerged resource surveys were included in
the documentation that was provided to the county. I don't know if
that actually answers your question or not, but I think that was the
intent.
George: No, it's about the same answer I got from the county, but they're
posing the argument when they say you can only have your PL
referred to a property that is owned by the petitioner, not leased. I
can't seem to see where you're separating that, but your answer
will suffice for now, thank you.
[00:58:111
Tim Hall: Well, the PL number I think you're referring to is the code that the
county uses. It's the petition number, and so, that applies to the
upland zoning work and so forth that's being reviewed, and the
docks, since they're a part of that, that's why the submerged land
information is included, but the zoning does not apply to the
bottom lands that — the county can confirm this, but the zoning
doesn't actually apply to the bottom lands over which the docks
are constructed. There's a lease agreement with the Department of
Environmental Protection for those docks to be there. The county's
zoning allows for the docks associated with the upland use and the
access to those docks from the uplands.
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[00:59:01 ]
George: Thank you.
Rich: Thank you, George. Thank you, Sheila. Yes, sir?
Dan: Hi, my name is Dan Parmitzer. I live on Tahiti Circle. I've lived on
Capri for, I think, about 12 years now. I moved to Florida actually
from a very, very small island. We're less than 1,000 people still
now. I lived on Marco for probably eight years when I first moved
here. To be quite honest, I bought a house on the Isle of Capri
because at the time, that was all I could afford. I have three
children, 10, 13, and 17, about to be 18. I have worked at the same
company in Marco for about 16 years. I spend most of my time
Marco, unfortunately for myself. What I'm really concerned about
is I work on Marco every day. I don't wanna come home to Marco.
[01:00:04] [Inaudible — applause]
Debra: May I ask a question?
Rich: Ma'am, let him finish, and then we'll let you comment. Is this
Debra? Thank you.
Dan: I really love this community. It reminds me of home. And, to be
able to go out on the ocean by boat — it's pretty amazing. I just
wouldn't like to see that change. I'm not against progression of any
kind, but I built a pool a couple years ago, and I put a friend gate in
for my neighbor to come in the back. So, I just really love our
community, and I'd just like to try to keep it the same.
Rich: Thank you. All right, Debra. You're up.
Debra: Hi, can you hear me?
Rich: Yes, we can.
[01:01:01]
Debra: Thank you. Thanks for taking my question. So, it appears to me by
reading through all the information that's been provided, what's
happening here is basically that Fiddler's is building a gated
community — a gated residential community — with ancillary
services for their residents on this piece of property. Can you tell
me what is the benefit of this development to the Isles of Capri?
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Rich: Well, as I think I said at the last meeting, there are several that you
may not agree with, but I'm gonna tell you — you asked my
opinion, so I'm gonna provide it. We were confident that the traffic
that would come to a commercial project on this parcel, which
would be an attractor, will not be just to serve — I think someone
said 500 single-family lots exist on Isle of Capri. I'll trust that
number, but let's say it's doubled.
[01:02:06] The commercial will be something that will encourage people from
the surrounding community and from Naples to come to your
island to enjoy the waterfront, so we believe it's a reduction in
traffic, you can agree or disagree with that. We believe that it
frankly will be a nice entrance to the island and add value to the
residents, and I think that your island is changing already. People
are buying your houses and replacing them, and will do so in the
future because it's waterfront, and it's all increasing in value, and
they're not making any more waterfront.
So, we think that this will be an asset from a property value
standpoint, and I think those are the two primary benefits, together
with the flushing culverts that will be installed in to improve water
quality and bring — should you decide someday, even though you
don't like Marco Island, to add central water and sewer to the
island.
[01:03:11] Tim?
Tim Wozlowski: Yes, thank you. My name is Tim Wozlowski. I'm a resident of Isle
of Capri, and I have a comment — one comment and one question.
And, my comment is that when I think about this project, the main
thing that comes to me — and this request to change the zoning — is
it ain't fair. So, you bought this land with the current zoning that it
has, with that understanding, made your plans around that, and as
several people have said on here, do what you said you were gonna
do. It ain't fair for you to change the rules in this and build
something that an entire room of people are opposed to, literally
every resident on the island. Play by the rules. You bought it, you
build what you're allowed to do. That's my comment.
[01:04:16] This project is not compatible and consistent with the existing area.
You've shown the pictures of the existing area, are largely two-
story buildings, other than the marina is there. From the rendering
you've shown, it's obvious on its face that it's not consistent with
the area. Can you please, in simple, plain language, tell us how you
believe this is consistent with the surrounding area? Thank you.
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[01:04:57]
Wayne: This is Wayne Arnold. I'm gonna take the opportunity to tell you
about that. So, a lot of what you're saying is based on building
height, and building height alone to us is not the measure of
compatibility, per se. Rich touched on some of the landscaping
components.
There's a lot of architectural details to these plans. We could spend
a lot of time going over the details of those, and they're evolving,
but the buildings themselves will be attractively designed, they'll
be well landscaped, so at the street level that most of you will see
these buildings, they're not the impact that you're seeing from an
aerial view that's looking as if you're a helicopter looking into the
site. So, from the standpoint of density that some of you have
mentioned, when you look at some of these —
[Crosstalk]
Wayne: When you look at the density associated with these, most of you —
when we look around, we don't realize what the true density of a
project is.
[01:06:02] We have projects that are low-rise buildings that are approaching
10 to 12 units per acre. This happens to be more of a mid -rise
structure that houses 108 units in three towers, which, that in itself
provides more open space for corridors, and as Rich said, we don't
really obstruct any view from any of the neighboring properties,
nor do we shade those properties. Thank you.
Unidentified Speaker: But, they're twice the height of the other buildings.
Wayne: Excuse me, please.
Rich: You're up. Sorry.
Shawna: Hi. Am I identified for speaking?
Rich: You are. Before you start, we have three minutes left, so you may
be the last person.
Shawna: Yup. Shawna Fernandez. I'm on Tahiti Circle. I've been on Capri
about eight years now.
Rich: You have a fan club.
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Shawna: I have a question about the property that you currently own, and
the marina in particular, and my question is going back to what
Dan said about being neighborly, and all of us agree and speak like
that, what kind of neighbors will you be to the rest of the
community that you have left derelict marina area for the last 17
years?
[01:07:17] I didn't think that was gonna be that big of a fan club comment.
But, it's a major concern, and that concern is a lot to boat traffic,
that's a lot to our environmental area, and not just to that, but that
does speak as to what kind of neighbors, and if you mentioned
we're all gonna be respectful, quite honestly, that does not feel
very respectful to the rest of Capri.
Rich: Well, the items you're discussing are going to be remedied this
summer.
Shawna: Thank you.
Rich: We will be coming in and — go ahead. Hang on a second.
[01:08:05]
Tim Hall: The docks associated with the boat barn are being reconstructed.
They'll be under construction now. As part of that, depending on
timing of delivery and materials and all, the intent also is to move
around to the north side of the island, to pull the pilings that are
there, that have been there for quite a while.
Unidentified Speaker: Seventeen years.
Tim Hall: And, let me say there are reasons associated with why those are
still there and why they haven't been put forth, but those are also —
there are permits in place to reconstruct that marina as well, which
will be done in coordination with whatever project moves forward.
What I've been told is that that marina will be under construction
in late 2023, to be completed in '24.
[01:09:01 ]
Rich: One minute. You're up.
Kendra: I'm Irish, so I'll try to be quiet and do this fast. Kendra Maxwell,
194 Tahiti Circle. This is a really emotional issue for all of us, we
thank you for being here, but please come to our island. Look at
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the way we live. When you drive down Collier Boulevard, there
are three of those godawful towers on your left that stick out of the
palm. They're inconsistent. They look terrible. What you're
proposing is so completely inconsistent, incompatible, and — it's
just hard to imagine. You bought this property C3. Please build it
C3.
[01:09:59] This community knows that that boat has left. You own it. You can
build it. But, build it C3. Build your clubhouse, build your
whatever you want up to that 50-foot thing, but don't change the
zoning for this because you open up the doors, and we don't want
height. Our island is unique. It is like a last bastion of fishing
village. We're not like your other communities where you're
building your high rises and you don't think they're that tall. We
are a community of small, humble, and even though the real estate
is going bonkers and is changing, we still are unique. This proposal
is not consistent. It is greed, and that's not right.
[01:10:58]
Rich: We're out of time. I wanna thank you all for coming. I especially
wanna thank you for the way you treated us. I thought you were
very respectful and cordial, although you didn't agree with some of
the things we said, so I thank you for coming, and — what's that?
But, thank you. We gotta start cleaning up.
Unidentified Speaker: Quick comment. Just so there's no misunderstanding, we love Tin
City, right? Anything that this is C3, we love it.
Unidentified Speaker: C3!
[End of Audio]
Duration: 72 minutes
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Z339`f
f
9.A.j
i
7
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9.00 A.M.
on October 11, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami
Trail, Naples, FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
89-D5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES
BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM URBAN, URBAN MIXED USE DISTRICT, URBAN COASTAL
FRINGE SUBDISTRICT TO URBAN, URBAN MIXED USE DISTRICT, ISLES OF CAPRI MIXED USE INFILL SUBDISTRICT TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 1D8 RESIDENTIAL UNITS, UP TO 10,000 SQUARE FEET AND 200 SEATS OF RESTAURANT
AND MEMBERSHIP CLUBS, A MARINA INCLUDING UP TO 64 WET SLIPS, A 258-UNIT DRY BOAT STORAGE FACILITY AND A
SHIPS STORE, RETAIL AND/OR DOCKMASTER'S OFFICE LIMITED TO 1,000 SQUARE FEET AND 6,000 SQUARE FEET OF C-3,
COMMERCIAL INTERMEDIATE DISTRICT USES. THE SUBJECT PROPERTY IS LOCATED ON THE ISLES OF CAPRI ON BOTH NORTH
AND SOUTH OF CAPRI BOULEVARD IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE'26 EAST, CONSISTING OF 5.32s ACRES;
AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210002313]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM
A COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS ISLES OF CAPRI MPUD, TO ALLOW CONSTRUCTION OF MIXED USE
DEVELOPMENT UP TO 168 FEET IN ACTUAL HEIGHT INCLUDING A MAXIMUM OF 108 MULTI -FAMILY DWELLING UNITS, UP TO
10,000 SQUARE FEET AND 2DO SEATS OF RESTAURANT AND MEMBERSHIP CLUBS, A MARINA INCLUDING UP TO 64 WET SLIPS,
A 258-UNIT DRY BOAT STORAGE FACILITY, AND A SHIPS STORE AND DOCKMASTER'S OFFICE LIMITED TO 1,000 SQUARE FEET,
AND 6,000 SQUARE FEET OF GENERAL OFFICES, PLUS ACCESSORY INDOOR AND OUTDOOR RECREATION USES AND PARKING
STRUCTURES WITHOUT LIMITATION. THE SUBJECT PROPERTY IS LOCATED ON THE ISLES OF CAPRI ON BOTH NORTH AND SOUTH
OF CAPRI BOULEVARD IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 5.322 ACRES; PROVIDING FOR
REPEAL OF RESOLUTION NO.92-588 RELATING TO SETBACK VARIANCES AND RESOLUTION NO.93-370 RELATING TO A PARKING
VARIANCE FOR BOAT SLIPS; AND BY PROVIDING AN EFFECTIVE DATE. P4 2M00023141
Project `.
Location apr B
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Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on
behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be
allotted ten (10) minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of
three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations
before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments
remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the
link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.cglliercountvfi.gov/
Sur-county�visitors/calendar-of-everrts after the agenda is posted on the County website. Registration should be done in advance of the
public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of
the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is
at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at (239) 252-8369 or email to Geof(rev Willio@collie=untvfl gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is based.
It you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335
Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Ann Jennejohn
Deputy Clerk (SEAL)
ND-GC10845410-01
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Cop e6 0f the pro red Oww nicrs sre a0 8[e with the Clerk m the Board and are aysilabk for neon. All i0terestal attend and be card �P parties are invftd w.
NOTE: All persons wlsitmg to, speak on Wag enda item must."VAer wilt thn Conntima uipr prior to presentation of the agenda its !to �.
t e addressed. Individual speakers will be limited to thtee (3) mmutes on any i*jL The selection of soy individual to speak on behalfuf as
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Ws}+epk0aaniteut sF? Pe ororganimtionmaybeallottedten(10)minutes
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1'etssats wishing tin have wriiten ur gnpliic materials'luslnded m the Board ageo'da packets must submit said materials mmfinti of three (3)
weeks prior to'the respective pabEc hearhtg Tn any case, wntten maferials intended to be considered by the Board shall be submitted
appiopriate Gounty
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staff a"minimum of sever f7} days print to the: Dublin heating Ap 5naterials used }n preaeptatoas before the Board will
liecomeapermaoetitpaitoftlterewrd: '
Aspatt of sit oingoing i,dtiatice to eaacourage IiElnvpivedteq;ihepabiic ivilihave the to provide public comments remMdg as
well as in psrsen duruig thrs pmceeding: in ducts who world like to partidpakaemot y s register through the fink
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provided wWdn
sprci6c ayem/meetmg enay on thr Celendu of livents oIt die County website at wwwcoill !
of,eVents °i'Tyly
after the agenda p posted on. We County we`bstte.:I(egistragon s)toald §e done in advanc th
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specEted within the public meeting notice: IndivFAnals avhn reaie� w 0 . wa..'. _., 5 - �_--- =- 1 _ . . . . eennS. auy deadjioe
""""ys. i'= vearnry n'nug at (239} 252-W9 of entail to Geoiirey.Wmgp a 7•.gac
..Any p-- wIio decides to appeal any decision Of tb2 Board WM need a record of the proceedings pertaining thereto.aud tltvefare, maypent: to ensure that a vetfiatim record of thrprocerdings is made which recopi includes the testlm6n) "and evideau upon Wlticlt the appeal'is [rased
Ifyou'e1e a person wNh a disabilitywho needs any accommodation iaorder to patttapate in tliia proceeding you are entitled at no coat to you,
to theprovision ofcertaitt assist3ytcr. Pkasr contactthe Colikr CotntyFaManagemeirt Division, posted at3335 Tanniami Tjrail East, Suite:
101, Naples, FL 34112.535Yr, (234) 252-8380, at!'tst tFvo (2}days prior tq the meeling.,..yasistsd Bstening.devices for the hearing impairedat8 ayailabk in the Board of Couniy CommissonusA$ce:
BONtD OP COUNTY COMMLSS101QERS
COLI:iB}2 COUNTY FLORIDA -
RJCK,LOCASTRq CIR4IRMAN
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Ey Martha Vergax% Deputy Clerk
(SEAL)
Packet Pg. 122
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(CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT)
A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar
days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through
the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be
construed to supersede any requirement of the LDC, For specific sign requirements, please refer to the Administrative Code,
Chapter 8 E.
1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or
easement.
2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened
securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action
has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the
petitioner's agent must replace the sign(s)
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE
RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE
ASSIGNED PLANNER.
AFFIDAVIT OF POSTING NOTICE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH
SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER
CQY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S)
OF APPLICANT OR AGENT
Sharon Umpenhour as Senior Planning Technician for Q.
Grady Minor & Associates, P.A.
NAME (TYPED OR PRINTED)
STATE OF FLORIDA
COUNTY OF Lee
3800 Via Del Rey
STREET OR P.O. BOX
Bonita Springs, Florida 34110
CITY, STATE ZIP
The foregoing instrument was sworn to and subscribed before me December 15, 2022, by Sharon Umpenhour as Senior
Planning Technician for Q. Grady Minor & Associates, P.A. personally known to me
and who did/did not take an oath.
Signature of Npfary Public
Carin J. Dwyer
Printed Name of Notary Public
My Commission Expires: ;P`Y►' CMINJ. DWYER
(Stamp with serial number) _': ;, MY COMMISSM 0 GG 9$2367
a' o EXPIRES: May 14, 2024
Rev. 3/4/2015 6onde0 Tbru Natwy Pub4e tnderwrfters
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