Agenda 09/10/2024 Item #11B (Recommendation to inititate appropriate action to remove the mural on the Ascent Naples building located at 1950 Mayfair Street, near the intersection of Davis Boulevard and Tamiami Trail East)09/10/2024
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney, working with staff, to take legal action, as necessary,
including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples building
to ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis
Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA.
OBJECTIVE: To initiate appropriate action to remove the mural on the Ascent Naples building located at 1950
Mayfair Street, near the intersection of Davis Boulevard and Tamiami Trail East, within the Bayshore/Gateway
Triangle CRA.
CONSIDERATIONS: On July 23, 2024, the Board of County Commissioners held a joint workshop with the
Collier County Community Redevelopment Agency and Local Redevelopment Advisory Boards. During Agenda
Item 2.A., there was discussion about the painting on the Ascent Naples building with the expectation of a future
staff update to the Board.
Ascent Naples is located within the Mini Triangle MPUD (within the Bayshore CRA), in the northeast corner of the
PUD, and abuts Davis Blvd (see attached site location map). During the review of the SDP, the architectural plans
depicted the sides of the parking garage with a geometric -style pattern, which staff approved as an architectural
feature (brick -like facade) (Attachment A). The developer instead painted, as described by the artist, a floral motif
of oranges, greens, and blues, intended to depict "petals swaying in the breeze" (Attachment B). For transparency,
it must be noted that the building permit application depicted a gray and white floral architectural feature
(Attachment C); however, the building permit process generally reviews for adherence to the Florida Building
Code, not necessarily strict adherence to the Land Development Code (LDC) (which is reviewed at time of SDP).
Because what was constructed (painted floral motif) was not what was approved (architectural feature), staff is
unable to allow a certificate of occupancy be granted.
Further, the developer does not have an avenue of relief for keeping the painting as -is because the Board placed a
moratorium on murals, and even so, the painting does not meet the LDC requirements for such murals.
In 2012, the Board approved Ordinance 2012-39, which created the Bayshore Gateway Triangle Mixed Use
Overlay District and allowed for murals. Per the Ordinance, murals are allowed as public art within the Bayshore
Gateway Triangle Redevelopment Area (BGT CRA), subject to eight conditions, including size and location;
however, there were no guidelines for the application process or review and approval. In April 2018, the Board
directed staff to suspend taking applications for new murals and to utilize the CRA for more public discussion
regarding an application and review process. In 2021, the Board approved the BGT CRA Public Pilot Art Plan and
authorized staff to update the LDC accordingly. However, the proposed LDC amendments were never adopted by
the Board.
The current floral motif mural does not adhere to the current requirements of the LDC (4.02.16.H), including the
following criteria:
I. Murals are only allowed on commercial, civic, or institutional buildings [This is a mixed -use
residential and commercial building].
2. Building must be located within the proposed Cultural District Boundary, Community
Redevelopment Agency Resolution 08-60 and cannot be located along U.S. 41 [This building is not
located within the Cultural District Boundary as depicted in Resolution 08-601.
3. One mural is allowed per building [There are two murals; one is along the eastern facade and one
along the northern facade].
4. The mural cannot exceed 200 square feet unless specifically approved by the CRA Board [The mural
on the eastern facade is approximately 4,898 square feet, and the mural on the northern facade is
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09/10/2024
approximately 2,652 square feet; neither has been reviewed and approved by the CRA].
Accordingly, without further Board action or direction, the developer will need to comply with the approved SDP
and/or building permit by replacing the floral motif mural with an approved architectural feature before the building
is granted a certificate of occupancy. Ensuring this is done may require the County Attorney, working with staff, to
take legal action as necessary, including filing a lawsuit or code enforcement case.
FISCAL IMPACT: There is no specific fiscal impact to the County with this approval.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for the Board's approval. -JAK
RECOMMENDATION: To direct the County Attorney, working with staff, to take legal action, as necessary,
including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples building to
ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis Boulevard and
Tamiami Trail East, within the Bayshore/Gateway Triangle CRA.
Prepared by: Amy Patterson, County Manager and Jeffrey A. Klatzkow, County Attorney.
ATTACHMENT(S)
1. Attachment A - Ascent Naples SDP Approved Architectural Plan(PDF)
2. Attachment B - Ascent Naples Artist Rendering and Mural Specs(PDF)
3. Attachment C - Ascent Naples Building Permit Architectural Plan (PDF)
Packet Pg. 53
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: I LB
Doc ID: 29738
Item Summary: Recommendation to direct the County Attorney, working with staff, to take legal action, as
necessary, including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples
building to ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis
Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA. (Amy Patterson, County Manager
and Jeffrey A. Klatzkow, County Attorney)
Meeting Date: 09/10/2024
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
08/16/2024 3:02 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
08/16/2024 3:02 PM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/04/2024 2:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/04/2024 3:05 PM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 09/04/2024 3:27 PM
County Manager's Office
Board of County Commissioners
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 09/04/2024 3:28 PM
09/10/2024 9:00 AM
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