Hall Ex Parte Items - Commissioner Chris Hall
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 10, 2024
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC HEARINGS
9.B *** This item is to be heard no sooner than 10 AM. *** *** This item has been
continued from the November 12, 2024, BCC Meeting *** This item requires that
Commission members provide ex-parte disclosure. Should a hearing be held
on this item, all participants are required to be sworn in. Recommendation to
approve an ordinance amending the Marco Shores/Fiddler's Creek Planned Unit
Development ordinances to increase the number of dwelling units from 6,000 to
6,750 by adding 750 multi-family units with some affordable housing to Section
29; increase the residential development area, decrease park and reconfigure
preserve acreage in Section 29; and to add adult congregate living facilities as
a land use to the Residential district and the Business district among other
PUD changes. The subject property, consisting of 3932+/- acres, is located east
of Collier Boulevard (CR 951) and south of Tamiami Trail East (US 41) in
Sections 11,13, 14, 15, 22, 23, and 24, Township 51 South, Range 26 East and
Sections 18, 19, and 29, Township 51 South, Range 27 East, in Collier County,
Florida. (Companion to items 9A and 9C) (PL20210003112) (2024-1205)
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Ex Parte Items - Commissioner Chris Hall
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 10, 2024
9.0 *** This item is to be heard no sooner than 10 AM. *** *** This item has been
continued from the November 12, 2024, BCC Meeting *** This item requires that
ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation
to approve a Resolution amending Development Order 84-3, as amended, for
the Marco Shores/Fiddler's Creek Development of Regional Impact to add 750
multi-family dwelling units for a total of 6,750 single-family and multi-family
dwelling units; to limit the additional 750 multi-family dwelling units to Section
29 only and disallow them from the conversion formula; and revise the Master
Development Plan. The subject property, consisting of 3,932+/- acres, is
located east of Collier Boulevard (CR 951) and south of Tamiami Trail East (US
41) in Sections 11,13, 14, 15, 22, 23, and 24, Township 51 South, Range 26 East
and Sections 18, 19, and 29, Township 51 South, Range 27 East, in Collier
County, Florida. (Companion to items 9A and 9B) (PL20210003115 - DOA)
(2024-1602)
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9.F *** This item has been continued to the January 28, 2025, BCC Meeting*** This
item requires that ex-parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve a Resolution designating Plot N of the
Rosemary Cemetery as historically significant, pursuant to the
historic/archaeological preservation regulations as provided in Section
2.03.07.E of the Collier County Land Development Code. The subject property,
approximately .02± acres, is located in the southwest corner of Pine Ridge
Road and Goodlette Frank Road, in Section 15, Township 49 South, Range 25
East, Collier County, Florida, PL20240009511 (This is a companion to
PL20240009512) (2024-2011)
X NO DISCLOSURE FOR THIS ITEM
Ex Parte Items - Commissioner Chris Hall
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 10, 2024
9.G *** This item has been continued to the January 28, 2025, BCC Meeting *** This
item requires that ex-parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve a Resolution designating Plot W of the
Rosemary Cemetery as historically significant, pursuant to the
historic/archaeological preservation regulations as provided in Section
2.03.07.E of the Collier County Land Development Code. The subject property,
approximately .04± acres, is located south of Pine Ridge Road, approximately
592 feet east of US 41, in Section 15, Township 49 South, Range 25 East, Collier
County, Florida, PL20240009512. (This is a companion to PL20240009511)
(2024-1957)
X NO DISCLOSURE FOR THIS ITEM
CONSENT AGENDA
16.A.8 This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to
be sworn in. Recommendation to approve for recording the minor plat of
Cuomo Subdivision, Application Number PL20240004831. (2024-1852)
K NO DISCLOSURE FOR THIS ITEM
16.A.9 This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to
be sworn in. Recommendation to approve for recording the plat of Esplanade
By The Islands - Phase 4 (Application Number PL20240006275) approval of the
standard form Construction and Maintenance Agreement and approval of the
performance security in the amount of$4,220,586.70. (2024-1924)
X NO DISCLOSURE FOR THIS ITEM
Ex Parte Items - Commissioner Chris Hall
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
December 10, 2024
SUMMARY AGENDA
17.B This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to
be sworn in. Recommendation to approve an Ordinance changing the zoning
classification from Residential Multi-family-16 (RMF-16) to the Palm River
Corporate Housing RPUD to allow up to 41 multi-family rental dwelling units or
41 transitional corporate housing rental dwelling units on 2.06 acres of
property located on the east side of Palm River Boulevard at Viking Way, in
Section 23, Township 48 South, Range 25 East, Collier County, Florida.
(Companion to items 17A and 17C) (2024-1624)
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17.D This item requires that Commission members provide ex-parte disclosure.
Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve Petition VAC-PL20220004451 and adopt a
resolution to disclaim, renounce, and vacate the County and the public interest
in a 60' x 391' portion of Hickory Wood Drive, depicted as a 60-foot right of way
easement labeled 5TH. AVE. N.W. between Lots 11 and 12, Golden Gate
Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records
of Collier County, Florida, located approximately one-half mile south of
Vanderbilt Beach Road, in Section 4, Township 49 South, Range 26 East, Collier
County, Florida and to accept Petitioner's grant of additional right-of-way to
replace the vacated road easement. (2024-1980)
®Meetings I (Correspondence e-mails Calls
All information has been filed electronically.
1
Louise Jarvis
Subject:Call w/Commissioner Hall re: Section 29 & Palm River
Location:Dial: 239-280-5280 Code: 0116456#
Start:Mon 12/2/2024 9:00 AM
End:Mon 12/2/2024 9:30 AM
Recurrence:(none)
Meeting Status:Accepted
Organizer:Richard Yovanovich
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****Discuss Fiddler’s Creek first
To: Commissioner
Re: Fiddler's Creek Petitions PL20210003111 (GMPA), 3112 (PUDA), 3115 (DRI)
I wish to state my strong objection to the Applicant's request for the rezoning of a portion of
Section 29, presently protected under 2 Conservation Covenants, from its current designation on
the County's land maps as PRESERVE/PARK, to an amended designation as multi -family
RESIDENTIAL. The proposed residential construction will consist of 8 to 12 multi -story
buildings totaling 750 multi -family dwelling units.
When considering my objection, please refer to Collier County Land Development Code,
1`0.0L.0('i entitled — Requirements for Amendments to the Official Zoniny, Atlas
which states "When pertaining to the rezoning of land, the report and recommendations of
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
• Subsection h:18 — "Such other factors, standards, or criteria that the Board of
County Commissioners shall deem important in the protection of the public
health, safety, and welfare':
The CCPC heard expert testimony at the hearings and determined that there is a high likelihood
that residents of the new complex would be at elevated risk during severe weather events. With
Florida's annual hurricane season, such risk would be expected to occur with seasonal regularity.
Given that there is only one proposed means of ingress and egress, that being a roadway
approximately 1.5 miles in length that will cut through the Preserve, it is more than likely that a
future storm surge event will result in a catastrophic washout of this road. When that happens,
the protection of the public health, safety, and welfare for the residents of this complex will be
jeopardized in ways that are not hard to imagine. With emergency access cut off, there would be
no means of responding to residents who need an immediate fire, medical or police response.
Therefore the proposed applications do not comply with Section 10.02.08, Subsection F.18 and I
w•ge you to vote NU to the proposed rezoning of Section 29.
Cheryl Tracy
T 18018 Sandtrap Drive
Naples, Florida 34114
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From:Mary Aronin
To:Rick LoCastro; Burt Saunders; Chris Hall; Bill McDaniel; Dan Kowal
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Tuesday, December 10, 2024 12:18:07 AM
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County Commissioners,
I hope you will vote “no” on the proposed Fiddler’s Creek high rise that they want to build on land that should
remain set aside for wildlife. Fiddler’s promised to preserve and restore this parcel of land as part of their massive
development. They did not comply with the terms of their original county and Army Corps permits and should not
be granted this inappropriate development permission.
Please don’t let this bad idea move ahead.
Sincerely,
Mary Aronin
Collier County resident
Sent from my iPhone
From:kathy curatolo
To:Chris Hall; Dan Kowal; Burt Saunders; Rick LoCastro; Bill McDaniel; Amy Patterson
Subject:Affordable Housing Fiddlers Creek 111324
Date:Wednesday, November 13, 2024 12:06:49 PM
Attachments:personal ltr-aff. housing 111324.pdf
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Honorable Commissioners,
Please find attached letter of support for affordable housing in Fiddlers' Creek which I
understand will come before the BCC in early December for a vote.
Sincerely,
Kathy Curatolo
Resident in District 2
From:Jacqueline (Jackie) Francis
To:Dan Kowal
Subject:Dec 10th agenda - Objection to mid rise building/Preserve Land
Date:Monday, December 2, 2024 7:56:29 AM
Attachments:Objection Letter Section 29_Kowal.docx
Attachments.pdf
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Dear Mr. Kowal,
Please see the attached letter and supporting attachments. I am writing as a 25
year resident of Collier County who objects to multiple, high density, high end,
mid rise buildings being built on designated Preserve land.
Would appreciate your review of the attachment and confirmation of your
receipt. Thanks in advance.
Regards, Jackie Francis
Jacqueline Francis
239 398 6429 cell #
From:Maureen Bonness
To:Dan Kowal
Subject:deny Fiddlers Creek Section 29
Date:Sunday, December 8, 2024 2:21:07 PM
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Dear Commissioner Kowal,
I encourage you to deny petitions of the Fiddler’s Creek Section 29 development project.
As residents of Collier County, we rely on you, the BOCC, to uphold basic principles of the Growth Management
Plan. Our residential choices are based on this.
The Fiddler’s Creek Section 29 GMPA, with 750 multi-family housing at 15 units per acre, is blatantly incompatible
with its surrounding land uses which are either single family homes or preservation.
The Fiddler’s Creek Section 29 housing project, with a single access road via Auto Ranch Rd, imparts devastating
traffic impacts to residents of an otherwise low-traffic rural road.
Section 29 was designated as preserve and open space as part of prior development commitments for the greater
Fiddler’s Creek PUD in 1998. Section 29 has high conservation value for multiple federally endangered species.
Residential development was recognized as incompatible with Section 29 back in 1998, and it is certainly
incompatible in 2024.
Certainly, the county has a need for affordable housing. But affordable housing must have at least some semblance
of compatibility with the existing neighborhood, infrastructure, and environment. This project has none of those
compatibility attributes.
As a resident within the Neutral zone of the RFMUD, I am very concerned that this project sets a precedence of the
BOCC allowing incompatible developments that severely impact existing neighborhoods.
Respectfully,
Maureen Bonness
Rookery Ln
Naples, FL 34120
From:Bobbi Berglund
To:Dan Kowal
Subject:Fiddler’s Creek Residential Development Section 29
Date:Saturday, December 7, 2024 7:39:39 AM
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Dear Commissioner Kowal:
When I was growing up, my parents taught me two important lessons, when you make a
promise, you keep it and when you give your word you keep your word. It defines who you
are. Fiddler's Creek does not follow these rules. They propose to develop a 750-residence on
300 acres of preserved land, land they promised to preserve forever and restore. They have
done no restoration, as required by their previous permit, and now are proposing not to
preserve the land they were entrusted to save. This land is critical panther habitat and is also in
a high-risk flood zone, that does suffer from flooding. There should be no more development
in this area.
Thank you for your careful review of this inappropriate proposal and for vote to deny it.
Roberta Berglund
445 Cove Tower Dr. Apt 1403
Naples, FL 34110
Roberta Berglund
From readboulder@outlook.com
From:Barbara Evans
To:Dan Kowal
Subject:Fiddler’s Creek Section 29
Date:Tuesday, October 29, 2024 6:40:51 PM
Attachments:image001.png
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Dear Commissioner Kowal,
As the President and CEO of the Education Foundation of Collier County –
Champions For Learning, I’m writing to you to express my support for the proposed
multifamily residential community located within Fiddler’s Creek Section 29. Once
completed, I’m confident this project will add much-needed housing options that
are affordable for our growing workforce and for educators.
I was encouraged to hear that FCC Preserve has committed to reserving 225 units
for workforce housing. Half of those units will be reserved for households making up
to 80% of the area median income (AMI), while the remaining will be for those
making up to 100% of AMI. This commitment shows the developer understands the
critical need for housing that is affordable to the essential workers, such as first
responders, teachers and nurses, in our community.
Education is in a state of crisis. Recruitment and retention of teachers remains a
serious struggle for the state of Florida, reaching record breaking levels, according
to the Florida Education Association. Affordable housing has become a growing
concern for Collier’s educators. It is an issue that no longer only impacts people
who are living in poverty. Many working individuals and families are struggling to
locate and secure opportunities for affordable housing due to rising rent and home
prices, higher utilities expenses, and increasing mortgage rates. The Florida
Department of Economic Opportunity states that 61.4% of Collier workers cannot
afford even a one-bedroom apartment in Collier County.
Awareness of the lack of affordable housing in Collier County for our educators
began to surface back in 2017, when the Urban Land Institute reported that
educators had been priced out of the local housing market. Unfortunately, the
situation has only grown worse over the past seven years and exasperated by
unprecedented disasters like the Coronavirus pandemic and Hurricane Ian.
Because our educators face unique challenges regarding the high cost of living
and lack of affordable housing, our students, educators and our community
struggles.
Furthermore, Fiddler’s Creek has an excellent reputation in Southwest Florida and
has taken great care to create high quality communities that prioritize nature. In
fact, two-thirds of Fiddler’s Creek is dedicated to nature preserves.
I strongly encourage you to approve the proposed multifamily community located
within Fiddler’s Creek Section 29. I am confident that this project will increase the
number of affordable units for our workforce and educators, now and for years to
come.
Thank you,
Barbara Evans
To serve as a catalyst for educational success by investing in Collier’s students and
educators.
Make a contribution today!
Barbara Evans, CFRE
President and CEO
3606 Enterprise Avenue, #150
Naples, FL 34104
Direct: 239-687-1378
Office:239-643-4755
Fax:239-643-4799
BEvans@ChampionsForLearning.org
www.ChampionsForLearning.org
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From:awch@startmail.com
To:Sarina Francis
Subject:Fiddler"s Creek
Date:Saturday, December 7, 2024 4:55:35 AM
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Hi Sarina - I understand that Fiddler's Creek is trying to development some property
that they said they would
not develop ever. I hope Commissioner Kowal will not approve such a development.
Best,
Hans Johnson
154 Versailles Circle.
From:John Erario
To:Dan Kowal
Cc:Sue Caglioti; Sarina Francis
Subject:Fiddler"s Creek / Section 29 rezoning -- follow-up to our 10/29/24 meeting
Date:Friday, November 22, 2024 9:24:31 AM
Attachments:USFWS Ltr to Tim Hall - Management Reports 110124.pdf
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Good morning Dan. Sue and I want to thank you for having us come to your office a few
weeks ago to discuss the Fiddler's Creek rezoning application of Section 29 for a 750-unit
multi-family apartment complex. With the additional time resulting from the BCC hearing
date change from Nov 12th to Dec 10th, we would like to invite you to come to our home in
the Royal Palm Golf Estates where we can look directly into the subject property. We live
alongside and adjacent to Section 29 separated from the land parcel by the approx. 100-ft wide
Lake 25 spreader canal. We think that viewing the parcel from this unique vantage point can
add perspective to how and why this location does not make sense for a housing project of any
kind whatsoever.
Additionally, we would like to discuss with you new information we have received (see
attached) from the USFWS indicating that Fiddler's Creek has once again likely not complied
with the terms & conditions of their 2017 USACE permit, the related Biological Opinion, and
the 2022 Conservation Covenants, and now faces a 2nd non-compliance sanction. Notably,
the Covenants themselves were created to remedy their first non-compliance.
Would you be able to put aside time for a short meeting here during the week of December
2nd to Dec 6th? If so, please let us know what day and time would be most convenient.
We wish you a Happy Thanksgiving and look forward to hearing back from you soon.
Respectfully,
John & Sue
John Erario c 917.612.8117
Sue Caglioti c 518.231.8030
18481 Royal Hammock Blvd
Naples, FL 34114
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From:Michael Puchalla
To:Dan Kowal
Subject:Fiddler"s Creek discussion
Date:Wednesday, December 4, 2024 1:19:55 PM
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Good afternoon, Commissioner.
I am writing to support the proposed multifamily community in Fiddler’s Creek to be discussed at the
December 10 Board of County Commissioner’s meeting. Our HUD-approved housing counseling
agency affiliate, HELP, offers a Housing Navigator Program to assist members of our community with
finding suitable housing. We collaborate with a number of our major employers including NCH,
Collier County Public Schools, Moorings Park, David Lawrence Center, and the County itself. Our
first step is to determine the affordability level of each individual or household by reviewing the gross
household income and credit or debt-to-income concerns. We continue to find that many of our
program participants are housing cost-burdened due to current market-rate rents. We believe there
is a continued need for income-restricted units in our community. This particular development will
provide an additional 225 units that are capped at either 80% or 100% of the Area Median Income
with associated rent limitations. Our agency stands at the ready to assist in income-certifying and
referring members of our local workforce who would benefit from this development.
Regards,
Michael Puchalla
CEO/Executive Director
The Housing Alliance, Inc.
3200 Bailey Lane Ste 109
Naples, FL 34105
(239) 434-2397 Ext. 205 Fax: 888-900-8063
www.thehousingalliance.org
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From:Mara Robinson
To:Rick LoCastro; Burt Saunders; Chris Hall; Bill McDaniel; Dan Kowal
Subject:Fiddler"s Creek Petitions PL 20210003111 (GMP), 3112 (PIDA), 3115 (DRI)
Date:Saturday, October 26, 2024 9:20:34 PM
Attachments:smime.p7s
ATT00001.txt
ATT00002.htm
Greetings Commissioners:
As a resident of Royal Palm Golf Estates (RPGE) which is directly north of Section 29, I am writing to voice my
strong objection to Fiddler’s Creek application to rezone Section 29. Please reference my letters of objection on the
rezoning sent to the Planning Commissioners, in addition to the points below.
I am experienced with county level governance having worked for 12 years staffing a full-time county commissioner
in a major metropolitan area in another state. It was disconcerting listening to the Fiddler’s Creek attorney and
experts present during the three days of Planning Commission hearings on their Section 29 rezoning application.
Their presentation was voluminous but lacking substance.
Fiddler’s Creek's presentation also exposed their lack of perspective of future residents in these apartments,
disregard for the Auto Ranch Road residents, disregard for the realities of “workforce” citizens they believe will live
in these apartments, disregard of the sensitive soil/drainage and animals in Section 29, lack of concern for safety
with only one road in/out, obfuscating details including their past commitment to record documents regarding the
maintenance of Section 29 and its protected status, disregard for violating numerous Collier County Land Codes
with this application, and little concern for RPGE residents and our drainage. In my experience, a presentation and
perspective of this caliber would never have been put forth to commissioners for consideration or for the public to
hear. It was a disingenuous presentation which is disrespectful to the commissioners and does not benefit the public
good.
Fiddler’s Creek included expensive upgrades to rural Auto Ranch Road exposing desperation to get these
apartments built. This is a huge red flag. The “affordable” or “workforce” housing component will likely not
materialize if there is no penalty should those affordable units disappear or occupants cannot be found for those
units due to high rent in order to cover the excessive expenses now becoming part of the deal Fiddler’s Creek is
offering Collier County. Fiddler’s Creek is finding ways to covertly obtain what they originally set out to get
bringing the most benefit to them—luxury apartments in Section 29 to anchor more development between Section
29 and their original campus.
RPGE cannot accommodate any direct or indirect negative effects of poor use or maintenance of Section 29
especially with regard to water management. Fiddler’s Creek has not yet maintained the portion of Section 29 as
was required of them decades ago. Having a “professionally engineered” road through Section 29 is no assurance of
permanent, problem-free results and likely will negatively affect RPGE and be our cost to remediate.
Section 29 is not suited nor was intended for residential use.
I urge you to vote NO on the Fiddler’s Creek rezoning application of Section 29.
Thank you for your time and service to the constituents of Collier County!
Respectfully,
Mara Robinson
18630 Royal Hammock Blvd.
Naples, FL 34114
From:Christine Koren
To:Dan Kowal
Subject:Fiddler"s Creek Proposal for Section 29 Preserve
Date:Friday, October 18, 2024 7:38:37 AM
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Dear Commissioner Kowal:
I am the Co-Chairman and a Director on the HOA for Royal Palm Golf Estates (RPGE). I I am
respectfully requesting an appointment to come in and meet with you to discuss our reasons
why our community, Royal Palm Golf Estates, and surrounding communities, vehemently
oppose the Fiddler's Creek proposal to rezone Section 29 Preserve for 750 apartments.
As you may be aware, it took 3 days to conclude legal arguments, cross-examination, expert
testimony and public comment during the Planning Commission hearing on this matter. This
is a complex case and there was an enormous amount of information presented and discussed.
We do not believe it will be possible to adequately present the facts of the matter via public
comment alone. Therefore, we feel that it is both reasonable and prudent for us to have the
opportunity to meet and provide you with critical background information that draws from our
2 and 1/2 years of research.
Can you please have your assistant contact me with an appointment. I can be reached by
phone (860) 280-8334 or by email ckoren18553@gmail.com.
Thank you.
Respectfully, Christine Koren
From:Christine Koren
To:Dan Kowal
Subject:Fiddler"s Creek Public Hearing for Nov. 12th
Date:Friday, November 1, 2024 2:19:21 PM
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November 1, 2024
Re: Fiddler’s Creek Applications PL20210003111; PL20210003112;PL20210003115
Dear Collier County Board of Commissioners:
For the last two and a half years now, residents of Royal Palm Golf Estates and the “Save The
Preserve Committee” of which I am Co-Chair and also a member of the Board of Directors for Royal
Palm Golf Estates, have voiced their opposition against the proposal by Fiddler's Creek for a Zone
change to Area 29. Our Committee met with Commissioner LoCastro at my house the summer of
2022 when this matter first came before us. In the months and years to follow, we also met with
Planning Commissioner Chairman Fryer, the Growth Management Staff and County Planners, Naples
Mayor and State Representative Mario Diaz-Blart in addition to Wildlife Organizations and Audubon
Society, Army Corps of Engineers, US Fish & Wildlife, and Collier County Stormwater staff where we
voiced our concerns about storm surge after experiencing it after Hurricane Ian. Auto Ranch
Road which will be the only ingress and egress from their proposed development was totally
underwater during Hurricane Ian and residents had to resort to boats and canoes to move around
their neighborhood.
We have held numerous meetings with our community to inform residents of the atrocities being
planned by Fiddler's Creek within our beautiful Preserve. Many new residents are currently building
along the East/West Spreader Canal directly across where Fiddler's is planning a new
roadway and apartment buildings. They were told by Collier County staff that Area 29 is a Preserve
and no buildings could be constructed within it. The Preserve is host to a short hydroperiod wetland
soils which are very valuable and rare in southwest Florida and protects Royal Palm Golf
Estates from dangerous storm surge.
I am not going to reiterate all the things that are wrong with the Fiddler’s applications. The Planning
staff has worked on this for over two years and is quite aware of the planning issues which Fiddler's
cannot comply with, along with being unable to adhere to the Land Code. We have uncovered
numerous documents prohibiting building within Section 29 which should make this application
moot. The minutes of the Board of County Commissioners in 1998 stating this land will always
remain as a Preserve and no construction will be built, and the ruling by U.S. Fish & Wildlife placing
Area 29 in a Conservation Easement in Perpetuity. Despite Fiddler’s attempts to reopen the
Biological Agreement, Fish & Wildlife have issued a statement that that the Agreement stands as
written, and no building shall commence within the Preserve known as Section 29.
Fiddler’s bargained Section 29 away as remedial land for their Oyster Harbor and Estancia building
projects. Now Fiddler’s wants to go back on their agreements. They knew they were required to
record a Conservation Easement within 90 days of breaking ground on their Oyster Harbor/Estancia
projects, but deliberately kept putting it off until my Committee discovered it was never recorded.
Title XXIX Chapter 403 of the Florida State Statutes states a citizen of the State of Florida may
maintain an action for relief if, "...Any governmental agency or authority charged by law with the duty
of enforcing laws, rules and regulations for the protection of the air, water and other natural
resources of the State shall compel such governmental authority to enforce such laws, rules and
regulations. Any person natural or corporate or governmental agency shall enjoin such persons or
authorities from violating any laws, rules or regulations for the protection of the air, water and
other natural resources of the State of Florida."
Also, under the "Clean Hands Doctrine" which states that anyone who comes into equity must
come with "clean hands". This Doctrine requires courts to deny equitable relief to a party who has
violated good faith with respect to the subject of the claim". In this application, Fiddler's was
required to record a conservation easement under the US Fish & Wildlife 2017 Biological
Agreement. They blatantly ignored their requirements under the agreement and are now looking for
equitable relief by requesting a zone change to this land. Fiddler's has "Dirty Hands" under this
Doctrine.
This application has become a matter of what is morally, the correct thing to do. We are not against
progress, or housing requirements, but we are against the deceptive practices which Fiddler's has
done in an attempt to get their Zone change application approved. Every person and agencies local,
Federal or State that is charged with working on the approval process in Collier County will have no
relevance or meaning if we continue to give developers a "green light" who are blatantly in violation of
the process. By approving FCC's zone change application we are approving a process which is
dangerously flawed and morally WRONG! Every decision by local and federal agencies on Fiddler's
past agreements will have no meaning. So why should we continue with the charade? We are
wasting Collier County staff's valuable time and expending taxpayers dollars only to cater to the
deceptive practices of a million dollar developer who can, and does, violate past promises and
agreements.
Sincerely,
Christine Koren, Chairperson
"Save the Preserve" Committee
From:Susan Knox
To:Rick LoCastro; Chris Hall; Burt Saunders; Dan Kowal; Bill McDaniel
Subject:Fiddlers Creek rezoning in prime panther habitat
Date:Saturday, October 19, 2024 12:14:23 PM
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caution when opening attachments or clicking links.
Dear Commissioners,
Do NOT allow Fiddlers Creek to rezone and build on 50 acres of critical panther habitat. They are an endangered
species and this corridor is essential to their well being.
Frankly, I am appalled that this rezoning is even being considered.
Sincerely,
Susan Knox
1779 Wavecrest Ct.
Marco Island, FL
Sent from my iPad
From:SchmittJoseph
To:Dan Kowal
Subject:Fiddler"s Creek Rezoning Request
Date:Friday, October 18, 2024 1:11:08 PM
Attachments:My observations following Sec 29 the public hearings.docx
Commissioner Kowal
RE: Fiddler’s Creek Section 29 Growth Management Plan Amendment (“GMPA”) & Fiddler’s
Creek Planned Unit Development Amendment (“PUDA”)
As your At-Large Environmental Chair on the Collier County Planning Commission, I believe it is
important to share my attached thoughts following the recent three-day hearing concerning
the rezoning petition for Section 29 in Fiddler’s Creek. I am neither an advocate or an
opponent of this zoning request. I am merely attempting to clarify the significant confusion
that arose between my fellow Planning Commissioners and the misinformation presented by
the public speakers and by the opposing attorney during the three days of hearings.
Please note that due to my past involvement with the developer, Gulf Bay/Fiddler’s Creek,
where the firm that I am associated with, Dawson & Associates, LLC, provided Federal
Permitting environmental consultant services, I chose to recuse myself from participating in
the public hearings and in voting on the petitions. I did participate briefly to ensure that my
fellow Planning Commissioners understood the process and procedures related to the Federal
Permitting process specifically related to the provisions of Section 404 of the Clean Water Act
and Section 7 of the Endangered Species Act, regarding preserves as required by the county as
part of the development process and preservation requirements regarding compensation and
mitigation for impacts to identified endangered species; however, it is clear that after
reviewing the tapes of the hearings that there was still a lot of confusion and misinformation
between all parties involved.
I am available anytime between now and 3 November if wish to discuss this either by phone or
during a scheduled office call.
Joe
Joseph K. Schmitt
Colonel (Ret), US Army Corps of Engineers
At-Large Environmental Chair, Collier County Planning Commission
Cell: 239-248-4931
Home: 239-417-9147
jschmitt@comcast.net
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From:Isabel Melvin
To:Rick LoCastro; Chris Hall; Burt Saunders; Rick LoCastro; Dan Kowal; Bill McDaniel
Subject:Fiddlers Creek Section 29 Development
Date:Sunday, December 8, 2024 1:21:18 PM
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caution when opening attachments or clicking links.
Dear Commissioners,
Thank you for representing me as a commissioner of Collier County.
Please deny Fiddlers Creek Section 29 Development.
Fiddlers Creek developers have have gone back on their word to preserve Section 29 in perpetuity.
In addition, Fiddlers Creek are not good stewards of the land they have. Please advocate preservation, protection
and maintenance of what we have left of open space in Collier County for wildlife and the clean air and welfare of
residents.
Yours,
Isabel Melvin
411 Sixth St South
#203
Naples
6103069216
Sent from my iPhone
From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION (ADEQUATE FACILITIES)
Date:Wednesday, December 4, 2024 9:18:08 AM
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and use extreme caution when opening attachments or clicking links.
Good morning Mr. Kowal. I wish to state my strong objection to the Applicant’s request for
the rezoning of a portion of Section 29, presently protected under 2 Conservation Covenants,
from its current designation on the County’s land maps as PRESERVE/PARK, to an amended
designation as multi-family RESIDENTIAL. The proposed residential construction will
consist of 8 to 12 multi-story buildings totaling 750 multi-family dwelling units.
When considering my objection, please refer to Collier County Land Development Code,
Section 10.02.08 entitled – Requirements for Amendments to the Official Zoning Atlas
which states “When pertaining to the rezoning of land, the report and recommendations
of 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”:
• Subsection F.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”.
I hope we can agree that under certain conditions, approval of this rezoning and the ensuing
proposed construction would create an enormously deleterious impact on response times for
police and emergency service calls. The complex will be located within FEMA’s 2024 Flood
Zone “A” and reachable only via a single ingress/egress covering approximately 3 miles of 2-
lane roadway that has been historically severely exposed to storm surge and hurricane
flooding. In the likely event that Section 29 floods in one of these events, obvious
insurmountable challenges will result for non-driving residents of this isolated community
who will typically rely on public transit or rideshare for shopping, medical services, and the
like. Such transportation options as these either do not currently exist or would be ineffectual
in emergency conditions.
Additionally, the timely response to a fire alarm in this proposed isolated community, given its
extreme susceptibility to flooding, would be all but impossible under emergency conditions.
The impact of this dense residential development on public safety, and the strain it would
place on the current effectiveness of emergency service responses, would be inconsistent with
the level of service described in the Collier County Growth Management Plan.
Therefore, if you agree that the proposed rezoning does not comply with the availability of
adequate facilities consistent with the levels of service adopted in the Collier County Growth
Management Plan as described in Section 10.02.08, Subsection F.17, you must strongly
consider voting NO to the petitioner’s request to rezone.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION LETTER ATTACHED (CCPC Hearing M. Bosi Testimony)
Date:Tuesday, December 3, 2024 10:48:57 AM
Attachments:BCC Kowal Letter of Objection-CCPC Bosi If Not for AH.pdf
CCPC Meeting Transcript 04182024 - Bosi excerpt p 83.pdf
CCPC Meeting Transcript 05022024 - Bosi excerpt p 34.pdf
CCPC Meeting Transcript 07182024 - Shea excerpt p 60.pdf
CCPC Meeting Transcript 07182024 - Fryer excerpt p 63-66.pdf
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and use extreme caution when opening attachments or clicking links.
Good morning Mr. Kowal. I am a resident of Royal Palm Golf Estates and I object to the
Fiddler's Creek petition to rezone Section 29 for a dense 750-unit multi-family apartment
complex.
On July 18th 2024 the Collier County Planning Commission voted unanimously to
recommend denial of Section 29 rezoning. Included in the testimony are a number of key
questions posed to Mike Bosi (Growth Management Zoning Division Director) and his
responses. Among them are the following:
CHAIRMAN FRYER: "And so I'm going to ask Mr. Bosi, please, to tell us, if this project did
not contain affordable housing, on what grounds you would -- or staff would have
disapproved it"?
MR. BOSI: "The request to amend the Growth Management Plan has been associated with
what is the public benefit that's being provided for with the -- with the requested GMP
amendment. And without the affordable housing, staff would struggle to find what the
appropriate benefit was being provided by the applicant who's asking to deviate from what the
current Growth Management Plan would be -- or would allow. So without that public benefit,
staff would have -- would struggle to find rationale and justification for the approval".
During the April 18th hearing, Commissioner Shea (who sits on the Affordable Housing
Advisory Committee) asked Mr. Bosi "So if there was no affordable housing with this,
would you approve the project?" Mr Bosi replied "No, we would not support it".
Please find attached key CCPC hearing excerpts involving Mr. Bosi's CCPC testimony as well
as my letter of objection. Given the indisputably clear position statements from the Planning
Director, it is beyond question that the project has no merit on its own, but for the Affordable
Housing component. On December 10th, please follow the lead of your Planning Director and
vote NO to the rezoning of Section 29.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION LETTER ATTACHED (LISTED SPECIES PROTECTION)
Date:Monday, December 2, 2024 10:33:15 AM
Attachments:BCC Kowal Letter of Objection-Listed Species Protection.pdf
USFWS Ltr to Tim Hall - Modification Inability Letter 030624.pdf
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and use extreme caution when opening attachments or clicking links.
Good morning Mr. Kowal. I am a resident of Royal Palm Golf Estates and I object to the
Fiddler's Creek petition to rezone Section 29 for a dense 750-unit multi-family apartment
complex.
The protection of Listed Species is categorically addressed in the Land Development Code.
With specific reference to this applicant and this rezoning petition, there are several
compelling reasons for giving close consideration to the crystal clear guidelines written into
LDC when it comes to federal and state permitting requirements regarding Listed Species
protection.
There can be no debate regarding the Listed Species designation assigned to Section 29. The
2017 USACE Permit and Biological Opinion instructed the applicant to place Section 29 (and
Section 19) into a conservation easement specifically to mitigate the loss of Listed Species
habitat in the Oyster Harbor/Estancia construction footprint. In the attached letter to Tim Hall
(the applicant's environmental consultant) from the USFWS, we have indisputable evidence
that the federal permit issuer has reiterated both the environmental value and the Listed
Species importance of Section 29. I propose that this letter comes from an indisputable expert
in the field, and should be used as a foundation for ensuring that Objective 7.1.4 is strictly
enforced.
I ask that you consider the importance of upholding Objective 7.1.4 and cast a NO vote to this
rezoning application on December 10th.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
Virus-free.www.avg.com
From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION LETTER ATTACHED (PERMITTED USES)
Date:Friday, November 29, 2024 9:12:27 AM
Attachments:BCC Kowal Letter of Objection-Permitted Uses.pdf
Turrell Hall Nov 2016 - Offsite Preserve Mgmt Plan - Estancia & Oyster Harbor - with highlights.pdf
CONSERVATION COVENANT 2022 - PORTION OF SEC 19 & 29 6325433.pdf
CONSERVATION COVENANT 2022 - PORTION OF SEC 29 6853689.pdf
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and use extreme caution when opening attachments or clicking links.
Good morning Mr. Kowal. I am a resident of Royal Palm Golf Estates and I object to the
Fiddler's Creek petition to rezone Section 29 for a dense 750-unit multi-family apartment
complex.
When considering the merits of this application, I would request that you review the present
currently approved permitted uses on Section 29, with particular attention to both why these
permitted uses exist and why the property should continue to be used in accordance with those
uses.
The existing restrictions were created across the span of many years and have been regularly
reinforced, most recently in the 2016 Turrell Hall Offsite Preserve Management Plan
(attached), the 2018 Fiddler's Creek Master Plan, and the 2022 Conservation Covenants
(attached). A summary of these concerns is presented in my attached letter of objection.
I ask that you consider the importance of upholding these longstanding permitted uses and
vote NO to this rezoning application on December 10th.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
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From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION LETTER ATTACHED (SAFETY)
Date:Wednesday, November 27, 2024 12:14:30 PM
Attachments:BCC Kowal Letter of Objection-Health Safety Welfare.pdf
Trescott - Hurricane Storm Surge & Evac Impact Analysis 041724.pdf
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and use extreme caution when opening attachments or clicking links.
Good morning Mr. Kowal. I am a resident of Royal Palm Golf Estates and I object to the
Fiddler's Creek petition to rezone Section 29 for a dense 750-unit multi-family apartment
complex.
There are considerable safety and public welfare issues that come into play with the rezoning
of Section 29 for dense residential construction. Dan Trescott, an expert in Land and Urban
Planning, created a thorough report covering many of the items of concern. His report is
attached along with my letter of objection (also attached).
Please consider these important safety concerns and vote NO to this rezoning application on
December 10th.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
Virus-free.www.avg.com
From:John Erario
To:Dan Kowal; Sarina Francis
Subject:Fiddler"s Creek Section 29 rezoning - OBJECTION LETTER ATTACHED (TRAFFIC)
Date:Tuesday, November 26, 2024 2:54:29 PM
Attachments:BCC Kowal Letter of Objection-Traffic.pdf
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and use extreme caution when opening attachments or clicking links.
Good afternoon Mr. Kowal. I am a resident of Royal Palm Golf Estates and I object to the
Fiddler's Creek petition to rezone Section 29 for a dense 750-unit multi-family apartment
complex. In particular I wish to bring to your attention a myriad number of traffic
considerations outlined in the attached letter.
Please consider casting a strong NO vote on December 10th.
Respectfully,
John Erario
John Erario c 917.612.8117
18481 Royal Hammock Blvd
Naples, FL 34114
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From:Allie Ellis
To:Burt Saunders; Chris Hall; Dan Kowal; Rick LoCastro; Bill McDaniel
Cc:Allie Ellis
Subject:Fiddler"s Creek vote Tuesday Nov 12th
Date:Friday, November 8, 2024 8:59:24 AM
Importance:High
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and use extreme caution when opening attachments or clicking links.
Dear Commissioners:
Please vote NO on Tuesday November 12th and do not allow Fiddler’s Creek to build the 750 Luxury
Apartments on federally required Florida Panther Preserve Lands.
We should stop building near important preserve areas. We need to protect the Florida Wildlife
Corridor and flowways.
This proposal along with Rural Lands West, Bellmar Development and Kingston (Lee County) all add
threats to the Camp Keais Strand flowway and the wildlife corridor. Once we lose these lands we
will lose the spaces that humanity and wildlife need! These areas make Collier County unique.
Please for once say no to bad development. Thank you.
Sincerely,
Alexandra Ellis (“Allie”)
210 Riverwood Road
Naples FL 34114
Email: allie1750@hotmail.com
Telephone 239-775-1750
From:Michael Pozsar
To:Chris Hall; Burt Saunders; Dan Kowal; Bill McDaniel
Subject:FW: December 10, 2024 - Collier County Commissioners Meeting - Fiddlers Creek Proposed Plan
Date:Wednesday, November 27, 2024 8:41:36 PM
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and use extreme caution when opening attachments or clicking links.
Dear Collier County Commissioners –
Please find below an email I sent to Mr. LoCastro on November 26th regarding your upcoming
meeting on December 10th where the Fiddlers Creek Developer is scheduled solicit your approval of
his Proposed Plan to replace the Existing Plan (dated April 2018). In Mr. LoCastro’s response, he
informed me that all of you will be voting on this matter which I is why I feel compelled to write to you.
I am against the Developer’s Proposed Plan for a number of reasons which I highlighted below. My
opinion in this matter is consistent with most (if not all) of the residents of Marsh Cove Community
within Fiddlers Creek. The Developer’s Proposed Plan provides no upside to the existing residents of
Marsh Cove and only downside. I kindly request that you reject the Developer’s Proposed Plan. The
Developer’s self-interest is in direct conflict with the best interests of your resident homeowners and
constituents. I would greatly appreciate it if you would review my below email prior to your December
10th meeting.
Thank you for your time and consideration.
Michael Pozsar
3106 Malaga Ln
From: Michael Pozsar
Sent: Tuesday, November 26, 2024 3:03 PM
To: Rick.LoCastro@colliercountyfl.gov
Subject: December 10, 2024 - Collier County Commissioners Meeting - Fiddlers Creek Proposed Plan
Dear Mr. LoCastro –
I am writing you, my elected representative in Collier County, to request that you reject the
Proposed Plan by the developer of Fiddlers Creek at the Collier County Commissioners
meeting scheduled for December 10. The Developer’s Proposed Plan to significantly increase
the number of homes and vehicle traffic negatively impacts the well-being of the current
residents of Fiddlers Creek. I assure you that the Developer’s proposal is widely rejected by the
residents of Fiddlers Creek and more specifically Marsh Cove. Let me outline some of my
concerns:
False Advertising: Many residents purchased / built new homes in this area based on
the Existing Master Plan approved in April 2018. Making significant changes to the
Existing Master Plan after Marsh Cove has been fully developed is similar to false
advertising and is frankly unethical. Many of purchased / built our retirement dream
homes in Marsh Cove based on the Existing Plan and not the Proposed Plan because we
were looking for a quiet neighborhood surrounded by nature.
Infrastructure Under-Investment: The Developer has a well-earned reputation in
Fiddlers Creek for under-investing in infrastructure and amenities. While Fiddlers Creek
may appear aesthetically pleasing on the surface to the casual non-resident visitor, most
of the amenities (e.g., club house, gym facilities, tennis / pickleball courts, etc.) are
overcrowded. The Developer’s investment in amenities for Fiddlers Creek residents is
insufficient relative to the current number of residents. The addition of more residents
will further over-burden the existing amenities. My wife and I have already given up trying
to use any of the clubhouse amenities because of the inavailability of pickleball courts,
fitness classes, etc.
Bicyclists’ Safety on Marsh Drive: Another example of the Developer’s under-
investment in infrastructure is Marsh Drive (the main artery in Marsh Cove). The
Developer did not include any bike lanes on this street and made the street so narrow
that it is very unsafe for vehicles to pass bicyclists. It seems to me that the Developer
made the minimal “legally” required investment to meet Collier County planning rules in
order to maximize their financial return without regard to the interests of the future
homeowners of this active living community. This decision greatly increases the risk of
significant injury to bicyclists. When I voiced my concerns to the Marsh Cove HOA
Master (controlled by the Developer), the HOA’s (aka the Developer) reactionary
response was to change the speed limit signs from 35 mph to 25 mph and paint
ridiculous pedestrian/bicycle signs (see attached pic) on the sidewalk implying that
bicyclists should share the sidewalk with pedestrians and not drive on the street. This is
not a solution because the sidewalks can barely accommodate two pedestrians side-
by-side. Instead of “doing the right thing”, the HOA (Developer) took actions that are
construed to limit their legal liability if someone gets hurt and pursues litigation against
them.
Prohibit Construction Traffic on Marsh Drive: Since development of the Marsh
Cove community is completed, there is not supposed to be heavy construction vehicle
traffic on Marsh Drive. Last week, I observed four front-end loaders, one dump truck with
trailer and another construction tractor on Marsh Drive within a three-hour window.
These types of vehicles are supposed to use the construction roads and not use the
residential streets of Marsh Cove. I can only imagine that this scenario will get
significantly worse if/when the Developer receives approval to replace the Existing Plan
with the Proposed Plan. Then, the risk of a crash and significant injury involving a
bicyclist will increase exponentially. Imagine how you might feel or how one of your
retired parents might feel riding their bicycle on Marsh Drive being followed by one of
these over-sized and intimidating construction vehicles; they might become so nervous
that they would fall down and hurt themselves (just because the Developer was too
cheap / insensitive to the concerns of its residents.
Additional Ingress / Egress Required: As I mentioned earlier, the Proposed Plan
would significantly increase the traffic on Marsh Drive. It my understanding that the
Developer does not want to invest in the Ingress / Egress street (connection to US-41)
that is in the Existing Plan and is instead proposing that the Ingress/Egress route is via
Marsh Drive to Collier Blvd (in order to further reduce their investment in infrastructure?).
Please do not let this happen. If you and the other Commisioners, for whatever reason
decide to approve the Developer’s request against the wishes of your constituents,
please force the Developer to, at a minimum, invest an Ingress / Egress route to US-41
as per the Existing Plan thereby reducing the burden on Marsh Drive.
Taxation Without Representation: One of my final complaints is that the Marsh Cove
HOA Master is controlled by the Developer and has no resident representation. This is
akin to our colonial forefathers in Massachusetts who rebelled against Imperial Great
Britain with the slogan “no taxation without representation”. The homeowners residing in
the Marsh Cove Community pay an annual fee of approximately $2,000 to this Master
HOA controlled by the Developer but have no representation / influence over this Master
HOA. This is very “un-American” behavior and should be corrected. The Developer
should not be allowed to blatantly ignore / disregard its residents. As our duly elected
representative, you are the only one we can turn to for support.
While I could continue with my complaints against the Developer, I am confident that by now,
you have a clearer understanding of how many of your constituents in Fiddlers Creek feel about
the Developer’s Proposed Plan. Unfortunately, I cannot attend the Collier County
Commissioners meeting on December 10 due to previously scheduled family travel
commitments, but request that you take these points under consideration and reject the
Developer’s Proposed Plan. Thank you for your time and consideration as my elected
representative.
Respectfully submitted,
Michael Pozsar
3106 Malaga Ln
From:Christine Koren
To:Rick LoCastro; Chris Hall; Burt Saunders; Bill McDaniel; Dan Kowal
Subject:Fwd: Fiddler’s Creek “Pounces” on Section 29
Date:Friday, November 1, 2024 6:50:47 PM
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---------- Forwarded message ---------
From: Christine Koren <ckoren18553@gmail.com>
Date: Fri, Nov 1, 2024, 6:41ௗPM
Subject: Fiddler’s Creek “Pounces” on Section 29
To: Christine Koren <ckoren18553@gmail.com>
Fiddler’s Creek “Pounces” on Section 29
https://share.newsbreak.com/9mpojosx
From:John Robinson
To:Dan Kowal
Subject:NO to Fidler"s Creek Zoning Change for Section 29 on November 12th
Date:Thursday, October 24, 2024 3:46:18 PM
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To: Commissioner Dan Kowal
Re: Fiddler’s Creek Petitions PL20210003111 (GMPA), 3112 (PUDA), 3115 (DRI)
I wish to state my strong objection to the Applicant’s request for the rezoning of a
portion of
Section 29, presently protected under 2 Conservation Covenants, from its current
designation on
the County’s land maps as PRESERVE/PARK, to an amended designation as multi-
family
RESIDENTIAL.
When considering my objection, please refer to the Collier County Growth Management
Plan, Conservation and Coastal Management Element (CCME) Objective 7.1 which states
“Direct incompatible land uses away from listed animal species and their habitats” and
Objective 7.1.4 which states:
• Objective 7.1.4 –
“All development shall comply with applicable federal and state
permitting requirements regarding listed species protection”.
The proposed amendment indisputably violates Policy 7.1.4, which states that “All
development
shall comply with applicable federal and state permitting requirements regarding listed species
protection.” This land is required to be (and is) preserved in perpetuity under conservation
covenant required by the USACE and the USFWS for the purpose of listed species protection.
Approval of this proposed amendment will violate federal law.
Applicants who come to this County requesting a change to the Land Development Code must
be held to a standard of ethics and social responsibility commensurate with the large “ask”
they
bring to the table. Clearly, Fiddler’s Creek has demonstrated its failure to meet this threshold
on
a number of occasions.
Please vote to DENY the Fiddler’s Creek rezoning petitions.
Thank you,
Date: 10-24-2024
John F. Robinson MD
jfrob1101@gmail.com
Mobile: 612-751-9334
From:susan caglioti
To:Dan Kowal
Subject:Obection letter regarding Section 29, PL20210003111, PL20210003112 and PL20210003115
Date:Tuesday, December 3, 2024 2:12:26 PM
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Good Afternoon Chairman Kowal:
My name is Susan Caglioti, I live in Royal Palm Golf Estates. This is a letter of objection to
Fiddler's Creeks three applications regarding Section 29, PL20210003111, PL20210003112
and PL20210003115. .
Though I have several reasons for objecting to this development I will only address one here.
Please note that Section 29 was part of the 1998 Fiddler's Creek Addition of 1385 acres added
to the existing PUD. Fiddler's Creek came to the county in 1998 at a BCC hearing in February
of that year asking the county to allow the addition of 1385 acres to lower their density,
ensuring that hundreds of those acres would not be built on -- including Section 29 in its
entirety. In return for the addition of this large land parcel to their PUD, the applicant
promised to the citizens of this county that Section 29 would be taken out of the Land Use
Inventory. Section 29 was to serve as a buffer for the Collier Seminole State Park, as
protection to the State and conservation land around it, and very importantly as a hard line
drawn in the sand to Urban Sprawl. Please see below in bold several excerpts from the
February 24, 1998 BCC hearing which makes it extremely clear as to what Section 29 would
be then and would remain to be in the future.
EXCERPTS:
Mr. Varnadoe: As you heard Mr. Arnold say, the overall objective is to add 1,385 acres
to the existing Fiddler's Creek project without adding any
additional units. It is important to recognize the proposal is not to move the urban
boundary, but simply to add these 1,385 acres to the existing
master plan project without increasing the amount of commercial or the number of
units. The proposal today is to continue that trend of reducing the
density by adding land without units. By adding the 1,385 acres but no new units, the
density will go from 2.5 to 1.6 units an acre.
Mr. Varnadoe: It's an area that has development on three sides of it. The south side is,
of course, the state owned land. Sooner or later there's going to be a push to urbanize
this or bring it to the urban area. By adding this to this project today and not adding any
more units, you're taking that 1,385
acres out of, what I'll call, the land inventory for future development. You and I may not
be standing here or sitting there when this effort is made,
but it will be made. Today we are removing that acreage from that inventory and I think
that's a very important part and point, if you wish to try to control the number -- the
total number of units to be built in this county.
COMMISSIONER HANCOCK: ... there's a common statement that the urban
boundary will someday get moved and it's a shifting line, which is not what our plan
indicates, but as you point out, in this case, right now, there's no clear line in the sand in
this particular area. With this amendment, if it is approved today, that line becomes far
more clear to anyone in the future than it currently is?
DR. NELSON:
That is correct.
COMMISSIONER HANCOCK: And I think that's something that we need to consider,
because not to approve it would probably allow the waters to be muddied more so than
clarifying them, and I think for our public, clarifying that line is key to them. So I thank
you for that.
The above was agreed upon unanimously. Both sides under oath.
An argument we've heard is that this is an old agreement and is no longer relevant. However,
this goes against the very reason this amendment was agreed upon in the first place! That
being, that growth will happen in the future -- and when it does, this agreement will serve as a
hard line in the sand providing clear guidance to future lawmakers, as it surely should today
here and now.
What the petitioner is asking for was never intended to happen. Please vote to uphold the
clear directives that are memorialized in the1998 Ordinance and Minutes and vote NO to the
rezoning of Section 29.
Respectfully,
Susan Caglioti
Royal Palm Golf Estates
Protect The Preserve
From:Barry Fornoff
To:Rick LoCastro; Burt Saunders; Chris Hall; Bill McDaniel; Dan Kowal
Subject:Objection to Fiddler"s Creek Section 29 Rezoning Proposal Based on Endangered Species
Date:Friday, December 6, 2024 3:33:34 PM
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Our names are Barry & Jane Fornoff. We are residents of Collier
County and live in Royal Palm Golf Estates
We are very much in opposition to the Fiddler’s Creek Section 29
development and the applicant’s rezoning proposals going before the
BCC on 10 December 2024.
It is very well known that Section 29 has long been environmentally
and ecologically important for the protection of several endangered
species (panther, bonneted bat, and alligator), as well as for its
function as a hydro-period wetlands that protects properties to the
north (Royal Palm Golf estates) from storm surge flooding. Several
times over the years Fiddler’s Creek agreed to put this land into a
Conservation Easement due to its important properties. First, in
1998 (Fiddler’s Creek Addition) and again in 2017 (USACE/USFWS
Permit and Biological Opinion related to Oyster Harbor & Estancia
displacement of endangered species). In both cases the applicant
failed to meet their obligations.
The applicant remains out of compliance to this day with the terms
& conditions of Ordinance 98-13 to place 693 acres into a perpetual
conservation easement. Regarding their 2017 agreement, they flew
under the radar until 2022 when they were finally cited for non-
compliance with their USACE permit and were ordered to file
conservation covenants on Sections 19 and 29.
The importance of sheet flow of storm and surge waters through
Section 29 reaches far beyond the borders of this land parcel. It is
of intense importance to the health of the surrounding waters of
Rookery Bay, the Collier-Seminole State Forest, the McIlvane Marsh
Preserve, and the Royal Palm spreader canal (Lake 25). Additionally,
Section 29 is a home to several endangered / protected species.
Please DO NOT approve this development. Too much will be lost
and nothing truly gained.
We look forward to the 10 Dec 2024 meeting.
Thank You,
Barry & Jane Fornoff
4 Dec 2024
From:Barry Fornoff
To:Rick LoCastro; Burt Saunders; Chris Hall; Bill McDaniel; Dan Kowal
Subject:Objection to Fiddler"s Creek Section 29 Rezoning Proposal Based on CCPC Comments
Date:Wednesday, December 4, 2024 2:02:04 PM
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To: Commissioners LoCastro, Saunders, Hall, McDaniel, and Kowall
Re: Fiddler’s Creek Petitions PL20210003111 (GMPA), 3112 (PUDA),
3115 (DRI)
Our names are Barry & Jane Fornoff. We are residents of Collier
County and live in Royal Palm Golf Estates
Please accept this email as our strong objection to the Fiddler’s Creek
Section 29 rezoning proposals going before the BCC on 10 December
2024.
On 18 July 2024, the Collier County Planning Commission voted
unanimously to recommend denial of the Fiddler’s Creek petition to
rezone Section 29 for a 750-unit high-density residential housing
complex. Each Commissioner concluded that this is the wrong location
for affordable housing due to numerous safety, environmental,
compatibility, and common sense concerns – all of which invalidate its
value as a public benefit.
In fact, the overall conclusion reached by the Growth Management
Department in its Staff Report dated 3/27/24 was that the Rezoning
application is “not consistent” with the County’s Growth Management
Plan. Quoting from page 9 of the Report: “Comprehensive Planning
staff has reviewed the proposed PUD Rezone and has found
it not consistent with the GMP”.
The result of three days of testimony, public comment, and discussion
at the CCPC hearings was a resounding conclusion that the Growth
Management Department would not have recommended approval to
rezone but for the Affordable Housing component. During the April
18th hearing, Commissioner Shea asked Mr. Bosi “So if there was no
affordable housing with this -- would you approve the project? Mr. Bosi
replied “No, we would not support it”.
During the May 2nd hearing, Chairman Fryer asked Mr. Bosi “please tell
us, if this project did not contain affordable housing, on what grounds
you would -- staff would have disapproved it? Mr. Bosi
responded “without the affordable housing, staff would struggle to find
what the appropriate benefit was being provided to the applicant who's
asking to deviate from what the current Growth Management Plan
would be -- or would allow. So without that public benefit, staff would
have -- would struggle to find rationale and justification for the approval”.
This project makes NO COMMON SENSE and I urge you to vote NO on
the applicant’s petitions to rezone Section 29.
Thank You,
Barry & Jane Fornoff
04 Dec 2024
From:Josette Riopelle
To:Rick LoCastro
Subject:PL 20210003111, 3112,3115
Date:Wednesday, December 4, 2024 9:27:35 PM
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I wish to state my (strong) objection to the Applicant’s request for the rezoning of a portion of
Section 29, presently protected under 2 Conservation Covenants, from its current designation
on the County’s land maps as PRESERVE/PARK, to an amended designation as multi-family
RESIDENTIAL. There are multiple moving parts to PL20210003111,3112,3115, any one of
which should result in denial. In particular that I would like you to review the following areas
of concern:
1: SCALE: Collier County Land Development Code, Section 10.02.08 entitled –
Requirements for Amendments to the Official Zoning Atlas states: “When pertaining to
the rezoning of land, the report and recommendations of 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”:
• Subsection F.14 – “Whether the change suggested is out of scale with the
needs of the neighborhood or the County”.
Our section of Collier County contains nothing even remotely comparable in scale with the
proposed development. The change is out of scale with the needs of the neighborhood, as well
as the county. Virtually all residential development along Rte 41 from Collier Blvd/Rte 41 to
Collier-Seminole State Park (approx 9 miles), is low density residential. The Applicant
proposes to create high density multi-family dwellings in a portion of the county that is
overwhelmingly comprised of single story residential structures and mobile home parks.
There is no demonstrable need for 750 units of multi-family housing in this portion of Collier
County – a determination made unanimously by the County Planning Commissioners in their
7/18/24 vote to recommend denial of this petition.
2: COMPATIBILITY: Florida 2022 Statutes, Title XI, Chapter 163.3164 states:
“Compatibility means a condition in which land uses or conditions can coexist in relative
proximity to each other in a stable fashion over time such that no use or condition is unduly
negatively impacted directly or indirectly be another use”.
Royal Palm Golf Estates (aka Boyne South) to the direct North of Section 29 is an established
middle-class residential community of 353 platted homesites; of which 267 have been built.
The homes are all single family, owner occupied, properties on a minimum of 1/3 acre. The
density is 1.42 dwelling units per acre. Residents are a mixture of retirees and families. Many
educators, medical/dental personnel, police and fire are residents as well as small business
owners and professionals. The Fiddlers Creek request has stated that the buildings, 4 stories
over garage, will be of no consequence; visually, environmentally, or financially, to the
current residents. How was this quantified? We have not been presented with a site plan nor
architectural renderings showing the number or layout of buildings and amenities or design of
the units. All that has been stated (at the second NIM) is that they will be of the same high
standards as Fiddlers Creek.
Policy 7.3 of the FLUE states: All new and existing developments shall be encouraged to
connect their local streets and interconnection points with adjoining neighborhoods or their
developments regardless of land use type”.
Please consider the residents of the Auto Ranch neighborhood. The applicant has steadfastly
refused to consider this. In what way does this contribute to compatibility?
They will experience daily average auto trips of 4,000+ compared to about 50 now. How is
this not unduly impacting these citizens. Will the upgrading of Auto Ranch Rd, which will be
done only to serve the proposed development, compensate for this?
3: AFFORDABILITY: Affordable housing seems to be the primary driving force for
approval by the Collier Planning Department. Mr Bosi stated, on the record of April
18,2024, that this project would not have been approved if not for this provision.
These are some figures you may not be aware of:
There are 1506 affordable housing units in Section 1 directly adjacent to US 41 east of
Collier Blvd (per Collier County Growth Management). Another 269 have already been
approved (Henderson Creek and Majestic). In addition, 810 units are in various stages of
approval. This has the potential to provide 2585 units just in this one area. Each of these
projects connects to US41 at the point where it is already four lanes. None of these projects
result in the destruction or abandonment of property that has served as a long-standing
PRESERVE for the benefit of protected and endangered species. Nor do any of these projects
involve the rezoning of land that is currently under a CONSERVATION COVENANT
mandated by the USFWS and /or USACE pursuant to federal laws enacted for the benefit of
protected and endangered species and water management.
There is also the new Pulte development at the corner of Manatee Rd with affordable pricing
as well as the older development of Reflection Lakes. Further South off of Collier Blvd
toward Marco there is a modular home development, a new D.R. Horten development, and an
existing Habitat community that all are lower priced than the city standards. Collier County
also just approved the purchase of a large piece of land for AF directly across of the Rookery
Bay Environmental Center.
I understand the need for AH and am not opposed to it in theory. My position is that this is
simply the WRONG site for it. Common sense would dictate that all of the above mentioned
locations are better suited for further development of AH.
PLEASE DENY THESE APPLICATIONS IN THEIR ENTIRETY.
Josette Riopelle,
18571 Royal Hammock Blvd
From:Barbara Faha
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Monday, December 9, 2024 7:24:41 AM
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Dear Commissioners:
I am writing in regard to a recent development proposed for Fiddler’s Creek where a developer
has proposed a 750-unit tower on a 300-acre preserve known as Section 29. As you are aware,
Section 29 was designated as a wildlife preserve to compensate for habitat destruction
caused by the developer’s current project. However, Fiddler’s Creek is now apparently
attempting to renege on this agreement.
I understand the Collier County Board of Commissioners (BCC) will convene a meeting on
Tuesday, December 10, at 9 a.m. to consider this proposal. I would like to register my strong
opposition to this development.
The crux of the matter is whether the BCC will compel Fiddler’s Creek to fulfill its commitment
to preserve and restore Section 29.
Here are some key points to consider in your decision analysis:
1. **Breach of Contract:** Fiddler’s Creek’s Section 29 residential development should be
denied because they pledged to preserve and restore this land. Section 29 is situated in
a high-risk coastal flood zone, which should not be subjected to further development. The
access road, Auto Ranch Road, is already susceptible to flooding, and additional development
will exacerbate this issue. Why reward this blatant breach of contract?
2. **Permit Denial:** The United States Fish and Wildlife Service has declined to modify the
permit to permit this development. Why undermine the Fish and Wildlife Service?
3. **Violation of Permit Requirements:** Fiddler’s Creek has failed to undertake any of the
restoration or land management activities mandated by their permit. Why reward bad
behavior?
4. **Non-Compliance with Previous Permits:** Fiddler’s Creek has a history of non-
compliance with the terms of their original county and Army Corps permits. Consequently,
they should not be granted this inappropriate development permission.
I cannot emphasize enough the importance of upholding the preservation and restoration of
Section 29. Progress through development is inevitable but not at the cost of
fragile ecosystems. Collier County has the opportunity to continue to be a leader in Southern
Florida in protecting these endangered natural habitats. Your support in this matter is greatly
appreciated.
Sincerely,
Barbara A Faha, PhD
1710 Hawaii Ct.
Marco Island
From:Catherine Curtiss
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Sunday, December 8, 2024 4:27:08 PM
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Dear Commissioners,
Please, deny Fiddlers Creek application for Section 29 development.
I understand that preserving Section 29 undeveloped was a condition of the Army Corps of
Engineer's permit in 1998 for Fiddlers Creek to build where it is now. Ignoring this condition
at a minimum raises the question of whether Fiddlers Creek negotiated for its original permit
in good faith when it undertook not to develop that area. Certainly, it cannot now be assumed
that whatever representations that entity undertakes now can be relied upon. At a minimum,
a decision to permit Fiddlers Crrek to develop Section 29 would be a litigation magnet.
Further, the Fish and Wildlife Service has refused to change the permit to allow this further
development. That Service is knowledgeable and doing its job. Don't undermine that very
valuable Service by second guessing their considered decision.
Preserving Section 29 for our ever shrinking panther habitat is far more in the public interest
in Collier County than allowing Fiddlers Creek to add more housing units. Now knowing the
bad smell around that entity, I would never recommend a friend to invest or live there. The
Commissioners should not endorce the (at best) highly irregular request by Fiddlers Creek to
develop Section 29.
Thanks to all Commissioners for ever taking care in their decisionmaking to focus on the
overall public intereset rather than a particular entity's commercial interest, and remembering
that our wildlife areas are a crucial reason that Florida is so very special.
Sincerely,
Catherine Curtiss
6075 Pelican Bay Blvd.
#1006
Naples, FL 34108
Sent from my iPhone
From:captfrankadams@aol.com
To:Chris Hall; Burt Saunders; Dan Kowal; Bill McDaniel; Rick LoCastro
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Sunday, December 8, 2024 3:35:26 PM
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and use extreme caution when opening attachments or clicking links.
Commissioners,
The original developers made a promise to protect this subject land in order to obtain
the right to develop Fiddlers Creek. Now they want to violate that agreed upon
promise not to develop section 29. Was not a promise made?
Including supposed affordable housing units is a ploy. The issue is "promises made",
it is only right that they should be held to their original promise of not developing
Section 29 which is an inappropriate location for development,
The U.S. Fish & Wildlife Service has refused to modify or grant a permit for this
attempt at a broken promise. Another reason to consider is that Fiddlers Creek has
not complied with the original Army Corps of Engineers permit requirement to do
restoration work,
Please Commissioners uphold this promise agreed upon by not allowing this
transgression to go any further. Thank You.
Sincerely,
Franklin Adams
761 15th Street N.W.
Naples, Fl. 34120
From:Jody Herr
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Sunday, December 8, 2024 8:06:53 AM
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and use extreme caution when opening attachments or clicking links.
Dear Commissioners,
Fiddler’s Creek’s Section 29 residential development should be denied because they promised to
preserve and restore this land. Section 29 also is in a high-risk coastal flood zone that should not
see any more development. The access road, Auto Ranch Road, suffers from flooding and more
development will make that worse.
The US Fish and Wildlife Service has refused to change the permit to allow this development.
Fiddler’s Creek has not done any of the restoration or land management they were required to
under their permit.
While about a quarter of the units are supposed to be affordable in some way, that does not justify
approving development where flooding is a high risk, and listed species exist.
Fiddler’s Creek did not comply with the terms of their original county and Army Corps permits and
should not be granted this inappropriate development permission.
Thank you for your careful consideration in this matter.
Jody Herr
1100 Aztec Ct
Marco Island FL
309 371 6470
From:Abe Levy
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Cc:Brad Cornell; Pat Levy; Andy Wells-Bean
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Saturday, December 7, 2024 2:32:44 PM
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Commissioners,
As I am sure you are aware, Florida Panther's are a critically endangered species hovering
on the brink of extinction. Loss of habitat is one of the primary reasons that endanger the
survival of this species.
Any development of existing or potential additional Florida Panther habitat is extremely hard
to understand. PLEASE do everything humanly possible to prevent ANY diminution of
panther habitat, no matter what the motive. This includes affordable housing or any other
such feeble excuse for furthering the extinction of such an important species to the history
and future of Florida.
Thank you kindly for allowing me this form of comment.
Abe Levy
4875 Pelican Colony Blvd Apt 301
Bonita Springs FL 34134-6916
abelevy48@gmail.com
914-924-1260
From:Terri Olshanski
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; Bill McDaniel
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Saturday, December 7, 2024 1:32:48 PM
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and use extreme caution when opening attachments or clicking links.
Dear County Commissioners:
I am asking you to deny the development of 750 Units in Fiddlers Creek in the
upcoming vote for the following reasons:
* Fiddler’s Creek’s Section 29 residential development should be denied because they promised
to preserve and restore this land. Section 29 also is in a high-risk coastal flood zone that should
not see any more development. The access road, Auto Ranch Road, suffers from flooding and
more development will make that worse.
* The US Fish and Wildlife Service has refused to change the permit to allow this development.
* Fiddler’s Creek has not done any of the restoration or land management they were required to
under their permit.
* While about a quarter of the units are supposed to be affordable in some way, that does not
justify approving development where flooding is a high risk, and listed species exist.
* Fiddler’s Creek did not comply with the terms of their original county and Army Corps permits
and should not be granted this inappropriate development permission.
Preserving the land for our panthers and other wildlife should be seriously
considered. We have destroyed the natural habitat for our panthers and other
animals which could cause future extinction. Please, please vote NO and stop the
development! As a full time Florida resident, I want to preserve our land and
wildlife for future generations.
Thank you for your time and attention to this important matter to preserve our lands
and wildlife habitat.
Best Regards,
Terri Olshanski
608 Crescent St
Marco Island, FL 34145
201-207-1957
From:Gretchen Nash
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Friday, December 6, 2024 9:06:22 PM
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This should be a flat out No! This is a preserve !
Gretchen and Mike Nash
From:Michael Rechtin
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please Deny Fiddlers Creek Section 29 Development
Date:Friday, December 6, 2024 7:27:36 PM
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and use extreme caution when opening attachments or clicking links.
Dear Commissioners. I am writing to express my profound opposition to allowing Fiddlers
Creek property development severely threatening the well being of an essential Florida
panther habitat and assuring flooding of any residences built on the subject property.
Fiddlers Creek has long promised since 1998 not to develop and preserve forever the
subject property. This property was the subject of a US Army Corp negotiated permit with
Fiddlers Creek, which agreement was to preserve that property for panther habitat and to avoid
inevitable flooding of any homes built on that property. Other knowledgeable authorities,
such as US Fish and Wildlife, also are completely opposed to any such development.
Overuling the US Army Corp Permit and the thoughtful conclusions of the dangers of
allowing such a development, would establish a clear precedent for overdevelopment of
virtually all Florida land, result in assured flooding of residential properties built there and
place more avoidable nails in the coffin of Florida panthers. Respectfully submitted, Michael
D. Rechtin, PhD. from the Massachusetts Institute of Technology.
From:Rachel Santel
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please deny the upcoming proposal . Best regards all those who love our fragile ecosystem!
Date:Friday, December 6, 2024 7:05:43 PM
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From:lisa forman
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Sunday, December 8, 2024 11:55:38 AM
Attachments:smime.p7s
ATT00001.txt
ATT00002.htm
Gentlemen:
With respect to:
* Fiddler’s Creek’s Section 29 residential development should be denied because
they promised to preserve and restore this land. Section 29 also is in a high-risk
coastal flood zone that should not see any more development. The access road, Auto
Ranch Road, suffers from flooding and more development will make that worse.
The US Fish and Wildlife Service has refused to change the permit to allow this
development.
* Fiddler’s Creek has not done any of the restoration or land management they were
required to under their permit.
* While about a quarter of the units are supposed to be affordable in some way, that
does not justify approving development where flooding is a high risk, and listed
species exist.
* Fiddler’s Creek did not comply with the terms of their original county and Army
Corps permits and should not be granted this inappropriate development permission.
We feel strongly that this development of Section 29 (the 300 acre preserve that was
supposed to be set aside for Florida panthers) should not be allowed. These animals
need their habitat restored, and not developed into more housing for humans. Can
we please consider this strongly, and deny the proposal.
Thank you,
Lisa Forman
845-641-9502
From:Chris Straus
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Sunday, December 8, 2024 10:12:36 AM
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and use extreme caution when opening attachments or clicking links.
Stop the overdeveopment of our precious land. Save te panthers!
From:Lona Philpot
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 3:11:30 PM
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and use extreme caution when opening attachments or clicking links.
Hello,
I am writing to you to express my concern about the proposed Fiddler's Creek section 29
residential development. As you probably already know, they previously promised to preserve
and restore this land. Section 29 also is in a high-risk coastal flood zone that should not see
any more development. Fiddler's Creek has not done any of the restoration or land
management they were required to do under their permit. Please say no to this irresponsible
company.
Thank you,
Lona Philpot
From:Lona Philpot
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 3:04:34 PM
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From:robert andrews
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 1:59:09 PM
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caution when opening attachments or clicking links.
Gentlemen, please do not permit Fiddler’s Creek to expand. The developer promised not to build on the land that it
now wants to develop. They should be held to their promise.
Robert Andrews
16842 Cabreo Dr
Naples
From:Margo Heidenreich
To:Dan Kowal
Subject:Workforce Housing Support
Date:Monday, November 4, 2024 4:53:00 PM
Attachments:Commissioner Kowal.pdf
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Please see my letter below in support of the Fiddlers Creek Section 29 to be used for
workforce housing.
Thank you for all you do!
--
Margo Heidenreich
Proud Principal
Marco Island Charter Middle School
Office 239-377-3204
"Believe you can and you're halfway there."
--Theodore Roosevelt
From:Tiffani Mensch
To:Dan Kowal
Subject:Supporting the Fiddler"s Creek Section 29 Community
Date:Friday, November 1, 2024 3:40:16 PM
Attachments:Outlook-A blue and.png
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Dear Commissioner Kowal,
I am writing to express my support for the planned multifamily residential community within
Fiddler’s Creek Section 29. Once completed, this development will help meet the urgent need
for affordable housing options for our growing workforce in Collier County, particularly those
within the ALICE (Asset Limited, Income Constrained, Employed) population—individuals who
face daily financial challenges despite their essential roles in our community.
As President and CEO of the United Way of Collier and the Keys, I am acutely aware of the
challenges faced by essential workers like teachers, first responders, healthcare
professionals, and others who are part of the ALICE population. Many of these individuals work
full-time, and some even hold multiple jobs, yet they struggle to cover basic needs due to high
living costs and limited affordable housing. In Collier County, nearly half of households fall
within or below the ALICE threshold, meaning they live paycheck to paycheck, without the
ability to save or invest in their futures.
Affordable housing within Collier County is vital for our local workforce. When essential
workers must live outside the county, it leads to longer, costly commutes, impacts their quality
of life, and limits their ability to serve the community effectively. Increasing affordable housing
here will ease financial and time burdens, allowing our workforce to spend more time in the
community, build stronger connections, and actively participate in Collier County’s economic
growth. It also ensures we have a reliable local workforce to support our schools, hospitals,
emergency services, and small businesses, strengthening Collier County’s resilience and
vitality.
I was pleased to learn that FCC Preserve has pledged to designate 225 units specifically for
workforce housing, with half reserved for households earning up to 80% of the area median
income (AMI) and the other half for those earning up to 100% of AMI. This commitment reflects
a strategic and considerate approach to addressing our community’s pressing housing needs,
ensuring that Collier County’s essential workers have the opportunity to live closer to their
places of employment—a key factor in fostering long-term stability for our area.
Fiddler’s Creek is widely respected in Southwest Florida for its commitment to developing
high-quality communities that thoughtfully integrate and protect natural areas. With two-thirds
of Fiddler’s Creek set aside as nature preserves, the community offers an appealing balance of
residential space and protected landscapes, benefiting both residents and visitors alike.
I strongly urge you to approve the proposed multifamily development within Fiddler’s Creek
Section 29. This project will significantly expand affordable housing for our local workforce,
providing essential stability for workers and reinforcing our community’s strength and
resilience for years to come.
With gratitude,
Tiffani
Tiffani Mensch
President and CEO
C: 865-773-9119
W: 239-206-8695
9015 Strada Stell Court
Suite 204
Naples, FL 34109
uwcollierkeys.org
From:Jonathan Foerster
To:Dan Kowal
Subject:Support for Fiddler"s Creek PUD change proposal
Date:Monday, November 4, 2024 1:51:55 PM
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Commissioner Kowal,
I’m writing to you to express my support for the proposed multifamily residential
community located within Fiddler’s Creek Section 29. Once completed, I’m confident this
project will add much-needed housing options that are affordable for our growing workforce.
I was encouraged to hear that FCC Preserve has committed to reserving 225 units for
workforce housing. Half of those units will be reserved for households making up to 80% of
the area median income (AMI), while the remaining will be for those making up to 100% of
AMI. This commitment shows the developer understands the critical need for housing that is
affordable to the essential workers, such as first responders, teachers and nurses, in our
community.
As an employer in Collier County, the lack of affordable housing makes it difficult to recruit
and retain employees to work at the Golisano Children's Museum of Naples. Many of our
current employees make long commutes from Cape Coral or farther. We've recently had
potential hires decline our offer of employment because they could not find suitable housing
for their families in our area.
We know that no one individual development will solve this issue, but cumulatively new
projects with affordable components make a big difference. And I know that you have been
supportive of these developments in an attempt to break down the barriers for workers to live
in our community. I urge you to continue that positive trajectory with this proposal.
Furthermore, Fiddler’s Creek has an excellent reputation in Southwest Florida and has
taken great care to create high quality communities that prioritize nature. In fact, two-thirds of
Fiddler’s Creek is dedicated to nature preserves.
I strongly encourage you to approve the proposed multifamily community located within
Fiddler’s Creek Section 29. I am confident that this project will increase the number of
affordable units for our workforce, now and for years to come.
Thank you,
Jon
photo Jonathan Foerster
Chief Executive Officer
239-253-6983
jfoerster@cmon.org
cmon.org
App Banner Image
From:josette riopelle
To:Rick LoCastro
Subject:Section 29, PL20210003111,3112,3115
Date:Friday, November 29, 2024 4:36:27 PM
Attachments:Ed"s objection letter.docx, amended.docx
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Dear County Commissioner,
I am a resident and homeowner in Royal Palm Golf Estates. As such I have been
following , and informing
myself regarding the specifics of these filings by the representatives of Fiddlers
Creek.
There are multiple areas of objection, however , I am highlighting one specific area
that I think has been overlooked.
This is the consideration of "special privilege". Please be aware that I have no
prejudice against big business or
financial success. This is what makes our country so special. There are times when
the consideration of financial gain,
and let's face it, that is what this is about, is simply not the overriding consideration .
Mr Yovanovich stated that this
is what is behind all of this when asked during the Planning Commission hearings
how the number of 750 apartments was
determined. His response was that the developer, while wishing to help out with the
need for "affordable housing", still needed
to make a profit, hence the number of units.
I have attached my formal request for refusal of PL20210003111,3112,and 3115 with
referenced items in the county documents
for your review.
Regards,
Edward Pinardi
18570 Royal Hammock Blvd, Naples
From:Bob Weissbein
To:Dan Kowal
Subject:Section 29
Date:Tuesday, November 5, 2024 1:38:40 PM
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To: Commissioner Dan Kowal
Re: Fiddler’s Creek Petitions PL20210003111 (GMPA), 3112 (PUDA), 3115 (DRI)
My name is Robert Weissbein, a resident of Collier County in Royal Palm Golf Estates
I wish to state my strong objection to the Applicant’s request for the rezoning of a portion of
Section 29, presently protected under 2 Conservation Covenants, from its current designation
on the County’s land maps as PRESERVE/PARK, to an amended designation as multi-family
RESIDENTIAL. The proposed residential construction will consist of 8 to 12 multi-story
buildings totaling 750 multi-family dwelling units.
When considering my objection, please refer to Collier County Land Development Code,
Section 10.02.08 entitled – Requirements for Amendments to the Official Zoning Atlas
which states “When pertaining to the rezoning of land, the report and recommendations
of 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”:
• Subsection F.13 – “Whether there are substantial reasons why the property
cannot be used in accordance with existing zoning”.
The existing restrictions on Section 29 clearly specify limits to how it can be developed. The
current Fiddler’s Creek Master Plan dated May 2018 defines these limits in part under Section
5.3 entitled PRESERVE DISTRICT FIDDLER’S CREEK, PERMITTED USES &
STRUCTURES as follows – “No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part, for other than the following:
passive recreational areas; boardwalks, biking, hiking & nature trails; any other conservation
and related open space activity or use”.
Additionally, the entirety of Section 29 is protected by a Conservation Covenant, which has its
own set of maintenance and monitoring requirements. The Covenants prohibit construction of
any type and restrict its use to the terms and conditions stated in the Turrell Hall OFF-SITE
PRESERVE MANAGEMENT PLAN dated November 2016 which states in part: “This
preserve area is meant to be set aside and maintained as panther habitat”.
The County has designated a portion of section 29 as “PARK”. With this designation come
other limitations to its uses which are described as follows: “This designation also has
restrictions including permitted uses that are limited to parks & playgrounds; biking, hiking
and nature trails; nature preserves and wildlife sanctuaries; and any other open space
activities deemed comparable and compatible”.
For these and other reasons, we see no reason why the land cannot be used in accordance with
its current zoning. If used in accordance with its current zoning it will be utilized exactly as
the applicant has always proposed and specified for the property, and exactly consistent with
the property’s high environmental value.
Therefore the proposed applications do not comply with Section 10.02.08, Subsection F.13
and I ask that you vote NO to the applicant’s rezoning petitions.
Respectfully,
Robert Weissbein November 5, 2024
954-577-1913
From:Bill Coppel
To:Rick LoCastro; Burt Saunders; Chris Hall; Dan Kowal; Bill McDaniel
Cc:Aixa Capizzi; Sue Filson; Louise Jarvis; Sarina Francis; Cristina Tiberia
Subject:Request for Rezoning Preserve Known as Section 29
Date:Thursday, November 7, 2024 10:02:03 AM
Attachments:Letter to Commissiomers 11.7.24.pdf
Exhibit A Map of Gov"t Properties.pdf
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Dear Collier County Commissioners and Staff:
Please see attached letter and exhibit regarding the pending Request to Rezone a Preserve Known as
Section 29.
As a property owners, residents, and registered voters in Collier, my wife and I are requesting that this
letter be considered when deciding whether this unique parcel of land should be rezoned for commercial
purposes.
Thank you.
Bill & Lynn Coppel
*
*
Bill Coppel (810) 252-3095
attorneycoppel@aol.com
THIS IS NOT LEGAL ADVICE
Communication of information by, in, to or through this email and your receipt or use
of it (1) is not intended to convey or constitute legal advice, and (2) is not a substitute
for obtaining legal advice from a qualified attorney, (3) nor does not create an
attorney client relationship.
From:Gary Oros
To:Rick LoCastro; Burt Saunders; Chris Hall; Bill McDaniel; Dan Kowal
Subject:Re: Fiddler’s Creek Petitions PL20210003111 (GMPA), 3112 (PUDA), 3115 (DRI)
Date:Sunday, December 8, 2024 3:10:03 PM
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My name is Gary Oros, my wife Trish and I reside at 18469 Royal Hammock Blvd.,
Naples, Fl.
Please accept this email as my strong objection to the Fiddler’s Creek Section 29
rezoning proposals going before the BCC on December 10, 2024.
On July 18, 2024 the Collier County Planning Commission voted unanimously to
recommend denial of the Fiddler’s Creek petition to rezone Section 29 for a 750-
unit high-density residential housing complex. Each Commissioner concluded that
this is the wrong location for affordable housing due to numerous safety,
environmental, compatibility, and common sense concerns – all of which invalidate
its value as a public benefit.
In fact, the overall conclusion reached by the Growth Management Department in
its Staff Report dated 3/27/24 was that the Rezoning application is “not consistent”
with the County’s Growth Management Plan. Quoting from page 9 of the Report:
“Comprehensive Planning staff has reviewed the proposed PUD Rezone and has
found it not consistent with the GMP”.
The result of three days of testimony, public comment, and discussion at the CCPC
hearings was a resounding conclusion that the Growth Management Department
would not have recommended approval to rezone but for the Affordable Housing
component. During the April 18th hearing, Commissioner Shea asked Mr. Bosi “So
if there was no affordable housing with this -- would you approve the project?
Mr. Bosi replied “No, we would not support it”.
During the May 2nd hearing, Chairman Fryer asked Mr. Bosi “please tell us, if
this project did not contain affordable housing, on what grounds you would --
staff would have disapproved it? Mr. Bosi responded “without the affordable
housing, staff would struggle to find what the appropriate benefit was being
provided to the applicant who's asking to deviate from what the current Growth
Management Plan would be -- or would allow. So without that public benefit,
staff would have -- would struggle to find rationale and justification for the
approval”.
Also during that meeting, Commissioner Shea stated the following: "Wow. A lot of
history, a lot of controversy. Think about what it's like up here. We have this
diverse group of people. By the way, I'm the only nonlawyer up here, so I'm
much less complex.
What we're asked to do is to vote on these -- this -- three versions of the same
petition, and they're asking to change an in-place plan that the county has. My
goal as a planning commissioner is, if there's not a benefit to the public as a
whole, we shouldn't be making the change to the plan.
The benefit -- the hook is affordable housing, and we do want affordable
housing. I sit on the affordable housing planning -- or affordable housing
commission, so I believe strongly in this, but appropriately sited.
And when I look at this, I'm simplifying it as the only reason we're thinking it
and talking about the change is the affordable housing hook, and I don't
believe -- when you look at things that are important when you site an
affordable housing, access to the site, access to public transportation, coastal
high hazard -- I can go down the list -- environmental, there's nothing about
this that checks a box that this is an appropriate place for affordable housing.
So I don't care about all this other history and the legal, all this and that. I just
think this is the wrong place for this development. And I do believe in
affordable housing, and I commend you for it, but I'm going to vote against it
because I don't think it's a good place for affordable housing."
This project makes NO COMMON SENSE and I urge you to vote NO on the
applicant’s petitions to rezone Section 29. Please don’t “rubber stamp” this
attempted proposal for affordable housing as the Collier County Planning
Commission voted unanimously to recommend denial.
Respectfully,
Gary Oros
From:smfish9514@aol.com
To:Dan Kowal
Subject:Public Hearing Dec 10th on rezoning request by Fiddlers Creek
Date:Tuesday, December 3, 2024 2:37:04 PM
Attachments:Objection Letter Section 29_Kowal.docx
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Dear Commissioner Kowal,
Please see the attached letter pursuant to the upcoming Commissioner Public
Hearing re: Section 29 change request for Zoning.
Would appreciate confirmation of receipt. Thank you for your review and
consideration.
Regards,
Mike Francis
239.272.3692
From:John Erario
To:Dan Kowal
Cc:Sue Caglioti; Christine Koren; ljhjd1
Subject:Protect The Preserve meeting Tuesday 10/29
Date:Monday, October 28, 2024 9:13:25 PM
Attachments:Protect The Preseve - Kowal Agenda 10-29-24.docx
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and use extreme caution when opening attachments or clicking links.
Hi Dan. John here from the Protect The Preserve group. Please find attached a topical agenda
that I'd like to go through at our meeting tomorrow. The history of Fiddler's Creek and
Section 29 is quite complex and I think it will help to focus our conversation. I will separately
send a number of additional documents that corroborate and support the information in the
presentation.
Looking forward to our meeting.
Thank you,
John & Sue
John Erario c 917.612.8117
Sue Caglioti c 518.231.8030
18481 Royal Hammock Blvd
Naples, FL 34114
Virus-free.www.avg.com
From:Menzie, Kristine
To:Dan Kowal
Subject:Protect the Preserve
Date:Friday, October 25, 2024 1:09:39 PM
Attachments:ccpswhite_fe38a83b-104b-455d-9b36-6536b94c5a0d.png
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I understand that there is to be a meeting to discuss the status of the Preserve and Fiddlers Creek
building plan. As a homeowner in RPGE I am opposed to their plans to destroy the preserve that
borders our property. You are talking about adding hundreds of cars to a 2-lane road not to mention
the desecration of much needed land for the wildlife of the area. Please vote NO to changing their
building status.
Kristine Menzie
18018 Bluewater Drive,
Naples Fl 34114
Kristine Menzie
Teacher, ESE Modified Curriculum I, Barron Collier High School
Collier County Public Schools
p:239.377.2086 Ɣ e: menziekr@collierschools.com
Visit us online:www.collierschools.com
Proud to be an “A” School District
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Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.
From:Sandra Asdourian
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 7:52:13 AM
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use extreme caution when opening attachments or clicking links.
Fiddler’s Creek’s Section 29 residential development should be denied because they
promised to preserve and restore this land. Section 29 also is in a high-risk coastal flood zone
that should not see any more development. The access road, Auto Ranch Road, suffers from
flooding and more development will make that worse.
* The US Fish and Wildlife Service has refused to change the permit to allow this
development.
* Fiddler’s Creek has not done any of the restoration or land management they were required
to under their permit.
* While about a quarter of the units are supposed to be affordable in some way, that does not
justify approving development where flooding is a high risk, and listed species exist.
* Fiddler’s Creek did not comply with the terms of their original county and Army Corps
permits and should not be granted this inappropriate development permission.
Best regards,
Sandra Asdourian
Sandra Asdourian Interiors
917-213-7837
https://sandraasdourianinteriors.com/
Let’s Get Social! Follow Me on Instagram!
https://www.instagram.com/sandraasdourianinteriors/
From:Cathy Auten
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 9:39:53 AM
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Please make Fiddlers keep their promise to preserve the panthers area!
Catherine Auten
From:Betty Hospital
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 10:27:45 AM
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Hello. I live in a small community just outside fiddlers Creek. Our community is experiencing
an increase of displaced wildlife due to their vast amount of development and destruction of
the environment. Please take this very seriously. We are caretakers of the environment around
us. Your decisions today will have very large impacts on the future of our communities.
Thank you for your time and service.
From:Chris Straus
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 11:43:58 AM
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Stop development at Fiddlers Creek..protect the panthers!
From:Harriett Barrett
To:Chris Hall; Burt Saunders; Dan Kowal; Rick LoCastro; bill.mcdaniel@colliercountyfl.govo
Subject:Please+Deny+Fiddlers+Creek+Section+29+Development
Date:Saturday, December 7, 2024 12:58:11 PM
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I am writing to strongly condemn the proposed development on the Fiddler’s Creek land set
aside and committed for preservation.
This is an environmentally fragile area and should be preserved in it’s natural state.
PROFIT SHOULD NOT BE COLLIER COUNTY’S ONLY GOAL. YOU WERE ELECTED
TO REPRESENT THE CITIZENS OF COLLIER COUNTY NOT THE DEVELOPERS.
* Fiddler’s Creek’s Section 29 residential development should be denied because they promised
to preserve and restore this land. Section 29 also is in a high-risk coastal flood zone that should
not see any more development. The access road, Auto Ranch Road, suffers from flooding and
more development will make that worse.
* The US Fish and Wildlife Service has refused to change the permit to allow this development.
* Fiddler’s Creek has not done any of the restoration or land management they were required to
under their permit.
* While about a quarter of the units are supposed to be affordable in some way, that does not
justify approving development where flooding is a high risk, and listed species exist.
* Fiddler’s Creek did not comply with the terms of their original county and Army Corps permits
and should not be granted this inappropriate development permission.