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CCPC Minutes 08/21/2025August 21, 2025 Page 1 of 33 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida August 21, 2025 LET IT BE REMEMBERED that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chuck Schumacher, Acting Chairman Paul Shea, Secretary Randy Sparrazza Michael Petscher Michelle L. McLeod Charles "Chap" Colucci Amy Lockhart, Collier County School Board Representative ABSENT: Joe Schmitt, Chairman ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Courtney DeSilva, County Attorney's Office Ailyn Padron, Management Analyst I James Sabo, Principal Planner August 21, 2025 Page 2 of 33 P R O C E E D I N G S MR. BOSI: Chair, you have a live mic. CHAIRMAN SCHUMACHER: Good morning. Everybody want to take a seat. We'll get this -- we'll get this moving. All right. Welcome to the August 21st Planning Commission meeting. Please stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SCHUMACHER: Great. Before we call roll, I wanted to welcome Ms. Courtney DeSilva for joining us today, and I look forward to working with you. MS. DeSILVA: I look forward to working with you-all. CHAIRMAN SCHUMACHER: Secretary Shea, call the roll, please. COMMISSIONER SHEA: Commissioner -- Chair Schmitt, not here, and I don't think he's going to be calling in, right, Chair? CHAIRMAN SCHUMACHER: Correct. COMMISSIONER SHEA: Okay. Vice Chair Schumacher? CHAIRMAN SCHUMACHER: Here. COMMISSIONER SHEA: Secretary Shea is here. Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Commissioner Colucci? COMMISSIONER COLUCCI: Here. COMMISSIONER SHEA: Commissioner McLeod? COMMISSIONER McLEOD: Here. COMMISSIONER SHEA: Commissioner Petscher? COMMISSIONER PETSCHER: Here. COMMISSIONER SHEA: Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: So we have a quorum, sir. CHAIRMAN SCHUMACHER: Thank you, sir. No addenda to the agenda today. Next up is Planning Commission absences. We've got a number of petitions coming over the next four meetings. So starting with the next meeting, which would be the 5th of September. COMMISSIONER SHEA: Fourth. CHAIRMAN SCHUMACHER: Fourth of September, sorry. Any planned absences? COMMISSIONER PETSCHER: I will not be here on September 4th. CHAIRMAN SCHUMACHER: Okay. And then the next after that would be September 18th. COMMISSIONER SPARRAZZA: I will not be present on the 18th. CHAIRMAN SCHUMACHER: And October 2nd? (No response.) CHAIRMAN SCHUMACHER: October 16th? COMMISSIONER SPARRAZZA: Too far. MR. BOSI: Chair, Mike Bosi, Planning and Zoning director. Just a reminder, we did schedule a September 24th nighttime hearing with the Planning Commission as well. COMMISSIONER SHEA: We did? MR. BOSI: Yes. COMMISSIONER SPARRAZZA: Is that official now? I have it as a soft hold. MR. BOSI: It's official. I thought my LDC manager sent out an email confirming it to you guys -- COMMISSIONER SHEA: Yes. August 21, 2025 Page 3 of 33 MR. BOSI: -- but I will confirm that. COMMISSIONER SPARRAZZA: Could have been. But okay. MR. BOSI: Yes, it is official. COMMISSIONER SPARRAZZA: It's official. CHAIRMAN SCHUMACHER: That's 9/24. COMMISSIONER McLEOD: That one I cannot make. COMMISSIONER SHEA: Five p.m. CHAIRMAN SCHUMACHER: Commissioner McLeod. COMMISSIONER McLEOD: Right. I can't make -- I can not make that one. CHAIRMAN SCHUMACHER: Okay. COMMISSIONER SHEA: Can't not. COMMISSIONER SPARRAZZA: So that means you will? COMMISSIONER McLEOD: A double negative. CHAIRMAN SCHUMACHER: That's a great way of saying you're going to be here. Perfect. Thank you. All right. And then October 16th, any planned absences for October 16th? (No response.) CHAIRMAN SCHUMACHER: Great. COMMISSIONER SHEA: October 2nd, too? CHAIRMAN SCHUMACHER: I had asked for October 2nd. I didn't hear anything. Anybody have anything for October 2nd? (No response.) CHAIRMAN SCHUMACHER: No? Great. Well, it looks like we'll be able to get through all of the 70 petitions you've got coming in, Mike. MR. BOSI: There's a lot. CHAIRMAN SCHUMACHER: There is a lot. Next up, approval of meeting minutes, July 17th. Everybody's had a chance to review those. If there is no edits required, I'll take a motion to approve. COMMISSIONER SPARRAZZA: So motion. CHAIRMAN SCHUMACHER: Second? COMMISSIONER SHEA: Second. CHAIRMAN SCHUMACHER: All in favor? COMMISSIONER COLUCCI: (No verbal response.) COMMISSIONER SHEA: Aye. CHAIRMAN SCHUMACHER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: BCC recaps. MR. BELLOWS: Yeah. For the record, Ray Bellows. The August 12th, Board of County Commissioners, all the land-use items were continued to August 26th. I think it was because they had a virtual meeting. CHAIRMAN SCHUMACHER: Great. No Chairman's report. That moves us into consent agenda. We don't have any consent agenda. And then the first one will be our first public hearing, PL20240010963, Davis Brookside MPUD on Davis. All those wishing to speak on the matter, including public comment, please stand and raise your hand to be sworn in. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? August 21, 2025 Page 4 of 33 (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SCHUMACHER: Great. Very well. Thank you. I know. I'm going to disclosure. MS. ASHTON-CICKO: Chairman Schumacher, are there any disclosures for today? CHAIRMAN SCHUMACHER: Yeah, that was going to be next. You guys are great. Thank you for helping me. Disclosures, starting with Commissioner McLeod. COMMISSIONER McLEOD: Sure. Reviewed the packet, visited the site, and met with Rich Yovanovich. CHAIRMAN SCHUMACHER: Got it. Mike? COMMISSIONER PETSCHER: Staff materials and I had a conversation with Rich Yovanovich. COMMISSIONER SPARRAZZA: Staff materials, conversation with Rich -- CHAIRMAN SCHUMACHER: Mr. Shea? COMMISSIONER SPARRAZZA: -- Mr. Yovanovich. COMMISSIONER SHEA: Staff materials. COMMISSIONER COLUCCI: Staff materials and conversations with Rich. MS. LOCKHART: Staff materials. CHAIRMAN SCHUMACHER: I had staff materials, conversation with Mr. Yovanovich, and as well as a conversation with staff regarding the items. It's all yours, Mr. Yovanovich. Help yourself. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant. I have several people here with me on our team. They will speak if you guys have questions. I'm a little under the weather, so my intention is to do a brief overview of the project, and then if you have questions, we'll be happy to answer those questions. I know you've all read the materials. With me today are Gavin Gillette and Daniel Zuvia, who are both with the developer. Mr. Mulhere and Ellen Summers are here from Bowman. They are a professional planners on this matter. Norm Trebilcock is our traffic consultant. Is Chris here? Where's Chris? I don't see our engineers, but they may be back there. Jeremy Sterk is our environmental consultant, and Mark McLean is the engineer for the -- I mean, the architect for the project. The location of the property is outlined in blue. It's on Davis Boulevard. I think that's the north side of Davis Boulevard. It's approximately 8.27 acres. And as you can see, it's the Brookside Marina site. It also has a pawn shop on it. Approximately half the property is the submerged water lands. The other half of the property is, obviously, upland property. Our request is to rezone the property to a PD. The PD will allow for the marina. It will also allow for up to 66 multifamily units. The Future Land Use Map designates the property -- most of the property as the Bayshore/Gateway Triangle Redevelopment Overlay. The purpose of the redevelopment area is to encourage the redevelopment of the existing commercial that's on Davis Boulevard. You know, the Triangle project was the catalyst project, and the goal was to then have other properties along Davis Boulevard come in and redevelop to something other than what's there today, and that's exactly what we're doing is we're coming in there to redevelop this into a very nice multifamily project with a marina. The marina will be open. Right now there's -- it's leased to the boat club, Freedom Boat Club. And so there is the public portion of the marina, and then there's the -- there will be slips set aside for the residential units. So this is a mixture of uses, and that is important for purposes of how you calculate density. August 21, 2025 Page 5 of 33 What we are doing is this property was deemed consistent by policy when the Growth Management was adopted in 1989, and what that meant was in 1989 we went to this activity center designation which were the major intersections where the county wanted to see commercial -- mixed-use, residential, and commercial at those major intersections. So properties that didn't comply with that were either rezoned to residential or, if they were already improved, they were deemed consistent by policy. The Growth Management Plan included an incentive to have those commercial properties go to residential. So they allowed -- through a conversion at 16 units per acre. So you will see that that's what we're doing. We are converting the property from commercial to 16 units per acre under that provision of the Growth Management Plan. I know I was asked by at least one person why is there no affordable housing in this project. Because we're using a different portion of the Comprehensive Plan to convert from commercial to residential and mixed-use, which is also consistent with what the CRA wants to see happen is they want to see these mixed-use projects occur in this overlay. The property currently is zoned C-4. The water was recently rezoned to C-4 a couple years back. We are not using any of the water to calculate our density. Our density is all calculated from the uplands. And in fact, the little portions of the building that will allow for restrooms to serve the marina are excluded from our density calculation. So I mean, we've got this down to the precise square footage for purposes of calculating the density. Our -- the marina, as you may or may not be aware, came through a few years ago in 2023. At our neighborhood information meeting, there were comments about our proposed rezone, and I would say most of the comments were about the marina's not living up to its obligations under the rezone. There were concerns about that. I can assure you that with my client buying the property and investing in these 66 units, they will fully comply with the commitments that are -- that were made when the rezone occurred to C-4 for the marina. And all of those commitments have been carried forward to be included in our PUD. Our request, as I said, was to rezone the property from the current C-4 designations to a MPUD, which is a mixed-use PUD, 66 units, staying with 120 boat slips that were previously approved. And our density comes from the conversion, as I -- conversion factor or incentives as I mentioned in the Growth Management Plan. I'm going to have Ellen come up and briefly take you through the permitted uses in the site plan, show you some architectural renderings, and then we'll be available to answer any questions. If you have any questions of me, I'll take them. If not, I'll turn it over to Ellen, and we'll give you a general overview of the site. MS. SUMMERS: Hi. Good morning. For the record, my name is Ellen Summers. I'm a certified land-use planner and a planner with Bowman. So as Rich mentioned, we do have two tracts proposed within this Planned Unit Development. The first is Tract R. That is our residential tract. That is limited to 66 multifamily dwelling units, as well as those associated accessory uses that you would typical see with the multifamily development. Our Tract M, that's going to be our submerged lands, the marina area. That permits marina as well as those other related water uses and, again, that marina is not to exceed 120 wet slips. COMMISSIONER SPARRAZZA: Can I interrupt you for just one second, please? MS. SUMMERS: Sure. COMMISSIONER SPARRAZZA: How many slips are currently there? MS. SUMMERS: It's currently approved for 120. I believe there was a Site Development Plan for up to 112 boat slips. COMMISSIONER SPARRAZZA: Okay. So possibly increased by eight? MS. SUMMERS: It is the same amount that's permitted by the existing ordinance. COMMISSIONER SPARRAZZA: How many are physically there now, though? MS. SUMMERS: There will be physically 112. But with -- August 21, 2025 Page 6 of 33 COMMISSIONER SPARRAZZA: No, currently. Like, today, if we walk out there, how many are there? MS. SUMMERS: They're being installed currently to get to 112. COMMISSIONER SPARRAZZA: Okay. All right. Thank you. MS. SUMMERS: Let's see. All right. And before you I have the master plan. And I apologize, this is probably a little difficult to see here. There's a lot of information to put on one sheet. We have the two tracts. Again, those submerged lands is Tract M. That's on the northern side of the property. To the south we have the Tract R, which is the residential tract where the residential multifamily building will be developed. On the eastern side of the property, you'll see that dark shaded area. We have some floating Tract M locations. And again, that's for the parking that's required for the marina. We will be meeting the code-required parking calculations within that grade, floating Tract M. And again, those areas were not included as part of our residential conversion for the density for the residential tract. We have proposed landscape buffers, which are consistent with the code today. It's a 10-foot landscape buffer along Davis Boulevard. We have a shared 10-foot landscape buffer on the eastern and western sides of the property, meaning we have a 5-foot Type A on our side, and the adjacent commercial will have an additional five feet. Up to the northwest there we do have a 10-foot Type A buffer, and that's because that portion of the property is adjacent to the City of Naples. I believe there's three or four existing driveway cutouts off of Davis Boulevard for this -- the multitude of commercial properties that are part of this site. We are proposing two access locations, and those locations will be determined at time of Site Development Plan. There's some coordination with FDOT required. The PUD includes development standards, and these development standards are modeled off the existing zoning. We are requesting a 60-foot zoned building height for a five-story structure over parking. Again, we have several development -- developer commitments within the PUD. Transportation, we are required to have a maximum total daily trip generation not to exceed 50 two-way p.m. peak hour net trips. And I do want to note that the existing zoning, the C-4 zoning district, the change to this residential use, marina use is a decrease in the trip count. So that is a 75-trip decrease from the existing zoning district. Within the marina, as Rich mentioned, we had been the -- there was an existing ordinance, 23-42, that converted the marina area from the RSF-4 zoning district to C-4 for that commercial marina use. There were several developer commitments that were included as part of that ordinance that we have carried over to our proposed ordinance today. And I'm happy to go into detail, but it is -- it is quite wordy. But again, these are the same commitments that were provided within the prior ordinance. We do have a couple of architectural renderings. I do want to make note that these are conceptual in nature. There are still some final designs that are going to be taking place. But from this perspective, this would be looking -- the center of those buildings would be looking southeast with Davis Boulevard -- I don't know if you can see my cursor here -- Davis Boulevard along this way. Again, just another perspective. This would be from the northeast looking toward the southwest, southwest being over in this general area. This will be looking south. This would be the front area off of Davis Boulevard looking to the northwest. Again, just some additional renderings of the proposed structure. We held our neighborhood information meeting in March. We had probably 10, maybe 15 members of the public in attendance and about seven members of the public on Zoom. We did have a lot of questions about the project, a lot of comments about how the marina's going to be operated, what that building height was going to look like, as well as, you know, the condominium August 21, 2025 Page 7 of 33 operations and the permitted uses with the PUD. We have received a recommendation from staff. And I also want to note that we did meet with the CRA Advisory Board back in April, and they also -- or it may have been early March or April, and we also received a recommendation of approval from them. With that, that concludes our presentation. Be happy to answer any questions you might have. Thank you. CHAIRMAN SCHUMACHER: Secretary Shea. COMMISSIONER SHEA: Quick question. Could you explain to me the parking situation? There's a lot of discussion. I think that's an important item with the deviation that you proposed. MS. SUMMERS: So with the parking, we wanted to ensure that -- you know, there's 74 commercial marina wet slips, and so with those commercial uses, we have to provide required parking. So we have provided for 36 parking spaces -- I'm sorry -- 37 parking spaces for the commercial marina operations, and then that deviation that we have within the PUD, that relates to multifamily amenity centers. So within the Land Development Code we are required to provide parking per each individual multifamily unit, and typically for the amenity center you would have to provide additional parking. But this is a little bit of a unique site. This is not your typical apartment complex where you may have the clubhouse in the front of the, you know, 10-, 20-acre development and you have residents scattered throughout. Our amenity center will be incorporated into our principal structure, so it doesn't really make sense to provide that additional parking for the amenity center. COMMISSIONER SHEA: I'm assuming Freedom will continue to be the commercial side, or is -- MR. YOVANOVICH: Well, they're the current tenant under the lease. The lease at some point will expire, and we'll -- who knows? But right now they're the current tenant. CHAIRMAN SCHUMACHER: Commissioner McLeod. COMMISSIONER McLEOD: Rich, just out of curiosity, what were the concerns about, I guess, Freedom not upholding their commitments? MR. YOVANOVICH: I would say that it's clear that you're supposed to have one boat per dock. They don't always have one boat per dock. COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: That was one of the primary comments -- COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: -- about not living up to that commitment. COMMISSIONER McLEOD: Uh-huh. Okay. MR. YOVANOVICH: And you could see where -- Commissioner Sparrazza, you can see right here, those are the -- those are the docks that are under construction. COMMISSIONER SPARRAZZA: The new docks? MR. YOVANOVICH: Right. They're being built as we speak. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN SCHUMACHER: Okay. Seeing no other questions, Mr. Bosi, comment from staff? MR. BOSI: Mike Bosi, Planning and Zoning director. This has been reviewed against the Comprehensive Plan. They are taking advantage of the conversion to -- commercial to residential, 16 units per acre. We worked specifically with the team related to the parking spaces that are within the facility that are dedicated to the commercial use of the property. That wouldn't be excluded from that calculation. Sixty-six units is what we -- was the ultimate maximum density that's allowed with that conversion based upon the arrangement. We've reviewed it from a compatibility standpoint. One thing that I would let the Planning Commission know, the height that they're requesting is substantially lower than what the LDC August 21, 2025 Page 8 of 33 allows for. The LDC allows for a mixed-use project within the Bayshore MXD overlay to have 112 feet of height. So what they're asking -- COMMISSIONER SHEA: Which height is that? Zoned or actual? MR. BOSI: It's zoned. Zoned. COMMISSIONER SHEA: That much zoned height, okay. MR. BOSI: Zoned height. I mean, you have to remember this is a CRA, and we want to encourage -- and so the regulations -- the flexibility within the regulations and the enticements of the standards are there to try to promote capital infusion with into this area. I think one of the things that the applicant had hit upon was the mini-triangle being a catalyst project. And what you're seeing is that catalyst project is really starting to work. I think this Brookside Marina is an example of it. The Marriott hotel on the south side of U.S. 41 across from the mini-triangle as well. And there's some pre -- there's some future pre-application meetings that are also going to have some additional projects that are really in close proximity to the mini-triangle that is going to offer some more infusion of capital with into that Bayshore CRA. So that project -- the Bayshore Redevelopment Plan with this catalyst project -- it may have taken about two decades for it to really start to take hold, but it has been -- the market has responded to it, and it's going to continue to respond to it. We think this is a good project, fits within the context of what's allowed for from a zoning standpoint, from a height standpoint, and a density standpoint. Staff is recommending approval of both the -- of the proposed PUD. Any questions that you may have, staff would be happy to entertain. CHAIRMAN SCHUMACHER: Seeing no questions, let's move to public comment. Do we have any public comment? MR. SABO: Mr. Chair, we do. The first speaker is Rick Groveman. MR. GROVEMAN: Good morning. I'm Rick Groveman, President of the HOA, Brookside HOA. First and foremost, I'm excited about this project. It looks amazing. And what's there now is not being utilized, so we're excited about it, let me just say that. But we just have some concerns. And I want to go on the record about some of the -- when it was approved for C-4, there were some promises made. One boat, one slip, which completely was ignored by FBC. They had about 60 boats in 38 slips constantly every day. I live right across from it, so -- and I took picture and sent it to Sarina Francis, and so it's -- I really need that to be honored. It was a promise made, a promise not kept by FBC. So I just want to go on the record for that. I don't understand the parking at all. It sounded like there were going to be enough parking spots for half the amount of slips that Freedom was going to use. To me that doesn't sound like enough. I mean, the workers need spots. I'm not sure I understand -- it's still on this screen, but I'm on the other screen. Showing parking on Tract M, I don't understand how that even works. MR. YOVANOVICH: Do you want me to do it? MR. GROVEMAN: I see where it is, but... MR. YOVANOVICH: Do you want me to do it while he's there, or do you want me to just come up after he speaks? CHAIRMAN SCHUMACHER: I mean, you can do it while you're there, Rich, so we save us some time. MR. YOVANOVICH: It's up to him. CHAIRMAN SCHUMACHER: It's up to you, sir, if you allow Rich to -- MR. YOVANOVICH: Yeah. We are meeting the Land Development Code required parking for marina slips. So we are consistent with the Collier County Land Development Code. MR. GROVEMAN: That's cool, but what happens when, you know, the 39th person shows up or -- where do they park? MR. YOVANOVICH: They will not park there, because I -- well, I shouldn't say August 21, 2025 Page 9 of 33 "guarantee." But we have 66 condominium owners -- MR. GROVEMAN: Right. MR. YOVANOVICH: -- that are going to be policing this far more -- or I shouldn't say more intently than you, but equally as intently as you to make sure that that marina is properly operating. So they'll be very nicely asked to go find parking somewhere else. MR. GROVEMAN: Yeah. Okay. As long as it's not on Brookside neighbors' lawns and stuff like that. CHAIRMAN SCHUMACHER: No. MR. GROVEMAN: I mean, that's my worry. Obviously, we have a parking lot. Oakes has a parking lot adjacent from that abandoned building. I want to go on the record that we want our grocery store back, however it happens. I know that's not a part of this one. So parking is a -- continues to be a concern of ours. One of the other promises made were Freedom was going to -- either Freedom or the owner was going to put two cameras in policing some of the activities of the crew -- Freedom Boat Club crew and the folks that rent. And so I did see those two cameras were installed. Obviously they're not there now, because everything's been eliminated. All of the docks -- the old docks are gone. Brand-new ones are going in. They look amazing. Thank you for that. But there was also a promise made that there would be 10 additional cameras available first-come first-serve basis. Nobody asked for them at the time, but I have to say that there was two incidences where pilings -- two pilings on two of my neighbors on Harbor got hit, but we did not have proof of who hit them, unfortunately. So it was at the cost of the neighbors to have to fix their own pilings. That being said, those two neighbors would like to have cameras. I don't know who to ask. John Giglio, I guess, has -- has he sold -- has it already sold? Because there's no -- I can't find it anywhere that he sold the property. CHAIRMAN SCHUMACHER: I don't believe it's sold yet, sir. MR. GROVEMAN: It has not. All right. So we'd like to know who we can contact to have the two cameras, at least two, so that they can be installed and we can, unfortunately, have to monitor our own docks in the event of another occurrence, and we'll have proof of who did it. That would be appreciated. A question is, will the ramps stay? MR. YOVANOVICH: No. MR. GROVEMAN: You're going to take the ramp away? MR. GILLETTE: Correct. MR. GROVEMAN: So all of those boats, Freedom and the residentials, they have to use some other ramps somewhere else. The only concern we have is sometimes Freedom Boat Club would service the boats, clean the boats, using anti buildup chemicals. I'm sorry for -- I can't find the words right now. But they would do it while the boat is in the water, and that's illegal. You can't do that. So I was just wondering how they're going to get the boats out to be able to service them if you don't have the ramp there. Okay. There's a bunch of mango trees right across from us, that line. Again -- oh, let's back up again. All right. So -- MR. YOVANOVICH: I'll help you. You've got to point here. If you go like that, it will -- MR. GROVEMAN: Oh, look at that. I can move this sucker? All right. So right up in here there's all beautiful mangroves. MS. GROVEMAN: Rick, you've got the wrong spot. It's going that way. You're right. Never mind. MR. GROVEMAN: Forty years. I mean, I'd marry her again. MR. YOVANOVICH: You're under oath. CHAIRMAN SCHUMACHER: Yeah, you're under oath. August 21, 2025 Page 10 of 33 MR. GROVEMAN: Anyway -- CHAIRMAN SCHUMACHER: You hear that, ma'am. He's on the record. You heard him, correct? You heard him. MR. GROVEMAN: I'm assuming they're going to stay. CHAIRMAN SCHUMACHER: Yes, the mangroves are indicated that they have to stay on Tract -- MR. GROVEMAN: Okay. And now that those docks -- right now they're all gone. They were all taken out. We notice that there's no seawall leading up to those mangroves and maybe behind them as well. Will there be one put in? I would imagine you're building all this. You would want something to keep the water from coming in on high tides and stuff like that. Just a suggestion. Or not. I don't know. And then my other question would be, I'm just curious when the FBC lease would be up and you'd have to make a decision on whether you guys take it over and turn it all into residential or not. That's my other question. MR. YOVANOVICH: I'm sorry. What was that one? MR. GROVEMAN: You mentioned for the time being 100 and -- or 73 slips, I think. Freedom Boat Club is definitely leasing them. And you said, you know, that lease will end. Do you know when? MR. YOVANOVICH: No. Whatever it's -- it could go on for quite a while. I'm fairly certain once we complete construction, it becomes virtually impossible for us to add any new units to that building, so -- okay. So it's not going to -- we're not going to get rid of the tenant and then all of a sudden go taller. We can't. MR. GROVEMAN: Okay. And so last question. So where would FBC operate out of? Would it be anywhere they want to? Because they're going to come back, you know, before the 66 units go in. I mean, they're all gone now. All the boats are gone. I don't know where they went. But we're being -- we're hearing that they would stay in the basin, I guess, would be in this area here, and these would -- these slips would be for residents. Is that true, or don't you know? MR. YOVANOVICH: Gavin, is that true? Right now we're still working with Florida [sic] Boat Club on where their boats are going to be. To answer your question, they're not going to have an office on site. So there won't be -- we don't have office space allocated for them in the building currently. MR. GROVEMAN: Okay. And during construction of the 66 units, will they still be able to operate? It sounds like there wouldn't be any parking spots for them. MR. YOVANOVICH: We'll have to coordinate all that. We'll have to coordinate it. MR. GROVEMAN: Okay. I think that's all I've got. CHAIRMAN SCHUMACHER: Okay. Thank you, sir. Rich, it sounds like Freedom Boat Club seems to be quite an issue, and it was an issue the first time we met about this, and it sounds like all of the -- I remember their testimony they gave on how their members have to go through a training and how they won't double stack slips, and they won't do this. And it seems like -- MR. YOVANOVICH: I read the transcript. I know what they promised. I can only tell you that we don't own the property. When we do own the property, that will not be tolerated. CHAIRMAN SCHUMACHER: I don't think there's a way for us to intervene in that and double down and back you up and say -- MR. YOVANOVICH: Well, we will be a -- we'll call Code Enforcement as well. CHAIRMAN SCHUMACHER: Okay. MR. YOVANOVICH: But we'll be a far more aggressive landlord, I believe. MR. GROVEMAN: As long as we have a contact we can call. MR. YOVANOVICH: We'll give you -- we'll give you -- and we typically do this. We will provide you the contact of the property manager so you can call. MR. GROVEMAN: I mean, there's three of us right here right now that live right across August 21, 2025 Page 11 of 33 from all of this. So while we're excited about it -- MR. YOVANOVICH: I know. I said that at the NIM, too. MR. GROVEMAN: These folks come back from Keewaydin -- CHAIRMAN SCHUMACHER: I know. I know. I see them out there. I avoid them at all costs. MR. GROVEMAN: And they're very happy. CHAIRMAN SCHUMACHER: You can tell who they are. They've got the buoys on the side of the boat. They're going full speed through the no-wake zone. I know who they are. I see them all the time. MR. GROVEMAN: You live in my nightmare. CHAIRMAN SCHUMACHER: Yeah. MR. GROVEMAN: Thank you. CHAIRMAN SCHUMACHER: Any other public comment on this item? MR. SABO: Yes, Mr. Chairman. The next speaker is Frank Englund. MR. ENGLUND: Good morning. CHAIRMAN SCHUMACHER: Good morning. MR. ENGLUND: My name is -- excuse me. My name is Frank Englund. I live at 1940 Harbor Lane, and I've lived there since 1997. And we're directly across from the Freedom Boat Club, which used to be the Brookside Marina. And in '97, I installed new docks and a new hoist, and it was absolutely paradise living there. And when the Freedom Boat Club has moved in, my docks have been damaged. In order to replace what I have there, it's, like, a $70,000 bill. My docks -- my pilings have been broken in half by boaters. I don't sit on my dock 24/7 watching to see who's going to hit my dock. Freedom Boat Club has refused to take any responsibility whatsoever. My attorney has advised me that more than likely the Brunswick Corporation has instructed their people not to comment or reply or say a word about the damages to my dock, and my attorney says I have no rights under the law to defend myself because whoever hits this dock, unless they come and knock on my door and say, "Mr. Englund, I hit your dock," there's nothing I can do about it. So while my $70,000 dock is being destroyed, there's nothing to help me to pay for the damages. I've called the Collier County Sheriff's Department, and they come out, and they write a report, and they say, "We'll investigate." What it amounts to, it's a hit and run with no record of it. And so I want you to be aware, you've got 30-some parking spots, and you're putting in 70 boats. I come from Michigan. This just doesn't make any sense whatsoever. And what you're doing, Harbor Lane has 25 homes; probably half of us have a boat. So you're looking at 12 boats on Harbor Lane. Now you're going to flood this little area with 117, or whatever the number is, boats. Think about us homeowners. Our property is being destroyed, and we have no recourse whatsoever. Do you have any questions? CHAIRMAN SCHUMACHER: There were 10 cameras that were made available at that point in time when we did this back in '24. COMMISSIONER SPARRAZZA: Twenty-three. CHAIRMAN SCHUMACHER: '23. Was there no way to get ahold of one of those cameras that was offered or -- MR. ENGLUND: I wasn't interested at first, but now that my dock is being destroyed, yeah, I would love to have a camera. But realistically, what good is a camera to me? CHAIRMAN SCHUMACHER: Well, it would show you Freedom Boat Club hitting your dock if that's the one who's doing it. MR. ENGLUND: There's a hundred and some boats going by my dock. CHAIRMAN SCHUMACHER: It's still their responsibility. MR. ENGLUND: This video camera would be running 24/7, and the video camera's not August 21, 2025 Page 12 of 33 going to show the actual damage being done to my dock unless it's right there. CHAIRMAN SCHUMACHER: Understood. MR. ENGLUND: There's nowhere for me to put a camera that's going to film it. We were in the house one day. I was out in the yard. My wife was doing dishes, and she sees a boat leave the Freedom Boat Club, and the lady is -- older couple. The lady's messing with whatever where she's sitting. The husband gets up and walks to the back of the boat, and the boat comes flying right into my pilings, "Kaboom." And I go down there to the dock to see what the damage was, and the boat's long gone. He's going around the bend already. Nobody comes and knocks on the door and says, "Mr. England, I hit your dock," but the damage is being done. CHAIRMAN SCHUMACHER: Okay. Commissioner McLeod. Sorry, you had your timer on there. COMMISSIONER McLEOD: Oh, no. CHAIRMAN SCHUMACHER: Go ahead. COMMISSIONER McLEOD: I had a question on fuel. Is there a fueling station here for all of these boats? Where do you guys get your gas -- MR. ENGLUND: We -- COMMISSIONER McLEOD: -- or your fuel? MR. ENGLUND: We live right there. I -- this is gone now because they removed the boats, but there would be a gas truck come in with 5,000 gallons of gas, or whatever, several times a week and put it into a temporary gas container that they would gas the boats with. Totally 100 percent illegal. And then they would bring in charter captains with their big boats, and they would pull up to the seawall at the Freedom Boat Club, and they would fill their big gas tanks on these three-engine boats from the truck that's just delivered gas to the Freedom Boat Club. So it's like a movable, portable gas station. One hundred percent illegal. COMMISSIONER McLEOD: This is a question for Rich. Just, like -- CHAIRMAN SCHUMACHER: I just want to see if we can finish up. Anybody have questions for Mr. Englund? Commissioner Colucci, did you have a question for Mr. Englund? COMMISSIONER COLUCCI: Yes. CHAIRMAN SCHUMACHER: Go ahead, sir. COMMISSIONER COLUCCI: Yes. Actually, probably a combination of them. Mr. Englund and Rich, I need some understanding of this Freedom Boat Club. My understanding is the Freedom Boat Club operates a marina under a lease. From who? Who leased them that property or that right? MR. YOVANOVICH: Are you all done with Mr. Englund? COMMISSIONER COLUCCI: Yeah. MR. ENGLUND: Thank you very much. CHAIRMAN SCHUMACHER: Thank you, Mr. Englund. MR. YOVANOVICH: The current property owner -- COMMISSIONER COLUCCI: Yes. MR. YOVANOVICH: -- has a lease with Freedom Boat Club. COMMISSIONER COLUCCI: Yes. MR. YOVANOVICH: We, when we close on the property, will then take subject to that lease. COMMISSIONER COLUCCI: You inherit that lease? MR. YOVANOVICH: We inherit the lease. And we will enforce the terms of the lease. I don't -- I can't tell you what's going on right now with the current landowner. I can only tell you what my client intends to do when they buy the property. You've seen the architectural renderings. This is going to be -- these are going to be very, very nice units, very expensive units. COMMISSIONER COLUCCI: I don't have any issue whatsoever with the residential part August 21, 2025 Page 13 of 33 of this. MR. YOVANOVICH: The lease will be enforced. COMMISSIONER COLUCCI: I mean, I'm fairly satisfied. If you-all are going to enforce the terms of the lease, which sounds to me hasn't been done, then I don't have any problem with this. MR. YOVANOVICH: I think, if I were a neighbor, I'd really want this sale to go through. COMMISSIONER COLUCCI: You'd really want what? MR. YOVANOVICH: The sale to go through. I really would want the sale to go through and have our units built. CHAIRMAN SCHUMACHER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. Rich, just as an idea for good neighbor to good neighbor, certainly not asking the possible new owner to incur any more expense but maybe a helpful education, maybe a little out of their line of work, but on security systems, because very economically -- and I know a tiny bit about it -- the homeowners can get a decent security system, one or two cameras, on their external area if it's right on the dock or in the area or mounted to a tree or something that can go to a hard drive system that will always be recording. Should there be a hiccup or a question on what has taken place, they can look at it. Those systems are not very expensive. I'm not asking or even suggesting that your client purchases them for those folks, but just some education. Like I say, it's out of your client's bailiwick. But there are things that can be done fairly inexpensively to help ensure there are no more problems, or should there be a problem, you know who has caused it. Just an idea. MR. YOVANOVICH: Okay. Understood. CHAIRMAN SCHUMACHER: Any other questions? Any other public comment? MR. SABO: Mr. Chairman, no more registered speakers. MR. YOVANOVICH: And I know there was kind of a pending question from Commissioner McLeod regarding fueling. Currently, there's no fueling on that site. If there is fueling on site in the future, we'll obviously comply with the county's regulations regarding providing fueling. But right now we don't have -- we don't have plans to fuel on site. COMMISSIONER McLEOD: And if you did provide fuel, would that be open to the public, like, for the neighbors? MR. YOVANOVICH: I think we probably will consider that, but I think we probably -- it might be better just to limit it those who are actually using the marina. I don't think we want to become a commercial fueling operation. COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: I don't think we want to encourage boats to be coming to our marina to get fuel. We'd rather they go to the other public fueling stations. COMMISSIONER McLEOD: I was just thinking of, like, a win-win, but I understand. MR. YOVANOVICH: Understood. Understood. CHAIRMAN SCHUMACHER: Okay. Having no other public comment, no other questions for the petitioner, I'll close it and open it up to the Board comment. COMMISSIONER SPARRAZZA: I'd like to propose that -- I've got to get these numbers right. Somebody give me the number. I'd like to make a proposal that PL20240010963 move ahead and be approved by the CCPC. CHAIRMAN SCHUMACHER: Is there a second? COMMISSIONER PETSCHER: I'll second. CHAIRMAN SCHUMACHER: All in favor? COMMISSIONER COLUCCI: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN SCHUMACHER: Aye. August 21, 2025 Page 14 of 33 COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: All right. It passes unanimously. ***Next item, PL20240010833, Magnolia Pond Planned Unit Development. Starting out with any -- let's start off with our ex parte disclosures, starting with Commissioner McLeod. COMMISSIONER McLEOD: Reviewed the materials and visited the site and spoke with Yovanovich about this. COMMISSIONER PETSCHER: Staff materials and spoke with Mr. Yovanovich. COMMISSIONER SPARRAZZA: Staff materials, spoke with Mr. Yovanovich. COMMISSIONER SHEA: Staff materials. COMMISSIONER COLUCCI: Staff materials, spoke with Mr. Yovanovich. MS. LOCKHART: Staff materials only. CHAIRMAN SCHUMACHER: Staff materials, conversation with Rich Yovanovich, and conversations with staff. Okay. The floor is yours. MR. YOVANOVICH: Do you want to swear in? CHAIRMAN SCHUMACHER: Swear in. Anybody who want to -- please rise to be sworn in for all those that are going to speak on this item, including any public speakers, please. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SCHUMACHER: Mr. Yovanovich. MR. YOVANOVICH: Thank you. Good morning. For the record -- sorry -- Rich Yovanovich on behalf of the applicant and property owner. With me today are Lisa Lefkow and Michael Solorzano from Habitat; Thompson Thrift is Jake Flagg and Mason Wiltermood (phonetic). Jeremy Sterk is our environmental consultant. Peninsula Engineering, we have Dan Waters is our engineer, and Chris Scott is our planner; and Mr. Trebilcock is our traffic consultant. Like the last petition, I'll do a brief overview, and then Mr. Scott will take you briefly through the master plan, and we'll answer any questions you may have. This is the current property. It's approximately 47 acres. As you can see, over here is Collier Boulevard, and our access is on Magnolia Pond Drive. We have a high school and an elementary school near us. And our proposal is to amend the existing PUD and increase the current density from 231 units to 550 units. This is, I think, the third project I've worked on that involves Habitat and a private for-sale -- I mean, for-rent multifamily apartment developer. Essentially, what's happening is Habitat will develop this parcel of property here. They will construct all the affordable housing at the 80 percent and below. Thirty percent of the units will be at or below 80 percent of the median income. It will be for-sale product. And the remainder of the units will be a market-rate apartment complex developed by Thompson Thrift, who's already developing in this area. I think this is the very end of their existing -- existing apartment complex that we got approved probably more years ago than I remember. But they're already developing in that area with high-quality market-rate apartments. We are basically using the density bonus provisions of the Land Development Code to get our increased density through the existing affordable housing matrix. The property is currently -- as I said, is already zoned -- it's already zoned a PD, and it's already in your urban area, and it's also within a residential infill which allows it an extra -- it's an activity center infill, which also allows a bonus of three units per acre. So that's how we're getting to our total number of units is it's using the traditional August 21, 2025 Page 15 of 33 affordable housing density bonus program. No Comp Plan amendment associated with this particular project. As I mentioned, we're increasing the density from the existing density to the 550. That's the math on how we get there. And 165 units will be for-sale affordable housing. This has proven to be a good formula for the bringing of actual owner-occupied affordable housing to Collier County at the lower income levels that are difficult for a for-profit builder to meet. So this is -- this is becoming a good way to move forward with bringing affordable housing to Collier County. I'm going to turn it over to Chris to take you quickly through the revisions in the master plan, and then we'll open it up to any questions you may have regarding the project. MR. SCOTT: Good morning. For the record, Chris Scott, planning manager with Peninsula Engineering. This is the revised master concept plan that is being proposed as part of this PUD amendment for Magnolia Pond. As Rich mentioned, there are two residential tracts. The property's currently bisected by Magnolia Pond Drive. That roadway's actually an existing easement through this property owned by the school district. Immediately to the east, Magnolia Pond is a public roadway, but where it hits this property it is an easement to -- cross-access easement with the school district. So the northern residential tract, which is identified as Tract R1 on the master concept plan, will be for the affordable housing units. Those will be for-sale units, owner occupied. Immediately to the south -- and the driveways will line up -- would be the market-rate apartments. The preserve is all located on the south side of Magnolia Pond and wraps around the apartment complex. We do have a stormwater pond on the north side of Tract R1 to provide additional separation to the single-family residences on the north side of Golden Gate Canal. And the units are compatible and consistent with everything that's around it. This gives a -- the picture here gives a better view of everything with the conceptual plans. Those are still being worked out, and final engineering and may change, but the location of the preserves and stormwater general locations are consistent. We do have some new deviations being proposed. Currently the LDC requires when you have affordable housing, that those units be intermixed throughout the development. Given the nature of these -- and we've had similar deviations on other projects where we have two separate developers, we need a deviation to do that. So, again, the north side will be the owner-occupied Habitat product, and on the south side would be the market-rate. We also have a deviation to not provide sidewalk along the entire frontage on the south side of Magnolia Pond Drive adjacent to the preserve. In lieu of constructing that sidewalk, we are committing to make the connection to the existing sidewalk on the south side of Magnolia Pond to the east, this area. This area right here, there's a drainage easement, and you can see the pictures on the right. The sidewalk stopped. It did not contact to the subject property. So we'll be making that connection, improving the safety along the road. Right now there's no barrier there. It's a dangerous situation if a car were to go over that embankment. So in lieu of providing the sidewalk on the west end of the property, we will construct it to the east, and we'll provide crosswalks to facilitate the movement, especially for the school kids that are going to either elementary school or the high school. Final deviation, similar to what you heard at the last petition that was just before you, these -- the market-rate apartments are going to be larger. Facilities and all of the amenities, with the exception of a couple pickleball courts, are going to be internal to the building and the courtyards. This is going to be limited to the residents, so it's not going to be a stand-alone recreation facility that someone would drive to. So someone parked at their unit could walk internal from August 21, 2025 Page 16 of 33 the -- within the building to the recreation facilities. CHAIRMAN SCHUMACHER: If I could just ask a question there, because typically it's not what you see in an apartment community where people -- people drive to their fitness center. What about the people that have a guest come in to work out with them in their fitness center or they have a guest come over there that wants to hang out at their pool with them, and there's no parking spaces at the actual facility. Where are they supposed to park? Somewhere else in -- MR. SCOTT: We will have the required parking for the residents and the visitor spaces as required by code. CHAIRMAN SCHUMACHER: But nothing at the actual rec center itself, per se? MR. SCOTT: And again, there is not a separate rec center. It would be located within the building. We do have dedicated parking -- CHAIRMAN SCHUMACHER: On the sides. MR. SCOTT: -- up front. So there will be gates at either end, and we'll have additional -- some of the visitor parking and people that are coming to the leasing office would be there. Most of the recreation facilities are going to be in this main courtyard on the north side, and the fitness center is within that building as well. CHAIRMAN SCHUMACHER: Would your leasing office also be within that building as well, or your administrative? MR. SCOTT: That is correct. CHAIRMAN SCHUMACHER: All right. MR. SCOTT: That equates to approximately, based off preliminary estimates -- and again, buildings are still being finalized -- potentially up to 30 spaces reduction. CHAIRMAN SCHUMACHER: Commissioner Colucci, you had a question, sir? COMMISSIONER COLUCCI: Yeah, why have you elected not to put in the sidewalks? MR. SCOTT: We are putting in sidewalks. I mean, there will be -- there's a large sidewalk on the north side that is wider than what code requires. It's an 8-foot sidewalk. We are putting in a 6-foot -- we'll be connecting to the existing sidewalk on the south side. It will go here with a marked crosswalk to the north side. But if you -- let me back up real fast. Immediately to the west of this property, there's only a stormwater pond on the side, so -- and there is no continuation of a sidewalk on the south side, and it's unlikely that it would ever be constructed. That's the school property. So they do have an existing sidewalk on the north side of Magnolia Pond; we will connect to that to allow for the pedestrian movement to the schools. COMMISSIONER COLUCCI: Okay. Thank you. MR. SCOTT: So the proposed rezoning is consistent with the LDC requirements and the Growth Management Plan. The land uses that are being proposed are consistent and compatible with the surrounding community. As Rich noted, we are within an activity center residential density band to allow -- and the affordable housing density bonus is -- so the density we are requesting is consistent with that and the affordable housing density bonus. Staff has reviewed and recommends that the Planning Commission forward this with a recommendation for approval. And with that, I will close and open up for any questions you may have. CHAIRMAN SCHUMACHER: Commissioner McLeod. COMMISSIONER McLEOD: Yes. Chris, thank you so much for your presentation. Back to the recreational facilities, are you going to have, like, a social room or -- where people can have gatherings? MR. YOVANOVICH: Yes. COMMISSIONER McLEOD: Okay. So I, too, have concerns with the parking. When you have a social area, you need loading and unloading areas for, like, caterers or decorators. And can we accommodate that? MR. YOVANOVICH: In answer to the question you asked me last night, there are August 21, 2025 Page 17 of 33 approximately 19 spaces between the gates. So we believe that's going to be ample parking for people to come, load and unload, to use the social facilities, as well as prospective tenants. COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: That's the current site plan. So we've taken into consideration the need to allow for people to do the activities you are anticipating. COMMISSIONER McLEOD: Okay. That sounds great. And then just to confirm, so the Habitat portion will have its own recreational facilities, and you will have -- and the market-rated ones there have their own? MR. SCOTT: Yeah. They're both going to be permitted separately, so there will be separate Site Development Plans. This deviation for the parking for recreation would only apply to the apartments on the south where the recreation facilities are part of that principal structure. COMMISSIONER McLEOD: Uh-huh. Okay. CHAIRMAN SCHUMACHER: Commissioner Petscher. COMMISSIONER PETSCHER: Yeah. My concern was also the parking. There's -- I mean, you're taking away every available parking spot for, like, a vendor or, like, what if someone is coming to fix the -- fix something in the fitness center or the clubhouse or the swimming pool? There's just zero available parking. That's my only concern with this project. MR. YOVANOVICH: Well, I think what gets a little confusing is all of that factored into the parking required for the units. They do a separate parking calculation just for the amenity. We're not asking to reduce any of the required parking spaces associated with the units, which includes -- repair people and things like that are all factored into it. There's really not repair workers factored into the parking associated with the amenity. The reality is we're going to have -- we're not -- we're not going to give away all 30 of those spaces. We're going to have some of those 30 above and beyond the requirements for the individual units. We can fit more than that on the site, but the way to get there is to ask for the deviation from just the amenity itself. COMMISSIONER PETSCHER: Okay. CHAIRMAN SCHUMACHER: Mrs. Lockhart, I had a question for you. This is sandwiched in between two schools. Is there any concern? MS. LOCKHART: No. And I agree with how -- the sidewalk issue, too, because it's -- it will be a safer situation for them to be all moved across the street, one single point, yeah. CHAIRMAN SCHUMACHER: So I agree, and the bus stop is actually on the north side of that at the corner of 951 and Magnolia. Public comment. Do we have any public comment? MR. SABO: Mr. Chairman, there's one public speaker, Garrett FX Beyrent. CHAIRMAN SCHUMACHER: Good morning, sir. MR. BEYRENT: Good morning. CHAIRMAN SCHUMACHER: State your name again for the record, please. MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I'm the original developer of Magnolia Pond. Magnolia Pond was placed in a very extensive trust many, many years ago. And as a result, there were many, many violations of the trust. Apparently, it's a big thing in the world right now is you can't trust your trustees. It's -- this is a great example right here. In this case I had to -- I had to re-file this lawsuit against my own trust again, because too many of my trustees were dying is actually what happened. And for some reason -- and I really don't know why -- they would just tell me stuff that I didn't have any idea what was going on in my own trust. And what you're seeing there, the two documents -- the first is required that I notify you that property is still in litigation. And actually, what bothered me more than anything is that all the plans I saw, which were very limited, none of these plans addressed specifically the gopher tortoises, which are now older than us, and they're still having babies at 96. August 21, 2025 Page 18 of 33 And then I discovered, too, that the first gopher tortoise that was sold for $40 was a Florida tortoise. And at this point in time, I can only say that -- because I only have five minutes. If you look at the paperwork there, you'll see that this trust -- you've got to be very careful with trusts. You cannot have other people that are not related to you, or some of them that are, enter into controls of your trust. And this is a perfect example; this is a piece of property -- I owned 83 percent of this property. My ex-wife and her new husband walks in with a -- the balance, which is only 18 percent or whatever, and decides to control what I'm doing with my property. And 20 years ago, Toll Brothers offered me $20 million for the property, 20 years ago. They refused to allow me to sell the property. They said, "We don't need to sell it right now. We've got property everywhere, and we want to keep everything and" -- I guess, until they die. And unfortunately, my brother-in-law died about -- this past year. He was the president of our company. And when he died, my other brother-in-law told me stuff I didn't really have any idea what was going on with my own trust. So I can only say that I'm advising you that this property is still in litigation. It's very complicated trust litigation. It's going to get even more complicated because I gave you a piece of paper -- which Donald Trump is going to declare paperwork illegal apparently, and that's basically -- have I used up my five minutes? I hope not. But the pictures I was very disturbed about was that when I originally did my PUD and did the environmental review, I found 44 gopher tortoise preserves on the property. And the County came and said, "Yeah, we've got another side of the property, too." And the areas that are allocated for the environmental protection were always inadequate based on -- especially when you triple the density of it. I mean, it was dense enough as I normally developed cheap condos in East Naples is what I've been famous for for over 50 years. I can only tell you that we need to preserve areas for gopher tortoises because they don't like fences. They go under them, they go around them, and they don't want to just stay where you want to keep them. And for that, I'll just say thank you very much for your time. Got any questions, ask Mike Bosi; he has all the answers. Thank you. CHAIRMAN SCHUMACHER: Thank you, sir. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Rich, is this true that this property there's some type of a legal process going on? I'll leave it at that. MR. YOVANOVICH: I don't -- I don't know the answer, and it's irrelevant to what's in front of you. You're here to decide whether or not this is an appropriate zoning action to take. If there's litigation, we'll deal with the litigation. CHAIRMAN SCHUMACHER: I did have one question on the Habitat portion, Rich, and you and I touched on this on the phone. They're all going to be three-bedrooms, correct? MR. YOVANOVICH: Oh, the Habitat, yeah, three- and four-. CHAIRMAN SCHUMACHER: Three- and four-? MR. YOVANOVICH: When you said "Habitat," I was on gopher tortoises, I'm sorry. I said, "Uh-oh, uh-oh, phone a friend." CHAIRMAN SCHUMACHER: Three- and four-? MR. YOVANOVICH: Three- and four-, yes. CHAIRMAN SCHUMACHER: Thank you. Having -- no other public speakers? No? MR. SABO: No further public speakers. CHAIRMAN SCHUMACHER: Close the public comment. Board discussion? Any discussion? I'll take a motion to approve or deny. MS. ASHTON-CICKO: We'll also need to include in the motion a recommendation of August 21, 2025 Page 19 of 33 approval for the affordable housing agreement that's attached as well, please. CHAIRMAN SCHUMACHER: So I need a motion for approval of -- I'm sorry, Mike. Staff report. I know we had talked about it. I read it -- MR. YOVANOVICH: I was going to ask you to ask Mike, because Mike's recommending approval. CHAIRMAN SCHUMACHER: I know. MR. BOSI: As so eloquently put by Mr. Yovanovich, staff is recommending approval. I will say that this is a project we are excited about and excited about it in relationship to the proximity to the schools. I think the affordable housing opportunities and the multifamily opportunities, location of this in terms of attracting some school-aged families is a great marriage, so to speak, and staff is supporting it. It's been reviewed against the GMP, and for consistency, we think it's compatible with the surrounding areas. So staff is recommending approval on this petition. CHAIRMAN SCHUMACHER: I think the affordable housing aspect is definitely needed. Mike and I talked about this yesterday where there was a question if it's -- if affordable housing is still a need, and I told him that, "Well, yeah." Since all I do is hang around with teachers, since my wife is one, I had one of her friends -- one of the other teachers just moved from Fort Myers to Bonita because it got a little cheaper in Bonita, but still can't afford Naples. So it's definitely still -- it's still a definite need, so... Having said that, we're going to need a motion to approve PL20240010833, including the affordable housing aspect. COMMISSIONER SPARRAZZA: So moved. I mean, so motioned. CHAIRMAN SCHUMACHER: Second, please. COMMISSIONER McLEOD: I'll second that. CHAIRMAN SCHUMACHER: All in favor? COMMISSIONER COLUCCI: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN SCHUMACHER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: It passes unanimously. Thank you. Last one is -- MR. BOSI: Excuse me, Chair. I'm sorry. Mike Bosi, Planning and Zoning director. ***I was negligent on the Brookside Marina. There was also a requirement for EAC to make a recommendation to the Board of County Commissioners on that project. You just acted as the Planning Commission. But it does -- it does require an EAC action or recommendation to the BCC related to the setback from the preserve. That's why the EAC recommendation is needed. CHAIRMAN SCHUMACHER: All right. Well, I would make a motion as the EAC to approve as presented to the Board of County Commissioners. MR. YOVANOVICH: Heidi, do they need to reopen the hearing, do that, or can they -- MS. ASHTON-CICKO: Sure. Let's go ahead and reopen the hearing, and then -- CHAIRMAN SCHUMACHER: Reopen PL20240010963, Davis Boulevard MPUD/PUDZ, and make a motion as the EAC to approve as presented, for the setbacks, to the County Commissioners. Could I have a second? COMMISSIONER SPARRAZZA: I'll second. CHAIRMAN SCHUMACHER: All in favor? COMMISSIONER COLUCCI: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN SCHUMACHER: Aye. COMMISSIONER SPARRAZZA: Aye. August 21, 2025 Page 20 of 33 COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: Any opposed, like sign. (No response.) CHAIRMAN SCHUMACHER: Close that one for a second time. I'd ask my court reporter -- we've got one item left, which could be quick. You good? THE COURT REPORTER: (Nods head.) CHAIRMAN SCHUMACHER: All right. ***Next item, PL20240007340, Paraiso Club Rezone RZ for Gulf Shore Drive. All those wishing to speak on the matter please stand and get sworn in, including public speakers. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SCHUMACHER: Disclosures, starting with Commissioner McLeod. COMMISSIONER McLEOD: Reviewed materials, visited the site, I spoke with Rich Yovanovich. COMMISSIONER PETSCHER: Staff materials, and I had a conversation with Mr. Yovanovich. COMMISSIONER SPARRAZZA: Staff materials, conversation with Mr. Yovanovich. COMMISSIONER SHEA: Staff materials. COMMISSIONER COLUCCI: Visited the site, conversation with Mr. Yovanovich. MS. LOCKHART: Staff materials. CHAIRMAN SCHUMACHER: Staff materials, conversation with staff as well as Mr. Yovanovich. Go ahead, Rich. MR. YOVANOVICH: Still good morning. For the record, Rich Yovanovich on behalf of the applicant. I've been practicing how to say the name, and I'm still not going to get it right. CHAIRMAN SCHUMACHER: I can't get it right either. MR. YOVANOVICH: So I'm not going to. I think it's Paraiso -- I think I'm close -- Club, LLC, is the applicant and contract purchaser for the property. Mr. Mulhere will be doing the presentation of the site. Ellen Summers did all the hard work so Bob and I could present for you today. Our architect is here. Our landscape architect is here. Jim Banks is -- Jim Banks is our traffic consultant, and Tim Hall is our environmental consultant. The property -- MS. ASHTON-CICKO: Excuse me, Rich and Planning Commission members. I didn't hear that we're hearing the rezoning and conditional use jointly. MR. YOVANOVICH: We are. We are. MS. ASHTON-CICKO: Okay. Thank you. MR. YOVANOVICH: If that's okay with you. I'm presenting -- we're going to present them together. MS. ASHTON-CICKO: Well, I just didn't hear it said, so I may have missed it and just wanted to make it clear for the record. CHAIRMAN SCHUMACHER: You're correct. I apologize. That would be PL20240009700. That is the conditional use that will be heard alongside the item we're on now. MR. YOVANOVICH: Okay. CHAIRMAN SCHUMACHER: Thank you. MR. YOVANOVICH: Thank you, Heidi. The property is along Vanderbilt Beach Road -- I mean Vanderbilt Beach. It's 1.5 acres in August 21, 2025 Page 21 of 33 size. Both lots are currently zoned RSF-3. And you can see the property on the visualizer just north of LaPlaya, which is right here. The request is to -- I'll go through the Future Land Use Map. We are in the urban residential subdistrict which allows for what we're requesting, which is to rezone the property from RSF-3 to RT, which is residential tourist, with very limited or only one use allowed in the RT zoning district that we're requesting, which is the right to come and ask for a conditional use for a private beach club. So we're essentially extending the boundary of what's the RT zoning district, which ends right here, to include those two parcels. And we're here also to ask for the conditional use for the private beach club on the property. My client has spent a lot of time talking to the neighbors, getting input from the neighbors in the actual design of the site, and we'll show you some architectural renderings and through the master plan how we've worked to preserve view corridors that wouldn't exist if these homes were -- if two homes were built on these parcels. The homes are very large, and they're basically setback to setback on these parcels, and what we're proposing actually creates better view corridors for the community. As I said, these are the two -- two requests that we're asking for as our project moves forward. Bob's going to take you through in a little bit of detail the master plan and some of the conditions associated with the request. I wanted to point out that this is unique -- and I know you've all read the materials, but basically, the members of this club will not be permitted to drive to the club. They'll either have to walk to the club, or they'll have to take a shuttle to the club. So that's why you see such a low trip cap on this project, because people will be shuttled to and from or walking to us from the local area. There will be some handicapped parking on site, obviously, to accommodate that. But generally, everybody who's coming here, other than deliveries, will be coming by a shuttle. So we've taken great care in making sure we find a way to get people off the public beach, which is -- everybody agrees is very crowded, and moving them to another location on the beach that can accommodate those individuals and not have them drive individual vehicles to this private beach club. CHAIRMAN SCHUMACHER: Mr. Yovanovich? MR. YOVANOVICH: Yes. CHAIRMAN SCHUMACHER: Commissioner Shea, Secretary Shea. COMMISSIONER SHEA: What you were previously talking about how you get to the club, is the membership restricted to people that can only walk to the club? MR. YOVANOVICH: Nope. There's -- there are discussions with various communities that their people that are coming to and from the beach that would like to buy memberships, and there will be a shuttle that will go to their community, pick them up, bring them to the beach club, and then bring them back. There are other beach clubs in the area. You may hear from one of the members of one of those beach clubs. If you're familiar with The Floridian Club, which is slightly north of where we are, they have some of -- I forget how many towers are in that community, but not all of the towers are members of The Floridian Club. They come and go by shuttle. So we'll do the similar concept in these communities. We'll have shuttles that will bring people to the club and then take them back instead of them driving, parking in the parking garage, and using -- now, will we -- hopefully we'll have some local residents and local condominium unit owners who will also want to join the club, and they'll walk or ride their bicycle. So that's why, Mr. Shea, you see such a low trip cap in our project. COMMISSIONER SHEA: So if somebody wants to join that isn't in a shuttle-serviced area or walkable area -- MR. YOVANOVICH: They probably won't join because -- or they're going to have to find August 21, 2025 Page 22 of 33 a way to get to the shuttle. COMMISSIONER SHEA: Yeah. MR. YOVANOVICH: So -- okay? We'll have to figure that out. I'll turn it over to Bob. And with that... MR. MULHERE: Hi. For the record, Bob Mulhere, a certified planner. What you have before you on the visualizer is the master plan. I'll point out that there is a -- you know, an existing somewhat-damaged-from-storms beach dune located right there. I want to point out the -- we have it on the slide that will show the actual setback, so I won't spend a lot of time on those right now. But you can see that this building has been designed with substantial setbacks both to the north and the south. There is also a beach access -- a pedestrian beach access that is split half on this property and half on the northern property, which is developed with a single-family home. I think that is all I need to talk about on this slide. And I'm going to go to the next slide here. This is a graphic that shows the beach dune location, and these are all different plant types, which probably you and I don't have any idea what those numbers mean, but over here are some examples of the plants that will be replanted to restore the dune. Pat Trefz is our landscape architect. He's an excellent landscape architect, and we're glad to have him on our team. And he is here if we have any specific questions. So these are our architectural renderings. That is looking at this building from Gulf Shore. It's a front view. It looks like a large single-family home, and it was designed specifically with that in mind. And again, these are gulf-front lots. So if they're going to be developed with a single-family home, they have generally been developed from setback to setback, which is seven and a half feet in RSF-3. Another perspective right there, and a perspective looking from the gulf back towards the rear of the structure. Another one from the rear of the structure. There's a little aerial perspective there. And this is an aerial of both lots. Obviously, there's a structure on one that will come down, and these would be the lots that are redeveloped right here where Bayview comes down. So these building height -- this is a building height exhibit, and I really think what's most important here is the -- this shows also the setbacks. The required setback in the conditional use is 21 feet, but we have a larger setback than that. In this case it's about 23 feet. Of course, we're still in design, so that could change a little bit, but -- and over here we have actually a 29-foot setback except for a little portion in the back that is elevated here, which is at 21 feet. The building height as we -- is 55 feet, six inches to the top of the roof. That's a sloped roof -- excuse me, to the midpoint of the roof, and then the -- we have a zoned building height of 38 feet now. In the RSF-3, typically a zoned building height would be 35 feet. So we're very close to that. This is another exhibit that would -- that has the single-family homes shown on there and would show the actual setbacks that the single-family homes that are outlined in red there would be. So you would have basically 15 feet between single-family homes if they build lot line to lot line as opposed to the larger setbacks that we're providing. There are some conditions of approval on the rezone. As Rich indicated, we are requesting the conditional use for the beach club as the only use that we would have on the property in the RT district. And you can see there the final bullet says, "No building or structure shall exceed a zoned building height of 38 feet and actual building height of 57 feet." Then we have hours of operation, 8 a.m. And the facility shall be open only between the hours of 8 a.m. and remain open till 11 p.m. except that the use of the pools and access to the beach will cease one hour after sunset. So the outdoor activities that would generate noise will cease much earlier. All users must depart the facility within 30 minutes after the allotted closing time, and the owner will be responsible for enforcing those hours. The facility will have on-site management August 21, 2025 Page 23 of 33 during all hours that it is open, and such management will remain on site after closing to ensure that those actions that need to be taken on the end of each -- at the end of each operating day are in conformance with these stipulations. Trash and garbage receptacles will be enclosed and removed from the beach-site facilities at the closing of each operating day. Let's see. And there's some -- some architectural standards, lighting, you know, because we have to adhere to turtle lighting matters. Parking areas will only be utilized by authorized users of the facility. It's primarily going to be perhaps for handicap parking or for deliveries or for some of staff. So we will actually, as Rich indicated, prohibit members from driving, as part of the membership agreement, to the beach club in their individual vehicles. They'll get there by, you know, walking, biking, or by the shuttle. The owner will attempt to arrange for food and other vendor deliveries to be scheduled during times when traffic volume is at its lowest. Typically that would be early in the morning anyway. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club defined as the beach area between the north and south property lines of the club and extended to the edge of the water. CHAIRMAN SCHUMACHER: Mr. Mulhere, is there a possibility of a setback on that property from the high water line? MR. MULHERE: Yeah. CHAIRMAN SCHUMACHER: Is there a way to, like, contain those chairs and those amenities for the club, too, within that setback? What I don't want to see is -- MR. MULHERE: To the mean high water mark. CHAIRMAN SCHUMACHER: I don't want to see beach chairs all the way up to the mean high water during high tide and nobody can get by because -- MR. MULHERE: No, I think that's fine, yeah. And I think that's the intent of that condition, yeah. CHAIRMAN SCHUMACHER: Okay. Thank you. MR. MULHERE: Let's see. Where were we here? So the trip cap is extremely low, 19 two-way p.m. peak-hour trips. And, I mean, I think that's good for this type of use that we have found a way to keep that trip cap low so we're not bringing a ton of traffic to the neighborhood. And I mentioned the dune restoration plan. We have had several letters of support submitted to us which we forwarded to the county. I don't know if you've seen those. There are some people here to speak to those issues. And I'll just briefly say that we did have a neighborhood information meeting. There were three members of the public there and five members on Zoom. We did not have any questions or comments raised by the members of the public, and we concluded the presentation. So there really were no issues. Staff is recommending approval. We'll go right to Q & A or public speakers, whatever your preference is. CHAIRMAN SCHUMACHER: Amenities within the club, do we have a food service, bar service, or is this all going to be bring your own? MR. MULHERE: No. There will be food service and bar service inside. CHAIRMAN SCHUMACHER: Food service and bar service inside on site, okay. MR. MULHERE: It will be catered. CHAIRMAN SCHUMACHER: And catering, okay. Commissioner McLeod. COMMISSIONER McLEOD: Yes. Either of you. How many memberships will be allowed here? The Floridian Club, I understood, had a limited amount, and when they reach that limit or amount they can't accept any more membership. August 21, 2025 Page 24 of 33 MR. YOVANOVICH: So I don't believe they had a cap on membership. COMMISSIONER McLEOD: Okay. So it's unlimited? MR. YOVANOVICH: And, you know, we're going to be governed by how many chairs on the beach and how much room we have in the facility for how many people can be there at any one time. But I don't know of any clubs that have caps on membership, the number of members. COMMISSIONER McLEOD: Okay. So the reason why this -- I brought this -- or it was brought to my attention is because the folks at The Dunes, I understood, could have been members at the Floridian, but there was limited membership, and they -- MR. YOVANOVICH: My understanding was there was a limited number of people that could be on site at any time. COMMISSIONER McLEOD: Oh, okay. MR. YOVANOVICH: I'm not aware -- and, you know, I don't know every zoning approval out there, but I'm not aware of a cap on the number of members. COMMISSIONER McLEOD: So anybody at The Dunes can be a member of -- MR. YOVANOVICH: My understanding is that at The Dunes -- this is -- but I'm repeating hearsay -- is that not every one of the buildings in The Dunes has the ability to have a membership at The Floridian Club. So there are some buildings at The Dunes that are not allowed to be members, but that's their own internal -- COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: -- setup. COMMISSIONER McLEOD: This is different? MR. YOVANOVICH: Right. COMMISSIONER McLEOD: Okay. It's a gorgeous project. I love the renderings. It's going to be nice. MR. YOVANOVICH: And we've been trying to get people to the beach here forever and, you know, this is another opportunity to get people to the beach without overburdening the roads, without overburdening the County's parking facility that already exists. I think it's going to be spectacular. CHAIRMAN SCHUMACHER: Mr. Bosi, staff report. MR. BOSI: Again, Mike Bosi, Planning and Zoning director. As indicated by the applicant, both the conditional use and the rezone has been reviewed by staff, by Comp Planning staff, from all the disciplines, and a recommendation of approval specifically based upon the low traffic generation in terms of the relationship to the amount of activity that we know happens within this -- within the general area. We have -- like I said, we're recommending approval for both of the petitions. And any questions that you guys may have? CHAIRMAN SCHUMACHER: Secretary Shea. COMMISSIONER SHEA: Quick question, Mike. Could you explain the elevation requirements that are now in place for the structure versus some of the surrounding structures, the current codes, how far above the center line of the road, what's going to be on the lower -- what can be on the lower levels and the upper levels? MR. BOSI: That's an area that's outside of my expertise, not as -- not being a qualified engineer or water management professional. But I could make a rough estimate in terms of what we're going to require. The base flood elevation within this area is going to have to elevate these structures up a considerable amount. I couldn't tell you the exact amount. COMMISSIONER SHEA: Well, why I ask, it looks like it's about 17 or 18 feet above the center line of the road, and I think down the road when we did One Naples, it was 21 or 22 feet. So I'm just trying to -- I know these are new -- I guess they're FEMA requirements. MR. BOSI: Yes, they are FEMA requirements. COMMISSIONER SHEA: And it's more of an education. I realize you're -- the right people are looking through that. August 21, 2025 Page 25 of 33 CHAIRMAN SCHUMACHER: I think I know who would know. Mr. Mulhere? MR. MULHERE: Yes. COMMISSIONER SPARRAZZA: Are you looking for NAVD for the property owner? CHAIRMAN SCHUMACHER: Acceleration? MR. MULHERE: Thirteen-six is the first finished floor elevation; 13 feet six inches. COMMISSIONER SHEA: And what does that comply -- what governed that? MR. MULHERE: That's by DEP or FEMA. COMMISSIONER SHEA: FEMA? MR. YOVANOVICH: There's two agencies that are involved in regulating this. I think it's DEP -- it's one -- it's either DEP or FEMA that tells us where we have to start. I don't know right off the top, but that -- COMMISSIONER SHEA: So the lower level of this is what, just storage space? MR. YOVANOVICH: Basically. Storage space, maybe some cabanas, things that, you know, are allowed. You cannot have living space below FEMA. That's the general rule. MR. MULHERE: And, I'm sorry. In this case, and as I thought was the case, because of proximity to the beach, it's actually DEP that is the -- that governs the minimum required first finished floor elevation. The way the code reads, it's whichever agency requires the greatest elevation, that's what you have to comply with. CHAIRMAN SCHUMACHER: Thank you, sir. Okay. Public speakers? MR. SABO: Mr. Chair, there are five in-person public speakers and eight on Zoom. The first one is Sally Hughes. MS. HUGHES: Good morning. CHAIRMAN SCHUMACHER: Good morning, Mrs. -- state your name, again, for the record, please. MS. HUGHES: Sally Hughes. And we reside at 271 South Bay Drive, which is in Vanderbilt Beach. And this is just a personal letter in support of Paraiso Beach Club. So I just want to begin by letting you know that my family's love affair with Naples began in 1972 when my dad, convinced that he had found paradise, brought us to Naples for the first time. I'm the middle of five kids. And I remember those early days very vividly with light traffic, just a handful of restaurants like Witch's Brew, Pippin's, Kelly's Fish House, Pewter Mug, and the charm of a quiet, untouched coastal town. Our first home was at Palm River Estates where LaPlaya Beach Club now -- or LaPlaya Gulf Club now stands. My dad, who battled polio, always said that being in Naples made him feel better than anywhere else. The warm air, the gentle ocean breeze, and the laid-back lifestyle gave him a sense of peace and well-being that was truly special. Vanderbilt Beach quickly became my favorite place, a reflection of Old Florida at its finest. When my parents moved to the Vineyards, our connection to the area only deepened. My oldest sister bought a condominium at Vanderbilt Beach in 1995, and my husband and I followed suit in 1998. So for 25-plus years, we've cherished everything about this incredible place; the beauty, community, and the sense of belonging. However, as Naples has grown so, too, has Vanderbilt Beach. The increased development, the parking structures, and influx of visitors have brought more energy but also more congestion. While I understand and appreciate progress, it's been bittersweet to see the tranquil charm of Old Florida slowly fade. The situation will get much worse once the Ritz-Carlton Residences are completed. And as a result, we had planned on selling our condo in Vanderbilt Beach area and leaving to a different part of Naples. But that's why I was so excited to hear about Paraiso Beach Club and learning August 21, 2025 Page 26 of 33 about the vision, the membership structure, and the thoughtful and ongoing planning behind it. We're now wholeheartedly committed to joining. Speaking to Mike and Dave only reinforced our beliefs that this is an opportunity to restore the serenity that we've always cherished. Knowing that we'll have a place where we can gather with family and friends, enjoy the natural beauty, and embrace the Naples lifestyle in a more intimate setting fills me with renewed joy. We realize it will take time, but because of this exciting future, we'll hold onto our condo and look forward to the day when we can, once again, walk along the quieter shores and enjoy an exceptional beachside experience. We appreciate the dedication and effort that this takes and will continue to take to make this vision a reality. Thank you very much for your hard work and commitment to preserving what makes Naples so special. Thank you very much. CHAIRMAN SCHUMACHER: Thank you, Mrs. Hughes. MR. SABO: Mr. Chairman, next speaker, Melissa Martin. MS. MARTIN: Good morning. CHAIRMAN SCHUMACHER: Good morning. MS. MARTIN: Hi. My name is Melissa Martin. I was born and raised here in Naples, Florida, and consider myself a true Neapolitan. Is there a way I can get on this screen? MR. YOVANOVICH: Which one do you want? MS. MARTIN: The aerial view. MR. YOVANOVICH: Sure. MS. MARTIN: Right, yeah. MR. YOVANOVICH: If you want to point, you just hit the screen. MS. MARTIN: All right. Thank you. I'm a horrible speaker, so... I grew up on Bayview Avenue directly across the street from where Paraiso -- it's pronounced Paraiso, which means paradise in Spanish -- MR. YOVANOVICH: Thank you. MS. MARTIN: -- where Paraiso Beach Club is proposed, and I've remained close to this community ever since. My husband and I are very close family friends of the Cerkleski family, and I'm here today to read a letter on their behalf because of an unfortunate diagnosis in the family. So the Cerkleskis currently live here, and they're building their new home here. As someone who has lived in Vanderbilt for many years and still lives near by, I also want to share my personal support for Paraiso Beach Club. I believe this project is needed and will be a meaningful and job-creating asset to the Vanderbilt Beach community. This is what the Cerkleski family would like me to read to you. Hi. My name is Jim Cerkleski, and I'm currently building a home at 10030 Gulf Shore Drive directly across the street from the proposed site of the Paraiso Beach Club. While my new home is under construction, I reside at 103 Bayview Avenue. Both properties are within 200 feet of the club. I have been in direct communication with the Paraiso leadership team for more than 18 months, and I greatly appreciate the respectful and collaborative way they have approached this project. They have kept me informed and have taken the time to share detailed club designs and landscape plans. They also intend to have their landscape architect work directly with the closest neighbors to create a design that best suits our properties. One of the more meaningful aspects for me, personally, is their decision to intentionally create viewing corridors that preserve our line of sight to the gulf. If two large residential homes were built on that property instead, that view would be obstructed and lost. Their design is not only smaller in footprint but also more considerate of surrounding neighbors, which speaks volumes about the vision and values behind this project. I fully support the Paraiso Beach Club and believe it will be a tasteful, well-designed, and August 21, 2025 Page 27 of 33 great addition to our community. Thank you. CHAIRMAN SCHUMACHER: Thank you, Ms. Martin. MR. SABO: Mr. Chairman, next speaker, Dionne Fleming. MS. FLEMING: Hello. My name's Dionne Fleming, and I'm here today to read two letters from two individuals who cannot be here to read for themselves. The first is from Leslie Garlock. She's both an owner and has run a real estate office in Vanderbilt. Her new offices will be in the Ritz Residences building when completed. So this is from Leslie. As both a resident of the Regatta and the owner of a real estate office here in Vanderbilt Beach, I see daily just how much the value of a private beach club can bring to both a community and its property market. The success of Pelican Bay is a prime example. Despite requiring residents to drive, park, and take a tram to reach their private beach and restaurant, demand remains incredibly high. The market data is clear, properties with access to a private beach club sell faster and at higher prices. At The Dunes, for example, units tied to the Floridian beach club consistently command a significant premium, yet that club is available only to a select group of units. Meanwhile, highly sought-after clubs like the Ritz and Barefoot Beach remain inaccessible to most due to long waitlists. The need far exceeds the supply, and Paraiso Beach Club is a smart community-oriented way to help meet that demand. Repurposing the two lots next to LaPlaya into a thoughtfully designed club would not only enhance the Vanderbilt Beach experience but also ease the pressure on other public beaches. From both a resident and professional standpoint I fully support the approval of this project. Again, this letter is from Leslie Garlock, who is both an owner and has run a real estate office in Vanderbilt Beach. The second letter is from Shawn Moccia from Gulf Shore Drive, so a neighbor. Dear Commissioners, I am writing to express my strong support for the Paraiso Beach Club proposal. The current beach situation in Vanderbilt Beach makes clear why this project is not only desirable but necessary. During peak season, the public beaches are completely overwhelmed. Crowds spill over into areas in front of condominiums where they're not legally permitted, yet at the very same time, if you walk along the beach in front of private single-family homes or many condominium properties, those stretches are often empty, even on the busiest days of the year. In fact, some condominiums are actively reclaiming their beachfront by roping off the areas and posting them as private, which further limits access for the community. I do not want this to be a missed opportunity for our county and the community. By converting the two lots next to LaPlaya from residential to a private beach club, Collier County has a chance to make better use of our beaches. Instead of just serving two homeowners who might rarely use the beach, these parcels could serve hundreds of residents and guests in a way that relieves pressure on our overcrowded public beaches. It's discouraging to see people packed shoulder to shoulder on the public stretches while so much beachfront near by sits virtually unused. With Paraiso, we can create a better balance, giving the community more access, helping alleviate crowding, and ensuring that our beaches are enjoyed in a way that reflects the needs of our growing community. To be clear, I do not in any way have any ill feelings whatsoever toward the current beachfront property owners. They purchased their home with the rights to the beach, and that should be respected. At the same time, the opportunity with these two lots offers a fair and thoughtful way to improve the situation for the broader Vanderbilt Beach community. This project is a rare opportunity to do something meaningful for the people of Vanderbilt Beach community. I hope that you are able to act in the best interest of our residents and approve this proposal. We may not have many more opportunities like this. Sincerely Shawn Moccia. August 21, 2025 Page 28 of 33 CHAIRMAN SCHUMACHER: Thank you. Thank you, Ms. Fleming. MR. SABO: Mr. Chairman, next speaker, Dan Dvorznak. MR. DVORZNAK: Good morning, ladies and gentlemen. My name is Dan Dvorznak, and I'm a condo owner in The Dunes community near Vanderbilt Beach. I'm present today to express my support for the proposed beach club. My wife, Kelly, and I are full-time owners at The Dunes in Naples. We're a beach-loving family, and we're just a short walk from Wiggins Pass, yet lately we've found ourselves getting in a car and driving all the way up towards Bonita Beach just to find a stretch of sand that's not overcrowded, and frankly, it's disappointing especially since we live literally two blocks from the gulf. When we go to Vanderbilt Beach, we have to publicly park our car near the Ritz Carlton, and I would say literally 10 times last season, we got back in our car and just drove home and didn't go to the beach because we couldn't find a spot. That said, there's only a small percentage of homeowners in The Dunes that have access to the beach club we've discussed before called the Floridian beach club, and unfortunately, my building and the unit that I'm in is not one of them. I would willingly pay for The Floridian Club, but I'm not able to do so because of the building that I reside in. That exclusion has been a real big impact, and it's unfortunate. Not only does it limit our access to the beach, but it lowers the value of our condo, especially since many of the other buildings do belong to The Floridian Club. And, again, mine does not. I also happen to be a licensed Realtor in the state of Florida, and I've heard directly from potential buyers they would only consider a specific Dunes property that comes with a beach club. In today's market, that kind of amenity in my opinion is very, very important. The proposed beach club would be a game changer for us. We'd finally be able to walk to a private beach without having to drive or leave our neighborhood. Even better, the ability to attach our membership to our property would increase its value and its marketability, something that not only benefits our family but The Dunes community as well. The leadership team at the beach club has been open and very thoughtful in their approach. I appreciate their willingness to create something that meets a real need in this Southwest Florida area. I hope the County will support this project. It will bring a tremendous value to local residents, especially those who have been underserved when it comes to the beach access. The fact that there will be little to no impact on traffic is very important to me and my family. I live here partially for the nostalgia that Naples provides, and I'm told the shuttle service will provide a way for us to be transported to and from the beach, or we could walk. Thank you for the opportunity to express my feelings and thoughts, and I really hope that you approve the club to be built in the next couple years. Thank you. CHAIRMAN SCHUMACHER: Could I just ask you a question, sir? MR. DVORZNAK: Yes. CHAIRMAN SCHUMACHER: Because you live in The Dunes. MR. DVORZNAK: Yeah. CHAIRMAN SCHUMACHER: What's the thought process behind only certain buildings can join the Floridian whereas you as a unit owner in X building can't join? MR. DVORZNAK: Sure. So I'll be clear. There's seven buildings and 40 coach homes in The Dunes community. Building 1, 2 and 3 is not able to purchase a beach membership to the Floridian. Building 4 through 7 is allowed to do so. I don't make rules; I follow them. I did call probably four or five times, and I'm not kidding when I say that. I happen to be a very aggressive person when it comes to something that I want. And in every occasion, when I requested to pay for a beach club, they frankly chuckled at me and said, you know, "Thanks, but you can't because you're in Building 3." Again, Building 1, 2, 3 is not allowed. Building 4 through 7 has the privilege, fortunately for them. August 21, 2025 Page 29 of 33 CHAIRMAN SCHUMACHER: Wow. It's two different classes of people there. That's kind of interesting to see. Wow. All right. Thank you. COMMISSIONER McLEOD: I have a question for Dan. CHAIRMAN SCHUMACHER: Go ahead. I'm sorry. Commissioner McLeod's got a question for you. COMMISSIONER McLEOD: Dan, who is providing the shuttle service? Would it be The Dunes providing it to the club or the club is coming to pick up -- MR. DVORZNAK: No. I'm told that it's -- the new beach club is going to be providing the shuttle service. But frankly, it's very close for me. I'd gladly walk there. It's probably three-quarters of a mile, roughly. I literally have to go over the bridge and hang a left, and I'm right there. CHAIRMAN SCHUMACHER: Thank you, sir. I'm sorry. Go ahead. COMMISSIONER McLEOD: So, no, no. I'll have a question for Rich, then, about who's providing the shuttle services. CHAIRMAN SCHUMACHER: Thank you. MR. DVORZNAK: Thank you. MR. SABO: Next speaker, Tim McMillin. MR. McMILLIN: I'm checking my watch. It's still morning. So good morning. I'm Tim McMillin. My wife and I are 25-year-plus residents of Naples. We live in Kalea Bay, and I can answer a couple of the questions. Kalea Bay has been developed by Soave Development Company, which also did part of the developments for The Dunes. The Floridian Club is owned by Suave. So those buildings -- CHAIRMAN SCHUMACHER: That explains it. MR. McMILLIN: -- that Tony was involved with have the memberships. Kalea Bay, where I live, have access to that beach club offseason. So we have a lot of experience with shuttle systems, which is what The Floridian uses currently. Very low density. Those shuttles, which I believe Paraiso is going to use as well, are 15-person vans/shuttle bus that run on the hour. So we're not talking about a large amount of traffic. Speaking of traffic, I look at Vanderbilt Beach like a barbell. On one end, to the south, you have the public beach which has a parking garage, which has been mentioned before, but also will in the future have 128 residences closely associated with it due to the Naples One project. Tremendous amount of density there with people not moving very far north from that access point. To the north, on the other end, you've got the state park which has the same situation. There's also a small beach club at Moraya Bay, which is directly to the south of the state park which has a very small membership, which is made up of Kalea Bay residents as well as the Moraya Bay folks. But there, too, once you pass to the south of there, you have a lot of beach that is really underutilized. And in support of Paraiso, we firmly believe that the access to these locations is going to be very beneficial, not just for the members but for guests that will be associated with the members and for the neighborhood. We'll be spreading out the density, we believe, on the beach. So the combination of having a reduced amount of traffic in the neighborhood and the access that the club is going to afford I think is going to be a tremendous value, and we strongly support it. Thank you. CHAIRMAN SCHUMACHER: Thank you, sir. MR. SABO: Mr. Chairman, we have only Zoom speakers left. There are four. James Banks is the first. MR. YOVANOVICH: He's my traffic guy. CHAIRMAN SCHUMACHER: He's your traffic guy. MR. YOVANOVICH: He's our traffic guy. August 21, 2025 Page 30 of 33 MR. SABO: So are we skipping Mr. Banks? MR. YOVANOVICH: We are. MR. SABO: James Cleveland. CHAIRMAN SCHUMACHER: I'm sorry? MR. SABO: James Cleveland. CHAIRMAN SCHUMACHER: Mr. Cleveland. (No response.) CHAIRMAN SCHUMACHER: Mr. Cleveland, we can't hear you, sir. So if you could unmute yourself. MR. SABO: We're working on it. CHAIRMAN SCHUMACHER: Got it. MR. YOVANOVICH: I think he's one of our speakers. MR. SABO: He's unmuted. All right. Let's go to Julie Casper. CHAIRMAN SCHUMACHER: Ms. Casper? MR. CLEVELAND: I think I'm unmuted now. MR. SABO: All right. Now we're back to James Cleveland. CHAIRMAN SCHUMACHER: Mr. Cleveland, go ahead, sir. MR. CLEVELAND: Yeah, sorry. A little technical issue there. I apologize. Yeah. My name is James Cleveland. I'm a resident at the Regatta and have been a resident there since its inception 22 plus years ago. And we -- one of our, you know, reasons for the location was access to the beach, which is a block and a half at best off the beach. And under today's conditions of the beach, that's not -- it wasn't as it used to be due to the, you know, crowd and access to space. And as was mentioned in a previous presentation, a lot of the other condominium buildings have roped off their areas. So the breadth from north/south is not available to us at a later time, especially during the weekends. We, as many others, get a lot of friends and visitors from the north during season. And at any given time, we alone probably take four or five guests, six maybe, and try to get onto the beach, and it's tough. It really is, and it's unfortunate. And I think that, you know, it was also mentioned other beach clubs. The Ritz, as Ms. Garlock said, is, like, a five-year waitlist to get a membership there. I was on that waitlist for quite some time and did not have access to the Ritz. Also, we see some of our neighbors moving to, you know, other areas, either to Estero or to Bonita where access to the beach is more enjoyable and more likely, and it's kind of discerning [sic], and actually it's happened quite a bit at our property and at the Regatta. So we believe that -- you know, there's the two residences, there's an empty lot, and then there's the empty homesite there. And we just don't believe that that would be, you know, good use of the beach from north to south to have one or two residences with access versus the opportunity for 600-plus people to enjoy the new beach club and -- for their enjoyment. So it's -- we would love to see it go through. We're all taxpayers here and paying for, you know, replenishment of the beach, and that runs clear across Vanderbilt Beach. And its unfortunate we don't have the access that I think is needed for all of us. So we would appreciate your passage of the beach club. I don't even try to pronounce it, so... So thank you very much for your time, and I hope you can support it. It's going to be beautiful. CHAIRMAN SCHUMACHER: Thank you, Mr. Cleveland. MR. SABO: We're down to one Zoom speaker. Julie Casper is the last speaker. CHAIRMAN SCHUMACHER: Ms. Casper. MS. CASPER: Hi. Can you hear me? August 21, 2025 Page 31 of 33 CHAIRMAN SCHUMACHER: Yes. MS. CASPER: Hi. My name is Julie Casper. My husband, Craig and I, bought preconstruction in the Regatta over 27 years ago. I've been coming to the Vanderbilt Beach area since mid, late '70s, as my parents were residents at Conners in North Naples. THE COURT REPORTER: Can you ask her to speak up? CHAIRMAN SCHUMACHER: Ms. Casper, could you -- Ms. Casper, could you speak up? We can't quite hear you, Ms. Casper. MS. CASPER: Yes. Can you hear me now? CHAIRMAN SCHUMACHER: Is that better? THE COURT REPORTER: (Shrugs shoulders.) MS. CASPER: In recent years since the public parking garage was built, the public beach access area has become so crowded that we seriously considered relocating to Pelican Bay primarily for the access to the private beach and the restaurants and amenities. And that decision was a difficult one, as we've called Regatta home for so long, since it was constructed, and we've been very active in the community at Regatta, especially through COVID and many hurricanes. And we have a pretty tight-knit community. The Paraiso Beach Club proposal became a real game changer for us. If approved, Paraiso would give us the kind of beach access and thoughtful amenities we've been missing, and we'd be able to stay right here where we are. The Paraiso management team is part of the community, and they generally listened to neighborhood feedback. And I'm pleased to see that some of the suggestions I made were incorporated into the design. So I fully support the project. I'm hopeful the County will agree that it will bring value to the area, not just to new members, but to long-time residents like us who want to stay connected to the community we've loved for decades. I'm planning to -- I have wonderful support for the project and look forward to a positive outcome. Thank you. CHAIRMAN SCHUMACHER: Thank you, Ms. Casper. MR. SABO: No further speakers. CHAIRMAN SCHUMACHER: Does anyone else want to be heard who did not sign to be heard? (No response.) CHAIRMAN SCHUMACHER: No, great. Rich -- I'll just ask you a question, Mr. Yovanovich. These memberships are going to be tied to deeds, or can the members sell their memberships to somebody else when they leave? Because people keep saying, "This membership is going to increase my home value." So I'm just trying to understand how that works. MR. YOVANOVICH: What I'm being told is if you buy a membership, you can sell it. CHAIRMAN SCHUMACHER: Okay. So you can sell your own membership? MR. YOVANOVICH: Is that right? CHAIRMAN SCHUMACHER: I need you to come up to the podium if you're going to speak, sir. MR. YOVANOVICH: The answer's yes, you can sell it. We don't have to get into the specifics, but yes. CHAIRMAN SCHUMACHER: Commissioner McLeod. COMMISSIONER McLEOD: Yeah, just to get an understanding of this membership, so membership will be limited based on capacity? MR. YOVANOVICH: Well, no. I think -- let's -- first of all, so we're not beating up on The Floridian Club, it's only 2,900 square feet. So it's very small, and, you know, you don't want to have -- you want to make sure people who are members can actually get to it. But we're going to sell -- we're going to sell memberships to -- we don't know the number, August 21, 2025 Page 32 of 33 but at the end of the day, it's all going to be limited to people who can either be inside or outside on the beach. COMMISSIONER McLEOD: Exactly. And then anyone can be a member. So it's kind of like first come, first serve. MR. YOVANOVICH: Well, anybody who can afford the membership fee. COMMISSIONER McLEOD: Well -- yeah, right. I couldn't be a member, but -- MR. YOVANOVICH: I don't know what the fee even is. But I'm saying people -- you know, we're not going to discriminate against people who -- I don't know if we're giving preferences or not. I don't know that we've figured that out yet. You know, I think economies of scale kind of makes some sense is if X community says, "We want to do this and it makes sense," then -- because, you know, we're not going to go pick up people at individual homes, you know. So it's going to -- we're going to have to figure that out how to do all that. COMMISSIONER McLEOD: So you're addressing the shuttle system? MR. YOVANOVICH: Yeah, we're doing shuttles. COMMISSIONER McLEOD: So -- and then -- yeah, which -- which communities are you going to be -- MR. YOVANOVICH: We don't know. We're going to -- we're going to have to figure all that out -- COMMISSIONER McLEOD: Okay. MR. YOVANOVICH: -- to where it makes sense. Because we have, obviously, limited ourselves because we're requiring shuttles. So we have to figure out how to make sure the shuttles are properly utilized to serve the members. COMMISSIONER McLEOD: Okay. Thank you. CHAIRMAN SCHUMACHER: Okay. We'll close the public comment, and let's open it up to staff report. Did you already go over that yet? COMMISSIONER SHEA: He did. CHAIRMAN SCHUMACHER: He did. All right. Staff went. So Board comment. So if there's no other comment, I'll take a motion to -- oh, I've got the number. COMMISSIONER SPARRAZZA: You read the number. CHAIRMAN SCHUMACHER: Motion to approve -- I should ask Ms. Martin to come up and pronounce it -- Paraiso Club, PL20240007340, and its companion conditional use of PL2024009700, motion to approve or deny? COMMISSIONER SHEA: So moved. CHAIRMAN SCHUMACHER: Motion to approve. COMMISSIONER SPARRAZZA: Second. COMMISSIONER COLUCCI: Second. CHAIRMAN SCHUMACHER: All in favor? COMMISSIONER COLUCCI: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN SCHUMACHER: (No verbal response.) COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: It passes unanimously. Thank you, Rich. MR. YOVANOVICH: Thank you. CHAIRMAN SCHUMACHER: Next item is old business. Do you have old business? New business? Anybody have any new business? (No response.) August 21, 2025 Page 33 of 33 CHAIRMAN SCHUMACHER: No. Is there any public comment, anybody that would like to be heard? (No response.) CHAIRMAN SCHUMACHER: There are no other public speakers? MR. SABO: No further public speakers. CHAIRMAN SCHUMACHER: That being said, I'd adjourn at 10:59 -- or 11 a.m., sorry. We'll see you on the 4th. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:00 a.m. COLLIER COUNTY PLANNING COMMISSION _____________________________________ JOSEPH SCHMITT, CHAIRMAN These minutes approved by the Board on __________, as presented ____________ or as corrected __________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC.