Commissioner KowalEx parte Items – Commissioner Daniel Kowal
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 14, 2025
BOARD OF ZONING APPEALS:
8.A. *** This item to be heard at 1:00 PM. *** This item requires that Board members
provide ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve a
Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a
waiver from the minimum required separation of 500 feet between facilities
with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code,
for fuel pumps at a Costco Wholesale, with resulting separation of 132 feet from
the property line of the existing 7-Eleven. The property is located in the
Commercial Tract of the Hacienda Lakes Mixed Use Planned Unit Development
(MPUD) located at the southeast corner of the intersection of Collier Boulevard
and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26
East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262 acre
MPUD. (PL20240011790) (This Item is a companion to 9.A. PDI-PL20240011559)
(2025-3533)
Meetings Correspondence e-mails
ADVERTISED PUBLIC HEARINGS:
9.A. *** This item to be heard at 1:00 PM. *** This item requires that Board members
provide ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 11-41, as amended, the Hacienda Lakes
Mixed-Use Planned Unit Development, to approve an insubstantial change to
the PUD, to add deviations for relief from the Collier County Land Development
Code relating to architectural glazing standards, building façade massing, light
fixture heights, loading spaces, landscape standards for interior vehicular use
areas, and signage, and providing for an effective date. The subject parcel is in
the Commercial Tract of the MPUD located at the southeast corner of the
intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23,
Township 50 South, Range 26 East, Collier County, Florida, consisting of +/-25.86
acres of the +/-2,262 acre MPUD. (PL20240011559) (This Item is a comp
Meetings Correspondence e-mails
Ex parte Items – Commissioner Daniel Kowal
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 14, 2025
9.B. This item requires that ex-parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve an Ordinance rezoning real property from
Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist (RT)
zoning district within the Vanderbilt Beach Residential Tourist Overlay (VBRTO)
zoning district for a project to be known as Paraiso Club. The subject 1.35± acre
beachfront property is located along the Gulf of America on the west side of
Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview
Avenue, in Section 29, Township 48 South, Range 25 East, Collier County,
Florida. [PL20240007340] (This Item is a companion to 9.C., PL20240009700,
Paraiso Club Conditional Use) (2025-2927)
Meetings Correspondence e-mails
9.C. This item requires that ex-parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve a Resolution for a Conditional Use to allow a
Private Club within a Residential Tourist- Vanderbilt Beach Residential Tourist
Overlay (RT-VBRTO) zoning district pursuant to Section 2.03.02.E.1.c.5 of the
Collier County Land Development Code. The subject 1.35± acre beachfront
property is located along the Gulf of America on the west side of Gulf Shore
Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in
Section 29, Township 48 South, Range 25 East, Collier County, Florida.
[PL20240009700] (This Item is a companion to 9.B., PL20240007340, Paraiso
Club Rezone) (2025-2922)
Meetings Correspondence e-mails
Ex parte Items – Commissioner Daniel Kowal
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 14, 2025
SUMMARY AGENDA:
17.B. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to
be sworn in. Recommendation to approve an Ordinance amending Ordinance
Number 10-06, as amended, the Magnolia Pond Planned Unit Development
(PUD), to increase the number of dwelling units from 231 to 550 with an
Affordable Housing Agreement, to increase the maximum building heights, to
add deviations, and to revise the Master Plan; and by providing an effective
date. The subject property is located within the Collier Boulevard Interchange
Innovation Zoning Overlay (CBIIZO) and partially within the Wellfield Risk
Management Special Treatment Overlay Zones W-3 and W-4. The subject
property, consisting of 47.05± acres, is located on the north side of Interstate I-
75, ½ mile west of Collier Boulevard (CR 951), and is bisected by Magnolia Pond
Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida.
[PL20240010833] (2025-2917)
NO DISCLOSURE FOR THIS ITEM
All information has been filed electronically with Minutes and Records
• • •F LV--• •F •
:)f Haciendaam begging younot • let the Costco build
corn F ol XIMMI• • TIIIICA UITZO
• .•.inst Costco but • not place for•
storeof •- you • been down here, please
Jown here. The cars that use this road already and these ne
zommunities that have notbeen occupied • • •
zontend with,.' • there are more to come.1 • says that
they attract 4500 shoppers per day, you have a hospital right
,
next door. A hospital l l l l People needing to get therefor
emergencies competing with people who are competing to get
their roast chickensi l I hear the med flight helicopters landing
at the helipad which will be in the flight path of the Costco Do
we honestly need another big gas station down here? This is all
next to a hospital l l l People are trying to heal and you will be
subjecting them to dust, noise, lights, perhaps blasting, please I
am truly begging you to reconsider this plan. I heard on Wink
news that building dust causes dementia, do we really need to
add that to more people in Naples. How many Costco's are next
door to a Hospital? I am begging for common sense and
compassion.. There are 5 nursing communities within steps that
bring patients to Physician's Regional constantly. Should they
have to compete with the congestion that you would be
allowing there? People will go wherever the new Costco ends
up. There is plenty of room going down the East Trail, run a Cat
bus route there and people will go. The Estates are screaming
for gas stations and they have the land, suggest Costco go there.
I am surprised that the Fire station nearest this proposed land
doesn't have something to say. People don't stop for the fire
trucks or ambulances down in Naples, they speed up, they run
lights, it is like Indianapolis Speedway on Collier already and
season hasn't started and all those homes haven't even started
to be occupied. We have enough accidents down herel
As a resident, with the trees being knocked down we have
already been subjected to more noise pollution. If you could
please put yourself in our situation as a homeowner, what we
bought is changing constantly. People hear that Costco is
coming and they walk away from our real estate. you wouldn't
want that for your investment.
PLEASE, Vote No to Costco at Rattlesnake Hammock and Collier
Blvd.
Thank you,
Kim Cummings
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September 8, 2025
Commissioner Kowal
Collier County Commissioner, District 4
The Collier. County Board of County Commissioners
3299 Tamiami Trail East
Suite 303
Naples, FL 34112
I have reviewed materials concerning the application for conditional use and rezoning
necessary to permit construction and operation of the Paraiso Club (the "Club") compiled by
the Collier County Planning Commission (the "CCPC"). While I am sure there are specific
notices required when the public must be, bylaw, alerted to significant permitted use
changes like the Club, I for one was unaware of the Club. Like many others folks, I did not
learn about the Club until publication of the Naples Daily News article describing CCPC's
approval of the Club. I pay close attention to a variety of news sources, including
commissioner newsletters, but knew nothing about this project. I think it is time to revisit the
process used to undertake public notice. It seems to be broken. In any event, having gone
through CCPC's materials, I noted, among other things, that no letters of objection were
included so I am providing this letter in advance of your meeting on October 14t"e Despite
having a sense of fait accompli and powerlessness in this matter, I feel it is important to let you
know why I object to the Club.
I am sure the beach use proposed by the Club is in direct violation of Collier County Code of
Ordinances, Certainly, the proposed use of the beach by the Club violates provisions of
Chapter 146, Article IV. - Vanderbilt Beach Customary Use. The Club will, at a minimum,
violate Sections 146-94, 146-96, and 146-9/ which cover "Right to Recreate" "Obstruction of
Vanderbilt Beach", and "Posting of Beach" respectively. Once constructed, historical users
(local residents/taxpayers and tourists) of Public Access #4 will no longer be able to use the
did ant (sea csrd)of the Club as envisioned and protected by Section 146-94. That
have been overtaken by Beach chairs, Umbrellas, Cabanas, ..... extended to the
of the water„ (See #13,`CCPCExhibit A -Conditions of Approval, Paraiso Club
riditia al Use PL20240009700). The placement of all of the Club's beach paraphernalia will
early be conscious, deliberate, and largely permanent (except for when removed for
-1111,
beach grooming or beach replenishment paid for by public tax dollars or performed by
Collier County resources ..0 which of course is outrageous). These assets of the Club, which
cannot be used by the public, clearly constitute a barrier or restraint as envisioned by Section
c
146-96 (no obstruction) and are the most effective sign, marker, or warning the Club could
11
erect to make it clear that this area is private, a violation of Section 146-97 (no posting).
21
I believe the observations above are inescapable conclusions. Our finite beach resources
and access to them by an one with a notion to use them are so precious that you need to
be held accountable to the oath "to well and faithfully perform the duties of their office".
These duties include upholding and defending the County's code of laws and ordinances.
The Ordinances of Chapter 146 need to be upheld and defended by you. I am asking that
you vote "no" to the Club and prevent its discriminatory/illegal use of this public space,
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Sarina Francis
Subject:Meeting w/David Tingley; RE: Paraiso Beach Club
Location:Commissioner Kowal's Office: 3299 Tamiami Trail East, Suite 303, Naples, FL 34112
Start:Mon 10/13/2025 3:00 PM
End:Mon 10/13/2025 3:30 PM
Recurrence:(none)
Meeting Status:Meeting organizer
Organizer:Dan Kowal
Required Attendees:Dan Kowal; david@paraisoclubusa.com
Optional Attendees:Dave Tingley
1
Sarina Francis
Subject:FW: Meeting w/Commissioner Kowal re: BCC AGENDA ITEMS
Location:3299 Tamiami Trail E #303
Start:Mon 10/13/2025 12:30 PM
End:Mon 10/13/2025 1:00 PM
Recurrence:(none)
Meeting Status:Accepted
Organizer:Richard Yovanovich
-----Original Appointment-----
From: Richard Yovanovich <ryovanovich@cyklawfirm.com>
Sent: Wednesday, October 1, 2025 3:53 PM
To: Richard Yovanovich; Sarina Francis
Subject: Meeting w/Commissioner Kowal re: BCC AGENDA ITEMS
When: Monday, October 13, 2025 12:30 PM-1:00 PM (UTC-05:00) Eastern Time (US & Canada).
Where: 3299 Tamiami Trail E #303
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
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Horse Trials
Paraiso Club
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••---• CITY OF NAPLES
p� a; OFFICE OF THE CITY MANAGER
ON THE t
}'; GULF ;r 735 EIGHTH STREET SOUTH
°.a 0' NAPLES,FLORIDA 34102
(239)213-1030
October 14, 2025
Chairman Burt Saunders
Commissioner Chris Hall
Commissioner Dan Kowal
Commissioner William McDaniel
Commissioner Rick Lo Castro
Dear Chairman Saunders and Commissioners,
Re: BOCC Meeting of October 14, 2025, Agenda Item: Recommendation to consider directing the
Zoning Director to sign a Florida Housing Finance Corporation "Local Government Verification that
Development is Consistent with Zoning and Land Use Regulations" form in accordance with Florida
Statutes 125.01055. "Gallery at Naples, LLC"
I am writing on behalf of the Naples City Council, following direction provided to me late yesterday
at the conclusion of a Council Workshop. While we are not expressing a position on the merits of the
proposed 120-unit affordable housing development at 1465 Golden Gate Parkway (a 2.03-acre site),
we do wish to reaffirm our support for the broader goal of increasing affordable housing in our
community.
However, we are deeply concerned that the established and valued process of community involvement,
conducted through open and transparent public dialogue, appears at risk of being bypassed in this
instance. This is especially troubling given the size, scope, and limited public awareness of the project,
which is located directly adjacent to the City's borders.
We have recently convened a meeting between City and County planning staff to promote greater
information exchange and collaboration. Yet, the supporting documentation provided for this particular
agenda item is notably limited. We are concerned that any action taken today could inadvertently hinder
the City's ability to engage meaningfully in the project's development process moving forward.
As you are aware, this project will require the City to provide critical services, including water, police,
fire, and rescue support for approximately 120 families. Unfortunately, at this time, insufficient
information is available on this project to assess the potential demands on these services or determine
our capacity to meet them.
Additionally, this is a unique lot configuration surrounded by distinctive and heavy traffic patterns. We
are concerned about the traffic and access implications associated with this development, given the
constraints of the proposed site. We currently lack the necessary data, given the limited information
available on this project, to evaluate these impacts.
Ethics above all else•Service to others before self• Quality in all that we do
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Moreover, the City is in the midst of conducting a comprehensive and scientifically grounded traffic
study, which has already highlighted significant strain along the Goodlette-Frank Road corridor, a
situation that this project is likely to exacerbate.
For these reasons, we respectfully request that, regardless of any action taken today, the Board of
County Commissioners require the project's developer to provide the City and the broader community
with a meaningful opportunity for input should the project proceed.
Thank you for your consideration.
Sincerely,
7-7
Gary L. Young
City Manager
735 8th St. S — Naples, FL 34102
gyoung@naplesgov.com
PHONE: 239-213-1030
Ethics above all else •Service to others before self• Quality in all that we do
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