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Commissioner Kowal Ex parte Items - Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 28th, 2025 ADVERTISED PUBLIC HEARINGS: 9.A. This item requires Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance for The Retreat Mixed Use Planned Unit Development (MPUD) to increase the maximum density from 740 dwelling units to 834 dwelling units, adjust acreage to 208.55+ acres, rename Tracts, revise development standards, and add deviations excluding Tract A. The subject property is located on the west side of Tamiami Trail North (US 41), % of a mile north of Wiggins Pass Road, and extends west to Vanderbilt Drive in Section 9, Township 48 South, Range 25 East, Collier County, Florida [PL20230015039] (2025-2913) XMeetings 9.B. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance to change the zoning from the Commercial Intermediate (C-3) zoning district to the Residential Multi-family-16 (RMF-16) zoning district to allow up to 16 multifamily dwelling units per acre for a total of 28 multifamily dwelling units. The subject 1.86± acre parcel is located on the west side of Tamiami Trail North (US 41) and bordered on the north by 93rd Avenue North and on the south by 92nd Avenue North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (PL20240013324, 9271-9295 Tamiami Trail North Rezone) (2025-3636) XMeetings Fe-mails SUMMARY AGENDA: Ex parte Items - Commissioner Daniel Kowal COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 28t1, 2025 17.A. This item requires Commission members to 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 rezoning property from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) for a project to be known as 8928 Collier Boulevard RPUD to allow for 92 multifamily residential dwelling units with Affordable Housing. The subject PUD, consisting of 9.49± acres, is located on the east side of Collier Boulevard (C.R. 951), approximately 1,300 north of the intersection of Collier Boulevard and Hacienda Lakes Parkway in Section 14, Township 50 South, Range 26 East, Collier County, Florida. [PL20230018397] (Companion item to Item 17B, GMPA- PL20230013845, Bonita Flores Residential Infill Subdistrict Growth Management Plan Amendment) (2025-3637) X NO DISCLOSURE FOR THIS ITEM All information has been filed electronically with Minutes and Records 1 Sarina Francis Subject:Meeting w/Bob Mulhere & Nancy Tolan; RE: The Retreat at Naples (PL-20230015039) Location:Commissioner Kowal's Office: 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 Start:Mon 10/27/2025 3:00 PM End:Mon 10/27/2025 3:30 PM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Dan Kowal Required Attendees:RMulhere@bowman.com; NTolan@ViLiving.com Optional Attendees:SKarol@bowman.com 1 Sarina Francis Subject:Meeting w/Lance Horn & Chris Thornton; RE: The Retreat at Naples PUDA (PL20230015039) Location:Commissioner Kowal's Office: 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 Start:Mon 10/27/2025 3:45 PM End:Mon 10/27/2025 4:00 PM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Dan Kowal Required Attendees:Dan Kowal; atessier@swflalaw.com Optional Attendees:Lance Horn; Christopher Thornton From:Anne Marie Dezio To:Dan Kowal Subject:Burger King Redevelopment Site Date:Monday, October 27, 2025 10:44:03 AM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Vice Chairman Kowal: I am blessed and privileged to own, with my husband, a beautiful home in Naples Park. I am a happily retired attorney who spent 25 years as a Court Attorney with the New York State court system. Part of my duties as a Court Attorney involved advising the Judge on new legislation (I guess old habits are hard to break). The reason for my inquiry concerns changes to the Live Local Act (“LLA”) dated June 24, 2025 (Senate Bill 1730), effective July 1, 2025, which allows the County to impose new height restrictions intended to protect single-family neighborhoods under certain conditions, and its possible impact on the project formerly known as the Mercato West — located at the Burger King site – referred to as 9271- 9295 TTN Rezone and/or future projects in Naples Park. These links set forth the new changes to the Live Local Act: • Live Local Act - Florida Housing Coalition (click on 2025 Live Local Act Overview, page 6) • Live Local Act Information | Fort Myers, FL - City Government While the new changes would benefit all of Collier County, I am focused on Naples Park. At the forefront of the discussion and decision-making process has been the alternative plan for a 100-foot tower being built on the Burger King site as a matter of right under LLA in the event the project is denied. As one Planning Commissioner stated at the September 18, 2025 meeting, “a 100-foot tower would be tragic for Naples Park”. By giving the County more authority to restrict the height of projects that impact single-family neighborhoods, the legislature has afforded additional protection to single-family neighborhoods, which potentially eliminates the 100-foot option. Based upon the foregoing, I would ask you to raise this matter with the County Attorney. Please forgive my delay in raising this issue, personal circumstances did not allow me to act earlier. Respectfully submitted, Anne Marie Dezio 611 94th Ave N Naples Park From:naples thoughts To:Rick LoCastro; Chris Hall; Burt Saunders; Dan Kowal; Bill McDaniel Cc:growthmanagement@colliercountyfl.gov; Nancy Gundlach; Timothy Finn; Richard Orth Subject:Request to Deny RMF-16 Rezoning for Mercato West Adjacent to Naples Park Date:Sunday, October 26, 2025 11:17:53 PM Attachments:Master Concept Plan.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Subject: Request to Deny RMF-16 Rezoning for Mercato West Adjacent to Naples Park Date: October 26, 2025 Dear Commissioners and Planning Commission Members, I am writing to express my strong opposition to the proposed rezoning of the parcel west of Mercato — from C-3 (Commercial Intermediate) to RMF-16 (Residential Multi-Family, 16 units/acre) — directly adjacent to Naples Park in District 2. This proposal is outlined in the official Collier County Planning application: Mercato West Rezone Application Application Number: PL20240013324 View Public Notice and Application Details While I understand the desire to introduce residential use along U.S. 41, I believe this proposal is incompatible with the character, infrastructure, and long-term vision of our community. I urge you to consider the following: Why RMF-6 Is More Appropriate Than RMF-16 — Even Along U.S. 41 1. Proximity to U.S. 41 Doesn’t Justify High-Density Zoning Although the site borders a major corridor, that alone does not warrant urban-scale density. U.S. 41 is already congested, and RMF-16 — which allows up to 16 units per acre and 50-foot buildings — would significantly increase traffic and strain local infrastructure. 2. C-3 to RMF-16 Is a Sharp Shift in Land Use C-3 zoning currently allows for commercial and mixed-use development that complements Naples Park with walkable amenities. Rezoning to RMF-16 removes this potential and replaces it with dense residential blocks, fundamentally altering the corridor’s role in the community. 3. RMF-6 Offers a Balanced Transition Zone Naples Park is already zoned RMF-6, which allows for single-family homes, duplexes, and small-scale multi-family buildings at a density of 6 units per acre. This zoning has guided the neighborhood’s development for decades and reflects its established character. If residential use is the goal for the parcel west of Mercato, RMF-6 provides a more appropriate transition from commercial frontage to the low-density residential core of Naples Park. It supports incremental growth without introducing mid-rise towers or doubling the density, and it maintains consistency with the surrounding zoning framework. 4. Community Character and Scale Matter Naples Park is a neighborhood of modest homes, very narrow streets, and limited parking. Many of our roads are grandfathered at just 18 feet wide, with no sidewalks running east- west, making it especially difficult for delivery trucks, service vehicles, emergency responders, and pedestrians to navigate safely. Residents often walk in the roadway, which poses safety risks — especially during peak season or construction activity. The inclusion of only 4 spaces for visitor/delivery for a high density 28-unit project only exacerbates this. 5. Infrastructure Is Already Under Strain Naples Park is currently undergoing extensive PUR (Potable Water, Utilities, and Reuse) infrastructure upgrades, which have disrupted roads and services for months. These projects are necessary to address aging systems — not to accommodate a sudden influx of high-density development. Additionally, while new development is subject to impact fees, these fees often do not cover the full cost of infrastructure improvements — especially in older neighborhoods like Naples Park where retrofitting is more complex and expensive. The financial burden of closing that gap frequently falls on existing residents and taxpayers. 6. Setback Implications and Visual Impact RMF-16 zoning allows taller buildings with deeper setbacks — but even with increased minimums, 50-foot structures positioned just 30 feet from the property line still pose significant impacts. A 5-story building at that distance does not preserve the scale or character of adjacent single-story homes. The sheer size and height would overwhelm the surrounding homes, casts long shadows, and erodes privacy for neighboring residents. Simply meeting a 30-foot minimum setback does not mitigate the disproportionate scale or the visual and spatial intrusion such height introduces. By contrast, RMF-6 which limits height to 35 feet is more compatible with existing lot sizes and street widths in Naples Park, preserving sunlight access, open space, and the character of a low-rise residential neighborhood. 7. Precedent and Planning Principles Approving RMF-16 here sets a precedent for high-density zoning along other stretches of U.S. 41 adjacent to residential neighborhoods setting the stage to introduce other 5-story buildings and hundreds of new units — out of scale with the existing fabric and incompatible with the infrastructure. That undermines long-term planning goals of preserving community character while managing growth responsibly. Conclusion Naples Park is not opposed to growth — but we believe it must be thoughtful, measured, and consistent with the neighborhood’s character. RMF-6 zoning offers a responsible path forward, allowing residential development while preserving the scale, livability, and infrastructure integrity of our community. I respectfully request that you deny the RMF-16 rezoning and consider RMF-6 or a mixed-use C-3 alternative similar to Mercato across the street that better aligns with the needs and values of Naples Park residents. Thank you for your time and consideration. Sincerely, Guy Kellam 745 99th Ave N naplesthoughts@yahoo.com 978-973-6844 From:Marsha O To:Dan Kowal Subject:"Mercato West" : A BETTER PROPOSAL Date:Sunday, October 26, 2025 3:08:37 PM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Commissioner Kowal I have sent the following letter to Ms Gundlach in planning to register my opposition to this project. I will send to your fellow commissioners as well, hoping they will read it before the BCC meeting This statement will be read at the BCC meeting on Tuesday by Susan Zehnder if the zoom connection in my car isn't working well enough . I hope my proposal and associated arguments can allow a path forward. I would be optimistic to expect the developer to accept this proposal at the meeting so I hope the BCC minimally tables the topic if necessary rather than approve it. I welcome any comments you have! Dear Ms Gundlach, Please register my opposition to this project (PL20240013324), formerly known as Mercato West. While the Future Use Map showing the general plan for the property in question is noted as "urban residential", it does not specify the residential zone. The applicant is requesting RMF-16, allowing 16 units per acre, and a building height of 50 feet. This density and height are not consistent with the houses that the property will directly border and creates a block of housing with 260% the density of this already densely populated neighborhood. The project proposes 4 floors with a height of 50feet. This is 4x the height of the houses bordering the property which means the adjacent residents will have the opportunity of this project to view all of their activities outside their homes. Even the 2025 amendment to Florida's Live Local Act recognizes that new affordable housing buildings bordering existing neighborhoods should blend into the neighborhood. It specifies that for projects bordering neighborhoods with at least 25 continuous homes (about 3000 in Naples Park) the height can be restricted to 150% of the height of adjacent buildings (all one story here) or 3 stories whichever is greater. I propose the rezone be to RMF-6, the same as the zoning of the neighborhood with which the project will become a part. This would allow 11 units on the site which likely are easily accommodated on two floors over a parking garage. This three story building will better blend with the neighborhood and be consistent with direction from the state. This approach not only allows this project to blend nicely with its newly adopted neighborhood it will set appropriate precedents for further conversion of properties over time from commercial to urban residential. Allowing RMF-16 will greatly distort the already dense neighborhood and will result in increasing avenue congestion as well as increased traffic congestion on the already heavily trafficked US 41, not a trend anyone will enjoy. Impact to infrastructure may also be negatively impacted as the corridor changes complexion. Rezoning to RMF-6 will mitigate these issues while executing the county's plan to convert properties along US 41 to urban residential over time. While a cut in units will initially be undesirable to the developer, the One Naples development provides instruction that return on investment can be achieved with lower density and height by providing desirable luxury and exclusivity. Recall the final decision by the Board of County Commissioners for One Naples was 140 units and two 125ft, 12 story towers vs the original proposal of 340 units and 22 story towers. Please require the project to change to rezoning to RMF-6, 11 units, 3 stories or deny the project. -- Sincerely, Marsha Oenick 705 99th Ave N 315-694-0546 -- • • •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 Zbn9 0JJ 0 J nun ,IlbI Sn 916 tit ol 0a12oj bnsi b92ogoit 2i o�fi�O.) y b/6 1 Jul" Avenue, Naples FL341U8 1610-5/4-2613 I wislerpw@gmad.com 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, hili i�l�r 0 s r N T M 1 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 caution when opening attachments or clicking links. Horse Trials Paraiso Club Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.