Collier planning board rejects proposal for apartments in conservation area at Fiddler's Creek

The Collier Planning Commission rejected a developer's controversial proposal to build apartments in a conservation area at Fiddler's Creek.

While unanimous, the decision to recommend against the project didn't come easily.

The hearing had extended into a third day, following two continuations in April and May to allow more time for testimony and board discussions.

Before its vote on Thursday, the board heard a rebuttal from the developer's land use attorney, who asserted the project's team had been nefariously and unfairly painted in a bad light by neighbors who oppose the project.

Rich Yovanovich argued that his clients hadn't done anything unethical or immoral in seeking to build on the land. The developer, he said, had been in active discussions with federal environmental agencies since 2019 to carve the property out for housing.

"We didn't play hide the ball," Yovanovich insisted. "We had communications, and we did everything we were asked to."

He urged the board to focus on the merits of the project, including its inclusion of affordable housing, and road improvements.

"It's a good project," Yovanovich said. "It's a needed project."

Before the closing arguments, Gary Oldehoff, the opposing attorney, who represents several homeowners against the apartments, pointedly cross-examined the developer's team of experts that testified in support of the project.

At times, the dueling attorneys frustrated one another, as they clamored to make their final points and arguments.

In the end, the advisory board voted 4-0 to recommend against the growth management plan amendment that would be required to build the apartments in an area known as "Section 29."

County commissioners will make the final decision, so the fight isn't over.

In case you missed it: Proposal to build apartments in a conservation area at Fiddler's Creek sparks concern, ire

More about the controversial project

Naples-based Gulf Bay Group of Cos., the developer of Fiddler's Creek, has proposed a four-story, 750-unit apartment complex on land neighbors believed would remain untouched by residential or commercial development in "perpetuity," or forever.

The plans include 225 rent-restricted units, to provide more affordable, workforce housing, addressing a critical shortage in the county.

County staff recommended approval of the project, mostly based on that public benefit, despite its controversial location.

It would be built off U.S. 41 East, requiring an extension and widening of Auto Ranch Road to reach it.

The closest neighbors include owners of single-family homes, some of whom back up to the preserve.

The roughly 50-acre development site is also close to environmentally sensitive properties, such as the 7,271-acre Collier-Seminole State Park, one of the largest mangrove swamps in the world, and the Rookery Bay Reserve, which protects coastland lands, water and wildlife.

Earlier: Collier board continues heated hearing on proposal to build apartments in conservation area

And: Collier board once again continues hearing on controversial apartments in conservation area

While there's a long history behind efforts to preserve, or at least limit development, in Section 29, planning commissioners seemed to mostly base their rejection of the apartments on location and timing.

Commissioner Paul Shea said the county's growth management plan shouldn't be changed unless there is a "benefit to the public as a whole." While the project includes affordable housing, which he described as the "hook," he said it's not appropriately sighted.

He listed a few reasons for his conclusion, including the fact that the property sits within a coastal high hazard area prone to flooding, and has limited access to public transportation.

Commissioner Chris Vernon said he agreed "100% percent" that the site is not a good place for affordable housing.

He commented that there was "high quality lawyering," with good arguments made on both sides, which made the decision tougher.

Although the project would bring much-needed improvements to Auto Ranch Road, Vernon pointed out those who live along it are still fighting the project, with fears about the added traffic it would bring.

"That's a country road," he said. "Without many residents."

While the developer's team argued the land isn't as valuable for preservation as other parts of Section 29 because it had been farmed for years, Vernon said it still "looks like it's part of the Everglades," and it still is for the birds, fish and other wildlife that use it.

For those reasons and more, he saw the project as incompatible.

Commission Chairman Edwin Fryer said in his mind the record was still "fuzzy" about what the developer did or didn't promise about Section 29, when it obtained more development rights in Fiddler's Creek from the county in 1998. He leaned toward the transcript, which seemed to suggest it would all be put under a conservation easement, never to be developed.

In all probability, he said, county staff would not have recommended in favor of it, but for the inclusion of affordable housing, because of the environmental sensitivity of the location. He suggested it would create "an island of affordable housing," and not represent smart growth.

He argued it's not the right place, or time for the project, saying the developer's team failed to show the immediate need for more affordable housing in the area to support employers, or workers.

"We have to operate in the present," Fryer said. "It's not fair for anyone to expect us to have a crystal ball, or to predict what is going to happen in the future."

Commissioner Robert Klucik appeared to be on the fence about the project, but after hearing from others on the board agreed not to support it. He acknowledged that some of his earlier criticisms of the developer and its failure to record conservation easements with the county were flawed, but he still saw the site as unfit.

After the vote, Yovanovich said: "At this time, we do not have a comment."

In a statement, neighbor John Erario, one of the most vocal opponents, said: "While we are very pleased with this outcome, there is still much work to be done."

He's one of the leaders behind The Save Our Preserve Group.

"Within the next few weeks our group will begin to organize a new effort to connect with and inform the county commissioners of the deep complexity that underlies the applicant's continuing pursuit to rezone and develop Section 29. We are hopeful that knowledge and truth will lead the county commissioners to the same conclusions reached by their planning commission," Erario said.

The planning board did recommend in favor of other minor and uncontroversial changes to the planned unit development and the development order for Fiddler's Creek.

While there wasn't much discussion about those changes, county staff recommended approval, saying they'd allow for more flexibility with land uses, but have little impact on the overall development.

With the modifications, the development would still be limited to 6,000 single-family and multifamily residences, as it is today.

This article originally appeared on Naples Daily News: Collier planning board rejects proposal for apartments in conservation area at Fiddler's Creek