The Collier County Planning Commission voted unanimously Thursday in favor of recommending rezoning an 11-acre property directly across from Terminal Drive leading to Naples Airport. The previously zoned agricultural property would allow for 15 single-family dwelling units in addition to 12 private boat slips to be known as the Rock Creek Estates Residential Planned Unit Development.
The property is outside Naples Airport’s flight paths and noise contour areas. However, airport officials expressed the need for a full avigation easement for the project, giving the airport rights to the project’s entire property, so residents can’t make claims for trespassing due to noise nuisances from overflying aircraft. Naples Airport had more than 100,000 takeoffs in 2022 and served more than 200,000 passengers.
Land-use attorney Rich Yovanovich, who is representing applicant and property owner Erik Mogelvang of Elah Holdings LLC, said the owner agreed to parts of the easement. The owner of the property will provide notice to potential property buyers that the location is close to an airport and the possibility of noise disturbance. He also agreed not to build higher than 150 feet, which includes landscape trees.
Naples Airport Authority Executive Director Chris Rozansky explained to the board why the project should be denied, citing worries new homeowners will add to the airport’s struggle with community noise complaints.
“We deal with [complaints] almost every day, and we try to mitigate noise impacts to the extent possible,” Rozansky said. “Yes, aircraft makes noise, and we know it can be disturbing to people. It’s not enough for us to say the airport was there first. There’s a quality-of-life factor that people who object commonly bring up. We believe that’s because people buy homes online. They don’t even look at the neighborhood around.”
A similar Naples Airport avigation easement was approved in 2022 with the Mini-Triangle Planned Unit Development. Those developers agreed to not build above 160 feet, disclosing to potential buyers an airport is less than a mile away from the property and to expect common noises and disturbances and that any crane usage for construction or maintenance must be approved by the Federal Aviation Administration. However, Rozansky said the airport authority seeks to be stricter with its easement for the Rock Creek development.
“I appreciate the predicament that they’re in, because people are complaining about the airport, but what should have happened is the airport authority should have bought up all the property around there to protect themselves, and they didn’t,” Yovanovich said. “But now they want to protect it by saying don’t approve the project.”
Planning Commissioner Robert Klucik recommended both parties compromise on the easement. After 30 minutes of discussion between the parties, Yovanovich and Rozansky agreed on an easement without going into any details.
The only public speaker was Chris Brown, who lives in the Brookside neighborhood just south of the airport. He expressed concerns about allowing 12 boat slips on Rock Creek, explaining the waterways are too narrow and shallow for 12 larger boats. During low tide, Rock Creek can become just 4 feet deep.
“Recently, I tried at medium tide to get to the spot where this proposed development was, and there are so many mangrove routes right down in the middle of the creek that it’s very difficult to get through there without getting hung up,” Brown said.
The developers are subject to a boat dock-extension process, which includes a public hearing in front of the board. The docks must adhere to state criteria allowing for walkways through mangroves. A bathymetric survey also is underway measuring the depth of the water body and mapping its underwater features as part of the county’s Manatee Protection Plan.
The easement agreement will be made formal, and the rezoning will be brought forward to the Collier County Board of Commissioners on Nov. 14.
