Luxury condos going to Naples City Council; planning board has issues with airport deal

A 37-unit luxury condo community in The Commons off North Goodlette-Frank Road will go before Naples City Council in February with suggested conditions from the city's Planning Advisory Board.

The proposed condos – to be called Inlet Quay – along the Gordon River commanded nearly four hours of the Planning Advisory Board's attention on Wednesday. Board members had questions and concerns about existing boat docks and updates that were not part of the site plan; the condition of the lake that serves The Commons Planned Unit Development (PUD) that is mostly made up of professional offices; and an agreement with the Naples Airport Authority over noise notifications.

"I wonder whether this is the right place for a residential community," board member John Cross said. "I believe it (the property) is somewhat unique. It is in very close proximity to the airport … and with the avigation easement, which appears to limit the rights of owners forever to complain."

Wheaton, Illinois-based T2 Capital Management LLC through Good Naples I LLC is applying to build the condo community, which will include lanais with views of Gordon River, mangroves and the Gordon River Greenway. It also will include first-floor garage parking; a pool and spa; a rooftop lounge for residents, a putting green, a boardwalk connection to the river and the existing 19 boat slips.

Located in The Commons professional park, Inlet Quay, at 750 Goodlette Frank Road, is situated north of Charlie C. Anthony Park, separated by the Gordon River waterway and west of Naples Airport. The north boundary includes an adjacent mangrove preserve with an existing boat marina located on the river.

Approved with conditions

The board voted unanimously to recommend approval to City Council with conditions.

Those conditions include prohibiting expansion of the boat slips from the current 19 that are permitted, limiting usage of the docks and boat slips to Inlet Quay residents, prohibiting owners and their successors from trimming the protected mangroves beyond what is allowed under the current conservation easement, asks that the lake be tested under the standards of the environmental resource permit, and requires Inlet Quay to rescind the avigation agreement with consent from Airport Authority and make the notifications part of the condo documents by Inlet Quay instead of a recorded document via the avigation agreement.

The applicant's attorney John Passidomo said the conditions are reasonable. He couldn't guarantee the Airport Authority would agree to rescind the avigation easement."I’m confident that if council feels the way I feel and many of us, that the airport authority regardless of its legal status, will reconsider," said Board Chairman Bruce Selfon, who added the condition.The easement, signed by the property owner, provides passage of aircraft in the air space above the height of one hundred fifty (150) feet over the ground level of the property. It also includes height restrictions for trees and landscaping and prohibits the property on which the condo community sits from being used in any manner that could disrupt or create a hazard for planes or the operation of the airport.

In the agreement also is a disclosure requirement to condo owners, the first owners and all owners after that. The easement says a disclosure about the airport must be included in all declarations of condominium and 'similar instruments,' including sales contracts, leases and any document transferring any interests.The disclosure must say the airport is 1,140 feet from the property and residents can expect all the usual airport noise.

The easement is perpetual as long as the Naples Airport property is used as an airport.

Interpreting the easement as silencing owners

Selfon and Cross interpret the easement as a restriction of owners to voice concerns about airport noise."I would have preferred instead of an avigation easement that the developer (would simply voluntarily agree) to put the notice in the condo documents," Selfon said. "Instead of somehow compromising that they can’t come and complain about the airport."

What will Airport Authority say?

Although the proposed condos aren't within the airport noise contour – an area where noise levels are projected – Airport Authority Executive Director Chris Rozansky anticipated noise complaints and problems, which is why he insisted on an avigation easement. In return, the Airport Authority agreed not to oppose the project.

"We believe it’s beneficial to the airport authority and to the developer to have a recorded instrument letting all future residents know they will be subject to noise and nuisance from the neighboring airport," Rozansky said at a December Naples Airport Authority meeting.

Reached by email Wednesday, Rozansky said he had no comment on the board's condition and discussion of the airport authority and needed more information from the city. Rozansky did not attend the meeting.

Mitigating airport noise

Board members also asked what the builder was doing to help residents with the noise.

Matthew Kragh, principal with Naples-based MK Architecture, said using enhanced insulation and insulated glass will help. He also pointed out that some of the lanais will face the airport, which will be a draw from some people who enjoy sitting and watching the planes.

"I have great experience in designing structures near airports," Kragh said. "The biggest problem we have with these condominiums is the concrete in these buildings. These are amazing structures. They are appropriate to go next to these airports. If your windows are closed, you aren’t going to hear much at all."

City Council will consider the Inlet Quay site plan Feb. 22.

Earlier: Naples luxury condos proposed along Gordon River; airport authority inks deal with developer

This article originally appeared on Naples Daily News: Proposed luxury condos to go before Naples council in February