A Florida golf community that was supposed to have a course 'in perpetuity' now has to weigh buying it
03/11/2023 16:12
EAST NAPLES, Fla. – A straw vote will give residents of Riviera Golf Estates a voice in the future of the community’s golf course, but it won’t be binding.
After asking for tweaks to the language, Collier County commissioners recently decided to move forward with an opinion poll. It’s a step toward finalizing a proposed settlement that would stop a developer from building on the former golf course, off County Barn Road in East Naples.
The poll in the form of a survey, will hit mailboxes of hundreds of residents in the 55-plus community, where there are 692 homes.
They will be asked whether they support setting up a special district to purchase and maintain the golf course property as passive, open recreational land, and funding it through annual assessments divided among the lot owners in the community, based on their benefits.
Many residents have expressed concerns about the fairness and affordability of the assessments, which county staff is still finalizing in an attempt to ease the burden.
One of the opponents is Marianne Herndon, who told the commission she’s struggling to live day by day.
“You decide do you want dinner, do you want your medication,” she said. “I mean, you have got to remember who you are dealing with here.”
In February, the owners of the golf course property filed a claim under Florida’s Bert Harris property rights act.
La Minnesota Riviera LLC applied to build houses on the 94-acre site, but in their claim they alleged they’d been “inordinately burdened” by the county’s rules for rezoning a golf course.
In April, commissioners voted to explore a compromise that would resolve the $14 million claim, prevent a lawsuit – and put a stop to development.
More about the proposed settlement
Under the settlement, hashed out in a mediation hearing this spring:
- The county would pay the owners $5.8 million for the property, plus closing costs
- A special district would be created to reimburse the county for the purchase
- The district would assess owners in the Riviera subdivision to pay the county back
- Ultimately, the district would own the property
- The district would maintain the property and pay for any improvements or repairs
The county hired Carroll & Carroll to determine how residents might be assessed to reimburse the county for its purchase and related acquisition costs, and to cover the current and ongoing maintenance of the property.
Over 10 years, the consultant proposed annual assessments ranging from a high of $2,602.13 to a low of $1,542.77, with owners of single-family homes located on the golf course and in a cul-de-sac paying the most, and owners of mobile homes not fronting the golf course paying the least.
Under the proposal, about 64.3% of the costs would be borne by single-family homeowners.
After some residents complained about the amount of the assessments, especially for seniors on limited incomes, commissioner Bill McDaniel asked staff to rework the numbers, by stretching payments over 15 years, instead of 10, to make them more affordable. Staff is still working on those changes, which will be detailed in the mail-outs.
During discussions at the last commission meeting, McDaniel emphasized that the county is trying to work with residents. While acknowledging the financial burden, he pointed out the purchase is of benefit to them.
“This board has the right to buy this piece of property, create this special district, and tell you what you have to pay back. We could do that. We’d rather not do that,” he said.
He described the straw poll as just another step in the process that will help commissioners make their final decision on how to resolve the Bert Harris claim.
“We are still a long ways down the road before a decision is going to be made on this acquisition,” he said.
Survey results likely to be unfavorable
Based on what commissioners have heard from many of the community’s residents through emails and other communications, they questioned whether the non-binding survey was even necessary, as they don’t expect a majority of owners to favor the proposal.
“I would be flabbergasted if this passed,” commission chairman Rick LoCastro said.
However, he still saw it as a necessary part of the process to resolve the property rights dispute.
He noted it’s a “big investment,” but stressed that it’s not feasible for the county to buy a golf course for nearly $6 million, then “assess everyone $50 a month” for it.
The homeowners association’s board failed to muster enough votes from its members to purchase the property for less money more than five years ago. Its bylaws require a two-thirds vote to do so, on its own.
Ultimately, commissioners unanimously agreed to go ahead with the poll, to “get the temperature of the community,” with the motion to proceed made by commissioner Dan Kowal, whose district includes Riviera Golf Estates. He said he wanted to see “where we land with the community.”
McDaniel seconded the motion, describing the poll as a “litmus test” that will help determine the county’s next steps.
Commissioner Burt Saunders said no matter the results, he wanted the county attorney to bring back more information on possible alternatives to avoiding a lawsuit.
“I understand the resolution of that may be that they can do some development on the property, but we need to know what the implications are if they proceed with the litigation of the claim,” he said.
County Attorney Jeffrey Klatzkow said if a settlement isn’t reached and a lawsuit is filed, he’s prepared to defend the ordinance that prompted the claim. He questioned the viability of developing the property.
“I’m not worried about this lawsuit,” he said. “Not one little bit.”
A bit of history
La Minnesota Riviera sued the county in December 2019 over its new requirements for rezoning a golf course, contending many of them are “egregious and confiscatory.” They alleged newly adopted regulations in 2017 had “eliminated all economic value” of the property and “rendered it worthless,” seeking millions in damages.
The owners voluntarily withdrew the complaint a few months later. The move came after the county filed a motion to dismiss, contending the plaintiffs had fundamentally misunderstood the rules and had no basis for filing the suit when they had yet to submit an Intent to Convert application, or a rezone application for the golf course.
Later, La Minnesota Rivieria filed an application to convert the golf course, with plans to build more than 300 homes on the property. The required outreach meetings drew ire not only from its closest neighbors, but other county residents, who packed the house in opposition, with concerns about the impacts and lack of details.
More:Riviera Golf Estates golf course redevelopment draws hundreds in protest
La Minnesota Riviera, a corporation based in Lilydale, Minnesota, purchased the public golf course for $4.8 million in 2005.
The course closed temporarily in 2017 after losing money for years. After reopening, it operated until April 2022.
Nearly 20 years ago, a local established developer, MDG Capital Corp., came to an agreement with a group of five investors with La Minnesota to buy the land as long as county commissioners agreed to rezone the course for homes.
Those plans fell through after a group of residents fought them, contending a paragraph at the end of the original contract signed when Riviera Golf Estates was created in the 1970s guaranteed the golf course would be there “in perpetuity.”
Residents have been fighting to save the fairways and greens in their backyards ever since.
La Minnesota has attempted to sell the property a few times, with no luck.
