By Pam Nicholls, GSAC Board Member
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Opponents of the proposed Clam Pass Cove waterpark at Naples Grande Resort received a significant boost last week in their efforts to safeguard property values and maintain their quality of life. On April 17, the Pelican Bay Foundation (PBF) filed an administrative appeal to challenge Collier County’s Official Interpretation (OI), which would permit the waterpark to proceed without a Planned Unit Development (PUD) amendment. The Bay Villas Association, the neighborhood immediately adjacent to the resort, also filed multiple appeals against the County’s OIs, with both organizations asserting that the waterpark is fundamentally impermissible.

Last month, the County’s Zoning Division determined the waterpark was permissible. However, Pelican Bay Foundation, the master HOA of Pelican Bay, strongly disagrees with the County’s assessment that the waterpark constitutes a customary accessory use to the hotel and does not require a PUD amendment. PBF argues that the size and nature of the proposed waterpark far exceed what is typical for hotel amenities, representing a substantial material change in land use that should undergo public hearings and approval safeguards.

The appeal also challenges the County’s reliance on a “destination resort hotel” classification, a use not recognized in the PUD, as well as the concept of non-over-night guests using the amenity or any of the hotel’s amenities. For key points of the PBF appeal, go to Pelican Bay Property Owners.

Patrick Wack, President of the Seagate Property Owners’ Association, and a leader of the No Water Park Coalition, an alliance of over 10,000 residents, says the PBF appeal is very good news for property owners near the planned development. He warns that, if approved, the waterpark would create noise and traffic issues and deteriorate the character and quality of life of the surrounding communities.

He notes that developers are now attempting to minimize the scale of the project by referring to it as a simple hotel amenity. Despite previously calling it a water park in County filings and public presentations, the hotel has now shifted to describing it as a “pool amenity.”

According to Wack, this is misleading, as the proposed water park is substantial in scope and includes three 25-foot slides, a separate entrance pavilion with numerous lockers, a kids’ splash pad with four slides, a lazy river, a kids’ pavilion, a bar, and 80 loudspeakers.

“If it looks like a water park, splashes like a water park, and makes noise like it’s a water park, it’s a water park!” said Wack.

Both the PBF and the Bay Villas Association are awaiting hearing dates. It is not known at this time whether the appeals will be heard by the Hearing Examiner (HEX), the Board of County Commissioners (BCC) or both.

To keep on top of the process, go to the No Waterpark Coalition website, which has an excellent video illustrating the size and scale of the waterpark development.

To donate to the No Waterpark Coalition’s campaign to help with legal costs, go to GoFundMe.