CCPC Resolution of Denial 2014-02 CCPC RESOLUTION NO. 14 - 021
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION RELATING TO THE DENIAL OF PETITION NUMBER
BDE-PL20130001765 FOR A 32-FOOT BOAT DOCK EXTENSION OVER
THE MAXIMUM 20-FOOT LIMIT ALLOWED BY SECTION 5.03.06 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL
PROTRUSION OF 52 FEET TO ACCOMMODATE A 42 SLIP MULTI-
FAMILY DOCKING FACILITY FOR THE BENEFIT OF A 19.06 +/-
ACRE PROJECT TO BE KNOWN AS HALDEMAN'S LANDING IN
SECTIONS 11 AND 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed,
has held a properly noticed public hearing and has considered the advisability of a 32-foot
extension over the maximum 20-foot limit provided in LDC Section 5.03.06 to allow for a total
protrusion of 52 feet into the waterway for a boat dock facility in a Residential Multi-Family
(RMF-6(3)) zoning district for the property hereinafter described; and
WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and
arrangement have not been made concerning all applicable matters required by LDC Section
5.03.06; and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Commission at a public hearing, and the Commission has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA,that:
Petition Number BDE-PL20130001765, filed on behalf of Standard Pacific of Florida,
G.P., Inc. by Timothy Hall of Turrell, Hall & Associates, with respect to the property described
in the Attached Exhibit "A", be and the same is hereby denied in accordance with the recordof
the public hearing before the CCPC on June 19, 2014.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
Haldeman's Landing fka Fishermen's Village
BDE-PL20130001765—6/24/14 Page 1 of 2
The motion for approval failed for lack of a majority vote, with a vote of 2 in favor and 2
opposed.
Done this 1 9 .44A day of -31A , 2014.
ATT . : COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
r / /-loroted;6.
Nick Casalanguid.rministrator Karen Homiak, Vi -Chairwoman
Growth Management Division
Ap•roved as to form and legality:
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A-Legal Description
13-CPS-01277/31
Haldeman's Landing fka Fishermen's Village
BDE-PL20130001765—6/24/14 Page 2 of 2
OR 4938 PG 1563
EXHIBIT"A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER,
STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE
25 EAST, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 50
SOUTH, RANGE 25 EAST AND THE WEST 330.00 FEET OF LOT 42, NAPLES GROVES AND
TRUCK CO.'S LITTLE FARMS NO. 2 AS RECORDED IN PLAT BOOK I, PAGE 27, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION 14;THENCE SOUTH 00° l3'02"
EAST, 1331.46 FEET ALONG THE WEST BOUNDARY OF GULF SHORES, AS RECORDED IN
PLAT BOOK 4, PAGE 50 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO. 2,
THE SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO
THE NORTHEAST CORNER OF WINDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11
THROUGH 15 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID
WINDSTAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330.45 FEET; THENCE
NORTH 00° 13' 07" WEST, 462.39 FEET; THENCE NORTH 89° 35' 11" EAST, 30.47 FEET;
THENCE NORTH 00° 13' 07" \VEST, 1389.23 FEET; THENCE SOUTH 89° 34' 18" WEST, 314.39
FEET;THENCE SOUTH 68°04'16" WEST, 50.12 FEET; THENCE LEAVING THE BOUNDARY OF
SAID WINDSTAR, NORTH 00° 17' 06" WEST, 197 FEET, MORE OR LESS, ALONG THE WEST
BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION II TO THE SOUTH BANK OF HALDEMAN
CREEK; THENCE MEANDER EASTERLY ALONG SAID SOUTH BANK TO ITS INTERSECTION
WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11 AND THE WEST
BOUNDARY OF DEMERE LANDING AS RECORDED IN PLAT BOOK 4, PAGE 14, OF SAID
PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG
SAID QUARTER SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING TO
THE SOUTHWEST CORNER OF SAID DEMERE LANDING AND THE NORTHWEST CORNER
OF LOT 42 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO. 2; THENCE
NORTH 89° 30' 34" EAST, 330.00 FEET ALONG THE SOUTH BOUNDARY OF SAID DEMERE
LANDING AND THE NORTH BOUNDARY OF SAID LOT 42;THENCE SOUTH 00° 18' 15" EAST,
337.30 FEET, PARALLEL WITH THE \VEST BOUNDARY OF SAID LOT 42, TO THE SOUTH
BOUNDARY OF SAID LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES;
THENCE SOUTH 89° 27' 51" WEST, 330.00 FEET, ALONG THE SOUTH BOUNDARY OF SAID
LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST
CORNER OF SAID LOT 42, THE NORTHWEST CORNER OF SAID GULF SHORES AND THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11; THENCE SOUTH 00° 18' 15"
EAST, 334.79 FEET ALONG SAID QUARTER SECTION LINE AND THE WEST BOUNDARY OF
SAID GULF SHORES TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER
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OR 4938 PG 1564
SECTION LINE OF SAID SECTION 14,SOUTH 00°13'07" EAST 1001.74 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE
NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00°13'07" EAST 329.53 FEET; THENCE
SOUTH 89° 35'14" WEST 330.47 FEET; THENCE NORTH 00°13'07" WEST 329.53 FEET; THENCE
NORTH 89°35'14" EAST 330.47 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM THE PRESENT OR FORMER BEDS OR BOTTOMS OF
LAKES, RIVERS, CANALS, OR OTHER BODIES OF WATER LOCATED ON OR WITHIN THE
LANDS DESCRIBED HEREIN,
PARCEL 2:
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER
SECTION LINE OF SAID SECTION 14, SOUTH 00° 13'02" EAST, 1001.74 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE
NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00° 13' 02" EAST, 329.53 FEET; THENCE
SOUTH 89° 35' 14" WEST, 330.47 FEET; THENCE NORTH 00° 13' 07" WEST, 329.53 FEET;
THENCE NORTH 89°35' 14" EAST,330,47 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
THE WEST 140 FEET OF LOT 47 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE
FARMS NO. 2, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 27, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 30 FEET
THEREOF AS CONVEYED JUNE 20, 1957 BY DEED IN BOOK 11, PAGE 120 FOR EASEMENT
FOR RIGHT OF WAY AND ROAD PURPOSES.
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ORLDOCS 1 2976704 1 29259.0004
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