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HEX Backup 02/11/2016
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS FEBRUARY 11, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,FEBRUARY 11,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BD-PL20150001119—Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County,Florida. [Coordinator:Eric L Johnson,AICP, CFM,Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN HEX 2-11 -2016 BD—PL20150001119 ISLES OF CAPRI Ann P. Jennejohn From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Tuesday, January 12, 2016 12:21 PM To: Minutes and Records Cc: JohnsonEric;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: 23 W Pelican St Advertisement Request Attachments: 23 W Pelican St Newspaper Request.docx; 23 W Pelican St (2x3) Map.pdf; Signature Page.pdf Good afternoon, Please advertise the petition attachments for the 23 W Pelican St Boat Dock Extension for the February, 11, 2016 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department- Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Co er Comity Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, January 12, 2016 12:25 PM To: 'BeasleyRachel';JohnsonEric (EricJohnson @colliergov.net) Cc: Neet, Virginia; Rodriguez, Wanda Subject: RE: 23 W Pelican St Advertisement Request Hi Rachel, I'll get your ad processed and sevtd a proof for staff's approval a.s.a.p. Mavtk you! Avwt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept From: BeasleyRachel [mailto:RachelBeaslev@acolliergov.net] Sent: Tuesday, January 12, 2016 12:21 PM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: 23 W Pelican St Advertisement Request Good afternoon, Please advertise the petition attachments for the 23 W Pelican St Boat Dock Extension for the February, 11, 2016 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 January 12, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22. 2016. and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee si ature for HEX dvertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,February 11, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. BD-PL20150001119 —Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 1 411" O O m )k61-4 co > 411O N pi,,, , lipi 1111 ;:)) plitie O 11141 e.z N • 03 (S.R.- 951) COLLIER BOULEVARD N wiE,..............7.....................- lir o OD C Z C) W -1 O -< N P 01044 illi 1— xi co N Acct #076397 January 13, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD-PL20150001119 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, January 22, 2016 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 January 13, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22, 20161 and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401,Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 11, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: PETITION NO. BD-PL20150001119 — Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida r O o P� 73 NIIIr > ■ O 'I, n N ♦ yr �m • 73 1 N A - ___Ni .. l� A ._ ° r 'cy 5 -0 D J k.J O L Ili 03 p rn � 4114 Z •' (S.R.- 951 �S.R. ) _- COLLIER BOULEVARD 1■ ir lot94", ..m a-, i 0 > C A MO -C 2 P 00 x, cm ao V) Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,January 13, 2016 12:32 PM To: Naples Daily News Legals Subject: BD-20150001119 (Display Ad w/MAP) Attachments: BD-PL20150001119.doc; BD-PL20150001119.doc; BD-PL20150001119.pdf Please advertise the attached Display Ad (w/MAP) ort Friday, January 22, 2016. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept 1 Ann P. Jennejohn From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday, January 14, 2016 2:25 PM To: Ann P.Jennejohn Subject: Proof 891557 Attachments: NDNB891557.pdf Please find proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nuptre attTeWS PillOSSNOWSCOM PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 11, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20150001119 — Beth Murphy and John Morrissey- Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 'T r iiF 1 0 "� MARCO SHORES 30 rn COUNTRY CLUB 1 28 �m cc 11:Zy ROOKERY BAY y giii "fit F.,,,c .,... /.,,e, ...id d''.,4--tsc'PRi PROJECT � �Wil �� LOCATION } 111C ,,loi All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.891557 January 22.2016 Ann P. Jennejohn From: Neet, Virginia Sent: Thursday, January 14, 2016 3:24 PM To: Ann P.Jennejohn; BeasleyRachel;JohnsonEric Cc: Ashton, Heidi; Crotteau, Kathynell Subject: RE: HEX Petition BD-PL20150001119 (23 W Pelican Street) Ann: Hopefully they will correct the spacing. Otherwise approved. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239)252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Ann P. Jennejohn [mailto:Ann.Jennejohn ni. collierclerk.com] Sent: Thursday, January 14, 2016 2:40 PM To: BeasleyRachel; JohnsonEric Cc: NeetVirginia Subject: HEX Petition BD-PL20150001119 (23 W Pelican Street) Hi there, The display notice for Petition f3D-PL201S0001119 (23 W Pelican Street) that will be published on Friday, January 22 for a HEX Hearing on February 11, 2016 is attached for your review. You'(( see there's a gap OK the second line in the title between a and 67, I'll see if that space can be removed. Please let me know of any other necessary changes or if I can send NON the "O.K." to publish, at your earliest convenience. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment i3oard Collier County Board Minutes & Records Dept 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, January 15, 2016 8:46 AM To: 'Gori,Ivonne' Subject: RE: Proof 891557 Happy Friday Ivonne O Ivt the paragraph right above the wrap, can the space between "a" avid "67" be taker. out? PETITION NO. T3 4 PL2015000111.. — Beth Murphy avid John Morrissey- Puwto request a 67-foot boat dock extension over the maximum 20 feet allowed by Section. 5.03.06 of the Lavtd Developw,evtt Code......... Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.goranaplesnews.com] Sent: Thursday, January 14, 2016 2:25 PM To: Ann P. Jennejohn Subject: Proof 891557 Please find proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Na Plea ildiu News Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Friday,January 15, 2016 11:11 AM To: Ann P.Jennejohn Subject: Proof Attachments: N DN B891557.pdf Revised, Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Berm PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 11, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20150001119-Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 'a ' r 'I 0 .-,w MARCO SHORES 30 COUNTRY CLUB 28 ROOKERY BAY 'w 140,0 o �� OF CAPRI • PROJECT 34 *gm- LOCATION el&fr Irak 111 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.891557 January 22,2016 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, January 15, 2016 11:33 AM To: Ann P.Jennejohn Subject: RE: Proof Thanks! Released. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 leS Battu News m From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday,January 15, 2016 11:28 AM To: Gori, Ivonne <ivonne.gori @naplesnews.com> Subject: RE: Proof Looks great Ivovtvte, please publish vtext Friday, Javtuary 22, 2016. Thavtk you for revising this ovte also. Avwt Jevwtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Friday, January 15, 2016 11:11 AM To: Ann P. Jennejohn Subject: Proof Revised, Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 ?'apLrø Battu ,..A. ro NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 891557 PUBLIC HEARING 45-162858 Pub Dates January 22,2016 je2e 6,,,,,,,, (Sign ure of affiant) Sworn to and subscribed before me '"" �, IVONNE GOBI This January 2 ,2016 r iryt. Notary Public-State of Florida • Commission #r FF 900870 -�Cr My Comm.Expires Jul 16.2019 `t\I ••� • • NN Banded through National Notary Ant ,' (Signatur of affiant) ' 24A B Friday,January 22,2016 B NAPLES DAILY NEWS • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE U.K.judge:Putin`probably NOTICE OF PUBLIC HEARING approved'killing ex-KGB agent Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEN at 9:00 A.M.,on Thursday,February 11,2016, By Jill Lawless in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Assorated Press Room 609/610,Naples FL 34104,to consider: LONDON-Almost a de- Y ai PERTION NO.BD-PL20150001119-Beth Murphy and John Morrissey-Pump de after former KGB of- ficer Alexander Litvinenkorequest a 67-foot boat dock extension over the maximum 20 feet allowed by ikmin't laygma ?' Section 5.03.06 of the Land Development Code,for a total protrusion of 87 Lod nhos- r" feet to accommodate a clockirg facility with two boat lifts for the benefit of gX) - pita)bed,a Lot 73,Isles of Capri No.1,in Section 32,Township 51 South,Range 26 East, 0) (' Britishjudge Collier County,Florida 2 Z i has conclud- ed who poi on - >, Fe soused him: Yea V c Q two Russian s n LU Vladimn men,acting " uioEesi e, '0 n 9I u..� : Putin at the behest 0 I of Russia's Marina Litvinenko,widow of former Russian spy Alexander ..^. y F L--- CC.) .) _ 0 security se 'es,probably Lltvinenko,places her arm around her son Anatoly during a L g / L. with approval from Presi- news conference Thursday in London. QJ dent Vladimir Putin. ., m That finding prompted U.K.-Russia relations. secrets to Western intelli- m' _ ,'Ill to�\ sharp exchanges Thurs. British Prime Minister genre services,and—the Y' M 0 a N = day between London and David Cameron said the judge said—was widely \ PROJECT M y V Z Q 0- Moscow and poses a dip- evidence in the report of regarded in the PSB as a k- ....-%.- LCCATiO itAi lomatic dilemma for both "state-sponsored"killing traitor. �.l IA`, fsl countries.WithRussia and was"absolutely appall- The judge said the case � �* the Westinchingcloser to- ing."Britain summoned for Russian state involve- gether after years of strain, the Russian ambassador ment was circumstantial N neither side wants a new for a dressing-down and but strong.Owen said Lit- All interested parties are invited to appear and be heard.All materials used feud—even over astate- imposed an asset freeze vineoko had"personally in presentation before the Hearing Examiner will become a permanent part sanctioned murder on on the two main suspects: targeted President Putin British British soil. Andrei Lugovoi,now a himself with highly per- of the record. O Judge Robert Owen, Russian lawmaker,and sonal public criticism," N who led the public inquiry Dmitry Kovtun. allied himself with Pu- Copies of staff report are available one week prior to the hearing.The file can intothe killing,saidhe was Moscow has always tin's opponents and was be reviewed at the Collier County Growth Management Department,Zoning N retain two Russians with strongly denied being believed to be working for Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. t31 links to the security ser- involved in Litvinenkos British intelligenre. C6 C vices hadgivenLitvinenko death and accusedBritain Litvinenko had o- 4) EL 0 greenteacontainingafatal of conducting a secretive written abookinwhich he The Hearing Examiner's decision becomes final on the date rendered. It a Q dose of radioactive poloni- and politically motivated blamedformer FSBsuperi- person decides to appeal any decision made by the Collier County Hearing _(,4) U 0 .L um-210 during ameeting at inquiry. ors of carrying out bomb- Examiner with respect to any matter considered of such meeting or hearing, a London hotel. Putin spokesman Dati- l]) ings of Russian apartment he will need a record of that proceeding,and for such purpose he may need 0 U N He said there was a try Peskov told reporters buildings in 1999 that to ensure that a verbatim record of the proceedings is made,which record "strong,the successor Rus- the l"further poison theh" in blamed is cuser -0 � N N sin's FSB,the successor to would"furtherpoison militants.He also accused includes the testimony and evidence upon which the appeal is to be based. < < Cl) ICI the Soviet Union'sKGBs atmosphere of our bilat- Putin of being behind the agency,directed the kill-peral relations." 2006 contract-style slay- If you area person with a disability who needs any accommodation in order ing and that the operation Litvinenko fled to Brit- ingofAnnaPohtkovskaya, to participate in this proceeding,you are entitled,at no cost to you,to the was"probably approved" air in 2000 and became a journalist who exposed provision of certain assistance. Please contact the Collier County Facilities by Putin,then az now the a critic of Russia's seta- human rights abuses in Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, president of Russia. rity services and of Pu- Chechnya. Before he died, Lit- tin,whom he accused of Marina Litvinenko,the Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. vinenko accused Putin of links to organized crime spy's widow,said she was O ordering his killing,but and other alleged trans- "very pleased that the Mark Strain, Owen's report is the first gression including Redo- words my husband spoke Chief Hearing Examiner public official statement philia,Owen said m the on his deathbed when he Collier County,Florida linking the Russian presi- report.He was a very vocal accused Mr.Putin have (N dent to the crime,and it annoyance,feedinginside been provedby an English 90.aat66i January 22 2016 0) sent achilling jolt through information about Russia's court." ti X - LA 0 co co Z M Z Sp ere of FREE SEMINAR Valuable News For E �Ylf Luenee. Macular Degeneration Patients! -0Z •11)• ;;y- a 0 iII- ,- - L F i. , ., ._. . ._.V,I\ii .� I11, j BREAKTHROUGHS. DISCOVERIES. HOPE. 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BD-PL20150001119 —Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 1 DATE OF HEARING: February 11, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition is approved. ANALYSIS: Staff did not receive any objections. One member from the neighborhood attended the meeting and spoke in support of this petition. DECISION: The Hearing Examiner hereby approves Petition No. BD- PL20150001119, filed by Jeff Rogers of Turrell, Hall & Associates, Inc., representing Beth Murphy and John Pumo-Morrissey, for a 67-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts on the property located at 23 West Pelican Street, Collier County, and further described herein, in accordance with the Proposed Site Plan attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan LEGAL DESCRIPTION: Lot 73, Isles of Capri Unit 1, according to the map or plat thereof, as recorded in Plat Book 3, Page 41, of the Public Records of Collier County, Florida. [15-CPS-01455/1238504/1]55 1 of2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. A Special Treatment permit will be required prior to approval of the building permit for the boat dock. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 2 - I Ca- -2c) ( c J Date Ma Strain, Hearing Examiner Appr led as to form and legality: Scott A Ston- Assistant County Attorney [15-CPS-01455/1238504/1]55 2 of2 i 1 O -i V Y Q., alt.. tyyj Jill ca1 X i .4 N a Wa "���a a ..�. W N O Z U N j a I1IIII p 1 K�US SSII i;:1,4:1.'",,OC a O to :Pi Q to fa.4Citnww>< 3wD�'O r a Z 3 W<y zzicto ao i-o ziO p cr-Do <e0,43 30 ;p C-w SC Z Z a i S p ec� IwN nO w a¢.nF Qr S . . .4;44 y ,... ., „,...„,„..i. ,..,,,, ,, 4 .4,- r O o Z 2 Le spat :y.Ex°�la Be in F- '„--1,f1:"7-' , IllaWillik. (/) ������ ill 1111111111 11111�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII►1111111111111111111I111111NI 1111111l 1111111111111111111111111111111111111111111111 II ° IF a ' -'' *-..' ' ' '':0 ' z � a w C �; X 4,-.-;.; ;-z*,..,,:,N,':,-;;;;:;2. '',.„-,7-.„ - , , , n W Z 2 g ,:t.as>O ¢m o'' J J cV • L s X C A .' . • r EE F- c ''..L''''7'.L Z 4. 2 ,/1s E m 0l61-pa -mnphv AOtleCAD1$NEE7WERAMT 1)1TY1151E-COUNTY4wp INNIMINNSWO SITE WR4 O*4 SCNS 1/'2OlE Exhibit "A" AGENDA ITEM 4-A 9Cnnty MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 11, 2016 SUBJECT: BD-PL20150001119 23 W Pelican Street PROPERTY OWNERJAGENT: Beth Murphy&John Morrissey-Pumo Jeff Rogers 23 Pelican Street West Turrell, Hall&Associates. Inc. Naples, FL 34113 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: Beth Murphy and John Morrissey-Pumo are requesting a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts. GEOGRAPHIC LOCATION: The subject site is zoned Residential Single-Family (RSF-4) and located at 23 W Pelican Street and is further described as Lot 73, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. The boat dock would installed in Pompano Bay, which is zoned Rural Agricultural Special Treatment Overlay (A-ST). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow a boat dock extension that would accommodate two (2) boat lifts in Pompano Bay. The drawing labeled Proposed Site with Dimensions shows the proposed mooring for the two (2)vessels. The larger vessel would be 28 feet in length; the smaller would he 22 feet in length. BD-PL20150001119 23 W Pelican Street Page 1 of 11 January 29,2016 EXHIBIT A g 2li.!« EX x ;111111" J110.1° ill, 1 4 . . 5 ' a►_ Q o 111 411/ ".• D F � 'z Z NO ' - i C , ., --_ 11 ' iet � f g ' ��f - D if I__T o i 51 f / f aAil i i 9g r ,_____;A i IF, -41 -- - , r -; t cr-2“> ., Al , ... t,- o Z v i g iip ----,;______„„ ,.., Kt47S1*1 O \ oY sN ����,�7�eta' A� g4s 41011 s TM.MU 1 iiii II 4111111W N i 4c4P a) o III-® m ®Ai y� Z W © q s ® imil >® 2.laillal I-1E1 RERUN 0 PM Mil MP —4 ex v., a,,,Imill11131.;mnliri ttoto,ft ,.., na I e =H>p AVM® 0 Eij us r ��= � ®® , % ®� o cRm5 WIHWAY '0,:" 441111,1P eCi !, ®c)p.K A II? M111111211%%,, ' 4t-t AL 1 tat cow I! re AT 4* tt !4*/*1 ivie*. #4pki# a ita ght• _46 All by- - 1474Awt. ter SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Pompano Bay, zoned A-ST. East: Vacant residential (Lot 72), zoned RSF-4. South: Right-of-way for Pelican Street, farther south are vacant/developed lots (single-family residential), zoned RSF-4. West: Single-family residential (Lot 74), zoned RSF-4 (with boat dock extension, BD-2006-AR-10118). A t d: 1 4, I 1 lx:* ''''.; v . . , . „..._ „„. . r- r « ik r' at ->. Subject Property 4 - BD-PL201 50001 1 1 9 ...&--- Aerial(County GIS) BD-PL20150001119 23 W Pelican Street Page 3 of 11 January 29,2016 . 101; s If 111 i f - ' iv' itlIr 0! _. It it ,--)1 3 "' �' 23 VJ F el ; - 01 114 / . 454 �. f. • �e ,- :; ' ,0 00.. C:cx0� Ie earth Aerial of rear yard(north elevation)— 12/9/2014(Google Earth) See next page BD-P120150001119 23 W Pelican Street Page 4 of 11 January 29,2016 s .,may "11"" r` �a'.ar�.,...".< , . .I - S�&""x. - Rear water view-Jan 2016(staff digital photo) ENVIRONMENTAL EVALUATION: According to the environmental data provided with the application, a continuous bed of seagrass exist off the shore of the property. Where a continuous bed of seagrass exists ff site, provisions pursuant sts ovi to GMP Conservation and Coastal Management Element (CCME) Policy 10.6.1 and LDC sections 5.03.06 J.3 & 4 apply (the applicable provisions in CCME Policy 10.6.1 mirroring that of the LDC). These provisions are as follows: LDC sections 5.03.06 J.3 &4 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applican t shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. BD-PL20150001119 23 W Pelican Street Page 5 of 11 January 29,2016 b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Seagrasses off the shore of the subject property are located predominantly on the 1-4 foot MLW contour lines and continue to the east in the bay adjacent to the adjacent property. The proposed project is also located within the Rookery Bay Aquatic Preserve which requires an additional set of rules pursuant to Chapter 18-21 FAC. Specifically Aquatic Preserve rules do not allow docking facilities to extend past the minus 4 foot MLW contour line. This restriction along with required setbacks for the County, leave little room in avoiding impacts to the seagrass bed. Since impacts to seagrasses cannot be avoided, impacts have been minimized by adhering to the criteria in LDC section 5.03.06 J.3. Therefore, it is staff's opinion that this petition complies with Section 5.03.06.J.3 and 4. The proposed dock is also located within a Special Treatment (ST) Overlay, which occurs over the waters around Isles of Capri. A Special Treatment permit will be required prior to approval of the building permit for the boat dock(see Conditions of Approval). ANALYSIS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the HEX to approve this request, at least four (4) of the five (5) primary criteria and four (4) of the six (6) secondary criteria have been met: Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two III BD-PL20150001119 23 W Pelican Street Page 6 of 11 January 29,2016 slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility consists of two (2)boat slips, which is appropriate in relation to the approximately 59.99 (measured)/60 feet (platted) linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The LDC allows a dock facility to protrude 20 feet. At this threshold, the applicant argues, "the water depth is 0.5 MLW which does not warrant enough depth to moor a vessel." The drawing labeled Cross Section 2 illustrates the proposed location of the vessel in relation to the water depth at the mean low water line. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the application, the total width of the water way is 1,025 feet (visual estimate). The drawing labeled BDE does not indicate the distance between the outermost edges of the proposed dock (on the subject property) from the outermost edges of the dock facility on the opposite side of Pompano Bay. However, the applicant justifies the request by indicating, "The proposed dock facility will not have adverse impacts on navigation as it will only protrude 10% the width of waterway." The Official Zoning Map indicates that a boat dock extension (BD-2002-AR-3544) had been granted to Lots 142 and 143 of Isle of Capri No. 2 (138 Tahiti Circle). The total protrusion approved for this boat dock was 50 feet. Staff concurs that navigability will not be adversely impacted by this request. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. As previously mentioned, the applicant's visual estimate of the width of Pompano Bay is 1,025 feet. The applicant states, "The proposed dock facility will only protrude 10% width of the waterway therefore leaving more than 50% width of waterway (between docks on either side of the waterway will be maintained for navigability." This meets both tests of this criterion. BD-PL20150001119 23 W Pelican Street Page 7 of 11 January 29,2016 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The drawing labeled Proposed Site on Dimensions shows that the proposed dock facility, including the moored vessels, would be located 15 feet from both riparian property lines,which complies with the minimum required by the LDC. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) Criterion met. The presence of seagrass is a special condition not involving water depth that justify the proposed dimensions and location of the proposed dock facility. The Submerged Resources Survey revealed that seagrasses (shoal and paddle grass) were present within the subject water. Their location is depicted on the drawing labeled Submerged Resource Survey. The Submerged Resources Survey concludes the following: "Overall the observed seagrass bed is large in nature and covers most of the project and extends offsite to adjacent neighboring properties. The seagrasses within the bed appear to be in good condition and are growing in and around the existing surrounding dock facilities. Water clarity was good and the proximity to Capri Pass ensures that good flushing occurs within this area. Where seagrasses were observed the percent coverage ranged from 5%to 60%. The seagrasses were found predominately on the 1-4' MLW contour lines and to the eastern limits of the proposed project. It is clear that seagrasses can and do grow in association with the current surrounding activities. The proposed project is located within the Rookery Bay Aquatic Preserve which requires an additional set of rules (18-21 FAC), be considered when designing a dock. Due to aquatic preserve rules not allowing a docking facility to extend past the-4 MLW contour line and required setbacks the required proposed docking facility has little to no room to avoid impacting the documented seagrass bed within this area." The Submerged Resources Survey later concludes, "It is Turrell, Hall & Associates, Inc. opinion that the proposed dock configuration has minimized impacts to the fullest extent possible to the surrounding seagrass bed." 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The drawing labeled Proposed Site with Dimensions shows that the dock would be 7.2 feet at its widest point. It is staff's opinion the design is reasonable, does not use excessive deck area,and meets the intent of this criterion. BD-PL20150001119 23 W Pelican Street Page 8 of 11 January 29,2016 II 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. Both vessels combined (28 feet and 22 feet) equal 50 feet, which exceeds 50% of the subject property's linear waterfront footage. However, it should be noted that according to the drawing labeled Proposed Site with Dimensions, the total width of the two (2) vessels, in combination with the docking facility would account for 29.9 feet. This width would be slightly less than half the linear water frontage of the platted lot. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The drawing labeled Cross Section shows the elevation of the MHW to be 0.42 feet NAVD. While the drawing does not indicate the height of the dock at its highest point beyond the 20-foot threshold, the applicant has informed staff the highest point of the dock would be five (5) feet above the mean high water line, which equates to 5.42 feet NAVD. It is staffs opinion the view shed of neighboring properties will not be impacted to the extent that this criterion would not be met. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. Environmental staff reviewed the petition and determined it to be compliant with Subsection 5.03.06.J of the LDC. The applicant states, "Seagrass beds exist within 200 feet of the proposed dock facility. The proposed design minimizes negative impacts to seagrasses to the fullest extent possible while following guidelines for side setbacks, terminal platform size and total protrusion (4ft contour). Following these design guidelines to minimize impacts, structures to be built directly in or over seagrass were kept to a minimum. Please see attached Submerged Resource Survey drawing." It should be noted, however, that staff disagrees with the applicant's assertion about minimizing negative impacts to the fullest extent possible, because at minimum, one (1) vessel could be eliminated from the scope of work. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11)must be demonstrated. Criterion not applicable. The petitioner's property is a single-family lot with two (2) slips and are not subject to the provisions of the Manatee Protection Plan. BD-PL20150001119 23 W Pelican Street Page 9 of 11 January 29,2016 Staff analysis finds this request complies with all five of the primary criteria and four (4) of the six secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on January 22,2016. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Petition BD-PL20150001119, subject to the following conditions to be incorporated into the final HEX Decision: 1. A Special Treatment permit will be required prior to approval of the building permit for the boat dock. 2. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 3. All other applicable state or federal permits be obtained before commencement of the development. Attachments: 1) Photographs 2) Application& Support Material See next page BD-PL20150001119 23 W Pelican Street Page 10 of 11 January 29,2016 PREPARED BY: (av / i ERIC L. JOHNSON,-,CP, CFM PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYM• 1 V. BELLOWS, ZONING MANAGER DATE ZONIND DIVISION ■727t,"#/- - MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-Pt20150001119 23 W Pelican Street Page 11 of 11 HH MIS 9 — _ i sad _ a o s Y �-MB � Ni r.r" E OM RE N fi 3 0211 ?)L111 2 i 4„loin . i „Atrium ti: # g am muriaul .iii, ci) MINI s i . 10. ; 6 M611'b17 'Myy® a, ° ®. , . az, lb aN 474t.2011070 ROM Ilty use p' , 0-111-111 .7-111-70 1111-tall(OP 110-111 1 20-10 110-111-13 35 w-f '`� 130-1111 156 *V cliv lb 01 1513-11 17 2-23-114 2413-32 .-1.1 NI ' sl L.,1;:Sall 417*...-41tf .411P.slAw 44 A4A 41 •,,a 717-012 w n 5-7-011 o-w s w-. 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S r . f{. p R g 5 F ' rot '- ' : f n �_ y°�r 4d? , u gg F P � \ � I . \ \ \ . . . . . . l I , . / '1 ® , f � . { j \>\ . -iiir ! ; \\\ . . . .1 R° / . . . \. �$ # . < : 2. r Q: } f w, ' . . < ! :,:i:. , I• 1 ! \ y 1 . 2 • \ ` � \ ! »: � \� \\\ \ 1jJI 4 <`-. C <� ^ . « © © 2 . . f. . { \ \ . . . : : \ : 1 » \le / \/ / i \. . , w \ Y : I . . \) i : : » / \ .1 2y . .4 : \ , . � r d4 • , « . . \ / ( t . . \ < \ . ? . ATTACHMENT #2 Application & Support Material I ii I 1 1 i i 1 t L Pumo-MuRpHy i , li .. i BDE APPLICATION 1 11 1 : PL20150001119 . . ,I i , l'.; •i November 30, 2015 11 . , I, I 11 • I I' I il 1 ; i .••" 11 PREPARED By: ----:,----,... .-- - TURRELL HALL& ASSOCIATES, INC 3584 FACIIANGE AVENUE• NAPLES, 1.1.34104 !I II 11 11 ., i 1 1! i! I; li ,, 1 UPDATED BDE APPLICTION Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed,all accompanying materials(see attached submittal checklist)shall be completed and submitted with the application.The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees,the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- P120120000000)assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required,that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 K +Co County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.col iergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch.3 B.of the Administrative Code THIS PETITION IS FOR(check one): Q DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Beth Murphy & John Pumo-Morrissey Address: 23 Pelican Street West city: Naples state: FL ZIP: 34113 Telephone: Cell: Fax: E-Mail Address: bethmurphy@firsttitlemarco.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave city: Naples State: FL zip: 34104 Telephone: 239-643-0166 cell: Fax: E-Mail Address: Jeff @turrell-associates.com PROPERTY LOCATION Section/Township/Range: 32 /51 S/26E property I.D.Number: 52342720009 Subdivision: Isles of Capri unit: 1 Lot: 73 Block: Address/General Location of Subject Property: 23 Pelican Street West Current Zoning and Land use of Subject Property: Residential Single-Family RSF-4 and A-ST BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Co County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N AS-T Pompano Bay S RSF-4 Right-of-way for Pelican St;farther south are Lots 5846(RSF) E RSF-4 Lot 72 (Single Family Residential) W RSF-4 Lot 74 (Single Family Residential) DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work,new dock,replacement,addition to existing facility,any other pertinent information): The proposed work entails construction of a new fixed wooden finger dock approximately 450 square feet. The proposed dock has two boat lifts on either side of the terminal platform. The new dock will consist of 290 feet of access walkway,160 square feet of terminal platform and will not protrude past the-oft MLW line. SITE INFORMATION 1. Waterway Width: 1,025 ft. Measurement from❑plat ❑survey ®visual estimate ❑ other(specify) 2. Total Property Water Frontage: 59.9 ft. 3. Setbacks: Provided: 15 815 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 87 ft. 5. Number and Length of Vessels to use Facility: 1. 28 ft. 2. 22 ft. 3. ft. 6. list any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: West-Dock with lifts(54ft) East-Old covered dock(67ft) 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.16 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes®No If yes,please provide copies. 6/3/2014 Page 3 of 7 Co i'31' County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)2524358 ! PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request in order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical,single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide(MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus Impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page 4 of 7 The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff In determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request,it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; In the case of unbridged barrier island docks,additional slips may be appropriate.) Response: The total waterfront length for this property is 59.9ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC-LDC;the current proposed dock design has 2 boat slips. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) Response: See attached survey/drawing illustrating the existing water depths. At 20 foot protrusion the water depth is 0S MLW which does not warrant enough depth to moor a vessel. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed dock facility will not have adverse impacts on navigation as it will only protrude 10% width of waterway. The proposed dock facility is located in the southeast tomer of Pompano Bay where minimal to no navigation occurs. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed dock facility will only protrude 10% width of waterway therefore leaving more than 50%width of waterway(between docks on either side of the waterway)will be maintained for navigability. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 40'+clearance to the neighboring dock on the west and 60'+clearance to the neighboring dock on the east, Both provide adequate clearance for the size vessels of the neighboring properties. Co County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Response: The proposed dock facility was primarily governed by the Aquatic Preserve guidelines but seagrasses were also present as illustrated in the attached drawing. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized to the fullest extent possible to meet the Aquatic Preserve dock building guidelines while still providing adequate and safe access to and from the vessels. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: individually each vessel Is less than 509E the subject property's linear waterfront footage, and combined the vessels are approximately 849E of the subject property's linear waterfront footage, 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will provide two boat lifts that will not have a major Impact on the waterfront view of either neighboring waterfront property owners. The proposed dock facility is consistent with others on this bay and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: Seagrass beds exist within 200 feet of the proposed dock facility. The proposed design minimizes negative impacts to seagrasses to the fullest extent possible while following guidelines for side setbacks, terminal platform size and total protrusion (oft contour). Following these design guidelines to minimize impacts,structures to be built directly in or over seagrass beds were kept to a minimum. Please see attached Submerged Resource Survey drawing. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. AFFIDAVIT OF AUTHORIZATION • PI AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S).. 7'L r'2_512 f2, t_„_ _ 1, el-1i 4 • ' / (print name),as (title,if applicable)of (company, if a licable),swear or affirm under oath,that I am the(choose one)ownerJapplicantpconbact purchasernand that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Cower County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property wilt be transferred, conveyed, sold or subdivided subject to the conditions and restrictions im..-_,. by the approved action. 5. We/i authorize R1 rj L.L! u icin-r ,1AZ, to act as our/my representative in any matters regarding this petition Including 1 through 2 above. 'Notes: • If the applicant is a corporation,then It is usually executed by the corp.pros.or a pros. • if the applicant is a Limited Liability Company(LL.C.)or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.' • if the applicant is a partnership,then typically a partner can sign on behalf of the partnersh . • if the applicant m a limited partnership, then the general partner must sign and be biiecl as the 'general partner of the named partnership. • If the applicant Is a trust then they must Include the trustee's name and the words as trustee". • In each instance, first determine the applicant's status, e.g., Individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under • - , a of perjury d th I have reed the foregoing Affidavit of Authorization and that the f. r. • In it 0. Alit/ mil/r )/p S ure i/� te STATE OF FLORIDA COUNTY OF COLLIER The*wing Instrument was to(or affirmed)and subscribed before me on ri► L rS E��,IV *1- A�, date)by (name of verso •rov•. r oath or = _ : n),as who is personally known tom. •. has • •. .-::f 4$ ! (type of Identification)as identification, r� STAMP/SEAL ` a Sig at .. Rotary : + lc+s' Or Afy�u: , ta ,, CP108•COA-oo11suss REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(s) FL 2 i5:Q;)u a Ilceble D, A o�; (print name),as (title,if (company,if applicable), swear or affirm under oath,that I am the(choose one)ownerJapplicantE3contract purchaser and that: 1. 1 have full authority to secure the approvals)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the spproved ction. 5. Well authorize 7i,�ri►,L(, AkU .Lnc. to act as our/my representative in any matters regarding this petition Including i through?above. `Notes: If the applicant Is a corporafrion,then it is usually executed by the corp.hoes.or v. . If the applicant is a Limited LIabil Co pres. r�'Company(L.L,t%)or Limited Company(LC.}, then the documents should typically be signed by the Company's"Managing Member" • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership.• • if the applicant is a tinged partnership, then the general partner must sign end be identified as the "general partner"of the named partnership. « If the applicant Is a trust,then they must include the trustee's name and the wads as trustee" + In each instance, first determine the applicant's status, e.g., individual, corporate, trust,partnership, and then Pprooriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are :•. , ge/tic.' air te STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was sworn to(or affirmed)and subscribed before me on 0"iiii`Is (date)by • - L/ . i '€Ld*• s:tie of person providing ..-,;irmation), as who - •eraonally known to me (type of identification)as identification. — IgOldSTAAIpi8E41. .`/, - Web it SUER- -1 MPIAp91a etne CP148-CUA-0D1151155 I , ,.. m REV 3124/14 ADDRESSING CHECKLIST k,..,...Z COWER cowry GOVERNMENT 2000 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 54104 www.coIIlergov.net (2391 252-240D FAX (239)232-5724 ADDRESSING ESSI G EC KLI$ Please complete the wing and email to GMDJkddressingecolliergov.net or to to a Options Department at 239-252-5724 or submit In person to the Addressing Department at the above.address. Form must y- ',.y L`N U any!.(.. -it:e. y..�l JAI 1.^ til,L rt t�i<c. , ...:';-`t■!'il 11---f.ll. su_._..._.. ..l ty, ;..r •1.r.. _... . Not all Items will apply to every project items In bold type are required. FOLIO NUMBERS MUST SE PROVIDED. Forms of er than E months will requke additional review and approval by the Addressing Department. PETITION TYPE(indicate types below,compleis a separate for each l ati1 on lype) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) s BD(Boat Dock Extension) 0 SDPA(SDP Amendment) CamtvallOnms Permit 0 SDPt(Insubstantial Change to SDP) CU(Conditional Use) ❑ SIP(bite Improvement Plan) ❑ EXP(Excavation Pe nit) ❑ SIPI(IrwubslanIiai Chime to SIP) FP(Final Plat 0 SNR(Street Name Change) ❑ U.A(Lot Line Adjustment) 0 SNC(Street Name Change Unplatted) ❑ PNC(Project Name Change) ❑ TOR(Transfer of Devetopment Rights) PPL(Plans&Plat t eview) 0 VA(Variance) 0 PSP(Preliminary Subdivision Plat.') ❑ VRP Removal?emit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ FM(Standard Mane) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy desorpton maybe atiacirea9 ISM of pri No I Le 13 FOLIO(Property ID)NUMBER(*)of above(air to,or associate*Rh,legal description if more than one) 52342 STREET ADDRESS or ADDRESSES(as applicable,1al eady assigned) 23 W Pelican Street W m LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- y o SURVEY(copy -needed only for unpietted properties) PROPOSED PROJECT NAME(if applicable) luau-Murphy . PROPOSED STREET NAMES(`app ) W Pelf -C reef SITE DEVELOPMENT PLAN NUMBER rbar&Voting projects/Mosonly) SDP - or AR or PL# C,c3' :ter C-4,01)CrIZY ilItt, COLLIE*courvry GOVERNMENT 2800 NORl'H HORSESHOE DRIVE SROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 ...--, www.coilkaocnet (239)2524400 FAX (239)252-5124 Project or development names proposed for,or eineedy appearing In,condominium documents(If vocation; Indicate whether proposed or existing) Please Return Approved Checklist By: 2 Email 0 Fax 0 Personally picked up Applicant Name: Nik Kasten ______. Phone: 239-643-0166 snaNFeckastenaiturrell-assoclates.corn Signature on Addressing Checklist does not constitute Project andfor Street Name approval and is subject to further review by the Operations Department ,---. FOR STAFF USE ONLY F*40 Nurribor 5442Z2QQQ9 ______ Folio Number Folio Number,... Folio Number Folio Number Foil°Number Approved laritheLlatig Date: 5-13-2015 Updated by: _Date: -— it- OLDER 'CHAN 0 100141ES, P'0141i4 MUST BE tIPIlAilit) OR filFW FORM SUPTitirrt Et) PRE-APPLICATION MEETING NOTES -- ; Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE �� GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and nal Submittal Requirement Checklist for: Dock Extension ❑ Boathouse Chapter 3 8. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES s REQUIRED REQUIRED Completed Application(download current form from County website) 6 ■ Signed and Seated Survey Chart of Site Waterway ___,11 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed 6 C ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 ❑ Completed Addressing Checklist 1 EV. D Electronic copy of all required documents "Please advise:The Office of the Hearing Examiner requires all materials 1 Ile ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 Page 6 of 7 Cofffer Coanty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet D/, Addressing:Annis Moxam Il Graphics:Mariam Ocheitree 0 City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-in Sheet ❑ Immokalee Water/Sewer District; ❑ Conservancy of SWFL Nichols Ryan ❑ Parks and Recreation:Vicky Ahmed ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartiock • Engineering:Alison Bradford ■ Transportation Planning:John Podczerwinsky ❑ Other. ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: O Boat Dock Extension Petition:$1,500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 O An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. _ a.: -I 8 Si_n. .re o P- 'loner or Agent to ^ 6/3/2014 Page 7 of 7 i Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Environmental Review:See Pre Application Executive Director Meeting Sign-In Sheet yAddressing:Annis Moxam E Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director D. Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad Fj County Attorney's Office:Heidi Ashton-Ciicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock AEngineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: O Boat Dock Extension Petition:$1,500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 Co er County Pre-Application Meeting Notes Petition Type: Boat Dock Extension Date and Time Tuesday,May 26,201.5 9:00 AM-10:00 AM Assigned Planner: Eric Johnson Engineering Manager(for PPL's and FP's): Project Information Project Name:Isles of Capri at 23 West Pelican St (BDE) PL#: PL20150001119 (BDE) Property ID#: 52342720009 Current Zoning: RSF-4 Project Address: 23 West Pelican St. City: Naples State: FL zip: 34113 Applicant: Turrell, Hall & Associates Agent Name: Nik Kasten Phone: (239) 643-0166 Agent/Firm Address: 3584 Exchange Ave # B City: Naples State: FL zip: 341 Property Owner: Beth L. Murphy and John D. Morrissey-Pumo Please provide the following,if applicable: I. Total Acreage: 0.16 ii. Proposed#of Residential Units: n/a iii. Proposed Commercial Square Footage: n/a iv. For Amendments,indicate the original petition number: n/a v. If there is an Ordinance or Resolution associated with this project,please indicate the type and number; n/a vi. if the project is within a Plat, provide the name and AR#/PL#: isles of Capri No 1, Lot 73 Plat Book 3, Page 41 Rev 4/1/15 9Lff9MntY Meeting Notes • 1 Rev 4!1/15 (&T Comity ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard @colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum,P.E. Stormwater Plan Review 252-2905 brettrosenblum @colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer @colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning_ 252-2944 corbyschmidt @colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@coliiergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith @colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone @colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain @coliiergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen @coiliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colllergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkle@eolliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby @colliergov.net Additional Attendee Contact information: Name Representing Phone Email plc ,Tb tfA 2-avio6 £OeviCec 252,- z131 . a ,t; ol 'Coll re v L Rev 4/1/15 COLLIER COUNTY Growth Management Department August 14, 2015 Jeff Rogers-Turrell,Hall& Associates, Inc. 3584 Exchange Ave. Naples,FL 34101 EMAIL-jeff@turrell-associates.com RE: Special Treatment Overlay Permit P120150001639 Pumo-Murphy Dock-23 W.Pelican Street Dear Applicant: The following comments are provided to you regarding the above referenced project, If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a "HOLD"status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review:Environmental Review Reviewed By:Stephen Lenberger Email: Steveienberger®colliergov.net Phone#:(239)252-2915 Correction Comment 1: On hold pending approval of boat dock extension request for property(BD-PL20150001119). When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions,please contact me at(239)252-2915. 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A, Fa P:\1516-Pumo-Murphy Dock\CAD\SHEETPERM IT-COUNTY\1516-BDE dwq EBE059/2016 f N '_- SUBMERGED RESOURCE SURVEY - | PUMO-MURPHY BOCK 23 PELICAN STREET WEST NAPLES, FL 34145 SUBMERGED RESOURCE SURVEY JUNE 2015 PREPARED BY TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 PUMO-MURPHY DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 1.0 INTRODUCTION The Pumo-Murphy dock project is located at 23 Pelican Street West in Naples, FL and is identified by Collier County as Parcel Number 52342720009. The property is located on Isle of Capri just west of Capri Drive within Section 5, Township 52 South,and Range 26 East. The upland portion of the property is currently occupied by a single-family residence with an existing concrete seawall shoreline. The neighboring property to the west has a single family residence and the property to the east is vacant land. Turrell, Hall &Associates, Inc. was contracted to provide a Submerged Resource Survey (SRS) for the proposed docking facility. This survey will provide planning and review assistance to both the owners and the agency reviewers, in regards to the proposed project. The proposed project consists of designing and constructing a single-family dock with two(2)associated boatlifis. The field visit for the SRS was conducted on May 29, 2015 at 2:30 P.M. An outgoing tide with light southeast winds and clear skies resulted in good underwater visibility that ranged from 2-6 feet. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 79°F. High tide occurred at 10:13 A.M (2.9') and low tide occurred at 4:52 P.M(0.3')on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates, Inc. personnel conducted a site visit and snorkeled within the proposed project footprint and documented the location of any submerged resources. • Turrell,Hall &Associates, Inc.personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. Turrell, Hall & Associates, Inc. personnel delineated limits via a handheld GPS (Garmin Model 72H). Page 1 of 7 PUMO-MURPHY Docx SUBMERGED RESOURCE SURVEY JUNE 2015 3.0 METHODOLOGY Turrelll, Hall &Associates, Inc. biologists intentionally designed the methodology of the SRS to cover the entire property shoreline and extend out past the proposed dock footprint. The components for this survey included: *Review of past aerials and past surveys completed near or adjacent to the subject property *Review of aerial photography of survey area *Physically snorkel sites, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated by wading within the shallow area along the shoreline and by snorkeling in the deeper areas. Surveying the proposed project area was relatively easy due to shallow water depths and the existing neighboring docks providing easily identifiable reference markers, such as dock piles, which assisted in locating any resources observed. Two biologists from Turrell, Hall & Associates, Inc. surveyed the site wading and using snorkel equipment throughout the entire surveyed area. Located submerged resources were photographed, the approximate percent of coverage was quantified, and their approximate location was delineated on an aerial photo and then confirmed via handheld GPS(Garmin Model 72 H). A half meter square quadrant, further broken into sections to make coverage estimates more measureable was used on site. Random placements of the gPAdrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the seagrass beds. The findings are shown on the attached exhibit. 4.0 RESULTS The survey was completed on May 29, 2015, during an outgoing tide which resulted in observed seagrasses within the riparian rights of the subject property. Further investigation into documenting the overall footprint of the seagrass bed resulted in observed seagrasses extending well offsite to the adjacent neighboring properties, as shown on the attached exhibit. The survey revealed live blades of mostly shoal grass (Halodule beaudettei) and a few small areas of paddle grass (Halophila decipiens). The shoal grass observed was from the substrate level to approximately 3-5 inches in length and were covered in moderate to heavy epiphytic growth. The observed seagrasses were all part of one large continuous seagrass bed which was quantified by percent of coverage which ranged from 5-60%within each distinct bed. Page 2 of 7 PUMO-MURPHY DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 The substrate found within the surveyed area included two similar classifications; sand and a silt/sand material. The existing shallow area from the seawall waterward was identified as being made up of the sand material with shell/oyster debris and the remaining area consisted of the silt/sand material. Both of these substrates seemed to provide optimal habitat for the observed seagrasses, fish, crabs, and other marine life. In addition to seagrass, various algaes particularly green feather algae (Caulerpa sertularoides), filamentous algae, and other macro algae were observed and documented growing throughout the surveyed area. The feather algae was found growing as an isolated specimens in the shallow sand flats. The remaining observed filamentous and macro algaes were observed growing in small mats scattered along the bottom throughout the survey area. Numerous marine species were also observed during the survey. A list of these species has been prepared and is provided below as Table 1. Table 1—Observed Marine Species Common Name Scientific Name Mangrove Snapper Lu janus Griseus Sheepshead Archosargus Probatocephalus Striped Mullet Mugil Cephalus Snook Centrompus Undecimalis Glass Minnow Anchoa Mitchilli Cownose Ray Rhinoptera Bonasus 5.0 CONCLUSIONS Overall the observed seagrass bed is large in nature and covers most of the project area and extends offsite to adjacent neighboring properties. The seagrasses within the bed appear to be in good condition and are growing in and around the existing surrounding docking facilities. Water clarity was good and the proximity to Capri Pass ensures that good flushing occurs within this area. Where seagrasses were observed the percent coverage ranged from 5%to 60%. The seagrasses were found predominantly on the 1-4' MLW contour lines and to the eastern limits of the proposed project. It is clear that seagrasses can and do grow in association with the current surrounding activities. The proposed project is located within the Rookery Bay Aquatic Preserve which requires an additional set of rules(18-21 FAC), be considered when designing a dock. Due to the aquatic preserve rules not allowing a docking facility to extend past the-4' MLW contour line and required setbacks the proposed docking facility has little to no room to avoid impacting the documented seagrass bed within this area. The seagrasses have been determined to be all part of one large bed therefore minor impacts are allowed which would not result in additional die off than what occurs during installation. Page 3 of 7 PuMO-MURPHY DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 It is Turrell, Hall & Associates, Inc. opinion that the proposed dock configuration has minimized impacts to the fullest extent possible to the surrounding seagrass bed. Additionally based on our observations the seagrasses will continue to thrive in this area based on their presence today and no real additional changes to this area will occur due to the proposed project. Page 4 of 7 rjuitia.muRpHy Doc SUBMMGED RESOURCE 1UN52W5 - ,,-.....----,--- - . - ---- , 1 , , .. ,-";-"*"..,!FL••-rt.'.., ''., '. ,:.s. ' ' ' 4 '•*: '''' , l''..' P"' -' - '''' C r ■ '''' *.' s 1 , . ... , . - 1. .)4 .4.,. oyster Debris .......... -- , .....— . ,. . .1.- ,--- 1:,•- 14 4.,,• - -, - , : -. .. t .,-... , P$411r.,„'';', • ',. ''.4 ,,.. -. ..,. ' ? 1 -- - ,''‘',.."1'43-■• AL.44- ::,- - ,-.----l'a* • . 1,-, -- - - Shoal grass-Halodule beaudettei ......_ Page 5 of 7 PUMo-MURPHY DOCK SUBMERGED RESOURCE SURVEY Jobs 2015 Shoal grass-Halodule beaudeitei Shoal grass-Halodule beaudettei Page 6 of 7 DocK SUBMERGED RESOURCE SURVEY JuxE 2015 Paddle grass-Halophila decipiens Page 7 of 7 SIGNED & SEALED SURVEY I --ler--- trgii ).----- 4g 01 r c /0 4*. a c S 'a' w G/\ bi 0 .: � to . * 'i 800'48'48'W p g tiay 3 A 11488'(MA) T i g 1 2 3 s a�M 1� n F)§; NOO'41'OO"E 115.00'(P) a N X a i X T —io: ci?P- . . ; - — / x-I it" a : -:. Z i -,7 ,r b X . m °- I$a I� O $m R Ig � ' mz: H !I N x X m th al 'T-I X - _ x M e NOOMVO E - ; x x x' 4. 115.00' !� �°z m 11SOS RA)N 08 S � b I'il ."1 .1 I 1 0 f 't 16 Ell ril de a' i AA N 53 O *r• z 6, C0 ■ I G IiJ 1ii m om S g . m ��p��mW r'1��� 1���®O�aa®p v i 5 A ' :ti COC c >$iae per" i OMZ°° plfo a s C b n W-1 ■ �t T W �I W fN T _Vf 2 -“10A1---4 A 11 m y ru F fiYrj �imR�o� � (q7 E " "��Sr � � fn mp �aa Z ZC �m ;� o[ p LSm�p �= �i�nz1 "i- n tD� p 4 o m n o ill'ZZ C �L b W 2 '°" �` 3f m y pp w ry[i�5� ,fie�d 'QZ+ S s m y mm d� m dddT�n� T i2 ,423 Sk3nisi oa 18T ox c71 0 zv' m0 T TDd dmi fT., y 1 t";, /glisi 2oXtg .; .g 8 g g givli 121 -(g 1„;),k" golig EiVt T NI i'_, inp.,,,,/ iiEzilg 1 trill a ° E '' t p e t ` i Z7 OP iPas 5 t 2 E t m zS to q p• ii/ii`:g . b e o � a z s m t5 7' . �fit g po Di�w y 1 �b m � 9� N gz ,!I b �� j d � gp, �g m§-� �8 E z oo � I� $m < `o i . C - t 1 a� a i m-4F1 r ze -, „`ii l 4 . ` r m� ' +m z 3 " m 1i�s v $ c 4 i-1•7,c) y o a S. 2 o 5Rz m �� m l) � ?m T a � O W _ m V a P _r 7 Z OmD OD C .C � 6 0W ii 1 0 J T o m 66 g P. M i1 k A � m S li L in m O x b m m y z r g a Nci q m x v j �ipd � G7? 0-111 m oz g 111 vz� m D m d ` a � m o Co� C b b 0 Q ApNrE� � . _ . 1m m Z 6n7, �� p � 0 �n_ �tn��� m qa I -act 0 fri 0 c)c) ci) ii ? J -b. 0 a 0) '� iPlib h in) C HPJM mi. t S r czEpm l O8 �OM_O jj W O m1 O P i R>6 ('� 23 7)C z co v co 5t 00 m 3> m o-� p m ci 07-alrilgt CI3 C 1 rn . INSTR 4782057 OR 4871 PG 2002 RECORDED 12/31/2012 2:52 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $3,325.00 REC $18.50 CONS $475,000.00 • (0 WARWTYDEED This indenture made this i day of December, 2012, by Walter Weickert, Individually as a single person, and as Trustee of the Walter Weickert Revocable Trust dated October 9, 2012, whose post office address is: 1750 Tye Road, New Hamburg, Ontario, CANADA N3A 4K5, GRANTOR, and John D. Morrissey-Pumo, a single man and Beth L. Murphy, a single woman, as joint tenants with full rights of survivorship, whose post office address is: 249 Sunflower Ct., Marco Island,FL 34145, GRANTEE: • RC• r WITNESSETH, that the Grantor, f. avid-i -a • •: e sum of TEN DOLLARS, and other good and valuable consi•_ : ' to said Granto •d paid by said Grantee, the receipt whereof is hereby ackn -••ed, has granted, barga'ced . d sold to the said Grantee, and Grantee's heirs and assig s foevIlowutge cube• Ian. situate, lying and being in — the County of Collier, State of Flo da, o wr. ozs Lot 73, Isles of C r i • o th, a• p plat thereof, as recorded in Plat po , Page 1, o e •'. rc IRO orris of Collier in County, Florida. , �y� c t `J Subject to restrictions,res •s and ea - e� f record and taxes for the year 2012 and subseque ..= . L yet due and payable. rtc Tax Folio Number:52342720009 TO HAVE AND TO HOLD, the same in fee simple forever. Together with all tenements, hereditament, and appurtenances thereto belonging or in anywise appertaining. The property described herein is not now, nor has it ever been, the homestead of the grantor, the grantor's spouse or grantor's minor children, if any, nor is the property contiguous to their homestead. AND the Grantor does hereby fully warrant the title to the land and will defend the same against the lawful claims of all persons whomsoever. *** OR 4871 PG 2003 *** • Warranty Deed Page 2of2 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Wit CO U _ �_ t�..•_.L� • Signature of Witness No. 1 alter Weickert, •ivi•.ally as a single person, a • •. -- of the alt: Weickert Revocable / st dated 0 tober 9, '012\ Printed Name of Witness N•FAL 0 . Signature of Witness No. 2 a Printed Name of Witness No. 2 Q -`�. FE151gP OF O COUNTY OF („'61-e4r-L.6 - The foregoing instrument was acknowledged before me this . 4 day of December, 2012, by Walter Weickert, Individually as a single person, and as Trustee of the Walter.Weickert Revocable Trust dated October 9, 2012, who is personally known to me or presented C'cr.:c r-1 as identification and did take an oath. 4J61�3...7-.7.6`t : Notary Public Print ..(Notary Seas My commission des ' er�i.rte • J}' K.y .This inst?rnent pfeparrd without opinion by ,� Gcaig R Woodrvartl;Fytquire ��,�f(erichvard,'Pite&\lbmbardo,PA i isogBald Eagi9 j?re,Suite 500 lf■litrrolshard;florida 34145 (239)394-5161 JohnsonEric From: Arielle Poulos <Arielle@a turrell-associates.com> Sent: Wednesday, January 20, 2016 4:40 PM To: JohnsonEric Subject: RE: PUMO dock height Eric, The dock extends a total of 87' from the seawall. For approximately 39.6' of this distance the dock will be at 5.0 feet above MHW(which is 0.42'NAVD). At 39.6' from the seawall the dock begins to ramp down to its final elevation at the terminal platform of 2.9'NAVD. At the terminus of the facility there will be boatlifts for which the pilings and mechanical works will be at approximately 12' above the MHW line. I hope this helps and please feel free to contact me if you have any further questions. Thank you! Sincerely, Arielle Poulos Turrell,Hall&Associates,Inc. 3584 Exchange Avenue Naples,Florida 34104 Phone:(239)643-0166 Email:Arielle@Turrell-Associates.com www.turrell-associates.com THE INFORMATION CONTAINED IN THIS EMAIL IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL,WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING THE CONTENT OR ATTACHMENTS IS PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR,PLEASE NOTIFY US OR DELETE. From:JohnsonEric[mailto:EricJohnson @colliergov.net] Sent:Wednesday,January 20, 2016 3:24 PM To:Arielle Poulos<Arielle @turrell-associates.com> Subject: FW: PUMO dock height Noted,but for my edification,what will be the highest point of the dock beyond the 20-foot threshold? I ask,because it isn't labeled on any of the drawings. Thanks! Eric Johnson Principal Planner From:Jeff Rogers[mailto:Jeff @ turrell-associates.com] Sent:Wednesday,January 20, 2016 2:00 PM To:JohnsonEric<EridJohnson @colliergov.net> Cc:Lee Russell<Lee@turrell-associates.com> Subject: Re: PUMO dock height The dock is required to be 5'above the MHWL but allowed to slope back down to 30"above the MHWL at the terminal platform.This is required due to the property being located within the rookery bay aquatic preserve. Let me know if there is anything else,thanks. Jeff Sent from my iPhone On Jan 20,2016,at 2:55 PM,JohnsonEric<EricJohnson@colliergov.net>wrote: Jeff, What is the vertical dimension(height)between the dock(at its highest point beyond the 20-foot threshold) and the M IW? Respectfully, Eric L.Johnson,AICP,CFM Principal Planner Growth Management Department-Planning&Regulation Zoning Division-Zoning Services Section 2800 North Horseshoe Drive Naples,FL 34104 phone:239-252-2931 fax:239-252-6503 <image001.png><image002.png> Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. <1516-COUNTY.PDF> 2 COLLIER COUNTY Growth Management Department July 24,2015 Nik Kasten-Turrell,Hall&Associates,Inc. 3584 Exchange Ave. Naples,FL 34101 EMAIL-kasten @turrell-associates.com RE: Boat Dock Extension PL20150001119 23 W Pelican St Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Graphics-GIS Review Reviewed By: Mariam Ocheltree Email: MariamOcheltree @ colliergov.net Phone#: (239)252-2315 Correction Comment 1: Legal description is incorrect On the application please correct the Township,Range and Section to Township 51S,Range 26E,and Section 32. Correction Comment 2: Miscellaneous Corrections Please correct the Township,Range and Section on all maps from Turrell,Hall and Assoc. This is also incorrect on the submerged resource survey under 1.0 Introduction Rejected Review: Zoning Review Reviewed By: Eric Johnson Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 3: On the application and on page 1 of the Submerged Resources Survey, indicate the correct Section(32 South 1/z), Township(51S), and Range(26E)(Chapter 3.B.2 of CCAC). Correction Comment 4: On the application,indicate the current zoning as Residential Single-Family RSF-4 and A-ST for the subject parcel(Chapter 3.B.3 of CCAC). Correction Comment 5: On the application,indicate the zoning and land use of the adjacent properties(Chapter 3.B.3 of CCAC). They are as follows: ZONING LAND USE N AS-T Pompano Bay S RSF-4 Right-of-way for Pelican St.; farther south are Lots 5&6 (Single family residential) E RSF-4 Lot 72(Single family residential) W RSF-4 Lot 74(Single family residential) Correction Comment 6: Provide a signed and sealed survey depicting the mean low water(MLW)(Chapter 3.B.6 of CCAC). Correction Comment 7: On the proposed site on aerial drawing,please illustrate the length of each vessel. Ensure it matches the dimensions indicated on the application. Correction Comment 8: Please provide affidavits of authorization for each of the property owners affected by the application. Correction Comment 9: Pursuant to Chapter 3.B.9 of CCAC,the site plan shall illustrate the following: Lot dimensions; Required setbacks for the dock facility; Cross section showing relation to MHW/MLW and shoreline(bank,seawall,or rip-rap revetment); Configuration,location,and dimensions of existing and proposed facility; Water depth where proposed dock facility is to be located; Distance of the navigable channel; Illustration of the contour of the property;and Illustration of dock facility from both an aerial and side view. Many of these components have been provided throughout the submitted drawings;however,if possible, it would be good to provide an additional drawing,with the help of the survey,that incorporates all these elements. Correction Comment 10: On the CD and hardcopy,please include my completed version of page 6 of 7 of the pre-application meeting notes,because this is the form that waives the requirement for a Chart of Site Waterway. Please include my completed version of page 7 of 7 of the same pre-application meeting notes, because this is the form that shows the application was routed to Addressing, County Attorney's Office,Engineering,Environmental,and Graphics. Correction Comment 11: Place a note on site plan that all dock facilities,regardless of length and/or protrusion, shall have reflectors and house numbers,no less than 4 inches in height,installed at the outermost end on both sides. Correction Comment 12: The application indicates the side(east)setback would be 13 feet whereas the drawing, "Proposed site with dimensions"indicates 14 feet.Please correct this discrepancy Correction Comment 13: With respect to the drawing"Proposed site with dimensions,"staff recommends including the distance of the protrusion for those docks located on the abutting properties. Please ensure it matches the application. Correction Comment 14: Demonstrate compliance with LDC Section 5.04.06.J. Correction Comment 15: For information only: If deemed necessary based upon review of the primary and secondary criteria of Section 5.03.06.H,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include,but shall not be limited to,greater side setback(s),and provision of light(s),additional reflectors,or reflectors larger than four(4)inches. Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 16: The Section,Township and Range information on the application does not match the Property Appraiser's website for this property. Correction Comment 17: Add Petition Number to the top of the Affidavit of Authorization. Correction Comment 18: Is the seagrass a continuous bed of seagrass located off shore and adjacent to the property?If not, the dock facility must stay at least 10 feet from the seagrass,and therefore this proposed dock violates LDC Section 5.03.06 J.2.If yes,then please demonstrate compliance with LDC Section 5.03.06 J.3.a-d. Correction Comment 19: Demonstrate compliance with LDC Section 5.03.06 J.4. Correction Comment 20: The proposed boat dock facility is located within the Special Treatment overlay,so you must obtain an ST Permit. The following comments are informational and/or may include stipulations: Stipulations: • A Special Treatment(ST)Permit is required prior to approval of the Building Permit for the dock. Informational Comments: • It is recommended that the BDE and ST permit for the project go as companion items to the CCPC. Stipulations: • All dock facilities are subject to,and shall comply with,all federal and state requirements and permits,including,but not limited,to the requirements and permits of the DEP,the U.S.Army Corps of Engineers,and the U.S. Environmental Protection Agency. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions,please contact me at(239)252-2931 or ericjohnson @collilergov.net. Sincerely, Eric Johnson,AICP,CFM,LEED Green Associate Principal Planner Growth Management Department COLLIER COUNTY Growth Management Department September 28,2015 John D.Morrissey-Pumo and Beth L Murphy 23 W Pelican Street Naples,FL 34113 RE: Boat Dock Extension PL20150001119 23 W Pelican St Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Zoning Review Reviewed By: Eric Johnson Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 1: With respect to the south direction in the ADJACENT ZONING AND LAND USE table on page 3 of 7 of the application,insert the words single-family residential after Lots 5&6.Chapter 3.B.3 of CCAC). They are as follows: Correction Comment 2: Pursuant to Chapter 3.B.9 of CCAC,the site plan shall illustrate the following: Lot dimensions; Required setbacks for the dock facility; Cross section showing relation to MHW/M.,W and shoreline(bank,seawall,or rip-rap revetment); Configuration,location,and dimensions of existing and proposed facility; Water depth where proposed dock facility is to be located; Distance of the navigable channel; Illustration of the contour of the property;and Illustration of dock facility from both an aerial and side view. Many of these components have been provided throughout the submitted drawings; however, if possible, it would be good to provide an additional drawing, with the help of the survey, which incorporates all these elements. Correction Comment 4: Please ensure the length of each vessel is consistent between the "Proposed site on aerial drawing"and that which is indicated on the application. Correction Comment 5: Please include my completed version of page 7 of 7 of the same pre-application meeting notes, because this is the form that shows the application was routed to Addressing, County Attorney's Office,Engineering,Environmental,and Graphics(see attached). Correction Comment 6: On the drawing titled "Submerged Resources Survey," why are the riparian lines labeled "proposed boatlifts?" Correction Comment 7: The required setback for this lot shall be 15 feet rather than 7.5 feet,as determined by the County Attorney's Office. Please revise all documents accordingly. Correction Comment 8: Provide everything new or updated on a CD. Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 1: There are discrepancies between the Site Plan that our office received and the Site Plan that other .-. staff members received(e.g.—the size of the boats are shown as 22 feet and 28 feet,respectively, on my Site Plan;however,the size of the boats are shown as 19 feet and 27 feet on the Site Plan received by Eric Johnson).Please resubmit the correct,most updated Site Plan. The following comments are informational and/or may include stipulations: Stipulations: • A Special Treatment(ST)Permit is required prior to approval of the Building Permit for the dock. Stipulations: • All dock facilities are subject to,and shall comply with,all federal and state requirements and permits,including,but not limited,to the requirements and permits of the DEP,the U.S.Army Corps of Engineers,and the U.S.Environmental Protection Agency. Informational Comments: • It is recommended that the BDE and ST permit for the project go as companion items to the CCPC. Informational Comments: • If deemed necessary based upon review of the primary and secondary criteria of Section 5.03.06.H, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include,but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four(4)inches. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions,please contact me at(239)252-2931. Sincerely, Eric Johnson Principal Planner,AICP,CFM,LEED Green Associate Growth Management Department COLLIER COUNTY Growth Management Department October 26,2015 MORRISSEY-PUMO,JOHN D BETH L MURPHY 23 W PELICAN ST NAPLES ,FL 34113- RE: Boat Dock Extension PL20150001119 23 W Pelican St Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Zoning Review Reviewed By: Eric Johnson Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 1: Pursuant to Chapter 3.B.9 of CCAC,the site plan shall illustrate the following: Required setbacks for the dock facility; Cross section showing relation to MEW/MLW and shoreline(bank,seawall,or rip-rap revetment); Distance of the navigable channel; Illustration of the contour of the property;and Regarding the illustration of dock facility from the side view,in addition to showing the vessel floating at MEWL,the drawaing ought to show the vessel floating at MLW as well. Correction Comment 2: For information only: If deemed necessary based upon review of the primary and secondary criteria of Section 5.03.06.H,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include,but shall not be limited to,greater side setback(s),and provision of light(s),additional reflectors,or reflectors larger than four(4)inches. Correction Comment 3: The required setback for this lot shall be 15 feet rather than 7.5 feet,as determined by the County Attorney's Office. Please revise all documents accordingly. Correction Comment 4: Provide everything new or updated on a CD. Correction Comment 5: The length of the 22-foot long vessel needs to include the engine. Please revise the drawing(and any other document)and update the application so that both are consistent. Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 1: Unless a boundary change is approved via judicial determination,the platted property line is treated as the official legal property line. Therefore,the shoreline lenght is 60 feet, as per the plat,and the required side setback will be 15 feet in accordance with Section 5.03.06.E.5 The following comments are informational and/or may include stipulations: Stipulations: • A Special Treatment(ST)Permit is required prior to approval of the Building Permit for the dock. Informational Comments: • It is recommended that the BDE and ST permit for the project go as companion items to the CCPC. Stipulations: • All dock facilities are subject to,and shall comply with,all federal and state requirements and permits,including,but not limited,to the requirements and permits of the DEP,the U.S.Army Corps of Engineers,and the U.S.Environmental Protection Agency. Informational Comments: • If deemed necessary based upon review of the primary and secondary criteria of Section 5.03.06.H,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include,but shall not be limited to,greater side setback(s),and provision of light(s), additional reflectors,or reflectors larger than four(4)inches. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions,please contact me at(239)252-2931. Sincerely, t/� Eric Johnson Principal Planner Growth Management Department Pi_ 2015 0 0 U 11 19 REV 2 TUR;.RELL HALL & ASSOCIATES INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732.239-643-0166•Fax(239)634-6632•tuna @turrell-associates.com August 26, 2015 Eric Johnson Growth Management Dept. Collier County RE: Boat Dock Extension PL20150001119 23 W Pelican St/Pumo-Murphy Dock Dear Eric: The following is in response to your email dated July 24,2015. Rejected Review: Graphics-GIS Review Reviewed By:Mariam Ocheltree Email: MariamOcheltree @colliergov.net Phone#: (239) 252-2315 Correction Comment 1: Legal description is incorrect On the application please correct the Township,Range and Section to Township 51S,Range 26E, and Section 32. Please see attached updated BDE application. Correction Comment 2: Miscellaneous Corrections Please correct the Township,Range and Section on all maps from Turrell,Hall and Assoc. This is also incorrect on the submerged resource survey under 1.0 Introduction Please see attached updated dock exhibits as well as the updated submerged resource survey. Rejected Review: Zoning Review Reviewed By: Eric Johnson Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 3: On the application and on page 1 of the Submerged Resources Survey, indicate the correct Section(32 South Y2),Township(51S), and Range(26E)(Chapter 3.B.2 of CCAC). Please see attached updated dock exhibits as well the associated submerged resource survey reflecting these corrections. Correction Comment 4: On the application,indicate the current zoning as Residential Single-Family RSF-4 and A-ST for the subject parcel(Chapter 3.B.3 of CCAC). Please see attached updated application with the correct zoning indicated. Correction Comment 5: On the application,indicate the zoning and land use of the adjacent properties (Chapter 3.B.3 of CCAC). They are as follows: ZONING LAND USE N AS-T Pompano Bay S RSF-4 Right-of-way for Pelican St.; farther south are Lots 5 &6 (RSF) E RSF-4 Lot 72(Single family residential) W RSF-4 Lot 74 (Single family residential) Please see attached updated application with the correct zoning. Correction Comment 6: Provide a signed and sealed survey depicting the mean low water(MLW) (Chapter 3.B.6 of CCAC). Please see attached signed and sealed survey. Correction Comment 7: On the proposed site on aerial drawing,please illustrate the length of each vessel. Ensure it matches the dimensions indicated on the application. Please see attached updated exhibits(sheet 3 of 7)indicates the length of vessels to be stored on site. �� _ m _-- Correction Comment 8: Please provide affidavits of authorization for each of the property owners affected by the application. Please see attached both letters of authorization,one from each owner. Correction Comment 9: Pursuant to Chapter 3.B.9 of CCAC,the site plan shall illustrate the following: Lot dimensions; Required setbacks for the dock facility; Cross section showing relation to MHW/MLW and shoreline(bank, seawall, or rip-rap revetment); Configuration,location, and dimensions of existing and proposed facility; Water depth where proposed dock facility is to be located; Distance of the navigable channel; Illustration of the contour of the property; and Illustration of dock facility from both an aerial and side view. Many of these components have been provided throughout the submitted drawings;however,if possible,it would be good to provide an additional drawing, with the help of the survey that incorporates all these elements. Correction Comment 10: On the CD and hardcopy,please include my completed version of page 6 of 7 of the pre- application meeting notes,because this is the form that waives the requirement for a Chart of Site Waterway. Please include my completed version of page 7 of 7 of the same pre-application meeting notes,because this is the form that shows the application was routed to Addressing, County Attorney's Office,Engineering,Environmental,and Graphics. Please see attached page 6 of 7 of the pre-application meeting notes as well as sheet 7 of 7 of the BDE application package also taken from the pre-application meeting notes. Correction Comment 11: Place a note on site plan that all dock facilities,regardless of length and/or protrusion, shall have reflectors and house numbers,no less than 4 inches in height,installed at the outermost end on both sides. Please see attached updated dock exhibits (sheet 3 of 7)indicating the proposed vessels sizes. Correction Comment 12: The application indicates the side(east)setback would be 13 feet whereas the drawing, "Proposed site with dimensions"indicates 14 feet. Please correct this discrepancy Please see attached updated BDE application. Correction Comment 13: With respect to the drawing"Proposed site with dimensions,"staff recommends including the distance of the protrusion for those docks located on the abutting properties. Please ensure it matches the application. Please see attached sheet 7 of 7 of the updated dock exhibits. Correction Comment 14: Demonstrate compliance with LDC Section 5.04.06.J. Per...our..review..of the.LD.C.and conversations with.Steve-Lemberger..-with Collier County Environmental Department,the seagrasses on site are part of are larger continuous seagrass bed within the bay. Therefore the proposed design is one of the few available options the applicant could propose based on all the different permitting agencies criteria. Correction Comment 15: For information only: If deemed necessary based upon review of the primary and secondary criteria of Section 5.03.06.H,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include,but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors,or reflectors larger than four(4)inches. Any reasonable condition request made by the Planning Commission would be incorporated to the proposed plan. Rejected Review: County Attorney Review Reviewed By:Scott Stone Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 16: The Section,Township and Range information on the application does not match the Property Appraiser's website for this property. Please see attached updated BDE application. Correction Comment 17: Add Petition Number to the top of the Affidavit of Authorization. Please see attached updated Affidavit of Authorization. Correction Comment 18: Is the seagrass a continuous bed of seagrass located off shore and adjacent to the property? If not, the dock facility must stay at least 10 feet from the seagrass,and therefore this proposed dock violates LDC Section 5.03.06 J.2. If yes,then please demonstrate compliance with LDC Section 5.03.06 J.3.a-d. The seagrass bed within the applicant's riparian rights has been determined to be a continuous seagrass bed therefore the proposed dock footprint would be acceptable based on the LDC. Correction Comment 19: Demonstrate compliance with LDC Section 5.03.06 J.4. The seagrass bed within the applicant's riparian rights has been determined to be a continuous seagrass bed therefore the proposed dock footprint would be acceptable based on the LDC. Correction Comment 20: The-proposed boat dock facility is located within the Special Treatment overlay,so you must obtain an ST Permit. n An ST Permit has been granted pending the BDE approval. The applicant has already received State(DEP) and Federal (ACOE)permits for the proposed docking facility and are provided with this RAI response, Upon your review of the above responses to your questions and associated attachments please let me know if you have any additional questions or need further clarification. You can reach me at(239)643-0166 or email Jeff@turrell-associates.com Regards, --- -/-- e Jeff Rogers Project Manager Turrell,Hall &Associates, Inc. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 11, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL201 50001 1 1 9-Beth Murphy and John Morrissey-Pumo request a 67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32,Township 51 South, Range 26 East, Collier County, Florida. - 11111:4" i:I N a 30 n j w ' MARCO SHORES y 4 28 m m COUNTRY CLUB 1 ROOKERY BAY h W it a o t< L. �11011 } N z D All interested parties are invited to appear and be heard. All materials used r- m in presentation before the Hearing Examiner will become a permanent part v) of the record. ° D_ r Copies of staff report are available one week prior to the hearing. The file can Z be reviewed at the Collier County Growth Management Department, Zoning m Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. cn The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner $ EXHIBIT 1.11.J1, Collier County, Florida No.891557 Januarv27 2016 eY 910U0 gTANmIH or>p'lelem-Jo-ylp1m-308-9LSNA1N1100-11W213dU.33HS\CVO'P-E N- GD soO.631-6989 a/ 1� r 1\ X to rrl r, 4E ,fit L 'Y O •tom, �. yam- ,gyp' *' y� V I {4,5s� 'f• »?a A } �S r b n ,sAp f° . y y. . ^A � T � 50. `. r 4.,, ,i,..., ,,,, . .,., , . , -=3 ri, g . , - ,, . ,--. - . -7"4 : •,.,' , ., \-, . , ,,,,,, „ 0 ,..,,,.... iiry g p, . kti 4 ...- ,, , . .w ,T.3 (-)a- ig 0 ,,,,,-,fs:::•,,-..'--.I4+1,. ,, -• '-w .- L-4" - ------' - '''''**;:- N N QQ „9c •. , .. 3` C t A:A,„:„ ., +� ¢ t . t .: R��{ it _ K& m 2 F- APPROX 1024' 0 C APPROX. 907' _ Q • xiI s".. C o i j" n 0 2OAOm ' ' R= M . . � ti :I. P '.<''. 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