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HEX Final Decision 2016-10 HEX NO. 2016— 10 HEARING EXAMINER DECISION PETITION NO. BD-PL20150001024— Mike Scott requests a 42.7-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 approximately 62.7 feet, to accommodate the replacement of an existing boat dock facility with a new dock facility with one boat lift for the benefit of Lot 28, Southport on the Bay, Unit One, also described as 206 San Mateo Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: March 10, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant -t l3 iablic,, 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: Other than a representative of the applicant, there were no members of the public in attendance for this item and there were no objections received by staff. Staff received letters of no objection from both abutting neighbors. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20150001024, filed by Mike Scott, for a 42.7-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 62.7 feet, to allow the replacement of an existing docking facility with a new docking facility with a boat lift on the property 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 Exhibit B—Restoration Plan [15-CPS-01465/1243287/1]43 1 of 2 LEGAL DESCRIPTION: Lot 28, of SOUTHPORT ON THE BAY, UNIT ONE, according to the Plat thereof, recorded in Plat Book 15, Pages 51 through 53, of the Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The restoration work as detailed in the approved Restoration Plan (attached as Exhibit `B") must be completed and approved by County Environmental staff by time of Certificate of Completion(C.C.) for the 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. / n - l tP _2p 1 1. Date Mark Strain, Hearing Examiner Appr•*-d as toi rm and legality: luso Scott A Sto,- Assistant County Attorney [15-CPS-01465/1243287/1143 2 of 2 I r �oyy co 0 4., 411,7'"� 9kCO F.. O it O d f �.+u a my r10 �„ RI ti o"S n al c II [�r+ l/ 1/ .. 1 F- • VJ b N e n ..___________E---fti ( t w6d O m n _ .� w o co 9...I. 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N N O J 3 ; �N� O c-) Z o zz N m z zI- o f "I N Q Sl^?p>p>I N J C\1 w Q w Q to T N J Z"1 3 �' ›- O O d, w U m °' ��a ~ II II II II II Z z m n:- i-° !n <.<S 0 �iI°a n`� w 3°w J CIOavb 3 2 2 m 0 O0 z ww J SC00 J }� a Q¢w I- Z V wW Q Fg MJ 0 oa i+�oa z H�Q —__— W v 00 oN- O a_I it ��w—— i ° 0Za oZo> W Gn=a Z wa w >w .DAlel0 021bW Nvs Exhibit "A" Exhibit "B" Page 1 of 6 LiJIPLIJ JLZ SY1fix 206 San Mate© Drive Folio ID#74435003103 S06/T4SS/R2a,Collier County,FL ° L INTRODUCTION Collier County Environmental staff are currently reviewing an application for a docking facility located at 206 San Mateo Drive,submitted by Orick Marine. The County's review determined that the existing 20-foot Conservation Easement area along the property shoreline has been impacted with till and non-native landscape plantings. This work within the easement area was not authorized therefore Collier County staff are requiring that the Conservation Easement area be restored to natural conditions by removing fill and planting the area with native shrubs and groundcover. The property is identified on the property appraiser's website as 74435003103, which is approximately 0.24 acre lot situated within Section 06,Township 48 South, and Range 25 East,Collier County,Florida. This document outlines the restoration plan for the onsite Conservation Easement area It EXISTING CONDITIONS: HABITAT&SOIL DESCRIPTIONS The subject site consists of 0.24 acre dedicated to a single-family residential dwelling with a 20-foot wide (0.05 acre) conservation easement area along the shoreline. The conservation easement area was impacted with the placement of fill material and landscaped plantings. The existing plantings within the easement area consist of a ficus hedge (Ficus benjamina), cordgrass (Spartina app), and scaevola (Scaevola plumien). The groundcover within this area consists of St Augustine grass (Stenotaphrum secundatum). The conservation easement area will be restored as required by Collier County Environmental Staf£ Existing soil is fill placed on the property at the time the residence was constructed. Much of this fill will be removed from the easement area as part of this restoration plan. • III. PROPOSED PLANTINGS/RESTORATION The owner is proposing to restore the conservation easement area(0.05 acres)by removing the fill that was placed there during the construction of the house and creating a consistent slope being approximately 8:1,from the remaining upland fill area to the existing natural shoreline elevation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the easement area. 1 Exhibit "B" Page 2 of 6 The proposed plantings shall include a minimum 0111 midstory trees on 20' centers consisting of red mangroves and buttonwood trees,which will be placed higher up on the slope to ensure their survival, The groundcover will consist of 128 plants on 3' centers including leather fern,sea oxeye, and bay cedar which will be located higher up on the slope to help ensure their survival. All species listed should be utilized in even amounts if possible,but exact species numbers could be based on supply availability. Planting specifics are outlined below, Midstory plants: Nuigber of Trees=11 Red Mangrove(Rhyzophora mangle) 6 Buttonwood(Conocarpus erectus) 5 All midstory plantings will be installed on 20ft.centers with a minimum 1-3 gallon pot containers. Groundcover pJlants: Numlber of Plants=128 Sea Oxeye(Borrichia frutescens) 78 Bay Cedar(Suriaria maritlrna) 25 Leather Fern(Acrostichum aureum) 25 All groundcover plantings will be installed on 3ft. centers with a minimum 1 gallon pot containers. Please see attached exhibits for approximate layout of the proposed planting area. Irrigation maybe required for the top half of the easement area due to the distance from the ground water table to help ensure the plantings survival. For the lower half of the easement no irrigation is proposed due to the final elevations of this portion of the conservation easement being connected to the tidal water table which will keep the plantings hydrated naturally. IV. CREDENTIALS Jeff Rogers Project Manager for Thrall,Hall&Associates since 2005 B.S.Degree in Environmental Science,Rollins College Sustainable Development Course-Galapagos Islands,Equador Completed Southwest Florida Association of Environmental Professionals Wetland Delineation Training Course-2006 Florida Department of Environmental Protection Environmental Resource Permit Course-2006 Completed a FAEP Plant ID Class with Dr.Hall from the University of Florida- 2006 Primary career focus:Permit Compliance Mitigation and Monitoring 2 Exhibit "B" 3o Page f6 J XA. mm f. -TLJ'1 A C m O m� 0 /cn��d ..teOat I Ng L :n r rlitil hi mil lila VI cf) ill 1 K ®r 'I;ITN ot cD 11 ll r R°o o, m ` Xn W�M �� r 7,o� Z D (f."O z m a o ry z �/ 1 orn"118_ T m k W � c O� �� i 'D w Oz n° E 4r �z � oD e O 0 c U OZ °�o mZ z iiiipi Ci ;y ,,fi � ' rn =I ,91 xS ? *++ f t a og P '{ O ■ ''' �N u v A p a r m N N Ex " " Page hibit 4 of B 6 0,7-4.,WS. : _ ' '''''''''' ' ' : �► ,,fx2 .1s. / - , , ,,,,,,_ T R �•c H _ 2> ' 1 b p m atd0R° m g .-cv n cn 'A=, 1=1 ° o p Z dir 4 , , '' ■ ( rV.) 4. 0 q I 4 .y 1 _ --- ,g am : K.1-....,6.:,-,,,.,,,-,!.7:: .,-,244,..,‘,.1.e. 7-t7-'-.010:„.40,.44,s,,,,,-- 4—.- . - " " ' ."' 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