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Agenda 01/12/2016 Item #17D 1/12/2016 17.D. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Kathleen Riley,et al. requests an appeal to the Board of County Commissioners of a final decision by the Collier County Planning Commission to approve Petition BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20- foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to accommodate a 26 slip multi-family docking facility for the benefit of a 15.61 ± acre project to be known as Haldeman Creek Docks in Sections 11 and 14, Township 50 South, Range 25 East, Collier County,Florida [Petition ADA-PL20150001703] (Companion to item 16A29]. OBJECTIVE: The petitioner has filed an appeal of the decision of the Collier County Planning Commission (CCPC) to approve a Boat Dock Extension petition which occurred at the properly noticed public hearing on July 2, 2015. Upon hearing of a requested appeal, the Board of County Commissioners (BCC) may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. CONSIDERATIONS: The petitioner requested an 18-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which would allow construction of a boat docking facility protruding a total of 24 to 38 feet into Haldeman Creek. The docks are proposed as an amenity to a Site Development Plan (SDP- PL20130000015 Haldeman's Landing), which has been approved for 16 multi- family buildings,totaling 64 residential units. The CCPC voted to approve the 26 slip facility by a vote of 3 — 1 at the public hearing on July 2, 2015. The petitioner filed for an appeal to the BCC of the CCPC's approval within the required 30-day appeal period. At the December 8, 2015 BCC meeting, during the hearing of the Appeal, the Appellant and Appellee reached a tentative oral settlement. The BCC directed Staff to incorporate the terms of the agreement into the Resolution, and bring it back for Board approval at the next BCC meeting. The result of that settlement is attached as a Resolution for the BCC's review and approval. As part of the oral agreement at the December 8, 2015 Board meeting, the configuration of the docks was revised to only allow for parallel parking of boats instead of angled slips. The parties to the appeal agreed to reduce the proposed boat dock protrusion from 38 feet to a maximum of 35 feet, but the total number of boats (26) remained the same. The dock will extend approximately 238 feet farther to the west. Project History: This is the second petition for a Boat Dock Extension for the subjectproperty. First Petition: In 2013, the Haldeman's Landing project applied for a Boat Dock Extension in order to construct docks as an amenity to multifamily housing. The petition included a request for 42 total boat slips, with a total maximum protrusion of 52 feet into the waterway. Petition BDE-PL20130001765 was originally scheduled for a public hearing before the Hearing Examiner (HEX). Because of public concern, the petition was rescheduled to the June 19, 2014 CCPC meeting in accordance with Section 2-87(6) of the Collier County Code of Laws and Ordinances. Four Commissioners were present and voted on this item. After testimony by the applicant, staff, the public and discussion among the Commissioners, there was a motion made for approval by Commissioner Chrzanowski, seconded by Commissioner Homiak. The vote was ^'11°a �_ *� ^m—;ssioners Ebert and Doyle dissenting, ack resulting in a 2 — 2 vote. The tie Pet Page_2_409 motion failed and the petition was 1/12/2016 17.D. denied. The Applicant filed an appeal. This appeal was originally scheduled to be heard by the BCC on October 28, 2014. At that meeting, the BCC remanded the appeal to the HEX for a non- binding recommendation. The HEX fact-finding hearing occurred on November 20, 2014 and included eight specific recommendations (please see the attached HEX Recommendations, pg. 5 and 6). Prior to the appeal being heard by the BCC on December 9, 2014, the Applicant withdrew the appeal. Second Petition: On February 27, 2015, the Haldeman's Landing project submitted a new petition for a Boat Dock Extension. The application contained numerous changes from the previous boat dock extension request, including a reduction in boat slips from 42 to 27 and reducing the total protrusion from 52 feet to 38 feet. The CCPC heard and approved the petition on July 2, 2015, subject to reducing the total boat slips from 27 to 26, and five conditions of approval, as set forth in CCPC Resolution 15-01. At the hearing, the Applicant claimed they had satisfied all eight of the previous recommendations provided in the Hearing Examiner's non- binding recommendation. Since the CCPC is the final decision maker on boat dock extensions, this petition for appeal was subsequently filed on July 27, 2015, and supplemented by application materials on August 28, 2015 and August 31,2015. Basis for Appeal: See documents entitled "Submittal Relating to Administrative Appeal PL20150001703, August 28, 2015. and "Supplement to Appeal dated August 31,2015". 1. At the July 2, 2015 CCPC hearing, the applicant's attorney in a general and non-specific manner "tendered' various individuals as undefined and undesignated "expert witnesses." As a result, the testimony of these three (3) individuals cannot be considered to have been expert testimony. Staff has no comment on the tendering of"expert witnesses". 2. The Staff Report to the CCPC failed to reference, mention or include the HEX Report. Staff did not include the HEX Report because the second petition was a "stand alone" application. The HEX Report is included in this appeal because it was mentioned by witnesses and Petitioner at the CCPC hearing. 3. The Resolution and approval does not limit ownership or control of the docks to upland unit owners in the proposed Haldeman's Landing development. Staff recommends adding the word "upland" to Condition #4 since the omission was a typographical error. 4. (Appellant's #5) The proposed dock facilities will have a major impact on the waterfront view of a neighboring waterfront property owners, contrary to the secondary criteria 2.d. Please see Staff Report. Staff believes this is a decision for the BCC based on evidence presented. Packet Page -2410- 1/12/2016 17.D. 5. (Appellant's #6) The existence of the mangrove shoreline, which is the primary basis for the requested extension, was a result of acts voluntarily taken by the applicant's predecessor in title. Please see Staff Report. Staff believes this is a decision for the BCC based on evidence presented. 6. (Appellant's #7) The applicant will be dredging along the mangrove shoreline to a depth of 4 feet. The dredging of the waterway to a depth of 4 feet along the shoreline will result in a need for a shorter and less extensive boat dock extension than that requested and approved. Please see Staff Report. Staff believes this is a decision for the BCC based on evidence presented. 7. (Appellant's #8) The "evidence", "testimony" and "discussion" as to the original construction/"excavation"/"dredging" of the canal was based only upon a set of plans and an "assumption" and not by any record drawings and thus did not qualify as competent, substantial evidence and could not form a basis for any action by the CCPC. No Staff comment. Staff believes this is a decision for the BCC based on evidence presented. 8. (Appellant's #9) The manner in which the CCPC addressed the "reconsideration" request precluded concerned and/or affected residents and/or property owners, including the parties appealing the CCPC decision, from further addressing the CCPC. This is not a Staff issue—no comments. 9. (Appellant's supplemental letter) The application that was approved by the CCPC and the CCPC approval did not address the following: A. The Collier County Land Development Code ("LDC") addresses dock extensions but does not provide conditions for docks specifically within drainage easements and the issues raised by the HEX Report as to impact on drainage and flood control were not properly or completely addressed. B. No hydraulic modeling was performed or provided to ensure that the flows within the waterway would not be impacted by the new dock facilities. Please see discussion in CCPC minutes(attached). Staff Evaluation: Staff continues to recommend approval of the Boat Dock Extension as proposed based on the reasons outlined in the Staff Report for the Boat Dock Extension petition heard on July 2, 2015 (attached). Packet Page -2411- 1/12/2016 17.D. As noted in the Staff Report, analysis indicates that this request meets five of the five primary - criteria. Regarding the six secondary criteria, criterion 3 is not applicable, and the request meets five of the remaining five secondary criteria. This petition requires a companion Special Treatment (ST) permit, which will be heard at the same Board meeting. If this appeal reverses the decision of the CCPC, it will not be necessary for the ST petition to be heard. FISCAL IMPACT: The Appeal request by and of itself will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: There is no growth management plan impact. It is anticipated that approval or denial of this appeal will not affect the growth management plan. LEGAL CONSIDERATIONS: The BCC hears appeals of final actions taken by the Planning Commission pursuant to Section 2-1163 of the Collier County Code of Laws and Ordinances. Section 5.03.06.H of the LDC outlines the criteria to be considered for a Boat Dock Extension petition. In order to approve a boat dock extension, at least four out of five of the primary criteria and at least four of the six secondary criteria must be met. 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 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 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.) 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.) 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.) 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.) Packet Page -2412- 1/12/2016 17.D. 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.) 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 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 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.) 5. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) 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.) Based upon its review of the record of the CCPC hearing, and the testimony and other materials presented as part of the hearing on the appeal, the BCC may affirm, affirm with conditions, reverse or reverse with conditions the actions of the CCPC. This item has been approved as to form and legality and requires a majority vote for Board approval.(SAS) RECOMMENDATION: Staff recommends that the BCC affirm the action of the Planning Commission's approval of BDE-PL20150000487 (Haldeman's Landing) as set forth in CCPC Resolution 15-01 and modifications based on the terms of the oral settlement between Appellant and Appellee at the December 8, 2015 Board meeting as depicted in the attached Resolution. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Staff Report 2) Boat Dock Extension Application: http://www.colliereov.net/ftp!2015BCCMeetines/AeendaOct1315/GrowthMg hit'Application%20Haldeman%27s%20Landina%20Boat%20Dock.Ddf Packet Page -2413- 1/12/2016 17.D. 3) CCPC Resolution 15-01 4) July 28, 2015 Petition for Appeal 5) August 28, 2015 Appeal Cover Letter 6) Submittal Relating to Administrative Appeal, PL20150001703, August 28, 2015 http://www.collieraov.net/ftp/201 SBCCMeetinas/AaendaOct1315/GrowthMg mt/Application Haldeman.pdf 7) Supplement to appeal dated August 31, 2015 http://www.colliereov.net/ftp/20I 5BCCMeetinas/AgendaOct1315/GrowthMg mt/Supplement to appeal dated August 31-2015.pdf 8) November 20, 2014 HEX minutes http://www.collieraov.net/ftp/2015BCCMeetines/AaendaOct1315/GrowthMg mt!November 20-2014 HEX Minutes.pdf 9) July 2, 2015 CCPC minutes http://www.colliergov.net/fm/2015BCCMeeting.s/A g:endaOct1315/Growth Mu mt/July 2-2015 CCPC minutes.pdf 10)HEX Report: http://www.coliiereov.net/ftp/20I 5BCCMeetinas/AeendaOct 1 315/GrowthMg mt/HEX Recommendation corn nlete.pdf 1.1)Permits: httn://www.collieraov.net%ftp/201 SBCCMeetines/AeendaOc.t13 I 5/GrowthMg mt/9A-1-laldeman%27s Landing Perm its.pdf 12)Correspondence 13)Legal Ad 14)BCC Resolution affirming the CCPC Decision with modifications Packet Page -2414- 1/12/2016 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Kathleen Riley, et al. requests an appeal to the Board of County Commissioners of a final decision by the Collier County Planning Commission to approve Petition BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to accommodate a 26 slip multi-family docking facility for the benefit of a 15.61 ± acre project to be known as Haldeman Creek Docks in Sections 11 and 14, Township 50 South, Range 25 East, Collier County, Florida [Petition ADA-PL20150001703] (Companion to item 16A291. Meeting Date: 1/12/2016 Prepared By Approved By Name: BellowsRay Title: Manager-Planning, Zoning Date: 1/6/2016 10:28:45 AM Name: BosiMichael Title: Division Director-Planning and Zoning, Zoning Date: 1/6/2016 10:35:18 AM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 1/6/2016 10:40:00 AM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 1/6/2016 10:41:24 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 1/6/2016 10:52:31 AM Packet Page-2415- 1/12/2016 17.D. Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 1/6/2016 2:12:09 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 1/6/2016 2:39:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/6/2016 2:58:13 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/6/2016 3:27:15 PM Packet Page -2416- 1/12/2016 17.D. CO eY County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 2, 2015 SUBJECT: BDE-PL20150000487, HALDEMAN'S LANDING BOAT DOCKS [COMPANION TO ST-PL20150000500] PROPERTY OWNER/AGENT: Owner: Standard Pacific of Florida, G.P., Inc. Agent: Timothy Hall 405 North Reo Street Turrell, Hall and Associates Tampa, FL 33609 3584 Exchange Avenue Naples, FL34104 REQUESTED ACTION: The petitioner requests an 18-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility protruding a total of 38 feet into a waterway that varies in width and is approximately 134 feet wide at its narrowest point. The docks are proposed as an amenity to a Site Development Plan (SDP-PL20130000015), which has been approved for 16 multi-family buildings, totaling 64 residential units. GEOGRAPHIC LOCATION: The subject site is within Sections 11 and 14, Township 50 South, Range 25 East. The site is accessed via Lakeview Drive with a proposed access via Haldeman Creek Drive in the abutting Windstar PUD. The folio numbers are 61835520008, 00388 360006, 00394880004, 00395320000 & 61835840005. The project boundary of the proposed multifamily development is highlighted on the location map on the following page. The dock is proposed along the south shore of Haldeman Creek. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request an 18-foot boat dock extension beyond the maximum 20-foot limit for the subject multi-family residential development. The boat dock facility will contain 27 slips. The total overwater dock structure proposed is approximately 5,820 square feet and protrudes a total of 38 feet into a waterway that varies in width and is approximately 134 feet wide at its narrowest point. The total length of the dock is approximately 613 linear feet with a width of 6 feet. BDE-PL20150000487, Page 1 of 9 Haldernan's Landing Boat Dock Extension. July 2.2015 CCPC Packet Page -2417- 1/12/2016 17.D. Pr.:'5 enWm-t Ifual■ EN IN III II e ((NOV 1 A„3 i)avw 3ma6AY6 t ON-W -P-0 tovoa Am) WW1 310NSAY6 Ime as o rE Err/ �_� OM El _1111M11 sie�ii III . 0 s m U 2F W. a as 0_ ©■n © m ai as o 0 .. ENE mi orl um NW 11M MEN alliam BEM II= 0 e x El �∎ = � ,m3 IE.=: C©7 amp OEM 5 ®ElMILS�NVao 9 a B 111111113E1167 ....,■11111 •311111371 M11311 11111113131rZI REVS 11111141.5 pip PIJC:011 .33 IMI Maim EME11111 WEN MF4316—/ 111111•11i1 •INZIE p. „.....4 litig 11113 EMI miN mina am .- MEE 11E4 Illigli X 4 MIS. cc ma MIME= MEM �� ®7N u E ��00 �(L s sc milg i :: �� ©9'�mm®same t 1337!16 3Md 'Q� V III 1 ; 111111 11t 1' > . L33Y16 6 ll YdtlY !{ ��1*` .EN M5 f 5 z go 0 ■.■ - aims A MY�� Q N 1 \ '1441111‘‘SIIW7N $111**7 a : 'i \vorp.,_1, 13315 Mel k { ! y 1s 7� N- <® tr".. 42ZCCa\r\--\;.\\;_-H J 31vos UL 10a Q] 0:,53,11,�IAY31 ELI —' n lO]OM31dYN o 'a= i w33 MEM OVO3 NOLSOMN1 °MB ..1 Z.; ..1¢p N A i i Egg a >s a\ -ri = a8.. )` , g 5 aeva 4Wlauanrc na: fag II IUNL ■1��' . m `'� @3 a, of ,„� 3' 3nlau aauNV.rn g y 1 ' ■■ a1 M° V,Ie gin _ p I l31� 06 P ' 3 �T/ w y ° 8H Z ` 0 I '.A 1.YA i 31 • .35 ' O 07111M1.1110 Al ; — � I pre- • 1155.11"31 woa o al F �� 1 IN 1 ¢o , rte_ _ GULF OF M XICO t Packet Page -2418 t: 1/12/2016 17.D. CSURROUNDING LAND USE &ZONING: SUBJECT PARCEL: Vacant multi-family parcels, with a zoning designation of RMF-6 & RMF-6(3); there is a Special Treatment(ST) overlay aver a portion of Haldeman Creek SURROUNDING: North: Vacant land& single-family homes, zoned RMF-6-BMUD-R1 East: Single family homes, zoned RSF-4-BMUD-R4 &RMF-6-BMUD-R2 South: Single-family homes, zoned RMF-6-BMUD-R1 & golf course, zoned PUD (Windstar PUD) West: Golf course, zoned PUD (Windstar PUD) ilyge :0. rt. w.narl +Pk$�, '�[---- �� y/P h _^ ,fir f L ekq.y.. .'" `Y 4T trr 1L,��"'Tv , l O t r -r'*v+r '-''nf'r ° �W' .' .°'w °P.K.,$,fu,�✓'"`N" ^a:a,`'§i,y.t ;-f .. a• i -P ,Ted > J• C c i it. wy J 'V�_ya� )4X i 4 .-e-J.' - M+ F �ia'�1 I . Nit { 4 i ' p{ I _ t Alli Aerial—detail of parcel in the area of the proposed docks(Collier County Property Appraiser) BDE-PL20150 , Page 3 of 9 Haldetnan's Landing Boat Dock Extension. July 2.2015 CCPC Packet Page-2419- 1/12/201617.D. vie Aerial-detail of parcel in the area of the proposed docks(Google) ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request, with the provision that a Special Treatment (ST) Permit is required prior to approval of an SDP which includes the boat docks. A portion of Haldeman Creek (including the subject portion) has an ST Zoning Overlay. The site qualifies as a moderate ranking under the Manatee Protection Plan and is therefore consistent with the Manatee Protection Plan for 27 slips. STAFF COMMENTS: In accordance with Section 2-87 of the Code of Laws and Ordinances, this matter will be heard by the Collier County Planning Commission (CCPC) instead of the Hearing Examiner. The CCPC shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the CCPC to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the CCPC: BDE-PL20150000487, Page 4 of 9 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page -2420- 1/12/2016 17.D. 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 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 27 boat slips, which is appropriate in relation to the over 600 linear feet of water frontage of the subject multi-family lot along Haldeman Creek. 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. According to the petitioner's application the water depth (approximately 3.3 feet) for the proposed dock facility is inadequate to gain safe access to water depths sufficient for the proposed vessels. In addition, the applicant has proposed maintenance dredging to minimize the proposed protrusion. 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 information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the existing waterway (varying in width and is approximately 134 feet wide at its narrowest point MHW line to MHW line). The applicant notes that the facility has been designed so that it does not impede navigation. 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 indicated on Exhibit 4, no portion of the proposed dock protrudes more than 25 percent of the width of the waterway. 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.) BDE-PL20150000487, Page 5 of 9 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page -2421- 1/12/2016 17.D. Criterion met. The applicant owns a major portion of the shoreline on the north side of Haldeman Creek and will place it under a Conservation Easement dedicated to the State which prohibits dock construction. Exhibit 5 indicates a permitted but not constructed dock facility on the north shore of the waterway (Sanctuary at Demere Landing). The two dock facilities will be separated by 97 feet of water. 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 Iocation 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 subject shoreline supports a mangrove fringe. The MHW line — the baseline for this extension request — extends into the mangroves, requiring an extension to reach adequate water depth. 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. As shown on the drawing submitted by the petitioner, the dock area is not excessive, maintaining a 6-foot walkway. 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.) Not applicable. This is a multi-family project. 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. According to the applicant, the dock facility is designed to have a minimal impact on the neighboring property owners. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) BDE-PL20150000487. Page 6 of 9 Haldeman's Landing Boat Dock Extension. July 2, 2015 CCPC Packet Page -2422- 1/12/2016 17.D. Criterion met. According to the Submerged Resource Survey submitted by the petitioner, no seagrass beds are known to be located within 200 feet of the proposed dock facility. Therefore, there will be no impact to seagrass beds. 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 met. The petitioner states that the property qualifies as a moderate ranking under the Manatee Protection Plan and believes that the ranking will change to preferred, once maintenance dredging is complete. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 3 is not applicable, and the request meets five of the remaining five secondary criteria. ADDITIONAL ANALYSIS: On June 19, 2014, the CCPC heard a Boat Dock Extension petition for the subject property. After testimony by the Applicant, Staff and the public, and discussion among the Planning Commissioners, a motion was made for approval. The vote resulted in a 2 — 2 tie, meaning that the motion failed. The current petition is new and not a resubmittal of the previous petition. It should be evaluated on its own merits. However, since the old and new petitions are on the same site, Staff has provided a comparison of some dimensions. DIMENSION 2014 2015 Maximum protrusion 52 feet 38 feet Number of slips 42 27 Over-water dock area 8,070 SF 5,820 SF APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the CCPC takes final action, an aggrieved petitioner, applicant, 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 date of final action by the CCPC. In the event that the petition has been approved by the CCPC, 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: This Staff Report was submitted to the Office of the County Attorney for review on June 12, 2015. BDE-PL20150000487, Page 7 of 9 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page -2423- 1/12/2016 17.D. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the CCPC approve Petition BDE- PL20150000487, subject to the following conditions: 1. Construction of the docks shall not commence until the approval of an Amendment to SDP-PL20130000015 for the upland housing development and the subject docks, and the issuance of a building permit for the upland housing development, as well as the docks. 2. An ST Permit is required prior to approval of an SDP for the boat docks. 3. A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. 4. Boat slips shall be owned and used by residents of the Haldeman's Landing multi- family development or its property owners association and shall not be sold, leased or rented to any other parties. Attachments: 1, Correspondence 2. Resolution 3. Application 4. State and Federal permits will be sent via email or will be printed at the Commissioner's request BDE-PL20150000487, Page 8 of 9 Haldeman's Landing Boat Dock Extension. July 2. 2015 CCPC Packet Page -2424- 1/12/2016 17.D. PREPARED BY: ‘) FRED REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: rA\ 120--(4 RAYMOND V7'BELLOWS, ZONING MANAGER DATE ZONINOIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: —„--, JAMES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT . ' NICK. CASALANGUIDA,.DEPUTY COUNTY MANAGER DATE GROWTH MANAGEMENT DEPARTMENT BDE-PL20150000487, Page 9 of 9 Haldeman's Landing Boat Dock Extension. July 2. 2015 CCPC Packet Page -2425- 1/12/2016 17.D. CCPC RESOLUTION NO. 15 - 01 _ .. A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PEITrION NUMBER BD-PL20150000487 FOR AN 18-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT ALLOWED BY SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 24 TO 38 FEET TO ACCOMMODATE A 27-SLIP MULTI-FAMILY DOCKING FACILITY FOR THE BENEFIT OF A 15.61 +1- ACRE PROJECT TO BE KNOWN AS HALDEMAN CREEK DOCKS IN SECTIONS 11 AND 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. [PETITION BD-PL20150000487] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and has considered the advisability of a 18-foot extension over the maximum 20-foot limit provided in LDC Section 5.03.06 to allow for a total protrusion of 38 feet into the waterway for a boat dock facility in a Residential Multi-Family (RMF-6(3)) zoning district for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 5.03.06; and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission at a public hearing,and the Commission has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY,FLORIDA,that: Petition Number BD-PL20150000487, filed on behalf of Standard Pacific of Florida, G.P., Inc. by TurreIl, Hall & Associates, Inc., with respect to the property described in the Attached Exhibit "A", be and the same is hereby approved for an 18-foot extension of a boat dock over the maximum 20-foot limit to allow for a total protrusion of 24 to 38 feet into the waterway for a boat dock facility, as shown on the Proposed Site Plan attached as Exhibit`B", in the Residential Multi-Family (RMF-6(3))zoning district wherein said property is located,subject to the Conditions of Approval attached as Exhibit"C", 115-CPS-0143 I/119I 495/1 J 72 Rev,7/10/15 Page 1 oft Packet Page -2426- 1/12/2016 17.D. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this day of July,2015, ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY,FLORIDA James French,Deputy Department Head Karen Homiak, ice-Chairman Growth Management Department Appr ved as to form and legality: Scott A, Stone Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B—Proposed Site Plan Exhibit C—Conditions of Approval(if any) 115-CPS-01431/1191495/1]72 Rev.7/10/15 Page 2 of 2 Packet Page -2427- 1/12/2016 17.D. .•1111• I OR S037 PG 1652 rtmfflIT"A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER, STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS; PARCEL 1: A PORTION OF THE NORTHWEST QUARTER OF SECTION Id,TOWNSHIP 50 SOUTH,RANGE 25 EAST,AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST AND THE WEST 330.00 FEET OF LOT 42, NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO, 2 AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS TIEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION I4;THENCE SOUTH 00° 13'02" EAST, 1331.46 FEET ALONG THE WEST BOUNDARY OF GULF SHORES,AS RECORDED IN PLAT BOOK 4, PAGE 50 OF SAID NAPLES GROVES AND TRUCK.CO.'S LITTLE FARMS NO.2, THE SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO THE NORTHEAST CORNER OF WLNDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11 THROUGH 15 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID WTNDSTAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330,45 FEET; THENCE NORTH 00° 13' 07" WEST, 462.39 FEET; THENCE NORTH 89° 35' 11" EAST, 30.47 FEET; THENCE NORTH 00° 13' 07"WEST, 1389.23.FEET; THENCE SOUTH 89"34' IS" WEST, 311.39 FEET;THENCE SOUTH 6P 04'16"WEST,50.12 FEET;THENCE LEAVING THE BOUNDARY OF SAID WINDSTAR,NORTH 00" 17'06" WEST, 197 FEET, MORE OR LESS,ALONG THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OP SAID SECTION 11 TO THE SOUTH BANK OP HALDEMAN CREEK;THENCE MEANDER EASTERLY ALONG SAID SOUTH BANK TOITS INTERSECTION WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11 AND TIlE WEST BOUNDARY OF DEMERE LANDING AS RECORDED IN PLAT BOOK 4, PAGE 14, OF SAID PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG SAID QUARTER. SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING TO TFIE SOUTHWEST CORNER or SAID DEMERE LANDING AND THE NORTHWEST CORNER OF LOT 42 OF SAID NAPLES GROVES AND TRUCK CO,'S LITTLE FARMS NO, 2; THENCE NORTH 89°30' 34" EAST, 330.00 FEET ALONG THE SOUTH BOUNDARY OF SAID DEMERE LANDING AND THE NORTH BOUNDARY OF SAID LOT 42;THENCE SOUTH 00° IS'15"EAST, 337.30 FEET, PARALLEL. WITH THE WEST BOUNDARY OF SAID LOT 42, TO THE SOUTH BOUNDARY OF SAID LOT 42 AND THE NORTH 13QUNDARY OF SAID GULF SHORES; THENCE SOUTH 89° 27'51"WEST, 330.00 FEET, ALONG THE SOUTH BOUNDARY OF SAID LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST CORNER OF SAID LOT 42, THE NORTHWEST CORNER OP SAID GULF SHORES AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11; THENCE SOUTH 00° 18' 15- EAST,334,79 FEET ALONG SAID QUARTER SECTION LINE AND THE WEST BOUNDARY OF SAID GULF SHORES TO THE POINT OF BEGINNING. 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OR 5037 PG 1653 LESS Ale EXCEPT: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14,SOUTI 1 00°13'07"EAST 1001.74 FEET TO THE POINT`OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 0013'07" EAST 329,53 FEET; THENCE SOUTH /19°35'14"WEST 330.47 FEET;THENCE NORTH 00 13'07"WEST 329.53 FEET;THENCE NORTH 399514°EAST 330.7 FEET TO THE POINT OF BEGINNING, EARCBL 2: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP SG SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG TI•HE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14,SOUTH 000 13'02"EAST, 1001.74 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE CONTINUING ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 009 13' 02" EAST, 329.53 PEET; THENCE SOUTH 89° 35' 14" WEST, 330.47 FEET; THENCE NORTH 00° 13' 07" WEST, 329.53 FEET; THENCE NORTH 89°35'14"EAST,330.47 FEET TO THE.POINT OF BEGINNING, PARCEL 3; THE WEST 140 FEET OP LOT 47 OF NAPLES GROVE AND TRUCK COMPANY'S LTCI'LE FARMS NO. 2, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK I.PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 30 FEET THEREOF AS CONVEYED JUNE 20, 1957 DY DEED TN BOOK It,PAGE 120 FOR EASEMENT FOR RIGHT OF WAY AND ROAD PURPOSES. 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Packet Page-2433- 1/12/2016 17.D. Conditions of Approval 1. Construction of the docks shall not commence until the approval of an Amendment to SDP--PL20130000015 for the upland housing development and the subject docks, and the issuance of a building permit for the upland housing development,as well as the docks. 2. An ST Permit is required prior to approval of an SDP for the boat docks. 3. A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. 4. Boat slips shall be owned and used by residents of the Haldeman's Landing multi-family development or its property owners association or condominium association for the 64 dwelling units and shall not be sold, leased or rented to any other parties. 5. The use of Dark Sky standards for all lighting used on the dock facility is required. EXHIBIT C Packet Page -2434- 1/12/2016 17.D. TO: Board of County Commissioners FROM: Vicki Tracy (Kathleen Riley,Kevin Sieg, Maurice Guiteriez) DATE: July 27,2015 - i RE: Appeal of Administrative Decision Attached please find; 1. Appeal of Administrative Decision of Administrative Official—BDE-20150000487—requesting an appeal in reference to the Haldeman Creek"Haldeman's Landing" proposed dock expansion 2. Petitions from various homeowner's and landowners in the affected area, opposing the dock expansion for Haldeman Landing. (16 pages) 3. Legal description of the Land referenced above 4. Check for$1000 to BCC for Appeal processing. It is our desire to have this petition heard before the BCC. 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Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Administrative Decision should be addressed to: Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 ra, Packet Page -2437- F. - 1/12/2016 17.D. l '4Z6t)wbrzyCtS30tt't13t odnzkri:.fin' iQ3$M-9.2acumin&paracdg.upmacya :10 AllYCINf10E-J-S3A1 3111(INV'c1N1 1 Nou.:,i35 yu Q 0 al-VS O O"1IV.L3a3 6L C.io.8V3 .St ,R1 e00 J-L1.t10S 30N3if.L!IF l+IGl.LGjS GIVE dO snug 1‘,101J.032 lilt-li b Ha.no$FllxoNt 21.11. CINY S!L'OHS zflO0-CIWS dO V.:D JO0 1S:IAA I.L QN 3FI.L 'Z1 .1.01 CIlYS 40 113N1103 1SVRILL1103 ail 01. 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North Horseshoe Drive Board CaaSed,Cin: l: Naples, FL 34104 and Loaf Government J.CHRISTOPBoHEER LOMBARDO Re: Appeal PL20150001703 (the "Appeal") relating to Boat Dock ard Certified:Marital andFatnilyIaw Extension Petition BDE-PL20150000487; CCPC Resolution No. 15-01 ROBERT E.MURRELL Dear Commissioner Tim Nance: Of Counsel DAVID E LEIGH I represent Kathleen Riley(Individually and as Trustee of the Kathleen Of c J. Riley Revocable Trust u/a/d June 2014 and sole beneficiary of said Trust, "Riley"), 2998 Poplar Street, Naples, FL. 34112; Vicki Tracy 3266 Lakeview Drive, Naples, Florida 34112 ("Tracy"); and, Maurice Gutierrez, 2736 JENNIFER L.DEVRIES f Shoreview Drive, Naples, Florida 34112 ("Gutierrez") in the above referenced JENNIFER M.TENNEY appeal requesting a reversal of CCPC Resolution No. 15-01 and the denial LENORE T. BRAKEFIELD of BDE-PL20150000487. MATTHEW P.FLORES J.TODD MURRELL Enclosed please find the attached original, 2 copies and a flash drive submittal containing some argument, materials and documents relating to the Appeal for review and consideration by the County Commission as part of the Appeal. No rights, concerns, arguments, positions or objections of the parties appealing the decision or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional arguments and materials before the Board of Collier County Commissioners ("BCC") as to the Appeal is specifically reserved. As noted in the attached submittal this filing and submittal of various argument, documents and materials herein as part of the Appeal is and are REPLY TO: being made and provided while reserving the right to further amend, modify 12 3200 TAMIAMI TRAIL N. or supplement this filing and Appeal with additional arguments and materials. SUITE 200 NAPL23, 6 34103 It is respectfully requested that the Appeal should be granted and the 239-649-6555 p y q pp g 239-649-7342 FAX C decision of the CCPC and Resolution No. 15-01 be reversed and that BDE- ❑ 606 BALD EAGLE DRIVE PL20150000487 be denied. P.O.BOX ONEE Res•= - u Iy su•y' ed, MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX I •n. P. Pir ., Esq. WWW.WPL—LEGAL.COM f APP/Ig Enclosure(s) Cc: with enclosure(s): Heidi Ashton-Cicko, Esq. Packet Page -2457- 1/12/2016 17.D. From: Kate Riley[kjbnaples74 @gmail.com] Sent: Monday, May 18, 2015 11:d8 AM To: ReischlFred; HomiakKaren; DoyleBrian; ChrzanowskiStan; RomanCharlette; Ebert Diane;StrainMark Subject: Haldeman Creek BDE Petition Attachments: boat liftJPG Dear Mr. Reischl and Collier County Planning Commissioners, I live directly across the waterway where Standard Pacific is petitioning for the boat dock extension along Haldeman Creek. I do not support the petition and would like this letter with attached photo to be included in the official record to the Collier County Planning Commission. Having viewed the waterway every day for the last 12 years, these are my concerns: 1) The navigational issues will present a public safety hazard. When a 25 foot boat backs out of an angled slip (15-20 feet wide) toward the NW direction then takes a 180 degree turn heading toward the Gulf of Mexico, there is a large possibility of a collision. Boats do not have brakes. 2) While Haldeman Creek may appear to be 120 to 150 feet wide, the actual navigable waterway in the center is only 15-20 feet. 3) When Haldeman creek was extensively dredged in 2006, I had my boat lift area dredged as well. Within two years, the silt was back (as the dredgers told me it would be). Photo attached was taken January 2015. I have to plan my boating activities. My boat lift is not usable during mid to low tides. I am fortunate to have a small wooden dock near my lift with mooring whips that allow me to tie up in slightly deeper water until the tide returns and I have enough water to put my boat back on my lift. When the purchasers of the proposed docks discover the bows of their boats in the muck along the bank (even after dredging) they will more than likely tie their boats toward the rear of their docks. This will make a bad situation worse. 4) Sanctuary Docks across from Haldeman's Landing: The Hearing Officer indicated on page 17 of his report that 'The Sanctuary application was supplied and approved with numerous errors. The Planning Commission, in approving this application, relied on the applicant's statements and documentation.' Are you going to approve another BDE with inconsistent information provided by the applicant as it was with the Sanctuary docks? Packet Page -2458- file://bcc.colliergov.net/data/GMD-Lusiuut✓s ozurianning%o20Services/C... 9/21/2015 1 1/12/2016 17.D. This is a quote from the memorandum Commissioner 1enning sent to the residents on October 26, 2014 after viewing this waterway by boat. 'On Saturday, I viewed Haldeman Creek from the water with Mark Strain and County Attorney Jeff Klaztkow. I gained a different perspective from the boat than the backup material before the Board at the upcoming meeting on Tuesday, October 28, 2014.' If anyone on the Planning Commission would be willing to experience the potential problem with this BDE on Haldeman Creek by water, I would be more than happy to accommodate you on my boat at your convenience. Thank you for taking my concerns seriously, Kathleen Riley 2889 Poplar Street Naples, FL 34112 239-774 4411 Packet Page -2459- file://bcc.colliergov.net/datal GMD-L1)SiUD1 Su/o"LUYlanning%20Services/C... 9/21/2015 1/12/2016 17.D. email 1 FW docks on haldermon creek From: StrainMark Sent: Monday, June 22, 2015 9:20 AM To: ReischlFred Subject: FW: docks on haldermon creek Please forward as usual . Mark 239.252.4446 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. Original Message From: Jack Hail [mailto:jackhail @embarqmail .com] Sent: Sunday, June 21, 2015 6:11 PM To: StrainMark Subject: docks on haldermon creek Hi , Iam writing regarding the hearing on the boat dock extension. Please don't allow this the creek is way to narrow and there is no good reason for it. If there complaint is there is not enough water please allow them to dredge it. Again don't allow anyone a boat dock extension it will impede navigation. Thank You Jack Hail 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. Page 1 Packet Page -2460- 1 /1�/�O1�� 17 [l '� ^-~ '~ ' ' '~' From: Strain Mark Sent: Fhday ]une19, IOl5IZ:46PK4 To: ReischlFred Subject: FW: Haldeman Creek Docks Please forward as usual 239252.4445 Under pLorido Law, e-moiL addresses are pubLic records. If you do not want your e-moiL address reLeased in response to a pubLic records request, do not send eLectronic moiL to this entity. Instead, contact this office by teLephone or in writing. From: K|beattY4Q(aao\.com [mai|to:0beatty48(aao|.com] Sent: Friday, June 19, 2015 12:33 PM 3m: StnainMark; Ebert Diane; KarenHumiak@cnUienoov.nst; Duy\eBr\an; ChoonowykiGtan; RonnanChadatbs Cc: FnedReich|@coiUengov.ne¢ Subject: Haldeman Creek Docks Dear Chairman Stnain, Vice Chair Humiak and commissioners Ebert, Roman, Doyle, Chrzanowski and Mr. Reischl, In light of the recent articles on the front page of the Naples Daily News on Friday, June 5th regarding data collected by CoreLogic about storm surge predictions in Collier County, which would have a major effect on creeks, rivers and streams, I urge you to take a step back in your considerations of approving ANYTHING at all to be developed right on Haldeman Creek. Please take the time to read this article. I truly believe adding these boat docks on Haldeman Creek is a hazard to the safety of the citizens on or anywhere near the Creek. We've been fortunate to not have a storm surge, which are massive walls of water that are formed by tropical storms and hurricanes, in recent years, These walls of water can top 20 feet and take with it everything in sight. We don't need extra boats, pilings and boat lifts floating easterly along with all that is already in place on Haldeman Creek. Why would anyone take this chance when these boat docks could be neatly tucked away on a side canal for the developer's project. With Naples being a designated "blue zone", I would think this means more than just health and fitness. This means thinking globally about our community and preparedness in protecting citizens. Storm surges are life threatening. Why contribute even one more thing to the mix? Although I stand aligned with the citizens group who are opposed to the Haldeman Creek docks for other reasons, such as safety for boaters, extreme congestion in the Creek and the harm to wildlife, particularly manatees, of which I've seen many this summer while kayaking on Haldeman Creek. These developers have other options. Please decide to move them in another direction, one that will cause less impact environmentally and in safe boating on the Creek. Please enlist your higher selves in doing what is right in this situation. Thank you for your time. I'll see you at the meeting. Sincerely, Karen Packet Page '2461' file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. Karen L. Beatty, ABR, GRI Downing-Frye Realty, Inc. Direct Cell: 239 269-7788 Direct Fax: 239 236-0365 www.karenbeatty.com NATIVE Floridian, loving Naples since 1977. Serving Buyers, Investors and Sellers since 1995! Bayshore/Gateway Triangle CRA Advisory Board since 2006 Member of NABOR, FAR, NAR P , . f MULTIPLE AWARD WINNER By the way... the greatest compliment you can give me is the referral of a friend or family member. I promise to treat them with the same care as I would my own. 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 requestt,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. Packet Page -2462- file://bcc.colliergov.net/data/GMD-LV SlC DES"/o20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. From: StrainMark Sent: Thursday,June 18, 2015 8:21 AM To: ReischlFred Subject: FW: AN INVITATION...ON HALDEMAN CREEK Please distribute as usual. Moo k, 239.252.4446 Under FLorida Low, 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: Janie Moore [mailto:zanyjaniec hotmail.corn] Sent: Wednesday, June 17, 2015 7:24 PM Cc: ROY& NANCY WILSON Subject: AN INVITATION...ON HALDEMAN CREEK I am inviting you to stop by any evening to watch the activity on Haldeman Creek. Nearly every evening you will find a few members of Naples Land Yacht Harbor, (we have 352 units), gather at 4:30 pm at the deck at the end of Pier A overlooking Haldeman Creek. We enjoy watching the birds, dolphins, manatees, and fish! Once you place docks on the creek, you will destroy the pristine nature of the creek. If you were to view the creek at low tide, you would realize that the dolphins and manatees would surely suffer injuries. Adding docks to Haldeman Creek is not the thing to do, no matter how many docks or what length. As of this date, no boat docks are actually on the creek below the commercial section at the Bayshore Drive Bridge. If boat docks are approved, it will bring in much more boat traffic to our pristine area. If approval "a must", why not in the basin around Haldeman Creek Drive? This is not an answer to the natural environment on a creek in possibly the only water way in Naples area with now pristine surroundings. Once the commissioners have approved the proposed docks, how can the commissioners then deny Windstar Country Club, Naples Land Yacht Harbor or the Sandpiper complex, possibly Sandpiper Street, the privilege to place docks on Haldeman Creek? PLEASE....no docks on Haldeman Creek! Packet Page -2463- file://bcc.col li ergov.net/data/GMD-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. From: StrainMark Sent: Wednesday,June 17, 2015 10:20 AM To: ReischlFred Subject: FW: Dock Extension Application - Haldeman Creek Docks Please forward as usual Mark, 239.252.4446 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: Roy Wilson [mailto:roy.wilson@gmail.com] Sent: Monday, June 15, 2015 1:31 PM To: HomiakKaren; EbertDiane; DoyleBrian; ChrzanowskiStan Cc: Strain Mark Subject: Dock Extension Application - Haldeman Creek Docks Dear Planning Commission Members, The following is my list of concerns/objections to approving the Dock Extension Application: General and overall: First, a dock extension application should only be considered AFTER it is determined that the developer "could" be allowed to place docks, of any type, in and over a waterway that was created through the owners having granted a legal easement. I would submit that any action on that area of Haldeman Creek created by the easement is 'off limits' to the building of docks. If any new docks are to be allowed; I do not think it is wise to grant this application as it will encumber Haldeman Creek with several hundred new "pilings' and decking onto the waterway whose main function is storm water drainage. This would be further exasperated if the plan allows dock owners to add boat lifts. It is inconceivable to think that these docks and their moored boats would not have any effect on water flow or debris capture. While their current application includes letters of 'subjective opinions' related to the proposed docks not impacting water flows these should not be acceptable evidence. Additionally, nobody knows for sure what will happen in a storm situation so why take the risk. Further, consider all the recent remarks by Federal, State, and County officials regarding global warming, rising water levels, and Packet Page -2464- fil e://bcc.colliergov.net/data/GMD-LD it;lir,YroLuriammng%20Services/C... 9/21/2015 1/12/2016 17.D. managing storm-water flow with weirs like the one feeding Haldeman Creek. There seems to be more unknown than known about how these issues will impact Haldeman Creek's performance. Items from the HEX report not fully answered in the current application: 1- The owners should produce a report on hydraulic impacts as studied using a 2-D tidal model so as to determine whether the proposed new docks and launches will impact the flows within the waterway (e.g. Haldeman Creek and it's connecting canals). 2- Produce expert testimony that studies the impact of sediment transport within the waterway and how that impacts/products erosion or sediment accumulation on other parts of the waterway. 3- Require specific language that formalizes that the docks will only be used, rented and/or owned by residents of Haldeman Landing/Regatta Landing. Items brought to mind from reading the various reports: 4-. The developer has never produced rationale to help all understand why they should be granted an extension rather that creating a "basin" or, creating docks on other parts of their `owned property' that would not impact the main Haldeman Creek. 5-If any dock extension is approved; require a specific plan that states the extent of mangrove trimming and reduction will take place as a result of building the docks/walkways. The purpose is to minimize the trimming. If approved, require a commitment to maintain the mangrove to the stated plan. Final Thoughts: I have often wondered why the developer keeps asking for the maximum vs listening to the objections of the public and has only made modifications after the HEX wrote his report. For instance, why not place the docks elsewhere....or why not submit a plan with all parallel docks (and no lifts) therefore minimizing adding structure to the Creek that may impede water-flow.... ?? Thank you for your consideration of the above, Roy Wilson Chairman, Haldeman Creek MSTU Roy Wilson @ Naples,FL Packet Page -2465- file://bcc.colliergov.net/data/GMD-LL it,lit✓.�/oGurlanning%20Services/C... 9/21/2015 1/12/2016 17.D. 239-821-4995 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. Packet Page -2466- file://bcc.colliergov.net/data/GMD-L1»iUUt Sv/o UYlanning%20Services/C... 9/21/2015 1/12/2016 17.D. email FW Hadleman creek From: StrainMark sent: Wednesday, June 17, 2015 11:24 AM To: ReischlFred Subject: FW: Hadleman creek Please forward as usual . Mark 239.252.4446 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. original Message From: Jean Mcsherry [mailto:jeanmc2 @.hotmail .com] Sent: Wednesday, June 17, 2015 11:08 AM To: strainMark subject: Hadleman creek Please vote no on extension of docks on hadleman creek. Jean Mcsherry/john Mcsherry 9 grouper drive Naples fl 34112. Full time residents. Thank you Sent from my iPhone 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. Page 1 Packet Page -2467- 1/12/2016 17.D. From: StrainMark Sent: Wednesday,June 17, 2015 10:18 AM To: ReischlFred Subject: FW: Haldeman Creek Dock Extensions Please forward as usual M o-ric/ 239.252.4446 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: William Townsend (maitto:bgtown111 @gmail.com] Sent: Wednesday, June 17, 2015 10:00 AM To: HomiakKaren; EbertDiane; DoyleBrian; StrainMark; ChrzanowskiStan Subject: Haldeman Creek Dock Extensions To the Collier County Planning Commission: I wish to inform you that I am against granting dock extensions on Haldeman Creek. I oppose extensions for the following reasons: 1. The proposed plan causes problems and congestion in the Creek. The developer would need to erect about 200+pilings and associated walkways. This could serve to gather debris in a storm that might lead to flooding. 2. Haldeman Creek is a'drainage canal'. The area where dock extensions are proposed is an area that was created to improve the flow of water to the Gulf. These docks would narrow that area,thus restrict the flow. 3. There are safety concerns for boaters entering and leaving the Lakeview area where they would need to make a 90 degree turn and then navigate around the docks. 4. There are other areas on the developers land where docks could be built. There is no reason to give the developer special consideration for a "dock extension" on Haldeman Creek. Again. I oppose granting dock extensions on Haldeman Creek William E Townsend 111 Pier H Naples, FL 34112 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. Packet Page-2468- file://bcc.colliergov.net/data/GMD-Liu 1L.,iitY iozurianning%20Services/C... 9/21/2015 1/12/2016 17.D. From: StrainMark Sent: Wednesday,June 17, 2015 1:50 PM To: ReischlFred Subject: FW: Haldeman Creek Docks-Against granting of boat dock entensions Please forward as usual. Ma-srli 2.39.252.4446 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: Richard Jay [mailto:rdjay14(agmail.com] Sent: Wednesday,June 17, 2015 1:46 PM Subject: Haldeman Creek Docks -Against granting of boat dock entensions As a resident of Naples Land Yacht Harbor and registered voter, I want to express my thoughts as to not granting an extension to boat docks being requested . I would highly recommend that you take a boat ride down Haldeman Creek to view the validity of my thoughts. 1 . Haldeman Creek is a drainage canal . It is narrow especially on the turns, and the turns are blind . I have met other boats while negotiating a turn, and it can be very exciting if both boat captains are not alert. With low tide making the creek more narrow, and more boat traffic being added, I can only see more accidents occurring . 2. More boat traffic will add to the undermining of sea walls. With many boats not observing the no wake Packet Page -2469- file://bcc.colliergov.net/data/GMD-Lll 5/Cabs%2UYlanning%20 S ervices/C... 9/21/2015 1/12/2016 17.D. signage already, I can only foresee damage occurring to our sea wall and other residents along Haldeman Creek. Repairs are expensive to the current residents along the creek, and this expense to us needs to be considered . 3 . There are other areas that can be used on the developers land for docks. Why does the developers need extensions for docks in the creek? 4. What is the developers compelling reason for granting the extension . The developers are just wanting the least expensive and easiest way to maximize their docks without any concern for the residents already on Haldeman Creek. 5 . Why is the request coming during the summer months. I do believe that the developer is looking for the time when more concerned residents are not in Naples who will voice opposition to granting the extensions. Richard D . Jay 102 Pier K 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. Packet Page -2470- file://bec.colliergov.net/data/GMD-Lustuvt�ro,Lurianning%20Services/C... 9/21/2015 1/12/2016 17.D. From: StrainMark Sent: Wednesday,June 17, 2015 10:18 AM To: ReischlFred Subject: FW: Halderman Creek pier extension request Please forward as usual. Mask' 239.252.4446 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: John Flaherty [mailto:21ff533@igmail.com] Sent: Wednesday, June 17, 2015 10:04 AM To: StrainMark Subject: Halderman Creek pier extension request Mr Strain I live on Haldeman Creek at 326 Pier E and overlook the project under construction. I think that the condo addition to the community is a good use of that land area. I am concerned about the dock-age and its encroachment into the waterway.The dock-age at the back of the airport for its marina seems to adequately work for the size boats that can navigate the Haldeman creek and they do not extend into the waterway as far as this request is asking. Please do not approve this request. Thank You Jolui F Flaherty 326 Pier E Naples 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. Packet Page -2471- file://bcc.colliergov.net/datalGMD-LD S/CDE S%20Planning%20S ervi ces/C... 9/21/2015 1/12/2016 17.D. o - From: StrainMark Sent: Wednesday,June 17, 2015 10:19 AM To: ReischlFred Subject: FW: Notification: Haldeman Landing Attachments: 20150616_085023.jpg; 20150616_084505.jpg Please forward as usual Mark/ 239.252.4446 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: Roy Wilson [mailto:roy.wilsonPgmail.com] Sent: Tuesday, June 16, 2015 11:08 AM To: ReischlFred Cc: McKuenElly; StrainMark Subject: Fwd: Notification: Haldeman Landing Fred, After our request to you to ask the developer to place his "notification signs" on the part of his property that faces Haldeman Creek, I decided to ride my bike to the Lakeview Drive construction entrance of the development. Attached are two pictures, one from the end of Lakeview Drive where Lakeview makes a 90 degree turn to the right (to give perspective as to the readability of the notification sign). Without driving further down what is effectively a dead end street, it is as close to the sign as one can get. I did drive all the way to the construction entrance, so picture #2 is the sign itself. To bad so few will ever see it. Thanks for whatever effort you made to get them to place the sign in a reasonable location. Roy Wilson Roy Wilson a Naples,FL 239-821-4995 Packet Page -2472- f le://bcc.colliergov.net/data/GIVID-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. From: StrainMark Sent: Thursday,June 18, 2015 8:22 AM To: ReischlFred Subject: FW: Proposed Halderman Creek dock extension Please distribute as usual Ma-rk. 239.252.4446 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: jon alberghini [mailto:ihaiberdhinK msn.com] Sent: Wednesday, June 17, 2015 10:05 PM To: HomiakKaren; EbertDiane; DoyleBrian; StrainMark; ChrzanowskiStan Subject: Proposed Halderman Creek dock extension Dear Collier County Planning Commissioners Homiak, Ebert, Doyle, Strain and Chrzanowski: I am writing you to state my opposition to the proposed dock extension request on Halderman Creek opposite Becca and the Naples Land Yacht Harbor community. We have been down this road before with the developer and the evidence presented at previous hearings and the findings of Mr. Strain clearly pointed out that were no compelling reasons to grant the previous requests. None of the facts heard at past hearings have changed; • Haldeman Creek is still a 'drainage canal' • The area of the docks is still an area that was created to improve the flow of water to the Gulf. • The docks would narrow that area, thus restrict the flow. Packet Page-2473- file://bcc.coll i ergov.net/data/GMD-LL),/L tar;N"/ozot'tanning%20Services/C... 9/21/2015 1/12/2016 17.D. • The proposed extension will require 200+ pilings and associated walkways • This could serve to gather debris in a storm that possibly could lead to flooding. • The proposed plan will cause congestion in one of the narrowest sections of the Creek. Photographic evidence was presented at past hearings showing how narrow the creek is at the proposed dock extension location, especially at 1/2 and low tide. • There are safety concerns for boaters going to and leaving the Lakeview area as they would need to make a 90 degree turn and navigate around the proposed dock extension. The developer wants the Commission to grant them an additional 18' extension beyond the standard 20' allowance for docks. There is no compelling reason to grant this special treatment of a dock extension. Very truly yours: Jon Alberghini 220 Pier E Naples Land Yacht Harbor" 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. Packet Page -2474- file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. From: William Townsend [bgtown111 @gmail.com] Sent: Thursday,June 18, 2015 8:06 AM To: ReischlFred Subject: Fwd: Haldeman Creek Dock Extensions Forwarded message From: William Townsend<bgtownl11(aigmail.com> Date: Wed, Jun 17,2015 at 10:00 AM Subject: Haldeman Creek Dock Extensions To: KarenHomiak( collier ov.net, DianeEbert(a7colliergov.net, BrianDoyle(a,colliergov.net, markstrainrcolliergov.net, StanChrzanowski@colliergov.net To the Collier County Planning Commission: I wish to inform you that I am against granting dock extensions on Haldeman Creek. I oppose extensions for the following reasons: 1. The proposed plan causes problems and congestion in the Creek. The developer would need to erect about 200+pilings and associated walkways. This could serve to gather debris in a storm that might lead to flooding. 2. Haldeman Creek is a'drainage canal'. The area where dock extensions are proposed is an area that was created to improve the flow of water to the Gulf. These docks would narrow that area,thus restrict the flow. 3. There are safety concerns for boaters entering and leaving the Lakeview area where they would need to make a 90 degree turn and then navigate around the docks. 4. There are other areas on the developers land where docks could be built. There is no reason to give the developer special consideration for a "dock extension" on Haldeman Creek. Again,I oppose granting dock extensions on Haldeman Creek William E Townsend 111 Pier H Naples, FL 34112 Packet Page -2475- file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. email Haldeman creek Extended Docks From: claire link [clairelink725 @hotmail .com] sent: Thursday, June 18, 2015 8:12 AM To: ReischlFred subject: Haldeman creek Extended Docks I am resident of Naples Land Yacht Harbor and a registered voter. I am against the extension of the docks on Haldeman Creek. The Creek is already too narrow and too shallow at low tide. It is dangerous with too many boats at times. Too much stress on the creek effects the sea walls of all residences. The builders have other options to build their docks so I am guessing that this option is the easiest and cheapest for them. The project should not be allowed on the narrow and shallow Haldeman creek. Claire Link 29 Grouper Naples, FL 34112 sent from my iPad Page 1 Packet Page -2476- 1/12/2016 17.D. _June 17, 201 5 I am a resident of Naples Land Yacht Harbor and I am a registered voter. I am not in favor of granting an extension to the extended boat docks that are being requested. My reasons are: 1) Haldeman Creek is a drainage canal. It is narrow and hard to negotiate. Low tide makes the creek more narrow and I feel that more boat traffic will create even more accidents. 2) Boat traffic undermines our sea walls, especially when no wake signs are ignored. Repairs to sea walls are extremely expensive to all residents along the creek and this is a serious consideration. 3) Why do the developers need extensions for docks on Haldeman Creek when there are other options that make more logical sense. 4) What is the main reason for granting the extension? Is it because it is the least expensive and easiest way to add their docks without any consideration for all the residents on Haldeman Creek? 5) I believe that this request is being made during the summer months when concerned residents are not in residence to voice their opposition. This is not fair! Thank you for your consideration, Claire Link 29 Grouper Naples, FL 34112 Packet Page -2477- p 1/12/2016 17.D. From: mescatem @aol.com Sent: Monday, May 25, 2015 4:47 PM To: ReischlFred Subject: HALDEMAN'S LANDING DOCK Dear Mr. Reischl, It is my understanding that the developer's revised Petition will be heard soon by the Collier County Planning Commission. You recall last April, I objected to the Public Notice being mailed to only those property owners within 500 feet of the proposed docks. I brought this to your attention by my EMail of April 22, 2014, to which you responded, "The Code does not prohibit notification beyond that which is required. " Since the County staff did not expand its mailing of those notices beyond the 500 feet, The Friends of Haldeman Creek and the Haldeman Creek MSTU Advisory Committee did. A listing of property owners paying their yearly tax to the Haldeman Creek MSTU was obtained from the County. The hearing notice was then mailed to those approximately 350 property owners. The purpose of this communication is to request the County, this time, to notify all 350 property owners of the upcoming hearing. Also, last year, the required sign notification was posted only at the West end of Lakeview Drive. Would it not be more appropriate to post this sign at the location of the proposed docks, on the shoreline of Haldeman Creek, where boaters can see it? Would this request not be within the intent of our Florida Sunshine Law? Respectfully, Bob Messmer Sent from Windows Mail Packet Page -2478- file:/./bcc.c olliergov.net/data/GMD-LDS/CDES%20Planning%20Services/C... 9/21/2015 1/12/2016 17.D. £+i 'Wj nistar On Na/es Ba June 23, 2015 Fred Reischl,AICP,Principal Planner Planning&Zoning Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: BDE-PL20150000487, HALDEMAN'S LANDING BOAT DOCKS (COMPANION TO ST PL201500000500) Dear Mr. Reischl The Windstar on Naples Bay Master Association, Inc. ("Windstar Master Association") controls the property which is adjacent to the proposed docks and consents and supports the construction of the proposed 27 docks by Standard Pacific. The annexation of the docks and the adjacent planned 64 coach home units into the Windstar community was overwhelmingly approved by the members of the Windstar community last year with 76 percent of the 550 residential emits voting in favor of the annexation. While we do not have exact numbers, most of these units are two-adult households and we believe predominately Florida residents and voters. We have thoroughly reviewed the plans for the 64 coach homes and the proposed 27 docks and we support both the construction of the docks and the adjacent 64 coach homes which, under the annexation agreement signed in 2013,became part of the Windstar Community governed by the Windstar Master Association. The portion of Haldeman's Creek where the proposed docks are going to be located is one of the widest portions of the waterway. Our review of the materials provided by the applicant and others, and from the personal experience of our boating residents, confirm that there is more than enough room to safely navigate vessels by the proposed dock system once installed. These docks will add to the tax base by themselves and by increasing the value of the 64 coach homes. The docks will provide business for the surrounding businesses based on supplying or repairing the boats which will use the docks. Packet Page -2479- 1/12/2016 17.D. Fred Reischl,AICP,Principal Planner, Planning& Zoning Department June 23,2015 Page No. 2 While we are dealing with Standard Pacific the developer now,these docks will be owned by individual tax payers who will contribute not only to the county but to the MTSU maintaining Haldeman Creek. We believe that the docks are positive for not only the 64 coach homes but the entire adjacent Windstar Community which is the neighbor most impacted by the docks and we believe the docks are a favorable and appropriate use of the property. Please contact us if you have any questions or desire any further input from us. Sincerely, Windstar on Naples Bay Master Association, Inc. . James Frost,President Packet Page -2480- 1/12/2016 17.D. From: StrainMark Sent: Wednesday,June 17, 2015 10:19 AM To: ReischlFred Subject: FW: Notification: Haldeman Landing Attachments: 20150616_085023.jpg; 20150616_084505.jpg Please forward as usual M arks 239.252.4446 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: Roy Wilson [mailto:roy.wilson @omail.com] Sent:Tuesday, June 16, 2015 11:08 AM To: ReischlFred Cc: McKuenElly; StrainMark Subject: Fwd: Notification: Haldeman Landing Fred, After our request to you to ask the developer to place his "notification signs" on the part of his property that faces Haldeman Creek, I decided to ride my bike to the Lakeview Drive construction entrance of the development. Attached are two pictures, one from the end of Lakeview Drive where Lakeview makes a 90 degree turn to the right (to give perspective as to the readability of the notification sign). Without driving further down what is effectively a dead end street, it is as close to the sign as one can get. I did drive all the way to the construction entrance, so picture #2 is the sign itself. To bad so few will ever see it. Thanks for whatever effort you made to get them to place the sign in a reasonable location. Roy Wilson Roy Wilson Naples,FL 239-821-4995 Packet Page -2481- file://bcc.colliergov.net/data/GMD-LDS/CDES%20Plarming%20S ervices/C... 9/21/2015 PUBLIC NOTICE PUBLIC NOTICE 1/12/2016 17.D. NOTICE OF PUBLIC HEAKINU Notice is hereby given that a public hearing will be held by the Board of County Commissioners of Collier County, FL at 9:00 A.M., on Tuesday, November 10, 2015, at the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 East ' Tamiami Trail, Naples FL,to consider an appeal: KATHLEEN RILEY, ET AL. REQUESTS AN APPEAL TO THE BOARD OF COUNTY COMMISSIONERS OF.A FINAL DECISION BY THE COLLIER COUNTY PLANNING COMMISSION TO APPROVE PETITION BDE-PL20150000487 FOR AN 18-FOOT BOAT N DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT ALLOWED BY SECTION O 5.03.06 OF THE LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 24 • a TO 38 FEET TO ACCOMMODATE A 26 SLIP MULTI-FAMILY DOCKING FACILITY FOR THE BENEFIT OF A 15.61 t ACRE PROJECT TO BE KNOWN AS HALDEMAN CREEK DOCKS IN SECTIONS 11 AND 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, a COLLIER COUNTY,FLORIDA. [PETITION ADA-PL20150001703] In - 1 NMLEb NRPOR. , 0) 2.1i 33 VILLAGE. . r L ' PUZ.9PRM51/AfD' S.L�.9011'�.. O CITY OF ......t,..ii IM5ON95F '07 r16 S __pow MV16 6gUL . �,. Cl- G f6.R.(NI QI NAP c- „ �� EN`ll F` �$,�.' C .MIFF..�R. - s12(D e NI ill 1z •N � ml.an fwuxn PROJECT `°'1'`°'"" N mRn 0 LOCATION �i 1...m.....„__.V h , , €r -la .no e \� � 1 Z v MOSTM D 16 15 1,1 13 r � i EU o All interested parties are invited to appear and be heard. Copies of the agenda materials will be ✓ made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County r- Government Center, a299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the z scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services m- Section, prior to Tuesday, November 10,2015. in NOTE:All persons Wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he may 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,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . TIM NANCE, CHAIRMAN DWIGHT E.BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No.749857 October 21,2015 . Packet Page -2482- , 1/12/2016 17.D. RESOLUTION NO. 16- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AFFIRMING THE DECISION OF THE COLLIER COUNTY PLANNING COMMISSION WITH MODIFICATIONS AND APPROVING PETITION BD-PL20150000487 FOR A 15-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 24 TO 35 FEET TO ACCOMMODATE A 26-SLIP MULTI-FAMILY DOCKING FACILITY FOR THE BENEFIT OF A 15.61 ± ACRE PROJECT TO BE KNOWN AS HALDEMAN LANDING, AKA REGATTA LANDING IN WINDSTAR ON NAPLES BAY, IN SECTIONS 11 AND 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION ADA-PL20150001703] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, on July 2, 2015, the Collier County Planning Commission heard Petition BD-PL20150000487 and approved the boat dock extension (CCPC Resolution 15-01): and WHEREAS, Anthony P. Pires, Jr., Esq., representing Kathleen Riley, et al., filed an appeal of the decision of the Planning Commission; and WHEREAS. the Board of County Commissioners is authorized under Section 2-1 163 of the Collier County Code of Laws and Ordinances to hear this appeal; and WHEREAS, on December 8. 2015. the Board of County Commissioners held a public hearing after notice as in said regulations made and provided, and considered the advisability of an 18-foot extension over the maximum 20-foot Iimit provided in Section 5.03.06 of the Land Development Code to allow for a total protrusion of 24 to 38 feet into the waterway for a 26-slip boat dock facility in a Residential Multi-Family (RMF-6(3)) zoning district for the property hereinafter described: and WHEREAS, at the public hearing, the Appellant and the Appellee entered into an oral Settlement Agreement, and both parties requested that the Board affirm CCPC Resolution 15-01 with modifications to reflect the terms of the oral Settlement Agreement; and WHEREAS, the Board directed staff to incorporate the terms of the oral Settlement Agreement into a Resolution, and bring back Petition ADA-PL20150001703 for approval on the Consent Agenda at the next Board of County Commissioners public meeting; and [ 15-C:PS-01461'1231493=11 115/16 Packet Page -2483- 1/12/2016 17.D. WHEREAS, the Board of County Commissioners has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by Section 5.03.06 of the Land Development Code, and that all oral terms agreed upon by Appellant and Appellee at the December 8, 2015 public hearing have been incorporated into this Resolution and the attached Exhibits; and WHEREAS, all interested parties have been given opportunity to be heard by this Board at a public hearing, and the Board has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The decision of the Collier County Planning Commission is affirmed with modifications, and Petition Number BD-PL20150000487, filed on behalf of Standard Pacific of Florida GP, Inc. by Turrell, Hall & Associates, with respect to the property described in the attached Exhibit "A," be and the same is hereby approved for a 15-foot extension over the maximum 20-foot Iimit provided in Section 5.03.06 of the Land Development Code to allow for a total protrusion of 24 to 35 feet into the waterway for a 26-slip boat dock facility, as shown on the Proposed Site Plan attached as Exhibit "B," in a Residential Multi-Family (RMF-6(3)) zoning district wherein said property is located, subject to the Conditions of Approval attached as Exhibit "C." BE IT hURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , Chairperson Approved as to form and legality r Scott A. Stone Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B —Proposed Site Plan Exhibit C —Conditions of Approval [ I5-CPS-01 46 111 23 14 93/1j I!5r16 Packet Page -2484- •••� 1/12/2016 17.D. OR 5037 PG 1652 p IBET"A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER, STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1: A PORTION OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 2S EAST, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST AND THE WEST 330.00 FEET OF LOT 42, NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION 14;THENCE SOUTH 00' 13'02" EAST, 1331.46 FEET ALONG THE WEST BOUNDARY OF GULF SHORES, AS RECORDED IN PLAT BOOK 4, PAGE 50 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO 2, TIIE SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO THE NORTHEAST CORNER OF WINDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11 THROUGH 15 Of SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID 'strINL)STAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330.45 FEET; THENCE NORTH 09° 13' 07" WEST, 462.39 FEET; THENCE NORTH 89° 35' 11" EAST, 30.47 FEET; THENCE NORTH 00" 13' 07" \VEST, 135923 FEET; THENCE SOUTH 89° 34' 18" WEST, 314.39 FEET;THENCE SOUTH 68°04'16" WEST, 50.12 FEET; THENCE LEAVING THE BOUNDARY OF SAID WFNDSTAR, NORTH 00° 17' 06" WEST, 197 FEET, MORE OR LESS, ALONG THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 To THE SOUTH BANK OF HALDEMAN CJCL:LK; THENCE MEANDER EASTERLY ALONG SAID SOUTH BANK TO ITS INTERSECTION WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11 AND THE WEST BOUNDARY OF DEN4ERE LANDING AS RECORDED IN FLAT 1300K 4, PAGE 14, OF SAID PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG SAID QUARTER SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING .m T F SOLO H;4'EST CORNER OF SAID DE". ERE L',N DING AND THE NORTHWEST CORNER OF LOT 42 OF SAID NAPLES GROVES AND TRUCE CO.'S LIT'I'LL FARMS NO. 2; THENCE NORTH 19" 30' 34" EAST, 330.00 FEET ALONG THE SOUTH BOUNDARY OF SAID DEMERE ANT/IN Ci AND'PIE I NORTH BOUNDARY OF.SAID LOT 42;THENCE SOUTH 00" 1E' 15" EAST, 30 FELT, PARALLEL WITH THE WEST BOUNDARY OF SAID LOT 42, TO THE SOUTH BOUNDARY OF SAID LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES, THENCE SOUTH 89" 27' 51" WEST, 330,00 FEET, ALONG THE SOUTH BOUNDARY OF SAID 1.0E 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST CORNER OF SAID LOT 42, THE NORTHWEST CORNER OF SAID GULF SHORES AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11; THENCE SOUTH 00` 18" 15- EAST, 334.79 FEET AM.ONO1 SAID QUARTER SECTION: LINE AND THE WEST BOUNDARY OF SAID GULF SHORES TO THE POINT OF BEGINNING, 4ornzzirc Sacrist Warranty Dc°d-WS:.Naniet,LLC:13423640 tRLS}OCS 134234,90 t 25259.tpW Packet Page -2485- 1/12/2016 17.D.a I I oR 5037 PG 3.653 LESS AND EXCEPT: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER SECI1ON LINE OF SAID SECTION 14,SOUTH 00'13'07" EAST 1001.74 FEET 7'0 THE POINT OF 131:GINNING OF THE HEREIN DESCRIBED PARCEL; THENCE corm/s1il/4G ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00'1307 EAST 329_53 FEET; THENCE SOUTH 89"35'14" WEST 330.47 FEET; THENCE NORTH 00°13'07"WEST 329.53 FEET; THENCE NORTH 89°3514"EAST 330.47 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER.OF SECTION 14, TOWNSHIP 5O SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER CC:LINTY, FLOM DA; THENCE ALONG THE NORTI 1-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, SOUTH 00° 13' 02" EAST, 1001.74 FEET TO THE PONT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE N ORTH-S 0 UT11 QUARTER SECTION LINE, sotrri 00° 13' 02" EAST, 329.53 FEET; THENCE SOUTH 89° 35' 14" WEST, 330.47 FEET; THENCE NORTH 00" 13' 07" WEST, 329.53 FEET; THENCE NORTH 89°35' 14"EAS1,330.47 FEET 10'11 IE.POINT OF BEGINNING. PARCEL 3: THE WEST 140 FEET OF LOT 47 OF NAPLES GROVE AND TRUCK COMPANrY'S LITTLE FARMS NO 2, ACCORDING TO THE PLAT RECORDED EN PLAT BOOR 1, PAGE 27, OF THE PLII.3LIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 30 FEET THEREOF AS CONVEYED JUNE 20, 1957 rlY DEED EN POOR I I, PAGE 120 FOR EASEMENT FC.)R RICIIIT OF WAY A ND ROAD Pt IR POSES. Corrz-mht Spetit.:warrtray Deed-WSC Naples,LLC:1342.36W_Ixtix) 11423690 I 2925'9.0004 Packet Page -2486- 1/12/2016 17.D. d A. 7.......----.......) W 4'C. i y lL W> w �x W O 0�>Q v O u _ z p - m iY d �J ' a H!H °-j S0 � o w o o a_ a •: O �cui I — Cn a;p, ■ - � ae #, F } ti v"°o _,-.W � S * LON=oCC0<- pax �S o o N i W �( L ° v•„++ ry aR. ^1) a; z z L¢U,,v ZYO Cf'¢' aw 0 0 0+ -zw w ¢a o aS 0 O w J� w rF 1 W- o -� m. ct " ' [a a w W . zrt0 YFir v y � r w v wZ k:c 3Z0 Z -2y6��.- �s r } h . p rn-6" i 4 w co.-a F�pr. O J i ° o i l.� UW W�W J Q w p .-• o v' a. 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A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. 4. The use of Dark Sky standards for all lighting used on the dock facility is required. The following condition was presented by the Appellant and Appellee, and accepted by the Board of County Commissioners at the December 8, 2015 public hearing: 1. The boat slips shall be owned and used only by the residents of the upland residential Haldeman Landing, aka Regatta Landing in Windstar on Naples Bay (the "Haldeman Landing"), multi-family development or by a Property Owners Association or Condominium Association established to exclusively serve the Haldeman Landing project (the "Haldeman Association"), where the only members of the Haldeman Association are unit owners in the upland residential Haldeman Landing multi-family development and no dock, boat slip, dock facility or launch facility shall be owned, used, sold, leased or rented by or to any other person. Provided further, that no dock, boat slip, dock facility or launch facility shall be owned by the Windstar On Naples Bay Master Association, Inc. (the "Windstar Association") or any affiliated or related entities or successors or assigns, unless acquired by the Windstar Association by foreclosure or deed in lieu of foreclosure of Windstar Association assessments imposed on an upland residential Haldeman Landing dwelling unit, and notwithstanding the foregoing no dock, boat slip, dock facility or launch facility shall be leased, rented or used by or to the Windstar On Naples Bay Master Association, Inc. (the "Windstar Association") or any affiliated or related entities or successors or assigns. Exhibit C [15-CPS-01461/1231545/1] 1/5/16 Packet Page -2491-