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CCPC Minutes 12/18/2003 RDecember 18, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 18, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Govermnent Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Brad Schiffer Paul Midney (Excused Lindy Adelstein Dwight Richardson (Excused) Kenneth Abernathy George Evans Robert Murray ALSO PRESENT: Joe Schmitt, Comm. Deb & Envirmunental Services Ray Bellows, Planning Fred Reischl, Planning Marj orie Student, Assistant County Attorney David Weeks, Planning Mike Deruntz, Zoning Page 1 AGENDA (REVISED) COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY~ DECEMBER 18, 2003, IN THE BOARD OF 'COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLF~, FLORIDA: NOTE: INDIVIDUAL SPEAKERS ~tJ BE LIMITED TO S MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED l0 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED ~Y THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST'SUBMIT' SAID MATERIAL A MINIMUM OF I0 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHA!~L BE SUBMITTED TO THE APPROP,,RIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND .WH-L BE AVAILABLE FOR pRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO'BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDF_2.,'DA TO THE AGENDA 4. PLA2.~qLNG COMMISSION ABSENCES 5. APPRO~ rAL OF MINUTES - NOVEMBER 20, 2003, AND THE LDC MEETING MINLYrES OF NOVEMBER 20, 2003 6. BCC REPORT- RECAPS- DECEMBER 2, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS 11. 12. 13. A. BD-2003-AR-4820, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 ~'eet into the waterway'. The property is located at 5336 Barefoot Bay Court, further described as Lot 5, Block A, 'Barefoot .Bay~ The property is in Section 6, Township 48 South, Range 25 East,' Collier County, Florida. (Coordinator: Joyce Ernst) B. BD-2003-AR-4821, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5340 Barefoot Bay Court, further described as Lot 4, .Block A, Barefoot Bay. The property is located in Section 6, Township 48 South, Range 25 East, Collier County~ Florida. (Coordinator: Joyce Ernst) C. VA-2003-AR-4768, Craig R. Woodward, Esq. of Woodward, Pires & Lombard0, P.A:, representing Albert Dowacter, requesting a 1.8-foot and a 7.3 foot after-the-fact variance from the requi/~d "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 feet to 5.7 feet for a shed on th'e north side of the property and a 7.3- foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 ClarY Road, Pia~. tatlon Island Unit 2, a platted but unrecorded subdivision, Lot 38, in Section 24, Township 53, Range 29 East, Collier County, Florida. (Coordinator: Michael J. DeRuntz) / D./ PUDZ-2002.AR.3411, Robert $. Mulhere, AICP, of RWA, Inc, representing the applicants, Carl M. Nagel, managing partner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for a project to be known as Nagei'-Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in building not to e~ceed 35 feet in height for 37.5+ acres of property located on the west side of Collier Boulevard approximately IA mile norih of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) Fe CU-2003-AR-4583, Beth Kosmerl/Stuart Kaye, of Kaye Homes, reqUesting Conditional Use g9 of the "E" zoning district, to allow the continuation of a Model Home/Sales Center per LDC 2.2.3.3. and 2.6.33.4. for 2.85 acres located at 910 39* Street S.W., further described as North 180 feet of Tract 151, Unit 27, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Michele Mosca) CU-2003-AR-4799, Edward B. Hanf, of American Dream Builders, Inc., requesting Conditional Use 9 in the "E" Estates zoning district for a model home and sales center per Section 2.2.3.3. of the Land Development Code. Property is located at 4050 13th Avenue S.W., on the southwest corner of 13a~ Ave SW and Collier Boulevard (C.R. 951) Golden Gate Estates Unit 26, Tract 119, in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting o'-,: 54- acres. (Coordinator: Michael J. DeRuntz) (Will be rescheduled at a later date.) OLD BUSINF~S NEW BUSINESS: A discussion of Resolution 03-10289 from the City of Naples requesting the Collier County Planning Commission to continue the scheduled hearings for PUDA-03-AR-4008 and DOA-03-AR4777 for a period of 60 days to allow the City of Naples an opportunity to gain additional information as set forth herein and to prepare an appropriate response. I PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN December 18, 2003 e e Chairman Russell Budd called the meeting to order at 8:30 AM, and the Pledge of Allegiance was recited. Roll Call - A quorum was established with Mr. Richardson and Mr. Midney being excused. Addenda to the Agenda - (1/1/03) meeting was cancelled due to the holidays and was moved to (1/15/03). -Moved item 10 to number 1 on the agenda. -Item D PUDZ-2002-AR-3411, from Mr. Mulhair, requested to be continued to the next meeting (1/15/03). -Item F to be continued to an in determent date Mr. Abernathy motioned to continue F. Second by Mr. Adelstein. Carried unanimously 7-0. Absences - Everyone is planning on being absent on (1/1/04). Approval of Minutes - November 20, 2003, and the LDC Meeting Minutes of November 20, 2003. Mr. Abernathy moved to approve the morning minutes of November 20, 2003 as amended. Second by Mr. Adelstein. Carried unanimously 7-0. -Page 7 - Mr. Abernathy stated, in regards to the afternoon minutes the discussion of Waterside Shops and Crayton Road is inadequate and the community at large is not in favor. -Mr. Keesy wrote a letter and made it clear that he did not want to be apart of any opening of Pelican Bay. -Mr. Richardson said that the Waterside Shops amendment creates a need for Crayton Road. -Mr. Abernathy stated that there are connections between these issues so they should be heard together. -The staff attorneys said that the issues should not be heard together. -Transportation staff said it was not a requirement. That it is an alternative reccomendation. -Mr. Abemathy motioned that the afternoon minutes need to be expanded. Mr. Abernathy moved to approve the afternoon minutes of November 20, 2003 as amended. Second by Mr. Adelstein. Carried unanimously 7-0. o BCC - Recaps- December 2, 2003 - Development order amendment extension with two conditional uses for the Logan Lakes excavation with approval 5-0. And a summary item for conditional use AR3906 for St. Paul's Orthodox Church approved 5-0. 7. Chairman's Report- none Page 2 December 18, 2003 Advertised Public Hearings -Item 10 is now the first item. It is a procedural matter and does not require swearing in. -Mr. Strain refrained from participation because of employer conflict of interest. -Mr. Schiffer refrained from participation because he is a consultant for WCI properties. STAFF Mr. Schmitt- had no presentation but wanted to point out that they had received the two resolutions from The City of Naples. Specifically resolution 031-10289 requesting the CCPC to grant The City of Naples a 60 day extension for scheduling hearings and processing of the petition numbers PUDA-03-AR4008 which is a Pelican Bay PUD and petition #BOA-03 AR4777 Pelican Bay BRI. No explanation except that it was passed without any county input. He sent an e- mail to councilman Russell in regards to the Crayton Road Extension and Waterside Shop. He stated in the e-mail that both Norm Feder and the transportation staff have no intention in pursuing the interconnection. This issue will not be heard until (1/15/04) and (1/27/04). Mrs. Student- was unfamiliar with the CCPC jurisdictions to hear the matter. She said that representatives from the city might wish to take the information back to city council and do another resolution. This issue should be moved to (1/15/04) -No registered speakers PETITIONER Larry Keesy-Waterside Shops & WCI -The meeting on (1/15/04) accommodates everything the city needs except Mr. Russell, back in May, at the regional planning council meeting asked Mr. Keesy for the traffic study. He provided the traffic study for Mr. Russell in May and has never heard back from him. Mr. Abernathy motioned to deny their motion to continue the matter for 60 days, assuming that they have the jurisdiction do that. Second by Mr. Murray. Carried unanimously 7-0. BD-2003-AR-4820, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5336 Barefoot Bay Court, further described as Lot 5, Block A, Barefoot Bay. The property is in section 6, Township 48 South, Range 25 East, Collier County, Florida. Page 3 December 18, 2003 Mr. Budd- Stated that both item A and B will be conjoined. Those testifying were sworn in by Mr. Budd. Disclosures- none. PETITIONER Miles Scofield - representing petitioner - He is currently working on Lots 4 and 5. All the docks are the same docks, 4-foot wide walkways leading to a 6x28-ft T-Dock. In order to dock a boat you need a boat dock extension. Asking for an 8-foot extension from the 20 feet permitted. There is a mangrove shoreline, which is not easy to measure. Mr. Adelstein- asked what would be the water depth at the 20-foot shoreline. Miles Scofield- water depths are shown in your packet, approximately 3-feet. Mr. Adelstein- asked if Mr. Scofield was hypothetically saying that each boat would be 26-feet long. Miles Scofield- answered that all boats are between 20 and 26 feet. Mr. Abernathy- stated that 28-feet on Lot 5 throws you over the 25% width. You should take 27-feet, because you would want an extra foot for a margin of error. Miles Scofield- answered that the mangroves do imperch out in the water. Mr. Schiffer- stated that the location of Lot 5 makes the dock very visible for all to pass. Asked if he could bring the dock to the left side. Concerned about the view from the waterway. Miles Scofield- answered that Lot 5 is the largest lot and that they have put all the docks in the center of these lots. If you go down a waterway you are going to see docks everywhere. This subdivision is on Bonita Beach Road. Mr. Budd- stated that they don't know if the proposed area is a shallow area that you're dealing with, so you may need a further dock extension. Miles Scofield- answered that there is a little bit of a shallow area but all the lots are the same depth coming off the shoreline. Mr. Budd- Lets move on to another item. Page 4 December 18, 2003 STAFF Joyce Ernst - The Department of Land Zoning and Development Review, She has received no objections for this project. This meets all the criteria for the Land Development Code and therefore staff recommends approval. SPEAKERS Doug Fee - 921 Carrick Bend - He is the president of The North Bay Civic Association. He believes that a hearing should go in front of the Environmental Advisory Council or the Board of County Commission. He is asking that they consider with all the homes in this area that each one of these lot owners could come forward with an extension. He wonders why they want to go out to 28-feet and not stay at the 20-feet. These are very shallow waters and it is a very narrow channel lined with mangroves. He is concerned that there are a lot of lots in this area and that the possible extensions will create a situation where we are putting larger boats than the area can handle. Please consider this as you make your decisions. There is a group in the area that has hired a consultant. This consultant is studying the depths of the waterways, including Government Pass down to Wiggins Pass. Hearing was closed for motion and discussion. Motion passed 7 - 2. Mr. Schiffer and Mr. Voting "no". B. BD-2003-AR-4821, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5340 Barefoot Bay Court, further described as Lot 4, Block A, Barefoot Bay. The property is in section 6, Township 48 South, Range 25 East, Collier County, Florida. Mr. Strain motioned to pass BD-2003-AR-4821. Second by Mr. Abernathy. 22435. Ce VA-2003-AR-4768, Craig R. Woodward, Esq. of Woodward, Pires & Lombardo, P.A., representing Albert Dowacter, requesting a 1.8-foot and a 7.3 foot after-the-fact variance from the required "MH- ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 Clary Road, Plantation Island Unit 2, a platted but unrecorded subdivision, Lot 38 in Section 24, Township 53, Range 29 East, Collier County, Florida. Page 5 December 18, 2003 Those testifying were sworn in by Mr. Budd. Disclosures- none. PETITIONER Craig Woodward - representing petitioner - He was here today because his client has received a zoning complaint. The age of this subdivision predates Collier County zoning codes (22435). He was here regarding two variances, a shed 5.7 feet from the north side of the property line instead of the required 7.5 feet; therefore they are requesting a 1.8- foot variance. Secondly, the pool and screened in closure which is located on the south side, distance from the cage is .2-feet from the property line and the distance from the pool is 2.5-feet, instead of the required 7.5-foot setback, therefore requesting a 7.3-foot variance. CCPC has granted two variances for Plantation Island since 1987, variances 87-7 and 91-4. The adjacent neighbor to the north, Fred Kowalke has no objections to the shed remaining. The adjacent neighbor to the south, Bob Chipman has consented to the location of this pool and screen cage. Twenty immediate neighbors have signed a supporting petition. The applicant needs the pool for medical reasons according to Dr. Maurice Hansen, Cleveland Clinic, Naples, Florida. Dr. Corranda signed a prescription saying that the client has aquatic therapy on a daily basis. The code requirement would bring hardship to the family. He recommends a special zoning overlay like done in Goodland, Florida. Mr. Strain - Stated that he was curious to what the legal costs were to his client. Mr. Woodward - Answered that it was a $2,000.00 file fee plus legal fees. Mr. Abernathy - Stated that the neighbors should support an overlay petition and wondered why the pool company did not get a zoning permit. Joe Schmitt - Answered that a reputable pool contractor should have known the zoning rules. They have to carry out and follow the rules. Zoning will require permits for all parts of the house. It will have to be filed with the county. STAFF Mike Deruntz - Stated that there are 11 properties that support this variance request. The next-door neighbor, Mr. Chipman, would like an 8-foot fence put up along the property line if the variance is approved. Mr. Abernathy - Asked Mr. Woodward to please reword paragraph 2 of his conditions. Page 6 December 18, 2003 SPEAKERS Walter Roland - Lot # 38 E. Flamingo Drive- supports the variance. Fred Kowalke - Lot #42 Clary Ct. - Recorded that the shed looks perfect to him. Mr. Strain - Recommends that they apply for a variance for the fence. Mr. Bellows - A fence can have a 6-foot height maximum. An 8-foot fence would exceed the code. Mr. Woodward - Stated that they don't want to come back for an 8-foot fence variance. Motioned by Mr. Strain. Second by Mr. Mideny. Discussion - staff stipulations were in regards to a property lattice. The visible separation will be worked out at a later date. Carried unanimously 7-0. Em CU-2003-AR-4583, Beth Kosmer/Stuart Kaye, of Kaye Homes, requesting Conditional Use #9 of the "E" zoning district, to allow the continuation of a Model Home/Sales center per LDC 2.2.3.3. and 2.6.33.4. for 2.85 acres located at 910 39th Street S.W., further described as North 180 feet of Tract 151, Unit 27, Golden Gate Estates, in section 14, Township 49 South, Range 26 East, Collier County, Florida. Those testifying were sworn in by Mr. Budd. Disclosures- none. PETITIONER Stuart Kaye- Requested the approval of the conditional use for their existing model home center. Staff recommends putting in a sidewalk, and they are doing what they can to deal with that situation. Mr. Abernathy -Asked if they intend to change the hours of operation of the model center. Neighbors have seen cars there in the evening. Stuart Kaye- Answered that some appointments are open in the evenings due to customers who work during the day. Page 7 December 18, 2003 Mr. Schiffer - Asked if the single-family model is made to look like two units. Stuart Kaye - It looks like one home on the outside, but on the inside it is setup like two homes for merchandising purposes. Mr. Strain - The Golden Gate master plan should be consistent. Michele Mosca - The Department of Zoning and Land Development Review - Answered that they do allow model homes as a conditional use in the estates. Mr. Strain - answered that he is on the Golden Gate committee and does not remember that they allowed model homes besides as a temporary use. Michele Mosca - The Department of Zoning and Land Development Review - answered that this amendment just went through and was finalized in December. Mr. Strain - discussed that he has all updated papers and does not see it as a use. Asks if the legal department can search this subject for him. Mrs. Student - concludes that staff may be well to continue this matter so this can be looked into better. Mr. Budd- stated that he supports that and can't render an opinion until (1/15/04). Mr. Bellows - stated that the Land Development Code declares model homes are for a temporary use permit, with an extension available. Therefore we need clarification from conference and planning. Motion by Mr. Adelstein to move item CU-2003-AR-4583 to (1/15/03). Second by Mr. Abernathy. Carried unanimously 7-0. There being no further business on the CCPC, the meeting is adjoumed and will be continued to January 15th, 2004 at 8:30 AM. Collier County Planning Commission Chairman Russell Budd Page 8 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Comprehensive Planning Department · 2800 North Horseshoe Drive · Naples, Florida 34104 January 14, 2004 MILES SCOFIELD SCOFIELD MARINE CONSULTING 3584-B EXCHANGE AVE NAPLES, FL 34104 REFERENCE: BD-2003-AR-4820, DCS, INC. Dear Mr. Scofield: On Thursday, December lO, 2003, the Collier County Planning Commission heard and approved Petition No. BD-2003-AR-4820. A copy of Resolution No. 03-19 is enclosed approving this use. If you have any questions, please contact me at 403-2907. Sincerely, Departme~o~'Zoning and Land Development Review JE/lo Enclosure CC: DCS, INC. Attn: Damon Warfel, Pres. 1085 Business Lane, Ste 10 Naples, FL 34110 Land Dept. Property Appraiser Minutes & Records (BD, PSP & PDI) ~ Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File Phone (239) 403-2300 Fax (239) 643-6968 www. colliergov.net CCPC RESOLUTION NO. 03- 19 A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD-2003-AR-4820 FOR AN 8-FOOT BOAT DOCK EXTENSION FROM THE REQUIRED 20 FEET ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance 91-102, as amended) hereinafter referred to as the LDC, 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 considered the advisability of an 8-foot extension for a boat dock from the 20-foot length allowed by Section 2.6.21 of the LDC to authorize a 28-foot boat dock facility in an RSF-5 Zone 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 2.6.21; and WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: Petition Number BD-2003-AR-4820, filed on behalf of Damon Warfel, President, DCS, Inc., by Scofield Marine Consulting, for the property hereinafter described as: Lot 5, Block A, Barefoot Bay Subdivision on the plat thereof recorded in Plat Book 35 Pages 61-62 of the Public Records of Collier County, Florida, be and the same is hereby approved for an 8-foot extension of a boat dock from the 20-foot length otherwise allowed by Section 2.6.21 of the LDC, to authorize a 28-foot boat docking facility in an RSF-5 Zoning District wherein said property is located, subject to the following conditions: 1. A single-family dwelling unit shall be constructed on the subject lot prior to, or simultaneously with the construction of the boat dock. 2. Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be provided to Collier County prior to the issuance of a building permit. Page 1 of 2 Reflectors and house numbers of no less than four (4) inches in height shall be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway prior to the issuance of a certificate of completion. At least one (1) "Manatee Area" sign shall be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway prior to the issuance of a certificate of completion. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, shall be removed from the subject property prior to issuance of the required certificate of completion and the property shall be maintained free from all prohibited exotic species in perpetuity. 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 ... / ? r~- , day of .. ~,)c->c.e~av/.,_.z,.' ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA RUSSELL A. BUDD, CHAIRMAN ATTEST: C¢)fimunity Development and Environmental Sffrvices Administrator Approved as to Form and Legal Sufficiency: Mmj ori~Vll S~u~len£ Assistant County Attorney BD-2003-AR-4820/JFdlo Page 2 of 2 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Comprehensive Planning Department · 2800 North Horseshoe Drive · Naples, Florida 34104 January 14, 2004 SCOFIELD MARINE CONSULTING MILES SCOFIELD 3584-B EXCHANGE AVE NAPLES, FL 34104 REFERENCE: BD-2003-AR-4821, DCS, INC. Dear Mr. Scofield: On Thursday, December 18, 2003, the Collier County Planning Petition No. BD-2003-AR-4821. A copy of Resolution No. 03-20 is enclosed approving this use. If you have any questions, please contact me at 403-2907. Sincerely, Commission heard and approved Joyce Ernst, Planner Department of Zoning and Land Development Review CC: DCS, INC. Attn: Damon Warfel - President 1085 Business Lane, Ste 10 Naples, FL 34110 Land Dept. Property Appraiser Minutes & Records (BD, PSP & PDI) Customer Service Addressing (Peggy Jarrell) M. Ocheltree, Graphics File C C o Phone (239) 403-2300 Fax (239) 643-6968 www.colliergov.net CCPC RESOLUTION NO. 03- 20 A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD-2003-AR-4821 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 91-102, 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 considered the advisability of a 8ofoot extension for a boat dock from the 20-foot length allowed by LDC § 2.6.21. to authorize a 28-foot boat dock facility in a RSF-5 zone 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 2.6.21 .; and WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: Petition Number BD-2003-AR-4821, filed on behalf of DCS, Inc., by Scofield Marine Consulting, for the property hereinafter described as: Lot 4, Block A, Barefoot Bay in Section 6, Township 48 South, Range 25 East, as described in Plat Book 35, Page(s) 61-62, of the Public Records of Collier County, Florida, be and the same is hereby approved for, a 8-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC § 2.6.21., to authorize a 28-foot boat docking facility in the RSF-5 zoning district wherein said property is located, subject to the following conditions: o Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be provided to Collier County prior to the issuance of a building permit. Reflectors and house numbers of no less than four (4) inches in height muat be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway, prior to the issuance of a Certificate of Completion. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Completion. Page I of 2 All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to issuance of the required Certificate of Completion and the property must be maintained free from all prohibited exotic species in perpetuity. 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 /~r~+ day of ~'J¢'oc~c ,2003. COLLIER COUNTY PLANNING COMMISSION COLLIER//?UNTY, FLORIDA RUSSELL A. BUDD, CHAIRMAN ~Services iAdministrator vironmental '~A, p~zoved als~to Form a. nd Legal Sufficiency: Patrick G. White Assistant County Attorney B Do2003-A R-4821/JE/Io Page 2 of 2