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Agenda 12/08/2015 Item # 9A12/8/2015 9.A. 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 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 f 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) (This item is a companion to Item 11A). 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 n The petitioner filed for an appeal to the BCC of the CCPC's approval within the required 30 -day appeal period. Project History: This is the second petition for a Boat Dock Extension for the subject property. 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 called with Commissioners Ebert and Doyle dissenting, resulting in a 2 — 2 vote. The tie vote meant that the motion failed and the petition was 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 Packet Page -7- 12/8/2015 9.A. 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 94 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 -8- 12/8/2015 9.A. (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. (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 49) 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 -9- 12/8/2015 9.A. 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 -10- 12/8/2015 9.A. 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(1) 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 with conditions the action of the Planning Commission's approval of BDE- PL20150000487 ( Haldeman's Landing) as set forth in CCPC Resolution 15 -01 with amended Condition #4 (below), and adopt a resolution reflecting the Board's decision. The resolution will be prepared subsequent to the Board's action. 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 inland dwelling units and shall not be sold, leased or rented to any other parties. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Staff Report 2) Boat Dock Extension Application: littp:Hwww.collier2ov.net/ftp/2015BCCMeetinas/AP-enda0ctl 3 1 5/Gro-wthMg mt/ Application% 20Haldeman% 27s %20Landi_na %20Boat %20Dock.pdf Packet Page -11- 12/8/2015 9.A. 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.colliergov. net /ftp /2015BCCMeetin gs /ALtendaOct 1315 /Gro -"IhMa mt /Application Haldeman.pdf 7) Supplement to appeal dated August 31, 2015 http: / /ww-vv.coll iergov. net /ftp /2015B CCMeetin as /A gendaOct 1315 /GrowthM g mt/Supplement to appeal dated August 31- 2015.pdf 8) November 20, 2014 HEX minutes http://w-",w.collieraov.net/ftp/2015BCCMeetings/AgendaOct] 315/GrowthMg mt/November 20 -2014 HEX Minutes.pdf 9) July 2, 2015 CCPC minutes http: / /www.collier2ov. net /ftp /2015BCCMeetings /AgendaOct 1315 /GrowthMg mt /July 2- 2015_ CCPC _minutes.pdf 10) HEX Report: http: / /ww--vv.collier2ov. net /ftp /2015BCCMeetings /AgendaOctl 315 /GrowthMg mt/HEX Recommendation completepdf 11) Permits: http: / /www.coll iergov. net /ftp /201.5BCCMeetings /A gendaOct 1315 /GrowthMg mt/9A -Haldeman %27 s Landing_Permits.pdf 12) Correspondence 13) Legal Ad Packet Page -12- 12/8/2015 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. 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 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 Item: 11A]. Meeting Date: 10/13/2015 Prepared By Name: ReischlFred Title: Planner, Principal, Growth Management Department 9/14/2015 10:22:25 AM Approved By Name: BellowsRay Title: Manager - Planning, Growth Management Department Date: 9/17/2015 5:10:07 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/21/2015 2:53:23 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/21/2015 2:54:09 PM Name: BosiMichael Title: Division Director - Planning and Zoning, Growth Management Department Date: 9/22/2015 8:29:30 AM Packet Page -13- 12/8/2015 9.A. Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/23/2015 8:35:19 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 9/30/2015 4:46:47 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 10/1/2015 9:46:19 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/1/2015 3:24:56 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/2/2015 10:24:12 AM w Packet Page -14- 12/8/2015 9.A. CO er LE tt �.i0 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, 00388360006, 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 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page-15- 12/8/2015 9.A. PIORNINE,L___ aFa x-arn:rexa '--•� —� (oroa aimU 3Maa norist 3tt°3f1NEYtr-O (moa A'rr3M) 3A1110 3aOW AVv � 111-1111C111 NOM hi o a .a� Lim, F 0 al Wilk Utii N !T� ^ -tom cm [©B imp; ©r:aro. a ot� N § 111.1113.4.115 3mnao\ .....Non car se CLIP IIIVEMI Er OM all 0 B �GL7 �T WIZ© F 11®CANAL ®EMI mil migiata©©n( [© LL u UM-9 NM 0 Fir, oPAir nanock-k am EARN NM ,r gac © . ! a . NM r„ i a ,i„r� , , , ,0 3 134; Snlrear �0��©` ° 1,... :.2,.... :iii . LI .:1_.d AilirPrkle.lifirr 0 I 1 \. 1 ma 6 Itil l.1 ,„ 1..\\ 1 01 =.; Q pus rna 1 ! �' l� 4�' n'to N r J 3745 Ol 10a d ,r0.-.... 0 G] S n sm OXY031•; n 111. d - E W fl avoa tats:7atnn a 911,11. l' k r` I ol !2 1 8 'Ill€ S. - Q gg 15 �i us;fd ' W mroa Oarnno-iaoaa,r W � T.' y3 :Z: _ .. a.. , irn 3 a j . la " I S; " **. 2IS �.. a Elf A Z X 6 �� S , 1 _ -.. , [__ liiiil AM ire%■••• •• a U a Z �� O U GULF OF MEXICO Packet Page-16- 12/8/2015 9.A. SURROUNDING 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 over 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) -It t P s J Z yr 0e44.1-Fe -:'.....7%.',7. H' � pS r.„ry + YMGem #i q ‘117,..."'i.- - ` ",- ,1 5€+> s n .', 744;t'' 34�- y r`. gym : ".` nw s i p � ` a - m , ,rt " '-�••/ ' ' "^, �, 4'7 r' n 1.,,-s-.401. { -_' • ' :�`f'' . am.rw z e y".,11 .7 ''r, t , '• "x"-0 . Sy° , Y tip [ �s4 . . a fi" ,,t �rti,,ff #•r""aiz ' A' ,F�. yt a. ,'•'�i Jay +,. ( �' 'v t "-°'",,- „` 33'1 qq +t�� d 1 Aerial—detail of parcel in the area of the proposed docks(Collier County Property Appraiser) BDE-PL20150000487, Page3 of 9 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page-17- 12/8/2015 9.A. AWL 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-PL20 150000487, Page 4 of 9 Haldeman's Landing Boat Dock Extension. July 2,2015 CCPC Packet Page-18- 12/8/2015 9.A. Primary Criteria 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. 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 -19- 12/8/2015 9.A. 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 location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The 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(1) of the LDC must be demonstrated.) BDE- PL20150000487, Page 6 of 9 Haldeman's Landing Boat Dock Extension. July 2, 2015 CCPC Packet Page -20- 12/8/2015 9.A. 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 -21- 12/8/2015 9.A. 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 -22- PREPARED BY: FRED REISCHL, AICP, PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: RAYM BELLOWS, ZONING MANAGER ZONIN IVISION - -MIKE BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: AMES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT NICE CASALAN UIDA "DEPTJTY- COUNTY MANAGER GROWTH MANAGEMENT DEPARTMENT BDE- PL20150000487, Page 9 of 9 Haldeman's Landing Boat Dock Extension. July 2, 2015 CCPC Packet Page -23- 12/8/2015 9.A. DATE DATE (- lS -rl`" DATE 6 _.2a -/- DATE DATE 12/8/2015 9.A. CCPC RESOLUTION NO. 15 -_O/ A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION 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 +/- 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- PL201500004871 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 Turrell, 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 ". [15- CPS - 01431/1191495/1] 72 Rev. 7/10/15 Page 1 of Packet Page -24- 12/8/2015 9.A. 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 Qv-� day of July, 2015. ATTEST: ;;;Ja;mes F Head Growth Management Department Appr ved as to form and legality: 0 Scott A. Stone Assistant County Attorney COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA _A;4 Karen Homiak, ice - Chairman Attachments: Exhibit A — Legal Description Exhibit B — Proposed Site Plan Exhibit C — Conditions of Approval (if any) [15- CPS - 01431/1191495/1] 72 Rev. 7/10/15 Page 2 of 2 Packet Page -25- 12/8/2015 9.A., OR 5037 PG 1652 '- ,EXHIBIT"A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED M THE COUNTY OF COLLIER, STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1,: A PORTION OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST,AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION II, 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 GULP SHORES,AS RECORDED IN PLAT BOOK 4,PAGE 50 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO.2, THE SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO THE NORTHEAST CORNER OF WINDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11 THROUGH 15 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID WINDSTAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330.45 FEET; THENCE NORTH 00° 13' 07" WEST, 462.39 FEET; THENCE NORTH 89° 35' 11" EAST, 30.47 FEET; THENCE NORTH 00° 13'07" WEST, 1389.23 FEET; THENCE SOUTH 89°34' 18" WEST, 31439 FEET;THENCE SOUTH 68°04'16"WEST,50.12 FEET;THENCE LEAVING THE BOUNDARY OF SAID WINDSTAR,NORTH 00° 17'06" WEST, 197 FEET, MORE OR LESS, ALONG THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 TO THE SOUTH BANK OF HALDEMAN CREEK;THENCE MEANDER EASTERLY ALONG SAID SOUTH BANK TO ITS INTERSECTION WITH THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 11 AND THE WEST BOUNDARY OF DEMERE LANDING AS RECORDED IN PLAT BOOK 4, PAGE 14, OF SAID PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG SAID QUARTER SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING TO 714E SOUTHWEST CORNER OF SAID DEMERE LANDING AND THE NORTHWEST CORNER OF LOT 42 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO. 2; THENCE NORTH 89° 30' 34" EAST, 330.00 FEET ALONG THE SOUTH BOUNDARY OF SAID DEMERE LANDING AND THE NORTH BOUNDARY OF SAID LOT 42;THENCE SOUTH 00° 18' 15"EAST, 337.30 FEET, PARALLEL WITH THE 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 LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST CORNER OF SAID LOT 42, THE NORTHWEST CORNER OF SAID GULF SHORES AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION II; 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. Correcirc Special Warranty Dad-WSCN aples,LLt:13423690_IRLDOCS 13423690 t 292590041 Packet Page-26- 12/8/2015 9A OR 5037 PG 1653 N 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 SECTION LINE OF SAID SECTION 14,SOUTH 00°13'07"EAST 1001.74 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00°13'07" EAST 329.53 FEET; THENCE SOUTH 89°35'14" WEST 330.47 FEET;THENCE NORTH 0013'07"WEST 32933 FEET; THENCE NORTH 89°35'14`EAST 330.47 FEET TO THE POINT OF BEGINNING. PARCEL.2: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH SECTION LINE OF SAID SECTION 14, SOUTH 00° 13'02"EAST, 1001.74 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE CONTINUING ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00° 13' 02" EAST, 329.53 FEET; THENCE SOUTH 89° 35' 14" WEST, 330.47 FEET; THENCE NORTH 00° 13' 07" WEST, 32933 FEET; THENCE NORTH 89°35'14"EAST,330.47 FEET TO THE POINT OF BEGINNING, PARCEL 3: TIIE WEST 140 FEET OF LOT 47 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1,PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 30 FEET THEREOF AS CONVEYED JUNE 20, 1957 BY DEED IN BOOK 11, PAGE 120 FOR EASEMENT FOR RIGHT OF WAY AND ROAD PURPOSES. 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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-32- 12/8/2015 9.A. TO: Board of County Commissioners FROM: Vicki Tracy (Kathleen Riley, Kevin Sieg, Maurice Guiteriez) DATE: July 27, 2015 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$1000 to BCC for Appeal processing. It is our desire to have this petition heard before the BCC. _ ICI Packet Page-33- • 12/8/2015 9.A. Cotter Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net C'.'d.�°g:-r.:[,;=•.,''Yy.,a"?:ir�.>`.atx`•�a.''i.t.+.\.s..`•et rt^,?yr$ 1.41.T♦7iv Yx : ii"r.". r�i�s-^`-.;,s:>Ww.w:r-y°..':iy'..tr: ;6�.+t.r., •r�•:{....' `F K:_„�'r;-ai:•••.,.t r�;:l s'}-'k..;:}..Y"5.'.. .r::.'�.'.."x.%.•�..+4':A.'.♦t.ry.:°:i:; ` •./.:P'iva;',y✓ �r•tn,. t<:•: h'^..:xr e. { '-'ny rw ,g .:4CA t � ,�.. �:':;•: .t{.•" ri< �.:r :.d �:�'r;' i r;'¢• Q ,p: ';$. �{r '^,At <"��9:aq`•.� �.'.':::f.;e `'•`:'iv.'::;s 'L,.'.:,•q�ftr.;y:;.,.,.•";r• .�.:4.: ....:.;,cx;•" ^t(�..:v1i.,��s... ::a:.r,}': :s::k:-" :^�E�..._:,y_,.. .�^.':ff,.. ..•,fi r..;.f'. ':'d�'..+;,4+,#r�r.',�.i�. '�y?,;; „�..!..»' �,��;J.at x..'a:'Mar: t+,•.,.?,"":.n��...� a.a _.'r?:t`, ..r� _.a `f ,y 'Yi.,'�'r-+x'Y+r ,...^ M+; : n�::frc}�'. ;�!!: .... ...,;.. 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't:j,::C.,t` . d ,....... ....r.,...,i,...,...u.,., ,-,."-,*£ sa.,, ,.y.. ..,,:.:K's�.,�..;•'.+•rs�'.....:';X-,.. ... ....w;�; .:a+':ai;, .:A:�. ,,..�%�:�Y'%_--. ..sr.. - ..�a�'a'>:•3, .. t..,.. , PROJECT NUMBER ADA-PL20150001703 PROJECT NAME Haideman's Landing DATE PROCESSED Date: 7/28/2015 n.iJ S', :.,,5,,.o"�,'�..F^'r.�.-q.:^3.1;�:,X.7:.f•L,9.r}t.'._!.5::.�::.i:7:.:;.4Y..:..s.,,.r.r✓.•'::.�•>�Y.r'`:R.f?Yaa..�a�•.:'.�k:..!:'!�AP �ir#� '[�. :.,. ..; ,.,,.•' ..a, : .•�.�.�. .T,i:..'•:.'7�:'.r h r•. f•.':!:i'sH.^:∎e;..,a :,F ' R ��J «1,:4 „.;;. .�• ,� .: NAME OF OWNER Witrii fee)1 t<e ADDRESS ag99 O P L k m r—'7'•. CITY YIa,/es STATE 1 C- . ZIP 3y//.2... TELEPHONE #a55-77(-4°Y l/ CELL# 7f'8'. FAX# E-MAIL ADDRESS - i B r o f, ieS `7`f P 9 ni A r L ,e on-r NAME OF AGENT/APPLICANT FIRM ADDRESS CITY STATE ZIP • TELEPHONE# CELL # FAX# • • E-MAIL ADDRESS • •n. ..5. r.rY''si4 Y"i:GC. .:�h..yYf':. r u'#s♦N.� -r� '47 .ym:t, •r� =;'r,�1 4;,r•�� ;�. 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Appeal of Application No. AR/PL-.0..o t 5 00 00 L e '7 (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. • • Submit required application fee in the amount of $1,000.00 made payable to the Board of County Commissioners. • • Packet Page -34 12/8/2015 9.A. o er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net . v ,k »x APPEAL OF,Ai:3M NISTRATIVE DECISION OF _°5 t ; ; a R 7, aj G . ADMINISTRATIVE OIFFICIAL ;+44 ikjN :-t! l :s y } Y 1 `'^ t 3 ; r i .;) t �f.1 °: /�1 �{ � 'f N k t i '•'M ) r f J {h.� 44 1 Section 25 58 i X • 4Y yK .tk �... ...2.,y:t;r:J4.r.�srv' Sec. 250-58. 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 Packet Page-35- 12/8/2015 9.A. ....„ o 5037 Pz 1652 • .XECIE LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COU NTY Of COWER, STATE OF FLORIDA,AND/S DESCRIBED AS FOLLOWS: • ,PAROEL A PORTION OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST,AND A PORTION Or 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 LIME FARMS NO. 2 AS RECORDED IN FLAT BOOK 1, PAGE 27, OF THE . , PUBLIC RECORDS OF COLLIER C.OUNTY, FLORIDA, AS BEING MORE PAP.TICULARLY DESCRIBED AS FOLLOWS: • . , BEGIN Al THE NORTH QUARTER CORNER OF SAID SECTION 14;THENCE SOUTH 00'13'02" EAST, )331.46 FEET ALONG THE WEST BOUNDARY OF GULF SHORES, AS RECORDED IN FLAT BOOK 4, PAGE 50 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO.2, TIM SAME BEING THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14 TO THE NORTHEAST CORNER OF WINDSTAR, AS RECORDED IN PLAT BOOK 14, PAGES 11 THROUGH 15 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID WINDSTAR THE FOLLOWING COURSES: SOUTH 89° 35' 14" WEST, 330.45 FEET; THENCE NORTH 009 )3' 07" 'WEST, 46239 FEET; THENCE NORTH 89° 35' 11" EAST, 30,47 FEET; THENCE NORTH 00' 13'07" WEST, 1389.23 FEET; THENCE SOUTH 89"34 1i' WEST, 314.39 FEET;THENCE SOUTH 65°04'16"WEST,50.12 FEET;THENCE LEAVING THE BOUNDARY OF SAID WINDSTAR, NORTH C0'' IT 06-K WEST, 197 FEET, MORE OR LESS, ALONG THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID F.ECTION 1 I To THE SOUTH BANK OF HALDEMAN CREEK THENCE MEANDER EASTERLY ALONG SAIO SOUTH BANK TO ITS.INTERSECTION WITH.THE NORTH.SOUTH QUARTER SECTION LINE OF SAID SECTION 31 AND THE WEST • BOUNDARY OF DE.MEME LAND/ AS RECORDED IN PLAT BOOK 4, PAGE 14, OF SAID PUBLIC RECORDS; THENCE SOUTH 00° 18' 15" EAST, 164 FEET, MORE OR LESS, ALONG sAnD QUARTER SECTION LINE AND WEST BOUNDARY OF SAID DEMERE LANDING TO THE SOUTHWEST CORNER OF SAID DEMERE LANDING AND THE NORTHWEST CORNER .• • OF LOT 42 OF SAID NAPLES GROVES AND TRUCK CO.'S LITTLE FARMS NO, 2; THENCE • NORTH 59' 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° 14'15"EAST, 33730 FEET, 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 59' 27'51" WEST, 330..00 FEET,ALONG THE SOUTH BOI.INDARY OP.SAID LOT 42 AND THE NORTH BOUNDARY OF SAID GULF SHORES TO THE SOUTHEAST CORNER OF SAID LOT 42, THE NORTHWEST C.',ORNER OF SAD GULF SHORES AND THE NORTH-SOUTH QUAILTER SECTION LINE OF SAID SECTION 11; THENCE SOUTH 00° e' 15" EAST,334.79 FEET ALONG SAID QUARTER SECTION LINE AND THE WEST BOUNDARY OF SAID GULF SNORES TO THE POINT OF BEGINNING. Dgr=;41-stczie WIrrevar L1C":17542gn IRLDOCZ 1342369-0 zrzn,,m4 . . Packet Page -36- 12/8/20159.A. , . OR 5037 PG 1653 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 SE,CT1ON LINE OF SAID SECTlcm 14,.70tir cac13.07"EAST 1001,74 FEET ID THE POIN"F OF BEGINNING OF THE HakEIN Oli:SCRFEED PARCEL; THENCE CONTINUING ALONO THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00"13'07' EAST 39. 3 FEET; THENCE SO1,1113 89 35'14"WEST 330.47 PEET; THENCE NORTH 00'1307" WEST 329,53 FEET;THENCE NORTH 89'3514"EAST 33047 FEET TO THE POINT OF BEGINNING, p4pccEL 2; A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER.OF SECTION 14,TOWNSH1P 50 SOUTH. RANGE 2 5 EAST, COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: '20MMENCING AT THE NORTH 1/4 CORNER Of SECTION 14,TOYINSRIP 50 SOUTH,RANGE EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, SOUTH 00° 13'or EAST, 1001,74 FEET TO THE JOINT cit. 7. • OF BEGINNNG OF THE HEREIN cesCR.113ED PARCEL;THENCE CO, ,,TINIVING ALONG THE NORTH-SOUTH QUARTER SECTION LINE, SOUTH 00' 13' OD EAST, 329.53 FEET; THENCE SOUTH 89° 35' 14" WEST, 330A7 FEET; THENCE NORTH 00° 13' 07" WEST, 329.53 FEET; THENCE NORTH 89"3F 14"EAST,330.47 FEET TO THE POINT OF BEGINNING, PARCEL,3: THE WEST 140 FEET OF LOT 47 OF NAPLES GROVE AND TRUCK MPAWS LITTLE FARMS NO, 2, ACCORDFNG TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXCEPTING THE NORTH 3D FEET THEREOF AS CONVEYED JUNE 20, 1957 EY DEED TN 1300K 11, PAGE 120 FOR EASEMENT FOR RIGHT OF WAY AND ROA D PURPOSES, cm:.-xh,;,$14--dau'w-cf,my LIX:13.2 36.9:1 JELO0C5 v42,369,1;:452.3•9=-1 • • • • • • Packet Page -37- • • �- �P z 0 w w- U O� U O DO wo Q U OU aW as rHn UO BOO W H x U a U U a> � o o .., o v� O N K � W U r7 Q 12/8/2015 9.A. Packet Page -38- J J 0 n W � � O a n� ��J rJJ b _3 U d b Packet Page -38- 0 W O H Ln z W v O QU� A� AO O� O as O U IN H U Ti b x W W 0 L.� U U b � O U � xCa s� a� o rA � O .N 4� W j� 0 Q 12/8/2015 9.A. Packet Page -39- f, h �j w � � v } a A� y z Packet Page -39- w U O� A� W� O U� w WO QU w CflU O a� un O �O x U u A x 0 U U A .O cd' � U o C, O� bA 4-i •� Fi Q W N U �A 12/8/2015 9.A. Packet Page -40- V ` v W � T ri t� O r T J r A r 4� V z Packet Page -40- lq_ Lila Loll OZ, 10 vi ry Cd QJ ea trl P C7, 1` 21' /'uP/2015 9.A. PaCll�et Page, -4-1- E �I ' �Ia��ll IIE� �I I 21, 1 i E "v, �._=x ( � I � � � E I � i et r13 1 PaCll�et Page, -4-1- �' Cl� Dl�l Gi MA CJ 2 Packet Paae -42- 0 n/5/2015 9.A. w zj Ne i ��r�. I � 1 � I I �� I j j f I Packet Paae -42- 0 n/5/2015 9.A. w ,.n 0 \-IS Fer Cy flk cn iwJ ml Packei 'Page -4S-- 12!8/2015 9.A. I CC rTl •5 u �71 UD 4:` cV S� ZZI ji N� 1-4 , rl� vv-vj -�4 r , c4 i (�J bf Pact et Page -4.4- Z�� 2/8/2015 9.A. - w O ITV U SOU O N U 9 rr rJ C, -6 F� C; Packer: Page -4-1:'-- l.'218/2015 9.A. -S4 �\\Q -N II !I 4r I �l J N,\ I Packer: Page -4-1:'-- l.'218/2015 9.A. 440 i CJ u -6 A, FI CCf 12/8/2015 9.A. Packet Page -46- r vI Cl IC, L/ :_.i I I ell Packet Page -46- as CZ ad O 7R 15� >\,I " � 12h'812015 9.A. P�l iT Nli NQ I�J tn 1A All K�j I 1A Nil, 12h'812015 9.A. 12Y8/2015 9.A. Iz �J, S9 Qt ft Z 0 jar Con 12Y8/2015 9.A. Packet Page -48- Sam M �J, jar Packet Page -48- Sam M ;-J Co H W U O� A r� WO UConn QU Q ro O� as Lo U W H i; 9 x b N O O K c� cC U dp •O r4 9 •9 x� a� 3 � y Q� 0 o � o �W � U �A 12/8/2015 9.A. Packet Page -49- d � I 7 � S ,\ Packet Page -49- v x O w o w� AUA tA �U o g ran OU 3 W 0 O b •� �W U 2✓A 12/8/2015 9.A. J Packet Page -50- i 1 � ►iV • f � • 1 J Packet Page -50- M z IW 0 Z C Ao -8 LtS 0 U bA cd O 9.1 9b - 09 0 9:1 12/8/2015 9.A. Packet Page -51- Q� 7 X k r1 TVA) tp. (j) Packet Page -51- I Co z V w� o U � Au A O O a� ri U �o H H x v H U v x .b v m O O S�. b U .o b � � o 0 v g Cd U y v � zs v v o 04 Cd o vW � U �A 12/8/2015 9.A. Packet Page -52- r I si tvr LJ Ix, OQ jj� z ,, CJ- un J Packet Page -52- 0 w w U O � A� W� �O U� z� Au w GO U 0 x Cn o �o H H H v" b x b 0 0 b 0 U w w w U x� y a bn o Cd 9 o a� W � U �A 12/8/2015 9.A. Packet Page -53- c� W {„ W Z � o a rn c� Q z Packet Page -53- 12/8/2015 9.A. WOODWARD, PIRES &- LOMBARDO, P.A. August 28, 2015 ATTORNEYS AT LAW Honorable Tim Nance, Chairman VIA HA 14D DEUVERY CRAIG P- WOODwARD Board of County Commissioners B.ad C : Rrd Emm MARK J. WOO fiRD Collier County, Florida Dw Boxd CcmfiaL P=1 c/o Fred Reischl, AlCP -Esmm ""NTHON,y F1, rI RES.) R. 2800 North Horseshoe Drive Bc,-e CerfAe± Naples, Fl- 34104 ar,3 Lana, J. CHRISTOPHER. LOMMRD-0 B=-4 Cetlwd. Nlmfiul Re: Appeal PL201150001-1103 (the "Appeal") relating to Boat Dock -,d--* L--- 1-Daension Petition BDE-PL20150000487; CCPC Resolution No. 115-001 Dear Commissioner Tim Nance: ROMT E. MURRE U Of C= n--' DAVID E. LEIGH I represent Kathleen Riley (individually and as Trustee of the Kathleen J. Riley Revocable Trust uia/d June 2014 and sole beneficiary of said Trust, "Riley"�, 2998 Poplar Street, Naples, FL. 341112; Vicki Tracy 3263 Lakeview i ,Et,wirun, Drive, Naples, Florida 134112 ("Tracy"'; and, Mlaurice Gutierrez, 2736 i- DEVREs Shoreview Drive, 'N!aples, Florida 34112 ("Gutierrez") in the above referenced )Et,tNIFEP, R � TEi-a-:Y k LENOPLE T. BAKEFIELD appeal requesting a reversal of CCPC Resolution No. 15-01 and the denial L MATTIR r M,1 P. F LO RES of BDE-P20150000487. J. TODD MURREU Enclosed please find the attached original, 2 copies and a flash drive i 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 herefrorn 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 M 3200 TA1,/, or supplement this filing and Appeal with additional arournents and materials. VJMU TRAIL N. 1 SUITE 200 NAFLES, Fl. 34103 'i Appeal should be granted and the 239-649-6->5 t is respectfully requested that 239-64?-7342 FNX decision o-1 the CCPC and Resolution No. 15-01 be reversed and that BDE - © 606 BALD EAGLE DRIVE PL201500�0487 be denied. UITE t P.O. BOX ONE Res ;,t�,.Tulv su ed, MARCO ISLAND, FL 34146 7 239-394-5161 219- 642 -6402 FAX P G brd,! P. it C W. rvlr. W P 1- 1. _.0 0 P APP/1 Cc: with enclosure(s): Heidi Ashton-Cicko, Esq. Pa&--t Page -54- p,, 12/8/2015 9.A. From: Kate Riley [kjbnaples74 @gmail.com] Sent: Monday, May 18, 201511:48 AM To: ReischlFred; HomiakKaren; DoyleBrian; ChrzanowskiStan; RomanCharlette EbertDiane; StrainMark Subject: Haldeman Creek BDE Petition Attachments: boat lift.JPG 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 2006,1 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.. 1 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 -55- file: //bec.colliergov.net/ data /GNO -LDN /u bN — /o, ut,lanning% o20Services /C... 9/21/2015 Pa 12/8/2015 9.A. This is a quote from the memorandum Commissioner Henning 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 BIDE 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 -56- file: //bcc.colliergov. net / data /GNID- LDS /C DES I /o2UYlanning %20Services /C... 9/21 /2015 / �7�/�M1��J� '~~-^'-~'~~'^^' email I BW docks on haldermon creek From: Strafnmark Sent: Plonday, ]une 22. 28I5 9:20 AM To: ReischlFred Subject: Fh": docks on haldermon creek Please forward as usual. mark 239.252'4446 Under Florida La*' e-mail addresses are public records. Zf you �o not �ant ycur e-nai7 address released in response -o a public records request, do not send e]ec�rsn�� rail to this en�ity' Znstead, contact this o�" ice b% telephone or i: writ-ing. 0 i i � �essa ----- r g na ge----- From: ]ack Hail [mailto:jackhail@embarqmafl.Com] Sent: Sunday, 3une 21, 2015 6:II PNI TC: StrainNark Subject: docks on haldermon creek Hi. Iam mritinq regardino the hearing on the boat dock extension. Please dcn'z 1: ME -the cree11c is way to narrom and there is no good reason for it' Zf there coms)72int is there -,s not enough water p7sase _-l7mw t-hem drejge it. Again ldon','- allom anycne a boat dock. ex�ension �t mill impede nav�ga��o�. Than� You ]ack Hsil Under Florida Lam, e-mail addresses are public records' if you do not want your e-ma�l address released in response to a public records requost, do not send electronic mail -o this entity. instead, contact t-his office by telephone or in mritfng. Page I Packet Page -57- Pa —1 2/8/2015 9.A. From: StrainMark Sent: Friday, June 19, 201512:46 PM To: ReischlFred Subject: FW: Haldeman Creek Docks Please forward as usual Mo4-kl 239.252.4446 Under Florida Law, a -maiL addresses are public records. if you do not want your a -maiL address reteased 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: Klbeatty480aol.com rmailto:Klbeattv48Cabaol.coml Sent: Friday, June 19, 2015 12 :33 PM To: StrainMark; EbertDiane; Karen HumiakCaocolliergov.net; DoyleBrian; ChrzanowskiStan; RomanCharlette Cc: FredReichl(ftollier oq v_net Subject: Haldeman Creek Docks Dear Chairman Strain, 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 Corel-ogic 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 -58- file : //bcc.coRiergov.net/data/GN/ID- LDS / CDES %20PIanning%2OServices /C... 9/21/201 S ft 2/8/2015 9.A. 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 Napies since 1977. Serving Buyers, Investors and Sellers since 19951 Baysh ore/ Gateway Triangle CRA Advisory Board since 2006 Member of NABOB, FAR, NAR MbLTIPLE AWARD W11OZER. Bythc- fhe greatest cotrpfl*M'_mt you Can prornis�_ tm t� 7t therr; veitth, th2 :,,ai7,,e ca� as ! vfOu!'Y' Under wlon�:a- Law. e-rinai" addresses are public records. If you do noiv.,ant your E-,-mai! address in response io a :public reccrcs request, do not send c1r:cf!',qnic rn.3jl to this entity. Instead, oontaci this office b,,,, tolephone ri in viriting. Pcalckc-t Page fileWbee, 1/1'201-11prinki C'`-/�20Servl;xs/C.. 9/21/2015 12/8/2015 9.A. P- From: StrainMark Sent: Thursday, June 18, 2015 8:21 AM To: ReischiFred Subject: FW: AN INVITATION—ON HALDEMAN CREEK Please distribute as usual. Mork. 239.252.4446 Under FLorida Law, a -mail addresses are public records. If you do not want your a -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 Finailtoganyjanieftotmail.com] 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 -60- file://bcc. colliergov.net/data/GMD -LD S /CDES %20PIanning%2OS ervices /C... 9/21/2015 p. 2iS312015 9.A. From StrainIN/lark Sent: Wednesda,.-, June 17, 2015 M20 AM To: Rekchlred Subject: FAV Doi: Ewens;on i5q:,;--,kcFtion - 'H..'aldem.an Creek Docks Please forward as usual Mark, 23?2514446 LOOr Wriec Qw. e-mM addressu are Whic recorA. if = A roz wanz vour e-WL address rKmased in response to u FAM recaras reawFst, A not send electronic malt tc Wis entity. InFreau, Worracr this CfArs ny tkaphone or in WrTring. From My Mhorci [�ail -,-ov.v4sol" L, �L Sent: Monday, )u,,ie 15, 2015 131 Pf-4 To: HonaWkKamn; MAW% DoyleBdarq ChrzancmUSAri Cc: SLUMM Su�jec':. D. 3cL Dear IMernbars, The following is my list of concerns/obJections to approving the Dock Extension Ap' In, i i c at i c n: General and overall: First, a dock extension application should only tie considered )\F-TER it is detei-mined thiat the diev, !oper `cor-Od" be alio,,vedl t®r place doc,-,s, olf any in ancf�, over a kvater.vay tha,� was crMteid -!r',nrcugh 'Ohe owners, h vIling, granted a iegal ass rner.t. i WOU' SUINMit t1 hat any action on that area of Hialdeman Creek created by the easement is 'off limits' to the building of docks. If any new diocks are to !'--*e aflmA�ed; t do notti-iink it is ,,vise grant this application as it will encumber Hllademan Creekv.,!ith several hundred new "pP lings' and dedking. onto, thie -�.ti!ster,;vay ,rihtoF-e n-laJin func-tion !s slv:�rm, Tih�is woub be funher ii` ;,h-a p�an "Jodk t,-:� add bc',a' lfts It is to thOk that Vese docks and, i taw ir red ', oats *-culd not have any ANS on flnt,! or debW capture. "Ailhii!e thei�- curi-eint applicaRm includes letters of 'subjective opinions' related to the proposed docks not impacting ,!ate r fliovvcs L,!hes-e shr)u!J i-,O-, be acwc, w-.--.Ptable &vIdence. tfvdditConaHy, nobody knows for sure whai happen in a, storm situation so why take the risk. Fu,H�her, cort.0der al Me recent by Federaii, arid Coun-!Y �- fficiais global waWrig, %valua,' 2',nd- Packet Page -617 .. 9/21/2015 P; 12/8/2015 9.A. 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: 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 -62- file: //bcc.colliergov.net/ data /GMD- LDN /uvr✓zs io/-ut-lanning%20Services /C... 9/21/2015 p; 12/8/2015 9.A. 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 -63- file: //bcc.colliergov. net / data /GNO- LUG /Ci)hs %o 2 u.Flanning %20Services /C... 9/21/2015 12/8/2015 9.A. 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 -64- p. 12/8/2015 9.A. From: StrainMark Sent: Wednesday, June 17, 2015 10:18 AM To: ReischlFred Subject: FW: Haldeman Creek Dock Extensions Please forward as usual Mo- -k. 239.252.4446 Under FLorida Law, a -mail addresses are pubLir records. If you do not want your a -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 rma1lto:bgtown111@gmail.com1 Sent: Wednesday, June 17, 2015 10:00 AM To: HomiakKaren; EbertDiane; DoyleBrian; StrainMark; ChrzanowsklStan 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 -65- file : //bcc.colliergov.net/ data /GMD- LD6 /u. h6 /o/-urianning °fo2OServices /C... 9/21/2015 p 12/8/2015 9.A. From: StrainMark Sent: Wednesday, June 17, 20151:50 PM To: ReischlFred Subject: FW: Haldeman Creek Docks - Against granting of boat dock entensions Please forward as usual. M a4-k, 239.252.4446 Under FLorido Law, a -maiL addresses are pubLic records. If you do not want your a -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:rdiay14(cbgmail.coml 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 -66- file: //bcc.colliergov. net / data /GMD- LD5 /LaES %2UYlanning% o20Services /C... 9/21/2015 P. 12/8/2015 9.A. 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 thal-, can be ii-ed on the I . _. areas L 0. %1- dev,.:I-_,Iopers land for docks. by does "Che de'vel'opeirs C r needf ions or dock in the creek? 4. V' hat is the developeirs cr.)m, pel ling reason for granting the extension. The developers are just w an t-er r, o, -r-he least e,,--Tenssive and easiest vvay to Ma..'-i—nize Lheir vvilthout -n,,, coi ncernt fol, residents already on Haldeman Creek. 5. Why is the request coming during the s!_,!mm=-r months. I do believe that the (developer is looking for the t-Irne vvhen rriore cori.cerned Feasidents are not in Naples w I i o vv, I I vo Ii c e o D p oss, i t i o n tx) granting t1h e extensions. Richard D. Juay 102 Pier K Under Flon6a, LFw, addle,,_ 2_ . piji�c r-'�Cc)j-ds. if du na)t V"_.nt s�. d in to a r-c-o,,., ewest, do not send e I cctort�c i?iis e- I I ir'sel�d th!'z C.'-5ce L"v t d phl,F., . 0 M V"FIVW" , Packet Page -6*7- ... 9/21/2015 ` 1 2/8/201 5 9.A. P"_ From: StrainMark Sent: Wednesday, June 17, 2015 10:18 AM To: ReischlFred Subject: FW: Halderman Creek pier extension request Please forward as usual. Monk. 239.252.4446 Under FLorida Law, a -maiL addresses are public records. If you do not want your a -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 rmailto:2iff533Cabamail.coml 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 John 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 -68- file : /fbcc.colliergov.net/data/GMD- LDS /CDES %20PIanning%2OServices /C 9/21/2015 '12!8/2015 9.A. From: StrainMark Sent: Wednesclay, june 17, 2015 10,19 AM To: MUM Subqect: FVV: 'Haldeman Landing Attachments: 20150616_0850231pg;20150616_p84505jpg Please forv,ja,-Q' as usual Flart 231252=45 Under MAN Law. P-ML uadresses are pubLic records. if you do not want your e-ML addmss re Leased in response to a pubLic records request, do not send electronic mail to this entiw- Instead, contact this oly1ce by teLephone or in writing, From: Roy Wilson LmaVto_.rov,wilsonr-cbqmaii.comI Sent: TLjesday, June 16, 2015 11:08 AM Tc: ReAKRed Cc: P1cKue-;,.Elijr; St;-amwiark Su�4ter—t. 7rjydl: Haldeman Larfding Fred, After our request to you to ask the developer to placelhis "notification signs" on the part of his property that faces Haldeman Creek, I decided to ride my bike to the Lakeview Drive entrance of the development. Attaclaed are t-%A-o pictures, one from the end of LzOview Drive where Lal-'eview makes a 90 degi-ee turn to the right (to perspective as to t1he readability of the notificaJon sign). -VJithout diTiving further do -,,,, -n vJhat is cf`,F�ctively a. dead' end stree, it is as Nom to the sigi as one can get. I did drive all the way to the construction entrance, so picture 42 is the sign itself. To bad so fe-v,,, will over see it. Thar dis O effort you inadee to got ti ein- to place the sign in a reasonable location. Roy VVI':'�son ROY Miksu"', Of hoph" FEE, 239-821-4995 Packet Page -69- ... 9/21/2015 p, 12/8/2015 9.A. From: StrainMark Sent: Thursday, June 18, 2015 8:22 AM To: PeischlFred Subject: F' j: Proposed Haiderman Creek dock extension Please distribute as usual 54arb 239lKA445 e- GiGt"i1 addresses are ruJLic records. Af you do not wont your e -mOK address t' -eLe scrd in response to o public records request, (7o not send Anctronic maQ to this entity. instead, contact this of y Zce by teL ephone or in writing. From: jon alberghini maii :a jhaiber �iniL tsr;.ct�mj Sent: Wednesday, June 17, 2015 10:05 PM To: HorniakKaren; EbertOiane; doyleBrian; StrainMark; Chrzano,vskiStan Subject: Proposed Haldermar. Creel: dock extension DearCol' A^o y Planning `�oi�;�..i?ssic = "ners Homiak, Ebert.. Dovle, Strain and _��:�• �,� z_��t� _ � . Chrzanowski: I din writing you to state my opposition to the proposed dock extension reg,'Iest on fla.lderinan Creek opposite Becca and the Naples Land Yacht Barbor community. We have been down this road before v ids the develoi)er Tnd the evidence presented at previous hearings and the findings of Mr. Strain clearly pointed out that were no corapelli "ig r:'.''soi?s o ?rangy, tbc. previous requests. None of ihe: f� is li z-ard at pest heari -nus have changed; .mien n Crec -k is still a- %JrUainage canal' `fl c area of tliz dodos is still an a- a fl-at -,vas crcated to improve the flow of vrater c to lIe �:�'111 . C TO e doci s would narrmv that area, thus rests-lct die flow. Packet Page -70- file:f /hcc.collie�-gov. net /dats'� lant�ing% t�Se�vica /C... 9/21/2015 2!8/2015 9.A. * The proposed extension will require 200+ pilings and associated wallovvays This could serve to gather debris in a stone that possibly could lead to flooding. L-1 -1 F P�a-:Tov:,-Cst sections 0 ']-Ic� lbe proposed plaa ,vill cause conae.s,�.--Jon 1'�L -1 Creak. Photographic evidence was presented at past hearings showing, how narrow t the creek is at the proposed dock extension location, especially at I1 and low tide. There are safety conc cen-is for boat.ers, gokic, to and leaving the 'Lakeviev', ar.---, as they L r, En C1 rj�eeia L,) make a 90' deg-,-&� tu-, - -,,nd i,2,a;L-P- a,.-c,,-Lir,.', _X t, Tt� v7arl.s �1111j-e Conm7i-issior, 1-0 therrj ar., -adclitjo-no.! S" tf�nsior- the M- -,s nc cat pic i6� All �11 -XI stz:,-11ida:zrC1 aliov,,'ar;ce for cloci,,s. Th i-`:1a-1SOJ11 LC) L fi—s sp��-ia.' trea-ti, ont of a dock exten ' `; -?-fir tru".v J A-1 h rl-rahi a, Ur,,..i--r Ro6oa La,,v, e -mail addresses are public reccrls. If you do not v"Plit your e -mail address released in response 13 2 PUblic, records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Pa(--ke.t Page -.71- ngl 20Ser,vices/C... W21/2,015 P 12/3/2015 9.A. From: William Townsend [bgtown111 @gmail.comj Seat: Thursday, June 18, 2015 8:06 AM To: ReischlFred Svbje,,t: Fwd: Haldeman Creek goes: Extensions ---- - - - - -- Forwarded message ---- - - - - -- From: VViffiam Townsend <btown111(a,gmail.com> Date: Wed, Jun 17, 2015 at 10:00 AM Subject: 11- aldeman Creel: Dock Extensions Tc: Karen1lomial1-ra)collieraov.net. DianeEberta—'.colher�ov.net, BrianD Yle,,a,colliergov.rie , ,.r,,arkstrainr�c4ollieraov. net, StanChrzano- wski(�a),collier og y.net To the. Collier County Planning Commission: I wish to inform you that I am against granting dock extensions on Haldeman Creel-,. I oppose extensions for the following reasons: 1. Sze proposed elan causes problems and congestion in the Creek. The developer would uzvtd to erect about 200+ pilings and associated valii..,ays. This could serve to gather debris in a stcrJn. 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 resirict the flood. 3. There are safety concerns for boaters entering and. leaving the Lakeview area where they would need to snake 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 fhe developer special consideration for a "dock extension" on Haldeman Creel:. Again, I oppose granting dock extensions on Haldeman Creek William E Townsend 11 1. Pier H Noples, FL 34112 Packet Rage -72- file :/'/bee.colliergoj,. net / data /GT\ D- LDS /CL)l✓S` %2OPla,nn. ng %2OServices /C... 9/21/2015 email Haldeman [reek Extended oocks From: claire 7ink [claire7ink72S0-hotmail.com] sent, Thurs6ay. June 18, 30I5 8:I2 AM To: ReischlFred subject: ua]deman [reek -axtended Docks I am resident of Naples Land Yacht Harbor and a registered voter. Z am aoainst the extension of the docks on Haldeman creek. The Creek is already t~ narrma and tom shallow at low tide. It is dangerous with too many boats at times. Tun 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 allmved on th2 narrow and shallow Haldeman [reek. Claire Link 29 Grouper �apl�s, FL �4IlZ sent from my iPad Packet Page -73- '120/2015 9A. 2/8/2015 9.A. june 17, 2015 an, i r --d of Naples Land Yacht Harbor and i air, a vegist -e ie a as i L votery. w arr, not in faAor of granting an extension to the extended boat docks -;,ha-, ara be�,ing rECiUeS-IEGL rEasons are: cretalk is a d-7,-al-nage cacnai. 11;: is,.rarrc-vv aa,,d "Inaard to tde makes the •cree-k. n-�cr , r that: E iarrov,7aadlfee- more boat traffic will create even more accidents. I 3ow. trafff�c und-erndines oui sea wAs, espajaRy when rt,,:) -,vake signs are ignored. Repaixs to sea vvaRs are extren-jely expensive to all --,o: clocl�s. al sense s-re cjthar Options that More 4`i IVY"h-at is the maii-L reason for gianUng the extemion is it because it is the least expewive and easiest waA, to add their docks without ar,�T co -r-..si6i,erafio-,-L for all -011e resin -e:ats art 11aiderron Creek? 5) 1 beldcve than: this request is being rr-ac.a duri-rq; the s-,�.mlner iraoi-i.ths -vvh.,er, concerjaed residents are III(It i;a I-CSj&IICe to jTOiCE' their po, TI �s iot I x. Thank you for your consideration, C. 1 a! r E, U n k 29 ;'atroup�r 1,-,Iapires4 FL 34 1 -12- Packet Page -74- I Pa- t2t'8/2015 9.A. L, From: mescatem@aol.com Sent: t0londay, May 25, 2015 4:47 PM To, ReischlFred Subject: HALD-EI'VIAN"S LANDING DOCK Dear Mr. Reischl, It is my u-nderstanding that the developer's revised Petition will be heard soon by the Collier o(Dunty Planning Cornmission. � � � 'notice 'e,- 17 last „I.pri 1 obiecte;,`4 to the Public ” otice being maiied to only those property owners within 500 1:eet of the proposed docks. I brought- this to your 0 attenticn by my EMail of Apr il 22, 2014, tovvhich you responded, "The Code does not prohibit notification beyond that which is required. " coijr±ty staff d.id, not expand Ifts marling of those notices beyond. the SOD feet, The Fr', ,--n,,Js oc� 't-la, I'deni-a r, Creek and the Hai-d'ernan Clreeiv-- f,,,/1STU A.Misory- Committee z -n k MSTU Ral v tax t-c. the HaIdeman Creel did'. A :i.S,4,Jn� 0t roperVy, civvners paying Lineir y 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 notifical'.-loil W posted only at the West end of Lakeview Drive. Wo uld it not be more appropriate. to post this sign at the location of the proposed docks, on the shoreline of Halder-nar, Creek-, where boaters can see it? ouid J-iis request nolt I-ae t the intent of our Florida Sunshine Law? ?-,, e--, P ect fu H v, ,,ol- P L.� I'?-ssrner Sent from V-Virdows Mail Packet- Page -75- 9/21/2015 12/8/2015 9.A. June 23, 2015 Fl�--, AICP, Principal Planner Zoning Department i.:�yr5 shoo Drive R- BDE-PL20150000487,14-ALDENIANT'S LANDING BOAT DOCKS 'Co!vTAN-TIONI TO ST-PL201.5000005001 T13 -- a - - -,. - t ,� !_- . I T? , eisch] T-be Y "iridstar on -Naples Bay A - s-qo-- ("Windstay Master Association") corarols the property which is adjacent to the proposed docks and consents and supports the c<-,-,nstrruc-tion of the proposed 27 docks by Standard Pacific. The annexation of the docks and the adjacent planned 64 coach home units into the -VITIndstar community was overwhelmingly approved by the me4nabers of the Nklindstar conu-nunity a :-�t y e u- with 76 percent of the 550 residen=tial emits voting in favor of the annexation. VI -I i le we 4 6i not have exact ni4� Un hcrs, most of these Its a:T-- two -adult households and we believe p Aora- nately Florida Tesidents and voters. We have thoroughly reviewed the plans for the 64 coach homes and the proposed 27 dr��eks and we support 'Wh the con-&L uctiOn oft -- dock-s and the 1-41aceqt 64 coach homes which, wider the annexation agreement signed in 2013, became part of the WiDdstar Community gc,verned by the Wimdstar Master Association. Tile Portion of 'Haidemm-i"s Creek -,,Ylavre th-- r,-Lop,)F---d do--Iks are going to bc loco -ted is oy,.e Ur thF,, dest portions of �vaL- ay. our of :h-, niaterials provid-dd by the applicarA and ofners, ank-I ftom 'Che jer,cc :)f k),ar oa�annc residents, confin.n. that b" there is more than enough room to safely navigate vessels by the proposed dock sysIem. Once t i ri.:, tal I e d. These docks Y,,TH add -VID tie 1W, base by tbemselvz-s and, by incre-a-sing the ,,aloe of the 64 1-he do-lks will P�-ovid--, bi:ts;ness for A10 bu-sin-esses based or, cc°aoh )aoiries. s7!�-:)T,Jy-'n r rccpai 'nig -3�,s tvhicin Nxpilf' us�! thc, docks � I U bu Packet Page -76- 12/8/2015 9.A. Fred Reischl, MCP, 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. & �vs'^' James Frost, President Packet Page -77- From: Sent: To: Subject: Attachments Please forvtard- as usual M "L4ek'/ 239.252.4446 StrainMark Wednesday, June 17, 2015 10:19 AM ReischlFred FW: Notification: Haldeman Landing 20150616085023.jpg;20150616084505.jpg 1� 12'812015 9.A. Under FLcr-da Lcbv, e-rwiL addres5cs are pub.''Lc records. If you do rto* your acs c!` Ss L reLeased in response to a public records request, do not send eLecttronic ma-U' Zo this enfttj'i,. Instead, contact this office by teLephone or ir, writing. I - From: Roy Wilson [mailtoxoy.wilson(gmail.com] Sent: Tuesday, .lure 16, 2015 11:08 Alai To: FPe,�SchlFred Cc., *rIcKuenEl3y,: StraInViark Subje ; Fwd: Notification: HaIdemain Landing Fred, After our request to you to ask the developer to place his "notification signs" or, the part of his property that faces Haldeman Creek, I decided to ride my bike to the Lakeview Dri v e corisI.Tue-C on entrance of the development. Attached are two pictwres, one from the end. of Lakevie-Vii' DrIN7-- WIthere LakCCV'3*C-IV makes a 90 degree tizm to th,- right (to give perspective as to the ;eada-bi I it:)' of tb-- notif\1 - ;1%` t ication sigh). AkeTitillout drivina fijrth-t-t dovni what is - fffeCtiNTely a dead e;-id sfree:L, it is as close to the sig". as one can Gc-,t. 'I C'id drive all the v.,,av to the rconst-l'uctiorl so picture 4.2 is the sign itself. C� To bad so iew, will ever sce it. Tha-,-ks for vdiaiever cffort you made to get them to place the sign in a reasonable location. Rod' � 7 il s c P� P 2�9-821-4995 Packet Page -78- c"'I ' 015 Z ro r- rn v-, Q f c3� r v: V) ra ra u.; r� P i� u 2/8/2015 9.A. NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, October 13, 2015, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Maples FL, the Board of County Commissioners (BCC), as the Board of zoning Appeals, will consider an appeal of a Resolution of the Collier County Planning Commission. The meeting will commence at 9:00 A.M. The purpose of the hearing is as follows: KATHLEEN RILEY 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 15.51 ± 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] A copy of the appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the a endz 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. Jr. 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. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area 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 - '35c, (234) 252 -3330, at least two days prior to the meeting. Assisted iistening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Titvi NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) September 23, 2015 Nlo. 700406 Packet Page -79- 0 Iii O_ cD O n O O' !v N O Ui Z D r M D1 0 D -c Z m- Ln Y U-BLIC N WICE PUBLIC NOTICE I''^ 12-/8%2015 9.A. NOVICE OF PUBLIC HEAturou 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- PL20150000457 FOR AN IS-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 1.1 AND 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION ADA- PL20150001703] 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 Government Center, 3299 East lamiami Teil, Suite 401, Naples, FL, one wee): prior to.the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Tuesday, November 10, 2015. NOTE: All persons Wishing :o speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers wuill be limited to 3 minutes on any item. The seleciion of any individual to speak on behalf of an organisation 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 Sean of County Commissioners with respect to any matter considered a, such meeting or hearing, he may need a record of that proceeding, and for such ourpose 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 Tam €am€ 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 OOMI IIISSIONERS COLLIER. COUN 6Y, FLORIDA TIM NANCE, CHAIRIVAN DWIGHT E. BROCK, CLERK By: Martria Vergara, Deputy Clerk (SE.AL} Mo. 749877 Packet Page -80 go