Agenda 03/23/2010 Item #16A 4
Agenda Item No. 16A4
March 23, 2010
Page 1 of 22
EXECUTIVE SUMMARY
Recommendation for approval of a perpendicular dock configuration and angled boat dock
configuration for the Stella Maris subdivision in the Port of the Isles.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval for a perpendicular
boat dock configuration and angled boat dock configuration for the Stella Maris subdivision.
CONSIDERATIONS: In September 2009, the owner of a townhouse lot in the Stella Maris
subdivision applied for a building permit to replace an existing boat lift constructed parallel with
the shoreline. The proposed dock configuration is perpendicular to the shoreline. While
reviewing the application, staff further discovered that numerous docks in this subdivision, zoned
RMF-16, were built, without obtaining permits including State and Federal permits, inspections
or Certificates of Completion from the County. The Stella Maris subdivision recorded in Plat
Book 26, Page 27 of the Public Records of Collier County, is classified as multi-family
development and subject to the Manatee Protection Plan (MPP). Section 3.2.3.4 of the MMP
approved by this Board in 1995 provides: "Shoreline development within the seawalled basin at
Port of the Islands will be restricted as follows... 2. Multi-family residential docks should be
restricted by allowing only marginal wharfs along the waterfront of multi-family areas with no
finger piers of"T" docks". The purpose of this section is to restrict the number of boats allowed.
Some of the existing docks in the Stella Maris subdivision are parallel to the shoreline (marginal
wharf configuration), some are perpendicular to the shoreline, and some are angled.
The Stella Maris Homeowners' Association, Inc. (HOA) desires to bring its property into
compliance voluntarily by obtaining an amendment to its Site Development Plan showing the
docks and obtaining all other necessary permits, including Federal and State permits and County
building permits. The HOA requests 1 slip for each of the 50 units, consistent with Land
Development Code (LDC) restrictions for multi-family development, but asks that it be allowed
to have the marginal wharf configuration, the perpendicular dock configuration and an angled
boat dock configuration for up to 50 boat slips. The Stella Maris subdivision abuts over 2,000
feet of shoreline. Assuming an average boat Icn!,>1:h of 22 feet, a marginal wharf configuration
would allow more than the 50 boats requested by the HOA and allowed by the LDC.
Staff is supportive of the perpendicular dock configuration and angled boat dock configuration in
this instance because (1) the number of docks will be limited to 50; and (2) existing parallel boat
lifts are causing damage to the seawall to which they are attached.
Staff believes allowing a maximum of 50 boat slips in the Stella Maris subdivision, regardless of
configuration, is consistent with the intent of the MPP's goal of1imiting the boat slips in the Port
of the Islands. However, staff seeks Board action to approve the perpendicular dock
configuration and angled boat dock configuration.
The Board previously approved a settlement agreement on September] 5,2009, Item 17E, which
allowed angle parked boats secured by pilings for Sunrise Cay in Port of the Isles.
FISCAL IMPACT: None for the County.
Agenda Item No. 16A4
March 23, 2010
Page 2 of 22
GROWTH MANAGEMENT IMPACT: This request is consistent with the intent of the
approved MPP by limiting the number of docks that can be constructed and therefore is
supported by policies 7.1.2 and 7.1.4 of the Conservation and Coastal Management Element of
the Growth Management Plan. These policies require the protection and conservation of wildlife.
LEGAL CONSIDERATIONS: The Board has the authority to approve the perpendicular
dock configuration and angled boat dock configuration, particularly since the Manatee Protection
Plan states that the multi-family residential docks should be restricted rather than shall be
restricted. This item is ready for Board consideration and approval. (HF AC)
RECOMMENDATION: That the Board approve the perpendicular dock configuration and
angled boat dock configuration for the Stella Maris subdivision in the Port of the Isles for
existing and future boat slips and limit the total number of boat slips to 50.
PREPARED BY: Heidi Ashton-Cicko, Section Chief, Land Use/Transportation and Susan Mason,
Principal Environmental Specialist, Engineering, Environmental, Comprehensive Planning and Zoning
Services
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
March 23, 2010
Page 3 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation for approval of a perpendicular dock configuration and angled boat dock
configuration for the Stella Maris subdivision in the Port of the Isles.
3/23/20109:00:00 AM
Section Chief/Land Use-Transportation
Date
Prepared By
Heidi F. Ashton
County Attorney
County Attorney
3/9/20101 :14:35 PM
Susan Mason
Environmental Specialist, Principal
Date
Prepared By
Community Development &
Environmental Services
Engineering & Environmental Services
3/9/20101 :14:35 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Date
Operations Analyst
Community Development &
Environmental Services
3/9/20103:05 PM
Nick Casalanguida
Director - Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
3/9/20103:25 PM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
3/9/20104:43 PM
Date
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - CDES Engineering Services
Engineering & Environmental Services
3/10/20108:09 AM
Approved By
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/10/20109:26 AM
County Attorney
Date
Approved By
Jeff Klatzkow
3/12120102:14 PM
Approved By
Management/Budget Analyst, Senior
Date
Mark Isackson
Office of Management &
Budget
Office of Management & Budget
3/13/2010 9:57 AM
Agenda Item No. 16A4
March 23, 2010
Page 4 of 22
STELLA MARIS
Data Source: 2009 "8rla). Caller Courty Property Appraiser
Created By cees OP8l'sUOI'lS, GIS/CAD Section
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Data: 3f9'H)
45 90
180
270
360
Feet
N
A
- -
STELLA MARIS
DalaSource: 2009 Aerial. CollerCoul't'/ Property Appral5er
Created By eOES Operations, CIS/CAD Section
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ccts-n.-resoorcesllrnages\lrIIaps&A9r1ollslStellaMansSou\t1EndlPg
Oall!: 3fQ'10
15 30
60
90
120
Feet
N
A
Agenda Item No. 16A4
March 23, 2010
Page 5 of 22
STELLA MARIS DOCKS
11
Dock CO'D Permit 2003121526
Dock CO'D Permit 2003052618
Dock CO'D Permit 2003020103
...... Dock:'\Jnperml~ed.:~I", :pennit2Q!i3Q32~3~.C~(;e11ed
Dock CO'D Permit 2001012184/2004102738
253 Stella Maris Dr. S
257 Stella Maris Dr. S
261 Stella Maris Dr. S
2~~.~t~I!~,Ni8!is1?T;. S;:
269 Stella Maris Dr. S
27~ ~.
277:$
281 Stella Maris Dr. S
285 Stella Maris Dr. S
2
Dock CO'D
Dock CO'D
Permit 2004042928
Permit 2000070347
2
3
305 Stella Maris Dr. S
309.
3\3Ste
317 Stella Maris Dr. S
321 Stella Maris Dr. S
325 Stella Maris Dr. S
329 Stella Mans Dr. S
333 Stella Maris Dr. S
338 Stella Maris Dr. S
338Siella Mans
334 Stella
330'Ste1ia
326 Ste11~ . '
322 Sie11~. .
318 Stella Maris Dr. S
318 Stella Maris Dr. S..
314 Stella Maris Dr. S
310 Stella Maris Dr, S,
306Stelili MansDf.S'
302 Stella Maris Dr. S
298 Stella Maris Dr. S
294 Stella Maris Dr. S
294 Stella: Maris Dr. S
290 Stella Maris Dr. S
286 Stella Maris Dr. S
282 Stella Maris Dr. S
278 Stella Maris Dr. S
274 Stella Maris Dr. S.
0,
Dock CO'D
Dock
Dock
Dock CO'D
Dock CO'D
Dock CO'D
.... DockUripermitted
Dock CO'D
Dock CO'D
Syoid
Permit 2000032676/2003022599
1~9.,
1010
Permit 2000081709/2004032690
Permit 2002122014/2009050671
Permit 1999110506/2002121947
;,Perniit 200212201) ,void **
Permit 1999112264/2002100763
Permit 98011047 **
.erml nQ er pulled
Dock CO'D Permit 1998110164
..Replac(l Dock/no elec Permit 2006063651 Cancel
Dock CO'D Permit 2006063647
" Do.ck Unpermitte it 9806.1584 Inspect
'. . Do~k Uopermitt 't 98062072/200.4021461 Void
Dock CO'D Permit 1998101444 **
DockUnpermitted. ... Permit 1999121021 Cancelled
Dock CO'D Permit 1999031541
Unpermitted fe-cOnf. '" . Permit none pulled for reconfig.
Dock CO'D Permit 2004032689
DockCO'D Permit 1998111014
Dock CO'D Permit 1999040962
Dock CO'D Permit 199906] 842
, Dock Unpermitted. '. . Permit 98050823 Cancelled **
** denotes other permits that are open and not CO'D
270 Stel1a Maris Dr. S
266 Stella Maris Dr. S
262 Stella Maris Dr. S
258 Stella Maris Dr. S
254 Stella Maris Dr. S
250 Stel1aMaris Dr. S
246 Stella Maris Dr. S
239 Cays Dr.
235 Cays Dr.
231 Cays Dr.
231 Cays Dr.
Agenda Item No 16A4
March 23,2010
Page 6 of 22
STELLA MARIS DOCKS CONTINUED
Dock Unpermitted
No Dock per sketch **
Dock Unpermitted
Dock CO'D
Dock CO'D
Dock Unpermitted **
Dock CO'D
Dock CO'D
Dock Unpermitted
Dock CO'D
Dock Unpermitted
Permit 960011723/2004101101 **
Permit 97091810 Cancel **
Permit 1998111003 **
Permit 970004455 **
Permit 97121077/2004111973 Void
Permit 2005041380
Permit 97061125/2005041383
Permit 2004102734 Void
Permit 98011452
Permit 2004040541 Void
Where an address has been entered twice this indicates that a dock had been
permitted and CO'D at one time. The second permit for either an uPl!rade or a
replacement was never completed and the permit was either cancelled or voided for
failure to meet the required criteria or inactivity. Information on Armv Corp.
approvals for docks not available at this time.
** denotes other permits that are open and not CO'D
1/15/10
Agenda Item No. 16A4
A~:~~~~~
Page 1 of 16
EXECUTIVE SUMMARY
This item requires that all participants be sworn in and ex parte communication disclosure be
provided. ADA-2008-AR-14059, Sunrise Cay II Condominium Assodation Inc., represented
by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has
submitted an appeal ofthe deeIsion for INTP-2008-AR-12749. The appeUant has requested
an appeal to the DIreetor's response in which the Director concluded that the proposed
design submitted with the Interpretation request, depicting angle-parked boat parking
with mooring pilings, is inconsIstent with the Manatee Protection Plan requirements at
Sunrise Cay II. Through the appeal process both parties have crafted a proposed
settlement agreement which Is comprised of a dock design with Umiting conditions. wherein
It is the Director's opinion that the modification of the design plan and the proposed
conditions meets the intent of the marginal wharf configuration requirements of tbe
Manatee Protection Plan and Land Development Code. The agreement is being proposed
for the Board of Zoning Appeals consideration and approval to reconcile tbe appeal
request and comply with the requirements of the Manatee Protection Plan. The subject
property Is located in Section 9, Township 52S, Range 28E, ColUer County, Florida.
OBJECI'IVE:
Pursuant to the County Codes of Laws and Ordinances, Sec. No. 250-58, the objective of an
appellant's request is typically to seek a reversal of an official interpretation from the Collier
County Board of Zoning Appeals (BZA), specifically (INTP-2008-AR-12749) as it applies to a
proposed redesign and reconstruction of dock facilities for tbe Sunrise Cay II Condominiums
located in Port of the Isles, in the Sunrise Cay Il development. However, fur this request the
applicant and the County staff have agreed upon a settlement pursuant to the terms and
conditions in the attached settlement agreement and are presenting it to the BZA for their
approval.
CONSIDERATIONS:
The subject property has an RMF-16 zoning designation and contains a total of 42 residential
condominium units with related accessories and appurtenances in 5 buildings that were
constructed between 1996 and 1999, with approximately 973 linear feet of seawal1ed shoreline
along the Sunrise Cay Canal and the Faka Union Canal. The Association has submitted
applications to the Florida Department of Environmental Protection (file no. 11-0220350-001)
and the V.S, Army Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the
construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading
dock and ramp, with 36 of the boats angle-parked and secured by 38 pilings on 13-foot centers
and 6 boats parallel-parked on the west side of the Faka Union Canal, On January 10, 2008, in
accordance with Section 10.02.02.F of the Collier County Land Development Code, the
applicants representative requested an official interpretation which included two separate
requests, regarding the proposed reconfiguration of a dock facility and whether or not it is
consistent with the Collier County Manatee Protection Plan (MPP) in particular: I) whether the
Agenda Item No. 16A4
~:Sf~~~~
Page 2 or 16
proposed use of mooring pilings to angle-park boat slips at the property of Sunrise Cay II is
consistent with the MPP and, 2) whether the MPP permits a loading dock and access ramp
immediately adjacent to the seawall at the property of Sunrise Cay II. The Appellant did not
request to appeal the Director's response to the second request, in which the Director concluded
that a shore-parallel, linear loading dock located immediately adjacent to the seawall would be
consistent with the MPP. The Appellant agrees with the Director's response to request number
2. The Appellant is appealing the Director's response to request number] in which the Director
concluded that angle-parked boat parking with mooring pilings is inconsistent with the MPP.
The boats are currently parallel parked along the entire length of the seawall and secured with
mooring whips. This current configuration is considered a marginal wharf. Under the proposed
configuration, 36 boats would be angle-parked along the seawall and secured with pilings on 13-
foot centers. The remaining 6 boats will remain parallel-parked as currently exist on the west
side seawall. The applicant has agreed to limit the overall number of boat slips to a total of 42
slips. The proposed reconfiguration of the slips does not can for any structures in or above the
water other than the relocated pilings and a proposed loading dock and ramp. Boat parking in a
mooring configuration which results in boats perpendicular or angled to the shoreline is not
considered a marginal wharf, consequently the official interpretation response with respect to the
applicant's proposal to angle park boats was not approved by the Director.
The intent of the requirement for a marginal wharf is to limit the number of boats and boat slips.
After reviewing the appeal application it is the Director's opinion that the intent of the MPP
could be met if the applicant and the County were willing to enter into a settlement agreement.
The agreement would limit the number of boat slips to what currently exists on the subject site
(42 slips) and limit the number of boats and the length of the boats (see attached settlement
agreement and terms) specifically by limiting the number of docks to no more than what would
be allowed by the application of the marginal wharf criteria as set forth in the official
interpretation (AR-14058) and in doing so restrict any future construction of additional docks
beyond 42 docks. This could be accomplished provided the Association is willing to agree that
the total number of boat slips to be moored at the property under the current proposal will not
exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the
engines) and that the dock facility and loading dock and ramp configuration will be substantially
the same as shown in the attached Exhibit "A". The applicant is willing to agree to this, in
exchange for the County authorizing the construction of the boat dock facilities and providing
such consistency letters and approvals as may be necessary for the construction of the facilities.
Through the appeal process both parties have crafted the attached draft settlement agreement
which is comprised of an alternative dock dcsign with limiting conditions, wherein it is the
Director's opinion, approval of this proposal by the Board will mean that the intent of the
marginal wharf configuration requirements of the Manatee Protection Plan will be met through
development of the proposed design and associated conditions of approval within the agreement.
The agreement is being proposed for the Board of Zoning Appeals consideration and approval to
reconcile the appeal request and to en~ure the project complies with the requirements of the
Manatee Protection Plan.
Agenda Item No. 16A4
Agerill1lllrt~!l\o2cr1llE
Septeriilllge1 S,dlCIW
Page 3 of 16
In conclusion, the County's professional slaff has reviewed the applicants proposed dock
configuration (Exhibit A) and has concluded that the proposed configuration with the limilations
imposed by the terms of the attached settlement agreement meets the marginal wharf criteria of
the MPP and is consistent with the official interpretation findings.
FISCAL IMPACT:
As a matter of infonnation the fee for this appeal is $1,000 plus advertising costs. Approximate
staff time devoted to the processing and analyzing of this appeal request to date has been
approximately 20 hours excluding the scheduled hearing.
LEGAL CONSIDERATIONS:
This item is quasi-judicial requiring ex parte disclosures and a simple majority vote. (STW)
GROWTH MANAGEMENT PLAN IMPACT:
The settlement agreement is consistent with the County's Growth Management Plan.
RECOMMENDATION:
Staff recommends that the BZA approve the settlement agreement.
Prepared by: Susan M. Istenes, AICP, Zoning Dircctor
Item Number:
Item Summary:
Meeling Pete:
Ag'A,enda Item No. 16A4
ge~f!lwElj'~ft;
Sept~ ~li.
. 'P'age 4 of 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
ADA-2008-AR-14059 Sunrise Cay II Condominium Association Inc, represented by
Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, is appealing the
decision for INTP-2008-AR-12749. The applicant wishes to appeal the Director's decIsion in
which the Direc10r concluded that angle..parked boat p.arking wIth mooring pilings is
inconsistent with the Manatee Protection Plan specifically Sections 5.03.03. E.11 of the LOC
and Sections 3.2.3.4 and 4.6.3 of the MPP to prohibit use of mooring pilings to angle-park
boat slips at Sunrise Cay II Subject property is located in Section 9, Township 52, Range 28.
Collier County, Flonda
9115120099:0000 AM
Zoning & land Development Director
Date
Prepored By
Susan Istelles, AICP
Community Development &
Environmental Service.
Zoning & Land Development Review
8114120093:19:23 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operation. Analyst
Community Development &
Environmental Services Admin.
8/171200911:31 AM
Approved By
Zoning & land Development Director
Date
Susan 'stene.. AICP
Community Development &
Environmental Services
Zoning & Land Oevelopnwtnt Review
81181200910:44 AM
Date
Approved By
Joseph K. Schmitt
Convnunity Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
8/18/200910:44 AM
Environmental Service$ Director
Date
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmitntal Services
Elwironmental Services
811912009 9:14 AM
Approved By
Assistant County Attorney
Date
Swven Williams
Attorney's Office
Attorney's Office
8/2612009 4:18 PM
Asslctant County Attorney
Date
Approved By
Heidi F. Ashton
County Attorney
County Attorney Office
8/27120094:59 PM
r.:1_. 1Ir".\ " __u ..J_-r__~'r'n_ ......, '''' of co _._"'____'- _..111 ~n, c III ....n~nnn\'., fl/.,n",'f n.,." ,. It. "'.fill ~^ "r".........r
Agenda Item No. 16M
Agen<M<itm Ml.2ll1W
Septerfillrle1512G)~
Page 5 of 16
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Om
9/112001 3:53 PM
Approved By
OMB Coordinator
OMB Coordinator
0.1e
County Manager. Office
Office of Management & Budget
91212009 9 :52 AM
A pproved By
Laura Davisson
Management & Budget Analyst
Office of Management & Budget
c.'"
County Manager's Office
9/212009 11 :31 AM
Approved By
Leo E. Ochs, Jr.
Soard of Co unty
Commissioners
o,puty County Manager
Dale
County Manager'. Office
9/2/2009 6:46 PM
A~nda Item No. 16A4
~:~~~f~1
SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT (bereinafier referred to as the "Agreement") is
made and entered into this _ of , 2009, by and between Sunrise Cay 1I
Condominium Association, Inc. (the "Association"), and Collier County, Florida, a political
subdivision of the State of Florida (the "County").
WHEREAS, Association is responsible for tbe operation and management of the
property constituting Sunrise Cay II, a condominium, located io Port of the Islands, in Section 9,
Township 52 South, Range 28 East, folio number 01067081401, within the unincorporated area
of Collier County, Florida, as described in the Declaration of Condominium recorded in OR
Book 2245, Page 1343, as amended (the "Property"); and
WHEREAS, the Property is zoncd RMF-16 on the Collier County Zoning Map and
contains a total of 42 residential condominium units with related accessories and appurtenances
in 5 buildings that were constructed bctween 1996 and 1999, with approximately 973 linear feet
of seawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal; and
WHEREAS, the Association has submitted applications to the Florida Dcpartmenl of
Environmental Protection (file no. 11-0220350-00]) and the U.S. Army Corps of Engineers (file
no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to
consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle-parked
and secured by 38 pilings on 13-foot centers and 6 boats parallel-parked on the west side o[the
Faka Union Canal; and
WHEREAS, on January 10, 2008, in accordance with Section 1O.02.02.F of the Collier
County Land Development Code, the ASsociiitiOl1 submitted a request for interpretation to the
Director of the Collier County Department4)f Zoning and Land Devetopment Review
("Director") seeking confU'lllation that the proposed dock facility and loading ramp configuration
were consistent with the Collier County Land Development Code and Sections 3.2.3.4 and 4.6.3
of the Collier County ~anatec Protection Plan; and
WHEREAS, on November 12, :W08 the Director issued a response to the Association's
request for interpretation, INTP-2008-AR-I2749, which concluded that the proposed dock
facility configuration was not consistent with the Manatee Protection Plan, but that tl1e loading
ramp was consistent with the Manatee Protection Plan so long as the loading ramp was designed
to be shore-parallel, linear, located immediately adjacent to the seawall, and was not used as
additional mooring slips; and
WHEREAS, on December 11, 2008 the Association filed an appeal of the Director's
interpretation, ADA-2008-AR-14059, asserting that the proposed dock facility configuration and
loading dock and ramp are consistent with the Land Developmcnt Code and Manatee Protection
Plan; and
Page] of 5
Agenda Item No. 16A4
Agen~Il:li'l1:No.2P/1f5l
Septe/i\tlflfllO] 000'9'
Page 7 of 16
W'HEREAS, as interpreted by staff, the application of the Land Development Code and
marginal wharf critcria contained in the Manatee Protection Plan to the 973 feet of shoreline of
the Sunrise Cay Condominium site would limit the maximum number of docking sites to 42 at an
average length of23.2 feet; and
WHEREAS, after revicv.ing the proposal, staff agrees that the provisions of the Land
Development Code and the 'vlanatee Protection Plan are mct hy limiting the. number of docks to
no more than what would be allowed by the application of thc marginal wharf criteria as set forth
in the official interpretation (AR-14058) and in doing so restrict any future construction of
additional docks beyond 42 docks; and
WHEREAS, in order to resolve the appeal in ADA-2008-AR-l4509, the Association is
willing to agree that the total munbcr of boat slips to be moored at the Property under the eUlTent
proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not
including the engines) and that the dock facility and loading dock and ramp configuration will be
substantially the same as sho"" in the attached Exbibit "A", in exchange for the County
authorizing the construction of the facilities and providing such consistency lcttcrs and approvals
as may be necessary for the construction of the facilities; and
WHEREAS the County agrees that the proposed dock facility and loading dock and
ramp will be consistent with the Land Devclopment Code and the Manatee Protcction Plan and
will not endangcr the manatees provided that the total number of boat slips does not exceed 42.
and the facilities are constnlcted in substantial conlnrmity with the plans attached as Exhibit
"A"; and
WHEREAS the Association and the County recognize that the interpretation and appeal
could lcad to litigation between the parties, and that the costs and uncertainties of litigation and
the unique facts and circumstances surrounding this matter and have agreed to settle any and all
of the Association' s claims and any and all other claims, kno\\TI and unknown bctwcen the
parties;
NOW, THEREFORE, in consideration of the foregoing prcmises and the following
mutual promises (the receipt and sufficicncy of such consideration being acknowledged by all
parties), the parties agree as follows:
I. Rccitals. The foregoing recitals arc true and correct and are incorporated herein
by reference.
2. Denial of Liability. No party is admitting wrongdoing, fault. or liability of any
nature by entcring into this Agreement.
3. Attornevs' Fecs. All panies shall pay their own attorneys fees and costs
associated with this matter.
4. Release of All Claims as A~ainst the Countv. Except lor any brcach of tbis
Settlement Agreement, the Association. hereby releases, acquits. satisfies. and forever discharges
Page 20fS
Agenda Item No. 16A4
Age rg,/ilI1'rel'JP20 flt
Sept~1!1,~
P'age 8 of 16
the County, (including any and an cmployees, officers, directors, heirs, successors, assigns, legal
representatives, attorneys and agents of the County) of and from any and an, and all manncr of
action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which the Association ever had, now has, or which any personal representative,
successor, heir or assign of the Association, hereafter can, shall or may have involving or relating
to the dock facility and loading dock and ramp, for, upon or by reason of any matter, cause or
thing whatsoever, from the beginning of\he world to the day of this Agreement.
5. Release of All Claims as AI/ainst the Association. Except for any breach of this
Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the
Association, (including any and all employecs, officers, directors, heirs, successors, assigns,
legal representatives, attorneys and agents of the Association) of and from any and all, and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, specialties, covcnants, contracts, controversies, agreements,
promises, variances trespasses, damages, judgnlents, executions, claims and demands
whatsoever, in Jawor in equity, which the County ever had, now has, or which any personal
representative, successor, heir or assign of the County, hcreafter can, shall or may have involving
or relating to the dock facility and loading dock and ramp, against the Association., for. upon or
by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of
this Agreement.
6. Dock Facility. The county agrees that the dock facility and loading dock and
ramp as shown in the attached Exhibit "A" are consistent with the Collier County Land
Development Code and Manatee Protection Plan, to approve the construction of the dock facility
and loading dock as specified in the attached Exhibit "A", and to issuc permits for construction
of the same upon application by Association, and receipt of all required agency permits. TIle
County further agrees to communicate its approval and consistency letters as necessary to the
U.S. Fish and Wildlife Service and any other applicable govemmental agencies within scvcn (7)
days of the date of this Agreement. The Association agrees that the dock facility shall be limited
to a maximum of 42 boat slips and the loading dock in the configw-ation shov,'I1 in the attached
Exhibit "A". The Association further agrees that the cumulative total length of the vcssels to be
docked at thc facility, not including the engines, shall not exceed 973 feet.
7. Execution of Other Documents, The parties agrec that they will execute any other
documents as are necessary to effectuate or to carry out the in1ent of this Agreement.
8. Governing Law and Venue. This Agreement and all other documents executed in
connection with this Agreement shall be governed by and interprcted under Florida law. The
sole and exclusive venue for any litigation between the parties arising out of or relatcd to this
Agreement or any documents executed in connection with thi s Agreement shall be in the circuit
Court in and for Collier County, f1orida. The Settlement Agrcement is the joint product of the
Association and the County and shall not be construed against either party as the drafter.
Page 3 of 5
Agenda Item No. 16A4
AgenMcltQfu:Nb2fl7lel
Septefilollt>1'5i 0tJW
Page 9 of 16
9, Enforceability. In the event that any provision of this Settlement Agreement is
found to be void or unenforceable by a cmm of competent jurisdiction, the remaining provisions,
in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to
the same extent as if the void or unenforceablc provision were omitted from this Agreement.
10. Entire Settlement Ae:reement. This Agreement contains the entire agreement
between the parties and all prior or contemporaneous negotiations or representations are mcrged
into this Settlement Agreement. This Settlement Agreement may not be amended or modified
except in a written document signed by the parties.
11. Execution. Association shall execute this Agreement prior to it being submitted
for approval by the Board of County Commissioners.
12. AppJicabilitv, This Agreement shall be binding on Association's successors,
heirs, and assigns. Further, this Agreement shall be binding on the Association's successors,
heirs, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clcrk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
DONNA FIALA, Chairman
. Deputy Clcrk
WIITNESSES:
AS TO ASSOCIATION:
SUNIUSE CAY [J CONDOMINIUM
ASS. CIA TlON, INC.
/ ,'7
/;;:l.,? L---+ _
Print Name: (!f,.-/! T/{,r".1-,'/...J
~/?rn-H"'-/~'~
~~.
PrintName)/I12:,i", j )11.0' - Wp:.J::...
By:
xf~') lfn, V Q<L:6~4J
~pproved by Susan M. Istencs. AICP.loning Director
Page.. of 5
Aqenda Item No. 16A4
Agenlill!J~P2()1'5
Sept~ ,~~
Page 10 of 16
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this :J'IIAiay of tlLt.~' j .
2009, by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Associatio , Inc., who
is personally known _ \0 me or has produced rL Dr"/t:/~ LI<:eI1~f' ~ as
identification. G I.:..! v";.3 'f S' ""',c.,#, 6
WITNESS my hand and official seal this .:2 'f /I, day of ~.,,j l , 2009.
YJ1 (:l...~ X. /3rAA-vLl'
Notary Public
Notary Rubber Stamp Seal
Or Emb I
MAR1ltA L IlENEIT
MY CQllMlSSlON . DO 831583
EXPJRES: _17. 2013
BanOec1ThruNlUryPubkUnOl!fWlIIer1
M ,,-.' -II.... t.
Printed Name
I.NJ ~'3'158 3
Commission No.
13~ .. 17(' ;-1
'5' /17 /.J. C! I ~
Expiration Date
Approve as to orm
An11; ~ffi"'~"
t:~ A LKO
L-tt.~e ey A. Klatikow
W - County Attorney
Page 5 of5
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Agenda Item No 16M
Agertdllrrwril:N~~1j(E
Sept~ ~15,o:!!AAl
Page 12 of 16
~
COLLlliRCOUNTYGOVERNMENT
CommuDlty Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive. Naple., Florida 34104
November 12, 2008
Mr, Christopher J. Thornton
Cheffy, Passidomo, Wilson &. Johnson, P,A.
821 Fifth Avenue South, Suite 201
Naples, FL 34102
RE: INTP-2008-AR.Jz'749, Request for omclal interpretation of Sections S.03.06.E,1I and
S.05.02.C of the Collier County Land Development Cude (LDC) to determine whether
or Dot the use of mooring pilings to aDgle park boat slips is allowed and is consistent
with the Manatee Protection Plan (MPP), and whetber the proposed loading dock
with BCCelIS ramp b consistent with Sections 3.1.3.4 Bnd 4.6.3 of the MPP,
Dear Mr, Thornton:
Pursuant to Land Developm~~tCcide <iDe) Section IO.02.02,F. you havc:asked the Zoning and
Land Development ,Review Director to. render an official interpretation for two (2) separate
requests pertaining to various pro'visions of the Manatee Protection Plan and the applicable
provisions of the LDC as noted above,
In your request, you indicate that the Sunrise Cay II Condominium Association has submitted
applications to the Florida Department of Environmental Protection (File No. 11-0220350-001)
and the U.S. Anny Corps of Engineers (File No. SAJ-2003-9792) seeking permits for the
construction of II rcconfigured dock facility of an existing 42 boat slip facility. These slips are
currently parallel-parked along tbe entire length of the sea wall and secured with mooring whips.
Under the proposed configuration, 36 boats would be angle-parked along the seawall and secured
with pilings on l3-foot centers. The remaining 6 boats will remain parallel-parked as currently
exist on the west side seawall, You also indicate t/ult the overall number o[boat slips remains at
42 slips in total and that the design of the existing live foot wooden boardwalk serving the boat
slips will not change. Lastly, the proposed reconfiguration of the slips does not call for any
structures in or above the water other than the relocated pilings and a proposed loading dock and
ramp. For the purpose of this interpretation, you /ulve not requested a determination concerning
the subject site's ranking under the marinll siting criteria contained in Section 5.05.02,C of the
LDC and Section 3.2.4.1 of the MPP. . , . '
In Request I, you asked whether or not Sections 5. 03; 06. E.ll of the LDC and Section 3.2.3.4
and 4.6.3 of the Manatee Protection Plan (MPP) permits the llSe of mooring pilings to angle-
park boat slips as proposed by the Sunrise Cay II Condominium Association, Ine.
c
l~~
c
Phone (239) 252-2400
Pax (239) 252-6968 or (239) 252-2913
EXHIBIT~
'Vw\v.co11iergov.nCL
Agenda Item No. 16M
Agenljaa~ ~.2tfflJ
Seple~1~2JlJ~
Page 13 of 16
Mr, Christopher J. Thornton
November S, 200S
Page 2 of4
Basc:d upon my review of Section S,03,06.E.11 of the LDC, it is my opinion that multi-slip
docking facilities with ten (10) or morc slips are permitted on the subject site but the docking
facilities are required to be reviewed for consistency with the MPP that was adopted by the Bee
and approvc:d by the Department of Environmental Protection (DEP).
Although the LDC doesn't define the term "mooring pilinga", Section 5.03.06 of the LOC Iislll
mooring pilings as an allowable use on waterfront property as well as individual or multiple
private docks. In addition, pilings are deemed to be a component of a dock facility, A dock
filcillty can include a walkway, pier, and pilings associated with the dock. Furthermore, SectioDS
3,2.3.4 (2) and 4,6.3 (2) of the MPP apply to the subject RMF -16 zoned property since the site is
developed with multi-family dwelling units on a canal with a seawall, These provisions restrict
shoreline development within the sea walled basin at Port-of-the-Islands as fo1\ows:
. Multi-family residential docks should be restricted by a1\owing only ~
~ along the waterfront of multi-family areas with no fmger piers or ",..,
shaped docks allowed.
In your application, you contend that because this provision of the MPP uses the pennissive term
"should" instead of the mandalory "shall", the language of the rule (given that it is nol
mandatory) should not be used to determine if the proposed dock facility configuration is
consistent with the MPP.
However, it is my opinion that these sections of the MPP were clearly intended to apply to the
subject property since they indicate that the "shoreline development" restrictions are to apply
"within the seawalled basin" and "within the manatee sanctuary" areas of Port-Qf-the-Islands.
Therefore, the intent of the MPP is to e"c1udc the finger piers, "T" docks, piles and floating
docks but allowing only marginal wharves within the Sunrise Cay II development.
While the LDC and OMP, as well as Sections 3.2.3.4 and 4.6,3 of the MPP, don't define or
provide development standards for a "marginal wharf", there is an industry accepted definition
that has been historically applied to the subject site for consistency with the MPP. This
definition ofa "IIllIl'gimd whu.rf' is as follows:
ManriDa1 wbarf: A wharf that is flush (parallel) with the general adjacent shoreline with boats
(ships) docked end to end, It is a landing place where ships may tie up and load or unload
passengers and supplies.
Based on this definition, it is my opinion that the proposed configuration for angled-parked boat
slips along the marginal wharf and secured with pilings, on l3-foot centers, is not consistent
with the intent of the MPP, It is also my opinion tbat the proposed marginal wharf can not
include any f1118er piers or "T" shaped docks or loading ramps.
In Reqllest 11, you asud whether or not the propolied 10000ing dock with acct!S1i ramp or a
Iihon-paralJel, ltllellr IOtJding iWck located im1nt!diately adjncent to the lieawaU or _rginal
wharf lire consistent with Sectwns 3.2,3.4 and 4.6.3 01 the Manatee Protectwll Plan 7
,.:j
Agenda Item No. 16A4
AgenMilfllmEI,<jp2ClfEt
Sept~ ~O,~
Page 14 of 16
Mr. Christopher J. Thornton
November S, 2008
Page 3 of4
In your request, you indicate that the proposed 1000ini dock and ramp is to only be used for
temporary loading and unloading of people and supplies, and is necessary for the safety of the
boaters whether the boats are parked parallel to the seawall and secured with mooring whips or
parked at an angle and secured with pilings. In order to pMvent boaters from having to leap from
the boat to the seawall during high or low tides, the Sunrise Cay II Condominium Association
socia to COIIJtruct a floating dock with an access ramp to improve the safety of the members of
the Association when accessing their boats.
Based upon my review of Section 3.2.3,4 of the MPP, the multi-family residential docks ~
be restricted by allowing only manzinal wharves along the waterfronr of the multi-family areas
with no finger piers or "1'" shaped docks allowed. As depicted on Exhibit "F" of your
application. YOID' proposed design for the loading dock and ramp consists of a 10 foot by 7 foot
platfonn that protrudes into the canal ami includes a 4 foot by I S foot long ramp that connects to
a 36 foot long "L" shaped floating dock.
Since the proposed loading dock with access ramp is a permanent structure attached to piles, it is
deemed to be a part of a marginal wharf. The design of the structure in this ClllIe, in my opinion,
is not consistent with definition of a marginal wbarf since it protrudes out into the canal similar
to the way a "T" or "U" shaped dock would protrude. Also, the proposed loading dock is not
designed to be built parallel to the marginal wharf or the shore of navigable waters, .
In regards to the alternate design that you proposed in the addendum to your application, you
inquired if a shore-parallel, linear loading dock located immediately adjacent (parallel) to the
seawall would be consistent with the MPP provision as noted above. Based on my conclusions
j..- above, one could apply Sections 3.2.3.4 and 4.6.3 of the MPP to allow a shore-parallel, linear
""'t- loading dock as long as it is located immediately adjacent to the seawall. It is my opinion that
this limitation is consistent with the intent of the marginal wharf and includes those loading dock
structUml built on flotation devices ~ to keep them at the same level of the ship even
during changing tides." It should be noted that the use of shore-parallel loading sba1J not allow
more boats to be docked than is currently allowed. Any shore parallel loading dock is jUSl for the
ease of access to boats and OIIIUIot be used as extra mooring.
Pursuant to Division 1O.02.02.F. of the LOC, this interpretation ha~ been sent to you via certified
mail, return receipt requested. As this is a site-specific interpretation, all property owners within
300 feet of the subject property will receive mail notice and a copy of this interpretation and
appeal time frames will be placed in the Naples Dailv News, Within 30 days of receipt of this
letter, or within 30 days of publication of the public notice, any affected property owner or
aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning
Appeals (BZA).
A request for an appeal must be filed in writing and must state the basis for the appeal and
include any pertinent information, exhibits, or other back-up infonnation in support of the
appeal, The appeal must be accompanied by a $1.000.00 application and processing fee, If
payment is in the fonn of a check, it should be made out to the Collier County Board of
Commissioners. An appeal can be hand delivered or mailed to my attention at the address
Agenda Item No. 16M
A~:'rW~~m
Page 15 of 16
Mr, Christopher J. Thornton
Novembor S, 2008
Page 4 of4
provided, Please do not hesitate: to contact me: should you have any further questions on this
matter,
Sincerely,
~'fYl,~
Susan M. Istc:nes, Alep, Director
Department of Zoning & Land Development Review
Cc: Clll:ic:rCount)i 80ard oi County Commis~ioners
Collier County Planning Commission
James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, Comm, Development & Bnv. Srv. Div.
Jeff Klatzkow, County Attorney
Ray V, Bellows, Zoning Manager. Department of Zoning & Land Dev. Rev,
~ZF
Sunday, August 30, 2009
".
10128 .Uf' .
NOTICE 'OF pualc HEARING
0120'..
. ".E1II:'
Notice Is hereby a/ven thet tllll Board of County
comr,ISSfonetl' Of eollllr COU~ will hold a public
~~~ l~a= tf..:c.T.g;.~.~:~ ~
IIer COUntY Government c.ar. 3301 Edt T.",WnI
~:ll:~Pl... Florida. Tile mlltlng ~nl begin at
Petition: AOA-ZCJ08.AR-14059. 5unri.. eailll Condd-
mlnlum A"ocl~,on dt::it,,"="nted ~ Christo-.
f~~~n.~J"l:u ~bmrtn~ an:=' ott"d::
sldn lor INTP.Z_AR-IZ74l1, Till apP.."lIant has re-
quested an appHl to the Director s rllpon'"ln
which the Director concludld that the propaua.
de.11ln .ubmlttecf with the Interpretallo~ ~
odNr.=ng f=;=~ wt'~~~t~,
~Ian requlremlnts It Sunrlle ~ n. 'I'tliriugll the
appeal proce.. both pertles lIavI craE\jl .
r=. ":'"'::"::b&Cj=r- co~m:.~' 'e:" "It~
the Dlrecto'. opinion th': thl modl~ ,of the
cIellgn plan .and the propoeed condhlo", mHb the
Intent Of the maralnal Whuf contIau!1ltlOl'l ftlqUlre-
monts of the 'Manatee Protllctlon Pl"en. and LanG De-
""Iopment COda. The agreement I. being JII1Ipohd
for the Soard Of Zonlnli All_I. consl_lon end
epproyej to reconcile the _I r",ueet and com-
fJlY with the r""ulrements or the Manet.. Protec-
tlg~ ;~"r".;W~I:t'e~ .r.r:::1lIt Igg:rf:;l ~~:.
Florida. .
NOTE: "II Persons wishing to sPHl< on lilY _nd&
Item mu.t register with the COul)ty "dmlnlslretor
prior to p.....ntatlon of thl lIIIeI'\da Item to be ad-
dressed. Individual slll8lctirs will be limited to 5 .
mlnU118S on ~ Item. The selectton of an Individual
to speak on behalf of an Ol'll8nlza, tlon or aroup. Ilss I
enCOUl1l~, If I"IC09I1Ized I!Y the Chair. a IpOICno
ro~utes t~ ~~o"~ =.zatlon' ~ be allotted
Persons wlshll)g to ha... written .or g....l1Ic materI-
als Included In the Board aUlnda packets must
submit said material a minimum of 3 WIlles prior to
the. resptlCtlve public I1aerIng. In any. c...... written
mat,,"als Intorided to b. consld.red by the Board
shall be submlttld to thl approprlllle Co'l'm' staff
· minimum of...."", days prfor to the P\lbllehllar-
Ing. I.JI material used In preslntatlons before the
Board will become a ...../IlIInent part of the record.
:~ lo~3nwi'i'lh~e~1~~~;g..sP!t.~ea p:~~rn:!
p~~al~a i~.';.'I,~~ndre=m":'~O:I~er;
made. which. record Includ.s tbe felltlmony and
evidence upon wllich the appoall. baled,
~~g::.~':lo"nr'i~''.,= 'lod=~n~:::'
~~~I~n~ =..~~ 'i.m: lo":t.~ 3:
~od~~dc:~n3lJnfa~~~~~rr:l\"r:.~ ~~~~
/lap"", Florida :l41U. (239)252-8380; assisted llratr."
:~t:d'.l:.t ~~~=~, =,red are avaflab e
. SOARD OF COUNTY COMMISSIONERS
COLUER COUNTY. FLOR,IDA
DONNA FIALA. CHAl RMAN ,
'~~FC~c_-
AIKlt,d" ~n ,~ " , , . ' .
h1n'ianm;
Agenda Item. No. 16A4
Agenlitllll1iJJrQ~o211J1E1 .
Septe~ m.~
I, ' Page 16 of 16
Baily. -awl