HEX Agenda 10/11/2018
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, OCTOBER 11, 2018 IN CONFERENCE
ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION
BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY
THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC
MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL
SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED
DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE
RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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 TO BE
BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE
BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME,
ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS
WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL
ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. BDE-PL20180000143– Kyle and Kimberly Witwer request a 28.65-foot boat
dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development
Code, for a total protrusion of 48.65 feet, to accommodate a new docking facility for the benefit
of Lot 8, Southport on the Bay Unit One, also described as 84 Southport Cove, in Section 6,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Gil Martinez,
Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
AG ENDA ITEM 3-A
TO:
FROM:
MEMORANDUM
COLLIER COUNTY HEARING EXAMINER
ZONING DIVISION-ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 11, 2018
SUBJECT: BDE-PL20180000143, 84 SOUTH PORT COVE
PRO PE R TY OWNER/APPLICANT: AGENT:
Bill Nelson Kyle & Kimberly Witwer
3636 Adams Center Road
Fort Wayne, Indiana 46806-1579
Greg Orick II Marine Construction, Inc.
27171 Driftwood Drive
Bonita Springs, FL 34135
REQUESTED ACTION:
The applicant is requesting 28.65-foot extension over the maximum 20-feet allowed by Section
5.03.06 of the Land Development Code (LDC) to allow for a total protrusion 48.65-feet in order
to accommodate a new boat dock facility on a parcel zoned Planned Unit Development (PUD).
GE O GRAPHIC L O CATIO N :
The subject site is located at 84 Southport Cove of the Lely Barefoot Beach Residential Planned
Unit Development. The site is further described as Southport On The Bay, Lot 8 Unit 1, in Section
6, Township 48 South, Range 25 East Collier County (see location map on the following page).
PURPO SEIDESCRIPTION OF PROJECT:
The overall purpose of the requested Boat Dock Extension (BDE) is to facilitate the removal of an
existing 223 Sq. Ft. dock in order to construct and replace it with a new 378 Sq. Ft. dock. The
proposed dock will allow for the mooring of two vessels; one, will be 23-feet, the second will be
32-feet and both will be harnessed by two individual boat lifts. In 1996 by way of Resolution 96-
24, the Collier County Planning Commission granted said property a Boat Dock Extension of 14-
feet over the allotted maximum of34-feet.
Currently, there are eight existing boat docks within proximity of the subject property which
BDE-PL201 800 00143 , Witwe r Dock
October 11, 20 18
Page 1 of 8
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 1 of 7
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
APPLICATION AND SUBMITTAL INSTRUCTIONS
LDC Section 5.03.06
Chapter 3 B. of the Administrative Code
The following information is intended to guide the applicant through the application and public
hearing process for a Dock Facility Extension or Boathouse Establishment Petition.
Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application,
the applicant shall attend a pre-application meeting to determine if a dock facility extension or
boathouse establishment is available and to discuss the location, length/protrusion, and
configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be
credited toward application fee upon submittal. If the application is not submitted within 9
months of the pre-application meeting the pre-app fee will be forfeited and will not be credited
toward the application fee.
In order for the application to be processed, all accompanying materials (see attached submittal
checklist) shall be completed and submitted with the application. The application fee for a Dock
Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal
advertising.
After submission of the completed application packet, accompanied with the required fees, the
applicant will receive a response notifying that the petition is being processed. Accompanying
that response will be a receipt for the payment and the tracking number (i.e., BDE-
PL20120000000) assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.
Pursuant to the LDC and the Administrative Code, several public notice requirements shall be
completed within the required time frames. The Planning and Zoning Department will provide,
at the cost of the applicant, legal notification to surrounding property owners within 500 feet of
the subject property and newspaper advertisement (required 15 days prior to the advertised
Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and
will receive a copy of the Staff Report. It is recommended, but not required, that the applicant
or the agent attend the Hearing Examiner hearing.
Please contact the Growth Management Division at 252-2400 for further assistance completing
this application.
Page 19 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 2 of 7
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT INFORMATION
Applicant(s): ___________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
PROPERTY LOCATION
Section/Township/Range: / / Property I.D. Number: __________________
Subdivision: _____________________________________Unit: Lot: Block:
Address/ General Location of Subject Property:
_____________________________________________________________________________
Current Zoning and Land use of Subject Property:
_____________________________________________________________________________
To be completed by staff
Page 20 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 3 of 7
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
SITE INFORMATION
1. Waterway Width:
_______ ft. Measurement from plat survey visual estimate
other (specify)
2. Total Property Water Frontage:
_______ ft.
3. Setbacks:
Provided: _______ ft.
Required: _______ ft.
4. Total Protrusion of Proposed Facility into Water:
_______ ft.
5. Number and Length of Vessels to use Facility:
1. _______ ft.
2. _______ ft.
3. _______ ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
__________________________________________________________________________________
__________________________________________________________________________________
Page 21 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 4 of 7
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? _______ Acres
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? Yes No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1. Whether or not 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 or not 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 show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not 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 or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not 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.)
Page 22 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 5 of 7
SECONDARY CRITERIA
1. Whether or not 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 or not 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 or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
Page 23 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
2/28/2017 Page 6 of 7
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 6
Signed and Sealed Survey
Chart of Site Waterway
Site Plan Illustration with the following:
Lot dimensions;
Required setbacks for the dock facility;
Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
Configuration, location, and dimensions of existing and proposed
facility;
Water depth where proposed dock facility is to be located;
Distance of navigable channel;
Illustration of the contour of the property; and
Illustration of dock facility from both an aerial and side view.
6
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Electronic copy of all required documents
*Please advise: The Office of the Hearing Examiner requires all materials
to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
Please contact the project manager to confirm the number of additional copies required.
Page 24 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
Page 25 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
Witwer Dock Facility Extension
P120180000143
Primary Criteria
1. The upland property is a single-family residential zoned lot that
per the LDC is allowed two boat slips. Proposed dock consists of
2 slips with a lift in each, which is appropriate for a single-family
dwelling. We are requesting a 28.55'-foot extension from the
allowed 2O-foot protrusion.
2. The water depth at the proposed site is too shallow to
moor/launch a vessel at MLT as shown in the bathymetric
survey, cross section, parallel and perpendicular cross section.
3. Proposed dock facility does not intrude into any marked or
charted navigable channel, thus no adverse impact on
navigation is expected. The width of the waterway (at the
shortest distance), MHW to MHW is approximately 185.3+/-feet
and the proposed dock and lifts will protrude 48.55 from
property line/MHW. The proposed dock and lifts have been
designed not to impede navigation and is congruent with the
other existing docks along the shoreline. The width of the
remainder of navigable channe! between the proposed dock and
mangrove across the waterway is over 124'.
4. Proposed dock facility protrudes a total of 48.65 from shoreline,
the overall protrusion is269/o of 185.3'width of waterway at the
shortest point, however, the dock facility maintains more than
50% of the navigable waterwaY.
5. Proposed dock facility location nor design interferes with
neighboring docks as shown in the county appraise/s aerialview
and in fact proposed dock will be consistent with existing docks
along the shoreline in this area. A signed consent letter from the
neighbor has been included for review.
Witwer Dock Facility Extension
PL 20180000143
Secondary Criteria
1. The proposed dock facility has no existing seawall, mature
mangrove growth along the shoreline limits how close a vessel
can approach shore and justifies proposed extension of dock
into deeper water. The existing mangrove opening from dock
being removed will be utilized for new proposed dock facility-no
additional mangroves will be trimmed per this application.
2. Proposed dock facility allows reasonable and safe access to
vessels without excessive deck area as shown in the site plan
survey.
3. Length of vessels are 23 and 32, combined 55'total which is
more than 50% of property's linear waterfront of 58.2'as shown
in site plan survey.
4. Proposed dock facility wil! not have a maior impact on
waterfront view of neighboring property owners and will be
consistent with existing docks along the shoreline as shown in
county appraise/s aeria! view. There is an existing dock at the
site and both immediate neighbors have similar docks.
5. To our knowledge no seagrass beds are located within 200 feet
of proposed dock facility as shown in the results of submerged
resource survey conducted by Jeremy Sterk of Earth Tech
Environmental, LLC and provided for review.
5. Proposed dock facility consists of 2 boat slips with lifts, thus
does not require Manatee Protection Plan as stated in LDC
subsection 5.03.06 E.11 or N/A.
Page 9 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
Page 10 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
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EARTH TECH ENVIRONMENTAL, LLC 1455 RAIL HEAD BOULEVARD STE. 8, NAPLES, FL 34110 www.etenviron.com
MEMORANDUM
DATE: December 13, 2017
TO: Greg Orick Marine Construction
1035 Collier Center Way, Suite 1
Naples, FL 34110
FROM: Jeremy Sterk, CEP
RE: 84 Southport Cove
An ecologist from Earth Tech Environment conducted a Submerged Resource Survey (SRS) at the referenced property
on December 4, 2017. The purpose of the survey was to evaluate the proposed dock construction area for the
presence of important submerged resources such as seagrass or hard bottom. The limits of the area surveyed are
shown on the attached aerial exhibit. The survey was conducted utilizing SCUBA and photographs were taken to
document observations. Visibility during the survey was approximately 1 to 2 feet.
The construction area contains an existing dock. Bottom material was a thick silky\muck with detritus such as leaf
litter. The entire area was subject to heavy siltation and poor visibility. No hard bottom or sea grass was present.
No submerged resources that would preclude dock construction within the survey area were observed.
See attached photographs for site conditions and observations.
Feel free to contact me if you have any questions.
Jeremy Sterk, C.E.P. #16992037
Earth Tech Environmental, LLC.
Page 4 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
Photo 2. Bottom habitat example: muddy\silty substrate
Photo 1. Bottom habitat example: muddy\silty substrate
Page 5 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
Photo 4. Bottom habitat example: muddy\silty substrate
Photo 3. Bottom habitat example: muddy\silty substrate
Page 6 of 29 BDE-PL20180000143; Witwer BDE; 7/26/18
84 Southport Cove
Bonita Springs, FL
Lee County, Florida
SRS Survey
X N/A AS SHOWN
SHEET NO. DATE PROJECT NO. SCALE
E A R T H T E C H E N V I R O N M E N TA L , L L C
E A R T H T E C H E N V I R O N M E N TA L , L L C
1 4 5 5 R A I L H E A D B LV D , S U I T E 8
1 4 5 5 R A I L H E A D B LV D , S U I T E 8
N A P L E S , F L O R I D A 3 4 1 1 0
N A P L E S , F L O R I D A 3 4 1 1 0
P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4
P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4
O
0 100 20050
Feet
Approximate Survey Area
Subject Property
200' offset of Survey Area
G:\ETEnv Documents\PROJECTS\COLLIER\Greg Orick Marine\84 Southport Cove\GIS\Aerial Map.mxd / 11:20:51 AM12/7/17
Note:
2017 Aerial obtained from
Collier County Property Appraiser. Southport CoveNo seagrasses where found within 200 feet of the proposed docking facility.Page 7 of 29BDE-PL20180000143; Witwer BDE; 7/26/18
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Page 28 of 29BDE-PL20180000143; Witwer BDE; 7/26/18
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