Agenda 02/10/2009 Item # 7A
Agenda Item No. 7A
February 10, 2009
Page 1 of 78
EXECUTIVE SUMMARY
CU-2006-AR-I0925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of
Cheffy, Passidomo, Wilson & Johnson, LLP, is requesting a Conditional Use of the
Agricultural (A) Zoning District, with a Special Treatment Overlay (ST), as specified in
Section 2.03.01.A.c.20 of the Collier County Land Development Code (LDC), for a beach
access facility. The approximately 4.32-acre subject property is located at 10111 and 10121
Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County,
Florida
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above-referenced application for a
Conditional Use of the Agricultural (A) Zoning District, with a Special Treatment Overlay (ST),
as provided in Section 2.03.01.A.c,20, Sporting and Recreational Camps, of the Collier County
Land Development Code (LDC) (Ordinance No. 2004-41, as amended) in order to permit a
beach access facility for passive recreational use; and to insure that the community's interests are
maintained.
CONSIDERATIONS:
The petitioner seeks a Conditional Use to permit a passive recreational facility that would
provide private beach access to Keewaydin Island for members and guests of the Club at Naples
Bay Resort, a collection of three properties in the City of Naples, As depicted on the Master Plan
contained in Exhibit C to the Ordinance, the elevated, covered shelter would have an 816 square-
foot footprint and would provide open-air seating for a maximum of 20 people, including staff;
two ADA-accessible restroorns; an educational kiosk providing literature approved by the
Rookery Bay National Estuarine Research Reserve on the preservation 0 f Keewaydin Island; and
an outdoor shower. The site would be accessed by a private boat shuttle that would use an
existing dock on the Rookery Bay Channel, adjoining the eastern boundary of the site. A 24- to
36-inch above-grade elevated boardwalk would provide pedestrian access from the dock to the
shelter and ultimately to the beach on the Gulf of Mexico side of the property.
Due to the delays involved with properly permitting the property's dock through the Department
of Environmental Protection (DEP), this petition was continued by the applicant three times,
which has resulted in a one-year and eight-month time lag between the Collier County Planning
Commission (CCPe) and BZA hearings,
FISCAL IMPACT:
The proposed beach access facility in and of itself, would have no fiscal impact on Collier
County. There is no guarantee that the project, at build-out, would maximize its authorized level
of development; however, if the Conditional Use were approved, a pOliion of the existing land
would be developed and the new development would result in an impact on Collier County
public facilities.
-
The County collects all applicable impact fees before the issuance of building permits to help
offset the impacts of each new development on its public facilities. These impact fees are used to
Page I of 5
CU-2006-AR-I0925
Aaenda Item No.7 A
-February 10, 2009
Page 2 of 78
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fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element
(CIE) needed to maintain adopted Levels of Service (LOS) for public facilities, Additionally, in
order to meet the requirements of Section 10.02.07(C) of the Land Development Code, 50
percent of the estimated Transportation Impact Fees associated with the project are required to be
paid simultaneously with the approval of each final local development order. Other fees collected
before the issuance of a building permit include building permit review fees and other applicable
impact fees.
It should be noted that the inclusion of impact fees and collected taxes are for informational
purposes only, and they are not included in the criteria used by staff and the Planning
Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated Conservation, as
identified on the Future Land Use Map of the Collier County GMP. According to the FLUE, the
overall purpose of this designation is to conserve and maintain the natural resources of the
County and their associated environmental, recreational and economic benefits. Because of these
areas' ecological value and sensitivity to disturbance, all proposals for development in this land
use designation are subject to rigorous review to ensure that their impacts do not destroy or
unacceptably degrade the inherent functional value. In addition to limited residential
development, the Conservation designation permits recreational camps, passive parks, and other
passive recreational uses with the essential services necessary to serve these uses, such as private
~_ wells and septic tanks.
Based upon the above infornlation, staff concludes the proposed Conditional Use may be deemed
consistent with the FLUE,
Conservation and Coastal Management Element (CCME): According to CCME Policy
10.3.12, for areas identified as Coastal Barrier systems, new developments or redevelopments
should be in the form of a Planned Unit Development (PUD), However, staff, in consultation
with the County Attorney's office, has determined that the Conditional Use process would be
more appropriate for this project because the subject site is less than the minimum 10-acre
threshold for PUDs prescribed by the LDC.
Based on the above analysis, staff concludes the proposed Conditional Use may be deemed
consistent with the applicable elements of the GM?
AFFORDABLE HOUSING IMPACT:
Approval of this Conditional Use would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
The Environmental Services Department has reviewed this petition and has found that there are
no environmental issues associated with it.
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ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council heard this petition on May 7, 2007, and unanimously
Page 2 of5
CU-2006-AR-I0925
Agenda Item No. 7A
February 10, 2009
Page 3 of 78
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recommended denial (9-0) based upon the project's impact on Keewaydin Island and the
precedent such an approval might set for future beach facility projects. The Council also
expressed concern regarding the ability of the beach shelter's staff to effeetively enforce the
facility's proposed maximum capacity of 20 users at anyone time (and County Code
Enforcement's and Rookery Bay's ability to monitor this regulation); the negative impact of
multiple private boats, which they belicved would descend on the site; the human impact on the
beaches, dunes and mangroves; litter; and the failure of the project to be "for the greatest benefit
to the people of the County," as mandated by the Special Treatment Overlay district ofthe LDC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard CU-2006-AR-l 0925 on July 19,2007, and voted 6-3 to forward the petition to
the Board of Zoning Appeals (BZA) with a recommendation of denial. The reasons for their
denial were the same as those cited by the EAC, as well as a perceived emergency access issue;
outstanding Department of Environmental Protection (DEP) permitting issues related to the site's
dock; a perception that the proposed use would be incompatible with the existing residential uses
of the island; and the failure of the project to comply with LDC subsection 3,03,07.A., which
prohibits the County from approving a plan of development on an undeveloped coastal barrier
that would exceed the density of one structure per five acres of fast land (i.e. the portion of the
island above the upper limit of tidal wetland vegetation or above the mean high water mark),
except for legal, non-conforming lots of record. (It should be noted that Environmental Service
staff considered this provision and deemed the property a legal, non-conforming lot of record.)
---
As previously noted, this petition was continued by the applicant three times as a result of delays
involved with permitting the property's dock through the DEP, which is the reason for the
extended length of time between the CCPC and BZA hearings.
Staff has not received any letters of objection to the projeet from the community; however, a
letter of objection from the Conservancy of Southwest Florida was distributed to the planning
eommissioners before the CCPC hearing.
LEGAL CONSIDERATIONS:
Before you is a Conditional Use for an 816 square-foot beach access faeility in the Agricultural
Zoning Distriet with a Speeial Treatment Overlay. A Conditional Use is a use that is permitted in
a partieular zoning distriet subjeet to eertain restrietions. Deeisions regarding Conditional Uses
are quasi-judicial, and all testimony given must be under oath. The attaehed report and
recommendations of the Planning Commission required are advisory only and are not binding on
you. The petitioner has the burden of demonstrating that the neeessary requirements have been
met, and you may question the petitioner, or staff, to satisfy yourself that the neeessary eriteria
has been satisfied. In addition to meeting the nceessaJ)' eriteria, you may place sueh eonditions
and safeguards as you deem appropriate to allow the use, provided that there is eompetent,
substantial evidenee that these additional eonditions and safeguards are neeessary to promote the
public health, safety, welfare, morals, order, eomfort, eonvenienee, appearance, or the general
welfare of the neighborhood, As a further condition of approval of the Conditional Use, you may
require that suitable areas for streets, public rights-of-way, schools, parks, and other public
,,-_ facilities be set aside, improved, and/or dedieated for public use, subject to appropriate impact
Page 3 of 5
CU-2006-AR-10925
Agenda Item NO.7 A
February 10. 2009
Page 4 of 78
/_.
fee credits. Approval or denial of the petition is by Resolution, with approval of the Conditional
Use requiring four affirmative votes of the Board. -STW
SUMMARY:
Despite the CCPe's recommendation of denial, it is staffs opinion (as described in the attached
staff report) that this petition is consistent with the GMP and the requirements of the LDC,
subject to the conditions noted below.
RECOMMENDA nON:
Staff recommends that the BZA approve CU-2006-AR-10925, subject to the following
conditions, which have been incorporated into the attached Resolution as Exhibit D:
1. The use is limited to that depicted on the conceptual site plan identified as "The Beach
Shelter at Keewaydin Island" prepared by Dyehouse Comeriato Architect, and dated
December 7, 2006, except as further conditioned below,
2. All proposed improvements shall be designed in accordance with the standards of the
Florida Department of Environmental Protection (FDEP) Division of Beaches and
Shores. An approved FDEP permit shall be obtained, and copies provided, prior to
issuance of a Collier County Site Development Plan.
-,
3. Permanent conservation easements dedicated to the County shall be required over the
0.43-acre area preserve within 90 days of SDP approval or prior to certificate of
occupancy (CO) of the building, whichever comes first.
4. Site Development Plans shall depict a staging area for the construction equipment and the
impacts to the area along with re-planting/re-vegetation plans.
5. If lighting is required for security reasons, only low-level, directional lighting that
complies with sea turtle regulations approved by the Rookery Bay Reserve manager will
be used, subject to further review and approval by County Environmental Services staff.
6. Users of the beach shelter property shall arrive by the applicant's designated boat shuttle
only.
7, No more than 20 people, including at least one resOJ1 staff, shall be on-site at anyone
time.
8. Noise on the property shall not exceed 55 decibels at the boundaries of the property, and
shall otherwise comply with the County's Noise Control Ordinance.
9. The beach shelter shall remain closed between dusk and dawn.
~
10. All food, beverages and trash shall be removed from the beach shelter at dusk, and the
facility's staff shall clean up any litter on the beach up to 100 yards beyond the property
boundaries in both northerly and southerly directions.
Page 4 of5
CU-2006-AR-10925
Agenda Item No. 7A
February 10, 2009
Page 5 of 78
,~
I I. At the time of SDP approval, the applicant shall provide evidence that an Environmental
Resource Pcrmit (pursuant to Part IV, Chapter 373, Florida Statutes) and an authorization
to use State-owned submerged lands for the dock on the subject propeliy have been
approved by the Florida Department of Environmental Protection.
12. Approval of this Conditional Use shall not be construed as approval of the attached
conceptual site plan. The site plan shall be formally reviewed and approved as part of the
Site Development Plan (SDP) process. No Variances from any LDC requirements have
been granted as pati of the acceptance of the subject site plan. If it is detemlined that the
site plan is not in compliatJce with any LDC requiremcnts, the site plan must be brought
into compliance prior to the issuance of any SDP approval.
13. The Department of Zoning and Land Development Review Director may approve minor
changes in the location, site layout or height of buildings, structures, and improvements
authorized by this Conditional Use. Expansion of the uses identified and approved within
this Conditional Use application, or major changes to the site plan submitted as part of
the application, shall require the submittal of a new Conditional Use application, and
shall comply with all applicable County Ordinances in effect at the time of submittal,
including section 1O.02.03B.3. of the Collier County Land Development Code.
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14. The Conditional Use shall be required to go before the Board of Zoning Appeals (BZA)
for review every three years from the issuance of the CO, unless during any such three-
year term there have been (I,) no violations of any of these Conditions, and (2.) no
findings by any court or tribunal (including the Collier County Code Enforcement Board
or Special Magistrate) of any Collier County Code violation arising from the subject
parcels. If such violations have occurred, and a hearing before the BZA is triggered, the
BZA shall review the violation(s) and determine what revisions to these conditions may
be warranted, if any; or whether to revoke the Conditional Use should a record of
persistent or significant violations exist. Such a hearing will be conducted by the BZA in
the same general manner set forth in LDC Section 10.08.00, except that the matter will go
directly to the BZA and will not be reviewed by the Planning Commission.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning and Land Development Review
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Page 5 of 5
CU-2006-AR-10925
Item Number:
Item Summary:
Meeting Date:
Page] of2
Agenda Item No. 7A
February 10, 2009
Page 6 of 78
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. CU.2006-AR.1 0925, Basil Street Partners, LLC, represented by Clay
Brooker, Esq., of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a Conditional Use
(CU) for a passive recreational use in the Agricultural (A) zoning district. as specified in
Section 2,04.03 of the Collier County Land Development Code (LOC). The subject property,
consisting of 432 acres, is located at 10111 and 10121 Keewaydin Island, in Section 14,
Township 51 South, Range 25 East. Collier County, Florida. CTS
2/10/2009 9:0000 AM
Prepared By
John-David Moss
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development
9/22/20089:30:23 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
1/8/20092:04 PM
Appro".cd By
Steven Williams
Attorney's Office
Assistant County Attorney
Attorney's Office
Date
1/9/200910:18 AM
Appmved Dy
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
1/9/20092:40 PM
Apprm:ed By
Susan Istenes, AIC?
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
1/13/20098:47 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
1/20/20092:41 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/20/20097:55 PM
OMB Coordinator
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1/28/200910:33 AM
Approved By
Mark Isackson
Budget Analyst
Date
file://C:\Agenda TestlExportl ] 23-F ebruary%20 1 0,%202009107. %20BOARD%200F%20Z0...
2/4/2009
Page 2 of2
Agenda Item No. 7A
February 10, 2009
Page 7 of 78
County Manager's Office
Office of Management & Budget
1/29/20092:50 PM
Appro\'ed By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/30/200912:06 PM
file://C:IAgendaTestIExportl 123-February%20 1 0,%202009107.%20BOARD%200F%20Z0... 2/4/2009
Agenda Item No. 7A
February 10, 2009
Page 8 of 78
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONfNG & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLOlliDA 34104
(239) 403-2400 FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR:
CONDITIONAL USE
PETiTION NO (AR)
PROJcCi NAME
PROJECT NUMBIER
DAiE PROCESSED
ASSIGNED PLANNER
To be completed l~y sJaJJ
ABOVE TO BE COI~PLETEO 8Y STAFF
APPLICANT INFORMATION
NAME OF APPLlCANT(S): BASIL STREET PARTNERS, LLC
ADDRESS: 365 FIFTH AVENUE 50UTH, SUITE 201, NAPLES, FLORIDA 34102
TELEPHONE # (239) 434-0600 cm # FAX # (239) 434-6656
E-MAIL ADDRESS:
NAME OF AGENT: CLAY BROOICER, ESQ.
FIRM: CHEFFY, PASSIDOMO, WILSON & JOHNSON, llP
ADDRESS: 821 FIFTH AVENUE SOUTH, SUITE 201, NAPLES, FLORIDA 34102
TELEPHONE # (239) 261-9300 CELL # FAX # 12391 261-97B2
E-MAil ADDRESS:CCBROOKER@NAI.I.ESI.AW.COM
, .. ]
' BE AWARE THAT COLLIER COUI>lTY HAS LOBBYIST REGULATIONS. GUIDE YOURSelF
ACCORDINGL Y AND ENSURE THAT YOU ~ COMPlIANCi: ViflTl1 THESE REGULATIONS. .
APPLICATION fOR PUt3LlC HEARING FOR CONDITIONAL USE - 4/14/03, reI' 5/'10/2005
Agenda Item No. 7 A
February 10, 2009
Page 9 of 78
ASSOCIA nONS
1
Complete the following fo, "II Associ"ilon(s) "ffili"ted with this petition, Provide "cldition"l sheels
i. rlecessa,y.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
NAMe OF MASTER ASSOCIATION:
MAILrI~G ADDR ESS
CiTY
STATE
ZIP
i'lAMe OF CIVIC ASSOCIATION,
MAILING ADDRESS
CITY
STATE
ZIP
DISCLOSURE OF iNTEREST INFORMATION
a. If Ihe flropei'ly is owned fee simple by "n INDIVIDUAL, le\1C\Ocy by the entirety,
~enCirtcy in commOI1, or ioint fenancy, list 01\ parUes vv'fth an ownership intel'est as
wet I o:s ,he percentage of 5uch inlerest, (Use additional sheel's if necessary),
Name and Address
Percecnto.ge of Ownership
APP/.ICATlON FOR PUBLIC HEARING fOR CONDITIONAl USE - 4/1AjD3, rev 5/20/200.5
Agenda Item No. 7A
February 10, 2009
Page 10 of 78
b. IF the property is owned by " CORPORATllON, list the officers and slockholc:!",. ,,",,I
the percentage of stock owcoed by "oeh.
Name and Address
PercentOlge of Ownerl:>nip
,. if the p,operty is in the name of 0 TRUSTEE, [isllhe beneficiaries of the trust with the
pe'eel1fClge of interest.
Nome and Address
Per'Ce-l"lh::age of Owners hip
d. If {'he prope,.ty is in Hoe nome of 0 GEN.RAL or LlMITm PARTNERSHiP, list Ihe name of
I-he general Clnd/or limite" partners.
Nome and Address
I'err.::enfcrge of Ownership
Naples Boy Resort Holdings, LtC
100%
(Individuals who ull"imately own or control the legal entities involved in I~oples Bay Resort
Holdings, LLC, indude Jack Antaromian, F. Fred Pezeshkon, AI', Ebrahlmi, 11"01 J, Zand and
Raymond Sehoyek.)
APPUCATJON FOR PUBLIC HEARING FOR CONDITIONAL USf _ 4/14/03, rev 5/20/2005
Agenda Item No, 7 A
February 10, 2009
Page 110178
e. If there is a CONTRACT FOR PURCHASE, with an inclividu>al or individ"als, "
Corpor"lion, Trustee, or a Partnership, list the ....ames of the contract p"rchasers below,
including the officers, stockholders, beneficiaries, o~ partners.
Name and Address
Percentage of Owtlership
Dc;te of Cont,,,d:
f, If etny contil1sency clause or controct terms involve "definonal pa,Nes, list all
individuals or officers, if Ci corpo,,,tion, pCirtne,ship, or trust.
f\!o:rne and Address
g,
Dale subiecl prof'el'ly aC'luit'ed:
Sepl'ember 2003
if, l'etHioner has "pfion to buy, indicate (,he following:
Date of "pl"ion:
Dale option tenni"ales:
t\n1idl)o;ted closing date
r 0.'
h. Should any changes of ownership or changes in cOllfracfs for IJVn:hase OCCU1'
subsequent to the date of ol>plicafion, but prior to \'he elate of the \'inal public hearing,
it is I'he responsibility of fhe applicanl, "r agent on his l:>el1o:lf, to submit
cr supplemental disclosure of interest form,
APPLICATION FOR PUB.LlC HEARING FOR CONDfTlONAl USE - 4/1 4/03, rev 5/20/'2005
Agenda Item No_ 7 A
February 10, 2009
Page 12 of 78
PROPERTY LOCATION
Delailed lalla I clescrit>lion of the DrOl>erlv cov",ed bv the ol>t>l1calion: (If space is in"cl~quat., attach
on s.parale pag.,) If request involve, chCinge to mo,.lhCin one zoning eli,lr;ct, incluele separate leg"(
description for p'e>perly involved in each elistrict. Appllc"nf sh"lI submit four (4) copies of" recent survey
(completed within the las' six months, maximum 1 ~ to 400' scale) if required 10 do so al the pre-application
mee~in-g.
NOTE: The applicant Is respon,ible for ,upplying the correct legal de,criplion. If questions arl,. concerning
the legal descrlpi'lCl-n, an engineer~s certification or sealad s.urvey may be required.
Section/Township /Rang.
14 I 51 S I 25 E
tot:
Plat Boo k
Block:
Page #:
Subdivision:
Prope,ty 1,0.#: 00720120008 & 00720160000
Metes & Bounds Description: See Attached exhibit A
SIZE OF PROPERTY: 178.5 fl. x 1055 ft. = Total Sq. Fl. 188.317.5 Acres ~
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 10111 AND 10121 KEEWA VDfN ISLAND (SEE
A TT ACHED IDCHIBIT B - GENERAL LoeA nON MAp)
ADJACENT ZONING AND LAND USE
Zoning
N A.ST
5 Jl..S'i'
" A-ST
IN N/A
land use
Con servationjUnimproved
Conservati 0 n/Uni mproved
Conservation (lnfen:oo.stal Waterway)
Gulf 01 MexicO'
!loes H,e oW"er of "he subject l"operly own prope,ty conf'iguous to the subject properi'l'? if '0,
give complete lega' description of entire contiguous prope'ly. (if space i, i""de'luO:j'e, "ltO'ch 0'''
separol-e j>age),
$.ectiol,jT ow nshi p/Ro I1ge
I
/
Lot:
Block:
Subclivislon:
Plat Book
Page #:
Properly 1.1),#:
lVletes lit Bounds Descdpl'1on:
APPLICATION FOR PUBliC HEAf1JNG FOR CONDITJONAL USE - .4/) 4/03, r~'" 5/20/2005
Agenda Item NO.7 A
February 10, 2009
Page 13 0178
L
CONcmONAL USE REQUEST DETAIL
J
Type of Conditio....al Use: This applicotion is requesting a conditlonol use allowed per LDC Section
2,04.03 of the Rural Actrlcult...rcs; (A) zoning district for a passive ,ecreationa; one! educatio"al
ladlitv (beach shelter),
Prase...t Use 01 the P,operty: Unimp,oved (wilh the exce"r-ion of an op"rolfad dock am! bo,mlwctlk)
EVALUATION CRITERIA
evaluation Criled"n Provide a narralive stotement describing this request for conditionol use.
See Attached hhibll C - N a ",sr-i ve Stalemel'l'
NOTE: Pursuant to Section 10,08.00. of the Collier County Land Development Code, stoff's
recommendation to tne Planning Commission and tne Planning Commission's recommendation to the
Boord of Zoning Appeals sholl be based upon a finding that the granting of the conditionol use will not
adversely affect the public interest and that the specific requirements governing the individuol
conditional use, If any, hove been met, cnd that further, sCltisfactory provision and arrangement have
been mode concerning the foliowing matters, where applicable. Please provide delailec! 'esponse to
each 01 the criterion listed below. Specify how and why the request is consislenl with eacn. (AttCllCI1
odc!itional pOIses as :t1"Y be necess"ry).
a, Describe how the project Is consistent with the Collier County Land Development Code and Growth
Monagement Plan (Include information on how the request is consistent with the opplicable section
or portions of the future land use element):
See Attached Exhibil I)
b. ,Describe the existing or planned means of ingress and egress to the property ond proposed
structure thereon with particutar reference to automotive and pedestrian safety and convenience,
traffic flow and control I and access in CO$e of fire or catastrophe:
Access 1'0 the Oi'ooel'lV will be bv C[Ub-ovlfl1ed vessel on[\1. Club members o.t'\d.~he'r Quests wW
1'10t be t)el'lnitted f'o arrive at {'he pl"O~I'1'V bv priva\e vessel. AI'" approved clock 8xis1s on H'i'e
east side of l'he properlv, provldinq moori"a fOI' I'he Club.owned vessel, Afte, ,,,,,ivai by Club-
owned vessel, an elevoted boardwalk wil; ".."vide pedestrian access to Ine prQ.f,!osed beach
sheltel'.
c. Describe the effect the cond111onal use will have on neighbol'ing properties in relation to noisef
glare! economic impdct and odor:
The neiahborina DrOl)el'ties to i'he north and souih are unimproved and QI'l~ owned ellld
maint"lned by the Slate and Federal Qovernmenls. The r>roposed proiect will have no efFect 0.11
fhese [)rogertil3s.
APPLICATION FOR PUBLIC HEARfNG FOR CONDfTlONAl USE - 4/14/03, re'l 5/20/1005
Agenda Item No. 7A
February 10, 2009
Page 14 ot 78
d, Describe the sIte's and the proposed use's compatIbility with adjocent properties and other
propertie, In the district:
Tne adiClcel'lt ",rooertles clIre unimproved. Other "rooerties and lots on Keew"'ydll'l Isl",...d are
develooed wiln beClch snellers and s,mlle family homes, The dosest, exis~inCl s!rt.lcture to Ih..
subieet sile is approximatel" 1.000 fee! 10 Ih.. soulh.
e. Please provide any additional information which you may feel is relevant to thl, request,
Tne pefiEioner "<IS worked exh"usfivelv with Ine SIelle of Florida DEi> / Rookery !!lal' I\\ational
ES!"el,l"e Research Reserve 10 develop <>1'1 Ooerellions Manual to ensure that I!>e orolect is
compatible w;lh the sensitive envirol'lr)'\enl of Keewavdin Island and the man"aecl conserval'ion
areas adiacenlto ![,e subiect s.le. A cc>..v of the Ope'''tions Manual (which is an exhibit to a
Decla,ation of Covenants, Conditions and Resl,icl'ions. anel Cll'l Aareement wilh Ihe DE") is
alfached as Exhibit E. The DEP I Rooke,,, Bay National Eshlarine Research Reserve SUI>l>orts
this oeti!lo".
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, mony
communities haye adoptee! such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertoin whether or not the
request Is affected by exi'tlng deed restrictions,
Previous rand use peHtions on the subi.,\' e>roperl'v: To your knowledge, has a public heol'ing been
held on this property within the last year? If so, whot was the nature of that hearing?
Yes. In co"neclion with the previous conditional use application filed for this proiect IAR 71B1),
public hearings were held before the EAC (2/1/06) and the cepe {7/20/06).
Additional Submittal reattil'ements: In addition to this completed application, tbe following must be
submitted in order for your application to be deemed sufficient, unless otherwise waived during the
preapplication meeting,
a. A copy of the pre-application meetlr1g notes;
b. Twenty (20) copies of 0 24" x 36" conceptual site pion [and one reduced 8V," x 11" copy of sBe
plan], drawn to a ma,.;mum scale of 1 inch equals 400 feet, depicting the following [Additional
copies of the plan may be requested upon completion of ,taff evoluation for distribution to the
Boa,'d and various advisory boards such as the Environmentol Advisory Board IEAB), or CCPC];
· all existing ond proposed structures and the dimensions thereof,
. provisions for exIsting and/or proposed ingl'ess ond egress (including pedestrian ingress
and egress to the site and the structurels) on site),
A.PPLlCATlON fOR PUIWC HEARING FOR CONDITIONAL USE -.4}14/03, rev 5/20/2005
Agenda Ilem No. 7A
February 10, 2009
Page 15 0178
. all existing and/or proposed parking and Iooding areas [include malrix indicating
required ond provided parking and ioading, including required porking for the
disabled),
II locations of solid waste (refuse) containers and service function areasf
(I required yords, open space and preserve oreos1
. proposed locations for uliliHes (as well as location of existing utility services to the site),
. proposed and/or existing landscaping ond buffering os may be required by the
County,
. location of all signs and lightillg including a norralive statement as to the type,
character, alld dimensions (such os height, area, elc.);
C, An Environmental Impact Stotement (EIS), as required by Section 3.8. of the Land Developmellt
Code (LDC).
d. Whether or not all EIS is required, two copies of a recent aerial photograph, (taken within the
previous twelve months), minimum scale of one inch equals 400 feet, sholl be submitted. Sold aerial
sholl identify piant and/or wildlife hobitats and their boundaries. Such identification sholl be
consistent with Fiorida Department of Transportation Lond Use Cover and Forms Classification
System.
e. Stotement of utility provisions (with all required aHachments and sketches);
f. A Traffic Impact Statement (TIS), unless woived ot the pre-application meeting;
g. A historical and archeologicol surveyor waiver application if property is locoled within on area of
historical or archaeological probability (as Identified at pre-applicotion meeHng);
h. The petitioner must 10 rovide a
submittal of the opplicaHon,
at:
letter of no objection from the United States Postal Service prior to
Please contact Robert M, Skebe, Growth Management Coordinator
U.S, Postal Service
1200 Goodlett. Road
I~aples, Flol'ida 34102-9998
Phone(239)~35.2122;Fox(239)~35-2160
i. Any odditional requirell1ents as may be applicable to specific conditional uses ond identified
during the pre-application meeting, including but n01 limited to any ,'equired state or federal
permits,
=._~. -.
BE ADVISED THAT SECTION 10,03.05.8,3 Or- THi: LAND DEVELOPMENT CODE REQUiRES AN APPLICANT
TO REMOVE THEIR PU8LIC HEARING SIGN (5) MTER FINAL ACTION IS TAKEN BY THE BOARD OF
COUNTY COMMISSiONERS, BASi:D ON THE BOARD'S 1:i1ML ACTION ON THIS ITi:M, PLEASE REMOVE ALL
PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIArELY.
---.
--- ---
--~-
-"'~~. ~-~...,
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rel' 5/20/2005
Agenda Item No. 7A
February 10, 2009
Page 16 of 78
(i)
STATEMENT OF UTILITY PROVISlONS
FOR CONDtnONAL USE REQUESr
APPLICANT INFORMATION
NAME OF APPLICANT(S): BASIL STREET PARTNERS, LLC
ADDRESS: 365 FIFTH AVENUE SOUTH, SUITE 201, i'lAi>LES, FLORIDA 34102
TelEPHONE # (239) 434-0600 CELL # FAX # (239) 434-6656
E-MAiL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 10111 ~nd 10121 Keew~ydin Island
LEGAL DESCRIPTION
]
SecHo njT ownship /Range
14 j 51 S I 25 E
Lo!:
Plat Book
Block:
Page #:
Subdivision:
Properl'y !,O.#: 00720120008 a<ld 00720160000
Met.s & Bounds Description, See Ai'tacned Exhibit A
L. l'VPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check crpplicOIb./s sysfem):
a. COUNTY UTIl.l'ry SYSTEM 0
b. CiTY Umrl'V SYSTEM 0
c. FRAl'lCH'SED UTILITY SYS'fEIV\ 0
PROVIDE NAME
d. I'ACKAGE TREATMENT PLANT 0
(GPD ecrpc>clty)_
e. SEPrlC SYSTEM ~
TVPE OF WATER SERVICE TO BE PROVrDED
a. COUNTY UnLlTY SYSTEM 0
b. CiTY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SVSTEM 0
PROVIDE NAME
d, PRIVATE SYSTEM (WELL) I2SJ
APPLiCATION FOR PUBLIC IiEARING FOR CONDITIONAL USE'..4tr 4/03, rfY 5/20(2005
Agenda Item NO.7 A
February 10, 2009
Page 17 of 78
TOTAL POPULATION TO BE SERVED: 20
PEAK AND AVERAGE DAIL Y DEMANDS:
A. WATER.PEAK 2.50,md
S. SEWER.PEAK 500 Clpd
AVERAGE DAILY
AVERAGE DAllY
1.50gpd
200 Clcd
r. PROPOSiNG YO BE CONNECTED TO COLLIER COUNTY REGIONAL WATr:R SYSfEM, PLEASe
PROVnDE TKE DArIE SERvnCE IS E)(PECTED TO BE REQUfRED
NARRATIVE: STATEMENT: Provide a brief and concise narrative statement and schematic drawing of
sewoge treatment process to be used as well as a specific statement regarding the method of affluent
and sludge disposal. If percolation ponds are to be used, then percolation data and soli involved sholl
be provided from tests prepared and certified by a professional engineer,
See Attaohed e"hibil F
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services
boundories of Collier County's utility service system, written notarized stotement sholl be provided
agreeing to dedicate to Collier County Utilities the water distribution ond sewage collection facilities
wahln the project area upon completion of the construction of these facilities in accordance with all
opplicable County ordinances in effect at the at time. This statement shall also include an agreement
that the applicable system development charges and connection fees will be paid to the County Utilities
Division prior to the issuance of building permits by the County. If applicable, the statement shall contoin
shall contoln an agreement to dedicate the appropriate utility easements for serving the water and
sewer sys-tems.
STATEMEI-.JT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise
provided for at the pre.application meeting, if the project is to receive sewer or I)otable woter services
horn any provider otl,el' than the County, a statement from that provider indicating thot there is
odequate capacity to serve the proiect shall be provided.
APPUCATION FOR PUBLIC HEARJNG fOR CONomONAl USf - 4/14/03. re~ ~/20/2005
Agenda Item No, 7A
February 10, 2009
Page 18 of 78
(i)
AFF!DA'\fCT
We/I, Jack Antaramian being first duly sworn, depose and say that we/I am/are the owners of the
property described herein and which is ,he sub;ect matter of the proposed hearing; that all the answers to
the quesfjons in this application, including the disclosure of inlerest information, al/ sketches, data, ane!
othar supplementary matter attached to and made a purt of this application, ore honest and true to the
best of our knowledge and belief. We/I understand that the information requested on this applicatir:m must
be complete and accurate and that the con lent of this form, whether computer generated or County printed
sholl not be altered, Public hearings will not be advertised until this application is deemed complete, and all
required information has been submitted,
As property owner We/I further authorize Clav Brooker, Esq. '0 oct os our/my representative in any
matters regar ing this Petition,
Signature of Property Owner
Jock Anfaramian
Typed or Printed Name of Owner
Tvped or Printed Nome of Owner
The foregoing ins!'rument was acknowledged before me 1I,;s r dol' of [).i$';("";""'~ 20tlb, by
Jack Anfaromicm who is personally known to_me or has produced as
iden tificotion.
Sfal-e of Florida
County of Collier
0&'---
(Slg loture of Nofa!"y Public. Sf'ote of
Florida)
~ .~ ~
PE11:A S, CAAADU f)'-
MY COMMrSSIDr~, Oil 46553Q
"'~~~; Au9USIE7, ED'"
CIb~Pw~~Ufld6nw11111i
~h-((~
(Pint, Type, or Stomp Commissioned
Name of Notary Public)
APPUCAT/ON FOR PUBUC HEI,RING FOR CONOITIONAt USE - 4/14/03, rev 5/20/2005
Agenda Item NO.7 A
February 10. 2009
Page 19 of 78
KEEWAYDIN ISLAND NAPLES BAY RESORT BEACH SHELTER
Condttional Use Appiication
Exhibit A
Legal Descript~on
The North 89.3 feet of Government Lot 2, Section 14, Towllship 51 South, Range
25 East, Collier County, Florpda (measured at a 90 degree angle to the north line
of said Government Lot 2, said north line also being the common line separating
Sections 11 and 14, Township 51 South, Range 25 East, Collier County, F!orida).
Also
The South 89.3 feet of the North 178,6 feet or Government Lot 2, Section 14,
Township 51 South, Range 25 East, Comer County, Florida (measured at a 90
degree angle to the north line of said Government Lot 2, said north line also being
the common line separating Sections 11 and 14, Township 51 South, Range 25
East, Col~ier County, Florida).
Agenda Item NO.7 A
February 10. 2009
Page 20 of 78
.~
KEEWAYDIN tSLAND NAPLES BAY RESORT BEACH SHELTER
Conditional Use Application
Exhib1t B
General Location Map
(See Next Page)
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Agenda Item No. 7A
February 10, 2009
Page 22 of 78
KEEWAYDIN iSLAND NAPLES BAY RESORT BEACH SHELTER
Conditional Use Application
Exhibit C
Narrative DesciipUon of Request for Condrt~o'nal Use
The proposal is a passive recreational and educational beach shelter to be constructed
on two lots (4.32 acres) on Keewaydin Island, The shelter, which will include an
elevated, screened and covered pavilion with restrooms, will serve as an amenity to,
and provide beach access for, members (and their guests) of the Club at Naples Bay
Resort. Access to the property will be by Club-owned vessel only (via the Intercoastal
Waterway on the east) from the Naples Bay Resort marina. An approved dock exists
on the east side of the property, providing mooring for the Club-owned vessel. After
arrival at the dock, an elevated boardwalk will provide pedestrian access to the
proposed shelter and out to the beach,
The proposed shelter, which will have a total footprint area of approximately 816 square
feet, is located as far "landward" (east) as possible without impacting the mangrove
community on the eastern side of the property. This location is designed to avoid
interference with the dune area adjacent to the Gulf of Mexico and the natural function
of the Keewaydin Coastal Barrier Island System, while respecting the mangrove
community to the east. Native vegetation will be preserved and/or restored outside of
the development construction area. More than 95% of the native vegetation on site will
be preserved, In addition, a conservation easement will be placed on all lands outside
the shelter footprint, the cistern, the drain field, the boardwalk and the beach. Nearly
90% of the property will be placed under conservation easement.
The petitioner has worked exhaustively with the State of Florida DEP / Rookery Bay
National Estuarine Research Reserve to develop an Operations Manual to ensure that
the project is compatible with the sensitive environment of I<eewaydin Island and the
managed conservation areas adjacent to the subject site, A copy of the Operations
Manual (which is an exllibit to a Declaration of Covenants, Conditions and Restrictions,
and an Agreement with the DEP) is attached to the Conditional Use application as
Exhibit E. By way of example, these documents limit the number of visitors to the
property to 20 at any given time. The shelter will be available for use from dawn to dusk
and will be unlocked/opened only when Club members (and their guests) are
transported to the property via Club-owned vessel. At all other times (including
nighttime), the shelter will be closed and locked, The petitioner has agreed to never
request an expansion of the shelter footprint, except to comply with local, state or
federal law. Finally, special events are prohibited. Please see Exhibit E for more
details,
The DEP /I'<.ookery Bay l\lational Estuarine Research Reserve supports this petition.
Agenda Item NO.7 A
February 10. 2009
Page 23 of 78
KEEWAYDIN [SLAND NAPLES BAY RESORT BEACH SHELTER
Conditiol'lat Use AppHcation
Exhibit [) -- ConsrsteUlcy with GMP and LDC
Growth Manaoement Plan
The proposal is consistent with the County's Growth Management Plan,
Pursuant to the Future Land Use Map, the subject property is designated
"Conservation." As stated in the Future Land Use Element, this designation
accommodates "limited residential development and future non-residential uses" and
specifically authorizes a number of permitted uses, including recreational camps,
conservation uses, passive parks, other passive recreational uses, and the essential
services necessary to serve these permitted uses (e,g., septic tanks),
Consistency with the objectives and policies of the Conservation and Coastal
Management Element is fully addressed in the Environmental Impact Statement
submitted with this Conditional Use application.
Land Development Code
The proposal will comply with all applicable provisions of the LDC.
The property is zoned Agriculture with a "Special Treatment" overlay. The Agriculture
zoning district permits recreational facilities as a conditional use, lDC section 2.04.03,
Table 2 (old LOC section 2.2.2,3.23 -- "cultural, educational, Dr recreational facilities and
their I'elated modes of transporting participants, viewers or patrons where
applicable...."). The ST overlay district permits conditional uses of the underlying zoning
district. LDC section 2.04.03, Table 2, fn1. The petitioner will cOlllply with all
procedural requirements related to conditional use approval and the ST overlay district.
LDC section 3.03.07(D) designates I<eewaydin Island as an "undeveloped coastal
barrier." Accordingly, filling and excavation are generally prohibited, as well as
construction of bridges, causeways, paved roads, cOlllmerciallllarinas and shore
hardening structures. LDC sections 3,03.07(B) and (C), The proposal is consistent with
these provisions,
The proposed passive recreational beach shelter has been located landward of the
Coastal Construction Setback Line, Therefore, no variance pursuant to LDC section
9,04,06 is required. Likewise, no CCSL variance will be required for the dune walkover
due to compliance with the criteria of lDC section 10,02.06(H)(1),
Agenda Item NO.7 A
February 10, 2009
Page 24 of 78
KEEWAYDIN iSLAND NAPLES BAY RESORT' BEACH SHELTER
Conditional Use Application
ElChibit F - Narrative Description of Wastewater System
Sewage shall be treated by an onsite aerobic wastewater system which
introduces air into the wastewater, The oxygen, which is dissolved in the water,
provides an environment conducive to the growth of aerobic bacteria, which
consume the organic materials,
Wastewater Calculations
Occupancy:
20 Persons
Minimum Case Scenario:
Park-Bathhouse & Shower -- 10 GPO Avg Daily Flow (FAC. 64E-6)
10 GPD per Person 10 GPD x 20 Persons = 200 GPD
Average Hourly Flow = 200/24 = 8.3 GPH
Peak Hourly Flow = 8.3 GPH x 3 = 25 GPH
Max. Probable Wastewater = 25 GPH x 12 Hrs (Dawn to Dusk) = 300 GPD
Maximum Case Scenario:
Country Club -- 25 GPO Avg Daily Flow (FAC. 64E"6)
25 GPD per Person 25 GPD x 20 Persons = 500 GPD
Average Hourly Flow = 500/24 = 20.83 GPH
Peak Hourly Flow = 20.83 GPH x 3 = 62.5 GPH
Max, Probabie Wastewater = 62.5 GPH x 12 Hrs (Dawn to Dusk) = .,50 GPD
Wash,water Treatment System (utilizing maximum case scenario)
Aerobic Nayadic M-6A with 300 Gallon Pre-Treatment Tank
I~ayadic System Designed For 500 GPD Aerobic Treatment
Drain Field Calculations: 500/.9 = 556 Sq. Ft. Minimum Area
Reduction Allowed For Aerobic System (25%): 556 - (556 x 0.25) = 417 Sq, Ft.
Drainfieid To Be Designed with 24 EQ-24 Chambers
Rated at 17.85 Sq, Ft per Chamber = 428 Sq. Ft.
Actual DraIn Field Area = 11' J: 33' 8" = 370 Sq. Ft. SUlface Area
The system sl1all be Inspected every tl1ree months, Pumping and filter cleaning shall be
preformed on an annual basis by a licensed septic system disposai service.
Agenda Item NO.7 A
February 10, 2009
Page 25 of 78
CLEANOUT
"'GCl::56 COVER WITH """-1.
4" ABOVE. SODDED l3r..oUt~D
5DDDE.:D
-11""''''''""''
't \ L..I:=~Q_ 24 II>JFlLT ~ CHAMBERS
OUmT L 4" \VATER TIGHT d
INVERT HE.AOER PIPE. ~
w
~
BOTTOM OF D'IV,\IifIELD lU
~
~
m
"
m
", NATUR.AL GP..OUI>lD
500 GAL
PRE-TREAtMENT
END LOOP PIPE
SEPflC SYSTEI-.1 CROSS 5ECflON
I~OT TO 5CA(.~
I.lIflIlulnlIJIL\111IallJlll\11l11JIllI111^IIUlJlolul/l.\11l i.\llJlnllll^I,\lnllJli.\I/l.\IUJII~I^IIl.\IM"lu/lbl^II.\11J1o
EO 24 CHAlvIBER5
_11...
15"
15"
.
::.6" TRENCH
24"
5EPARA11014
G"
:76"TRE'NCH
24"
5f-PARATlON
-
36"TRENCH
TYPICAL EQ-24 fNFfLrRATOR TRENCH LAYOUT
NOT TO SCALE
KEEWAYD!I\J BEACH SHELTER
WP,STEWATER SYSTEM
[
KUHLMAN ENGINEERING, iNC.
6017 PINE RIDGE ROAD, PlVLB 249
TE1.EPHONE (239) 774-5894
Agenda Item No. 7A
February 10, 2009
Page 26 of 78
CONDITIONAL USE
(CU) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER USTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
STANDARD REQUIREMENTS:
Cover letter briefly explaining the project 2.0 ,/
Application (completed & signed) {download from website for 2.0 ,/
current form\
* Additional set if located in the Bayshore/Gateway
Triangle 1 ,/
Redevelopment Areal
Addressing Checklist siqned by Addressing 1 ...-
Pre-Application meeting notes 2.0 ./
Conceptual Site Plan 24" X 36" plus (one 8 11, X 11 copy) 20 v'
Copies of Warranty Deed(s) 2 ,/
Completed Owner/Agent Affidavits, Notarized 1 v
Environmental Impact Statement (EIS), and digital/electronic ,,/
copy of EIS or exemption justification 4
-
Aerial Photographs (taken within the previous 12 months) 5 ,/
Statement of utility provisions (with all required attachments 8, v
sketches) 1
Traffic Impact Statement (TIS), or waivar 7 ./
Historical and Archeological Survey, or waiver 4 .,/
Copies of State and/or Federal Permits v
Architectural Rendering of Proposed Structure(s) 4 ;/
Electronic copy of all documents and plans (CDROM or 1 /"
Diskette) -
Letter of no objection from the United States Postai Service. /
Contact Robert M. Skebe at (239) 435-2122, 1
~...../":,,.........
ppficantlAgent Signature
/C).-/- oc;,
Date
APP~ICAT10N fOR PUDLIC HEARING FOR CONDIT/ONAL USE - 4/1.4/03, rev 5/20/2005
Agenda Item NO.7 A
February 10, 2009
Page 27 of 78
AFFil!)A Vil
We/I, Jock Antaramian being first duly sworn, depose and soy that we/I am/ore the owners of the
properly described herein and which Is Ihe sub;ecf matter of the proposed hearing; that all the answers to
the queslions in this application, including {he disclosure of interest information, all sketches, data, and
other supplemenfary matter at/ached to and made a pori of this application, are honest and true to the
best of our knowledge and belief. We/I understand that the information requested on this application must
be complete and accurate and that the content of this form, whether computer generated or County printed
shall not be altered. Public hearings will not be advertised until this applicofion is deemed complete, and 011
required information has been submilted.
As property owner We/I further authorize Clav Brooker, Esq. to act os our/my representative in any
molters regar ing this Petition.
Signature of Property Owner
Jack Antaram.an
Typed or Printed Nome of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this ~ day of ,;\:/?,V~. 20& by
Jock Antoramian who!:. personally known to me or has produced as
identification.
State of Florida
County of Co/ljer
--
(Sig afure of N%ry Public - Stale of
Florida)
Pm-A S, CARROLL
MY COMMISSION. 00 465630
, EXPIRES: Aug"m 2OII!l
W1:l.::d 1t~ NotaIYF~bJIo ~dOMrltllTll
/1"
(P inl, Type, or Slamp Commissioned
Name of Notary Public)
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/10/2005
AGEND~jjftSMIlMilNo. 7A
February 10, 2009
Page 28 of 78
eo1n:T County
- ---
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 21, 2007
SUBJECT: PETITION CU-2006-AR- 10925, KEEW A YOIN ISLANQ NAPLES BAY
RESORT BEACH SHELTER
PROPERTY OWNER/AGENT:
OWNER: Basil Street Partners, LLC
365 5th Avenue South
Suite 201
Naples, FL 34102
REOUESTED ACTION:
AGENT: Clay Brooker
Cheffy, Passidomo, Wilson & Johnson,LLP
821 5th Avenue South, Suite 201
Naples, FL 34102
The petitioner requests approval of a Conditional Use, as specified in Section 2.04,03 of the
Collier County Land Development Code (LDC), for a 2,925 square-foot passive recreational
facility located in the Agricultural (A) and Special Treatment Overlay (ST) districts.
GEOGRAPHIC LOCATION:
The two subject parcels, totaling 4.32 acres, are located at 10111 and 10121 Keewaydin Island,
in Section 14, Township 51 South, Range 25 East, Collier County, Florida (see location map on
the following page).
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use to permit a passive recreational facility that would
provide private beach access to Keewaydin Island for members and guests of the Club at Naples
Bay Resort, a collection of three properties under development in the City of Naples. As depicted
in the Conceptual Site Plan on the following page, entitled "The Beach Shelter at Keewaydin
Island," prepared by Dyehouse Comeriato Architect, the elevated, covered shelter would have an
CU-2006.AR-10925
Page 1 of 12
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CU-2006-AR-10925
Page 2 0112
Agenda Item NO.7 A
February 10, 2009
Page 31 of 78
8 I 6 square-foot footprint and would provide open-air seating for a maximum of 20 people,
including staff; two restrooms; a kiosk offering educational literature regarding the preservation
of Keewaydin Island's coastal resources, approved by Rookery Bay National Estuarine Research
Reserve (RBNERR); and an outdoor shower, Access from the Naples Bay Resort marina to the
subject site would be via a private boat shuttle to an existing dock on the Rookery Bay Channel
along the eastern boundary of the site, as depicted in the aerial photograph below. An existing
boardwalk from the dock would be extended westward, providing elevated pedestrian access
(24-36 inches above grade) to the shelter and to the beach on the Gulf side of the property.
The beach "pavilion" previously proposed to the Collier County Planning Commission (CU-
2005-AR-7181) on July 20, 2006 provided for a 2,925 square-foot footprint and seating for a
maximum of 56 people. (Additional changes since that proposal, among others described later in
this report, include a prohibition on: the holding of special events, such as weddings and
fundraisers; motorized vehicles for guest services; and the provision of chaise lounges and
umbrellas for guests.)
SURROUNDING LAND USE & ZONING:
North:
East:
South:
West:
Unimproved RBNERR property, zoned Agricultural (A-ST)
Rookery Bay Channel
Unimproved State of Florida property, zoned Agricultural (A-ST)
Gulf of Mexico
~
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SUB.JECT
PROPER
QlU or WElCICO
ZONING MAP
GROWTH MANAGEMENT PLAN fGMP) CONSISTENCY:
The subject property is designated Conservation, as identified on the Future Land Use Map of
the Collier County Growth Management Plan. According to the Future Land Use Element, the
overall purpose of this designation is to conserve and maintain the natural resources of the
County and their associated environmental, recreational and economic benefits. Because of their
GU.2006-AR-10925
Page 3 of 12
Agenda Item No. 7A
February 10,2009
Page 32 of 78
AERIAL PHOTO OF SUBJECT PARCELS
~
.~ \
AERIAL PHOTO OF SITE AND SURROUNDING PROPERTIES
GU-2006-AR-10925
Page 4 of 12
Agenda Item NO.7 A
February 10, 2009
Page 33 of 78
ecological value and sensitivity to disturbance, all proposals for development in this designation
are subject to rigorous review to ensure that the impacts of the development do not destroy or
unacceptably degrade the inherent functional values of these areas (FLUE, 2000). In addition to
limited residential development, the Conservation designation pennits recreational camps,
passive parks, and other passive recreational uses together with the essential services necessary
to serve these permitted uses, such as private wells and septic tanks.
According to the Conservation and Coastal Management Element, Policy 10.3.12, for areas
identified as Coastal Barrier systems, new developments or redevelopments should be in the
form of a Planned Unit Development (PUD). However, staff, in consultation with the County
Attorney's office, has detennined that due to the subject site's being less than 10 acres in size,
the threshold for a PUD per the LDC, the Conditional Use process is the appropriate mechanism
for this project.
Based upon the above information, staff concludes the proposed Conditional Use may be deemed
consistent with the Future Land Use Element.
ANALYSIS:
A Conditional Use is defined in the LDC as, "A use that, due to special circumstances, is not
pennissible in a zoning district, but may be appropriate if controlled as to number, area, location,
or relation to the neighborhood." Per LDC Section 1O.07,02.D, before any Conditional Use can
be recommended for approval to the Board of Zoning Appeals (BZA), the Planning Commission
must make a finding that: 1) approval of the Conditional Use will not adversely affect the public
interest; 2) all specific requirements for the individual Conditional Use have been met by the
petitioner; and 3) satisfactory provisions have been made concerning the following matters,
where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan
(GMP).
As previousjy noted, the proposed passive recreational facility is deemed consistent with the
purpose and intent of the Future Land Use Element of the GMP; and, as conditioned, the
impacts of the development would not destroy or unacceptably degrade the inherent
functional values of the site, as required of land designated as Conservation on the Future
Land Use Map.
Passive recreational facilities are permitted as a Conditional Use in the Agricultural (A)
zoning district of the LDC. Additionally, the property is located within the Special Treatment
Overlay (ST) area which, as defmed in Section 2.03.07,D.l of the LDC, provides for "the
conservation, protection and preservation of ecological and recreational values for the
greatest benefit to the people of the County." Clearing on the site for construction of the
proposed shelter and boardwalk, if approved, would likely be significantly less than if single-
family homes were constructed on the subject parcels as currcntly permitted by right.
Moreover, the proposal insures the protection of the site's inherent ecological value, as over
95 percent of the native vegetation, or 4,12 acres, would be preserved or replaced; and 89
percent, or 3.86 acres of the entire 4,32-acre site, would be placed under a conservation
easement in perpetuity (of this easement area, 0.43 acres would be dedicated to the County to
GU.2006.AR.10925
Page 5 of 12
Agenda Item No. 7 A
February 10, 2009
Page 34 of 78
satisfy the 10 percent requirement of Section 3.05.07.B.I of the LDC; and 3.43 acres would
be dedicated to the Florida Department of Environmental Protection [FDEP]). Similarly,
placing a restrictive covenant on the property-to significantly limit the number of users,
hours of operation, permitted activities, noise, and lighting-----<:ontrols the use and mitigates
its environmental impact, which would not be possible if the parcels were developed with
single-family homes. Finally, the proposed use provides a unique recreational opportunity for
a greater number of County residents than ifthe property were developed with single-family
homes. As such, staff considers the proposal to also be consistent with both the Agricultural
and Special Treatment zoning district requirements of the LDC.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Adequate ingress and egress to the site is provided by a boat dock on the Rookery Bay
Channel on the eastern side of the island. The extension of the existing boardwalk would
provide internal pedestrian access linking both the eastern and western sides of the subject
property with the proposed beach shelter. Emergency services in case of fire or catastrophe
would be provided by the Isles of Capri Fire Control District, who have an estimated
response time to the site of approximately five to six minutes by boat.
3, The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The petitioner has worked with the FDEP through RBNERR, both of whom support the
petition, to create an "Operations Manual" in an attempt to ensure that the project is
compatible with the sensitive ecology of Keewaydin Island. A copy of this Operations
Manual and the Declaration of Covenants, Conditions and Restrictions, including the
Agreement with FDEP and RBNERR, are attached to this report (see Exhibits A and B,
respectively). According to the Agreement, the applicant consents "to strictly abide by the
provisions of the Operations Manual and shall be held responsible for all violations of the
Operations Manual committed by permitted Visitors, in accordance with the terms of [the]
Agreement." It should be noted that the provisions of this private Agreement are not
enforceable by Collier County. As with all covenants and private restrictions, violations with
the prescribed terms are subject to civil action. However, Collier County can enforce the
development conditions recommended by staff, if approved, which have been attached to the
Resolution as Exhibit D and incorporated below under the "Staff Recommendations" portion
of this report.
As outlined in the development conditions, staff recommends that noise on the property shall
not exceed 65 decibels at the boundaries of the property, and will otherwise comply with the
County's Noise Control Ordinance. Users of the facility will only be permitted to arrive to
the site by the applicant's designated shuttle (private boats, jet-skis and other vessels will be
forbidden), and no more than 20 people, including resort staff, will be permitted on-site at
any given time. Although no lighting is being proposed with this applicatjon, if it is
determined to be necessary for security reasons, only low-level, directional lighting that
complies with sea turtle regulations approved by the Rookery Bay Reserve manager will be
installed, subject to review and approval by County Environmental Services staff. All food,
CU.2006-AR-10925
Page 6 of 12
Agenda Item NO.7 A
February 10, 2009
Page 35 of 78
beverages and trash will be removed from the beach shelter on a daily basis, and the facility's
staff will clean up any litter on the beach up to 100 yards beyond the property boundaries in
both northern and southern directions. Further mitigating potential impacts of the proposed
use on neighboring properties is the site's location abutting vacant Agricultural-zoned
properties owned by the State; and the fact that the proposed shelter would be approximately
1000 feet from the nearest neighboring structure. Consequently, the project would have a
minimal effect on neighboring properties in terms of noise, glare, economics or odor.
The Agreement between the applicant and FDEPIRBNERR permits unlimited access to the
property by RBNERR to monitor the site to insure that visitors' activities are in compliance
with the Agreement's provisions. A procedure for documenting, rectifying and disputing
violations, including a minimum fme of $500 and a maximum fine of $1000 for repeat
violations, has also been established. (It should be noted that these fmes are independent of
and in addition to any penalties exacted by County Code Enforcement for violations of
County regulations.) However, according to Provision #11 of the Agreement, if a persistent
record of violations occurs within a prescribed time frame, FDEPIRBNERR may
"recommend that Collier County revoke Basil Street Partners' conditional use permit for the
Property." Unfortunately, if approved, a Conditional Use would run with the land and could
not be revoked by the County, as the LDC provides no mechanism for such a revocation. To
address this issue, staff recommends that approval of the Conditional Use be instead subject
to a sunset provision, whereby the Conditional Use would expire after a period of two (2)
years, at which point the Conditional Use could be reviewed and reevaluated. If ultimately
renewed by the Board of County Commissioners after this two-year period, the Conditional
Use be extended for another five years, with recurring sunsets automatically scheduled every
five years thereafter unless no violations on the site are reported (see development condition
14).
4, Compatibility with adjacent properties and other property in the district.
The Conservation designation of the FLUE, of which the surrounding properties are also
part, is intended for recreational camps, passive parks, and other such passive recreational
uses, in addition to limited residential development. As noted above, the subject property is
bordered by undeveloped property owned by the State, zoned A-ST, and is approximately
1000 feet north of the nearest neighboring structure. The proposed beach shelter would be
further buffered from the surrounding properties by dense on-site vegetation, 95 percent of
which would be native; and almost 90 percent of which would be placed under conservation
easements in perpetuity. Therefore, the proposed use would be compatible with the
surrounding uses and, as conditioned, its impact on adjacent properties and other property in
the district would be negligible.
EAC RECOMMENDATION:
The Environmental Advisory Council heard this petition on May 7, 2007 and unanimously
recommended denial (9-0) based upon concern for the impacts on Keewaydin Island and the
precedent such an approval would set for future beach facility projects. The Council noted
particular concern regarding the ability of the beach shelter's staff to effectively enforce the
facility's proposed maximum capacity of 20 people at anyone time (and the ability of County
Code Enforcement and Rookery Bay to monitor it); the negative impact of private boats, trash
CU-2006-AR.10925
Page 7 of 12
Agenda Item No. 7A
February 10, 2009
Page 36 of 78
and humans on the beach, dunes and mangroves; and failure of the project to be "for the greatest
benefit to the people of the County," per the requirements of the Special Treatment Overlay of
the LDC.
NEIGHBORHOOD INFORMATION MEETING (NIM)
(Synopsis provided by Linda Bedtelyon, Community Planning Coordinator):
The applicant held the required meeting on March 19,2007 at 5;30 p.m. at the Norris Center,
Cambier Park. Twelve persons were in attendance in addition to the applicant's team, County
staff and local media. Mr. Clay Brooker, agent for the applicant, outlined changes to the petition
since the first NIM for the project was held on July 20, 2005. These changes included:
· Preservation of over 90 percent of existing, native vegetation in an area to be covered
with a permanent conservation easement;
· An agreement with the FDEP/Rookery Bay to forbid future expansion;
. No AlC, kitchen, or refrigerator on the site;
· Only one outdoor pedestal shower rather than individual showers in the restrooms;
· Closure of the shelter at dusk, eliminating the need for lighting (unless necessitated for
security reasons);
· Water to be collected by a rainwater cistern, with potable water transported as needed;
. Aerobic septic tank system utilized;
. Construction of the facility outside of turtle nesting season;
· Usage of the facility offered on a first-come, first-served reservation basis with a
maximum of20 persons, including staff, allowed at anyone time;
· Access via a club-owned vessel, with no private vessels to be allowed;
. Shelter to be locked with gates at both ends of the dock from dusk to dawn;
· Alcohol not be permitted beyond the boundaries of the site;
. No pets allowed;
· Garbage to be removed daily, including litter clean up by facility staff, up to 100 yards
beyond the property boundaries in both northern and southern directions along the beach;
. The enforcement of a restrictive covenant by the FDEP, Rookery Bay and Collier
County;
. Discussions under way with Rookery Bay for a full-time ranger to police the site; and
. A 4-foot wide boardwalk with a ramp for handicap access to be provided.
A member of the audience questioned the need for the structure at all, instead suggesting that the
developer use the transport vessel as shelter, and run the shuttle on a pre-determined schedule.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward petition CU-2006-AR-
10925 to the Board of Zoning Appeals with a recommendation of approval, subject to the
following conditions:
J. The use is limited to that depicted on the conceptual site plan identified as "The Beach
Shelter at Keewaydin Island," prepared by Dyehouse Comeriato Architect, and date stamped
December 7, 2006, except as further conditioned below.
CU-2006-AR-10926
Page 8 of 12
Agenda Item NO.7 A
February 10,2009
Page 37 of 78
2. All proposed improvements shall be designed in accordance with the standards of the Florida
Department of Environmental Protection (FDEP) Division of Beaches and Shores and an
approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier
County Site Development Plan,
3. A permanent conservation easement dedicated to the County will be required over the 0.43-
acre area preserve within 90 days of SDP approval or prior to CO of the building, whichever
comes frrst.
4. Site Development Plans shall depict a staging area for the construction equipment and the
impacts to the area along with replanting/re-vegetation plans.
5. If lighting is required for security reasons, only low-level, directional lighting that complies
with sea turtle regulations approved by the Rookery Bay Reserve manager will be used,
subject to review and approval by County Environmental Services staff.
6. Users of the beach shelter property shall arrive by the applicant's designated boat shuttle
only.
7. No more than 20 people, including at least one resort staff, shall be on-site at anyone time.
8. Noise on the property shall not exceed 65 decibels at the boundaries of the property, and
shall otherwise comply with the County's Noise Control Ordinance.
9. The beach shelter shall remain closed between dusk and dawn.
10. All food, beverages and trash shall be removed from the beach shelter at dusk, and facility
staff shall clean up any litter on the beach up to 100 yards beyond the property boundaries in
both northern and southern directions.
11. The Conditional Use shall expire three years from the date of the approval if no development
is commenced; however, Conditional Use extension approval may be sought if such is
allowed by the LDC regulations in effect at that time.
12. Approval of this Conditional Use shall not be construed as approval of the attached
conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site
Development Plan (SDP) process. No variances from any LDC requirements have been
granted as part of the acceptance of the subject site plan. If it is determined that the site plan
is not in compliance with any LDC requirements, the site plan must be brought into
compliance prior to the issuance of any site development plan approval.
13. The Department of Zoning and Land Development Review Director may approve minor
changes in the location, site layout or height of buildings, structures, and improvements
authorized by this Conditional Use. Expansion of the uses identified and approved within this
conditional use application, or major changes to the site plan submitted as part of the
application, shall require the submittal of a new Conditional Use application, and shall
CU.2006.AR.10925
Page 9 of 12
Agenda Item No. 7A
February 10, 2009
Page 38 of 78
comply with all applicable County Ordinances in effect at the time of submittal, including
section lO.02,03B.3. of the Collier County Land Development Code.
14. The Conditional Use shall expire two years from the issuance of the CO, unless during this
two-year term there have been (I) no violations of any of these Conditions, and (2) no
findings by any court or tribunal (including the Collier County Code Enforcement Board or
Special Magistrate) of any Collier County Code Violation arising from the subject parcels. If
no such violations have occurred, then this Conditional Use will automatically renew for a
five-year term every five years thereafter. Should any such violation occur during these five-
year terms, the automatic renewal will automatically terminate, and the Owner will need to
petition the Board of Zoning Appeals for any further renewal.
CU-2006-AR-10925
Page 10 of 12
r.-
Agenda Item No.7 A
February 10, 2009
Page 39 of 78
PREPARED BY:
k
&)zr:) 07
~ATE L
JO -DAVID MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
ZKOW
UNTY ATTORNEY
e; l~L7
;(~ .C-JZJ. ,Ii
RA YM V. BELLOWS, ZONING MANAGER
DEPAR ENT OF ZONING AND LAND
DEVELOPMENT REVIEW
6 c I- 07
DATE
~vn./~
/SUSAN MURRA Y-ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
h~ ,//07
DATE
APPROVED BY:
S PH K. SCH I , ADMINISTRATOR
UNITY DEVELOPMENT &
IRONMENTAL SERVICES DIVISION
~~'f~?
, IDATE
Petition CU-2006-AR-I0925
Tentatively sc,hedry for e September 25, 2007 Board of County Commissioners Meeting.
!\; l ~ 0- "2..-'07
MARK P. STRAIN, CHAIRMAN DATE
CU-2006-AR-10925
Page 11 of12
Attaclunents:
Exhibit A - Operations Manual
Exhibit B - Declaration of Covenants, Conditions and Restrictions
CU-2006-AR-10925
Page 12 of 12
Agenda Item NO.7 A
February 10, 2009
Page 40 of 78
Agenda Item NO.7 A
February 10, 2009
Page 41 of 78
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE IN THE AGRICULTURE (A) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY
TO ALLOW RECREATIONAL FACILITIES PURSUANT TO
SECTION 2.03.0I.A.c.20 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR PROPERTY LOCATED
ON KEEWAYDlN ISLAND IN SECTION 14, TOWNSHIP 51
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has con fen-cd on Collicr County the powcr to establish,
coordinate and cnforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adoptcd a Land Developmcnt Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted plmming board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
to provide a passive recrcational facility pursuant to Section 2,04.03 of the Collier County Land
Development Code in an Agriculture (A) Zoning District on property hereinafter described, and
the Collicr County Planning Commission has found as a matter of fact (Exhibit "A") that
sati sfactory provision and arrangement have been made concerning all applicable matters
requircd by said regulations and in accordance with Subsection 10.08.00.0 of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by tillS Board
in a public meeting assembled and the Board having considered all matters presented.
Page 1 of3
Agenda Item No. 7 A
February 10, 2009
Page 42 of 78
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that;
The petition filed by Clay Brooker, Esg" of Cheffy, Passidomo, Wilson & Johnson for
Basil Street Partners, LLC, representing with respect to the property described in Exhibit "B,"
attached hereto and incorporated by reference herein, be and the same is hereby approved for a
Conditional Use pursuant to Section 2.04.03 of the Collier County Land Development Code, for
a passive recreational facility in the Agriculture (A) Zoning District in accordance with the
Conceptual Master Plan (Exhibit "C"), subject to the conditions set forth in Exhibit "D," which is
attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of tins
Board,
This Resolution adopted after motion, second and majority vote,
Done this
day of
,2009.
ATTEST;
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, DEPUTY CLERK
By: ____ ____
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency;
~7.W~
Steven T. Williams "f..,
Assistant County Attorney
Page 2 oD
Attachments:
Agenda Item NO.7 A
February 10, 2009
Page 43 of 78
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C; Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
Page 3 of3
Agenda Item No. 7 A
February 10, 2009
Page 44 of 78
(
FINDING OF FACT
, '. BY , .
COLLIER COUN1'Y PLANNING COMMISSION
FOR
A CONDITIONAL USE P~TITlON
FOR
CU-2005-AR-I0925
The following facts are found:
1 ;
/,:
. - .
, , ,
. , ,
. . . .
, ,
Section 2,04.03, Table 2" of the Land Development, Code authorized the conditional
f) oC Ie L~ <~ klQ T C(, f.J {!,'VI"-~ C:>-, Jf,",,:e. -Po ('<1. U '-''''v\.tl LOry, AS ~\J eel
use,
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
. ...
' ,
A. C~nsistency witli the LalldDevel6pmeni Cod<< and Gro~b Management Plan;
Yes_No1
B,. lngressand egress to pl'Opelty and proposed stlUctures thereon with particular
reference'to automotive and pedestrian safety' and convenience, traffic flow
and control, and access in ca~e of fire or catastrophe: '
. ,
, Adequate ingress & egress
Yes_NOL'
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: ' ,
----.:~ Noaffect or _Affeclmitigated by
_ Amict cannot be mitigated \.~ ,~ \0~",,-'~-V~ 'J'\ le~;) 11\1,~")'L_
, ' ' ' 1
D. Compatibility with adjaccnt properties and other property in the district:
Compatible use withindistl"ict
Yes No..L
,
, Based on the above finclirigs, this condirlomil use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
,DATE: 1./)0orr
CHAIRMAN:
(/It Ctcf~f~~."
EXHIBIT A
Agenda Item No.7 A
February 10, 2009
Page 45 of 78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
, A CONDITIONAL USE PETITION
CU-2005-AR-I0925
The following facts are found:
" ,
1. Section 2,04,03, Table 2, of the Land Development Code authorizcd the conditional
use,
2. Granting thc conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B, Ingress and egress t6 property and proposed' structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and acce~s in case of fIre or catastrophe;'
Adequate ingress & cgress
Yes~_ No_'
C, Affects neighboring' properties in relation to noise, glare, economic or odor
effects; ,
_No affect or ~ Affect mitigated by
__ Affect cannot be nutigated
41 C"'Ar<?1 n vwf
D, Compatibility with adjacent propcrties and othcr property in the distdct:
Compatible usc within district
Yes \I No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE;
f./J';;'7
MEMBER:
.?;:~
EXHIBIT A
Agenda Item No, 7 A
, February 10, 2009
" Page 46 of 78
, FINDING OF,FACT
BY
COLLiER COUNTY PLANNING COMMISSION,
FOR,' , ,
, A CONDITIONAL USE PETITION
CU-2005'AR.l0925
, The foll.owing facts are f.ound: '
. . . .
' "
. ,
1. Section 2.04.03, Table 2, of the Land Development' Code auth.orized the conditional
use,
2, . Granting the c.onditional use Will not adversely affect the':public interest and will not
adversely affect ether property .or uses in ihe, same district .or.neighb.orh.o.odbecause
~ . ,." ,
, .
, .
A. C.onsistency with the Land Devel.opmeni CD de and Growth Management Plan:
Yes:4- N.o'_."
" . , . "
B. Ingress and egrcss t.o property and proposed structures thereon with particular
reference to aut.omotive and. pedestrian safcty, and' convenience; traffic flow
and control, and acce~s in case.of fire ..or catastrophe:' , '
Adequate ingress & egress
Yes~ N.o_"
, C. Affects neighboring properties in relati.on to noise, &lare, economic or odor
effects: ' ,
~ No affcct' Dr --'--- Affect mitigated by
~ Affectcatlll.ot be mitigated
D. C.ompatibility with adjacent jJl'operties and .other propelty in the district: ,
Compatible use within district ,
Yes~ No-,
. '..
' ,
Based 011 the abDve findings, this conditional use sh.ould, with stipulati9n , (c
recommended f.or appreval t.o the Board .of Zoning Appeals., ,/
~
-
DATE: ?~/ ,f'-cY/
EXHIBIT A
'----..
Agenda Item No, 7A
Feqruary 10,2009
, Page 47 of 78
FINDING OF FACT
BY
COLLIEH. COUNTY PLANNING COMMISSION
.' 'FOR., , " "".
" A CONDITIONAL USE PETITION
CU-2005-AR-I0925
, .The following facts arc found:
1. Section 2,04,03, Table 2, of the Lalld Development'Code authorized the conditional
use,
2, Granting the conditional use will not adversely affect the ,public interest and will not
adversely affect other property or uses in, the ~ame district or neighborhood because
of: ' ,
A. 'Consistency with the Land Development Code and Growth Management Plan:
Yes,--- NO-A-'
B, Ingress and egress to property and proposed' structures thereon with patticular
reference to automotiVe and, pedestrian, safety, and' convenience, traffic flow
and control, and access in case of fire or catastrophe:' . '
Adequate ingress & egress
Yes NoY
C, Affects neighboring' propeliies in relation to noise, glare, economic or odor
effects:' '
No affect or --'---- Affect mitigated by
-p- Affect calmot be mitigated
D, Compatibility with adjacent properties and other property in the district: ,
Compatible use within district
Yes~_ NoL
Based on tlie above findings, this conditional use should, with stipulations, (copy attached) be '
reconmlended for approval to the Board of Zoning Appeals.
DATE; 7-/Q-o/ MEMBEC~.<::=, /
EXHIBIT A
Agenda Item No.7 A
February 10, 2009
Page 48 of 78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING, COMMISSION,
, . ,FOR' , , '
. A CONDITIONAL USE PETITION
CU-2005cAR-I0925
, ,The following facts are found:
. . . .' . ~ .' . .'
I. Section 2.04,03, Table 2, of the Land Development' Code authorized the conditional
use.
2. ,Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A,
Consistcncy with the Land Development Code and Growth Management Plan;
No /'
Yes
','
B. Ingress <md egress to propel1y and proposed' structures thereon with particular
reference to automotive and pedestrian, safety and convenience, traffic flow
and control, and access in case of fire or caiastrophe: ' '
Adequate ingress & egress
No '~',,'
Yes
C. Affects neighboringpropel1ies in relation to llOise, glare, economic or odor
effects: ' ,
-'-_ No ~ct or -'-- Affect mitigated by
" Affectcmmot be mitigated
D. Compatibility with adjacent l'roperties and other property in the district:
Compatible use within district
,No~
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Bam'd of Zoning Appeals,
DATE:
1/t 1 !tr7
I I
MEMBER: it-n/1.t:~~ed. {ltVUh~
EXHIBIT A
Agenda Item No. 7 A
. February 10, 2009
. Page 49 of 78
FINDING OFFACT
BY
COLLIER COUNTY.PLANNING COMMISSION
. .' . FOR .... .' ....
, A CONDITIONAL USE PETITION
CU-2005'AR-I0925
. The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development' Code authorized the conditional
use,
2, . Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
. .
. . .
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No J
. . .
..' . ,- ., . . --
B, Ingress a,nd egress tci property and proposed' structures thereon with particular
reference to automotive and pedestrian safety and' convenience, traffic flow
and conttol, ,and access in ease of fire 0.1' catastrophe:' . .
Adequate ingress & egress
Yes
No
~.
C. Affects neighboring' propelties in relation to noise, glare, economic or odor
effects; . .
_ No amict or _ Affe~t ,mitigated by
~AffectcantJ.ot be mltrgated
D. Compatibility with adjacent proper~ies and other property in the district:
Compatible use within district
Yes NoV,
Based on the above findings, this conditional use should, with stipulations, (copy attached) be .
recommended for approval to the Board of Zoning Appeals.
DATE:~ J." I ~ 7
MEMBER:
".~~
.". .~
EXHIBIT A
Agenda Item NO.7 A
February 10, 2009
, Page 50 of 78
FINDING OF FACT
BY
COLLiER COUNTYPLANNING, COMMISSION
,FOR.,
", A CONDITIONAL USE PETITION
CU-2005cAR-I0925
, The following facts are found: ,
1. Section 2.04.03, Table 2, of the Land Development'Code authorized the conditional
use.
2. ,Granting the conditional use will not adversely affect the ,public interest and will not
adversely affect other property 01' uses in the same district orneighborhoodbecause
of: ' , . ,
A. Consistency with the Land Development Code and Growth Management Plan;
. I "
YcsA No_.
','
B. ' Ingress ~nd egress to property and proposed' structures thereon with particular
reference to automotive' and pedestrian safety and' convenience, traffic flow
and control, and access in case of fire ,01' catastrophe: ' , '
Adequate ingress & egress
Yesi No_
C, Affects neighboring' properties in relation to noise, glare, economic or odor
effects: ' ,
No affect or L Affect mitigated by (ti\)r)\H:;~)'" '
_ Affect camiot be mi tigated
D. Compatibility with adjacent ~roper,ties and other property in the district:
Compatible use within district ,
Yes~. No---,
',j
,//
1/
1/
i.
pulations, (copy attached) be '
, "
, Based on the above findings, this condiiional use should, with s
, ,
recommended for approval to the Board of Zoning Appeals.
DATE: :JL')lj\<: n ?cr))
MEMBER: 'i ,r---'
EXHIBIT A
Aaenda Item No.7 A
February 10, 2009
Page 51 of 78
FINDING OF FACT
BY ,
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE P~TITION
FOR
CU-2005-AR-I0925
The following facts are found:
. .... .
, '
, ,
. - ..
, ,
1. Scction 2,04,03, Table 2, of the Limd Development Code authorized the conditional
use.
2. Granting the conditional uie will not adversely affect thepubtic interest and will not
adversely affcct other propelty or uses in the same district 01' neighborhood because
of;
. . .' .
. . . .
" ,
. ..'
, ,
A, Consistency with the Lmid Development Code and Growth Manage~ent Plan:
Yes 'No--L
, ,
B. Ingress and egress to property and proposed structures thereon with particular
refcrence to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire 01' catastrophe:
Adequate ingress & egress
Yes ~ No
. '
C, Affects neighboring pl'Opelties in relation to noise, glare,' economic 01' odor
effects;
, ~o affect or ~ Affectmitigated by
.__ Affect cmmot be mitigated
D: Compatibility with adjacent propeltiesand other property in the district;
Compatibieuse within distric/
Yes No V
.."... .' .... .. .;. .
, Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. , ,
~, t'411RMM\',MeNr:','M,' ,~,~
DATE: 1- /1- 07, ~\Y" bJ-.L4--
EXHIBIT A
Agenda Item No. 7A
February 10, 2009
Page 52 of 78
(
FINDING OF FACT
BY
COLLIEI~ COUNTY,PLANNING COMMISSION
",FOR"
", A CONDITIONAL USE PETITION
CU-2005~AR-I0925
, The following facts are fOUlld: '
1. Section 2.04,03, Table 2, of the Land Development' Code authoriz~d the conditional
use.
2. , Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
~', "
A. ' Consistency with the Lan~opment Code and Growth Manageme~t Plan:
Yes No' , , ,
, , .
B, Ingress l\nd egress to property and pr~posed' stiu~tUl'es thereon with pmticular
refercnce to automotive and pedestrian, safcty and' conveniencc, traffic flow
and contl"ol, and access in case of fire or catastrophe:' .
','
, Adequate ingress & egress I
, Yes No V. ' "
, C. Affects neighboring' propelties in relation to noise, glare, economic or odor
effects; , , '
_ No ar~ 01'_ Affectmitigated by
~~}fectcallliot be mitigated
, ,
, ,
" ,
D. Compatib,ility with adjacent proper,ti~s and other property in tile district,
, Comp~tible use within disl1j!t' '.
Ycs No /, ,
, ,
, ,
Based on tile above findings, this conditional use should, wi
recommended for approval to the Board of Zoning Appeals.
DATE:
110
MEMBER:
s, (copy attached) be '
EXHIBIT A
. Agenda Item NO.7 A
February 10,2009
Page 53 o! 78
Le9~ltJ~~cripti9"
. . .
. . .
Th~Northfl9..3 f~('jt QfG01t9mm,mfl.;ot2.. Section 14, toWnship51$Q4th,,!,al1!]e 2~
. East, Coiner' Couilty,f(,?ri,g~(i~f'a$u,re~!~n~~q'~~gt~~;~~,~letliifha'\lortb,!lna' 9fS:f!i{i'
Gove.rmneryt'Lot.2,..salg. )1orotl1lin~~aJ59De'lngtne'C"omiriGI1II ne$ep~r~ting $e.ctigli$i
'11 ..nd tit; TQ\I'{I1<'ihip5.1$Ql,ltl:i,R"at\"ga.25Ea~t~cgir!~C;plJn{YJFI9tlda}; ... .
. .' .. " ".' : ,,--.. ,". ,'" -. ...... "-'..,', ".,
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TheSol.!tI):89.3f~el ,of tneNo.rtht7.8:6, fMl,of.\:;l?v.er~m~nt.!..ot 2;.S9ctiOn 14;
ToW!lshlp51!s()l,ltlt, ~ahge 25Ea~t, 66llier Oeor((ylflQri~aJI11~~s.~redat'~90 degree
<ll1gIe totl:1;$t!orth rin~of.sa ld9'Qv'emmentL!),(2'S1!iel DPr!h,Hl1E1als o being tl,a,
Cdll1TnOl.lnnSSSparafing Sectib.n$-11 i!nd 14, Ti?wnsl1iP ,Iii;! SO\lth, Rahge:25 EIlS~i~
QQ!Uei'Coi,lhW,FI6r!aaIL .. ..... .
EXHIBIT B
<to""
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.
Agenda Item No. 7 A
February 10, 2009
Page 55 of 78
EXHIBIT D
CONOITIONS 011 AffROV AL
CU-2006-AR-I0925
August 28, 2008
1. The use is limited to that depicted on the conceptual site plan identified as "The
Beach Shelter at Keewaydin Island" prepared by Dyehouse Comeriato Architect,
and date stamped December 7, 2006, except as further conditioned below.
2. All proposed improvements shall be designed in accordance with the standards of
the Florida Department of Environmental Protection (FDEP) Division of Beaches
and Shores and arl approved FDEP permit shall be obtained, and copies provided,
prior to issuance of a Collier County Site Development Plan.
3. Permanent conservation easements dedicated to the County will be required over
the 0.43-acre area preserve within 90 days of SOP approval or prior to CO of the
building, whichever comes first.
4. Site Development Plans shall depict a staging area for the construction equipment
and the impacts to the area along with replanting/re-vegetation plans.
5. If lighting is required for security reasons, only low-levcl, directional lighting that
complics with sea turtle regulations approved by the Rookery Bay Reserve
manager will be used, subject to review and approval by County Environmental
Services staff.
6. Users of the beach shelter property shall arrive by the applicarlt's designated boat
shuttle only.
7, No more than 20 people, induding at least one resort staff, shall be on-site at any
one time.
8, Noise on the property shall not exceed 55 decibels at the boundaries of the
property, and shan otherwise comply with the County's Noise Control Ordinance.
9, The beach shelter shan remain closed between dusk and dawn.
10. All food, beverages and trash shall be removed from the beach shelter at dusk,
and facility staff shall clean up any litter on the beach up to 100 yards beyond the
property boundaries in both northern and southern directions.
11. At the time of SDp approval, the applicant shall provide evidence that an
Environmental Resource Permit, pursuant to Patt IV, Chapter 373, Florida
Statutcs, and an authorization to use State-owncd submerged lands to change the
Agenda Item NO.7 A
February 10, 2009
Page 56 of 78
use of the previously permitted dock on the subject property, have been approved
by the Florida Department of Environmental Protection,
12, Approval of this Conditional Use shall not be construed as approval of the
attached conceptual site plan; the site plan shall be formally reviewed and
approved as patt of the Site Development Plan (SOP) process. No variances from
any LDC requirements have been granted as part of the aceeptance of the subject
site plan. If it is determined that the site plan is not in compliance with any LDC
requirements, the site plan must be brought into complianee prior to the issuance
of any site development plan approval.
13. The Department of Zoning and Land Development Review Director may approve
minor changes in the location, site layout or height of buildings, structures, and
improvements authorized by this Conditional Use. Expansion of the uses
identified and approved within this conditional use application, or major changes
to the site plan submitted as part of the application, shall require the submittal of a
new Conditional Use application, and shall comply with all applicable County
Ordinances in effect at the time of submittal, including section 10.02.03BJ. of the
Collicr County Land Development Code,
14. The Conditional Use shall be required (0 go before the Board of Zoning Appeals
(BZA) for review every three years from the issuance of the CO, unless during
any such three-year term there have been (1) no violations of any of these
Conditions, and (2) no findings by any COlllt or tribunal (including the Collier
County Code Enforcement Board or Speeial Magistrate) of any Collier County
Code Violation arising from the subjeet parcels. If such violations have occurred,
and a hearing before the BZA is triggered, the BZA shall review thc violation(s)
and determine what revisions to these eonditions may be warranted, if any; or
whether to revoke the Conditional Use should a record of persistent or signifieant
violations exist. Such a hearing will be conducted by the BZA in the same general
manner set forth in LDC Section 10.08.00, except that the matter will go directly
to the BZA and will not be reviewed by the Planning Commission.
'. '..
~ I
1('
.--.-'
{'
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Agenda Item No.7 A
February 10, 200101
Page 57 of 78
1
conditional use will adversely affect the public
2
interest, and how the specific requirements
3
governing the individual use, if any, have been met.
4
CHAIRMAN HUGHES: Is that it?
5
MR. BROOKER: If there's more
6
MR. GRIFFIN: Be happy to try to get some --
7
CHAIRMAN HUGHES: More specific?
a
All right. Therefore, it's within our rights
9
under the law to deny this based on compatibility,
10
access, the question's not as much with Land
Development Code. Do we incur any liability as a
result of that?
MR. GRIFFIN: You're making your recommendation
if something occurs?
MS. HUSHOI,: Right.
MR. GRIFFIN: I understand.
CHAIRMAN HUGHES: So our liability is minimal,
we're within our rights.
MR. GRIFFIN: If that's your determination,
then you're within your right to make that
determination and that recommendation. It will then
go on, of course, to the Collier County Planning
Commission, as I understand, the next link in the
process.
CHAIRMAN HUGHES: My concern is, again, and I
GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA 34112
TELEPHONE: (2J9) 774-4..11"
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Agenda ltel1}.~'- ,
Februaryl0,
Page 58
1
think everyone here -. this is a Catch-22.
A lot of
2
things are sitting on these boards.
It's not an
3
easy place to be.
4
The number one issue in America is that we
5
protect private individuals, private rights to their
6
property. We are not a nation .- we're growing that
7
way. It's sad to me because we're losing our
8
character, but at the same time, this is not denying
9
a person's individual right to their property. They
10
have the right to utilize that property for a
private utilization.
The question here is: DO we take private
property, turn it into quasi. commercial property and
therefore, affect the neighborhood, the environment,
the watershed?
And personally, my -- just to put a little
history for everyone here -- there was a gentleman
back in the '60s that had the idea, we don't build
anything to the beach from Route 41, God, what if
we had done what he had said then? What a beautiful
place we would have for eve~yone.
My personal opinion is to deny this application
based on our concerns of the impact to the
envi~onment; the waste outfall, the access, the
quasi-nature of the agreements between entities and
,
"
u
(~
t:':
i~/
.f:
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Agenda Item No. 7~ 0 3
February 10. 200~
Page 59 of 78
1
management.
2
Number one, pertinent to human behavior, and I
3
think one -- the doctor said it the best, being the
4
person -- I'd hate to be the guy from the company so
5
to speak, oh, no, you can't come on your club
6
membership rights here today.
7
Well, I've been -- I grew up in one of these
a
environments. You know what starts then? They
9
start punching him, and then it gets loud, the
alcohol starts. Next thing you know, they're
literally calling the Sheriff to stop this thing.
It's just a bad venture. It's a bad precedent.
r don't like it. That's my opinion. We have other
opinions on the board that may differ.
MR. PENNIMAN: Are you making a motion that we
deny?
CHAIRMAN HUGHES: Well, I'm moving us in a
direction, I haven't made the motion, yet. I want
to hear your opinion.
MR. PENNIMAN: All right, Then I would like to
make that motion that we deny. I'm also concerned
about the horse out of the barn. I'm concerned that
the carrying capacity of Keewaydin Island is going
to be seriously affected, not only by this
development, but by what is coming down the line in
GREGORY COURT REPORTING SERVICE, NAPLES. FLORIDA 34112
TELEPHONE, (239/ 774-4414
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Agenda Item h
-Februa,r.{10,
'page 60
1
the future.
2
I'm concerned about the enforceability of 56
3
people.
I don't know that that's reasonably
4
enforceable, given the fact that these are going to
5
be property owners and dues payers. 80 of them show
6
up at the dock and you're going to tell them that
7
they can't come onto the island; I think that's
8
going to be very difficult to manage,
9
But I am most concerned about the carrying
capacity of this very fragile ecosystem out there.
I think to do this would be a mistake, because it
would, in fact, open the door for other horses to
come out of this particular barn. So I would make a
motion to deny this petition.
MS. HUSHON: I would also like to add --
agree -- I'll second your motion, but I would like
to add, I have real concerns that our people did not
present adequate information on what I'm going to
call 'resource management."
That relates to water, sewers -- or the sewage
issue, waste management issue and the whole concept
of exceptional events, I think, is out of line. I
--.-'.
~'
don't think there's any question that -- I don't l..t
think they can -- this property can handle
exceptional events that are proposed. That just
~
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Agenda Item No. 7A
February 1 0, 200~ 0 S
Page 61 of 78
1
doesn't seem to be any possibility,
2
So my feeling is that because it is a
3
precedent -- a precedential issue, that there are a
4
number of real concerns. I don't think that this
S
presentation has met those concerns,
6
CHAIRMAN HUGHES: I agree. So we have a motion
7
and a second? Is that what I'm hearing?
9
MR. DOLAN: I've been wrestling with the
9
compatibility issue with this quasi-commercial, you
10
know, pavilion -- beach pavilion. You know, it's
almost better that it is set off from the private
lot owners and sandwiched in between the properties
owned by Rookery Bay. I think that helps to kind of
buffer the -- I mean, certainly
MS. HUSHON: The impact.
MR. DOLAN: the impacts would be, I think,
far greater if they were -- it was on two lots in
amongst the other private lots.
I've had some experience with beach park
pavilions. I know it's a very tough issue to deal
with, I think the character of Keewaydin, I
believe -- some of my concerns and issues would be
maybe quelled a bit more if things like the MOA and
the Conservation easement, if some of those things
can be further along and then present back to the
GREGORY COURT REPOR7ING SERVICE, NAPLES. FLORIDA J41I2
TELEPHONE; (239) 774-4414
Agenda ItelJ'''~ 7
Februafy'10.
Page 62
1
EAC, without going into a bunch of specifics. I
2
think that should have been pretty well tied down.
3
Do the MOA and pretty much drafted, maybe not
4
completely drafted, but pretty far along and then --
5
just to give us some more peace of mind.
6
I think it's still kind of an issue that needs
7
to be resolved. I think your sewage capacity needs
8
to be addressed and information brought back to
9
demonstrate to everybody the neutrality of it
10
the system.
I think I would be more inclined to
11
vote for it if some of those things had been
12
addressed. Then the well issue, as well.
13
Thank you.
14
CHAIRMAN HUGHES; Any other comment?
15
MS. LYNNE:
I'd like to comment, that although
16
having it in between the state land might buffer the
17
neighbors from it, that isn't necessarily good for
18
the environment, in terms of the sea birds, That'S
19
going to be disrupting that, I'm just bringing up
20
that point.
2l
It's increasing the intensity of use that isn't
22
appropriate for the barrier island, but that is just
23
residential.
I agree with the other comments made
24
by the board.
25
CHAIRMAN HUGHES: Any further comment? We ha~e
of
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Agenda Item NO.7 A
February 10, 200G; 0 7
Page 63 of 78
1
a motion, we have a second.
2
MR, GRIFFIN: Mr. Chairman, be clear on what
3
the motion is at this point.
4
CHAIRMAN HUGHES: Please restate, Nick.
5
MR, PENNIMAN: The motion is to deny
6
application for conditional use CU AR 7181.
7
MR. HILL: Recommend denial, I think, is the
8
proper --
9
CHAIRMAN HUGHES: Recommend denial. We are
10
advisory.
Okay. Number 2, a second on that?
MS. HUSHON: I seconded it already.
CHAIRMAN HUGHES: Okay. We have a motion. We
close discussion, Anymore further comments before
we vote?
MR. DOLAN: I would like to afford them the
opportunity to come -- possibly come back and do
time with addressing some of our issues that we
have,
I don't know if there's a period of time they
have to wait before they can come back before the
EAC.
CHAIRMAN HUGHES: I don't know. I don't want
to sit up here and deny anybody the right to use
their land.
I think we made some valuable suggestions today
Ol/Er:;ORY CO{.'RT l/EPORTINr:; SERVICE, NAPLES, FLORIDA 34112
TELEPHONE: (239) 774-4414
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Agenda Item No. 7 A
February 10, 2009
Page 64 of 78
lOa
1
pertinent to your project. There are different ways
2
to look at this project. I mentioned one with a
3
boat. The support vessel is the project. The
4
boat's there, the project works. When the boat
5
leaves, it's off, nobody goes there, there's no
6
toilet, there's nothing.
7
I mean, there is a way to use that property and
8
be passive. But with all the open doors that are
9
still there, I'm afraid not.
All right, So we now have a vote.
All those in favor of the motion denying this
project say "aye."
(All respond in the affirmative.)
CHAIRMAN HUGHES:
All those for the project
say "nay."
(No response.)
CHAIRMAN HUGHES: Okay. All right, we're
unanimous. Denied.
(The proceedings were concluded at 12:23 p.m.)
GREGORY COURT REPORTING SERVICE, NAPLES. FLORrnA
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Agenda Item No. 7A
Febr~3t80, 2009
,. r'age 65 of 78.
1
2
3
MS. STUDENT-STIRLING: ' And the motion maker anc
the second could, accept them.
CHAIRMAN STRAIN: I find i t ihcon~istent with
4 Land Development Code Section 3.03.07 because of the
5 density issue. 2.03.07 because of the preserve
6 incompatibility issue. 10.08.00, numbers one, three
7 and four. One because of GMP inconsistency,; three
8 because of noise and economic issues, and four'
9 because of compatibility.
10 And I find it inconsistent with the GMP,' CG1E
11
12
13
10.6.1.1 due to the density, 10.3.8 ,due to the
density, 10.3.2 due to compatibility. And the FLUE
Section 5.4 due to compatibility. Those are my
14 reasons for voting no on this motion.
15 Yes, Ms. Student?
16
17
MS. STUDENT-STIRLING: I do hear
I've heard
safety discussed. I didn't hear that
there was
18 testimony about it. I didn I t hear that as one of
19 the reasons, but I heard other people up there talk
20 about it. And it is a criterion.
21
CHAIRMAN STRAIN: Okay, I didn't have reference
22 numeric for that.
23
24
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MS. STUDENT-STIRLING: Access in the case of.
fire or catastrophe.
CCMMISSIONER CARON: Right herer B.
Agend2Raln No.7 A
February 10, 200S
Page 66 of 78
~
1
CHAIRMAN STPAIN: B. Oh, you're reading 6ff
()
2 this. I was reading from --
3
CCMMISSIONER CARON: No, I was req.ding from
4 conditional use.
S CHAIRMAN STRAIN: .That would be findings of
6
fact, Item B.
7 I agree with you, I just didn't have the
8 reference.
9 Anyway, those are the references from the code
10 that I believe are --
.. 11 COMMISSIONr~R ADELSTEIN: I will accept them;
12 CHAIRMAN STRAIN: Those are accepted by the
.....
. 13
14
15
16
17
18
motion maker.
()
CCMMISSIOl~R KOLFLAT:. Accepted by the second.
CHAIRMAN STRAIN: Accepted by the second.
.
Is there any further discussion?
(No response.)
CHAIRMAN STRAIN: I I d like to have a raise of
19 hands, all those in favor of the motion for denial,
.
20
21
22
23
24
25
please signify by raising their hand.
CCM1ISSIONER KOLFLAT: .. (Indicating.)
CCMMISSIONER ADELSTEIN: (Indicating.)
CHAIRMAN STRAIN: (Indicating.)
COMMISSIONER SCHIFFER: (Indicating. )
COMMISSIONER CARON: (Indicating.)
.
()
,
,
1-
Agenda Item No. 7.A.
. Febrt20BO,2009
Page 67 of 78 .
1
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CCM'4ISSIONER MURRAY: (Indicating. )
COMMISSIONER VIGLIOTTI: (Indicating.)
CCMMISSIONER TUFF: (Indicating.)
CHAIRMAN STRAIN: Motion carries 8-0.
Anybody opposed?
(No response.)
CCMMISSIONER KOLFIAT: . Mr. Chairman?
.
CHAIRMAN STRAIN: Yes, sir.
9 CCMMISSIONER KOLFIAT:. I'd like to make another
.10 motion and that motion be that the Chairman also
. . . 11 send a letter to the Board of County Commissioners
17
18
12
13
emphasizing how important we think this issue is and
urging their support and our recommendation of
14 denial.
15
CHAIRMAN STRAIN: How does the rest of the
16 board feel about that?
.
CCMMISSIONER ADELSTEIN: I agree..
CHAIRMAN STRAIN: There's been a motion made
19 and seconded to send a letter to the Board of County
20
21
22
23
24
25
Commissioners indicating our position on this.
hly further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signify
by sewing aye.
CavlMISSIONER KOLFIAT: Aye.
Agend~~ No. 7A
February 10, 2oo9
....... Page 68, of 78
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CC1'1MISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Aye.
. CCMMISSIONER CARON:' Aye.
CCMMISSIONER MURRAY: Aye.
CCMMISSIONER VIGLIOTTI: Aye.
CQI1MISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Motion carries.
CQI1MISSIONER SCHIFFER: Wait a minute, opposed,
'. . ()
9 aye.
10
11
CHAIRMAN STRAIN: Oh, 1'm sorry,
CCMMISSIONER SCHIFFER: I don 'tthinkwe shaule .
-
12
13
deny this .with prejudice.
CHAIRMAN STRAIN: 1'm just following a motion ( )
14 at this point, Brad.
15
CQI1MISSIONER SCHIFFER: Count my.vote against
16 that.
17
CHAlRMAN STRAIN: Motion carries 7.,..1.
18 So a letter will be sent to the Board'(jf County
19 Commissioners.
20. That will end this hearing on the Keewaydin
21 issue. . Thank you all for your patience .to0aY and..
22 for attending the meeting. . ,
23 (At which time, this proceeding concluded at,.
..
24
25
3:00 p.m.)
(J
,
,
Agenda Item NO.7 A
. Feoruary ;)0, " 2009
F2~9 of 78
,
3 STATE OF FLORIDA)
4 COUNTY OF COLLIER)
5 I, CHERIE; R. NOTTINGHAM, CSR and Notary
6 public, State of Florida at Large, do hereby certify
7 that I was authorized to and did stenographically
8 report the foregoing proceeding; that a review of the
9 transcript was request.ed; and that the transcript is
10 a true and complete record of my stenographic notes.
11 I further certify that I am nota relative,
12
13
employee, attorney or counsel of any of the parties,
nor am I a relative or employee of any of the parties'
14 attorneys or counsel connected with this action, nor
15 am I financially interested in the action.
16 Dated this 2nd day of August, 2006.
17
18
19
20
21
22
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25
Cherie' R. Nottingham, CSR
Notary Publio, State of Florida
My Commission No: DD 454788
Expires September 5, 2009
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Agenda Item NO.7 A
February 10, 2009
Page 70 of 78
July 19,2007
COMMISSIONER KOLFLAT: In accordance with its
conditions and stipulations. And also that it's site permanent (sic) for
this particular site.
CHAIRMAN STRAIN: Site permanent?
COMMISSIONER KOLFLA T: For this site,
CHAIRMAN STRAIN: Site specific I think you mean, for this
site. Site specific for this site?
COMMISSIONER KOLFLAT: Yes,
CHAIRMAN STRAIN: Okay. Motion's been made by Mr.
Kolflat. Seconded by --
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: -- Commissioner Schiffer. Okay, so now
we'll go into discussion.
Comments from the commission? Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I haven't said anything, but
I have been listening very carefully. And I found Mr. Brooker's
presentation much more persuasive this time than the first time.
However, I feel as though I need to go along with our environmental
advisory group recommendation. And from hearing the public
speakers, I'm convinced that there would be significant human impact
and possibly a precedent. So I intend to vote against the motion.
CHAIRMAN STRAIN: Okay. Ms. Caron?
COMMISSIONER CARON: Yes, I will also be voting against
the motion. I believe there are still ingress and egress issues. I believe
it will set a precedent in the neighborhood. I believe that the intensity
ofthe use is incompatible with well over potential 750 plus users.
I believe that their boardwalk, that construction seaward of the
coastal construction line is prohibited, except for public access. And
there is no public access, it's club members only.
I believe the effect on the neighboring properties is adverse
because the county is being asked to rely on provisions of a private
thus unenforceable agreement between the state and the owners. And
Page 120
Agenda Item No.7 A
February 10. 2009
Page 71 of 78
July 19, 2007
I don't believe that the state has proven themselves to be a -- what's the
term I can use? I don't think they've been reliable in upholding their
own rules and regulations.
We'll be discussing one such incident later on today.
And I'll cite just one more just to throw it out there. Recently the
county has submitted to the State FDOT warrants for a traffic light up
in North Naples, and the state's response was not -- was that the light
wasn't warranted because red lights cause traffic accidents. And this
is the kind of thinking that we're going to put up with. I don't think
relying on the state to uphold these agreements makes any sense
whatsoever. And so for those and probably other reasons, T'l1 be
voting against it.
CHAIRMAN STRAIN: Let me finish up with this side of the
table, then we'll move to that side.
Mr. Schiffer?
COMMISSIONER SCHIFFER: I mean, are we clear -- there's
one condition that we didn't discuss that in their manual I'd like them
to add what to do if the alann's on for the septic tank, okay? We don't
need to make that a formal condition, just do it in the manual, okay?
CHAIRMAN STRAIN: So in the manual part of your --
COMMISSIONER SCHIFFER: Well, what was missing is that
the staff doesn't know what to do when there's a blinking red light over
the septic tank, that they have a procedure in your manual what to do.
CHAIRMAN STRAIN: Mr. Kolflat, you had your hand up. Did
you have more to comment on?
COMMISSIONER KOLFLAT: Well, I probably should have
made a comment for the basis for my motion.
CHAIRMAN STRAIN: Pull the microphone a little closer to
you, 511'.
COMMISSIONER KOLFLA T: I went back and looked at our
record of our meeting a year ago, and I went through every item that
each of us and all had been brought up by the public, And I think this
Page 121
Agenda Item No. 7A
February 10, 2009
Page 72 ot 78
July 19,2007
petition has addressed every one of those and attempted to ameliorate
the bad effects that were represented at that time.
CHAIRMAN STRAIN: Okay, now we'll start with this side.
Mr, Adelstein?
COMMISSIONER ADELSTEIN: I'm sorry, I can't go forward
with it either. I know the gentleman who has done it, I've watched
him operate for many years, too, and as did the speaker. And as far as
I'm concerned, I could not vote for this.
CHAIRMAN STRAIN: Any other comments from this side of
the table?
Mr. Murray, you're never lacking in comments, so go right
ahead.
COMMISSIONER MURRAY: Gee, I'm nonplused now.
I too agree that the presentation made by Mr. Brooker and the
efforts made to really give a lot of concessions -- perhaps they were
prepared for that, I doubt it, because we've asked some very strong
conceSSIOns.
Nevertheless, the question will remain and does remain in the
minds of many people, including mine, what are we doing here to
Keewaydin Island. So you'll have to listen for my vote.
CHAIRMAN STRAIN: Okay. Either of you guys got anything
to say?
COMMISSIONER VIGLIOTTI: I will be voting for it. I think
that they've done everything humanly possible to answer every one of
our concerns and all the board's concerns that came before you. We're
getting 90 percent of the property saved, environmental easement. It's
a conditional every three years you come back. So it's only a
temporary give you anyway.
My concern is there'll be two large private houses and they'll
invite as many guests as they want. We'll have absolutely no control.
And I think this is a well controlled project. Thank you.
CHAIRMAN STRAIN: Mr. Tuff, did you want to comment?
Page 122
Agenda Item NO.7 A
February 10, 2009
Page 73 of 78
July 19, 2007
You're more than welcome to,
COMMISSIONER TUFF: Well, I just think they did a terrific
job. And the thing I can't get past is I think we've just moved the party
over from the south end over to here. And I don't think there's a way
to combat that. But they will be following all the rules but we'd still
move the party, and I'll have to vote no on it.
CHAIRMAN STRAIN: And my thoughts on it will actually
pertain to the finding of fact of the conditional use petition. And my
purposes for not voting in favor of the motion would be that pursuant
to that petition, requirements, the findings of fact section number one
says that Section 2.04,03 table two of the Land Development Code
authorizes a conditional use permit.
Right off the get-go I am not sure that that applies to the
commercial dock that is now going to have to be there because it's a
change in use for the uplands. So that hasn't been clarified to a
satisfaction that I feel comfortable with,
Number, two, the granting of a conditional use would adversely
affect the public interest and will not adversely affect other properties
or uses in the same district or neighborhood because of A, consistency
with the Land Development Code and Growth Management Plan. I
still have a problem with the density. The GMP Section 10.3.8,
section 10,6.1, and the LDC Section 3.03.07(A) clearly refer to a
density of one per five acres. And I don't believe this application
meets that density,
Number B, the ingress and egress to the property of proposed
structures thereon. And the whole idea of the dock right now is in
question. The DEP permit that's been issued, if there's a change in use,
actually it's a violation of the permits, so the dock has to be
repermitted, We've heard testimony today that the dock certainly will
have to be repermitted. So until that's done, I'm not sure there's proper
and adequate ingress and egress to this property,
Number C, affects neighboring properties in relation to noise,
Page 123
Agenda Item NO.7 A
February 10, 2009
Page 74 of 78
July 19, 2007
glare and economic or odor effects. I don't have any comment on that
and I can't tell by the presentation today ifthere's any noise, glare or
economic issues with it. Some people may say it devalued their land,
others may say because of the potential there may be more value in it.
And as far as the environment goes, it certainly is a negative.
Number D, compatibility with adjacent properties and other
property in the district. I think by the lack of the studies done on the
intensity of the property, the uses that the compatibility has not been
proven to a satisfaction that will secure my vote. So for those reasons,
I will be voting no on the motion.
And I think everybody's had their say. So with that, I'll call for
the vote, but I ask you to do so by signifY by saying aye and then
raising your hand. If you're in favor of the vote for approval, please
signifY by saying aye and raising your hand.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Three in favor.
All those opposed, same sign.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MlDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Six opposed. Motion for approval is not successful. It fails at
6-3.
Now, is there another motion?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron? Oh, Mr. Midney, you had
your hand up first. Go ahead, and then --
COMMISSIONER MIDNEY: I'll make a motion for denial of--
recommendation of denial for Conditional Use AR -10925.
Page 124
Agenda Item NO.7 A
February 10,2009
Page 75 of 78
July 19,2007
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Motion's been made and seconded.
Discussion?
(No response.)
CHAIRMAN STRAIN: My reasons for supporting this
particular motion will be the same as those I just stated for the reason
to deny, the motion to approve.
COMMISSIONER CARON: Same here.
CHAIRMAN STRAIN: Ms. Caron is the same reasons.
Mr. Adelstein, same reasons?
COMMISSIONER ADELSTEIN: Yes.
COMMISSIONER MURRAY: Yes, but I'm confused, Mr.
Chairman. I thought if we had a motion that failed for approval, there
was no further motion required.
COMMISSIONER ADELSTEIN: Neither did I.
COMMISSIONER SCHIFFER: And Mark, question. Because
this is a conditional use, we fill this out. So essentially those of us who
voted yes would fill this out yes. Those of us who voted no would till
this out no, and the nos would carry.
CHAIRMAN STRAIN: I don't think you tally this to determine
how we vote. I think you actually take the vote that we've taken place
is how we vote.
Mr. Klatzkow, we had a motion to approve and it failed. Do we
need to take another vote?
MR. KLATZKOW: You don't need to, but you can.
CHAIRMAN STRAIN: Okay. Well, there is a motion on the
floor. Ifwe don't want to act on it, then the motion maker and the
second can withdraw their motion.
COMMISSIONER MIDNEY: I'll withdraw it.
CHAlRMAN STRAIN: The second then I assume is withdrawn?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Okay. Well then, the motion to
Page 125
Agenda Item No. 7A
February 10, 2009
Page 76 of 78
July 19,2007
recommend approval failed. The project's going forward with a
negative recommendation then. I guess it will stay at that.
Okay, thank you all. That will end that particular case.
We have findings offact. Please fill them out. They're attached
to your packet.
We still have an agenda to finish up, so I've got to ask everybody
not to leave. At least everybody not involved with this.
(Recess.)
CHAIRMAN STRAIN: Okay, sorry for the delay, we had to get
some paperwork completed.
Item #9
OLD BUSINESS
Any old business ofthis commission?
(No response.)
Item #10
NEW BUSINESS
CHAIRMAN STRAIN: Okay, new business. Michelle, you had
a discussion you wanted to bring to us regarding the school board?
MS. MOSCA: Good afternoon, Mr. Chairman, Commissioners.
For the record my name is Michelle Mosca with the comprehensive
planning staff.
I'm here today to request the commission's consideration to allow
the school district staff or their consultant to provide an overview of
school concurrency at a future planning commission date. And that's
simply my request.
Staff would suggest either August 16th or the first meeting of
Page 126
Agenda Item NO.7 A
February 10, 2009
Page 77 of 7
Andrew McElwaine, President & CEO,
CONSERVANCY
Of Southwest Florida
..... .....
~---
-
July 19, 2007
1450 Merrih"e Drive
Nnplc<, Florid. 34102
239.403.4210
Fox 239.262.0672
nndl'ewm@conserv<1ncy.ol'g
Mr, Mark Strain
Chairman, Collier County Plannini!> Commission
2800 N. Horseshoe Drive .
Naples FL 34\ 04
VIA E-MAil.,
RE: CU-2006-AR-\ 0925 - Naples Bay Resort Beach Shelter Conditional Use Permit
Application
Dear Chairman Strain and Planning Commission Members:
The ConserVancy of Southwest Florida and the Sierra Club Calusa Group acknowledge
that the project before you has been significantly modified from the original version that
included the construction of a 2,925 square foot beach club, with the potential to come
back and ask to increase the footprint to 4,500 square feet. While we appreciate the
reduction in impacts to both structure size and allowed membership usage, we are stll!
concerned about the precedent that will be set by approval of a Conditional Use permit
for a beach club on Keewaydin Island. The current beach club structures on the island
were constructed prior to the need to obtain a Conditional Use permit for such activities.
No beach club facility has been granted a Conditional Use permit to date. With the
approval of the Naples Bay Resort Beach Shelter, the expectation will be set for other
property owners to feel entitled to apply for, and obtain. such conditional uses. The
Conservancy and the Sierra Club ask that you recommend denial of the proposed beach
shelter's Conditional Use permit application, thus preventing a precedent or expectation
to be set.
In addition, over 85% of Keewaydin Island is in public conservation ownership through
Rookery Bay. As such, this land has a Special Treatment (ST) Overlay. This is a
designation given by the County for those lands that have vital and unique natural
resources value. According to LDC Section 2.03.07.D, 1., the ST Overlay allows special
regulations of certain sensitive lands and, "Such regulations are directed toward the
conservation, protection, and preservation of ecological and recreational values for the
greatest benefit to the people of the County." The only people who would benefit from
the issuance ofa Condition Use permit on this site would be the few who are property
owners, renters or short-term users having memberships to the private facility, This
would provide no benefit to the people of Collier County as a whole, Thus. we believe
the requested permit is also inconstant with the ST Overlay provisions.
P,-eserl'ing Southwest F'lm'ida:o; l1alurat envirollment and quality of liJe".now andfol'eve,;
Agenda Item No. 7A
February 10, 2009
Page 78 of 78
Establishing a precedent for private beach clubs on Keewaydin Island is not in the
public's best interest, or in the best interest of resource management for a barrier island
predominantly in public ownership, The Conservancy and the Sierra Club ask that you
recommend denial ofCU-2006-AR-10925 based on the failure oftbe applicant to meet
the standards governing the special treatment overlay on this property, If you have any
questions regarding the Conservancy's position on this issue, please contact me at (239)
403-4210,
Sincerely,
~~&-:.
Andrew McElwaine
President and CEO
(&~([A>.Ail Mf?i-
Cullum Hasty U
Political Chair
SierriiClub - Calusa Group
SIERRA
CLUB
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