HEX Final Decision 2022-06HEX NO. 2022-06
HEARING EXAMINER DECISION
DATE OF HEARING.
January 27, 2022
PF.TITI"N
Petition No. BDE-PL20210001645 - Request for a 23-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to
allow a boat docking facility protruding a total of 43 feet into a waterway that is 135 feet
wide for the benefit of property is located at 1660 Vinland Way, further described as Lot 14,
Landing at Bear's Paw, in Section 35, Township 49 South, Range 25 East, Collier County,
Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner is proposing to add a boatlift to an existing dock facility to moor a single vessel of
up to 30 feet in overall length. Said dock was constructed in accord with Building Permit No.:
PRBD20180212105; however, a Certificate of Completion was never obtained.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
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6. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock
extension request if it is determined that at least four (4) of the five (5) primary criteria, and at
least four (4) of the six (6) secondary criteria have been met.'
Primary Criteria:
Whether the number of dock facilities and/or boat slips proposed is appropriate in relation
to the waterfront length, location, upland land use and zoning of the subject property.
Consideration should be made of property on unbridged barrier islands, where vessels are
the primary means of transportation to and from the property. (The number should be
appropriate; typical single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The subject property is located within the residential development area of a
Residential Planned Unit Development (RPUD) for which the RPUD document specifically
allows each platted single-family lot located along the Golden Gate Canal two boat slips.
The petitioner desires to add a single boatlift to accommodate up to a 30 foot vessel.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner's application is unable to launch or
moor at mean low tide (MLT). (The petitioner's application and survey should establish
that the water depth is too shallow to allow launching and mooring of the vessel(s)
described without an extension.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The attached survey and plans demonstrate that there is insufficient water
depth at the 20 foot protrusion line as measured from the property line, the most restrictive
point of measure.
3. Whether the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed dock facility will only protrude 33 feet from the MHWL into
the subject waterway that is approximately 135 feet wide from MHWL to MHWL. The
entire waterway is used for navigation as there are no navigational markers indicating the
exact thread of navigation. The residences on the opposite shore have their docks on a
different canal/waterway.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether a minimum of 50 percent of the waterway width between dock
'The Hearing Examiner's findings are italicized.
Page 2 of 6
facilities on either side is maintained for navigability. (The facility should maintain the
required percentages.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The approximate waterway width is 135 feet, MHWL to MHWL. The
requested total dock protrusion is 33 feet from the MHWL which is 24.44 percent of the
width of the waterway; therefore, more than 50 percent of the waterway is open for
navigation.
5. Whether the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the
use of legally permitted neighboring docks.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The new dock facility incorporates a shore parallel design and will exceed
the 7.5 foot side setback requirements from both property/riparian lines. The dock facility
and location have been designed to satisfy required setbacks, provide safe access to/from
a vessel, and not to interfere with any future neighboring dock facilities that may be
constructed.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The design of the proposed dockfacility is greatly influenced by a property
line that was pushed back during the design phase of the development to allow for the
canals shoreline to be stabilized using rip -rap. At this location the property line is 10.16
feet landward of the MHWL. Due to this condition the existing dock protrudes further out
into the waterway in order to decrease the access walkway's slope and to reach out to
adequate water depths to safely moor the vessel and allow the boatlift to function properly
as well as the dock as it is an existing floating dock.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed dock facility has been minimized in order to meet the County
dock building guidelines, the approved PUD, and be constructed within the 25% width of
waterway. The proposed protrusion is consistent with the other dock designs that have
been approved within this same development along subject shoreline. The design also
Page 3 of 6
provides adequate and safe access to and from the vessel while still allowing room for
other recreational use like fishing and kayak/paddle board storage on the dock.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property's
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. The subject property has 69.5 feet of water/canal frontage, and the
proposed dock facility has been designed to moor a single 30 foot vessel which equates to
43.1 7percent of said waterfrontage.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the view of
a neighboring property owner.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The existing dock facility was constructed with a 16 foot side/riparian
setback on each side of the dock, the RPUD document allows for 7.5 foot side/riparian
setbacks for docks using a shore parallel design. The proposed boat lift will not decrease
the existing setbacks and only requires additional protrusion into the waterway. All
waterfront homes desiring a dockfacility along this shoreline will have similar challenges
and no one homeowner should be impacted more than another.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds
are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. There are no seagrass beds present on the property nor the neighboring
properties within 200 feet of the existing dock structure
6. Whether the proposed dock facility is subject to the manatee protection requirements of
subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion is
NOT APPLICABLE. Criterion not applicable. The provisions of the Collier County
Manatee Protection Plan do not apply to single-family dock facilities except for those
within the sea walled basin of Port of the Islands; the subject property is not located within
Port of the Islands.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
Page 4 of 6
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.H
of the Land Development Code to approve/deny Petition. The Petition meets 5 out of 5 of the
primary criteria and 5 out of 6 secondary criteria, one of the secondary criteria is not applicable.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210001645, filed by Jeff
Rogers of Turrell, Hall & Associates representing J. Scott and Bonnie Phillips, with respect to the
property described as 1660 Vinland Way, further described as Lot 14, Landings at Bear's Paw, in
Section 35, Township 49 South, Range 25 East. Collier County, Florida, for the following:
• A 23-foot boat dock extension over the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width, to allow the addition of a boatlift to an existing
boat dock facility that will protrude a total of 43 feet into a waterway that is 135± feet wide,
pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC) for the
benefit of the subject property.
Said changes are fully described in the Proposed Site and Dock Plans attached as Exhibit "A" and
are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Site and Dock Plans
LEGAL DESCRIPTION.
1660 Vinland Way, further described as Lot 14, Landings at Bear's Paw, in Section 35, Township
49 South, Range 25 East. Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Must obtain a Certificate of Completion for Building Permit No. PRBD20180212105 prior
to adding proposed boatlift; OR
3. Must re -permit the entire dock facility, with the addition of the new proposed boatlift, and
obtain a Certificate of Completion.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
Page 5 of 6
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
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SITE ADDRESS:
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COUNTY AERIAL
Turrell, Hall & Associates, Inc. DESIGNED R ,.
Marine &Environmental Consulting
1 6 6 0 �/ I N LA N � WAY DRAWN BY: �y 21
JOB NO.: 20107.15 a.
3584 Exchange Ave. Suite B. Naples, FL 34104-3732 LOCATION MAP SHEET NO.: 01 OF 0s s.
Email: tunas tumll-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION- 35 TOWNSHIP- 49 S RANGE- 25 E
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NOTES:
- r THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
_ INTENDED FOR CONSTRUCTION USE
_ ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW
SURVEY COURTESY OF -GALLDO GROUP, INC.'
_ • SURVEY DATED' 03-0941
• APPLICANT OWNED SHORELINE (APPX LF). 70'
RIPARIAN EXISTING OVERWATER STRUCTURE (APPX SF): $05
� WIDTH OF WATERWAY, MHW TO MHW (APPX): 13F
LINE TIDAL DATUM:
.. MHw(NAw)= +DAIV
MLw VD - •14Y
1
Tunel 1, Hall &Associates, Inc. DRAWN BY 'RMJ 2.
Marine & Environmental Consulting '1 6 6 0 V I N LA N D WAY CREATED: 08-2�1 3
JOB NO. 2010715 4
3584 Exchange Ave. Suite B. Naples, FL 34104 3732 EXISTING CONDITIONS SHEET NO 02 OF OB 5 _
EB1al1: llIDa�lUIT011-aSSOC1afCS.COm Phone•(239)643-0166 Fax: (239)643-6632 SECTION-35 TOWNSHIP-49S RANGE-25E
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PROPOSED
BOATLIFT
NOTES:
• THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
INTENDED FOR CONSTRUCTION USE.
• ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW
• SURVEY COURTESY OF.-GALLDO GROUP, INC.'
w
SURVEY DATED' 03-09.21
• APPLICANT OWNED SHORELINE [APPX LF): 70'
• EXISTING OVERWATER STRUCTURE (APPX SF): so
• WIDTH OF WATERWAY. MHW TO MHW (APPX). 135,
• TIDAL DATUM:
MHW (NAVD)= i0A4•
« MLW(NAVDp -14T
• PROPOSED OVERWATER STRUCTURE (APPX SF) 505
• TOTAL OVERWATER STRUCTURE (APPX SF)' 505
• TOTAL PROTRUSION FROM MHWL 33-
DESIGNED. JR ,
Terrell, Hall &Associates, Inc. 1 6 6 0 �/ I N LA N � WAY REATEo:: g 24-21 3:
Marine & Environmental Consulting
JOB NO.. 20107.15 4.
3584Exchange Ave. Suite B. Naples, FL34104-3732 BOATLIFT PLAN SHEET NO.: 030FOB 5.
Email:lUnaQlURe11aSSO6atesm Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-35 TOWNSHIP-49S RANGE-25E
43' PROTRUSION FROM PROPERTY LINE
33' FROM MHWL
EXISTING FIXED DOCK
EXISTING
TOP OF
RIPRAP
EXISTING
FLOATING
DOCK
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FROM 6" BELOW SUBSTRATE
TO 12" ABOVE MHW
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SCALE 9NTEE7
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MLW _1.53 LNNA\ D '88)
DEPTHS
VARY
In DESIGNED JR
Terrell, Hall &Associates, Inc. 1660
66O \/ I N LA N ED WAY DRAWN BY RMJ 2.
-�� Marine &Environmental Consulting CREATED' 08-24-21 3.
JOB NO 2010715 14
3584 Exchange Ave. Suite B. Naples, FL 34104-3732 CROSS SECTION SHEET NO 04 OF 0e 15
Email:tun@hmil-asso tes.com Phone: (239) 643-0166 Fax: (239)643.6632 SECTION-35 TOWNSHIP-49S RANGE-25E
SITE ADDRESS:
1660 VINLAND WAY �r1"
NAPLES, FL 34105oil
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NAVIGATION
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NOTE:
THEI DIMENSIONS SHOWN ARE APPROXIMATE :-112ma=
AND ARE TAKEN FROM THE AERIAL IMAGE. ;r..-
�.:
Terrell, Hall &Associates, Inc. DESIGNED' JR ,
Marine & Environmental Consulting 1 6 6 O V I N LA N WAY EATER 8 24.21 ;
JOB NO 2010715 14
11 3584 Exchange Ave. Suite B. Naples, FL 34104-3732 ADJACENT DOCKS SHEET NO. 05 OF 06 5
Email: tlIDB t=1I-associates.e0m Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-35 TOWN SHIP-49S RANGE- 25E
I
SITE ADDRESS:
1660 VINLAND WAY
NAPLES, FL 34105
19
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a 50 +oo 200
SCAzz9NTITT
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TRANSECTS
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PROPERTY LINE
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` NO SEAGRASSES WERE
-k4 OBSERVED GROWING
WITHIN 200 FT OF THE
PROPOSED PROJECT.
DESIGNED. JR
Terrell, Hall &Associates, Inc. 1 6 6 O V I N LA N WAY °RAWN RMJ 2.
Marine & Environmental Consulting JOB NO.: OS-2�+
JOB NO.: 20107.15 4.
3584 Exchange Ave. Suite B. Naples, FL 34104-3732 SUBMERGED RESOURCE SURVEY SHEET NO. .OF 05 5.
Email:llma(a�tunellassceiates.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-35 TOWNSHIP-49S RANGE-25E