The URL can be used to link to this page

HEX Agenda 04/28/2022Collier County Hearing Examiner Page 1 Printed 4/21/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 April 28, 2022 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. April 2022 Collier County Hearing Examiner Page 2 Printed 4/21/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. VA-PL20210002610 - Request for a variance from section 5.03.06.E.6 of the Land Development Code to reduce the required western side setback for a boat dock facility from 7.5 feet to 6.3 feet for a lot with 51.05± feet of water frontage located at 5328 Barefoot Bay Court and is further described as Lot 7, Block A, Barefoot Bay, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 B. Petition No. BDE-PL20210002609 - Request for a 20.3-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 40.3 feet into a waterway that is 156.1 feet wide. The subject property is located at 5328 Barefoot Bay Court and is further described as Lot 7, Block A, Barefoot Bay, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 4. Other Business 5. Public Comments 6. Adjourn 04/28/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. VA-PL20210002610 - Request for a variance from section 5.03.06.E.6 of the Land Development Code to reduce the required western side setback for a boat dock facility from 7.5 feet to 6.3 feet for a lot with 51.05± feet of water frontage located at 5328 Barefoot Bay Court and is further described as Lot 7, Block A, Barefoot Bay, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 04/28/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 04/06/2022 6:16 PM Submitted by: Title: – Zoning Name: Mike Bosi 04/06/2022 6:16 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 04/06/2022 11:23 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 04/07/2022 2:07 PM Zoning Ray Bellows Review Item Completed 04/07/2022 3:57 PM Zoning Mike Bosi Zoning Director Review Completed 04/07/2022 4:14 PM Hearing Examiner Andrew Dickman Meeting Pending 04/28/2022 9:00 AM 3.A Packet Pg. 3 VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 1 of 6 April 5, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: APRIL 28, 2022 SUBJECT: VA-PL20210002610, 5328 BAREFOOT BAY COURT, COMPANION TO BDE-PL20210002609; ROSENBERG DOCK _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Marc J. Rosenberg and Angela M. Rosenberg Mark Oreus 5328 Barefoot Bay Ct. Greg Orick II Marine Construction, Inc. Bonita Springs, FL 34134 2815 Bayview Dr. Naples, FL 34112 REQUESTED ACTION: The petitioner requests a variance from Section 5.03.06.E.6 of the Collier County Land Development Code (LDC), to reduce the required eastern side/riparian setback for dock facilities on lots with water frontage of less than 60 feet from 7.5 feet to 6.3 feet, for a lot with 51.05± feet of water frontage for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 5328 Barefoot Bay Court and is further identified as Lot 7, Block A, Barefoot Bay, in Section 6, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.1± acres, improved with a single-family dwelling, located within a Residential Single-Family-5 (RSF-5) Zoning District. The applicant desires to replace the existing single-slip boat docking facility with a two-slip docking facility that is the subject of a companion Boat Dock Extension petition; BDE-PL20210002609. The proposed boat docking facility will encroach 1.2 feet into the required 7.5-foot western side/riparian setback; the eastern side setback will be satisfied. The subject property abuts a platted 10-foot conservation easement and natural mangrove shoreline. 3.A.a Packet Pg. 4 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 2 of 6 April 5, 2022 3.A.a Packet Pg. 5 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 3 of 6 April 5, 2022 SURROUNDING LAND USE & ZONING: North: Barefoot Bay Court (Right-of-Way) then cul-de-sac located within a Residential Single- Family-5 (RSF-5) zoning district South: A portion of Little Hickory Bay located within a Rural Agricultural District located within a Special Treatment Overlay (A-ST), then a portion of Little Hickory Bay located within the Lely Barefoot Beach PUD, followed by a single-family residential component of said PUD East: Single-family residence located within an RSF-5 zoning district West: Single-family residence located within an RSF-5 zoning district Collier County GIS GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Designation, Urban Residential Subdistrict, land use classification and is within the Coastal High Hazard Area on the County’s Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home, and mixed-use projects. As previously noted, the subject petition seeks a variance for a proposed single-family boat dock facility which is an authorized use within this land use designation, therefore, the use is consistent with the FLUM. 3.A.a Packet Pg. 6 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 4 of 6 April 5, 2022 The GMP does not address individual variance requests; the Plan deals with the larger issue of the actual land use. ZONING ANALYSIS: The applicant initially submitted their request believing that the required side/riparian setback was 15-feet; however, after further evaluation, it was determined the subject property has only 51.05± feet of water frontage thus requiring a 7.5-foot side/riparian setback. As proposed, the subject dock facility will satisfy the side setback on the east side but will encroach 1.2 feet into the western side setback. With respect to the Conservation Easement, a letter was received from Conservancy of Southwest Florida finding the proposed dock to be consistent with the Settlement Agreement that required it as long as the access ramp and/or walkway is no more than 4-foot wide; see Attachment D. The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The shape of the subject property shoreline and the fact it is a natural mangrove shoreline that cannot be removed or altered due to an overlaid Conservation Easement are the driving factors for this Variance request. The applicant’s vessel, natural shoreline, shape of shoreline, and related riparian line locations create a pie shape buildable area that required the dock to protrude further out into the subject waterway. The applicant is opting to use a shore perpendicular design as opposed to a shore parallel design to compensate for the conditions; however, finds the proposed facility will still encroach slightly into the eastern setback. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes. As stated above, the property’s natural shoreline, shape of the shoreline, and Conservation Easement necessitated the additional protrusion (Subject of companion BDE) due to the pie-shaped riparian lines. The proposed dock has been designed to compensate for the above and to accommodate the desired vessel size. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant’s agent states: “Yes, the denial of the Variance petition would not allow the owner to store any of their vessels at their property safely with the proposed dock and boat lifts.” Staff agrees that a literal interpretation of the Code would compel a smaller dock, 3.A.a Packet Pg. 7 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 5 of 6 April 5, 2022 thereby creating practical difficulties for the applicant with respect to allowing two boat slips. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The applicant’s agent states: “Yes. The proposed docking facility has been reduced to the minimum size and still provide safe access. Also, the proposed docking facility is consistent with the other docking facilities along this shoreline as well as within the Little Hickory Bay that have been previously granted BDE’s and some side yard setback variances.” Staff agrees that the proposed dock has been designed to eliminate excess decking and that the 4-foot finger pier portion does not allow sufficient space for routine maintenance and safe loading/unloading of vessels thus necessitating the wider portion near the shoreline. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. However, other properties facing a similar situation are entitled to make a similar request and would be conferred equal consideration on a case-by- case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The granting of the subject variance request will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The subject docking facility is uniquely situated and compensates for existing dock facilities as well as an existing Conservation Easement and maintains the integrity of the natural mangrove shoreline. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: 3.A.a Packet Pg. 8 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) VA-PL20210002610; 5328 Barefoot Bay Ct - Rosenberg Page 6 of 6 April 5, 2022 The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: Companion Petition No. BDE-PL20210002609, to allow the proposed boat dock facility to protrude a total of 40.3 feet into a waterway that is 156.1± feet wide. PUBLIC NOTICE: Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property and the Barefoot Bay Property Owners Association on March 22, 2021, as evidenced by an executed Affidavit of Compliance contained within Attachment C. Notice of the Hearing Examiner hearing was provided by newspaper advertisement, mailed notice to owners within 500 feet of the site, and posting of a public notice sign on the site at least 15 days prior to the hearing. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA- PL20210002610 to reduce the minimum east side/riparian setback from 7.5 feet to 6.3 feet, thereby allowing for the construction of the dock facility depicted within Attachment s A and B, for the benefit of the subject property. Attachments: A. Dock Site Plan B. Proposed Dock and Site Survey C. Public Hearing Sign Posting D. Applicant’s Backup: Application, Narrative, Agent Letter Info E. HEX Hybrid Meeting Waiver 3.A.a Packet Pg. 9 Attachment: Staff Report 04052022 (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Dock Site Plan 3.A.b Packet Pg. 10 Attachment: Attachment A - Dock Site Plan (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Wayne D. Agnoli, R. S. M.Digitally signed by Wayne D. Agnoli, R. S. M.DN: E=agnoliw@abbinc.com, CN="Wayne D. Agnoli, R. S. M.", O="Agnoli, Barber & Brundage, Inc.", L=Naples, S=Florida, C=USDate: 2022.01.05 16:17:51-05'00'3.A.cPacket Pg. 11Attachment: Attachment B - Proposed Dock and Site Survey (21891 : PL20210002610 VA 5328 Barefoot 3.A.cPacket Pg. 12Attachment: Attachment B - Proposed Dock and Site Survey (21891 : PL20210002610 VA 5328 Barefoot 3.A.dPacket Pg. 13Attachment: Attachment C - Sign Posting (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.dPacket Pg. 14Attachment: Attachment C - Sign Posting (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.dPacket Pg. 15Attachment: Attachment C - Sign Posting (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.dPacket Pg. 16Attachment: Attachment C - Sign Posting (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358 4/27/2018 Page 1 of 6 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90 Chapter 3 J. of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: _________________________City: ________________ State: _______ ZIP: ________ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ Name of Agent: __________________________________________________________ Firm: _________________________________________________________________________ Address: ___________________________City: ________________ State: _______ ZIP: ______ Telephone: ____________________ Cell: ___________________ Fax: ____________________ E‐Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff ROSENBERG, MARC J & Angela M 5328 BAREFOOT BAY CT Bonita Springs Fl 34134 239-949-5588 Permits@orickmarine.com _____Mark O_reus , Bill Nelson Greg Orick II Marine Construction 2815 Bayview Dr Naples Fl 34112 239-949-5588 permits@orickmarine.com 3.A.e Packet Pg. 17 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 2 of 6 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: ____________________ Section/Township/Range: / / Subdivision: _____________________________________ Unit: _____Lot: Block: Metes & Bounds Description: __________________________________ Total Acreage: ______ Address/ General Location of Subject Property: ______________________________________ ______________________________________________________________________________ ADJACENT ZONING AND LAND USE Zoning Land Use N S E W Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes No Side: Waterfront Lot: Yes No Rear: Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 3.A.e Packet Pg. 18 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)22899000228 06 48 25 176150-Barefoot Bay 7 A .1 5328 Barefoot Bay Court, Bonita Springs, FL - Just South of Bonita Beach Road SW and East of Barefoot Beach Blvd, on Barefoot Bay Ct. 54750201008 - LELY BAREFOOT BEACH UNIT ONE TRACT "R" OR 1308 PG 231 94 - RIGHT-OF-WAY, STREETS, ROADS, IRRIGATION N/A Little Hickory Bay 22899000244 - BAREFOOT BAY BLK A LOT 8 1 - SINGLE FAMILY RESIDENTIAL 22899000202 - BAREFOOT BAY BLK A LOT 6 1 - SINGLE FAMILY RESIDENTIAL n 7.5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 3 of 6 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. 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 Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____ NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1.A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing prin cipal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3.Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a)Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 3.A.e Packet Pg. 19 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)Lely Barefoot Beach Master Association 195 Barefoot Beach POA Unit 1 Bonita Springs FL 34134 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 4 of 6 b)Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d)Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e)Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g)Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h)Will granting the variance be consistent with the Growth Management Plan? 4.Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. 3.A.e Packet Pg. 20 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)n COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 4/27/2018 Page 5 of 6 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 Deeds/Legal’s 3 Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. •Please contact the project manager to confirm the number of additional copies required. 3.A.e Packet Pg. 21 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)41 4 4 4 4 4 4 4 4 4 4 4 4 4 1 1 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: □ Bayshore/Gateway Triangle Redevelopment: □ Historical Review Executive Director n City of Naples: Robin Singer, Planning Director □ lmmokalee Water/Sewer District □ Conservancy of SWFL: Nichole Ryan □ Parks and Recreation: David Berra □ Emergency Management: Dan Summers; and/or □School District (Residential Components): Amy □ EMS: Artie Bay Other: Pre-Application Meeting: $500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 Lockheart □ FEE REQUIREMENTS o 5 th and Subsequent Review-20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey {if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: fu Mark O Printed Name 4/27/2018 Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 �1/11/2022 Date Page 6 of 6 x Environmental xx x x reus 3.A.e Packet Pg. 22 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) License #C28961 Tuesday, January 11, 2022 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re: PL20210002609 5328 Barefoot Bay Ct To Whom It May Concern, Please find attached a request for a variance for a proposed single-family docking facility located at 5328 Barefoot Bay Ct, Bonita Springs, Florida 34134. The property is located on the northwest side of Little Hickory Bay. The subject property is located within Section 06, Township 48 East, and Range 25 South in Collier County and can be identified by folio #722899000228. The proposed project scope consists of constructing a new fixed dock with two boat lifts. The proposed dock will provide a 6.3’ setback off the western riparian line and only a 8.4’ setback from the eastern riparian line. The required side yard setbacks with Collier County are 7.5-feet on both east and west sides. The proposed project does not meet the minimum on the west side. Therefore, a request for a variance from the LDC Section 5.03.06.E.6 to reduce the side yard setback requirement from 7.5-feet to 6.3-feet on the western riparian for the proposed docking facility located at Lot 7, Barefoot Bay Blk A subdivision, also known as 5328 Barefoot Bay Ct in Section 06, Township 48 East, and Range 25 South in Collier County, Florida. The shape of the subject property shoreline and the fact it is a natural mangrove shoreline which cannot be removed or altered due to the overlaid Conservation Easement and mangrove line are the driving factors for this variance request. The applicant’s vessel, natural shoreline, shape of shoreline, associated riparian line locations creating a pie shape build able area that requires the dock to protrude further out into the subject waterway. That is why the subject dock does not meet the required side yard setback on the west side. Please see uploaded documents for additional information and measurements. If you have any questions, please contact me via email (Permits@Orickmarine.com) or at the office number in the footer. 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com www.orickmarine.com 3.A.e Packet Pg. 23 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3.A.e Packet Pg. 24 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)ROSENBERG, MARC J=& ANGELA M ,5328 BAREFOOT BAY CT 100 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: 3.A.e Packet Pg. 25 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 26 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 27 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 28 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _ _f>....uL.1,.2.!.!.,02,u)..!.!0.!.!!00,u.2�6.,ulQj__ __________________ _ I, MARC ROSENBERG (print name). as owNER (title, if applicable) of 5326 BAREFOOT eAvcr (company, l�licable), swear or affirm under oath. that I am the (choose one) owner� applicant Ocontract purchaserLJand that •Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions onthe referenced property as a result of any action approved by the County in accordance with thisapplication and the Land Development Code:2.All answers to the questions in this application and any sketches, data or other supplementary matterattached hereto and made a part of this application are honest and true;3.I have authorized the staff of Collier County to enter upon the property during normal working hoursfor the purpose of investigating and evaluating the request made through this application; and that4.The property will be transferred, conveyed. sold or subdivided subject to the conditions andrestrictions imposed by the approved action.5.We/I authorize GREG ORICK II MARINE cONSTRucr,oN to act as our/my representative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "generalpartner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance. first determine the applicant's status. e.g., individual, corporate, trust, partnership, and thenuse the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. c--��-�-- Signat■re . 7 STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of IE] physical presence or O online notarization this _lS_ day of u»\� , 20..)1, by (printed name of owner or qualifier) l:'\o.r c Re>3C.n bc.c'j Such person(s) Notary Public mu st check applicable box: IEJ Are personally known to me 0 Has produced a current drivers l icense ______ _ 0 Has produced m Notary S�nature i-/4if!j Cl'\08-CO:\-001 l!I\ISS RE\' .J/J/lO:?O as identification. 3.A.e Packet Pg. 29 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ______________________ _ I, Angela Rosenburg (print name), as OWNER (title, if applicable) of s32a BAREFOOT BAY cT ( company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicantOcontract purchaserOand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5.We/I authorize GREG O RICK II MARINE CONSTRUCTION to act as our/my repr esentative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a ·limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. �� STATE OF FLORIDA COUNTY OF COLLIER 1/6/2022 Date The foregoing instrumen t was ackn owleged before me by means of [E1j physical presence or O onlin e notarization this ._6_ day of January , 20..::_, by (printed name of owner or qualifier) _An_g_e_ia_R_os_e,_,b_L"_9 ________ _ Such person(s) Notary Public must check applicable box: [El Are personally known to me 0 Has produced a current drivers license -------. D Has produced � as identification. Nola,yS;goatmec� � CP\08-COA-001 I 5\155 REV 3/4/2020 PL20210002610 3.A.e Packet Pg. 30 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 T48, R25, S06 name not yet approved 3.A.e Packet Pg. 31 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)n BAREFOOT BAY BLK A LOT 7 22899000228 5328 BAREFOOT BAY CT, BONITA SPRINGS FL 34134 MARC ROSENBERG - 5328 BAREFOOT BAY CT COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 10/13/2021 22899000228 3.A.e Packet Pg. 32 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock)n GREG ORICK II MARINE CONSTRUCTION 239-949-5588 PERMITS@ORICKMARINE.COM 3.A.e Packet Pg. 33 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 34 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ Dock Site Plan 3.A.e Packet Pg. 35 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct 3.A.e Packet Pg. 36 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) License #C28961 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com www.orickmarine.com Tuesday, January 11, 2022 Mailing Address (TBD) Naples, FL (TBD) To Whom It May Concern: Please be advised that the sender has made a formal application to Collier County for a variance, PL20210002610, from the requirements of the zoning regulations as they apply to the following described property: BAREFOOT BAY BLK A LOT 7 in Section 6, Township 48 South, Range 25 East, Collier County, Florida Also Known As: 5328 Barefoot Bay Ct, Folio: 22899000228 It is our intent to ask the County to allow us to reduce the minimum side setback from the Western riparian line from 7.5 feet to 6.3 feet to accommodate the proposed docking facility and associated boatlifts. If you have any questions or concerns, please feel free to contact Greg Orick II Marine Construction using the contact information listed below. Best Regards, Greg Orick II President Greg Orick II Marine Constriction Inc Info@Orickmarine.com 3.A.e Packet Pg. 37 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 1NAME1NAME2NAME3NAME4NAME5NAME6FOLIOADDRESSTYPEASKAR, KOUSAY 1231 GALLEON DRNAPLES, FL 34102---0 22899000260 UBAREFOOT BAY INVESTMENTS LLC 300 SPRUCE ST STE 110COLUMBUS, OH 43215---0 22899000121 UBAREFOOT BAY PROPERTY OWNERS ASSOCIATION INC % GUARDIAN PROPERTY MGMT 6704 LONE OAK BLVD NAPLES, FL 34109---0 22899000040 UBAREFOOT BAY PROPERTY OWNERS ASSOCIATION INC % GUARDIAN PROPERTY MGT 6704 LONE OAK BLVD NAPLES, FL 34109---0 22899000024 UBAREFOOT BAY PROPERTY OWNERS ASSOCIATION INC % GUARDIAN PROPERTY MGT 6704 LONE OAK BLVD NAPLES, FL 34109---0 22899000066 UBAREFOOT BAY PROPERTY OWNERS ASSOCIATION INC %GUARDIAN PROPERTY MGT 6704 LONE OAK BLVD NAPLES, FL 34109---0 22899000082 UBAREFOOT BEACH MASTER ASSN INC % ABILITY MANAGEMENT 6736 LONE OAK BLVDNAPLES, FL 34109---0 54750201008 UCOWGER REVOCABLE TRUST 5344 BAREFOOT BAY CTBONITA SPRINGS, FL 34134---0 22899000147 UDOUGLAS R OEHLER IRREV TRUST 6161 GEORGES WAYCINCINNATI, OH 45233---0 74435007109 UGOLDBERG, DANIEL B 5324 BAREFOOT BAY CTBONITA SPRINGS, FL 34134---0 22899000244 UKIESGEN, GARY A & DEBORAH J 572 OAKBRIDGE DRROCHESTER, MI 48066---0 22899000202 UPRUNSKY TR, BARBARA B3 TRUST 12649 W REGAN RDMOKENA, IL 60448---8292 22899000189 UROGER L BRANDLE REV TRUST 5340 BAREFOOT BAY COURTBONITA SPRINGS, FL 34134---0 22899000163 UROSENBERG, MARC J & ANGELA M 5328 BAREFOOT BAY CTBONITA SPRINGS, FL 34134---6501 22899000228 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20210002610 | Buffer: 150' | Date: 3/21/2022 | Site Location: 22899000228POList_150.xls3.A.ePacket Pg. 38Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct 3.A.e Packet Pg. 39 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 40 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 41 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 42 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) License #C28961 Tuesday,January 11, 2022 Re: Nature of Petition 1.A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The subject property currently does contain a docking facility built in 2004 (0304-0047). The proposed work will entail the construction of a new designed docking facility with two boatlifts which will protrude 40.3’ from the most restrictive point (MHWL) out into a section of waterbody which is Little Hickory Bay. It will be built outward to the existing shoreline and due to the design and mangrove overhang from shore a BDE has been applied for alongside this VA. This variance petition seeks to reduce the riparian line setback on the west side of the proposed dock from the required 7.5-feet to 6.3-feet. The subject property is zoned Residential Single-Family 6 within the Barefoot Bay residential community with a single-family residence currently on the uplands (permit number 0108-0909) and per the Collier County LDC a docking facility is allowed but requires 7.5-foot setbacks from both riparian lines. The shape of the subject property shoreline and the fact it is a natural mangrove shoreline which cannot be removed or altered due to the overlaid Conservation Easement are the driving factors for this variance request. The applicant’s vessel, natural shoreline, shape of shoreline, associated riparian line locations creating a pie shape buildable area requires the dock to protrude further out into the subject waterway. That is why the subject dock does not meet the required side yard setback on the west side. This was the only design that would allow for safe navigation of waterway while still allowing for property owners vessels to safely be stored and not imposing on the egress/ingress of neighboring docks. This design was also placed to allow for as little impact to mangroves and any critical habitats in the area. 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com 3.A.e Packet Pg. 43 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com 2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The proposed design will only go through the mangrove at a maximum of 4-feet wide which is what dock access is allowed through a Conservation Easement. There will be no dredging on the entire proposed project. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a)Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes,The curve shaped shoreline limits what proposed docking facility can be introduced, additionally the conservation easement and presence of mangroves add even more of a restriction. Also with the presence of the docks at both neighboring properties, the property owner is very limited in which direction they can access the docking facility without causing any navigational issues. b)Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, As stated above, the property’s natural shoreline, shape of shoreline, and Conservation Easement on the shoreline requires additional protrusion due to the pie shape riparian lines. Due to these factors and the property owners vessel size, these are the special conditions driving this side yard setback variance request. c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, The denial of the Variance petition would not allow the owner to store any of their vessels at the property safely with the proposed Dock design and boat lifts. d)Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, or welfare. Yes. The proposed docking facility has been reduced to the minimum size and still provide safe access. Also, the proposed docking facility is consistent with the other docking facilities along this shoreline as well as within Little Hickory Bay that have been previously granted BDE’s and some side yard setback variances 3.A.e Packet Pg. 44 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) License #C28961 2815 Bayview Dr ● Naples, FL 34112 Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com www.GregOrickMarineConstruction.com e)Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. Several of the neighboring lots already contain similar docking facilities that also required a BDE and setback variances. f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, The variance is for a single-family docking facility that will not affect the functionality of any surrounding lots but allow this property to be consistent with the others along the same subject shoreline. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The variance will allow the redesign of a private single-family docking facility, which will allow no impact to the natural mangrove shoreline within the Conservation easement. g)Will granting the variance be consistent with the Growth Management Plan? Yes. Besides the dock’s side setbacks and protrusion, all other design criteria will be met. 3.A.e Packet Pg. 45 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 3.A.e Packet Pg. 46 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : 3.A.e Packet Pg. 47 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 3.A.e Packet Pg. 48 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 January 11, 2022 Mr. Mark Oreus Permit Technician Greg Orick Marine Construction, Inc. 2815 Bayview Drive, Naples, FL 34112 Sent via email RE: Proposed Dock at 5328 Barefoot Bay Ct. Dear Mr. Oreus: Thank you for sending us the boat dock extension application package for 5328 Barefoot Bay Ct. for review. Pursuant to the Settlement Agreement between the Conservancy, Lely Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the Conservancy must be notified of any proposed construction activities within the conservation easement. Upon review of the site plan surveys dated January 3, 2021 (note: The survey map Page 1 is dated January 3, 2022, but survey map Page 2 is dated January 3, 2021 on the version the Conservancy reviewed) from Agnoli Barber & Brundage Inc. and the county application package for the dock extension, we do not see any inconsistencies with the plan in regards to the easement or settlement agreement. Per the settlement agreement, an access ramp or walkway through the conservation easement is permissible provided that the ramp or walkway is consistent with the DEP permits and it does not exceed 4 feet in width. Sincerely, Nicole Johnson Director of Environmental Policy 3.A.e Packet Pg. 49 Attachment: Attachment D - HEX Backup FINAL (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) COWER IDUNTY GOVERNMENT GROWYH MANAGEMENT OEPARTMENT www.coflierwunr,fl.gov 2800 NORTH HORSESHOE ORIVE NAPLES, FLORDA 34104 {239) 252-2400 FAX: (239l 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Eme-rgency/he<:Utive-Or� 2020-04 Hearing of tM Colller County Hearing Examiner For Petition Number(sl: _________________________ _ Regard wig the above subject petition nlfflbef'{sl, Marc Roserot>erg (Name of Applic3ntj elects to proceed d...-i� the dedared emergency with hybrid virtual public hearing of the CoMierCounty Hearing Examwier, and waives the r.:ht to contest any procedural irregularity due to the hybrid virtual natured the pub fie heari�. Name: Ma,c Aosenbefg Date: 312812022 � .... �., c/� '2j Applicant• D leg.ti Counsel to Applicant * T_his form must be signed by either the Applicant {if the applicant is a corporate entity, this must be an offteer of the corporat.e entity) or the legal munsel to the Appficant. PL20210002610 3.A.f Packet Pg. 50 Attachment: Attachment E - HEX Hybrid Meeting Waiver (VA) (21891 : PL20210002610 VA 5328 Barefoot Bay Ct Rosenberg Dock) 04/28/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. BDE-PL20210002609 - Request for a 20.3-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 40.3 feet into a waterway that is 156.1 feet wide. The subject property is located at 5328 Barefoot Bay Court and is further described as Lot 7, Block A, Barefoot Bay, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 04/28/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 04/06/2022 6:19 PM Submitted by: Title: – Zoning Name: Mike Bosi 04/06/2022 6:19 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 04/06/2022 11:20 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 04/07/2022 2:08 PM Zoning Ray Bellows Review Item Completed 04/07/2022 3:55 PM Zoning Mike Bosi Zoning Director Review Completed 04/07/2022 4:09 PM Hearing Examiner Andrew Dickman Meeting Pending 04/28/2022 9:00 AM 3.B Packet Pg. 51 BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 1 of 8 April 6, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: APRIL 28, 2022 SUBJECT: BDE-PL20210002609, 5328 BAREFOOT BAY COURT, COMPANION TO VA-PL20210002610; ROSENBERG DOCK _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Marc J. Rosenberg and Angela M. Rosenberg Mark Oreus 5328 Barefoot Bay Ct. Greg Orick II Marine Construction, Inc. Bonita Springs, FL 34134 2815 Bayview Dr. Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 20.3-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, for a total protrusion of 40.3 feet into a waterway that is 156.1± feet wide, for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 5328 Barefoot Bay Court and is further identified as Lot 7, Block A, Barefoot Bay, in Section 6, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.1± acres, with 51.05± feet of water frontage, that has been improved with a single-family dwelling located within a Residential Single-Family-5 (RSF-5) Zoning District. The applicant desires to replace an existing single-slip shore parallel boat docking facility with a shore perpendicular docking facility with two slips; one slip with a boat lift for a 25-foot vessel and the other with a platform lift for two 11-foot personal watercraft. As designed, the proposed dock facility will protrude 40.3± feet from the Mean High-Water Line (MHWL) (Continued on Page 3) 3.B.a Packet Pg. 52 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 2 of 8 April 6, 2022 3.B.a Packet Pg. 53 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 3 of 8 April 6, 2022 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1): which also serves as the platted property line. This subject BDE is requested to accommodate the desired dock design, vessel size, a natural mangrove shoreline, and a platted 10-foot Conservation Easement that exists landward of the MHWL for which the Conservancy of Southwest Florida has provided a letter finding the proposed dock to be consistent with the Settlement Agreement that required it, as long as the access ramp and/or walkway is no more than 4-foot wide; see Attachment E). The proposed boat dock facility will satisfy the required 7.5 -foot side/riparian setback to the east however will encroach 1.2 feet into the required 7.5-foot western side/riparian setback for which a companion Variance petition (VA-PL20210002610) has been submitted. SURROUNDING LAND USE & ZONING: North: Barefoot Bay Court (Right-of-Way) then cul-de-sac located within a Residential Single- Family-5 (RSF-5) zoning district South: A portion of Little Hickory Bay located within a Rural Agricultural District located within a Special Treatment Overlay (A-ST), then a portion of Little Hickory Bay located within the Lely Barefoot Beach PUD, followed by a single-family residential component of said PUD East: Single-family residence located within an RSF-5 zoning district West: Single-family residence located within an RSF-5 zoning district Collier County GIS 3.B.a Packet Pg. 54 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 4 of 8 April 6, 2022 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is in a ST overlay zone, which will require an ST-permit for the proposed docking facilities prior to issuance of the building permits. The proposed docking facilities will be constructed waterward of the existing mangrove shoreline. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Submerged Resources Survey (SRS-EIA) sheet 4 of 4 provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within an RSF-5 zoning district for which the LDC lists private docks and boathouses are an allowable accessory use subject to LDC Section 5.03.06. Said property is an irregular shaped lot with 51.05± feet of water frontage. The proposed boat docking facility has two slips, each with a boat lift, one for a 25-foot vessel and the other to accommodate two 11-foot personal watercraft. The proposed dock facility will replace an existing dock facility that required an 8-foot BDE that was approved by the Collier County Planning Commission in 2003 (CCPC Resolution No. 02-10); see Attachment D. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) 3.B.a Packet Pg. 55 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 5 of 8 April 6, 2022 Criterion met. The existing shallow natural mangrove shoreline, further restricted by a 10- foot Conservation Easement, make it impossible to moor a vessel at Mean Low Water without a boat dock extension as is demonstrated in the attached bathymetric survey and cross-section contained within Attachments B and E. 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 traffi c in the channel.) Criterion met. The applicant states that the proposed dock and lifts have been designed not to impede navigation and that protrusions are consistent with neighboring docks along the shoreline. Said boat dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The applicable waterway is 156.1± feet wide as measured from MHWL to MHWL, the requested protrusion is 40.3± feet; therefore, the proposed dock facility will occupy 25.8 percent of the waterway which leaves 74.2 percent of the waterway open for navigation. The residence on the opposite shoreline is allowed a single dock facility; said facility is located at a location that will not further decrease the available thread of 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.) Criterion met. The applicant’s agent states: “Proposed dock extension does not interfere with neighboring docks as shown in the aerial drawing. The Neighboring dock to the West egress/ingress on their boatlift is parallel to their shoreline and the neighbor to the east dock and boat lift is located mainly on the east side of their property allowing easy launching.” Staff does not entirely support the claims with respect to the property to the west which is also directly impacted by the companion variance request; however, it is noted that the petitioner has obtained a “Letter of Concurrence for Setback Waiver” from both adjoining property owners indicating they are fully aware of and have no objections to the proposed dock facility; see Attachment E. Staff notes that said letters were obtained in response to State of Florida requirements. Given said letters, Zoning Staff is compelled to find that this criterion has been satisfied. 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 3.B.a Packet Pg. 56 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 6 of 8 April 6, 2022 proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant’s agent states the following: “The proposed dock facility is in an area of Little Hickory Bay that has well-developed mangroves that extend many feet beyond the county allowed dock protrusion of 20’. Also, due to the narrow shoreline configuration and presence of existing neighboring docks, a boat can only come in perpendicular to the shoreline. The proposed boat is 25’ long, which is a typical size boat for the area, so it would protrude past the allowable 20’ when docking perpendicular to the shoreline.” Zoning staff concurs and notes that the recorded Conservation Easement extends 10 feet landward of the MHWL and requires the docking facility to be waterward of the mangrove fringe; together with the shape of the property’s shoreline qualify as special conditions not related to water depth. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant’s agent states: “Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. The design of the Proposed boat dock is for one dry slip recreational vessel, and one kayak/PWC lift to be maintained safely without incidence.” Zoning Staff concurs and notes that the 4-foot walkways are required to transgress that Conservation Easement; the wider portions of the proposed dock facility are necessary for the staging of passengers and equipment required for maintenance. 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.) Criterion not met. The subject property has 51.05± feet of water frontage; vessels to be docked at this facility include a 25-foot vessel and two 11.7-foot personal watercraft with a combined measurement of 48.4 feet. 4. Whether the proposed facility would have a m ajor impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock has been designed within the designated riparian lines and is consistent with the existing docks along the subject shoreline. Additionally, as the subject property is located within the Coast High Hazard Area, as per the Future Land Use Map (FLUM), most residences are constructed well above grade with the habitable ar ea being over parking. 3.B.a Packet Pg. 57 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 7 of 8 April 6, 2022 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.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawalled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with five of the five primary criteria and four of the six secondary criteria with the sixth criterion being not applicable. CONCURRENT LAND USE APPLICATIONS: Companion Petition No. VA-PL20210002610 for dock side/riparian a setback reduction on the east side from 7.5 feet to 6.3 feet. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20210002609, to allow for the construction of the proposed dock facility as depicted within the plans contained within Attachments A and B, with the following condition: 1. Companion Petition No. VA-PL20210002610 must be approved for the subject dock facility to be constructed within the setbacks provided herein; absent such approval, this BDE is rendered null and void. Attachments: 3.B.a Packet Pg. 58 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) BDE-PL20210002609; 5328 Barefoot Bay Ct - Rosenberg Page 8 of 8 April 6, 2022 A. Dock Plans and Cross Section B. Site Plan and Proposed Dock Survey C. Public Hearing Sign Posting D. CCPC Resolution No. 02-10 E. Applicant’s Backup, application and supporting documents F. Hybrid Meeting Waiver 3.B.a Packet Pg. 59 Attachment: Staff Report 04062022 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.b Packet Pg. 60 Attachment: Attachment A - Dock Plans and Cross-Section (21892 : PL20210002609 BDE 5328 Barefoot Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/16/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.b Packet Pg. 61 Attachment: Attachment A - Dock Plans and Cross-Section (21892 : PL20210002609 BDE 5328 Barefoot Dock Cross Section Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.b Packet Pg. 62 Attachment: Attachment A - Dock Plans and Cross-Section (21892 : PL20210002609 BDE 5328 Barefoot Wayne D. Agnoli, R. S. M.Digitally signed by Wayne D. Agnoli, R. S. M.DN: E=agnoliw@abbinc.com, CN="Wayne D. Agnoli, R. S. M.", O="Agnoli, Barber & Brundage, Inc.", L=Naples, S=Florida, C=USDate: 2022.02.16 08:54:14-05'00'3.B.cPacket Pg. 63Attachment: Attachment B - Site Plan Survey (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct 3.B.cPacket Pg. 64Attachment: Attachment B - Site Plan Survey (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct 3.B.cPacket Pg. 65Attachment: Attachment B - Site Plan Survey (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct 3.B.dPacket Pg. 66Attachment: Attachment C - Sign Posting (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.dPacket Pg. 67Attachment: Attachment C - Sign Posting (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.dPacket Pg. 68Attachment: Attachment C - Sign Posting (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.dPacket Pg. 69Attachment: Attachment C - Sign Posting (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.e Packet Pg. 70 Attachment: Attachment D - CCPC Resolution 02-10 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.e Packet Pg. 71 Attachment: Attachment D - CCPC Resolution 02-10 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.e Packet Pg. 72 Attachment: Attachment D - CCPC Resolution 02-10 (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 1 of 6 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: _________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Name of Agent(s): ______________________________________________________________ Firm: _________________________________________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ PROPERTY LOCATION Section/Township/Range: / / Property I.D. Number: __________________ Subdivision: _____________________________________Unit: Lot: Block: Address/ General Location of Subject Property: _____________________________________________________________________________ Current Zoning and Land use of Subject Property: _____________________________________________________________________________ To be completed by staff 3.B.f Packet Pg. 73 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)ROSENBERG, MARC J & Angela M 5328 BAREFOOT BAY CT BONITA FL 34134 239-949-5588 permits@orickmarine.com Bill Nelson, Mark Oreus Greg Orick II Marine Construction 2815 Bayview Dr Naples FL 34112 239-949-5588 permits@orickmarine.com 06 48 25 22899000228 176150-Barefoot Bay 7 A 5328 Barefoot Bay Court, Bonita Springs, FL - Just South of Bonita Beach Road SW and East of Barefoot Beach Blvd, on Barefoot Bay Ct. 1 - SINGLE FAMILY RESIDENTIAL COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 2 of 6 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SITE INFORMATION 1. Waterway Width: _______ ft. Measurement from plat survey visual estimate other (specify) 2. Total Property Water Frontage: _______ ft. 3. Setbacks: Provided: _______ ft. Required: _______ ft. 4. Total Protrusion of Proposed Facility into Water: _______ ft. 5. Number and Length of Vessels to use Facility: 1. _______ ft. 2. _______ ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: __________________________________________________________________________________ __________________________________________________________________________________ 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? _______ Acres 3.B.f Packet Pg. 74 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)54750201008 - LELY BAREFOOT BEACH UNIT ONE TRACT "R" OR 1308 PG 231 94 - RIGHT-OF-WAY, STREETS, ROADS, IRRIGATION N/A Little Hickory Bay 22899000244 - BAREFOOT BAY BLK A LOT 8 1 - SINGLE FAMILY RESIDENTIAL 22899000202 - BAREFOOT BAY BLK A LOT 6 1 - SINGLE FAMILY RESIDENTIAL Replacing existing dock facility as shown on aerial with 358 sqft decked area (307 sqft over water) with 1 boat lift and 1 Platform Kayak/PWC lift extending 20.3' past the 20' allowable for a total dock protrusion of 40.3' 156.1 51.05 15' left/15' right 6.3' left/8.4' right 40.3 25' 2 ea. 11' long KayakPWC 74435007206 - 173 TOPANGA DR - 42' Protrusion 74435007303 - 175 TOPANGA DR - 31' Protrusion 0.1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 3 of 6 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 3.B.f Packet Pg. 75 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 4 of 6 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 3.B.f Packet Pg. 76 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 77 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 78 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3.B.f Packet Pg. 79 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)ROSENBERG, MARC J=& ANGELA M ,5328 BAREFOOT BAY CT 100 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: 3.B.f Packet Pg. 80 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 81 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _.uPLi...2..i.0""'21uO!l.l.0.1.1,02.i.6c.L09z__ _________________ _ I, MARC ROSENBERG (print name), as OWNER (title, if applicable) of 532e BAREFOOT BAY CT (company, l�licable), swear or affirm under oath, that I am the (choose one) owner[2] applicant Ocontract purchaserL_Jand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this applic ation and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true:3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application: and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed b y the approved action. 5.We/I authorize GREG ORICK II MARINE CONSTRUCTION to act as our/my representative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership. then the general partner must sign and be identified as the ·general partner' of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. /. �-v-,--7 Signat■re STATE OF FLORIDA COUNTY OF COLLIER ./ Date The foregoing instrument was acknowleged before me by means of (El physical presence or Oonline notarization this .JS... day of o1..\ia , 20.)j_, by (printed name of owner or qualifier) tl\o.r c. Rolen bcs:'j Such person(s) Notary Public must check applicable box: [El Are personally known to me D Has produced a current drivers license ______ _ 0 Has produced m Nola� s;gnature i-/41§: Cl'\08-C:OA-001 l!i\l!i!i RE\" J/4/lO:?O as identification. 3.B.f Packet Pg. 82 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) AFFIDAVIT OF AUTHORIZATION FOR PETITIO N NUMBERS(S) _______________________ _ I, Angela Rosenburg (print name), as OWNER (title, if applicable) of 5320 BAREFOOT BAY cT ( company, If applicable), swear or affirm under oath, that I am the (choose one) owner[2JapplicantOcontract purchaserOand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code: 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5.We/I authorize GREG ORICK II MARINE CONSTRUCTION to act as our/my representative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a· limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. �� STATE OF FLORIDA COUNTY OF COLLIER 116/2022 Date The foregoing instrument was acknowleged before me by means of IB:] physical presence or O online notarization this ._6_ da y of January , 20�. by (printed name of owner or qualifier) _An_g_e_ia_R_os_e,_,bu_,g __________ Such person(s) Notar y Public must check applicable box: [8] Are personally known to me D Has produced a current drivers license ______ _ . □ Has produced --h-:--_ as identification. Nota,y Sigoamce, � � CP\08-COA-00115\lSS REV 3/4/2020 PL20210002609 3.B.f Packet Pg. 83 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 T48, R25, S06 name not yet approved 3.B.f Packet Pg. 84 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)n BAREFOOT BAY BLK A LOT 7 22899000228 5328 BAREFOOT BAY CT, BONITA SPRINGS FL 34134 MARC ROSENBERG - 5328 BAREFOOT BAY CT COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 10/13/2021 22899000228 3.B.f Packet Pg. 85 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)n GREG ORICK II MARINE CONSTRUCTION 239-949-5588 PERMITS@ORICKMARINE.COM 3.B.f Packet Pg. 86 Attachment: Attachment E - HEX Backup FINAL (21892 : 3.B.f Packet Pg. 87 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot 3.B.f Packet Pg. 88 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/16/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.f Packet Pg. 89 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.f Packet Pg. 90 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Dock Cross Section Name: Marc Rosenberg Address: 5328 Barefoot Bay Ct Bonita Springs, FL 34134 Date: 2/14/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.f Packet Pg. 91 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: Criteria met- The location has 51.05 feet of water frontage. The property is zoned for a single-family residence which allows two slips per LDC. Proposed dock consist of two slips with lifts attached to the single dock, which is appropriate for a single-family dwelling. We are requesting a 20.3-foot extension beyond the allowed 20-foot protrusion 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Criteria Met - Without the boat dock extension, a vessel would not be able to be moored or launched while at MLWL due to the water depth being 1.68’ within a 20’ protrusion of the MHWL/ property line, as shown in the bathymetric survey and Cross section. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 3.B.f Packet Pg. 92 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) Response: Criteria Met - Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock and lifts have been designed not to impede navigation and its protrusion is consistent with the neighboring docks along the shoreline. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: Criteria Not Met – Proposed Dock protrudes 40.3’ from MHWL, The overall Protrusion is 25.8% of the 156.1’ waterway width. The proposed dock leaves 74.2% of the waterway open. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Criteria Met - Proposed dock extension does not interfere with neighboring docks as shown in the aerial drawing. The Neighboring dock to the West egress/ingress on their boatlift is parallel to their shoreline and the neighbor to the east dock and boat lift is located mainly on the east of their property allowing easy launching. 3.B.f Packet Pg. 93 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: Criteria Met - The proposed dock facility is in an area of Little Hickory Bay that has well-developed mangroves that extend many feet beyond the county allowed dock protrusion of 20’. Also, due to the narrow shoreline configuration and presence of existing neighboring docks, a boat can only come in perpendicular to the shoreline. The proposed boat is 25’ long, which is a typical size boat for the area, so it would protrude past the allowable 20’ when docking perpendicular to the shoreline. 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.) Response: Criteria Met - Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. The design of the Proposed boat dock is for one dry slip recreational vessel, and one Kayak/PWC lift to be maintained safely without incidence. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Criteria Not Met - Vessel LOA combined is 48.4 feet (1 ea. 25’ long Boat & 2 ea. 11.7’ 3.B.f Packet Pg. 94 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) long Kayak/PWC), which is more than 50 percent of the linear water frontage, being 51.05’ long. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Criteria Met - Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along shoreline as shown in the aerial drawing. The proposed dock facility is within the property’s riparian lines and will not impact the view of the neighboring waterfront property owners. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: Criteria Met - There are no seagrass beds located near proposed dock facility in Little Hickory Bay as shown in the results of submerged resource survey conducted by Turrell, Hall & Associates and provided for review. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This is a single family proposed dock, with one vessel boat lift and one Kayak/PWC lift located within Little Hickory Bay, thus it is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. 3.B.f Packet Pg. 95 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 96 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 97 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 98 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5328 BAREFOOT BAY CT. BONITA SPRINGS, FL 34134 FOLIO #22899000228 SUBMERGED RESOURCE SURVEY REPORT JUNE 2021 PREPARED BY: 3.B.f Packet Pg. 99 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 3.B.f Packet Pg. 100 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 1 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 5328 Barefoot Bay Court in Naples, FL 34134 that can be identified by folio #22899000228. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a 0.1-acre parcel that can be found in Naples along Little Hickory Bay that connects to the Gulf of Mexico through Wiggins Pass. The parcel currently contains an existing docking facility with one boatlift. The property is neighbored to the east and west by single family residences, to the north by Bonita Beach Road, and to the south by submerged bottomlands. The SRS was conducted on June 7, 2021, between approximately 3:30 p.m. and 4:25 p.m. Site conditions consisted of partially cloudy skies with a slight breeze. Water clarity was fair and allowed approximately 12-18 inches of visibility. The ambient air temperature was approximately 91 degrees Fahrenheit and wind speeds averaged 7 mph from the north. The average ambient water temperature was approximately 83 degrees Fahrenheit. High tide occurred before the site visit at approximately 11:27 a.m. and reached approximately 2.49 ft. above the Mean Low Water Mark. Low tide was achieved after the site visit at approximately 6:55 p.m., reaching approximately 0.07 feet above the Mean Low Water Mark. 3.B.f Packet Pg. 101 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 2 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re- configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 3.B.f Packet Pg. 102 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 3 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline for the proposed dock installation but also the area within 200 ft. of the proposed site. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shore taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3.B.f Packet Pg. 103 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 4 4 RESULTS The substrate found within the surveyed area consists of mangrove leaf litter, sandy material, and heavy shell debris. The oyster debris observed was consistent throughout the site. Depths increased gradually with distance from the shoreline to the middle of the waterway. Trimmed mangroves and existing riprap comprises the shoreline. Barnacles and oysters were observed on the existing pilings. During the submerged portion of the survey, no seagrasses, oysters, or other resources were observed in any capacity. Accordingly, no impacts to submerged resources are expected to occur as the result of the proposed project. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Eastern mudminnow Umbra pygmaea Common barnacle Balanus spp. Eastern oyster Crassostrea virginica 3.B.f Packet Pg. 104 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 5 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. Mangroves are present along the shoreline and are trimmed regularly, and no seagrasses or other resources were observed anywhere within the vicinity of the project site. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 3.B.f Packet Pg. 105 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 6 6 PHOTOS Photo 1: Typical view of the existing piling condition with barnacle growth. 3.B.f Packet Pg. 106 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 7 Photo 2: Sandy material and shell debris found throughout the surveyed area. 3.B.f Packet Pg. 107 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 5238 Barefoot Bay Ct. Submerged Resource Survey June 2021 8 Photo 3: Typical view of trimmed mangroves along the shoreline. 3.B.f Packet Pg. 108 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.33038<> LONGITUDE:W -81.840420SITE ADDRESS:<> 5328 BAREFOOT BAY CT NAPLES, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21099.00 5328 barefoot bay ct srs\CAD\EIA\21099-EIA.dwg LOCATION MAP 6/9/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875CHRMJ06-09-2121099-6255328 BAREFOOT BAY CTLOCATION MAP48-------------------01 OF 04COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.fPacket Pg. 109Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21099.00 5328 barefoot bay ct srs\CAD\EIA\21099-EIA.dwg FLUCFCS MAP 6/9/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875CHRMJ06-09-2121099-6255328 BAREFOOT BAY CTFLUCFCS MAP48-------------------02 OF 04UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):0.100.100·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYFLUCFCSDESCRIPTIONAREA(AC)111FIXED SINGLE FAMILY UNITS <LESS THANTWO DWELLING UNITS PER ACRE>0.10PROPERTYBOUNDARYBONITA BEACH RD1113.B.fPacket Pg. 110Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21099.00 5328 barefoot bay ct srs\CAD\EIA\21099-EIA.dwg SOILS MAP 6/9/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875CHRMJ06-09-2121099-6255328 BAREFOOT BAY CTSOILS MAP48-------------------03 OF 04·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·SOIL DATA PROVIDED BY:1998 UNITED STATES DEPT OF AGRICULTURESOIL SURVEY OF COLLIER COUNTY AREA, FL"NO SURVEY DATA AVAILABLE"MM-DD-YYYYCODEDESCRIPTIONHYDRIC35URBAN LAND-AQUENTS COMPLEX,ORGANIC SUBSTRATUM99WATERPROPERTYBOUNDARY9935BONITA BEACH RD3.B.fPacket Pg. 111Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21099.00 5328 barefoot bay ct srs\CAD\EIA\21099-EIA.dwg SUBMERGED RESOURCE SURVEY 6/9/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875CHRMJ06-09-2121099-6255328 BAREFOOT BAY CTSUBMERGED RESOURCE SURVEY48-------------------04 OF 04TYPICAL DIVE TRANSECT10'140'2 0 0 'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTPROPERTYBOUNDARY3.B.fPacket Pg. 112Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct January 11, 2022 Mr. Mark Oreus Permit Technician Greg Orick Marine Construction, Inc. 2815 Bayview Drive, Naples, FL 34112 Sent via email RE: Proposed Dock at 5328 Barefoot Bay Ct. Dear Mr. Oreus: Thank you for sending us the boat dock extension application package for 5328 Barefoot Bay Ct. for review. Pursuant to the Settlement Agreement between the Conservancy, Lely Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the Conservancy must be notified of any proposed construction activities within the conservation easement. Upon review of the site plan surveys dated January 3, 2021 (note: The survey map Page 1 is dated January 3, 2022, but survey map Page 2 is dated January 3, 2021 on the version the Conservancy reviewed) from Agnoli Barber & Brundage Inc. and the county application package for the dock extension, we do not see any inconsistencies with the plan in regards to the easement or settlement agreement. Per the settlement agreement, an access ramp or walkway through the conservation easement is permissible provided that the ramp or walkway is consistent with the DEP permits and it does not exceed 4 feet in width. Sincerely, Nicole Johnson Director of Environmental Policy 3.B.f Packet Pg. 113 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 114 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 115 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 116 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) 3.B.f Packet Pg. 117 Attachment: Attachment E - HEX Backup FINAL (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock) COWER IDUNTY GOVERNMENT GROWYH MANAGEMENT OEPARTMENT www.coflierwunr,fl.gov 2800 NORTH HORSESHOE ORIVE NAPLES, FLORDA 34104 {239) 252-2400 FAX: (239l 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Eme-rgency/he<:Utive-Or� 2020-04 Hearing of tM Colller County Hearing Examiner For Petition Number(sl: _________________________ _ Regard wig the above subject petition nlfflbef'{sl, Marc Roserot>erg (Name of Applic3ntj elects to proceed d...-i� the dedared emergency with hybrid virtual public hearing of the CoMierCounty Hearing Examwier, and waives the r.:ht to contest any procedural irregularity due to the hybrid virtual natured the pub fie heari�. Name: Ma,c Aosenbefg Date: 312812022 � .... �., c/� '2j Applicant• D leg.ti Counsel to Applicant * T_his form must be signed by either the Applicant {if the applicant is a corporate entity, this must be an offteer of the corporat.e entity) or the legal munsel to the Appficant. PL20210002609 3.B.g Packet Pg. 118 Attachment: Attachment F - HEX Hybrid Meeting Waiver (BDE) (21892 : PL20210002609 BDE 5328 Barefoot Bay Ct Rosenberg Dock)