HEX Final Decision 2022-41HEX NO. 2022-41
HEARING EXAMINER DECISION
DATE OF HEARING.
August 25, 2022
PETITION.
Petition No. BDE-PL20210003232 -170 Tahiti Circle — Request for a 13-foot boat dock
extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Collier County
Land Development Code for waterways 100 feet or greater in width, to add a second boatlift
to an existing dock facility that will protrude a total of 33 feet into a waterway that is 1,118E
feet wide for the benefit of property located at 170 Tahiti Circle, also known as Lot 153, Isles
of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks to add a second boatlift to an existing single-family dock facility that was
constructed in accord with Building Permit No. PRBD20160937324 for which a Certificate of
Completion was issued on December 7, 2018.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
Page 1 of 6
5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
6. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock
extension request if it is determined that at least four (4) of the five (5) primary criteria, and at
least four (4) of the six (6) secondary criteria have been met.'
Primary Criteria:
Whether the number of dock facilities and/or boat slips proposed is appropriate in relation
to the waterfront length, location, upland land use and zoning of the subject property.
Consideration should be made of property on unbridged barrier islands, where vessels are
the primary means of transportation to and from the property. (The number should be
appropriate; typical single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The subject property is located within an RSF-4 zoning district and is
improved with a single-family dwelling for which the LDC allows two boat slips. The
proposed project consists of adding a second boatlift to an existing dock facility. The
existing boatlift will accommodate a 30 foot vessel and the new lift will accommodate a
20 foot vessel
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner's application is unable to launch or
moor at mean low tide (MLT). (The petitioner's application and survey should establish
that the water depth is too shallow to allow launching and mooring of the vessel(s)
described without an extension.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. The reason for this Boat Dock Extension (BDE) is to allow a second
boatlift to be installed on an already existing dock for which a BDE was not required. The
BDE will allow for the second lift to be installed without removing or having to rebuild
any part of the existing dock. Furthermore, the subject BDE will resolve the existing dock
protrusion issue that was previously unknown.
3. Whether the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
'The Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. There are no marked channels within this section of Johnson Bay, therefore
the entire waterway provides safe navigation. The proposed dock and boatlift will not
impact navigation and ingress/egress to both neighboring docks is maintained.
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.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The subject waterway is 1,118f feet wide at this point. The proposed dock
facility will protrude 33 feet into the subject waterway which is 2.95% of said waterway.
There are no dock facilities on the opposite shore therefore 1, 085± feet will be maintained
for navigation which exceeds 50% of the total width of the waterway.
5. Whether the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the
use of legally permitted neighboring docks.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The existing dockfacility exceeds the required side setback of 15 feet on both
sides, providing at least 25.6 feet to the west and 26.8 feet to the east. The subject shoreline
is a convex arc, and the riparian lines extend outwardly in a cone shape; therefore, the
distance from the riparian lines is greater the more the dock protrudes from the shoreline.
In other words, the existing dock facility would obstruct the use of neighboring docks more
so than the additional boatlift and vessel. This criterion is met as there will be no greater
interference than that which already exists.
Secondary Criteria:
Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The subject property shoreline is of a convex shape and consists of a concrete
seawall with riprap along the entire length. The property owner would like to enjoy the
rights of having a second slip without needing to modify the existing dock which potentially
could negatively impact adjacent property owners. Additionally, this part of Johnson Bay
is located within the Rookery Bay Aquatic Preserve which required the applicant to follow
the aquatic preserve dock guidelines which are more restrictive on design options and
location.
Page 3 of 6
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The proposed project doesn't include any modifications to the existing dock
facility which comprises 571 square feet of decking. The dock will continue to provide
adequate deck area for safe access to the vessel and will continue to provide deck area for
recreational activities like fishing, kayaking, and paddle boarding.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property's
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The existing dockfacility was designed to accommodate a 30 foot vessel and
the new lift addition is designed to accommodate a 20 foot vessel; thus, the total vessel
length is 50 feet. The subject property enjoys the benefit of a 102 foot shoreline; therefore,
the 50% threshold will not be exceeded.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the view of
a neighboring property owner.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed addition has been designed in such a way that the view
corridor of neighboring properties would be obstructed more by the existing facility than
that of the proposed additional lift and vessel; the 30 foot vessel will be using the slip
nearest the shoreline, as such, any view of the smaller vessel will be obstructed by the
larger. Additionally, the entire dock facility is well within required setbacks.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds
are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. There are no seagrass beds present on the property nor the neighboring
properties within 200 feet of the existing dock structure
6. Whether the proposed dock facility is subject to the manatee protection requirements of
subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion is
NOT APPLICABLE. 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.
Page 4 of 6
ANAI,VSIS_
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.H
of the Land Development Code to approve Petition. The Petition meets 4 out of 5 of the primary
criteria and 5 out of 6 secondary criteria, with one criterion being not applicable.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210003232, filed by Jeff
Rogers of Turrell, Hall & Associates representing Michael and Linda Evans, with respect to the
property described as 170 Tahiti Circle, and is legally described as Lot 153, Isles of Capri No. 2,
in Section 32, Township 51 South, Range 26 East. Collier County, Florida, for the following:
• A 13-foot boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1
of the Collier County Land Development Code (LDC) for waterways 100 feet or greater in
width, to add a second boatlift to an existing dock facility that will protrude a total of 33
feet into a waterway that is 1,118± feet wide for the benefit of the subject property.
Said changes are fully described in the Site and Dock Plans attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site and Dock Plans
LEGAL DESCRIPTION.
170 Tahiti Circle, and is legally described as Lot 153, Isles of Capri No. 2, in Section 32, Township
51 South, Range 26 East. Collier County, Florida
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
Page 5 of 6
APPFAT,C
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
STATE OR FLORIDA
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COLLIER COUNTY
SUBJECT
SITE ADDRESS:
<> 170 TAHITI CIR <> LATITUDE: N 25.981672
NAPLES, FL 34113 <> LONGITUDE: W-81.733165
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
COUNTY AERIAL
Terrell, Hall & Associates, Inc. DESIGNED: JR 7 J O�p1_22 JR REVISED SHEETS 02-06,06
-1 O TA H I T I C I R DRAWN 12.
21170
Marine & Environmental Consulting CREATED: 2 3.
JOB Ni 27770
3584 Exchange Ave. Naples, FL 34104-3732 LOCATION MAP SHEET NO.: 01 OF 06 15 1_ _
Email: @h=11-aSsociates.COm ftwm Phone: (239) 643-0166 Fax: (239) 643fi632 SECTION-32 TOWNSHIP- 51 S RANGE- 26 E
DEPTHS
REFERENCED
TO MLW
N
CP
RIPARIAN
LINE
AISTING
DOCK AND
LIFT
2 EXISTING SEAWALL
SITE ADDRESS:
170 TAHITI CIR
NAPLES, FL 34113
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SUBJECT PROPERTY
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0 fo 20 40
RIPARIAN
o LINE
NOTES:
• THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND
ARE NOT INTENDED FOR CONSTRUCTION USE
• ALL DATUM SHOWN HEREON IS REFERENCED TO MLW
• SURVEY COURTESY OF: 'COURT GREGORY SURVEYING, INC.'
SURVEY DATED: 114)421
APPLICANT OWNED SHORELINE (APPX LF): 102
• EXISTING OVERWATER STRUCTURE (APPX SF): 571
• WIDTH OF WATERWAY, MHW TO MHW (APPX): 1,118
• TIDAL DATUM:
MHW (NAVD)= +DAr
MLW (NAVD)= •1.80'
EXISTING PROTRUSION FROM PROPERTY LINE: 21.8'
DESIGNED JR 1 RMJ MOI.22 JR REVISED DIMENSIONS
Terrell, Hall &Associates, Inc. -1 O TA" 1 T 1 C 1 R RAWN CREATED o'er ;
Marine & Environmental Consulting
JOB NO 21170 14
3584 Exchange Ave. Naples, FL34104-3732 EXISTING CONDITIONS SHEET NO 02OF08 15
EmailMm@tumll-associates.com Phone: (239) 643-0166 Fax: (239)643.6632 SECTION-32 TOWNSHIP- 51S RANGE-26E
DEPTHS
REFERENCED
TO MLW
PROPOSED
12' X 12' BOAT
LIFT (TYP)
RIPARIAN
LINE
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EXISTING
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SITE ADDRESS:
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SUBJECT PROPERTY
EXISTING"'
DOCKAND
LIFT
NOTES:
• THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND
ARE NOT INTENDED FOR CONSTRUCTION USE
• ALL DATUM SHOWN HEREON IS REFERENCED TO MLW
• SURVEY COURTESY OF: -COURT GREGORY SURVEYING, INC.'
»
SURVEY DATED: 114421
• APPLICANT OWNED SHORELINE (APPX LF): 102
• EXISTING OVERWATER STRUCTURE (APPX SF): 571
• WIDTH OF WATERWAY, MHW TO MHW (APPX): 1,118
• TIDAL DATUM:
MHW (NAVD)z •OAr
« MLW (NAVD)- 4.63'
• PROPOSED OVERWATER STRUCTURE (APPX SF)! 0
• TOTAL OVERWATER STRUCTURE (APPX SF): .11
• TOTAL PROTRUSION FROM PROPERTY LINE 33,
DESIGNED: JR 1. RNJ 08,01-22 JR REVISED DIMENSIONS, ADDED VESS
Turrell, Hall & Associates, Inc. —1 -7 O TA" 1 T 1 C 1 R DRAWN BY: o"; z&�
Marine & Environmental Consulting
JOB NO.: 21170 14.
3584 Exchange Ave. Naples, FL34104-3732 PROPOSED LIFT SHEET NO.: 03OF08 15.
Email:Wna@ mll-associates.com Phone: (239) 643-0166 Fax: (239)643.6632 SECTION-32 TOWNSHIP- 51S RANGE-26E
EXISTING
SEAWALL
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33' PROTRUSION FROM
PROPERTY LINE
EXISTING DOCK
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REMAIN
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BOAT LIFT
DESIGNED: JR 7. RMJ 0&01-22 JR I ADDED VESSELS
Terrell, Hall &Associates, Inc. -1 7 O TA H 1 T 1 C IF::;,
R °R^ RMJ CREATED. 01-26.22 3.
2.
Marine &Environmental Consulting JOB NO.: 21176 14.
3584 Exchange Ave. Naples, FL 34104-3732 CROSS SECTION SHEET NO. ; 04OF06 15. 1_1 1 1-
Email: twa( t=11-amiafes.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51 S RANGE- 26 E
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NOTES:
THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND
ARE NOT INTENDED FOR CONSTRUCTION USE.
'COURT GREGORY SURVEYING, INC.-
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SUBJECT PROPERTY
- SURVEY COURTESY OF.
SURVEY DATED: 11-04.21
Turrell, Hall & Associates, Inc.
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DESIGNED: JR
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Marine &Environmental Consulting
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3584 Exchange Ave. Naples, FL34104-3732
SUBMERGED RESOURCE SURVEY
JOB NO.; 21170
SHEET NO.: 05OF08
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Email: tuna@turrell-asso6ates.wm Phone: (239) 643-0166 Fax: (239) 643-6632
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DESIGNED JR 1 RUJI D64142 JR ADDED DIMENSION
DRAWN BY RMJ 2
-1 7" C—) —F,/k CREATED 01_26_22 3
Terrell Hall & Associates, Inc.
Marine & Environmental Consulting JOB NO 21170 4 M,
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Terrell, Hall &Associates, Inc.
Marine & Environmental Consulting , 0 TA H 1 T 1 1 R EWTEDV -J� ;
JOB NO. 21170 4
F• 3584 Exchange Ave. Naples, FL34104-3732 ST OVERLAY SHEETNO 08OF0e 5
Email:wWgurtell-asso6atesxom Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP-51S RANGE-26E