HEX Agenda 10/27/2022
AGENDA
COLLIER COUNTY
HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, OCTOBER 27, 2022, IN CONFERENCE
ROOMS 609/610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION
BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA
AS PART OF AN ONGOING INITIATIVE TO PROMOTE SOCIAL DISTANCING DURING THE
COVID-19 PANDEMIC, THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC
COMMENTS REMOTELY, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS
WHO WOULD LIKE TO PARTICIPATE REMOTELY, SHOULD REGISTER AT:
https://bit.ly/102722HEX
ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE WHICH IS 6 DAYS
BEFORE THE MEETING OR THROUGH THE LINK: http://colliercountyfl.iqm2.com/Citizens/default.aspx
INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC
HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR
ADDITIONAL INFORMATION ABOUT THE MEETING, EMAIL ANDREW YOUNGBLOOD AT:
Andrew.Youngblood@CollierCountyFL.gov.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY
THE HEARING EXAMINER.PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE
BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,
AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO
RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
A. Petition No. BDE-PL20210000314 - 715 Palm Point Drive - Request for a 10-foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land
Development Code for a total protrusion of 30 feet to allow an addition to an existing dock facility
that will accommodate a second slip with boatlift and boathouse in a waterway that is 87 feet in
width for the benefit of property located at 715 Palm Point Drive, and is described as a parcel of
land being a portion of Tract 1, as shown on but not a part of the Plat of Goodland Isles Second
Addition, in Section 19, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator:
John Kelly, Senior Planner] Commission District 1
B. Petition No. VA-PL20220004839 – 406 Cristobel Street - Request for a variance from section
5.03.06.E.5 of the Land Development Code to reduce the required side setback for a boat dock
facility from 15 feet to 5 feet on the west side for a lot with 85± feet of water frontage located at
406 Cristobal Street and is further described as Lot 579, Isles of Capri No. 3, in Section 32,
Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior
Planner] Commission District 1
C. Petition No. BDE-PL20220004181 - 406 Cristobel Street - Request for a 6-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in
width, to allow a boat docking facility protruding a total of 26 feet into a waterway that is 358± feet
wide, pursuant to LDC Section 5.03.06. The subject property is located at 406 Cristobal Street and
is further described as Lot 579, Isles of Capri No. 3, in Section 32, Township 51 South, Range 26
East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1
Collier County Hearing Examiner Page 1 Printed 10/19/2022
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
October 27, 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
Andrew.Youngblood@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.
October 2022
Collier County Hearing Examiner Page 2 Printed 10/19/2022
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. Petition No. BDE-PL20210000314 - 715 Palm Point Drive - Request for a 10-foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land
Development Code for a total protrusion of 30 feet to allow an addition to an existing dock
facility that will accommodate a second slip with boatlift and boathouse in a waterway that
is 87 feet in width for the benefit of property located at 715 Palm Point Drive, and is
described as a parcel of land being a portion of Tract 1, as shown on but not a part of the
Plat of Goodland Isles Second Addition, in Section 19, Township 52 South, Range 27 East,
Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1
B. Petition No. VA-PL20220004839 - 406 Cristobel Street - Request for a variance from section
5.03.06.E.5 of the Land Development Code to reduce the required side setback for a boat
dock facility from 15 feet to 5 feet on the west side for a lot with 85± feet of water frontage
located at 406 Cristobal Street and is further described as Lot 579, Isles of Capri No. 3, in
Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John
Kelly, Senior Planner] Commission District 1
C. Petition No. BDE-PL20220004181 - 406 Cristobel Street - Request for a 6-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than
100 feet in width, to allow a boat docking facility protruding a total of 26 feet into a
waterway that is 358± feet wide, pursuant to LDC Section 5.03.06. The subject property is
located at 406 Cristobal Street and is further described as Lot 579, Isles of Capri No. 3, in
Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John
Kelly, Senior Planner] Commission District 1
4. Other Business
5. Public Comments
6. Adjourn
10/27/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Doc ID: 23588
Item Summary: Petition No. BDE-PL20210000314 - 715 Palm Point Drive - Request for a 10-foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for
a total protrusion of 30 feet to allow an addition to an existing dock facility that will accommodate a second slip
with boatlift and boathouse in a waterway that is 87 feet in width for the benefit of property located at 715 Palm
Point Drive, and is described as a parcel of land being a portion of Tract 1, as shown on but not a part of the Plat of
Goodland Isles Second Addition, in Section 19, Township 52 South, Range 27 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commission District 1
Meeting Date: 10/27/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/07/2022 8:42 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/07/2022 8:42 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed
10/08/2022 2:03 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/13/2022 3:44 PM
Zoning Ray Bellows Review Item Completed 10/14/2022 10:42 AM
Zoning Mike Bosi Division Director Completed 10/17/2022 1:40 PM
Hearing Examiner Andrew Dickman Meeting Pending 10/27/2022 9:00 AM
3.A
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BDE-PL20210000314 – 715 Palm Point Dr Page 1 of 10
October 18, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 27, 2022
SUBJECT: BDE-PL20210000314, 715 PALM POINT DRIVE – DONAHUE DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Thomas A. and Debra A. Donahue Nick Pearson
P.O. Box 875 Turrell, Hall & Associates, Inc.
Goodland, FL 34104 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 10-foot boat dock extension over the maximum permitted protrusion of
20 feet allowed for waterways greater than 100 feet in width, pursuant to Section 5.03.06 of the
Collier County Land Development Code (LDC), to allow an addition to an existing dock facility
that protrudes a total of 30 feet into a waterway that is 87± feet wide.
GEOGRAPHIC LOCATION:
The subject property is located at 715 Palm Point Drive, located in Section 19, Township 52 South,
Range 27 East. Collier County, Florida; refer to Attachment A for the full legal description of the
subject property. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is improved with a single-family dwelling, comprises 0.21± acres, has 83±
feet of water frontage and is in a Village Residential - Goodland Zoning Overlay (VR-GZO)
Zoning District. There is an existing legal nonconforming dock on the property for which there is
a recorded access Easement (OR 2263 PG 1160) and an Order Granting Permanent Injunctive
Relief (OR 4324 PG 0777) to an unrelated party; see Attachment D. The Order and Easement
limit what can be done with the existing dock facility. It is the applicant’s desire to expand upon
the existing facility by adding a new 30-foot dock with boatlift and boathouse for a 24-foot LOA
vessel. Staff is looking at both the existing and proposed docks as a single boat docking facility.
3.A.a
Packet Pg. 4 Attachment: Staff Report 10182022 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
BDE-PL20210000314 – 715 Palm Point Dr Page 2 of 10
October 18, 2022
3.A.aPacket Pg. 5Attachment: Staff Report 10182022 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
BDE-PL20210000314 – 715 Palm Point Dr Page 3 of 10
October 18, 2022
SURROUNDING LAND USE & ZONING:
North: A single-family dwelling, Residential Single-Family-4 - Goodland Zoning Overlay
(RSF-4-GZO)
East: Palm Point Drive (Right-of-Way) then a Community Park (Conditional Use),
Village Residential – Goodland Zoning Overlay (VR-GZO)
South: A single-family dwelling, Village Residential/Goodland Zoning Overlay (VR-
GZO)
West: Blue Hill Creek (waterway), Conservation/Area of Critical State Concern-Special
Treatment (CON-ACSC/ST)
Aerial – Collier County GIS
3.A.a
Packet Pg. 6 Attachment: Staff Report 10182022 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
BDE-PL20210000314 – 715 Palm Point Dr Page 4 of 10
October 18, 2022
Part of Provided Boundary Survey
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to the Big Cypress Area of Critical State Concern
Special Treatment Overlay (ACSC/ST) in Goodland Bay. The ACSC Conservation designation
has been established to ensure the protection of native habitats; the proposed structure does not
impact sensitive habitats. The proposed docking facilities will be constructed waterward of the
existing shoreline. The shoreline does contain red mangroves (Rhizophora mangle); however, no
impacts to the red mangroves are proposed. A submerged resources survey provided by the
applicant found no submerged resources in the area 200 feet beyond the proposed docking facility.
Exhibit sheet 12 of the Site Plan 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.
3.A.a
Packet Pg. 7 Attachment: Staff Report 10182022 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
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October 18, 2022
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 a Village Residential (VR) Zoning
District and is further located with the Goodland Zoning Overlay (GZO). The VR zoning
district allows single-family dwellings as a permitted principal use and further allows
private docks and boathouses, subject to LDC Section 5.03.06 as allowable accessory uses.
The GZO is silent with respect to docks and boathouses. The proposed project consists of
constructing and adding an additional slip, for a total of two boat slips, with a boat lift and
boathouse. The typical number of slips for single-family use is two.
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.)
Criteria met. The applicant’s agent states: “See attached drawings illustrating the existing
docking facility, proposed docking facility, and water depths within the canal. Water depths
do not exceed 2’ at low tide until beyond 20’ from the Mean High Water contour, which is
not adequate for the property owner’s vessel.” Staff concurs.
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.)
Criterion met. The applicant’s agent states: “The proposed docking facility is not located
within a marked channel. Furthermore, the proposed dock is entirely within the owner’s
platted property line and has been designed so as not to restrict the waterway any further
than any of the other nearby existing dock facilities.” Staff concurs; however, notes that as
per the provided Boundary Survey, the existing finger pier is not entirely within the
property line. Additionally, the subject property is depicted as being part of Tract 1 for
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October 18, 2022
which a note appears stating “Not Part of This Plat” and as such is not part of the referenced
plat (Goodland Isles Second Addition – Plat Book 8 Page 19); therefore, said property is
not platted.
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 not met. The applicant’s agent states: “The waterway width is approximately
87’ in width next to the proposed structure. The proposed structure protrudes 30’ into the
waterway or 35% of the width of the waterway. Structures on the opposite side of the
waterway protrude 19’ into the waterway or 22% of the width of the waterway. This will
leave a space of 38’ through which public navigation can occur or 43% of the width of the
waterway.
We acknowledge that this amount of protrusion exceeds the normal parameters of Collier
County’s L.D.C. However, considering the difficulties of the site as the mangrove
shoreline, access easement, and associated dock, shallow water depths, and that the
proposed structure will be entirely within the applicant’s platted property lines, we believe
that the added protrusion can be addressed and approved through this BDE petition.”
Staff again notes the subject property is not platted. However, staff concurs with the
applicant’s argument and given the location agrees.
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: “The proposed docking facility will meet the
required side yard setbacks of 15-feet and will protrude so as to match the existing dock on
site. Considering that this property is located nearly at the end of a canal, the shallow water
depths within 20’ of the subject property do not supply navigable space, and public
navigation should not be affected by the project, our opinion is that the proposed dock will
not interfere with any existing or future neighboring docking facilities.” Staff doesn’t
disagree and therefore concurs.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include the type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
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October 18, 2022
Criterion met. The applicant’s agent states: “The subject property’s shoreline is comprised
of a mix of mangroves and rip rap. While the property owner is permitted to trim the
mangroves, they still serve as significant obstacles for mooring a vessel at this site,
particularly within 20’ of the Mean High-Water Line. Additionally, the existing dock on
site further serves to make mooring within 20’ of the MHWL difficult, particularly because
it cannot be altered, as this would comprise a violation of the access easement’s terms and
conditions.” Staff concurs that the mangrove and rip rap shoreline constitute a special
condition, as does the existing dock with access easement; however, staff is unable to
provide a legal judgment that absolutely no modifications can be made to the existing dock.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. The applicant’s agent states: “The proposed docking facility will cover
approximately 472 square feet of the overwater structure, bringing the total overwater
square footage at the site to 559 square feet. This is small enough to qualify the dock as
being exempt from needing a permit from the state (the Florida Department of
Environmental Protection). It is also significantly smaller than most of the nearby docks,
and the majority of this square footage will occur within 20’ of the Mean High-Water Line.
We believe that the amount of decking proposed would allow reasonable, safe access, and
is not excessive.” Staff concurs.
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 applicant’s agent states: “The length of the applicant’s vessel is
24’. The length of the access easement grantee’s vessel is approximately 19’. Collectively,
both vessels would therefore amount to 43’, which is more than 50% of the applicant’s
total shoreline (83’).” Staff is uncertain as to the length of the access easement holder’s
vessel and must therefore find this criterion has not been satisfied; however, staff is
uncertain as to the extent and defers to the applicant’s statement.
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.)
Criterion met. The applicant’s agent states: “The proposed docking facility is located
entirely within the riparian area of the property owner and also entirely within his platted
property lines as well. Furthermore, the project site is largely blocked on both sides by
mangroves. Our opinion is therefore that the views of neighbors will not be significantly
affected by the proposed project.” Having viewed aerial photography of the subject inlet,
staff concurs.
.
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5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
Criterion 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.)
Criterion is not applicable. The proposed project is for a single-family residential boat
dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable to this boat
dock proposal.
Standards for Boathouses:
1. Minimum side setback requirement: Fifteen Feet.
Criterion met. As per the provided Dock Plan, the boathouse is setback more than 15 feet
from both the northern and southern side/riparian lines; see Attachment B.
2. Maximum protrusion into the waterway: Twenty-five percent of canal width or 20
feet, whichever is less. The roof alone may overhang no more than 3 feet into the
waterway beyond the maximum protrusion and/or side setbacks.
Criterion met. Cross Section AA indicates there is no roof overhang to the front or back of
the proposed boathouse. The waterway at this point is 87 feet which would allow the
boathouse to protrude up to 17.4 feet; however, if approved, the subject BDE allows for
additional protrusion of up to 30 feet.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
Criterion met: The proposed height is 15 feet above the seawall; see Attachment B.
4. Maximum number of boathouses or covered structures per site: One.
Criterion met. Only one boathouse is to be built on this property.
5. All boathouses and covered structures shall be completely open on all 4 sides.
Criterion met. The boathouse will be open on all four sides.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond “chickee” style. A single-family
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October 18, 2022
dwelling unit must be constructed on the subject lot prior to, or simultaneously with,
the construction of any boathouse or covered dock structure.
Criterion met. The roofing material and color of the proposed boathouse will match that of
the principal structure.
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical.
Criterion met. The boathouse is located within the required side/riparian setbacks and, as
per the applicant’s agent, is flanked by mangroves.
With respect to the BDE, staff analysis finds this request complies with four of the five primary
criteria and four of the six secondary criteria with the sixth criterion being not applicable. As for
the boathouse, staff analysis finds that this petition satisfies all seven of the required boathouse
standards. As of the date of this Staff Report, no public opposition has been received.
CONCURRENT LAND USE APPLICATIONS:
There are no known concurrent land use petitions.
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. Such appeal shall be filed per Section 2-88 of
the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of
Collier County within 30 days of the decision. 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.
RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-
PL20210000314 in accordance with the “Proposed Dock” plan provided within Attachment B,
subject to the following conditions:
1. The applicant must incorporate a railing or otherwise chain or rope off the northern
side of both the new/proposed dock and the existing finger dock to inhibit the docking
or mooring of any vessel(s) thereby resulting in a third boat slip.
Attachments:
A. Legal Description, per OR 6062 PG 3015-3016
B. Dock, Boathouse, and Site Plans
C. Public Hearing Sign Posting
D. Applicant’s Backup; Application and Supporting Documents
3.A.a
Packet Pg. 12 Attachment: Staff Report 10182022 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
BDE-PL20210000314
715 Palm Point Drive
ATTACHMENT A
Legal Description
715 Palm Point Dr – Goodland, Florida
3.A.b
Packet Pg. 13 Attachment: Attachment A - Legal Description of Property (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
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 25.921851<> LONGITUDE:W -81.647370SITE ADDRESS:<> 715 PALM POINT DRGOODLAND, FL 34140Turrell, 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg LOCATION MAP 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRLOCATION MAP52-------------------01 OF 09COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.cPacket Pg. 14Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
2.52'1.52'2.02'2.67'1.79'1.07'NESW0153060SCALE IN FEETSITE ADDRESS:,715 PALM POINT DRGOODLANDFL34145Turrell, 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DREXISTING CONDITIONS52-------------------02 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"05-03-2022-1.81'+0.67'83'8787'EXISTING DOCKTO REMAINMHW =+0.67'RIPARIANLINERIPARIAN LINESETBACKRIPARIAN LINESETBACKRIPARIANLINEEXISTINGPILESPALM POINT DREXISTINGRIPRAPEXISTINGDOCKSEXISTINGDOCK6'24'30'EXISTINGRESIDENCEMANGROVESMANGROVESPRIVATE ACCESS EASEMENT PEROR 2263, PG 11603'120'82'110'16'99'STANDARD BUILDING LIMITCONTOUR (20' FROM MHWL)19' SKIFF OWNED BY ACCESSEASEMENT GRANTEE3.A.cPacket Pg. 15Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0102040SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg PROPOSED DOCK 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRPROPOSED DOCK52-------------------03 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-03-2022-1.81'+0.67'83'87'87'472559'30'PROPOSEDDOCKEXISTINGDOCK TOREMAINMHW =+0.67'15'15'RIPARIANLINERIPARIAN LINESETBACKRIPARIAN LINESETBACKRIPARIANLINE30'16'30'PALM POINT DRPROPOSEDBOATHOUSEPROPOSEDBOAT LIFTAA04BB0519'9'15'20' BUILDINGLIMIT CONTOUR20'MANGROVES10'PRIVATE ACCESS EASEMENT87'24'PROPOSED 24'(LOA) VESSEL3.A.cPacket Pg. 16Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
03510SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg CROSS SECTION AA 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRCROSS SECTION AA52-------------------04 OF 09PROPOSEDFIXED DOCKEXISTINGRIPRAP TO BEREFURBISHED12' BOAT LIFT30' FINGER DOCKMHW = +0.67' (NAVD 88)MLW = -1.81' (NAVD 88)DEPTHSVARY15'24'BOATHOUSE ROOFMATERIAL ANDCOLOR TO MATCHPRINCIPALSTRUCTURE3.A.cPacket Pg. 17Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
03510SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg CROSS SECTION BB 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRCROSS SECTION BB52-------------------05 OF 09PROPOSED FIXEDDOCK ANDBOATHOUSEMHW = +0.67' (NAVD 88)MLW = -1.81' (NAVD 88)EXISTINGDOCKDEPTHSVARY16' BOATHOUSEBOATHOUSE ROOFMATERIAL ANDCOLOR TO MATCHPRINCIPALSTRUCTURE3'4'10'3.A.cPacket Pg. 18Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0244997SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg SUBMERGED RESOURCETHESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRSUBMERGED RESOURCE SURVEY52-------------------06 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'87'87'47255930'PROPOSEDDOCK ANDBOATHOUSEMHW =+0.67'SUBMERGEDRESOURCE SURVEYTRANSECTS (10' O.C.)PALM POINT DREXISTING MANGROVEAREASNO SUBMERGEDRESOURCESFOUND DURINGSURVEY200'3.A.cPacket Pg. 19Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW02550100SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ADJACENT DOCK PLAN -THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRADJACENT DOCK PLAN - OVERVIEW52-------------------07 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'87'87'47255930PROPOSEDDOCKMHW =+0.67'PALM POINT DR90'33'42'31'33'42'31'82'88'87'20'3.A.cPacket Pg. 20Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0102040SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ADJACENT DOCK PLAN 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRADJACENT DOCK PLAN52-------------------08 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'8787'47255930PROPOSEDDOCKMHW =+0.67'33'77'87'90'88'30'30'19'19'38'82'3.A.cPacket Pg. 21Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW02550100SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ST OVERLAY MAP 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRST OVERLAY MAP52-------------------09 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'8782'47255930PROPOSEDDOCKMHW =+0.67'PALM POINT DRSTZONINGOVERLAY3.A.cPacket Pg. 22Attachment: Attachment B - Dock, Boathouse and Site Plans (23588 : PL20210000314 BDE 715 Palm Point
3.A.dPacket Pg. 23Attachment: Attachment C - Public Hearing Sign Posting2 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
3.A.dPacket Pg. 24Attachment: Attachment C - Public Hearing Sign Posting2 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
3.A.dPacket Pg. 25Attachment: Attachment C - Public Hearing Sign Posting2 (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
DONAHUE DOCK
715 PALM POINT DR.
NAPLES, FL 34140
BDE PETITION
#PL20210000314
SEPTEMBER 2022
PREPARED BY:
3.A.e
Packet Pg. 26 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
sDe.?LLoztae3lf
71g-?,t --,-P."'o \4'
A. Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) orthe colliercounty Planning commission (ccPc). Do NoTAccEpT DUpLtcATEs oF ANy DocuMENTS. MAKE
5URE ONLY THE IATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE
OOCUMENTS ARE IN THE ORDER DESCRIBED IN 'BACKUP PROVIDED BY APPLICANT."
Planne r resoonsible for orovid the Counw Atto rnev-drafted Ordinanc e for PUDS and placint in backup
materials. AGENTS DO NOT INCLUDE THE PUD UMENT -STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOTUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTEO TANGUAGE/ PROPOSED PI"AN IS THE FIRST ITEM AFTER THE
STAFF REPORTI
B. Backup provided bv plicant:
PI.EASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE I.ATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT rS rN DISARRAY-MEANTNG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPLICANT PROVIDES MUTTIPTE DUPTICATES.THE APPTICANT COUTD LOSE ITS HEARING DATE.
/ Application, to include but not limited to the following:
v/ Narrative of request
/ Prcpefty lnformation
/eroperty ownership Disclosure Form
r' Any other documents required by the specific petition type; such as a variance, a boat
dock extension; pUD amendment, rezone request, etc.
-
Disclosure of Property Ownership lnterest (if there is additional documentation aside from
disclosure form)
_ Affidavit of Unified Control
,, ftu|lto?t>*ta)r' Aff idavit of*epreserrfatd
r' Or^*ingr(may include Cross-section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
_ NIM lnformation (Sign in sheet, notes, minutes and transcript/or summary)
r' lnclude 3 thumbnail drives ofvideo and/or audio
_ Traffic lmpact Study (TtS)
_ Environmental Data
_ Historical/Archeological Survey or Waiver
_ Utility Letter
y' Deviation J ustifications
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Cunentvoning Staff lnformationvob Aides or Help Guides
HEARING PACKAGE CHECKLIST
3.A.e
Packet Pg. 27 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
"z/ Boundary Survey
/ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affecting the pUD etc.
" Submerged Resource Surveys may be included here if required.
v/ llash drive with onty one pdl file for all docume nts tP/ f -dttt,:==-'-.
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
Signature of Agent Representative Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to Agents G:\@E5 Planning SeMces\Grnentvonir€ Sff lnformationlob Aides or Help Guides
Nick Pearson
9/14/2022
3.A.e
Packet Pg. 28 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
Application Form
3.A.e
Packet Pg. 29 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
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.A.e
Packet Pg. 30 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point DrThomas and Debra Donahue
PO BOX 875 Goodland FL 34140
(239) 235-1966
Tom.Donahue715@gmail.com
Nick Pearson
Turrell, Hall & Associates, Inc.
3584 Exchange Ave. Naples FL 34104
(239) 643-0166
Nick@THAnaples.com
18 52 S 27 E 46372680002
GOODLAND ISLES BLK Y LESS GOODLAND ISLES 1ST ADD + LESS GOODLAND ISLES 2ND ADD LESS OR 409-6-7, 736- 1057, 833-728-29, OR 823 PG 556, LESS OR 940-1945, OR 1252 PG 760 LESS OR 1418 PG 620 Y
715 Palm Point Dr.
VR-GZO; current use is private 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.A.e
Packet Pg. 31 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point DrRSF-4 Private Residential
VR-GZO Private Residential
VR-GZO Public boat ramp park
ACSC-ST N/A - public waterway
Construction of dock with boathouse and 1 boat lift that will consist of 472 square feet of decking and that will protrude 30' beyond the MHWL.
New facility will match protrusion of existing dock that is utilized by access easement holder and the total over water square footage will at
the site will be 559 square feet. See narrative for additional information.
87
83
15
15
30
24
19
The neighbor to the west at 674 Palm Ct. has a dock and lift that protrudes roughly 20' into the waterway.
The neighbor to the north west has a dock that appears to protrude roughly 20' into the waterway. The associated boat appears to protrude to about 25'.
0.21
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.)
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Packet Pg. 32 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
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.)
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X
X
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4/6/2021
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Narrative Statement
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DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition
to existing facility, any other pertinent information):
The property at 715 Palm Point Dr. in Goodland is a 0.21-acre parcel zoned as VR-GZO (Village
Residential – Goodland Zoning OVERLAY). The current use is single-family residential. The
parcel is roughly rectangular with the exception of an arc-shaped shoreline comprised of rip rap
and mangroves, which abuts the ST zoning overlay. The plat to which the subject property’s legal
description refers is PB 9, PG 19. This plat was created in July of 1965, and officially approved in
October of 1967. But, despite that the subject property physically comprises a portion of Tract 1
on this plat, Tract 1 is actually specifically described as “not part of this plat”. So, our
understanding is that the subject property would technically be considered unplatted. The legal
description, however, describes the subject property as being 82’ wide and a meandering 110’ to
120’ in length. The actual area of uplands on the site per the required boundary survey (Marco
Surveying & Mapping) is between only 71’ and 99’ of property length. The adjacent waterway is
platted, but it does not match the dimensions in the plat. Whereas the plat depicts the canal as being
an apparently uniform 61.43’ in width, the actual canal width meanders from 90’ at the canal-end,
to 70’ at the subject property’s south riparian line. The width of waterway at the location of the
proposed boathouse is 87’. Navigable space within portions of the canal area significantly less
even still due to vegetation along the shoreline.
Following approval of the goodland isles 2nd additional plat, initial dredging, clearing, and
preparation for development had largely been completed by 1969, as is evident from aerial
photography. At this time, per aerial photos, the canal seems to roughly match the general shape
and dimensions of the plat. The canal appears similarly in 1973. But by 1980, the canal had
obviously been further dredged, which resulted in a sizable portion of the subject property’s rear
yard being removed (prior to a house being constructed on the lot). And the north neighboring
property at 664 Palm Ave. (which is landlocked per the plat) acquired riparian access. The canal
appears to have remained unchanged in terms of approximate size ever since.
The year 1980 is also the first year in which the existing dock on the site can be viewed in aerial
photography. Since the dock does not appear to have any permitting history on record, aerial
photography gives the best approximation of its construction date at sometime between 1973 and
1979. The existing dock is approximately 3’ wide and protrudes approximately 30’ into the
waterway from the current Mean High-Water Line (MHWL). For the county’s intents and
purposes, the MHWL is the most restrictive point from which to measure protrusion at this site
because it is located significantly further in the landward direction than the platted property line.
Also, important to note is that there is an access easement on this site granted to a third-party
individual. The easement was originally granted and recorded on December 20,1996 via OR 2263
PG 1160-1161. The easement grantor and grantee have since both changed to new individuals. Mr.
Nicholas Lemke is the current owner of this easement. The easement was litigated over in 2007
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and 2008. The case resulted in an order granting permanent injunctive relief to Mr. Lemke as
recorded in OR 4324 PG 0777. We have attempted to obtain his cooperation in this petition via a
no-objection letter but have been unable to do so. However, Mr. Lemke has indicated verbally
through his attorney that he would not oppose the project if it did not affect his access negatively.
The access easement specifically grants Mr. Lemke “a right to utilize the south side of the wood
dock…”. Since the proposed structures are found well to the north of the existing dock on site, and
because no other changes to the existing dock are proposed, we do not believe we will be affecting
Mr. Lemke’s right of access or his interest in the access easement.
The proposed project consists of constructing a finger dock and boathouse approximately 19’ to
the north of the existing dock facility, for use by the property owner, Mr. Thomas Donahue. The
new dock will consist of approximately 472 square feet of over water area, bringing the total
overwater structure at the site to 559 square feet. Protrusion of the new structure will be
approximately 30’ from the MHWL, matching the existing structure. The new structure will
contain a single boat lift and will leave approximately 38’ of canal space for navigation between
the structures across the canal. This will allow for mooring by a 24’ vessel (total length of hull
plus motor, etc.)
Considering that no seagrasses could be found within 200’ of the property, that the dock will be
built entirely within the owner’s riparian area (and entirely within the confines of the owner’s
platted property lines), and numerous docks of similar or greater dimensions can be found in the
surrounding area, we believe that this BDE would therefore allow the property owner to make
reasonable use of the waterway for mooring and other water-based recreational activities.
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Property Information
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Packet Pg. 39 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
$ 135,000
$ 0
$ 86,000
$ 0
$ 100
$ 250,000
$ 147,997
$ 0
$ 147,997
$ 22,686
$ 125,311
$ 147,997
$ 125,311
Collier County Proper ty AppraiserProperty Summar y
Parcel No 46372680002 SiteAddress*Disclaimer
715PALMPOINTDR
Site City GOODLAND Site Zone*Note 34140
Name / Address DONAHUE, THOMAS A=& DEBRA L
715 PALM POINT DR
PO BOX 875
City GOODLAND State FL Zip 34140
Map No.Strap No.Section Township Range Acres *Estimated
7C18 380200 Y 17C18 18 52 27 0.21
Legal GOODLAND ISLES BLK Y LESS GOODLAND ISLES 1ST ADD + LESS GOODLAND ISLES2ND ADD LESS OR 409-6-7, 736- 1057, 833-728-29, OR 823 PG 556, LESS OR 940-1945, OR 1252 PG 760 LESS OR 1418 PG 620
Millage Area 24 Millage Rates *Calculations
Sub./Condo 380200 - GOODLAND ISLES School Other Total
Use Code 1 - SINGLE FAMILY RESIDENTIAL 5.016 6.2075 11.2235
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
06/29/18 5533-3010
03/15/17 5412-743
12/16/13 4995-3092
10/14/13 4975-3959
03/17/09 4439-1798
11/29/04 3711-1920
2020 Cer tified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the FinalTax Roll
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Collier County Proper ty AppraiserProperty Detail
Parcel No 46372680002 SiteAddress*Disclaimer
715PALMPOINTDR
Site City GOODLAND Site Zone*Note 34140
Name / Address DONAHUE, THOMAS A=& DEBRA L
715 PALM POINT DR
PO BOX 875
City GOODLAND State FL Zip 34140
Permits (Provided for reference purposes only. *Full Disclaimer. )
Tax Yr Issuer Permit #CO Date Tmp CO Final Bldg Type
2021 COUNTY PRBD20190208537 07/02/20 06/18/20 RESIDENCE
2021 COUNTY PRBD20200310994 SEA WALL
Land
#Calc Code Units
10 RESIDENTIAL FF 78.68
Building/Extra Features
#YearBuilt Description Area AdjArea
20 2000 WOOD DOCK 96 96
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Collier County Proper ty AppraiserProperty Aerial
Parcel No 46372680002 SiteAddress*Disclaimer
715PALMPOINTDR
Site City GOODLAND Site Zone*Note 34140
Open GIS in a New Window with More Features.
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Collier County Proper ty Appraiser
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Property Ownership Disclosure Form
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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
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Packet Pg. 45 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point DrThomas & Debra Donahue; PO Box 875, Goodland FL 34140 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:
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Packet Pg. 46 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr06/29/2018
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 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public 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.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
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Packet Pg. 47 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point DrNick Pearson
4/6/2021
Property Deed
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Addressing Checklist
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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) 1
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)
T52, R27, S18 & 19
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GOODLAND ISLES BLK Y LESS GOODLAND ISLES 1ST ADD + LESS GOODLAND ISLES 2ND ADD LESS OR 409-6-7, 736- 1057, 833-728-29, OR 823 PG 556, LESS OR 940-1945, OR 1252 PG 760 LESS OR 1418 PG 620
46372680002
715 Palm Point Dr, Naples, FL
715 PALM POINT DR - BDE petition
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 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
46372680002
02/09/2021
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Nick Pearson (Turrell, Hall & Associates, Inc.)
(239) 643-0166 Nick@THAnaples.com
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Pre-Application Meeting Notes
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Affidavit of Authorization
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BDE Drawings / Exhibits
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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 25.921851<> LONGITUDE:W -81.647370SITE ADDRESS:<> 715 PALM POINT DRGOODLAND, FL 34140Turrell, 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg LOCATION MAP 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRLOCATION MAP52-------------------01 OF 09COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.ePacket Pg. 74Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
2.52'1.52'2.02'2.67'1.79'1.07'NESW0153060SCALE IN FEETSITE ADDRESS:,715 PALM POINT DRGOODLANDFL34145Turrell, 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DREXISTING CONDITIONS52-------------------02 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"05-03-2022-1.81'+0.67'83'8787'EXISTING DOCKTO REMAINMHW =+0.67'RIPARIANLINERIPARIAN LINESETBACKRIPARIAN LINESETBACKRIPARIANLINEEXISTINGPILESPALM POINT DREXISTINGRIPRAPEXISTINGDOCKSEXISTINGDOCK6'24'30'EXISTINGRESIDENCEMANGROVESMANGROVESPRIVATE ACCESS EASEMENT PEROR 2263, PG 11603'120'82'110'16'99'STANDARD BUILDING LIMITCONTOUR (20' FROM MHWL)19' SKIFF OWNED BY ACCESSEASEMENT GRANTEE3.A.ePacket Pg. 75Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0102040SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg PROPOSED DOCK 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRPROPOSED DOCK52-------------------03 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-03-2022-1.81'+0.67'83'87'87'472559'30'PROPOSEDDOCKEXISTINGDOCK TOREMAINMHW =+0.67'15'15'RIPARIANLINERIPARIAN LINESETBACKRIPARIAN LINESETBACKRIPARIANLINE30'16'30'PALM POINT DRPROPOSEDBOATHOUSEPROPOSEDBOAT LIFTAA04BB0519'9'15'20' BUILDINGLIMIT CONTOUR20'MANGROVES10'PRIVATE ACCESS EASEMENT87'24'PROPOSED 24'(LOA) VESSEL3.A.ePacket Pg. 76Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
03510SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg CROSS SECTION AA 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRCROSS SECTION AA52-------------------04 OF 09PROPOSEDFIXED DOCKEXISTINGRIPRAP TO BEREFURBISHED12' BOAT LIFT30' FINGER DOCKMHW = +0.67' (NAVD 88)MLW = -1.81' (NAVD 88)DEPTHSVARY15'24'BOATHOUSE ROOFMATERIAL ANDCOLOR TO MATCHPRINCIPALSTRUCTURE3.A.ePacket Pg. 77Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
03510SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg CROSS SECTION BB 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRCROSS SECTION BB52-------------------05 OF 09PROPOSED FIXEDDOCK ANDBOATHOUSEMHW = +0.67' (NAVD 88)MLW = -1.81' (NAVD 88)EXISTINGDOCKDEPTHSVARY16' BOATHOUSEBOATHOUSE ROOFMATERIAL ANDCOLOR TO MATCHPRINCIPALSTRUCTURE3'4'10'3.A.ePacket Pg. 78Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0244997SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg SUBMERGED RESOURCETHESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRSUBMERGED RESOURCE SURVEY52-------------------06 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'87'87'47255930'PROPOSEDDOCK ANDBOATHOUSEMHW =+0.67'SUBMERGEDRESOURCE SURVEYTRANSECTS (10' O.C.)PALM POINT DREXISTING MANGROVEAREASNO SUBMERGEDRESOURCESFOUND DURINGSURVEY200'3.A.ePacket Pg. 79Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW02550100SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ADJACENT DOCK PLAN -THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRADJACENT DOCK PLAN - OVERVIEW52-------------------07 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'87'87'47255930PROPOSEDDOCKMHW =+0.67'PALM POINT DR90'33'42'31'33'42'31'82'88'87'20'3.A.ePacket Pg. 80Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW0102040SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ADJACENT DOCK PLAN 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRADJACENT DOCK PLAN52-------------------08 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'8787'47255930PROPOSEDDOCKMHW =+0.67'33'77'87'90'88'30'30'19'19'38'82'3.A.ePacket Pg. 81Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
P:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg 8/31/2022NESW02550100SCALE 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:\20035 Blue Marlin Jobs\20035.10 Donahue Dock-715 Palm Point Dr\CAD\PERMIT-COUNTY\200035.10-BDE option 7-29-22.dwg ST OVERLAY MAP 8/31/2022THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRST OVERLAY MAP52-------------------09 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'8782'47255930PROPOSEDDOCKMHW =+0.67'PALM POINT DRSTZONINGOVERLAY3.A.ePacket Pg. 82Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
Primary Criteria
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Packet Pg. 83 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
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 appro ve 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.)
The subject property’s zoning and use is for a single-family residential unit along a
waterfront. Section 5.03.06 B.1. of the Collier County L.D.C. states that individual or
multiple private docks are an allowable use for the zoning type . Additionally, the
typical number of boat slips for such a use is no more than 2 slips.
The proposed project consists of constructing a new docking facility that will provide
one slip. The existing dock facility at the site also provides 1 slip. Access to the north
side of the proposed finger pier will be blocked by mangroves and the side setback.
Use of the north side of the existing dock is blocked by a railing. Therefore, the total
number of slips at the site will equal 2. This criteria is therefore met/satisfied.
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.)
See attached drawings illustrating the existing docking facility, proposed docking
facility, and water depths within the canal. Water depths do not exceed 2’ at low
tide until beyond 20’ from the Mean High Tide contour, which is not adequate for
the property owner’s vessel. This criteria is therefore met/satisfied.
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.)
The proposed docking facility is not located within a marked channel. Furthermore,
the proposed dock is entirely within the owner’s platted property line and has been
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designed so as to not restrict the waterway any further than any of the other nearby
existing dock facilities. This criteria is therefore met/satisfied.
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.)
The waterway width is approximately 87’ in width next to the proposed structure.
The proposed structure protrudes 30’ into the waterway or 35% the width of
waterway. Structures on the opposite side of the waterway protrude 19’ into the
waterway or 22% the width of waterway. This will leave a space of 38’ through
which public navigation can occur or 43% of the width of waterway.
We acknowledge that this amount of protrusion exceeds the normal parameters of
Collier County’s L.D.C. However, considering the difficulties of the site such as the
mangrove shoreline, access easement and associated dock, shallow water depths,
and that the proposed structure will be entirely within the applicant’s platted
property lines, we believe that the added protrusion can be addressed and approved
through this BDE petition. This criteria is therefore not met/satisfied.
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.)
The proposed docking facility will meet the required side yard setbacks of 15-feet
and will protrude so as to match the existing dock on site. Considering that this
property is located nearly at the end of the canal, the shallow water depths within
20’ of the subject property which do not supply navigable space, and public
navigation should not be affected by the project, our opinion is that the proposed
dock will not interfere with any existing or future neighboring docking facilities.
This criteria is therefore met/satisfied.
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Packet Pg. 85 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
Secondary Criteria
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Packet Pg. 86 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
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.)
The subject property’s shoreline is comprised of a mix of mangroves and rip rap.
While the property owner is permitted to trim the mangroves, they still serve as
significant obstacles for mooring a vessel at this site, particularly within 20’ of the
Mean High-Water Line. Additionally, the existing dock on site further serves to
make mooring within 20’ of the MHWL difficult, particularly because it cannot be
altered, as this would comprise a violation of the access easement’s terms and
conditions. This criteria is therefore met/satisfied.
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 proposed docking facility will cover approximately 472 square feet of over
water structure, bringing the total over water square footage at the site to 559
square feet. This is small enough to qualify the dock as being exempt from needing a
permit from the state (the Florida Department of Environmental Protection). It is
also significantly smaller than most of the nearby docks, and the majority of this
square footage will occur within 20’ of the Mean High-Water Line. We believe that
the amount of decking proposed would allow reasonable, safe access, and is not
excessive. This criteria is therefore met/satisfied.
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.)
The length of the applicant’s vessel is 24’. The length of the access easement
grantee’s vessel is approximately 19’. Collectively, both vessels would therefore
amount to 43’, which is more than 50% of the applicant’s total shoreline (83’). This
criteria is therefore not met/satisfied.
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.)
The proposed docking facility is located entirely within the riparian area of the
property owner and also entirely within his platted property lines as well.
Furthermore, the project site is largely blocked on both sides by mangroves. Our
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opinion is therefore that the views of neighbors will not be significantly affected by
the proposed project. This criteria is therefore met/satisfied.
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.)
There are no seagrass beds present within 200’ of the proposed dock location. This
criteria is therefore met/satisfied.
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.)
The proposed work is for a single-family dock facility. The Collier County Manatee
Protection Plan does not restrict single-family docks, except for those within the sea
walled basin of Port of the Islands. This dock is not within Port of the Islands, and
so therefore complies with the Manatee Protection Plan. This criteria is therefore,
according to county staff, not applicable.
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Packet Pg. 88 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
Boathouse Criteria
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Packet Pg. 89 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
BOATHOUSE CRITERIA
1. Minimum side setback requirement: Fifteen feet.
Side setbacks of 15’ are provided as required in Chapter 5.03.06 F. of the Collier
County L.D.C. This criteria is met/satisfied.
2. Maximum protrusion into waterway: Twenty -five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks.
The protrusion of the proposed project will amount to a maximum of 3 0’ from the
Mean High-Water Line. The waterway is 87’ in width at this location, and so
therefore, the protrusion proposed will exceed the normal permissible amount. The
added protrusion will be addressed by BDE petition #PL20210000314. This criteria is
therefore met/satisfied.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
The proposed boathouse will be no more than 15’ in height. This criteria is therefore
met/satisfied.
4. Maximum number of boathouses or covered structures per site: One.
The site currently does not have any other boathouses or covered structures present.
And the project only proposes a single boathouse. This criteria is therefore satisfied.
5. All boathouses and covered structures shall be completely open on all 4 sides.
The boathouse will be completely open on all 4 sides. This criteria is therefore
met/satisfied.
6. Roofing material and roof color shall be the same as materials and colors used on
the principal structure or may be of a palm frond "chickee" style. A single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously with,
the construction of any boathouse or covered dock structure.
The roofing material and color will be the same as the principal structure. This
criteria is therefore met/satisfied.
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical
The proposed boathouse and dock will not affect any neighbor’s views. The sides are
both flanked by mangroves which protrude almost the same distance from the shore
as the proposed structure. This criteria is therefore met/satisfied.
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Packet Pg. 90 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
Professional Survey and Plat
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3.A.ePacket Pg. 92Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
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Packet Pg. 93 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr Donahue)
Original Access Easement Document
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Injunctive Relief
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Historical Aerials
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1969
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1973 3.A.e
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1980
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1985 3.A.e
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Submerged Resource Survey
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Packet Pg. 105 Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 : PL20210000314 BDE 715 Palm Point Dr
715 PALM POINT DR.
NAPLES, FL 34140
FOLIO #46372680002
SUBMERGED RESOURCE SURVEY REPORT
APRIL 2021
PREPARED BY:
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Table of Contents
1 Introduction ....................................................................................................................................... 1
2 Objective ............................................................................................................................................. 2
3 Methodology ...................................................................................................................................... 3
4 Results ................................................................................................................................................. 4
5 Conclusion .......................................................................................................................................... 5
6 Photos .................................................................................................................................................. 6
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715 Palm Point Dr. (Folio #46372680002)
Submerged Resource Survey
April 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 715 Palm Point Dr.
in Goodland, FL 34140 and that can be identified by folio #46372680002. This survey will provide
planning assistance to both the property owner and regulating agencies during any review
processes for the proposed project, which consists of constructing a private, recreational single-
family docking facility with 2 boatlifts.
The subject property consists of a 0.21-acre parcel that can be found on the south side of Goodland
within a man-made canal. The parcel currently contains a single-family residence with a rip rap
shoreline and an existing finger pier. The property is neighbored to the south, and north by single-
family residences, to the east by a county-owned public boat ramp park, and to the west by a
man-made canal. Nearly all surrounding lots contain additional docking facilities (with boatlifts)
similar in size to that which is proposed.
The SRS was conducted on April 14th 2021 at approximately 10:30 a.m. Site conditions consisted
of clear, sunny skies and 10 to 15 mph winds out of the east. Water clarity was poor, allowing for
submerged visibility of roughly only 6 to 12 inches on average. The ambient air temperature was
approximately 75 degrees Fahrenheit and ambient water temperature was approximately 73
degrees Fahrenheit. Low tide occurred prior to the site visit at 9:08 a.m. and reached
approximately 0.9 ft. above the mean low water mark. High tide occurred following the site visit
at 2:22 p.m. and reached 2.7 ft. above the mean low water mark.
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715 Palm Point Dr. (Folio #46372680002)
Submerged Resource Survey
April 2021
2
2 Objective
The objective of the SRS was to identify and locate any existing submerged resources within
200 feet (per Collier County regulations) 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.
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715 Palm Point Dr. (Folio #46372680002)
Submerged Resource Survey
April 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.
• 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 quadrant.
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715 Palm Point Dr. (Folio #46372680002)
Submerged Resource Survey
April 2021
4
4 Results
The substrate found within the surveyed area consists of a silty muck material with occasional
shell debris. The substrate appeared consistent throughout the project site to the limits of the
survey area. Additionally, depths increased gradually with distance from the shoreline to the
center of the canal. The shoreline at the project site consists of rip rap and mangroves. There was
no docking facility present at the project site at the time of the site visit.
Besides the mangroves found on the edges of the site and oysters found on existing dock piles,
no other natural shoreline, seagrasses, or other submerged resources are present at the project
site. Because the existing mangroves on the site are to be avoided and the existing dock piles will
remain, 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
Common Bottlenose dolphin Tursiops truncatus
Atlantic sheepshead Archosargus probatocephalus
Striped mullet Mugil cephalus
Eastern oyster Crassostrea virginica
Common barnacle Balanus spp.
Caulerpa Caulerpa spp.
Red mangrove Rhizophora mangle
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715 Palm Point Dr. (Folio #46372680002)
Submerged Resource Survey
April 2021
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5 Conclusion
The submerged resource survey was conducted and completed throughout a 200-foot radius
surrounding the project site and yielded no results besides the oysters present on the dock piles
and mangroves along the shoreline, neither of which will be affected by the proposed docking
structures. Accordingly, negative impacts to submerged resources are not expected as a result of
the proposed project.
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Submerged Resource Survey
April 2021
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6 Photos
Photo 1: Mangroves and rip rap shoreline found on site.
Photo 2: Shoreline opposite the subject property’s shoreline.
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Submerged Resource Survey
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Photo 3: View of waterway down the canal.
Photo 4: Typical view of substrate at project site.
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Submerged Resource Survey
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Photo 5: Oysters recruited on dock pile on site.
Photo 6: Typical view of bottomlands found on site.
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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 25.921851<> LONGITUDE:W -81.647370SITE ADDRESS:<> 715 PALM POINT DRGOODLAND, FL 34145Turrell, 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:\20035 blue marlin jobs\20035.10 donahue dock-715 palm point dr\CAD\PERMIT-COUNTY\200035.10-BDE.dwg LOCATION MAP 6/5/2021THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRLOCATION MAP52-------------------01 OF 09COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.ePacket Pg. 116Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
p:\20035 blue marlin jobs\20035.10 donahue dock-715 palm point dr\CAD\PERMIT-COUNTY\200035.10-BDE.dwg 6/5/2021NESW0244997SCALE 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:\20035 blue marlin jobs\20035.10 donahue dock-715 palm point dr\CAD\PERMIT-COUNTY\200035.10-BDE.dwg SUBMERGED RESOURCE SURVEY 6/5/2021THESE 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.:NPRMJ06-05-2120035.10-1827715 PALM POINT DRSUBMERGED RESOURCE SURVEY52-------------------06 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"MARCO SURVEYING & MAPPING"05-23-18-1.81'+0.67'83'7566'79379329PROPOSEDDOCKMHW =+0.67'SUBMERGEDRESOURCESURVEY LINE(10' O.C.)PALM POINT DREXISTING MANGROVEAREA (DIGITIZED BY2021 AERIAL)EXISTING MANGROVEAREA (DIGITIZED BY2021 AERIAL)EXISTINGMANGROVEAREA (DIGITIZEDBY 2021 AERIAL)NO SUBMERGEDRESOURCESFOUND ON SITE200'3.A.ePacket Pg. 117Attachment: Attachment D - Applicant's Backup, Application ans Supporting Documents (23588 :
10/27/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Doc ID: 23586
Item Summary: Petition No. VA-PL20220004839 - 406 Cristobel Street - Request for a variance from section
5.03.06.E.5 of the Land Development Code to reduce the required side setback for a boat dock facility from 15 feet
to 5 feet on the west side for a lot with 85± feet of water frontage located at 406 Cristobal Street and is further
described as Lot 579, Isles of Capri No. 3, in Section 32, Township 51 South, Range 26 East, Coll ier County,
Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1
Meeting Date: 10/27/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/07/2022 8:41 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/07/2022 8:41 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed
10/08/2022 1:57 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/13/2022 3:43 PM
Zoning Ray Bellows Review Item Completed 10/14/2022 10:01 AM
Zoning Mike Bosi Division Director Completed 10/14/2022 10:06 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/27/2022 9:00 AM
3.B
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VA-PL20220004839 - 406 Cristobal St Page 1 of 6
October 6, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: OCTOBER 27, 2022
SUBJECT: VA-PL20220004839, 406 CRISTOBAL STREET – MIDDLEBROOK
COMPANION TO BDE-PL2022004181
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Beau Middlebrook Jeff Rogers
406 Cristobal St. Turrell Hall & Associates, Inc.
Naples, FL 34113 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a variance from Section 5.03.06.E.5 of the Collier County Land
Development Code (LDC), to reduce the required side/riparian setback for dock facilities on lots
with a water frontage of 60 feet or greater from 15 feet to 5 feet on the west side for a lot with 85±
feet of water frontage, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 406 Cristobal Street, on the south side of Cristobal Street,
approximately 225-feet west of Capri Boulevard and is legally described as Isles of Capri Number
3, Lot 579, in Section 32, Township 51 South, Range 26 East. Collier County, Florida. (See
location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Single-Family-3 (RSF-3) Zoning District and
comprises 0.23± acres with 85± feet of water frontage. The petitioner desires to modify an existing
dock facility to allow for a second boat slip with a boatlift and vessel. The dock design is influenced
by the state’s DEP aquatic preserve rules and the County’s Land Development Code (LDC). The
applicant hopes to replace the existing dock facility while retaining an existing slip and lift; the
resulting design results in two pilings and a portion of a 38-foot vessel (by definition, both are part
of the “dock facility”) that will encroach 10 feet into a required 15-foot side/riparian setback on
the west side. Dock protrusion is addressed by companion petition, BDE-PL20220004181.
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SURROUNDING LAND USE & ZONING:
North: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
South: Johnson Bay, a waterway, located within a Rural Agricultural (A) zoning district
and Special Treatment (ST) overlay
East: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
West: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
Aerial – Collier County GIS
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VA-PL20220004839 - 406 Cristobal St Page 4 of 6
October 6, 2022
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Urban Designation, Urban Coastal Fringe Subdistrict, land use classification on the County’s
Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP
does not address individual Variance requests but deals with the larger issue of the actual use. 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. The GMP does not address individual variance requests, the Plan deals with the
larger issue of the actual land use.
ZONING ANALYSIS:
As per Section 5.03.06 E.5, all dock facilities on lots with a water frontage of 60 feet or greater
shall have a side setback requirement of 15 feet, except as provided in subsections 5.0306.E or
5.03.06.F or otherwise exempted. Staff has determined the subject boat dock facility is not exempt
and must therefore satisfy the 15-foot side/riparian setback requirement. The petitioner is
requesting to reduce the required side yard for dock facilities from 15 feet to 5 feet on the western
side to allow the proposed dock to be constructed as proposed within the plans contained within
Attachment A.
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 subject property is located upon a waterway/bay that is classified by the State of
Florida as an aquatic preserve. The State’s aquatic preserve rules limit the size, location, and
protrusion of docks; most significantly, the dock cannot protrude out past the 4-foot MLW
contour line or 25 feet from the MHWL/seawall.
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 is located within a natural waterway classified as an
aquatic preserve by the State of Florida and therefore the dock design must meet the state’s
rules for aquatic preserves which are more restrictive on the overall allowed protrusion.
There are no variances or deviations allowed per the state’s rules other than encroaching into
a side yard. As a result, the applicant is seeking a variance from the side/riparian setback to
comply with the County’s LDC.
c. Will a literal interpretation of the provisions of this zoning code work an unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
The applicant’s agent states: “Yes. The denial of this petition request would prevent the
applicant to having any options to store the two vessels he currently owns on site due to no
other dock configuration options that would accommodate both vessels. This is due to the
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October 6, 2022
state’s aquatic preserve rules which limit the applicant’s ability to protrude any further out
into the subject waterway than 25-feet. Additionally, the subject property being zoned RSF-
3 residential single-family property is allowed 2 boat slips.” Staff concurs that single-family
zoning typically allows for 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 promotes 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 provides safe access and provide mooring area for the two vessels the
applicant currently owns. Also, the proposed docking facility is consistent with the other
docking facilities along this shoreline.” Staff agrees that the proposed dock has been designed
to eliminate excess decking and that the 4-foot finger portion should allow adequate space
for routine maintenance and safe loading/unloading of the vessels.
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. Additionally, the applicant’s agent notes that there are similar existing conditions
in the area that have not yet needed variances as they are presently legal and non-conforming.
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 applicant’s agent states: The variance is for a docking facility and associated vessel
to be stored at the subject property. This is a waterfront boating community that offers access
to the subject waterway through riparian rights therefore the proposed dock will not affect
the functionality of any surrounding lots but allow this property to be consistent with the
others along the same subject shoreline with two boat slips. Additionally, the subject property
owner has received setback waivers from both adjacent property owners.” Staff finds the
subject variance will be in harmony with the general intent and purpose of the LDC and will
not be injurious to the neighborhood or detrimental to public welfare. With respect to the
“setback waivers,” the applicant is referring to a “Letter of Concurrence for Setback Waiver”
that is contained within Attachment D. Staff is of the opinion the subject letter
acknowledges notification of a setback issue; however, believes the text does not adequately
inform the adjacent property owner of the actual details of the variance. Staff does further
note that the neighbor should have also received a written “Agent Letter” from the petitioner
clearly stating the facts of this variance request.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
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and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes. The applicant states: “The subject waterway is a natural bay made up of sovereign
submerged lands (state lands). Additionally, the waterway is classified as an aquatic preserve
which restricts dock designs to reduce impacts to surrounding natural characteristics.” Staff
concurs.
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:
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-PL20220004181, to allow the proposed boat dock facility to
protrude a total of 26 feet into a waterway that is 358± 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 on or about September 12, 2022, as evidenced by an executed Affidavit of Compliance
contained within Attachment D.
Notice of the Hearing Examiner’s public 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-
PL20220004839 to reduce the minimum west side/riparian setback from 15 feet to 5 feet, thereby
allowing for the construction of the dock facility depicted within Attachment A, subsequent to the
approval of a companion Boat Dock Extension, BDE-PL20220004181, for the benefit of the
subject property.
Attachments:
A) Proposed Dock Plans
B) Boundary & Topographic Survey
C) Public Hearing Sign Posting
D) Applicant’s Backup: Application, Narrative, Agent Letter Info
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Packet Pg. 124 Attachment: Staff Report 10052022 (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9865369<> LONGITUDE:W -81.7274113SITE ADDRESS:<> 406 CRISTOBAL STNAPLES, FL 34113Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg LOCATION MAP 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.LOCATION MAP51-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.bPacket Pg. 125Attachment: Attachment A - Proposed Dock Plans (23586 : PL20220004839 VA 406 Cristobal St
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xNESW0153060SCALE IN FEETSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'EXISTINGSEAWALLEXISTINGDOCKAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINEEXISTING12' X 12'LIFTSUBJECT PROPERTYTurrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.EXISTING CONDITIONS51-------------------02 OF 0415'34'26'32'4'85'120'120'85'15'3.B.bPacket Pg. 126Attachment: Attachment A - Proposed Dock Plans (23586 : PL20220004839 VA 406 Cristobal St
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xp:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg 8/31/2022NESW0 10 2040SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg PROPOSED DOCK WITH SETBACKS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.PROPOSED DOCK WITH SETBACKS51-------------------03 OF 04EXISTINGSEAWALLRIPARIAN LINERIPARIAN LINEEXISTING 12' X 12'LIFT TO BERELOCATEDSUBJECT PROPERTYPROPOSED12' X 12'LIFTSITE ADDRESS:,406 CRISTOBAL STNAPLES FL 34113PROPOSED(2) FENDOFF PILESPROPOSEDRAILEXISTINGCANOPYTO REMAINEXISTINGDOCK TO BEREMOVED5'24'14'14'12'12
'AA0415'17'17'36'38' LOA30' LOAPROPOSEDDOCK4'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'18718726'26'3.B.bPacket Pg. 127Attachment: Attachment A - Proposed Dock Plans (23586 : PL20220004839 VA 406 Cristobal St
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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg ST OVERLAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ST OVERLAY51-------------------04 OF 04PROPOSEDDOCKSTOVERLAY3.B.bPacket Pg. 128Attachment: Attachment A - Proposed Dock Plans (23586 : PL20220004839 VA 406 Cristobal St
3.B.cPacket Pg. 129Attachment: Attachment B - Boundary and Topographic Survey (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)David Hyatt PSMDigitally signed by David Hyatt PSM Date: 2022.02.10 13:44:29 -05'00'
3.B.dPacket Pg. 130Attachment: Attachment C - Public Hearing Sign Posting (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
3.B.dPacket Pg. 131Attachment: Attachment C - Public Hearing Sign Posting (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
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Page 1 of 2
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section
at the address listed below. This form must be signed by Addressing personnel prior to the pre-application meeting. Please allow
3 business days for processing.
Not all items will apply to every project. Items in bold 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 Permit)
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 Improvement 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 DESCRIPTION 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)
•LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way
•SURVEY (copy – only needed for unplatted properties)
CURRENT PROJECT NAME (if applicable)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
SDP - or AR or PL #
Addressing Checklist (Rev 12/2021)
T51, R26, S32
name not yet approved
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Packet Pg. 140 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)4
ISLES OF CAPRI NO 3 LOT 579
52450120009
406 Cristobal St, Naples, FL 34113
Middlebrook - 406 Cristobal St
Addressing Checklist (Rev 12/2021) Page 2 of 2
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether
proposed or existing)
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Phone: Email:
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 A NEW FORM SUBMITTED.
52450120009
7/13/2022
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Packet Pg. 141 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)4
Jeff Rogers
(239) 643-0166 Jeff@thanaples.com caitlin@thanaples.com
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Packet Pg. 142 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
Pre-Application Meeting Notes
GMD - Zoning Services
Planner: John Kelly
(239)252-5719
John.kelly@colliercountyfl.gov
VARIANCE
• Complete the required application; respond to each question and sign
• Refer to the Final Submittal Requirement Checklist and provide/submit required documents
o All submitted plans must be legible when duplicated on 8.5” X 11” standard paper
o The final recording of documents is in black & white; minimize the use of color
• On a sheet separate from the application, provide a “Narrative Statement” to include a detailed
explanation of the variance(s) being requested; identify what structures are existing and what is
proposed; the amount of encroachment in feet, i.e. reduce the front yard setback from 25 feet to
18.5 feet; how the encroachment was made known; and why the encroachment is necessary.
Additionally, for After-the-fact Variances, please provide detailed building permit information.
• On a sheet separate from the application, provide persuasive and convincing responses to each of
the “Criteria for Variances” contained within LDC Section 9.04.03.a – h. (The Land Development
Code may be viewed online at www.municode.com)
• Provide an As-Built or Boundary Survey to depict any/all after-the-fact encroachments;
measurements are to be in feet. Such surveys should also demonstrate lot dimensions as well as the
principal use of the property in question.
• Provide a Site Plan, drawn to scale, to depict any/all proposed construction with all measurements
in feet. Note that a certified site plan will be required during the permitting process; it is suggested
that the same plan that is used for this variance request be used for permitting purposes.
• For After-the-Fact Variance requests, please provide Building Permit information, including
approved permits, approved site/concept plans, surveys, and Certificates of
Occupancy/Completion.
• Note that in lieu of conducting a Neighborhood Information Meeting (NIM) the applicant is
responsible for mailing an “Agent Letter” to each property owner and homeowners’ association
located within 150 feet of the subject property.
• The applicant is responsible for the posting of a public hearing sign or signs on property’s
comprising one-acre or more; County staff will be responsible for public hearing signs on
property’s of less than one-acre.
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TURRELL, HALL & ASSOCIATES, INC.
Marine & Environmental Consulting
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ● tuna@thanaples.com
August 31, 2022
Collier County Growth Management
2800 Horseshoe Dr.
Naples, FL 34104
RE: Middlebrook Dock – 406 Cristobal Street, Lot 579 (folio 52450120009)
PL20220004839 Variance
To Whom It May Concern,
Turrell, Hall & Associates, Inc. is submitting a Variance application on behalf of our client for
their dock located at 406 Cristobal Street, Lot 579 in Naples, FL. This variance petition seeks to
reduce the west riparian line setback from 15-feet to 5-feet to provide enough area to moor the
applicant’s vessel on the proposed dock and associated boatlift. The subject property is zoned
RSF-3 which is allowed two boatlifts per the Collier County LDC. The state’s DEP aquatic
preserve rules are more restrictive than the local county rules and therefore the proposed dock
design as proposed meets the DEP rules and is the only realistic option to provide safe mooring
for two vessels onsite. As proposed the dock and vessels will be within meet the required side
yard setback on the east side being 15-feet but will not meet the 15-foot setback requirement on
the west side. The two driving factors for this variance request are the currently owned vessels
by the applicant that will be moored onsite and the DEP rules which do not allow for any
deviations/variances regarding overall dock protrusion. Due to these factors both vessels will
be moored within 26-feet from the seawall/MHWL/property line but will then have to
encroach into the side yard setback. Please see attached exhibits indicating the proposed dock
design.
If you have any questions, please contact me via email jeff@thanaples.com or at the office 239-
643-0166. Thank you.
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Packet Pg. 144 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
TURRELL, HALL & ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue ● Naples, Florida 34104-3732 ● 239-643-0166 ● Fax (239) 643-6632 ●Jeff@THAnaples.com
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 has an existing docking facility and one canopy covered boatlift
along a seawall shoreline on a natural bay. The proposed work consists of modifying the
existing docking facility and installing one new boatlift to accommodate the applicant’s new
boat with the overall dock protrusion being 26-feet from the most restrictive point (Mean High
Water Line/property line). The subject property shoreline consists of approximately 85-linear
feet and the existing boatlift on the east side will remain in the existing footprint which meets
the required 15-foot setback.
This variance petition seeks to reduce the riparian line setback on the western side of the
modified dock from 15-feet to 5-feet which is indicated on the attached variance exhibits. The
subject property is zoned RSF-3 (residential single-family) which is allowed two boat slips per
the Collier County LDC. The driving factor for this variance request as well as the Boat Dock
Extension is the location of the subject property/waterway being within the Rookery Bay
Aquatic Preserve. Due to this fact the state’s dock design criteria are more restrictive and there
are no deviations or variances allowed on the overall allowed protrusion the proposed dock
design is what was allowed based on the state’s rules. However, the proposed dock design does
not meet the state’s required side yard setbacks being 25-feet as both adjacent property owners
have provided us with setback waivers acknowledging the encroachment and are not objecting
to the proposed modifications.
As proposed the dock will maintain the 15-foot setback from the east side riparian line but the
western setback will only be 5-feet. Therefore, as proposed we are requesting the western side
yard setback be reduced from the required 15-feet to 5-feet which is a 10-foot reduction from
what is required.
2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site
alterations, including any dredging and filling.
The proposed project consists of modifying the existing docking facility on-site due to the state
rules which requires the dock protrusion to be reduced which limits design options which
would accommodate two vessels. The project will not alter the site in any way as the existing
dock will only be modified and an additional boatlift will be added.
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:
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Packet Pg. 145 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
a) Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure, or building involved.
The special condition for the subject property driving this request is the subject waterway/bay
is classified as an aquatic preserve with the state of Florida and therefore the state’s dock design
criteria is more restrictive on the allowed protrusion. Based off the state rules the dock cannot
extend out past the -4’ MLW contour line or 25-foot protrusion measurement from the
MHWL/seawall. Due to this restriction the dock design being proposed is really the only
option that will accommodate both vessels the owner/applicant currently owns but forces the
new boatlift and associated vessel to encroach into the side yard setback of 15-feet by 10-feet
which puts the bow of the vessel approximately 5-feet from the riparian line.
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.
As stated above, the property is located within a natural waterway classified as an aquatic
preserve by the state of Florida and therefore the dock design must meet the state rules for
aquatic preserves which are more restrictive on overall allowed protrusion. There are no
variances or deviations allowed per the state rules other than encroaching into side yard setback
requirements. Due to this the proposed dock modification results in requiring a variance from
the riparian setbacks to comply with Collier County’s LDC.
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 this petition request would prevent the applicant to having any options to
store the two vessels he currently owns on site due to no other dock configuration options that
would accommodate both vessels. This is due to the state’s aquatic preserve rules which limit
the applicant’s ability to protrude any further out into the subject waterway than 25-feet.
Additionally, the subject property being zoned RSF-3 residential single-family property is
allowed 2 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, or welfare.
Yes. The proposed docking facility has been reduced to the minimum size and still provide safe
access and provide mooring area for the two vessels the applicant currently owns. Also, the
proposed docking facility is consistent with the other docking facilities along this shoreline.
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.
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Packet Pg. 146 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
No. Several of the neighboring lots already contain similar docking facilities that also required a
BDE and the others that are existing are considered grandfathered structures which do not
provide the required 15-foot side yard setback.
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.
The variance is for a docking facility and associated vessel to be stored at the subject property.
This is a waterfront boating community that offers access to the subject waterway through
riparian rights therefore the proposed dock will not affect the functionality of any surrounding
lots but allow this property to be consistent with the others along the same subject shoreline
with two boat slips. Additionally, the subject property owner has received setback waivers
from both adjacent property owners.
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 subject waterway is a natural bay made up of sovereign submerged lands (state lands).
Additionally, the waterway is classified as an aquatic preserve which restricts dock designs to
reduce impacts to surrounding natural characteristics.
h) 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.
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Packet Pg. 151 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9865369<> LONGITUDE:W -81.7274113SITE ADDRESS:<> 406 CRISTOBAL STNAPLES, FL 34113Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg LOCATION MAP 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.LOCATION MAP51-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.ePacket Pg. 152Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xNESW0153060SCALE IN FEETSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'EXISTINGSEAWALLEXISTINGDOCKAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINEEXISTING12' X 12'LIFTSUBJECT PROPERTYTurrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.EXISTING CONDITIONS51-------------------02 OF 0415'34'26'32'4'85'120'120'85'15'3.B.ePacket Pg. 153Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xp:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg 8/31/2022NESW0102040SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg PROPOSED DOCK WITH SETBACKS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.PROPOSED DOCK WITH SETBACKS51-------------------03 OF 04EXISTINGSEAWALLRIPARIAN LINERIPARIAN LINEEXISTING 12' X 12'LIFT TO BERELOCATEDSUBJECT PROPERTYPROPOSED12' X 12'LIFTSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113PROPOSED(2) FENDOFF PILESPROPOSEDRAILEXISTINGCANOPYTO REMAINEXISTINGDOCK TO BEREMOVED5'24'14'14'12'12
'AA0415'17'17'36'38' LOA30' LOAPROPOSEDDOCK4'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'18718726'26'3.B.ePacket Pg. 154Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406
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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-VARIANCE.dwg ST OVERLAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ST OVERLAY51-------------------04 OF 04PROPOSEDDOCKSTOVERLAY3.B.ePacket Pg. 155Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406
Notification of Variance
to Property Owners and Associations within 150 feet
Turrell, Hall & Associates, Inc.
3584 Exchange Ave. Suite B
Naples, FL 34104
Office: 239 643-0166
7.27.2022
Mailing Address
Naples, FL
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a
variance, PL, from the requirements of the zoning regulations as they apply to the
following described property:
ISLES OF CAPRI NO 3 LOT 579, Replat in Section 32,
Township 51 South, Range 26 East, Collier County, Florida
AKA: 406 Cristobal St, Folio: 52450120009
It is our intent to ask the County to allow us to reduce the minimum side yard setback
from the west riparian line from 15 feet to 5.0 feet for the proposed boat lift and
associated vessel to accommodate the proposed dock modifications which are being
required by the Department of Environmental Protection (DEP). If you have any questions
or concerns, please feel free to contact Jeff Rogers using the contact information listed
below.
Regards,
Jeff Rogers
Turrell, Hall & Associates, Inc.
Jeff@thanaples.com
3.B.e
Packet Pg. 156 Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406 Cristobal St Middlebrook)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE
405 CRISTOBAL STREET TRUST 3560 4TH AVE SAN DIEGO, CA 92103---0 ISLES OF CAPRI NO 3 LOT 584 52450320003 U
CALLAHAN, KELLY T & SHARON L 401 CRISTOBAL ST NAPLES, FL 34113---0 ISLES OF CAPRI NO 3 LOT 586 52450400004 U
COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 ISLESOF CAPRI NO 3 LOT 702 PARK 52455040003 U
HELSEL, RONALD M DENISE S CATERINI-HELSEL 404 CRISTOBAL ST NAPLES, FL 34113---1209 ISLES OF CAPRI NO 3 LOT 578 52450080000 U
J & M A BOERNER REV LIV TRUST 409 CRISTOBAL ST NAPLES, FL 34113---8618 ISLES OF CAPRI NO 3 LOT 582 52450240002 U
JULIE GAUTHIER REV TRUST 403 CRISTOBAL ST NAPLES, FL 34113---0 ISLES OF CAPRI NO 3 LOT 585 OR 1942 PG 2022 52450360005 U
MIDDLEBROOK, BEAU CHRISTOPHER 406 CRISTOBAL ST NAPLES, FL 34113---0 ISLES OF CAPRI NO 3 LOT 579 52450120009 U
NANCY J DEVOLDER REV TRUST 407 CRISTOBAL ST NAPLES, FL 34113---8618 ISLES OF CAPRI NO 3 LOT 583 52450280004 U
WARD TR EST, HARLAN R HARLAN R WARD Q/P/R TRUST EST UTD 5/2/01 % DOLORES J WARD PR 408 CRISTOBAL ST NAPLES, FL 34113---8618 ISLES OF CAPRI NO 3 LOT 580 52450160001 U
WASSERMAN, THEODORE & KAREN L 445 STOKES RD SHAMONG, NJ 08088---8924 ISLES OF CAPRI NO 3 LOT 577 52450040008 U
WASSERMAN, THEODORE W KAREN L WASSERMAN 410 CRISTOBAL ST NAPLES, FL 34113---8618 ISLES OF CAPRI NO 3 LOT 581 52450200000 U
Notice: 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: PL20220004839 | Buffer: 150' | Date: 8/1/2022 | Site Location: 52450120009
POList_150
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3.B.ePacket Pg. 163Attachment: Attachment D - Application, Narrative, Agent Letter Info (23586 : PL20220004839 VA 406
10/27/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Doc ID: 23587
Item Summary: Petition No. BDE-PL20220004181 - 406 Cristobel Street - Request for a 6-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways gr eater than 100 feet in width, to allow
a boat docking facility protruding a total of 26 feet into a waterway that is 358± feet wide, pursuant to LDC Section
5.03.06. The subject property is located at 406 Cristobal Street and is further described as Lot 57 9, Isles of Capri
No. 3, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior
Planner] Commission District 1
Meeting Date: 10/27/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/07/2022 8:41 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/07/2022 8:41 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed
10/08/2022 2:01 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/13/2022 3:44 PM
Zoning Ray Bellows Review Item Completed 10/14/2022 10:05 AM
Zoning Mike Bosi Division Director Completed 10/14/2022 10:56 AM
Hearing Examiner Andrew Dickman Meeting Pending 10/27/2022 9:00 AM
3.C
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BDE-PL20220004181 – 406 Cristobal St. Page 1 of 9
October 6, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION - ZONING SERVICES SECTION
HEARING DATE: OCTOBER 27, 2022
SUBJECT: BDE-PL20220004181, 406 CRISTOBAL STREET – MIDDLEBROOK
COMPANION TO VA-PL20220004839
_________________________________________________________________________
PROPERTY OWNER: AGENT:
Beau Middlebrook Jeff Rogers
406 Cristobal Street Turrell, Hall & Associates, Inc.
Naples, FL 34113 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
Request to approve a 6-foot boat dock extension from the maximum permitted protrusion of 20
feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total
of 26 feet into a waterway that is 358± feet wide, pursuant to Section 5.03.06.E.1 of the Collier
County Land Development Code (LDC).
GEOGRAPHIC LOCATION:
The subject property is located at 406 Cristobal Street, on the south side of Cristobal Street
approximately 225-feet west of Capri Boulevard and is legally described as Isles of Capri Number
3, Lot 579, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (See
location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Single-Family-3 (RSF-3) Zoning District and
supports a single-family dwelling with 85± feet of water frontage on Johnson Bay. The petitioner
seeks to modify an existing dock facility for which the County’s Hearing Examiner previously
issued a formal decision, HEX No. 2021-29, allowing for a 40-foot protrusion; see Attachment
C. The subject waterway is located within a section of Johnson Bay that is state lands lying
(Continued on Page 3)
3.C.a
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BDE-PL20220004181 – 406 Cristobal St. Page 2 of 9
October 6, 2022
3.C.aPacket Pg. 166Attachment: Staff Report 10-14-22 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
BDE-PL20220004181 – 406 Cristobal St. Page 3 of 9
October 6, 2022
Purpose/Description of Project,
(Continued from Page 1)
within the Rookery Bay Aquatic Preserve and it has since been determined that neither the
existing nor the proposed dock facility are compliant with the state Department of Environmental
Protection (DEP) aquatic preserve rules. The subject dock facility has therefore been completely
redesigned to allow for two boat slips, each with a boatlift, that will protrude 26 feet from the
property line; the vessels will measure 30 feet and 38 feet, respectively.
The existing dock received development approval by means of Building Permit No. 79-4599,
issued on or about September 20, 1979, for a T-shaped dock; see Attachment D. County records
reveal the current 20-foot protrusion limitation was first introduced into development regulations
by means of Ordinance 79-45, for which the effective date was July 10, 1976; therefore, as permit
records reveal a dock facility protruding 32 feet into the waterway, said permit was issued in error.
A boatlift and 4 pilings were later added to the existing dock facility by means of Permit No.
PRBD20160205777 in 2016; said addition protrudes 19.7 feet from the property line; see
Attachment E. LDC Section 5.03.06.E.5 requires a 15-foot side/riparian setback for lots with a
water frontage of 60 feet or greater. The new dock design will be setback 15-feet to the west side
and only 5 feet from the east side; therefore, a companion variance must also be approved to allow
for the proposed dock facility.
3.C.a
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BDE-PL20220004181 – 406 Cristobal St. Page 4 of 9
October 6, 2022
SURROUNDING LAND USE & ZONING:
North: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
South: Johnson Bay, a waterway, located within a Rural Agricultural (A) zoning district
and Special Treatment (ST) overlay
East: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
West: Single-family residence, within a Residential Single Family-3 (RSF-3) zoning
district
Aerial – Collier County GIS
3.C.a
Packet Pg. 168 Attachment: Staff Report 10-14-22 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
BDE-PL20220004181 – 406 Cristobal St. Page 5 of 9
October 6, 2022
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to an ST overlay zone (Johnson Bay), which will
require an ST-permit for the proposed docking facilities prior to the issuance of the building
permits. The proposed docking facilities will be constructed waterward of the existing seawalled
shoreline. The shoreline does not contain native vegetation. A submerged resources survey
provided by the applicant found no submerged resources in the area 200 feet beyond the proposed
docking facility. Exhibit sheet 6 of 8 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-3 Zoning District and
supports a single-family dwelling for which the LDC allows two boat slips. The proposed
project consists of removing the existing dock facility but keeping the boatlift and pilings
that were constructed by means of Permit No. PRBD20160205777. The replacement dock,
as well as a second lift for a second vessel, will be constructed within 26 feet of the
MHWL/property line as required by DEP to be in compliance with the State’s Aquatic
Preserve rules.
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.C.a
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BDE-PL20220004181 – 406 Cristobal St. Page 6 of 9
October 6, 2022
Criterion met. The applicant’s agent states: “The proposed dock is limited by the State
(DEP) to only protrude out to the -4’ MLW contour line. The depths landward of the
proposed dock and associated boatlifts are too shallow to moor the vessels and provide
sufficient depths for the boatlifts to fully function at a low tide elevation. Additionally, due
to the subject property and surrounding waterway being within the Rookery Bay Aquatic
Preserve dredging is not an option therefore pushing the proposed dock out past the 20-
foot protrusion point is the only option and still provides enough area for the two vessels.”
Staff concurs with the applicant’s argument.
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.)
Criterion met. As proposed, the subject dock will protrude less than the two adjacent
docks and many of the surrounding docks on the subject waterway. The proposed dock
facility does not protrude into any marked or charted navigable channel and will not impede
any vessel traffic.
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 waterway width at the subject location is 358± feet; therefore, the
proposed dock facility will occupy 7.26 percent of the waterway width. The subject
waterway narrows considerably immediately east of the subject waterway. Using the
applicant’s Sheet No. 08 of 08, Width of Waterway, it is appropriate to note the waterway
immediately to the east is 138 feet wide (118 feet plus 20-foot average protrusion) and that
there will be approximately 92 feet between dock facilities which results in 92 feet or 66.67
percent of the waterway remaining free for navigation at the narrowest point.
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: “The proposed docking facility will maintain
its current setback from the east riparian line which is 15-feet. The proposed western
setback is only 5-feet as proposed but the owner has signed a setback letter which is
attached to the BDE submittal for your recorders {sic} indicating they do not object and as
proposed the boat will {sic} encroach or block their access or current utilization of their
shoreline.” For the purposes of satisfying this criterion, staff concurs; however, must note
that the provided “Letter of Concurrence for Setback Waiver”, see Attachment F, is not
entirely accurate with respect to the depicted setback; the attached plan is however accurate
indicating the neighbor is aware of the request.
3.C.a
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BDE-PL20220004181 – 406 Cristobal St. Page 7 of 9
October 6, 2022
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include the type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
Criterion met. The applicant’s agent states: “The subject property is located within the
Rookery Bay Aquatic Preserve and therefore is restricted/limited to the DEP (state’s)
aquatic preserve dock design criteria. The two most restrictive design criteria are the
overall allowed protrusion out into the waterway and the total over-water square footage.
Additionally, another design issue, in this case, is the applicant’s vessel size being 38-feet
LOA and designing a dock configuration that meets the aquatic preserve rules as well as
the county LDC rules. As currently proposed the dock protrudes out past the allowed 20-
feet per the LDC but is within the allowed protrusion per the aquatic preserve rules being
26-feet from the MHWL.
Due to all of these limitations mostly being implemented by the state the proposed dock
configuration is really the only option the applicant has to accommodate the two vessels
they currently own. As proposed the vessel will encroach into the required side yard
setback which is why a variance application has also been submitted as a companion to this
BDE request.”
Staff finds that the State’s aquatic preserve rules to be more restrictive than the County’s
dock requirements and therefore finds the argument to be treated as a special condition is
compelling; staff therefore concurs.
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: “The proposed project consists of minimizing
the existing docking facility from 781-square feet down to 284-square feet over-water
structure. The proposed project is being driven by the applicant’s new vessel and the
proposed dock modifications will minimize the decking area due to the aquatic preserve
rules. However, as designed the proposed dock will still provide adequate deck area for
safe access to the vessels as well as still provide enough deck area for maintenance and
recreational activities like fishing, kayaking, and paddle boarding.” Staff concurs.
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.)
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October 6, 2022
Criterion not met. The proposed docking facility has been designed to moor two vessels,
one being 38 feet LOA and the other being 30 feet LOA, totaling 68 feet; the total shoreline
width is 85 feet, thus the 50 percent limitation is exceeded, with the total length of the two
vessels representing 80 percent of the total length of the frontage. Staff is concerned that
this represents an intensification of use that could be detrimental to adjoining properties.
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.)
Criterion met. The applicant’s agent states: “As proposed the dock has been minimized
regarding the overall protrusion out into the waterway. Additionally, the dock will now not
extend out as far into the waterway as the two adjacent docking facilities. The one major
issue is on the west side the proposed vessel slip will encroach into the required yard
setback of 15-feet, but the owner of that property has already signed off on a letter of no
objection which is attached for your records. As proposed the dock will not impact either
property owner’s view out into the waterway, and both have side [sic] letters of no
objection.” Again, staff notes that the letters contained within Attachment F are not
entirely correct; however, staff accepts them as evidence that each of the respective signers
is aware of the subject zoning action; staff therefore concurs.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
Criterion met. There are no seagrass beds present within 200 feet of the existing or
proposed 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.)
Criterion is not applicable. Criterion not applicable. The provisions of the Collier
County Manatee Protection Plan do not apply to single-family dock facilities except for
those within the 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 primary criteria. With respect to the six
secondary criteria, one of the criteria is found to be not applicable, the request meets four of the
remaining five secondary criteria.
CONCURRENT LAND USE APPLICATIONS:
• Variance Petition – PL20220004839
APPEAL OF BOAT DOCK EXTENSION:
3.C.a
Packet Pg. 172 Attachment: Staff Report 10-14-22 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
BDE-PL20220004181 – 406 Cristobal St. Page 9 of 9
October 6, 2022
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of
the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of
Collier County within 30 days of the decision. 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 and letters of no objections from adjoining properties, staff
recommends that the Hearing Examiner APPROVE Petition BDE-PL20220004181, to allow for
the construction of the proposed dock facility as depicted within the plans contained in Attachment
A, subject to the approval of companion Variance Petition No. PL20220004839. Should the
companion Variance not be approved, the subject BDE shall become null and void.
Attachments:
A) Proposed Site and Dock Plans
B) Public Hearing Sign Posting
C) Hearing Examiner Decision No. 2021-29
D) Building Permit No. 79-4599
E) Building Permit No. PRBD20160205777
F) Applicant’s Backup, including Application and Supporting Documents
3.C.a
Packet Pg. 173 Attachment: Staff Report 10-14-22 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9865369<> LONGITUDE:W -81.7274113SITE ADDRESS:<> 406 CRISTOBAL STNAPLES, FL 34113Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg LOCATION MAP 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.LOCATION MAP51-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.C.bPacket Pg. 174Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xNESW0153060SCALE IN FEETSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'EXISTINGSEAWALLEXISTINGDOCKAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINEEXISTING12' X 12'LIFTSUBJECT PROPERTYTurrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.EXISTING CONDITIONS51-------------------02 OF 0815'34'26'32'4'85'120'120'85'15'3.C.bPacket Pg. 175Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xp:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg 8/31/2022NESW0102040SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg PROPOSED DOCK 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.PROPOSED DOCK51-------------------03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:EXISTINGSEAWALLRIPARIAN LINERIPARIAN LINEEXISTING 12' X 12'LIFT TO BERELOCATEDSUBJECT PROPERTYPROPOSED12' X 12'LIFTSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113PROPOSED(2) FENDOFF PILESEXISTINGDOCK TO BEREMOVED24'14'14'12'12
'
26'AA04PROPOSEDRAILEXISTINGCANOPYTO REMAIN5'15'36'38' LOA30' LOAPROPOSEDDOCK4'"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'18718726'3.C.bPacket Pg. 176Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
x -2.47x -2.77x -4.00Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg CROSS SECTION AA 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.CROSS SECTION AA51-------------------04 OF 08ALL WOOD PILES TO BE WRAPPED FROM12" ABOVE MHWL TO 6" BELOW SUBSTRATECROSS SECTION AASCALE: 1" = 6'MHW (++0.42' NAVD)MLW (--1.63' NAVD)14' BOAT LIFT12' BOAT LIFTPROPOSEDDOCKPROPOSEDSTRINGERPROPOSEDCAP TIMBER4'3'EXISTINGCANOPY TOREMAIN3.C.bPacket Pg. 177Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
NESW050100200SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg ADJACENT DOCKS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ADJACENT DOCKS51-------------------05 OF 08NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.17'32'30'
30'
26'
35'68'33'42'130'34'3.C.bPacket Pg. 178Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg SUBMERGED RESOURCE SURVEY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.SUBMERGED RESOURCE SURVEY51-------------------06 OF 08TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT200'10'172'200'3.C.bPacket Pg. 179Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg ST OVERLAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ST OVERLAY51-------------------07 OF 08PROPOSEDDOCKSTOVERLAY3.C.bPacket Pg. 180Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
NESW050100200SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg WIDTH OF WATERWAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.WIDTH OF WATERWAY51-------------------08 OF 08NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.358'118'
381'3.C.bPacket Pg. 181Attachment: Attachment A - BDE Exhibits - Updated 8.31.22 (23587 : PL20220004181 BDE 406 Cristobal St
3.C.cPacket Pg. 182Attachment: Attachment B - Public Hearing Sign Posting (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
3.C.cPacket Pg. 183Attachment: Attachment B - Public Hearing Sign Posting (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
HEX NO. 2021-29
HEARING EXAMINER DECISION
DATE OF HEARING.
July 22, 2021
PETITION.
PETITION NO. BDE-PL20210000519 406 Cristobal St - Request for a 20-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100
feet in width allowed by Section 5.03.06.E.1 of the Land Development Code, to allow
construction of a boat docking facility and vessel protruding a total of 40 feet into a waterway
that is 358 feet wide, for property located at 406 Cristobal Street, legally described as Isles
of Capri Number 3, Lot 579, in Section 32, Township 51 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks to modify an existing dock for a single-family home within Isles of Capri,
subject to the RSF-3 Single Family Zoning designation. The existing boat lift accommodates a
25-foot vessel. The existing dock is proposed to be modified by removing a section to transform
the "T" to an "L," and by adding a second boat lift for a 38-foot vessel. This request is needed
because the total proposed protrusion from the property line to accommodate the new boat lift and
vessel is 40 feet, which exceeds the maximum allowed protrusion of 20 feet.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
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
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Packet Pg. 184 Attachment: Attachment C - HEX Decision 2021-29 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
5. A public notice was published in the Naples Daily News on July 2, 2021, at least 15 days prior
to the hearing; and a notification letter was sent to property owners within 500 feet of the
subject site on July 2, 2021, at least 15 days prior to the hearing. A sign was also posted on the
property 15 days prior to the hearing.
6. The County representative introduced the Petition and staff recommendations, followed by
Petitioner and/or Petitioner's representative, and then public comment.
7. 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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The property is located within a residential single-family zoning
district. The number of dock facilities and/or boat slips appropriate for a typical single-
family use is no more than two slips. The request is to maintain the existing condition of
two boats; one is now proposed to be a 38 foot vessel with a boat lift and the existing boat
lift is to accommodate a 25 foot vessel. The proposed modifications result in the dock and
vessel combination protruding 40 feet from the property line.
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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this this criterion is not met. The water depth is not an issue.
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
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Packet Pg. 185 Attachment: Attachment C - HEX Decision 2021-29 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The proposed dock facility is to protrude a maximum of 40 feet into
the waterway which is consistent with the existing conditions depicted on page 3 of the
county's staff report and consistent with positions of neighboring dock facilities.
Additionally, the proposed dock facility will not impact navigation as the waterway does
not have a marked navigational channel; the entire Bay is open to 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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The dockfacility is proposed to protrude 40 feet into a waterway that
is approximately 358 feet wide, so the protrusion is under 12% of the 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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The dock is proposed to maintain required 15 foot setbacks from the
riparian lines, with no recognized impediments to the navigation of neighboring docked
vessels.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The subject property shoreline consists of a concrete seawall with 85-
feet of usable shoreline. The required side yard setbacks of 15 feet for a total of 30 feet
leaves only 55 feet of buildable area for the proposed dock and associated vessels. Due to
the applicant's vessel sizes and the existing adjacent neighboring docking facilities there
is not enough space to design a dock and boatlift that would accommodate the applicant's
vessel within the 20 foot limitations. The least impactive is to push the boatlift out further
into the subject waterway as there is plenty of room for navigation and will not affect the
waterway navigability. In addition, the consideration that the existing dock configuration
is being maintained and potential protrusion appears to be less than the existing condition
of dock and vessel protrusion shown in the aerial exhibit.
Page 3 of 6
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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.
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The dock facility is proposed to be consistent with the previously
permitted dock structure and is designed without excessive decking and provides sufficient
area to allow for safe access to the vessel.
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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is not met. The proposed 38 foot vessel in addition to the 25 foot vessel totals
63 feet. This exceeds the 50 percent threshold of 85 linear waterfrontfeet, which calculates
to 42.5 feet.
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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. The proposed boat dock facility satisfies LDC setback requirements
from the riparian lines, and the existing dock configuration is being maintained. Potential
protrusion appears to be less than the existing condition of dock and vessel protrusion
shown in the aerial exhibit.
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.)
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is met. A submerged resources survey provided by the applicant found no
submerged resources in the area 200 feet beyond the proposed docking facility. The
applicant's Exhibit sheet provides an aerial with a note stating that no seagrasses were
observed within 200 feet. The property is located adjacent to an ST overlay zone (Johnson
Bay), which will require an ST-permit for the proposed docking facilities prior to issuance
of the building permits.
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.
Based on the record at the subject public hearing, including expert testimony and exhibits,
this criterion is not applicable. The provisions of the Collier County Manatee Protection
Plan do not apply to individual docks behind individual residences.
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ANAT,VSTS_
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 5.03.06.11
of the Land Development Code to approve Petition. The Petition meets 4 out of 5 of the primary
criteria and 4 out of 6 secondary criteria.
DF,C'TSION_
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000519, filed by Jeff
Rogers of Turrell, Hall & Associates, Inc. representing Beau Middlebrook, with respect to the
property described as Isles of Capri Number 3, Lot 579, in Section 32, Township 51 South, Range
26 East. Collier County, Florida, for the following:
A 20-foot boat dock extension from the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width allowed by Section 5.03.06.E.1 of the Land
Development Code, to allow construction of a boat docking facility and vessel protruding
a total of 40 feet into a waterway that is 358 feet wide.
Said changes are fully described in the Proposed Dock Plan attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Dock Plan
LEGAL DESCRIPTION.
Isles of Capri Number 3, Lot 579, in Section 32, Township 51 South, Range 26 East. Collier
County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. An ST permit must be sought and approved prior to the issuance of any permits to construct
the subject dock facility, consistent with the 20-foot boat dock extension.
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
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Page 6 of 6
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date Andrew Dickman, Esq., AICP
Hearing Examiner
August 18, 2021
3.C.d
Packet Pg. 189 Attachment: Attachment C - HEX Decision 2021-29 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
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EXHIBIT "A"
3.C.d
Packet Pg. 191 Attachment: Attachment C - HEX Decision 2021-29 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
F1
SUBJECT PROPERTY —
APPROXIMATE
RIPARIAN LINE
SITE ADDRESS:
406 CRISTOBAL ST
NAPLES, FL 34113
J °D I
14 34'
DOCK TO
REMAIN
o +o 20 40
SCAtZ9N%'EE7
0
EXIS'1ING
SEAWALL
EXISTNG
12' X 12'
LIFT TO
REMAIN
I
APPROXIMATE
RIPARIAN LINE
NOTES:
THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
INTENDED FOR CONSTRUCTION USE
ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW
SURVEY COURTESY OF: *MARGO SURVEYING 3 MAPPING'
SURVEY DATED: 03.2015
APPLICANT OWNED SHORELINE (APPX LF): SS
EXISTING OVERWATER STRUCTURE (APPX SF): 781
WIDTH OF WATERWAY, MHW TO MHW (APPX): 358'
TIDAL DATUM:
MHW (NAVD)= WAY
MLW (NAVD)= 4.63'
PROPOSED OVERWATER STRUCTURE (APPX SF): 692
TOTAL OVERWATER STRUCTURE (APPX SF)' 692
TOTAL PROTRUSION FROM MHWL 40'
Turrell, Hall & Associates, Inc. M IDDLEBROOK 406 CRISTOBAL ST.
DESIGNED JR
DRAWN BY
L Marine & Environmental Consulting Oi 0-21
3584 Exchange Ave. Naples, FL 34104-3732 PROPOSED DOCK
JOB NO
SHEET Wi .
2101+
03 OF 08
14
15 I
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION- 32 TOWNSHIP- 51 S RANGE- 26 E
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Packet Pg. 201 Attachment: Attachment D - Building Permit 79-4599 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRBD2016020577701 PERMIT TYPE: MR
ISSUED:BY:APPLIED DATE:02-23-16 APPROVAL DATE: 03-25-16
MASTER #:COA:
JOB ADDRESS:406 Cristobal ST
JOB DESCRIPTION: INSTALL 4 PILINGS & 1 LIFT TO EXISTING DOCK
406 CRISTOBAL ST.
JOB PHONE:
SUBDIVISION #:BLOCK:LOT:
FLOOD MAP:ZONE:ELEVATION:
FOLIO #: 52450120009 SECTION-TOWNSHIP-RANGE: 32-51-26
OWNER INFORMATION:CONTRACTOR INFORMATION:
MIDDLEBROOK, BEAU CHRISTOPHER
406 CRISTOBAL ST
NAPLES , FL 34113-
ONYX MARINE CONSTRUCTION, L.L.C. DBA
MOORE DOCKS LIFTS & SEAWALLS
1 FRONT ST.
MARCO ISLAND, FL 34145
CERTIFICATE #:: LCC20150001595 PHONE:
FCC CODE:
CONSTRUCTION CODE: 0218
JOB VALUE: $10,000.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0
SETBACKS FRONT:REAR:LEFT:RIGHT:
SEWER:WATER:
CONTACT NAME:
CONTACT PHONE:
Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional
stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further
understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a
Certificate of Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION, CONTACT DEP AT (239) 344-5600.
In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in
the public records of this county, and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
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Packet Pg. 202 Attachment: Attachment E - Building Permit PRBD20160205777 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CERTIFICATE OF COMPLETION
This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of
issuance this structure was in compliance with the various ordinances of the county regulating building construction
or use. For the following:
PERMIT NBR: PRBD2016020577701 CO NBR:STATUS: Finaled
CO TYPE: COMP ISSUED DATE:May 05, 2016
ADDRESS: 406 Cristobal ST
SUBDIVISION:
LOT:BLOCK:T.R.S.:
SLUC CODE:UTILITY COMPANY:
JOB DESC: INSTALL 4 PILINGS & 1 LIFT TO EXISTING DOCK
406 CRISTOBAL ST.NUMBER OF METERS:
OWNER:MIDDLEBROOK, BEAU
CHRISTOPHER
LEGAL DESCRIPTION
ISLES OF CAPRI NO 3 LOT 579
Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to
the building or property described. A new certificate voids any certificate or prior date.
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Packet Pg. 203 Attachment: Attachment E - Building Permit PRBD20160205777 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
3.C.fPacket Pg. 204Attachment: Attachment E - Building Permit PRBD20160205777 (23587 : PL20220004181 BDE 406 Cristobal St Middlebrook)
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Page 1 of 2
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section
at the address listed below. This form must be signed by Addressing personnel prior to the pre-application meeting. Please allow
3 business days for processing.
Not all items will apply to every project. Items in bold 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 Permit)
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 Improvement 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 DESCRIPTION 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)
•LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way
•SURVEY (copy – only needed for unplatted properties)
CURRENT PROJECT NAME (if applicable)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
SDP - or AR or PL #
Addressing Checklist (Rev 12/2021)
T51, R26, S32
name not yet approved
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Packet Pg. 213 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal4
ISLES OF CAPRI NO 3 LOT 579
52450120009
406 Cristobal St, Naples, FL 34113
Middlebrook - 406 Cristobal St
Addressing Checklist (Rev 12/2021) Page 2 of 2
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether
proposed or existing)
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Phone: Email:
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 A NEW FORM SUBMITTED.
52450120009
6/7/2022
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Packet Pg. 214 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal4
Beau Middlebrook/Agent-Jeff Rogers
(239) 643-0166 caitlin@thanaples.com
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Packet Pg. 215 Attachment: Attachment F - Applicant’s Backup, including
Co ET C-,ourtty
Pre-Application Meeting Notes
Petition Type:
Date and Time:
B)D
o b
Assigned Planner:\ars
Engineering Manager (for PP['s and Fp's):
28OO NORTH HORSESHOE DRIVE
NAPLES, FTORIDA 34104
12?91 252-24OO
Project lnformation
loto C*ts-taB+L 9r - rn ro>zcBzaa& -bE.r.-Project Name:
Pt #:7O>Z<>6,2419,
Property lD*; S'z/(o/7o@?Current Zoning:2<rs
Project Address z @uo*t- 9_ citv: ,y'ttPcc-s Stale: €t Zip:3lttz
App 1ig2n1': Zaa*?r+ertrO?rtt< 12,, rZ4lEoDk
Agen t Name: \/ F-FF ?a6z.zt Phone: G-29) 6 4z-atL o
City : ,y'trtzs Stale: Fc Zio:34/u/Agent/Firm Address:erc .J6F-
Property Owner; Bz-re-Z)lr^-j:rD4ra 2tD/Z&ak-
Please provide the following, if applicable:
i. Total Acreage : 2,t)
Updated l/12/2027 Page l1of5
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounMl.gov
ii. Proposed fl of Residential Units: _
iii. Proposed Commercial Square Footage: _
iv. For Amendments, indicate the original petition number: _
v. lf there is an Ordinance or Resolution associated with this project, please indicate the
type and number:
vi. lf the project is within a Plat, provide the name and AR#/PL#:
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Packet Pg. 216 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Co r C-ounw
COttIER COUNW GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collie ountvfl.sov
28OO NORTH HORSESHOE DRIVE
NAPtES, FTORIDA 34104
l2t9l 2'Z-24OO
Meeting Notes
As of LOlt6l2OLT all Zoning applications have revised a pplications, and your associated
Application is included in your notes ; additionally a *new Prope rty Ownership Disclosure
Form i s required for all applications. A copy of this new form is included in your pre-app
Note - link is https://www colliercountvfl.oov/Home/ShowDocume nt?id=75093
Z<4t,,p4
Aaqz.F\Fl't Da>,)6re,+77 DF':l'v-r'L
3tV ol
E --R?c€e.
lf Site is within the City of Naples water service Area please send to Naples Utiliti€s and Planning Departments. Then, if the
petltlon is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts, - along with
a requ€st that they send us a letter or email of "no obiection" to the petition. Bob Middleton RMiddleton@naolesoov.com
Allyson Holland AMHolland@naplesoov.com Robin Singer Rsinoer@naplesoov.com Erica Martin
emartin@naplesoov.com
Updated tl L2/2O27 Page | 2 of 5
'# " ."., f - -.rz k < * a.u- =
.'F>Croe Bl, /k-- - ltl - - ^^^ - - .-- -tv,o, I Z-OZt -ZA
Bb
-747,+,/-2 YTVA)lt<> 2-D EiT-
Disclaimer: lnfomation provided by staff to applicant duing the Pre-Application Meeting is based on the best available
data at the time of the meeting and may not fully inform the applicant of issues that could arise duing tho process.
The Administrative Code and LDC dictates the regulations which atl applications must satisfy. Any checklists provided
of rcquired data for an application may not fully outline what is needed. lt is the appticant's responsibitity to provide a
required data.
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Packet Pg. 217 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Pre-Applicrtion Meeting Notes
GMD - Zoning Services
Planner:
Boat Dock Extension
Complete the required application; respond to each question and sign
Refer to the Final Submittal Requirement Checklist and provide/submit required documents
o Al[ submitted plans mus be legible when duplicated on 8.5" X I l " standard paper
o The final recording of documents is in black & white; minimize the use of color
Provide a Boundary Survey to demonstrate lot dimensions, water frontage, and riparian lines as
well as the principal use ofthe subject property
Either as part ofthe applicalion, or on a separate sheet, provide a detailed Narrative Statement
fully describing the project and what is being requested
On a sheet separate fiom the application, please provide persuasive and convincing responses to
each of the Primary and Secondary Criteria contained within LDC Section 5.03.06.H
o state if each criterion has been satisfied or not satisfied
o provide sufficient evidence to support any claims such as insufficient water depth, unique
characteristics of the property or waterfront, width of waterway and/or canal
Site/Dock Plans
o Site Plans should be measured in feet
o Note that the dock facility includes any docked vessel(s); show any vessel(s) on plan
o Demonstrate width of property and/or the total property water fiontage
o Demonstrate side and/or riparian setbacks for the dock facility
o Demonstrate amount ofdock protrusion using such points of measure as are contained
within LDC Section 5.03.06.C.1, Measurement of Dock Protrusion
o Demonstrate width of waterway (MHWL to MHWL) and the width between the most
waterward point of dock facilities ifa dock facility is located on the opposite shore
Note that dock facilities should be minimized to allow reasonable, safe access to the vessel(s) for
loading, unloading, and routine maintenance witltout the use ofexcessive deck area
Borthouse
. See above for general information
. On a sheet separate from the application, please provide persuasive and convincing responses to
each of the Boathouse Criteria contained within LDC Section 5.03'06.F
o state if each criterion has been satisfied or not satisfied
o provide sufficient evidence to support any claims such as insufiicient water depth, unique
characteristics ofthe property or waterlion! width of waterway and/or canal
o Site Plans
o Demonstrate setback requirements from property and riparian lines, demonstrate the
separation from other structures on the site, Demonstrate height of boathouse and type of
roof;notethattheroofalonemayoverhangupto3feetintothewaterwaybeyondthe
maximum protrusion and/or setback (plans must show the amount of roof overhang)
@ce z* d-<
John Kelly
(239)252-5719
John.kelly@colliercountvfl .gov
--------.>
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Packet Pg. 218 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
County
COLLIER COUNTY GOVERNMET{T
GROWTH MANAGEMENT DEPARTMENT
28OO NORTH HORSESHOE DRIVE
NAPIES, Ft-ORtDA 34104
123912s2-24OOuntvfl.eov
Meeting Notes
Othe, required documentation for submittal (not listed on application):
Disclaimer: lnfomation provided by staff to applicanl duing the Pre-Application Meeting is
based on the best available data at the time of the meeting and may not fully infotm the
applicant ol issues that could aise duing the process. The Administrctive Code and LDC
dictates the rcgulations which all applications must safisry. Any checklists provided of requircd
data for an application may not fully outline what is needed. lt is the applicant's responsibility to
provide all required data.
Updated 1/12/2021 Page l3ofs
2.u.,,/
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Packet Pg. 219 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
KellyJohn
From:
Sent:
To:
Cc:
Subject
Attachments:
John
Here are my notes:
BrownCraig
Wednesday, July 6,2022 5:13 PM
Kelly.lohn
ThomasClarkevEN
405 Cristobal BDE Notes
Boat Dock Extension Checklist 2016.doc
How are we doing? Please cLlcK HERE to fill out a Customer Survey
We apprcciate your Feedback!
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response lo a
public records request, do not send electronic majl to this entity. lnstead, contact this office by telephone or in writing.
1
Fnqz s4
Pleose provide o benthic suNev with on exhibit to indicote the locotion of seoarosses or ovster beds within 200 feet of the
proposed dockina focilitv. AC Section 5.03.06.1
Pleose orovide o descriDtion of the shoreline ond onv notive veoetotion oresent. lndicote onv Drooosed impocts to the
notive shoreline veoetotion (apDroximote oreo in souore feet to be impocted).
Pleose orovide comolete onswers to Secondorv Criterio t5 ond #6 See LDC section 5.03.06. H.2
tf liohtino is proposed, oleose orovide o description of the wpe ond locotions on the dockina focilitv.
Pleose Drovide onv written outhorizotion from onv stote ond federol ooencies if any opprovals hove been obtained.
Lobel the nome of onv noturol woterbody in close Droximitv to the proposed dockino focilifu. bs dDolicoble)
Craig Brown
Principal Environmental Specialist
Development Review Division
i'239]' 2s2-2s48.
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Packet Pg. 220 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Residential Boat Dock Extension Checklist
Submerged Resources Survey Checklist
1 . Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST
Overlay over the water)
2. Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial
photograph. (LDC 5.03.06 I)
Provide a submerged resources survey from an Environmental Consultant done between April and
October. P530
3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing
seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) P530
4. Provide complete answers to Secondary Criteria #5 & #6. (Use Misc in CV)
5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard
bottom communities have been minimized. (LDC 5.03.06 J .4) P530
6. The dock shall be field adjusted to minimize impacts to mangroves. (LDC 5.03.06 I.2) Remove this
checklist item - look at LDC? P530
7. Provide a clearing plan for removal of any vegetation related to tlle boat dock. This is simply an
information exhibit being requested. (Use Misc in CV)
Keewaydin: BDE not required for Keewaydin
- Most always need an ST permit related to a Building Permit- water and land have ST Overlay
Seagrass: Light penetration is needed to survive, usually in more shallow areas
Submerged Resources Survey:
- Read thoroughly
- Check location description for sfeet & waterway (if given)
- Check to see if it was uploaded to CV
- Indicate in CV "Comments box" if one was done & if it was uploaded to CV
ii***SEE SUGGESTED FORMAT OF SUBMERGED RESOURCES SURVEY ON NEXT PAGE****'T
/ar sz
8. Are there any draft restrictions? Look at the MPP. (Use Misc in CV)
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Packet Pg. 221 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Whether the proposed dock facility is subject to the manatee protection requirements of subsection
5.03.06@)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(1 1) must be
demonstrated).
SUGGESTION FORMAT AND INFORMATION TO INCLI.JDE IN
SI.JBMERGED RESOURCES SI]RVEY
D Location of survey - properly address and folio#
o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed
dock facility (5.03.06.I). In order for this to be accomplished, any within 200 feet of the
proposed dock (within the riparian lines ofthe property and adjacent to the property) shall be
surveyed.
D Who did the survey - which finn and their contact information including g4qre, ad41q1s,, pLoqg #, email
o Weather conditions, water temperature, low tide & high tide times
D Objective of Survey & Work done on the site
o Was the site snorkeled?
o What methodologies were used?
o Was a GPS used?
o Was an aerial photogmph reviewed and used to establish survey tansect lines?
) Results
o What was found? Substrate and what kind? Seagrass, shell, oysters?
o What was along the shoreline? Mangroves, seawall, etc?
o Why does the consultant think no submerged resources were found?
o Other observations
) When seagrass is found, include all requirements of LDC section 5.03.06. J.
F Conclusions
o Were any submerged resources found? Ifyes, what?
o Are any impacts to submerged resources expected or proposed?
D Pictures (suggested angles)
o Looking toward and away from the shoreline
o The proposed location ofthe boat access
o Observations in the water - Any oyster debris, shell, seagmss
5.03.06. J. (LDC section up to date as of2016)
Protection of seagrass Deds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or
boathousos shall be protected through the following standards:
1. Vvhere new docking facilaties or boat dock e).tensions are proposed, the location and presence of seagrass or
seagrass beds within 200 feet ofany proposed dock facility shall be identified on an aerial photograph having a
scale of 1 inch to 200 feet when available hom the County, or a scale of 1 inch to 400 feet when such
photographs are not available from the County. The location of seagrass beds shall be verified by the County
Manager or designee prior lo issuance of any project approval or permit.
2. All proposed dock f;acilities shall be located and aligned to stray at least 10 feet from any existing seagrass beds,
except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property,
and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged
vegetation, and hard bottom communities.
/roaz sC
MULTI SLIP DOCKING FACILITY. Look at supplemental criteria in 5.05.02
o Port of the Islands uses different Rating system - see MPP
o See 5.03.06 E 11 and 5.05.02 for Manatee awareness reouirements for multi-slio dockinq facilities
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Packet Pg. 222 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
3. Vvhere a continuous bed of seagrasses exists off the ahor€ of the property and adjacent to the property, the
applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of
seagrass beds. Such docking facilities shall comply with the following conditions:
a. The dock shall be at a height of at least 3.5 feet NGVD.
b. The terminal platform area of the dock shall not exceed 160 square feet-
c. The access dock shall not exceed a width of 4 feet.
d. The access dock and terminal platform shall b€ sited to impact the smallest area of seagrass beds
possible.4. The petitioner shall be required to demonstrate how negative impacG to seagrass beds and other native
shorellne vegetation and hard bottom communities have been minimized prior to any project approval or permit
issuance.
?,eee aZ
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Packet Pg. 223 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
et C.ounty
Pre-Application Meeting SignJn Sheet
PL#
Collier County Contact lnformation:
28OO NORTH HORSESHOE DRIVE
NAPI.ES, FTORIDA 34104
l2t9l252-24OO
Name Review Discipline Phone Email
ie Acevedo!M North Collier Fire 252-2309 macevedo@northcollierf ire.com
Steve Baluch!252-2361 stephen.baluch@colliercountyfl.gov
Shar A.Beddow Greater Na les Fire
MSM/Deputy Fire Marshal -
247-1,422 sbeddow@ nfire.org
Zoni Planning Mana er 252-2463 raymond.bellows@colliercountyf l.gov
f Laurie Beard 252-5782
(q"Brown Environmental Specialist 252-2s48 brown@colliercountyfl.govcra
Heidi Ashton CickoE Man ng Asst. Cou Attorn 252-8773 heidi.ashton@colliercountyfl.gov
Thomas Clarke!Zoni o erations Analyst 252-2584 thomas.clarke@colliercountyfl.gov
lamie Cook!Development Review Director 252-6290 Jaime.cook@colliercoun
Gabriela Castro!Zonin Principal Planner 252-4211,gabriela.castro@colliercountyfl.gov
North Collier Fire demeo@northcollierfire.com
! Eric Fey, p.E.Utility Plannin 252-1037 eric.@colliercountyfl.gov
! Tim Finn, A|CP Zonin Principal Planner 252-4312 timothy.f inn@colliercountyf l.gov
Sue Faulknertr GMP - Com rehensive Planning 252-5775 sue.faulkner@colliercou
Structural/Residential Plan Review 252-2426
Storm Gewirtz, P.E!neefl StormwaterE 252-2434 storm.gewirtz@colliercou
E/Cormac Giblin, AICP 252-sO9s Cormac.giblin@colliercou
Gundlach, AICP!Na Zonin Princi al Planner undlach@colliercouna
GMP - Comprehensive Planni 252-7742 Rachel. h ansen @colliercou
I Richard Henderl Zoni Principal Planner 252-2464 OVrichard. henderlon @colliercoun
John Houldsworth!Engineeri Subdivision 252-5757 ohn. houldsworth@colliercoun tyfl.gov
!Alicia Hum hries Ri ht-Of-way Permittin 252-2326 OValicia.hum hries@colliercoun
Anita.Jenkinstr Planning & Zonin Director 252-5095 Anita.jenkins@colliercountyfl.ov
Zoni Senior Planner 2s2-5779 hn.kelly@colliercou ntyfl.gov
! Parker Klopf 252-2477 OVParker.klopf @colliercou ntyfl.
! Troy Komarowski North Collier Fire 252-2s27 tkomarowski@northcollierfire.com
Sean Lintz!North Collier Fire 597-9227 slintz@northcollierfire.com
!Diane L nch Operations Analyst 252-8243 @colliercounMldia ne,l nch
Thomas Mastroberto!Greater Na les Fire 252-7348 OVthomas.mastroberto@colliercou ntyfl
Jack McKenna, P.E.!Engineering Services 252-297L ack.mckenna@colliercoun .gov
updated 7/t2/2O2L Page l4of 5
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercountvf l.gov
Transportation Planning
! Ray Bellows
PUD Monitoring laurie.beard@colliercountyfl.gov
a Maggie DeMeo 252-2308
l Michael Gibbons michael.gibbons@colliercountyfl.gov
Development Review-Planning
Manager
252-2484
! Rachel Hansen
Ez John xelly
GMP - Comprehensive Planning
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Packet Pg. 224 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
C-ovmw
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.col ! iercounMl.gov
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34LO4
123912s2-24OO
I Matt McLean, p.E Division Director - lF, CPP & PM 252-8279 matthew.mclean@colliercoun
I vtichele Mosca, AlCp Capital Project Planning 252-2466 michele.lliercou
n Richard Orth Stormwater Planning 252-5092 richa rd.oth@col I iercountyfl.gov
n Eric Ortman Zoning Principal Planner 2s2-L032 Eric.Ortmqn @col liercou ntyfl.gov
fl Derek Perry Assistant Cou nty Attorney 252-8066 Derek. perry@col liercou ntyfl.gov
n Brandi Pollard Utility lmpact fees 252-5237 brandi.pol lard @coll iercountyfl.gov
I Todd Riggail North Collier Fire 597-9227 trigga I I @ northcol I i erfi re.com
I Brett Rosenblum,
P.E.
Development Review
Principal Project Manager 252-2905 brett. rosenblu m @coll iercountyfl.gov
n James Sabo, AICP GMP, Comp Planning Manager 252-2708 ja mes.sabo@colliercou ntyfl.gov
n MichaelSawyer Transportation Planning 252-2926 michael.sawyer@col liercou ntyfl.gov
I Corby Schmidt, AtCp Comprehensive Planning 252-2944 corby.sch midt@col I iercountyfl.gov
I Linda simmons North Collier Fire 252-237L Lindq.Simmons@col liercountyfl.gov
I Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@col liercou ntyfl.gov
!IVlark Templeton Landscape Review 252-2475 mark.tem pleton @col liercou ntyfl.govrConnie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov
!Jessica Velasco Client Services 252-2584 je!sica.velasco@colliercountyfl.gov
!Jon Walsh, P.E.Building Review 2s2-2962 jonathan.walsh @colliercountyfl.gov
n Kirsten wilkie Environmental Review Manager 2s2-5578 kirsten.wilkie@col liercou ntyfl.gov
n Christine WillouChby Development Review - Zoning 252-5748 christine.wi lloughby@col liercou ntyfl.gov
n Daniel Zunzunegui North Collier Fire 252-2370 Da n iel.Zunzu negui@colliercountyfl.gov
Additional Attendee Contact lnformation:
Name Representing Phone Emai!
Updated 7/7212O2t Pagel5of5
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Packet Pg. 225 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal St
C-ounty
COLI,IER COUNTY GOVERNMENT
GROWTH MANAGEMENT OEPARTMENT
zEOO NORTH HORsESIIOE DRIVE
NAPLES, FLOEIOA 34I04
(239)2s2-2a00 FAx: (239) 252.63s8
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABTISHMENT PETITION
LDC Section 5.03.05
Ch. 3 B. ofthe Administ.ative Code
THIS PETTTTON tS FOR {check one): Ef DOCK EXTENSToN ! eonnrouse
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
To be complered by stofl
APPLICANT INFORMATION
Name ofAgent(s)
Firm:
Address:City State: _ ZIP: _
Fax:Telephone Cell:
E-MailAddress:
PROPERTY TOCATION
Section/Township/Range:
Subdivision:
/ P.operty l.D. Number:
Unit: [ot: Block:
Current Zoning and Land use of Subiect property:
May 8, 2018
Page 1of 6
Name of Property Owne,(s):
Name ofApplicant if different than owner: _
Addtets: City: _ State: _ Zlp: _
Telephone: _ Cell: _ Fax: _
E-MailAddress: _
Address/ General Location of Subiect propertyi
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Packet Pg. 226 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal St
Crounty
28OO NORTH HORSESHOE DRiVE
NAPLES, FTORIDA 34104
(2391 252-2400 FAX: (239) 2s2-63s8
BE AWARE THAT COTLIER COUNTY HAS LOBBYIST REGUTATIONS. GUIDE YOURSELF
ACCORDINGTY AND ENSURE THAT YOU ARE IN COMPTTANCE WITH THESE REGUTATIONS.
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 f] visual estimate
other (specify)_
2. Total Property Water Frontage:
_ft.
3. Setbacks:
Provided: _ ft.
Required: _ ft.
4. Tota! 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 ctose 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 insize,the applicant shall be responsibte for erecting the required sign. What is the size ofthepetitioned property?
COTTIER COUNW GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
May 8, 2018
_ Acres
Page 2 of 5
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Packet Pg. 227 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal St
C,ounty
COTLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPI,ES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-63s8
8. Official lnterpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? E Ves E No lf yes, please provide copies.
The following criteria, pursuant to tDc section s.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. ln order for the HearinB 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. Whetheror not the water depth atthe proposed site is so shallow that a vessel ofthegeneral 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.)
May 8, 2018
Page 3 of 5
PRIMARY CRITERIA
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Packet Pg. 228 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal St
COTLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
t C-OU7rty
28OO NORTH HORSESHOE DRIVE
NAP|-ES, FLORTDA 34104
(239) 2s2-2400 FAx: (239) 252-53s8
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
loadinS/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 2oofeetofthe proposed dock facility. (lfseagrass
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. (lf applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
May 8, 2018
Page 4 oJ 6
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Packet Pg. 229 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Co t C-oun ty
28OO NORTH HORSESHOE DRIVE
NAPI.ES, FTORIDA 34104
(239) 252-2400 FAX: (239) 2s2-6358
Pre-Application Meeting and Final Submittal Requirement Checklist for:
ock Extension
I Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. lncomplete submittals will not be accepted.
REqUIREMENTS FOR REVIEW soF
coPtES REQUIRED NOT
REqUIRED
Completed A lication (download current form from Coun website 1 x l
L x
Signed and Sealed Survey 1 4 D
Chart of Site Waterway o A Eo-t+a-I l
Site Plan lllustration with the following:
. Lot dimensions;
. Required setbacks for the dock facility;
. Cross section showing relation to MHWMLW and shoreline
(bank, seawall, or rip-rap revetment);
. Configuration, location, and dimensions ofexistingand proposed
facility;
. Water depth where proposed dock facility is to be located;. Distance of navigable channel;
. lllustration of the contour of the property; and. lllustration of dock facili from both an aerial and side view.
1 w
Affidavit of A zation signed and notarized x
1 x tr
Electronic copy of all required documents
*Please be advised:The Office ofthe Hearing Examiner requires all
materials to be submitted electronically in pDF format.
L V
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:. Following the completion ofthe 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.
May 8, 2018 Page 5 of 6
COI.LIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTM€NT
www.colliergov.net
Propertv Ownershio Disclosure Form
z
1
Completed Addressing Checklist
tr
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Packet Pg. 230 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Crounty
COLTIER COUNW GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www,colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPL€S, FLORIDA 34104
(239) 252-2400 FAx: (239) 252-63s8
PTANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLTOWING REVIEWERS:
FEE REQUIREMENTS:
l.l/ Boat Dock Extension Petition: S1,5OO.OO
Lrl' Estimated Legal Advertising fee for the Office of the Hearing Examiner: S1,125.00
]z An additional fee for property owner notifications will be billed to the applicant prior to the
Hearing Examiner hearing date.
Fire code Plans Review Fees ore collected dt the time of opplicotion submission ond those lees ore set
forth by the Authotity hoving jurisdiction. The Lond Development Code requires Neighborhood
Notificotion moilers for Applicotions heoded to heo ng, ond this fee is collected prior to heoring.
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 poyoble to: Boord of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
Planning and Regulation
ATTN: Business Center
2800 North Horseshoe Drive
Naples, F[ 34104
Signature of Petitioner or Agent Date
tr Bayshore/Gateway Triangle Redevelopment
Executive Director Historical Review
Addressing: Annis Moxam Parks and Recreation: David Berra
!City of Naples: Robin Singer, Planning Director School District (Residential Components): Amy
Lockheart
Emergency Management: Dan Summers; and/or
EMS:Artie Bay n
May 8, 2018 Page 6 of 6
tr Conservancy of SWFL: Nichole Johnson Other:
tr Other:
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Packet Pg. 231 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
KellyJohn
From:
Sent:
To:
Cc:
Subject:
Attachments:
KellyJohn
Th u rsday, J u ly 7, 202? 12:38 PM
'Jeff Rogers'
GMD Client Services; BellowsRay
VA - 406 Cristobal St, Middlebrook Dock - Pre-Application Meeting Waiver
Pre-App Notes for Variances 041421.docx
Good afternoon Jeff,
We had a Pre-Application Meeting for a P120220004181, a Boat Dock Extension (BD), for this property on .luly 6th at
which tame it became know a companion Variance (VA) would also be required. We briefly discussed the requirements
for a VA and you've been made aware that absent a credit for a Pre-Application Meeting you'll need to pay the full
petition and estimated advertising fees at the time of submittal. Additionally, you're aware that a VA carries the added
burden of mailing an approved Agent Letter to all property owners and home owners associations located within j.5O
feet of the project. I have attached a generic Gulde for VA submittals that I typically provide to participants of pre-App
meetings. Having discussed this project with the Zoning Manager, your requirement for a Pre-Application Meeting for
the subject companion VA is herewith waived.
Please provide a copy of this letter with your permit application. Should you need any assistance with your submittal,
please contact Ms. Jessica Velasco, Business Center Project Coordinator, at 12391252-2584. For all other inquiries, feel
free to contact me using the information below. l'll let you know when the Pre-App meeting notes for the BD have been
uploaded to the Portal.
Respectfully,
JofinWttl
Senior Planner
C,Rff",Cottz;ty
1
Zoning Division - Zoning Services Secfion
2E00 Norlh HoGeshoe Drlve, Noples tlorido 34104
Phone: 239.252.571 I Fox: 23t.252.6363
Emoll: John.Kellv@colliercounlvf I oov
Tell us how we arc doing by taking our Zoning Division Suryey at http://bit.lvlcollierzonins
Growrh l,lqnogement Depodm enl
3.C.g
Packet Pg. 232 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Pre-Application Meeting Notes
GMD - Zoning Services
Planner:John Kelly
(239)2s2-s7 t9
John.kellv@colli ercountyfl.qov
Complete the required application; respond to each question and sign
Refer to the Final Submiftal Requirement Checklist and provide/submit required documents
o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper
o The final recording of documents is in black & white; minimize the use ofcolor
On a sheet separate from the application, provide a "Narrative Statement" to include a detailed
explanation of the variance(s) being requested; identif what structures are existing and what is
proposed; the amount of encroachment in feet, i.e. reduce the fiont yard setback fiom 25 feet to
18.5 feet; how the encroachment was made known; and why the encroachment is necessary.
Additionally, for After-the-fact Variances, please provide detailed building permit information.
On a sheet separate from the application, provide persuasive and convincing responses to each of
the "Criteria for Variances" contained within LDC Section 9.04.03.a h. (The Land Development
Code may be viewed online at www.municode.com)
Provide an As-Built or Boundary Survey to depict any/all after-the-fact encroachments;
measurements are to be in feet. Such surveys should also demonstrate lot dimensions as well as the
principal use ofthe property in question.
Provide a Site Plan, drawn to scale, to depict any/all proposed construction with all measurements
in feet. Note that a certified site plan will be required during the permitting process; it is suggested
that the same plan that is used for this variance request be used for permitting purposes.
For After-the-Fact Variance requests, please provide Building Permit information, including
approved permits, approved site/concept plans, surveys, and Certificates of
Occupancy/Completion.
Note that in lieu of conducting a Neighborhood Information Meeting (NIM) the applicant is
responsible for mailing an "Agent Letter" to each properry owner and homeowners, association
located within 150 leet o[the subjecr property.
The applicant is responsible for the posting of a public hearing sign or signs on property,s
comprising one-acre or more; County staff will be responsible for public hearing signs on
property's of less than one-acre.
VARIANCE
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Packet Pg. 233 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
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Packet Pg. 237 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
Narrative Description: The proposed Boat Dock Extension request is to modify the existing
single-family docking facility located at 406 Cristobal Street on Isles of Capri. The subject
waterway is considered Johnson Bay along the northwest side of Isles of Capri. This section of
Johnson Bay is state lands and lies within the Rookery Bay Aquatic Preserve area. The subject
property has a seawall that is located on the property line and the MHWL therefore is the most
restrictive point. Additionally, the existing docking facility as well as the previously approved
BDE (HEX NO. 2021-29) has since been determined to be non-compliant with the state DEP
aquatic preserve rules and therefore the existing dock and previous approval are no longer
valid which is why we are proceeding with a new BDE application.
The proposed dock reconfiguration will reduce the overall protrusion out into the waterway
from what is existing and the previously approved BDE. The proposed dock has been designed
to meet the aquatic preserve rules which are more restrictive on allowed protrusion and to
reduce the overall cost to the applicant by leaving in place any portion of the existing dock and
boatlift. The proposed dock design leaves the existing boatlift on the east side but completely
modifies majority of the dock by proposing an angle to reduce the overall protrusion to fall
within the -4-foot MLW contour line as required by the state. As proposed the dock will only
protrude out 26-feet from the most restrictive point (MHWL, property line, seawall) therefore
the applicant is requesting for a 6-foot extension over the allowed 20-feet. The subject waterway
is approximately 358-feet wide and as proposed the dock and associated boatlifts will protrude
just under 8% of the waterway width. The subject waterway is an unmarked waterway and
completely open to navigation therefore no impacts to navigation within the area will result
from the proposed dock.
Additionally, there are other single-family docks within the subject bay and surrounding
waterway that support docks that protrude out past what the proposed dock will ultimately
protrude and will be a reduction from what is existing today. This can be seen on the attached
BDE exhibits as a reference for your review.
The proposed dock will provide a 15-foot setback from the eastern riparian line and only a 5-
feet setback from the western riparian line which does require a side yard setback variance
approval. As a side note both adjacent neighbors have signed letters of No Objection/Setback
Waivers which are attached for your recorders and were required by the state as their setback
requirement is 25-feet over state lands. The variance application has also been submitted as a
companion application and will be reviewed simultaneously as this BDE application. Finally,
there are no impacts to any submerged resources, the decking area has been minimized, and
still provides sufficient surface area for recreational activities, routine maintenance, and
associated storage.
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Packet Pg. 238 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
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.)
The subject property is zoned for a single-family residential unit which warrants no
more than 2 slips per the CC-LDC. The proposed project consists of removing the
existing docking facility but keeping the boatlift and associated canopy cover in the
same/existing footprint as it was determined after the previous BDE approval (HEX
2021-29) that the dock is not compliant with the State DEP aquatic preserve rules.
Due to that a new dock will then be constructed all within 26-feet from the
MHWL/property line as required by DEP as well as a new boatlift to accommodate
a second vessel on-site. As proposed the applicant is requesting 6-foot extension
from the allowed 20-feet.
Criteria met
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.)
The proposed dock is limited by the State (DEP) to only protrude out to the -4’
MLW contour line. The depths landward of the proposed dock and associated
boatlifts are too shallow to moor the vessels and provide sufficient depths for the
boatlifts to fully function at a low tide elevation. Additionally, due to the subject
property and surrounding waterway being within the Rookery Bay Aquatic
preserve dredging is not an option therefore pushing the proposed dock out past the
20-foot protrusion point is the only option and still provide enough area for the two
vessels.
Criteria met.
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Packet Pg. 239 Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587 : PL20220004181 BDE 406 Cristobal
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.)
The proposed docking facility is consistent with the other docks along the subject
shoreline and surrounding waterway with two boatlifts. As currently proposed the
subject dock will protrude less than the two adjacent docks and most of the
surrounding docks on the subject waterway. There is no marked channel within this
section of the bay therefore the entire area is open to navigation ensuring no impacts
will result from the proposed project
Criteria met.
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.)
The approximate waterway width is 358-feet wide. The proposed dock protrusion is
26-feet which is under 8% width of the waterway.
Criteria met.
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.)
The proposed docking facility will maintain its current setback from the east
riparian line which is 15-feet. The proposed western setback is only 5-feet as
proposed but the owner has signed a setback letter which is attached to the BDE
submittal for your recorders indicating they do not object and as proposed the boat
will it encroach or block their access or current utilization of their shoreline.
Therefore, this criterion has been met.
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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.)
The subject property is located within the Rookery Bay Aquatic Preserve and
therefore is restricted/limited to the DEP (state’s) aquatic preserve dock design
criteria. The two most restrictive design criteria are the overall allowed protrusion
out into the waterway and total over-water square footage. Additionally, another
design issue in this case is the applicant’s vessel size being 38-feet LOA and
designing a dock configuration that meets the aquatic preserve rules as well as the
county LDC rules. As currently proposed the dock protrudes out past the allowed
20-feet per the LDC but is within the allowed protrusion per the aquatic preserve
rules being 26-feet from the MHWL.
Due to all of these limitations mostly being implemented by the state the proposed
dock configuration is really the only option the applicant has to accommodate the
two vessels they currently own. As proposed the vessel will encroach into the
required side yard setback which is why a variance application has also been
submitted as a companion to this BDE request.
Criteria Met
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 proposed project consists of minimizing the existing docking facility from 781-
square feet down to 284-square feet of over-water structure. The proposed project
is being driven by the applicant’s new vessel and the proposed dock modifications
will minimize decking area due to the aquatic preserve rules. However, as designed
the proposed dock will still provide adequate deck area for safe access to the vessels
as well as still provide enough deck area for maintenance and recreational activities
like fishing, kayaking, and paddle boarding.
Criteria met.
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.)
The proposed docking facility has been designed to moor two vessels one being 38-
feet and the other being 30-feet in length. The total dimension length proposed to be
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stored on the subject dock is approximately 64-feet and the total shoreline length is
85-feet therefore this criterion is not met.
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.)
As proposed the dock has been minimized regarding the overall protrusion out into
the waterway. Additionally, the dock will now not extend out as far into the
waterway as the two adjacent docking facilities. The one major issue is on the west
side the proposed vessel slip will encroach into the required side yard setback of 15-
feet, but the owner of that property has already signed off on a letter of no objection
which is attached for your records. As proposed the dock will not impact either
property owners’ view out into the waterway, and both have side letters of no
objection.
Criteria Met
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.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure.
Criteria Met
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.)
The proposed work is a single-family dock facility and therefore not subject to
Manatee Protection Plan requirements.
N/A
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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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9865369<> LONGITUDE:W -81.7274113SITE ADDRESS:<> 406 CRISTOBAL STNAPLES, FL 34113Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg LOCATION MAP 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.LOCATION MAP51-------------------01 OF 08COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.C.gPacket Pg. 243Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xNESW0153060SCALE IN FEETSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'EXISTINGSEAWALLEXISTINGDOCKAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINEEXISTING12' X 12'LIFTSUBJECT PROPERTYTurrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg EXISTING CONDITIONS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.EXISTING CONDITIONS51-------------------02 OF 0815'34'26'32'4'85'120'120'85'15'3.C.gPacket Pg. 244Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
x -4.57x -2.17x -4.77x -4.27x -4.07-2.27 x-0.97 xx -1.97x -2.77x -3.67x -3.37x -2.47x -1.27x -1.57x -1.47x -2.37x -1.77x -2.57x -3.37x -3.77x -4.87x -0.97-4.07 xp:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg 8/31/2022NESW0102040SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg PROPOSED DOCK 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.PROPOSED DOCK51-------------------03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:EXISTINGSEAWALLRIPARIAN LINERIPARIAN LINEEXISTING 12' X 12'LIFT TO BERELOCATEDSUBJECT PROPERTYPROPOSED12' X 12'LIFTSITE ADDRESS:,406 CRISTOBAL STNAPLESFL34113PROPOSED(2) FENDOFF PILESEXISTINGDOCK TO BEREMOVED24'14'14'12'12
'
26'AA04PROPOSEDRAILEXISTINGCANOPYTO REMAIN5'15'36'38' LOA30' LOAPROPOSEDDOCK4'"MARCO SURVEYING & MAPPING"03-2015-1.63'+0.42'85'781358'18718726'3.C.gPacket Pg. 245Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
x -2.47x -2.77x -4.00Turrell, 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg CROSS SECTION AA 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.CROSS SECTION AA51-------------------04 OF 08ALL WOOD PILES TO BE WRAPPED FROM12" ABOVE MHWL TO 6" BELOW SUBSTRATECROSS SECTION AASCALE: 1" = 6'MHW (++0.42' NAVD)MLW (--1.63' NAVD)14' BOAT LIFT12' BOAT LIFTPROPOSEDDOCKPROPOSEDSTRINGERPROPOSEDCAP TIMBER4'3'EXISTINGCANOPY TOREMAIN3.C.gPacket Pg. 246Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
NESW050100200SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg ADJACENT DOCKS 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ADJACENT DOCKS51-------------------05 OF 08NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.17'32'30'
30'
26'
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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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg SUBMERGED RESOURCE SURVEY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.SUBMERGED RESOURCE SURVEY51-------------------06 OF 08TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT200'10'172'200'3.C.gPacket Pg. 248Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg ST OVERLAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.ST OVERLAY51-------------------07 OF 08PROPOSEDDOCKSTOVERLAY3.C.gPacket Pg. 249Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
NESW050100200SCALE 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:\21011.00 middelbrook-406 cristobal st\CAD\PERMIT-COUNTY\21011-COUNTY.dwg WIDTH OF WATERWAY 8/31/2022THESE 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.:JRRMJ08-31-2221011-3226MIDDLEBROOK - 406 CRISTOBAL ST.WIDTH OF WATERWAY51-------------------08 OF 08NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.358'118'
381'3.C.gPacket Pg. 250Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
3.C.gPacket Pg. 251Attachment: Attachment F - Applicant’s Backup, including Application and Supporting Documents (23587
MIDDLEBROOK DOCK
406 CRISTOBAL STREET
NAPLES, FL 34113
SUBMERGED RESOURCE SURVEY
JULY 13, 2022
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
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Middlebrook Dock
Submerged Resource Survey
July 13, 2022
2
1.0 INTRODUCTION
The Middlebrook dock and associated residence is located at 406 Cristobal Street and can be
identified by parcel #52450120009. The property is bound to the east and west by other single-
family residences, to the north by Cristobal Street, and to the south by Johnson Bay. The property
is located at Section 32, Township 51S, and Range 26E. The landward portion of the property
currently contains a single-family residence with an existing docking facility with one boatlift and
associated boatlift canopy.
Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining
to the removal of the existing docking facility and construction of the proposed dock, which
requires the completion of a Submerged Resource Survey (SRS), side yard setback variance, and
Boat Dock Extension. This underwater observational survey will provide planning and assistance
to both the owner(s) and government agencies reviewing the proposed project.
The SRS survey was conducted on July 8, 2022. Weather conditions consisted of partly cloudy
skies, light winds out of the southeast, and an air temperature of 86° F at the time the observations
were conducted. The tide was a high tide but falling upon arrival to the site around 10:30am. High
tide provided clear water allowing for observance of most of the bottom substrate with just a mask
and snorkel from the surface. It is estimated visibility was approximately 3-4’ which are ideal
conditions for this area. High tide at the project site occurred prior to our arrival at 8:54 A.M. (2.6
ft.) and low tide had occurred after to our observations were completed at 3:41 P.M. (0.3 ft.). The
water temperature was approximately 86° F.
2.0 OBJECTIVE
The objective of the submerged resource survey was to identify and locate any observed existing
submerged resources within 200’ of the proposed project. The survey provided onsite
environmental information to help determine if the proposed project would impact any existing
submerged resources and if so would assist in reconfiguring the proposed dock in order to
minimize any impacts. The general scope of work performed at the site is summarized below.
• Turrell, Hall & Associates personnel conducted a site visit to verify the location of any
submerged resources within 200-feet.
• Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack
there of), estimated the percent coverage, and delineated the approximate limits of any
submerged resources observed.
• Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model
76csx).
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Middlebrook Dock
Submerged Resource Survey
July 13, 2022
3
3.0 METHODOLOGY
Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged
Resource Survey to cover the entire property shoreline for the proposed dock modification and
proposed boat-lift installation and expanded out 200-feet in all directions. The components for
this survey included:
● Review of aerial photography of survey area
● Establish survey transects lines overlaid onto aerials
● Physically swim transects, make visual observations, GPS locate limits of any observed
submerged resources, and determine approximate percent of coverage
● Document and photograph all findings
The survey area was evaluated systematically by following the established transects, spaced
approximately 10-feet apart as shown on the attached exhibit. The existing and surrounding docks
on the bay provided reference points for easily identifiable land markers such as dock pilings which
assisted in maintaining position within each transect.
4.0 RESULTS
The substrate found within the surveyed area consists of 1 distinct classification: silt sand with
shell debris, which was observed throughout the entire surveyed area. The shoreline consists of a
seawall with rip-rap placed in front and an existing docking facility, boatlift and associated boatlift
canopy cover. The rip-rap and dock area support and provide cover to a variety of fish as well as
sessile and motile invertebrates such as barnacles and mud crabs. Some of the existing dock piles,
seawall panels, and rip-rap carried historic fragments or remains of oysters, but no live individuals
were observed. Algae was observed covering parts of the submerged portions of the rip-rap, dock
piles and seawall panels but was not observed in the underlying substrate. The majority of the
project site was devoid of vegetative growth, presumably because of a combination of low water
quality and volatile tidal currents. A list of observed fish species can be seen below in Table 1.
Table 1 – Observed fish species
Common Name Scientific Name
Striped Mullet Mugil cephalus
Sheepshead Archosargus probatocephalus
Crevalle Jack Caranx hippos
Gray Snapper Lutjanus grisens
Barnacle Amphibalanus spp.
Mud Crab Panopius herbstii
Snook Centropomus undecimalis
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Middlebrook Dock
Submerged Resource Survey
July 13, 2022
4
5.0 CONCLUSIONS
The submerged resource survey conducted at the project site yielded few findings at best.
Barnacles, mud crabs, and historic indicators of oysters could be seen on the seawall panel and
pilings. Algae was observed on parts of the rip-rap, dock piles, and along sections of the seawall
panels, but nowhere else around the project site. Seagrasses were not observed anywhere near the
project site even though they have been observed on adjacent properties but are located outside the
required survey area from the subject dock/property. All fish species were observed swimming in
and around the existing docking facility.
Negative impacts to submerged resources are not expected with the proposed project.
SEAWALL SHORELINE & RIP-RAP EXISTING DOCK, BOATLIFT AND CANOPY
Typical Observed Bottom Sediment
Typical Bottom sediment with shell debris
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Middlebrook Dock
Submerged Resource Survey
July 13, 2022
5
Observed Algae growth on Rip-Rap
Observed barnacle growth on dock piles
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