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Agenda 12/13/2022 Item #16A27 (Sunrise Cay II Condominium Association Inc/reconfiguration of their dock facilities)12/13/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute an Amendment to the Sunrise Cay II Condominium Settlement Agreement to allow the reconfiguration of the boat dock facilities, subject to Hearing Examiner and staff approval. OBJECTIVE: To allow the Sunrise Cay II Condominium Association, Inc. ("Sunrise Cay II") to petition the Hearing Examiner for approval of a reconfiguration of their boat dock facilities. CONSIDERATIONS: On September 15, 2009, Agenda Item No. I TE, the Board of County Commissioners ("Board") entered into a Settlement Agreement and General Release ("Agreement") with Sunrise Cay II to resolve an appeal relating to the County's application of its Manatee Protection Plan to Sunrise Cay II's proposed boat dock facilities. The Agreement limits the number of boat slips to 42 and the cumulative total vessel length to 973 feet, with Exhibit "A" showing the configuration of the boat docks. The Agreement ensured the requirements of the Manatee Protection Plan were met. Sunrise Cay II seeks to amend the Agreement ("Amendment") with a proposed reconfiguration of the boat dock facilities, subject to Boat Dock Extension (BDE) approval by the Hearing Examiner and Site Development Plan (SDP) amendment approval by staff, without any change to the maximum number of slips or the cumulative total length of the vessels as provided for in the Agreement. With that said, the proposed reconfiguration modifies the total protrusion from the Mean High -Water Line (MHWL) from 18 feet to 29 feet, moves six slips from the Faka Union Canal to the Sunrise Cay Canal, adds 14 additional pilings, and increases the total overwater structure from 390 square feet to 12,553 square feet (for floating boat docks). The Amendment shall take effect upon approval of both the BDE application and the SDP amendment. Should the BDE or SDP be denied, then the September 15, 2009 Settlement Agreement for the existing dock configuration shall remain in effect and the Amendment will effectively be void. Staff has reviewed the proposed Amendment, has no objections, and found, upon cursory review, that the Amendment and its proposed boat dock configuration comply with the Manatee Protection Plan. Subsequent staff review will occur during the BDE and SDP application processes to ensure compliance with the Manatee Protection Plan and all other relevant laws and regulations. The applications will substantially comply with the proposed configuration in the Amendment's amended Exhibit "A". FISCAL IMPACT: The cost associated for staff s time associated with the item has been adequately budgeted within Planning Services Fund (131), Planning Cost Center 138326. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT PLAN IMPACT: There is no growth management plan impact associated with this matter. RECOMMENDATION: For the Board to approve and authorize the Chair to execute an Amendment to the Sunrise Cay II Condominium Settlement Agreement to allow the reconfiguration of the boat dock facilities, subject to Hearing Examiner and staff approval. Prepared by: Mike Bosi, AICP, Zoning Director Packet Pg. 1094 12/13/2022 ATTACHMENT(S) 1. AMENDED EXHIBIT A 0304.02- (PDF) 2. Amended Settlement Agreement - Sunrise Cay II (PDF) 3. Sunrise Cay II - Settlement Agreement (PDF) 4. [Linked] Agenda and Backup Documents - 09_15_2009 Item 17E (PDF) Packet Pg. 1095 16.A.27 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.27 Doe ID: 23980 Item Summary: Recommendation to approve and authorize the Chair to execute an Amendment to the Sunrise Cay II Condominium Settlement Agreement to allow the reconfiguration of the boat dock facilities, subject to Hearing Examiner and staff approval. Meeting Date: 12/13/2022 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 11/18/2022 4:08 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 11/18/2022 4:08 PM Approved By: Review: Growth Management Department Zoning Growth Management Department County Attorney's Office Growth Management Department Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Diane Lynch Growth Management Department Mike Bosi Division Director Jaime Cook Additional Reviewer Derek D. Perry Level 2 Attorney Review James C French Growth Management Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 11/18/2022 4:11 PM Completed 11/21/2022 7:58 AM Completed 11 /21/2022 11:29 AM Completed 11/22/2022 9:00 AM Completed 11/22/2022 10:49 AM Completed 11/22/2022 12:21 PM Completed 11/22/2022 3:35 PM Completed 11/28/2022 1:23 PM Completed 12/06/2022 11:46 AM 12/13/2022 9:00 AM Packet Pg. 1096 116.A.27.a I F w ry 0 �N- LL 0 U- z 0 .1-1 EXISTING SEAWALL CONDO CONDO BUILDING BUILDING ' 82.4' 145 6' m �L.1L.1�.1L.1L.1L.1L.1W�.1L.1�L.1W1..I�L.1�.1L.1W1..I�WL.IW�L.1 V 42' 1 5 6 ��9 10 14--12 13 14 I5 LZ 18 19 21) 2J 12 24 24-25-26 - 299' 25% WIDTH OF EXISTING WATERWAY LINE FLOATING DOCK TO REMAIN F � � , r�fi • f _ r Turrell, Hall & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Ave. Naples, FL 34104-3732 Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 CONDO BUILDING 45.5' 29 0-31 3? 33 34 9 115' PROPOSED FLOATING LIFT (QTY TOTAL 42) 1V r. 4Cn SUNRISE CA I SUNRISE CA 11 �J. CONDO BUILDING 00 0 LILJ 41 LJ N o 37 38 39 40 41 ~ Q 69 m 15' 2 I PROPOSED 14 NEW w PILINGS (6 SLIPS) w 200 a go 0 = SC�(CE9N�EE7• �% d a� s 0 1= N O a O MANATEE � EDUCATION AND CD (4) N I Z � O 0 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: "COURT GREGORY SURVEYING, INC." • SURVEY DATED: 06-10-21 • APPLICANT OWNED SHORELINE (APPX LF): 975' • EXISTING OVERWATER STRUCTURE (APPX SF): 373 • WIDTH OF WATERWAY, MHW TO MHW (APPX): 148' • TIDAL DATUM: •• MHW (NAND)= +1.0' • MLW (NAVD)= -0.8' • PROPOSED OVERWATER STRUCTURE (APPX SF): 12,553 • TOTAL OVERWATER STRUCTURE (APPX SF): 12,553 • TOTAL PROTRUSION FROM MHWL: 29' 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: "COURT GREGORY SURVEYING, INC." • SURVEY DATED: 06-10-21 • APPLICANT OWNED SHORELINE (APPX LF): 975' • EXISTING OVERWATER STRUCTURE (APPX SF): 373 • WIDTH OF WATERWAY, MHW TO MHW (APPX): 148' • TIDAL DATUM: •• MHW (NAND)= +1.0' • MLW (NAVD)= -0.8' • PROPOSED OVERWATER STRUCTURE (APPX SF): 12,553 • TOTAL OVERWATER STRUCTURE (APPX SF): 12,553 • TOTAL PROTRUSION FROM MHWL: 29' DESIGNED: JR S lJ " FR I S E CAY I I CREATEDY 09 JOB NO.: 03i AMENDED EXHIBIT A SHEET NO. 01 SECTION-9 TOWNSHIP- 52 acket Pg7 16.A.27.b AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Amendment") is made and entered into this 13th day of December 2022, by and between Sunrise Cay II Condominium Association, Inc., a Florida not -for -profit corporation (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, the Association and County entered into a Settlement Agreement and General Release dated September 15, 2009 (the "Settlement Agreement"), Agenda Item No. 17.E, ADA-2008-AR-14059, pertaining to the application of the County's Manatee Protection Plan and the Association's request for interpretation, INTP-2008-AR-12749, for the configuration of proposed boat dock facilities at the Association's property ("Property") located in Section 9, Township 52 South, Range 28 East, as legally described in the Declaration of Condominium for Sunrise Cay R recorded in OR Book 2245, Page 1343, of the Public Records of Collier County, Florida, as amended from time to time; and WHEREAS, the Settlement Agreement, along with ACOE permit SAJ-2003-0972, and DEP permit 11-0220350, and Collier County SDP-89-229, all as amended from time to time, authorized the installation of certain boat dock facilities in a particular configuration as shown in Exhibit "A" to the Settlement Agreement, and those boat dock facilities were installed by the Association in 2009; and WHEREAS, the Association has requested an amendment to the Settlement Agreement for a proposed reconfiguration of the boat dock facilities at Sunrise Cay II, as reflected in the attached amended Exhibit "A", modifying the total protrusion from the Mean High Water Line (MHWL) from 18 feet to 29 feet, moving six slips from the Faka Union Canal to the Sunrise Cay Canal, adding 14 additional pilings, and increasing the total overwater structure from 390 square feet to 12,553 square feet (for floating boat docks); but without any change to the maximum number of slips or the cumulative total length of the vessels as established in the Settlement Agreement; and WHEREAS, the County agrees that the proposed reconfiguration of the boat slips as reflected in attached amended Exhibit "A" (with 42 boat slips, floating boatlifts, approximately 90 boatlift control piles, and the relocation of six (6) slips from the Faka Union Canal to the man- made canal on the south shoreline, and protruding 29 feet into a man-made canal) is approved and complies with the Collier County Manatee Protection Plan, subject to approval by the Hearing Examiner per LDC section 5.03.06. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties), the parties agree as follows: The foregoing recitals are true and correct and are incorporated herein by reference. 2. Exhibit "A" of the Settlement Agreement is replaced with the amended Exhibit "A", attached hereto and incorporated herein by reference. 3. The parties acknowledge and agree that the numerical limit of 42 boat slips with the loading dock, and the 973-foot cap on the cumulative total length of the vessels, not including engines, remain in effect and are not changed. [21-CPS-02085/1754669/11 Page 1 of 2 -. Packet Pg. 1098 4. All other provisions of the Agreement shall remain in full force and effect. 5. The effective date of this Amendment shall be the date of approval for both BDE- PL20210002028 and its related SDP amendment, as determined by the County Manager or designee. If the BDE or SDP amendment are not approved, then the September 15, 2009 Settlement Agreement for the existing dock configuration remains in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: CRYSTAL K. KINZEL, CLERK Los Deputy Clerk WITNESSES: Witness #1 Signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman AS TO ASSOCIATION: SUNRISE II CONDOMINIUM ASSOCIATION, INC. Witness #1 Printed Name By: Ovidio C. 'a, President Witness #2 Signature Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence this day of November 2022 by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Association, Inc., a Florida not for profit corporation, on behalf of the corporation, who * is personally k nRWdoiW or ❑ has produced as identification. ION zol Notary Public - #W 082045 y Q 22• ° a t Derek D. Perry, Assistant Coun t� t Mey Print Name: Approved by the Zoning Director: Mike Bosi, Zoning Director [21-CPS-02085/1754669/1] ` Page 2 of 2 Packet Pg. 1099 16.A.27.b c� U a� N �L 3 co L 0 Amended Exhibit "A" a Q Packet Pg. 1100 16.A.27.b v A ji[yL; Z1yXE=`'� z , 200' — (' J Z J Q N Q X W W Cn W y Z � J Cn LU O0 Noismio�jd o z ,6Z W as _n n � - T ,v 4. 3ANG i2JOdM3N P-\0304 02 q.,nrice C.v II\CADIPERMIT.COUNTY10304.02.BDE.4wo AMENS EXHIBIT A 11/17/2022 H N ILL If � J J W Q C7° 0 F- c�, Q a OQ a LL d �rl 0 i Z Z U Q F-02 < C p W N WZ0 = N P: F— �f ry Q N O P U. z =' N LL J <= 0 C Q T 7N <= 1.6 W <= r O Lu V O Q ul <= N 7 r. �f, N 4 0 M z w 0'. a w? �d Z. h z w m n N W y m Q ) N y m RZ OWO yX U11i 0 QO �aQ a y w� ia3 Wa mop W Zp'� W 0 +4V� Eow z�r RF 0UO WIZ NOS W O Z O y E �WWF0 (q ZdOfr/1 W ¢ ¢ z y0=N W yOjQK 9WWW03:Mi, >o 4awp?°>i yapN zwa > o>i pz�WD9�_,r¢aaE0o 0.o¢rar¢ Luxw mow„ c L Packet Pg. 1101 1 16.A.27.c 17E m SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this I <- of 1�of ew.�OO e ; , 2009, by and between Sunrise Cay II Condominium Association, Inc. (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, Association is responsible for the operation and management of the property constituting Sunrise Cay II, a condominium, located in Port of the Islands, in Section 9, Township 52 South, Range 28 East, folio number 01067081401, within the unincorporated area of Collier County, Florida, as described in the Declaration of Condominium recorded in OR Book 2245, Page 1343, as amended (the "Property"); and WHEREAS, the Property is zoned RMF-16 on the Collier County Zoning Map and contains a total of 42 residential condominium units with related accessories and appurtenances in 5 buildings that were constructed between 1996 and 1999, with approximately 973 linear feet of seawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal; and WHEREAS, the Association has submitted applications to the Florida Department of Environmental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle -parked and secured by 38 pilings on 13-foot centers and 6 boats parallel -parked on the west side of the Faka Union Canal; and WHEREAS, on January 10, 2008, in accordance with Section 10.02.021 of the Collier County Land Development Code, the Association submitted a request for interpretation to the Director of the Collier County Department of Zoning and Land Development Review ("Director") seeking confirmation that the proposed dock facility and loading ramp configuration were consistent with the Collier County Land Development Code and Sections 3.2.3.4 and 4.6.3 of the Collier County Manatee Protection Plan; and WHEREAS, on November 12, 2008 the Director issued a response to the Association's request for interpretation, INTP-2008-AR-12749, which concluded that the proposed dock facility configuration was not consistent with the Manatee Protection Plan, but that the loading ramp was consistent with the Manatee Protection Plan so long as the loading ramp was designed to be shore -parallel, linear, located immediately adjacent to the seawall, and was not used as additional mooring slips; and WHEREAS, on December 11, 2008 the Association filed an appeal of the Director's interpretation, ADA-2008-AR-14059, asserting that the proposed dock facility configuration and loading dock and ramp are consistent with the Land Development Code and Manatee Protection Plan; and Page 1 of 5 Packet Pg. 1102 r 11 WHEREAS, as interpreted by staff, the application of the Land Development Code and marginal wharf criteria contained in the Manatee Protection Plan to the 973 feet of shoreline of the Sunrise Cay Condominium site would limit the maximum number of docking sites to 42 at an average length of 23.2 feet; and WHEREAS, after reviewing the proposal, staff agrees that the provisions of the Land Development Code and the Manatee Protection Plan are met by limiting the number of docks to no more than what would be allowed by the application of the marginal wharf criteria as set forth in the official interpretation (AR-14058) and in doing so restrict any future construction of additional docks beyond 42 docks; and WHEREAS, in order to resolve the appeal in ADA-2008-AR-14509, the Association is willing to agree that the total number of boat slips to be moored at the Property under the current proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the engines) and that the dock facility and loading dock and ramp configuration will be substantially the same as shown in the attached Exhibit "A", in exchange for the County authorizing the construction of the facilities and providing such consistency letters and approvals as may be necessary for the construction of the facilities; and WHEREAS the County agrees that the proposed dock facility and loading dock and ramp will be consistent with the Land Development Code and the Manatee Protection Plan and will not endanger the manatees provided that the total number of boat slips does not exceed 42, and the facilities are constructed in substantial conformity with the plans attached as Exhibit "A"; and WHEREAS the Association and the County recognize that the interpretation and appeal could lead to litigation between the parties, and that the costs and uncertainties of litigation and the unique facts and circumstances surrounding this matter and have agreed to settle any and all of the Association's claims and any and all other claims, known and unknown between the parties; NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties), the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement. 3. Attorneys' Fees. All parties shall pay their own attorneys fees and costs associated with this matter. 4. Release of All Claims as Against the County. Except for any breach of this Settlement Agreement, the Association, hereby releases, acquits, satisfies, and forever discharges Page 2 of 5 Packet Pg. 1103 16.A.27.c 17 the County, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the County) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the Association ever had, now has, or which any personal representative, successor, heir or assign of the Association, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 5. Release of All Claims as Against the Association. Except for any breach of this Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the Association, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the Association) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the County ever had, now has, or which any personal representative, successor, heir or assign of the County, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, against the Association, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 6. Dock Facility. The county agrees that the dock facility and loading dock and ramp as shown in the attached Exhibit "A" are consistent with the Collier County Land Development Code and Manatee Protection Plan, to approve the construction of the dock facility and loading dock as specified in the attached Exhibit "A", and to issue permits for construction of the same upon application by Association, and receipt of all required agency permits. The County further agrees to communicate its approval and consistency letters as necessary to the U.S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7) days of the date of this Agreement. The Association agrees that the dock facility shall be limited to a maximum of 42 boat slips and the loading dock in the configuration shown in the attached Exhibit "A". The Association further agrees that the cumulative total length of the vessels to be docked at the facility, not including the engines, shall not exceed 973 feet. 7. Execution of Other Documents. The parties agree that they will execute any other documents as are necessary to effectuate or to carry out the intent of this Agreement. 8. Governing Law and Venue. This Agreement and all other documents executed in connection with this Agreement shall be governed by and interpreted under Florida law. The sole and exclusive venue for any litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the circuit Court in and for Collier County, Florida. The Settlement Agreement is the joint product of the Association and the County and shall not be construed against either party as the drafter. Page 3 of 5 Packet Pg. 1104 16.A.27.c 9. Enforceability. In the event that any provision of this Settlement Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. 10. Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties. 11. Execution. Association shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. 12. Applicability. This Agreement shall be binding on Association's successors, heirs, and assigns. Further, this Agreement shall be binding on the Association's successors, heirs, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest,'` DWI. HT E. BRCLQk.1Perk meputy Clerk WIITNESSES: BOARD OF UNTY COMM SSIONERS COLLIER TY, FLORID By: DONNA FIALA, Chairman AS TO ASSOCIATION: SUNRISE CAY II CONDOMINIUM ASSOCIATION, INC. IC Ovidio C. Giber pproved by Susan M. Istenes, AICP, Zoning Director Page 4 of 5 Packet Pg. 1105 16.A.27.c 17E STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �?-1/ flay of LGsf , 2009, by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Associatio , Inc., who is personally known to me or has produced f �I- ,, s �� yes as identification. 6 /6 ca �3 ys° Lays, WITNESS my hand and official seal this Yffr day of 444�-1 u s f- , 2009. Notary Rubber Stamp Seal Or Emb 1 _ 11% MARTHA L BENNETT MY COMMISSION A DD 881583 EXPIRES: August 17, 2013 of ,Q '' Bonded Thru Notary Pubfic Undernters Approved as to form And 1 al sufficiency: Leore _Je y A. Klatz 'kow w—County Attorney Notary Public _Z�qA- r Z 4. L /3e n .I e �7 Printed Name S`Z/7 /I - Commission No. Expiration Date Page 5 of 5 Packet Pg. 1106 16.A.27.c NOTE. PROPOSED: 38 MOORING PILES 42 SLIPS 16'-33' L.O.A. 39' 21' N O l'LSS - <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY WATERWAY AND ARE NOT INTENDED FOR CONSTRUCTION USE - WA ALL DATUM SHCSVN HEREON IS REFERENCED TO MUN. <> APPLICANT ON/NS APPROX. 975L.F.OFSHORELINE- _ EXISTING OVERWATERSTRUCTURE:OSO. FT. PROPOSED OVERWATER STRUCTURE: APPROX 390 SO. FT. TOTAL OVERWATER STRUCTURE: APPROX 390 SO. FT. / ACCESS RAIJP 4'x 15' \ <> WIDTH OF I;VATER4VAY:149' (MH1iVTO MHI;V) <� TOTAL PROTRUSION FROM MH4VL:18FT. 5WIDE 1 OD BOARDWALK 2' <> TIDAL DATUM: MUN=*0.3' NGVD, MHW=*2.6' NGVD. - ^�•+a.+c:�-nr--7:.�.:-- zr-:-t2,, <>SURVEY COURTESYOFCOURT GREGORYSURVEYING, INC. F 1 7' \ A E FLOATING DOCK IT --10' �0 1 36' SUNRISE CAYI___----- A 15.5' T� EI�IPORARY MOOR --_ SUNRISE CAY 11 } I LOADING &OFF LOADING ONLY �� CONDOMINIUM ASSOCIATION 6 7 \ PROPERTY LINE PORT OF THE ISLANDS 5 U \ / \ (E.807 ACRES OF LAND MORE OR LESS) 'AS DESCRIBED IN O.R. BOOK 2245 PGS 1394.1416 N 1}OE�DET0' \ COLLIER COUNTY, FL.) 4 SCALE I't-20' 691' 3 Q caNeG Roij DING OONDO BLIILDING GONL\ \ DDNDO I-�-5T �1 7 T f I D N >Za f45' SUILDING g' BUILDING �� _ z.� r21'__ — MARGINAL DOCKING �r------------ 1 FORE VESSELS II !' �1 .'1• ^; ,b `-> � �+ SPAG€� 8 13LCENTERS— �_ ,i1 SPACES 13' CENTERS 414' I� EXISTING 6 SLIPS I & PILINGS (TO BE REMOVED) 15' .S' n 5n rnn 2nn 25% LINE PROPERTY LINE (26) J A SUNRISE CAY CANAL 149 N f 20' 1 13 7' —I 34' 591' EVENINGSTAR CAY 19' Turrell Hall C]i.. Associates, Inc. A DESIGNED T:TT. REVISION Marine & Environmental Consulting � V LJ I F:?,' 1 E3 FEE CJ i 1 DRANN I SAS O4-11-05 3i54 Exchangc Ave. Suite 3. Nnpks, FL 34f04-3732 DATE 05-27-03 1 017-0aaa Phonc: (239) 64_ -0166 Fax: (239) 643-6632 JOe NO. 0304 05-28-aD email lunarriul cell-associxtes.c<1ln PROPOSED LAYOUT SECTION- T0W1'4SHIP- 8 NAME P ra y sr] y i C3 Packet Pg. 1107 Agenda Item No. 17E September 15, 2009 Page 1 of 16 I--- EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte communication disclosure be provided. ADA-2008-AR-14059, Sunrise Cay II Condominium Association Inc., represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has submitted an appeal of the decision for INTP-2008-AR-12749. The appellant has requested an appeal to the Director's response in which the Director concluded that the proposed design submitted with the Interpretation request, depicting angle -parked boat parking with mooring pilings, is inconsistent with the Manatee Protection Plan requirements at Sunrise Cay II. Through the appeal process both parties have crafted a proposed settlement agreement which is comprised of a dock design with limiting conditions, wherein it is the Director's opinion that the modification of the design plan and the proposed conditions meets the intent of the marginal wharf configuration requirements of the Manatee Protection Plan and Land Development Code. The agreement is being proposed for the Board of Zoning Appeals consideration and approval to reconcile the appeal request and comply with the requirements of the Manatee Protection Plan. The subject property is located in Section 9, Township 52S, Range 28E, Collier County, Florida. OBJECTIVE: Pursuant to the County Codes of Laws and Ordinances, Sec. No. 250-58, the objective of an appellant's request is typically to seek a reversal of an official interpretation from the Collier County Board of Zoning Appeals (BZA), specifically (INTP-2008-AR-12749) as it applies to a proposed redesign and reconstruction of dock facilities for the Sunrise Cay II Condominiums located in Port of the Isles, in the Sunrise Cay II development. However, for this request the applicant and the County staff have agreed upon a settlement pursuant to the terms and conditions in the attached settlement agreement and are presenting it to the BZA for their approval. CONSIDERATIONS: The subject property has an RMF-16 zoning designation and contains a total of 42 residential condominium units with related accessories and appurtenances in 5 buildings that were constructed between 1996 and 1999, with approximately 973 linear feet of seawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal. The Association has submitted applications to the Florida Department of Environmental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle -parked and secured by 38 pilings on 13-foot centers and 6 boats parallel -parked on the west side of the Faka Union Canal. On January 10, 2008, in accordance with Section 10.02.02.F of the Collier County Land Development Code, the applicants representative requested an official interpretation which included two separate requests, regarding the proposed reconfiguration of a dock facility and whether or not it is consistent with the Collier County Manatee Protection Plan (MPP) in particular: 1) whether the Agenda Item No. 17E September 15, 2009 Page 2 of 16 proposed use of mooring pilings to angle -park boat slips at the property of Sunrise Cay II is consistent with the MPP and, 2) whether the MPP pen -nits a loading dock and access ramp immediately adjacent to the seawall at the property of Sunrise Cay 1I. The Appellant did not request to appeal the Director's response to the second request, in which the Director concluded that a shore -parallel, linear loading dock located immediately adjacent to the seawall would be consistent with the MPP. The Appellant agrees with the Director's response to request number 2. The Appellant is appealing the Director's response to request number 1 in which the Director concluded that angle -parked boat parking with mooring pilings is inconsistent with the MPP. The boats are currently parallel parked along the entire length of the seawall and secured with mooring whips. This current configuration is considered a marginal wharf. Under the proposed configuration, 36 boats would be angle -parked along the seawall and secured with pilings on 13- foot centers. The remaining 6 boats will remain parallel -parked as currently exist on the west side seawall. The applicant has agrecd to limit the overall number of boat slips to a total of 42 slips. The proposed reconfiguration of the slips does not call for any structures in or above the water other than the relocated pilings and a proposed loading dock and ramp. Boat parking in a mooring configuration which results in boats perpendicular or anglcd to the shoreline is not considered a marginal wharf, consequently the official interpretation response with respect to the applicant's proposal to angle park boats was not approved by the Director. The intent of the requirement for a marginal wharf is to limit the number of boats and boat slips. After reviewing the appeal application it is the Director's opinion that the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement agreement. The agreement would limit the number of boat slips to what currently exists on the subject site (42 slips) and limit the number of boats and the length of the boats (see attached settlement agreement and terms) spccifically by limiting the number of docks to no more than what would be allowed by the application of the marginal wharf criteria as set forth in the official interpretation (AR-14058) and in doing so restrict any future construction of additional docks beyond 42 docks. This could be accomplished provided the Association is willing to agree that the total number of boat slips to be moored at the property under the current proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the engines) and that the dock facility and loading dock and ramp configuration will be substantially the same as shown in the attached Exhibit "A". The applicant is willing to agree to this, in exchange for the County authorizing the construction of the boat dock facilities and providing such consistency letters and approvals as may be necessary for the construction of the facilities. Through the appeal process both parties have crafted the attached draft settlement agreement which is comprised of an alternative dock design with limiting conditions, wherein it is the Director's opinion, approval of this proposal by the Board will mean that the intent of the marginal wharf configuration requirements of the Manatee Protection Plan will be met through development of the proposed design and associated conditions of approval within the agreement. The agreement is being proposed for the Board of Zoning Appcals consideration and approval to reconcile the appeal request and to ensure the project complies with the requirements of the Manatee Protection Plan. 2 Agenda Item No. 17E September 15, 2009 Page 3 of 16 In conclusion, the County's professional staff has reviewed the applicants proposed dock configuration (Exhibit A) and has concluded that the proposed configuration with the limitations imposed by the terms of the attached settlement agreement meets the marginal wharf criteria of the MPP and is consistent with the official interpretation findings. FISCAL IMPACT: As a matter of information the fee for this appeal is $1,000 plus advertising costs. Approximate staff time devoted to the processing and analyzing of this appeal request to date has been approximately 20 hours excluding the scheduled hearing. LEGAL CONSIDERATIONS: This item is quasi-judicial requiring ex parte disclosures and a simple majority vote. (STW) GROWTH MANAGEMENT PLAN IMPACT: The settlement agreement is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff recommends that the BZA approve the settlement agreement. Prepared by: Susan M. Istenes, AICP, Zoning Director 3 Agenda Item No. 17E September 15, 2009 Page 4 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: ADA-2008-AR-14059 Sunrise Cay II Condominium Association Inc: represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, is appealing the decision for INTP-2008-AR-12749. The applicant wishes to appeal the Director's decision in which the Director concluded that angle -parked boat parking with mooring pilings is inconsistent with the Manatee Protection Plan specifically Sections 5.03.03.E.11 of the LDC and Sections 3.2.3.4 and 4.6.3 of the MPP to prohibit use of mooring pilings to angle -park boat slips at Sunrise Cay II. Subject property is located in Section 9, Township 52, Range 28, Collier County, Florida. Meeting Date: 9/15/2009 9:00:00 AM Prepared By Susan Istenes, AICP Zoning & Land Development Director Date Community Development& Zoning &Land Development Review 811412009 3:19:23 PM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 811712009 11:31 AM Environmental Services Environmental Services Admin. Approved By Susan Istenes, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 811812009 10:44 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& Environmental Services Environmental Services Admin. 8l1812f309 10:44 AM Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development& Environmental Services 811912009 9:14 AM Environmental Services Approved By Steven Williams Assistant County Attorney Date Attorney's Office Attorney's Office 812612009 4:18 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 812712009 4:59 PM ci__ ir. A T'.____ __-N 1'1 4 0__-.__--t___A/`%ni c n/I'? A/nACIT TT dT 4 A Tl'%7A/'1h A i"T.XT n/A/nAAn Agenda Item No. 17E September 15, 2009 Page 5 of 16 Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Approved By OMB Coordinator OMB Coordinator Date 911/2009 3:53 PM Date County Manager's Office Office of Management & Budget 9/2/2009 9:52 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 912/2009 11:31 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 9/2/2009 6:46 PM Commissioners ri__ rn.\A.__._7_m__a�T______-a I'IA c•___�____i__._ni'Ini: Kiln'Innf%%1.7ni-NncIrTXXX4AnWA/ 'IAnrTINT 1-Ni-Ninnnn Agenda Item No. 17E September 15, 2009 Page 6 of 16 SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of _ , 2009, by and between Sunrise Cay lI Condominium Association, Inc. (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, Association is responsible for the operation and management of the property constituting Sunrise Cay II, a condominium, located in Port of the Islands, in Section 9, Township 52 South, Range 28 East, folio number 01067081401, within the unincorporated area of Collier County, Florida, as described in the Declaration of Condominium recorded in OR Book 2245, Page 1343, as amended (the "Property"); and WHEREAS, the Property is zoned RMF-16 on the Collier County Zoning Map and contains a total of 42 residential condominium units with related accessories and appurtenances in 5 buildings that were constructed between 1996 and 1999, with approximately 973 linear feet of scawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal; and WHEREAS, the Association has submitted applications to the Florida Department of Environmental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle -parked and secured by 38 pilings on 13-foot centers and 6 boats parallel -parked on the west side of the Faka Union Canal; and WHEREAS, on January 10, 2008, in accordance with Section 10.02.02.E of the Collier County Land Development Code, the Assoclati(m submitted a request for interpretation to the Director of the Collier County Department of Zoning and Land Development Review ("Director") seeking confirmation that the proposed dock facility and loading ramp configuration were consistent with the Collier County Land Development Code and Sections 3.2.3.4 and 4.6.3 of the Collier County Manatee Protection Plan; and WHEREAS, on November 12, 2008 the Director issued a response to the Association's request for interpretation, 1NTP-2008-AR-12749, which concluded that the proposed dock facility configuration was not consistent with the Manatee Protection Plan, but that the loading ramp was consistent with the Manatee Protection Plan so long as the loading ramp was designed to be shore -parallel, linear, located immediately adjacent to the seawall, and was not used as additional mooring slips; and WHEREAS, on December 11, 2008 the Association filed an appeal of the Director's interpretation, ADA-2008-AR-14059, asserting that the proposed dock facility configuration and loading dock and ramp arc consistent with the Land Development Code and Manatee Protection Plan; and Page l off 5 Agenda Item No. 17E September 15, 2009 Page 7 of 16 WHEREAS, as interpreted by staff, the application of the Land Development Code and marginal wharf criteria contained in the Manatee Protection Plan to the 973 feet of shoreline of the Sunrise Cay Condominium site would limit the maximum number of docking sites to 42 at an average length of 23.2 feet; and WHEREAS, after reviewing the proposal, staff agrees that the provisions of the Land Development Code and the Manatee Protection Plan are met by limiting the. number of docks to no more than what would be allowed by the application of the marginal wharf criteria as set forth in the official interpretation (AR-14058) and in doing so restrict any future construction of additional docks beyond 42 docks; and WHEREAS, in order to resolve the appeal in ADA-2008-AR-14509, the Association is willing to agree that the total number of boat slips to be moored at the Property under the current proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the engines) and that the dock facility and loading dock and ramp configuration will be substantially the same as shown in the attached Exhibit "A", in exchange for the County authorizing the construction of the facilities and providing such consistency letters and approvals as may be necessary for the construction of the facilities; and WHEREAS the County agrees that the proposed dock facility and loading dock and ramp will be consistent with the Land Development Code and the Manatee Protection Plan and will not endanger the manatees provided that the total number of boat slips does not exceed 42, and the facilities are constructed in substantial conformity with the plans attached as Exhibit "A" and WHEREAS the Association and the County recognize that the interpretation and appeal could lead to litigation between the parties, and that the costs and uncertainties of litigation and the unique facts and circumstances surrounding this matter and have agreed to settle any and all of the Association's claims and any and all other claims, known and unknown between the parties; NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties). the parties agree as follows: Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement. 3. Attornevs'Fees. All parties shall pay their oven attorneys fees and costs associated with this matter. 4. Release of All Claims as Against the County. Except for any breach of this Settlement Agreement. the Association, hereby releases, acquits. satisfies., and forever discharges Panic 2 of 5 Agenda Item No. 17E September 15, 2009 Page 8 of 16 the County, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the County) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the Association ever had, now has, or which any personal representative, successor, heir or assign of the Association, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 5. Release of All Claims as _Against the Association. Except for any breach of this Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the Association, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the Association) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the County ever had, now has, or which any personal representative, successor, heir or assign of the County, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, against the Association, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 6. Dock Facility. The county agrees that the dock facility and loading dock and ramp as shown in the attached Exhibit "A" are consistent with the Collier County Land Development Code and Manatee Protection Plan, to approve the construction of the dock facility and loading dock as specified in the attached Exhibit "A", and to issue permits for construction of the same upon application by Association, and receipt of all required agency permits. The County further agrees to communicate its approval and consistency letters as necessary to the U.S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7) days of the date of this Agreement. The Association agrees that the dock facility shall be limited to a maximum of 42 boat slips and the loading dock in the configuration shown in the attached Exhibit "A". The Association further agrees that the cumulative total length of the vessels to be docked at the facility, not including the engines, shall not exceed 973 feet. 7. Execution of Other Documents. The parties agree that they will execute any other documents as are necessary to effectuate or to carry out the intent of this Agreement. 8. Governing Law and Venue. This Agreement and all other documents executed in connection with this Agreement shall be governed by and interpreted under Florida law. The sole and exclusive venue for any litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the circuit Court in and for Collier County, Florida. The Settlement Agreement is the joint product of the Association and the County and shall not be construed against either party as the drafter. Page 3 of 5 Agenda Item No. 17E September 15, 2009 Page 9 of 16 9. Enforceability. In the event that any provision of this Settlement Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. 10, Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties. 11. Execution. Association shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. 12. Applicability. This Agreement shall be binding on Association's successors, heirs, and assigns. Further, this Agreement shall be binding on the Association's successors, heirs, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written . Attest: DWIGHT E. BROCK, Clerk By: , Deputy Clerk WIITNI SSES: Print NLUne: L i r- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: DONNA FIALA, Chairman AS TO ASSOCIATION: SUNRISE CAY II CONDOMINIUM ASSOCIATION, INC. n By: Ovidio C. Giber<.Ya �iresident r- Approved by Susan M. Istenes. AICP. Zoning Director Pale 4 of 5 Agenda Item No. 17E September 15, 2009 Page 10 of 16 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this J Y /zlay of C? �cs. / , 2009, by Ovidio C. Giberga, as President of Sunrise Cay Il Condominium Association, Inc., who is personally known to me or has produced /""Z f i v r��c� ��s e' /� as identification. WITNESS my hand and official seal this -.J - flh day of A-- 41 s 2009. Notary Rubber Stamp Seal Or Emb ss • l MARTHA L BENNE17 �? MY COMMISSION # DD 881583 '�'• o EXPIRES: August 17, 2013 of Bonded Thru Notary Pubiic Under mters Approved as to torm And 111al sufficiency: 6,41 A L ko Je rey A. Klatzkow County Attorney Notary Public Printed Name Commission No. Expiration Date Page 5 of 5 Agenda Item No. 17E September 15, 2009 NOTE NUiE'S: PROPOSED: <> THESE DRAININGS ARE FOR PERMITTING PURPOSES ONLY 38Ivi00RiNG PILES WATERWAY AND ARE NOT INTENDED FOR CONSTRUCTION USE- <> ALL DATUM SHOVE/N HEREON IS REFERENCED TO ML10J- 42 SLIPS 16'-33' L.O.A. <> APPLICANT OV,/NS APPROX- 975L-F.OFSHORELINE- i <> EXISTING OVERVNATER STRUGTUR�:O SO. FT- ` -- - PRCPOSFD OVER4VATF_R STRUCTURE: APPROX 390 SO -FT. / \ I - TOTAL OVER'iV.ATER STRUCTL'RE.APPRCX 390,E-FT- ACGES5 RAI✓P 4'x15' <> WIDTH OF INATE.v'WA.Y: 149'(MHVNTO WIN) > TOTAL PROTRUSION FRCM"AH%VL:18' 7- 'WIDE VV OD BOARDWALK 2 <> TIDAL DATUM: MLV'J={0-3'NGVD.rIHN/=+<5'�1GVD. i,_- _ ,, _ _ _.��`>SURVEYC'OURTESYOFCOURTGREGORYSURVEYING,/NC. cII A t I FLOATING DOCK 1' —Icl ,SUNRISE CAYI — — — — — — — — A LL7 L l EI:i PORAt< � Id100RiNG. - � r .SUNRISE CA /I LOADING & OFF LOADING ONLY CONDOMINIUM ASSOCIATION ~ PORT OF THE ISLANDS p PROPERTY LINE / \ ►✓ / (c3,07 ACRES OF LAND LiiORE OR LESS] / \ !AS DESCRIBED IN O.R. BOOK 22,15 PGS 132A-1416 ILA '�-----D0C_k' DETA-lL- COLLIER COUNTY. FL.) 6 Z SCALE i"=20' i \ Sz,1 ; 0 � ra�leo LJ \ Rl:ll LING N ^ L`IYG LZIS L— UI 7fJC C3'�� BI11LD1(l� r I�"t - U L } f \ 50 I �NAKGINaL UO�'KIN- + FOR6 VESSELS — �Y---------- �� =A- — ----- i 1 I ! 1 ;FR•..Fz: 3 ^ �1TER�-- �� i' SPACES�D 13 CEN 414' TERS —� t - - i n J A __ LINE PROPERTY LINE ,25j - 1st 14y /Y �ExISTING =SLIPs SUNRISE CAYCANAL & PILIi CS JO BE REI,40VED) i 20' ;gin 1a' I 5F'- i I- 3F'—x�' i2 - 1-�134` `o-ice f S EVENING.STAR CAS' I TLLrr`e'll, Hall & �5zsociates, Inc. � � �qt T?7. I REVILrcN ISASI"417.n5 C149 u.L:"E cacE7 (.nlislLlLrac =1��i' 35b=I 7�t1p Avc. Suit 3 i�: hlCS. I-L -41�4 732 7`cc' {a I>no: �I r;a n166 �. r 9) o4; 66;2 ' PROP D LAYOUT jat�� JO B �, _n1a11 tuRa(c1;LUITell-alti < Itlt: c.ctn'1 I 1 SECTION- TOWNSHIP- _- Agenda Item No. 17E September 15, 2009 Page 12 of 16 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive - Naples, Florida 34104 November 12, 2008 Mr. Christopher J. Thornton Cheffy, Passidomo, Wilson & Johnson, P.A. 821 Fifth Avenue South, Suite 201 Naples, FL 34102 RE: INTP-2008-AR-12749, Request for official interpretation of Sections 5.03.06.E.11 and 5.05.02.0 of the Collier County Land Development Code (LDC) to determine whether or not the use of mooring pilings to angle park boat slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock with access ramp is consistent with Sections 3.2.3.4 and 4.6.3 of the MPP. Dear Mr. Thornton: Pursuant to Land Development Code (LDC) Section 10.02.02.F, you have asked the Zoning and Land Development ,Review Director to. render an official interpretation for two (2) separate requests pertaining to various provisions of the Manatee Protection Plan and the applicable provisions of the LDC as noted above. In your request, you indicate that the Sunrise Cay II Condominium Association has submitted applications to the Florida Department of Environmental Protection (File No. 11-0220350-001) and the U.S. Army Corps of Engineers (File No. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility of an existing 42 boat slip facility. These slips are currently parallel -parked along the entire length of the sea wall and secured with mooring whips. Under the proposed configuration, 36 boats would be angle -parked along the seawall and secured with pilings on I3-foot centers. The remaining 6 boats will remain parallel -parked as currently exist on the west side seawall. You also indicate that the overall number of boat slips remains at 42 slips in total and that the design of the existing five foot wooden boardwalk serving the boat slips will not change. Lastly, the proposed reconfiguration of the slips does not call for any structures in or above the water other than the relocated pilings and a proposed Ioading dock and ramp. For the purpose of this interpretation, you have not requested a determination concerning the subject site's ranking under the marina siting criteria contained in Section 5.05.02.0 of the LDC and Section 3.2.4.1 of the MPP. In Request I, you asked whether or not Sections 5.03.06.E.11 of the LDC and Section 3.2.3.4 and 4.6.3 of the Manatee Protection Plan (MPP) permits the use of mooring pilings to angle - park boat slips as proposed by the Sunrise Cay II Condominium Association, Inc. C o 9 e r C o srr t y Phonc (239) 252-2400 Fax (239) 252-6968 or (239) 252-2913 wrvw.colliergo�:uct EXHIBIT Agenda Item No. 17E September 15, 2009 Page 13 of 16 Mr. Christopher J. Thornton November 5, 2008 Page 2 of 4 Based upon my review of Section 5.03.06.E.11 of the LDC, it is my opinion that multi -slip docking facilities with ten (10) or more slips are permitted on the subject site but the docking facilities are required to be reviewed for consistency with the MPP that was adopted by the BCC and approved by the Department of Environmental Protection (DEP). Although the LDC doesn't define the term "mooring pilings", Section 5.03.06 of the LDC lists mooring pilings as an allowable use on waterfront property as well as individual or multiple private docks. In addition, pilings are deemed to be a component of a dock facility. A dock facility can include a walkway, pier, and pilings associated with the dock. Furthermore, Sections 3.2.3.4 (2) and 4.6.3 (2) of the MPP apply to the subject RMF-16 zoned property since the site is developed with multi -family dwelling units on a canal with a seawall. These provisions restrict shoreline development within the sea walled basin at Port -of -the -Islands as follows; Multi -family residential docks should be restricted by allowing only mar inal wharves along the waterfront of multi -family areas with no finger piers or "T" shaped docks allowed. In your application, you contend that because this provision of the MPP uses the permissive term "should" instead of the mandatory "shall", the language of the rule (given that it is not mandatory) should not be used to determine if the proposed dock facility configuration is consistent with the MPP. However, it is my opinion that these sections of the MPP were clearly intended to apply to the subject property since they indicate that the "shoreline development" restrictions are to apply "within the seawalled basin" and "within the manatee sanctuary" areas of Port -of -the -Islands. Therefore, the intent of the MPP is to exclude the finger piers, "T" docks, piles and floating docks but allowing only marginal wharves within the Sunrise Cay II development. While the LDC and GMP, as well as Sections 3.2.3.4 and 4.6.3 of the MPP, don't define or provide development standards for a "marginal wharf', there is an industry accepted definition that has been historically applied to the subject site for consistency with the MPP. This definition, of a "marginal wharf' is as follows: Marginal wharf. A wharf that is flush (parallel) with the general adjacent shoreline with boats (ships) docked end to end. It is a landing place where ships may tie up and load or unload passengers and supplies. Based on this definition, it is my opinion that the proposed configuration for angled -parked boat slips along the marginal wharf and secured with pilings, on 13-foot centers, is not consistent with the intent of the MPP. It is also my opinion that the proposed marginal wharf can not include any finger piers or "T" shaped docks or loading ramps. In Request II, you asked whether or not the proposed loading dock with access ramp or a shore parallel, linear loading dock located immediately adjacent to the seawall or marginal wharf are consistent with Sections 3.2.3.4 and 4.6.3 of the Manatee Protection Plan? Agenda Item No. 17E September 15, 2009 Page 14 of 16 Mr. Christopher J. Thornton November 5, 2008 Page 3 of 4 In your request, you indicate that the proposed loading dock and ramp is to only be used for temporary loading and unloading of people and supplies, and is necessary for the safety of the boaters whether the boats are parked parallel to the seawall and secured with mooring whips or parked at an angle and secured with pilings. In order to prevent boaters from having to leap from the boat to the seawall during high or low tides, the Sunrise Cay II Condominium Association seeks to construct a floating dock with an access ramp to improve the safety of the members of the Association when accessing their boats. Based upon my review of Section 3.2.3.4 of the MPP, the multi -family residential docks should be restricted by allowing only marginal wharves along the waterfront of the multi -family areas with no finger piers or "T" shaped docks allowed. As depicted on Exhibit "F" of your application, your proposed design for the loading dock and ramp consists of a 10 foot by 7 foot platform that protrudes into the canal and includes a 4 foot by 15 foot long ramp that connects to a 36 foot long "L" shaped floating dock. Since the proposed loading dock with access ramp is a permanent structure attached to piles, it is deemed to be a part of a marginal wharf. The design of the structure in this case, in my opinion, is not consistent with definition of a marginal wharf since it protrudes out into the canal similar to the way a "T" or "U" shaped dock would protrude. Also, the proposed loading dock is not designed to be built parallel to the marginal wharf or the shore of navigable waters. In regards to the alternate design that you proposed in the addendum to your application, you inquired if a shore -parallel, linear loading dock located immediately adjacent (parallel) to the seawall would be consistent with the MPP provision as noted above. Based on my conclusions above, one could apply Sections 3.2.3.4 and 4.6.3 of the MPP to allow a shore -parallel, linear loading dock as long as it is located immediately adjacent to the seawall. It is my opinion that this limitation is consistent with the intent of the marginal wharf and includes those loading dock structures built on flotation devices(pontoons to keep them at the same level of the ship even during changing tides." It should be noted that the use of shore -parallel loading shall not allow more boats to be docked than is currently allowed. Any shore parallel loading dock is just for the ease of access to boats and cannot be used as extra mooring. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily. News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. if payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address Agenda Item No. 17E September 15, 2009 Page 15 of 16 Mr. Christopher J. Thornton November S, 2008 Page 4 of 4 provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Susan M. Istenes, AICP, Director Department of Zoning & Land Development Review Cc: Cohier'County Board of County Commissioners Collier County Planning Commission James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Jeff Klatzkow, County Attorney Ray V. Bellows, Zoning Manager, Department of Zoning & Land Dev. Rev. Agenda Item No. 17E September 15, 2009 Page 16 of 16 -12F Sunday, August 30, 2009 041W News 0120 NIV= OF 0120 NOTICE OF MEET G MEMiG NOTICE OF PUBLIC HEARING I Notice Is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 15, 2009, in the Boardroom, 3rd Floor, Administration Building, Col- lier County Government Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ADA-2008-AR-14059, Sunrise Cayy it Condd- rninium Associapon Inc. represented by Chrlsto-. pher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has submitted an appeal of the deci- sign for INTP-2008-AR-12749. The appellant has re- quested an appeal to the Director's response In which the Director concluded that the proposed - design submitted with the interpretation request, ,depIcting angie-parked boat parking with Moorft pilings, s Inconsistent with the Manatee PrCts0tion Plan requirements at Sunrise Cay ii. Through, the appeal process both parties have crafted a pro• posed dock design with settlement agreement limitingne nditions wherelti tis the Director's opinion tat the modification of the design plan and the proposed conditions meets the Intent of the marginal wharf Configuration require• ments of the Manatee Protection Plan. and Land De- velopment Code. The agreement is being proposed for the Board of Zoning Appeals consideration and approval to reconcile the appeal request and com- ply with the requirements of the Manatee Protec- tion Plan. The subject property Is located in Sec - Florida. tion 9, Township 59 S, Range 28 E, Collier County,. NOTE: Ali Persons wishing to speak on any agenda Item must register with the County Administrator . prior to presentation of the agenda Item to be ad- dressed. Individual speak6rs will be limited to 5 ' minutes on any Item. The selection of an individual to speak on behalf of an organization or growpp is encouraged. If recognized by the Chair, a spokes- person for a group or organization may be allotted 10 minutes to speak on an item. .Persons wishing to have written .or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the. respective public hearing. in any case, written materials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. Ali material used in presentatlons before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record ofthe proceedings Pertaining thereto and therefore, may need to en- sure that a verbatim record of the proceedings Is made, whichrecord includes the testimony and evidence upon which the appeal Is based. If you are a person with a disability who needs any accommodation in order to particlpate In this pro- ceeding, you are entitled, at no cost -to you, to the provision of certain assistance. Please contact the Collier Coun Facilities Management Department, located.at 301 Tamlami Trail East, Building W, Naples, florida 34112, (239)252-8380; assisted iistep ing devices for the hearing Impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN ' DWIGHT E. BROCK, CLERK By. Martha Vergara, Deputy Clerk _Atlauat 30. 2009 No181 012 COLLIER COUNTY FLORIDA 117E REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES./Zonine Person: Susan Istenes, AICP, Director Date: Petition No. (If none, give brief description): ADA-2008-AR-14059, Sunrise Cay Phase 11 Petitioner: (Name & Address): Christopher Thornton, Cheffy, Passidomo, Wilson, & Johnson, 821 5th Ave S.. Suite 201, Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Sunrise Cay II Condominium Assoc., C/o Ovidio C. Giberga, Pres., 237 Sunrise Cay, #203, Naples, Fl, 34114 Hearing before BCC BZA Other Requested Hearing date: September 15, 2009 Based on advertisement appearing IS days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ADA-2008-AR-14059, Sunrise Cay II Condominium Association Inc., represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has submitted an appeal of the decision for 1NTP-2008-AR-12749. The appellant has requested an appeal to the Director's response in which the Director concluded that the proposed design submitted with the Interpretation request, depicting angle -parked boat parking with mooring pilings, is inconsistent with the Manatee Protection Plan requirements at Sunrise Cay 11. Through the appeal process both parties have crafted a proposed settlement agreement which is comprised of a dock design with limiting conditions, wherein it is the Director's opinion that the modification of the design plan and the proposed conditions meets the intent of the marginal wharf configuration requirements of the Manatee Protection Plan and Land Development Code. The agreement is being proposed for the Board of Zoning Appeals consideration and approval to reconcile the appeal request and comply with the requirements of the Manatee Protection Plan. The subject property is located in Section 9, Township 52S, Range 28E, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No if Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed "by: � Division Administrator or Designee D to List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date of Public hearing: Date Advertised: T Date Received: 17E Acct. #068779 August 13, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ADA-2008-AR-14059; Sunrise Cay Phase II Dear Legals: Please advertise the above referenced notice on Sunday, August 30, 2009 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PeOe #4500096189 1 to NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 15, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ADA-2008-AR-14059, Sunrise Cay II Condominium Association Inc., represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, has submitted an appeal of the decision for INTP-2008-AR-12749. The appellant has requested an appeal to the Director's response in which the Director concluded that the proposed design submitted with the Interpretation request, depicting angle -parked boat parking with mooring pilings, is inconsistent with the Manatee Protection Plan requirements at Sunrise Cay II. Through the appeal process both parties have crafted a proposed settlement agreement which is comprised of a dock design with limiting conditions, wherein it is the Director's opinion that the modification of the design plan and the proposed conditions meets the intent of the marginal wharf configuration requirements of the Manatee Protection Plan and Land Development Code. The agreement is being proposed for the Board of Zoning Appeals consideration and approval to reconcile the appeal request and comply with the requirements of the Manatee Protection Plan. The subject property is located in Section 9, Township 52 S, Range 28 E, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will 17 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk eof-Co' llier CLERK OF THE CIRCA IT COURT Dwight E. Brock COLLIER COUNTY )COURTJiOUSE 3301 TAMIAMI AIL EAST Clerk of Courts PO. BOX 413044 NAPLES, FLORIDA1,4101-3044 August 13, 2009 Cheffy, Passidomo, Wilson, & Johnson Christopher Thornton 821 5ch Ave S. Suite 201 Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA-2008-AR-14059; Sunrise Cay Phase II Dear Petitioner: 17E Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 15, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 30, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.colliercierk.com Email: collierclerk@,collierclerk.com X CLERK OF THE C Dwight E. Brock COLLIER COUNTY IC 3301 TAMIAMI Clerk of Courts P.O. BOX 41,: NAPLES, FLORIDA August 13, 2009 Sunrise Cay II Condominium Assoc. Ovidio C. Giberga, President 237 Sunrise Cay Suite 203 Naples, FL 34114 ,0111er 17E .CtTIT COURT luRtHOUSE Clerk of Courts .IL EAST Accountant )44 `•. 4101-3 b44 Auditor 3�� Custodian of County Funds Re: Notice of Public Hearing to Consider Petition: ADA-2008-AR-14059; Sunrise Cay Phase II Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 15, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 30, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierelerk.com Email: collierclerk(a�collierclerk.com 17E Martha S. Vergara From: Martha S. Vergara Sent: Monday, August 17, 2009 3:25 PM To: 'legals@napiesnews.com' Subject: ADA-2008-AR-14059, Sunrise Cay Phase II Attachments: ADA-2008-AR-14059.doc; ADA-2008-AR-14059 ( Sunrise Cay Ph II).doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408fax (martha.vergara@collierclerk.com) lie Martha S. Vergara From: postmaster@collierclerk.com Sent: Monday, August 17, 2009 3:25 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT613730.txt; ADA-2008-AR-14059, Sunrise Cay Phase II This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals(@naplesnews.com 1 Martha S Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, August 18, 2009 10:24 AM To: Martha S. Vergara Subject: RE: ADA-2008-AR-14059, Sunrise Cay Phase II ok From: Martha S. Vergara[mailto:Martha.Vergara@collierclerk.com] Posted At: Monday, August 17, 2009 3:25 PM Posted To: Legals - NDN Conversation: ADA-2008-AR-14059, Sunrise Cay Phase II Subject: ADA-2008-AR-14059, Sunrise Cay Phase II Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha vergara@collierclerk.com) Under Florida Low, a -moil addresses ore public records. If you do not wont your a -moil address released in response to a public records request, do not send electronic moil to this entity. Instead, contact this office by telephone or in writing. Grek 17E The attached documents are backup material to the Sunrise Cay Appeal which is presently located on the Summary Agenda. If you are in agreement with the proposed settlement agreement as it is on the Summary Agenda, then it is probably not necessary to read all of this information. The attached information relates to the appellant's arguments concerning the appeal request; however both the staff and the appellant have come to agreement and have prepared the agreement for the Board's consideration. It is required to be provided as part of the record and for your information if you are interested, which is why it is being made available to you. EDWARD K. CHEFFY BOARD CERTIFIED CIVILTRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M.NOVATT DAVID A. ZULIAN KEVIN A. DENTI JEFFREYS. HOFFMAN BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNFY Via Hand Delivery CHEFFY PASS IDOMO ILSON & JOHNSON ATTORNEYS AT LArw, LLr 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261-9300 FAX: (239) 261-9782 EMAIL: CPWJ@naplesiaw.com WEBSITE: www.napleslaw.com Dcccmhcr 1 I. 2008 Susan M. Istenes, AICP, Director Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development RevleNV 2800 North Horseshoe Drive Naples, Fl, 3410/1 7E LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY MICHAEL W. PETTIT CHRISTOPHER J. THORNTON MICHAEL S. GROSS BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY JOHN C. CLOUGH JASON O. LOWE M. FRANCESCA PASSER] OF COUNSEL: GEORGE L. VARNADOE RE: INTP-2008-AR-12749, Request foi- official interpretation of Sections 5.03.06.E.11 and 5.05.02.0 of the Collier i`ounty Land Development Code (LDC) to determine whether or not the use of mooring pilings to angle park boat slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock with access ramp is consistent with Seetimus 3.2.3.4 and 4.6.3 of the MPP. Dear Ms. Istenes: Enclosed please find the following: Completed Form for Appeal of Official Interpretation; Notice of Appeal; and Check in the amount of $ I,000.00 as the application and processing tee. Please file and process the enclosed in your usual Fashion, and feel free to contact nle if you have any questions. I.I.y yours Very t, ('hristapher J. Th�,rnton Fol. rile Firm C,I I MITI I b I Ilclosures cc: Jeffrey A. Klatikow, County Attorul:y (Via I land Dclivery) Ovidio C. Giberga, Sunrise Cay 11 Condonninium Association, Inc. Intake Planner, Collier County Department oti'oning and Land Developmcilt Review (Via Hand Delivery) 666.5-116.59I)oc'!I I I2/I 1/08 17E- � f �- SUNRISE CA.Y I i CONDO COCOBO COT,LIER COUNTY BOARD invoice. :Date Invoice Num.be,_" Voucher Description Amount 12/09/2008 120908 00349393 PILING PROJECT 1,000.00 12/09/2008 Check S8 001317 SUNRISE CAS.' 11 CONDO ASSOC, INC. c/o CARDINAL MANAGEMENT GROUP 5067 TAMIAMI TRAIL, :EAST ORION BANK 6310i6 NAPLES FL 34113 NAVES, FL O — 1,000.00 001317 12/09/2008 $1,000.00 PAY: One Thousand and no/100 DOLLARS TO COLLIER COUNTY BOARD TI3E OF COUNTY COMMISSIONERS/•CON44.-s.LI-CP�I&I-PdG ORDER 2800 N. HORESHOE DRIVE �✓ 02i' NAPLES, FL 34104- �. AUTHORIZED SKiNATUPE - Plor VALID AFTEn 80 DAYS COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET N 17E 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPEAL OF OFFICIAL INTERPRETATION LDC 10.02.02 F.5 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To he completed bysl(r// DATE PROCESSED ASSIGNED PLANNER APPLICANT INFORMATION NAME OF OWNER SUNRISE CAY II CONDOMINIUM ASSOCIATION, INC. ADDRESS C/O OVIDIO C. GIBERGA, PRESIDENT, 237 SUNRISE CAY, #203 CITY NAPLES STATE FL ZIP 34114 TELEPHONE # 239-642-8246 CELL # FAX # E-MAIL ADDRESS OGIBERGA@AOL.COM NAME OF AGENT/APPLICANT CHRISTOPHER J. THORNTON FIRM CHEFFY PASSIDOMO WILSON & JOHNSON, LLP ADDRESS 821 5TIi AVE. S. CITY NAPLES STATE FL ZIP 34102 TELEPHONE # 239-261-9300 CELL # FAX # 239-261-9782 E-MAIL ADDRESS CJTHORNTON@NAPLES LAW, COM REQUEST DETAIL Interpretation No. AR-12749 (Please reference the interpretation number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of $1000.00 made payable to the Board of County Commissioners. 17E '""� BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA IN THE MATTER OF: Official Interpretation of Sections 5.03.06.E.11 and 5.05.02.0 of the Collier County Land Development Code (LDC) to determine whether or not the use of mooring pilings to angle park boat slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock with access ramp is consistent with Sections 3.2.3.4 and 4.6.3 of the MPP. INTP-2008-AR-12749 ADA-2008-AR- NOTICE OF APPEAL Notice is given that Sunrise Cay II Condominium Association, Inc. (Sunrise Cay 11), a Florida not -for -profit corporation, Appellant, appeals the interpretation of the Director of the Collier County Department of Zoning and Land Development Review (the Director), dated November 12, 2008, and received by counsel for Appellant on November 14, 2008, in IN-1-13-2008-AR-12749. This Appeal is pursuant: to Collier County Land Development Code (LDC) Section 10.02.02.17.5 and is made to the Collier County Board of County Commissioners, sitting as the Board of Zoning Appeals, under the powers and duties enumerated in LDC Section 8.04.01.B. Appellant is the applicant who requested the interpretation by letter to the Director dated January 10, 2008 (Request). The Appellant made two separate requests for interpretation in its Request. Request I was whether the MPP permits the use of mooring pilings to angle -park boat Page 'I of 6 17E slips at the property of Sunrise Cay II, and Request II was whether the MPP permits a loading dock with access ramp immediately adjacent to the seawall at the property of Sunrise Cay II. The Appellant does not appeal the Director's Response to Request II, in which the Director concluded that a shore -parallel, linear loading dock located immediately adjacent to the seawall would be consistent with the MPP. The Appellant agrees with the Director's Response to Request II. The Appellant appeals the Director's Response to Request I, in which the Director concluded that angle -parked boat parking with mooring pilings is inconsistent with the MPP. The basis for the Appeal is that in the portion of the Response responsive to Request I, the Director has incorrectly interpreted provisions of the Manatee Protection Plan (MPP) and provisions of the LDC. Specifically: 1. The Director has incorrectly interpreted Sections 5.03.06.E.11 of the LDC and Sections 3.2.3.4 and 4.6.3 of the MPP to prohibit the use of mooring pilings to angle -park boat slips at Sunrise Cay II. It is clear from LDC Section 5.03.06.B.1 and as stated in the Response that mooring pilings are expressly permitted on waterfront property, and it is clear from MPP Section 3.2.3.4 of the MPP that marginal wharves are permitted at Sunrise Cay II. Nothing in any portion of the LDC or MPP mandates the way in which boats must be parked against a docking facility such as a marginal wharf, or that a marginal wharf cannot have mooring pilings. The MPP allows marginal wharves, the design proposed by the Appellant is a marginal wharf, and no matter how Page 2 of 6 the boats are parked against the marginal wharf, the marginal wharf remains a marginal wharf consistent with the requirements of the MPP. 2. The fact that the MPP does not prohibit pilings is supported by the Director's Response to Request II, in which the Director concludes that a shore -parallel, linear loading dock located immediately adjacent to the seawall would be consistent with the MPP. Such a structure by necessity would be supported by or attached to pilings, and therefore pilings are not prohibited by the MPP. 3. In the absence of a definition of the tern "marginal wharf" in the LDC, GMP, or MPP, the Director has relied upon an "industry accepted definition' from an unknown and uncited source as the basis for the conclusion in the Response to Request I that angle -parking of boats with mooring pilings is inconsistent with the MPP. The Director's alleged "industry accepted definition" is incorrect, and goes beyond the language and intent of the MPP. 4. The Director did not respond to evidence provided in the Request that Collier County has previously on many occasions applied and interpreted the LDC and MPP to allow the use of mooring pilings for angle or perpendicular parking of boats, and other various types of docking facilities, on the only two parcels in Collier County to which Section 3.2.3.4 of the MPP could be applied, which are the Sunrise Cay property and the Stella Maris property. Sunrise Cay II currently has 6 pilings that are used to park boats perpendicular to the seawall at the west end of the Sunrise Cay Canal, which pilings were permitted by Collier County in building permit 2001060624. It is important to note that this permit was issued after the 1995 adoption of the MPP. And at Stella Maris, which like Sunrise Cay II is within the seawalled basin at Port of the Islands, and Page 3 of 6 17E I zoned and developed with multi -family residential units and with a seawall that is common property of the association, many various types of docking structures have been permitted and built after the adoption of the MPP. It is unfair to interpret the MPP one way for Stella Maris and another way for Sunrise Cay II. 5. To the extent that the Director's Response to Request I is not rejected, Section 3.2.3.4 of the MPP will have targeted and identified one parcel of property in all of Collier County where docking facilities are allowed but mooring pilings to secure the boats are not allowed, a result that is not consistent with the language and intent of the The Director's Response to Request I should be rejected because it is not supported by substantial competent evidence and is contrary to the LDC and the MPP. Appellant requests a full evidentiary hearing on the Director's Response to Request I, with due public notice, and with an opportunity to present, among other things, expert testimony on the issues outlined above. A list of exhibits known at this time is attached. Respectfully submitted this 11th day of December, 2008. CHEFFY PASSIDOMO WILSON & JOHNSON, LLP S BY: Christopher J. Thornton Florida Bar Number: 0014936 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 phone (239) 261-9300 fax (239) 261-9782 Attorneys for Appellant Page 4 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Appeal and its Exhibits, along with a check in the amount of $1,000.00, payable to Collier County Board of Commissioners, has been furnished via hand delivery to Susan M. Istenes, AICP, Director, Collier County Government, Community Development and Environmental Services Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, FL 34104; and a true and correct copy has been furnished by hand delivery to Department of Zoning and Land Development Review, Attn: Intake Planner, 2800 North Horseshoe Drive, Naples, Florida 34104; and a true and correct copy has been furnished by hand delivery to Jeffrey A. Klatzkow, County Attorney, 3301 East Tamiami Trail, Naples FL 34112, on this 11t" day of December, 2008. - d4m Christopher J. Thornton Page 5 of 6 I7E EXHIBIT LIST 1. Request for Formal Interpretation, dated January 10, 2008, with all exhibits; 2. Supplement to Request for Formal Interpretation dated May 29, 2008; 3. Director's Response dated November 12, 2008; 4. Affidavit of Todd T. Turrell; 5. Affidavit of Jon C. Staiger; 6. Sunrise Cay II Existing Conditions plan; 7. Sunrise Cay II Proposed Layout plan; 8. Aerial photograph of the Sunrise Cay II property; 9. Condominium plot plan for Sunrise Cay II Condominium Association, Inc. recorded in ORB 2245, Page 1388, Public Records of Collier County, Florida; 10. Aerial photograph of the Stella Maris property; 11. Plat of Stella Maris, as recorded in Plat Book 26, pages 26 and 27, Public Records of Collier County, Florida; 12. Aerial photograph of Port of the Islands; 13. Collier County Zoning Map number 2809S; 14. Collier County Zoning Map number 2809N; 15. LDC Section 1.08.02 definitions of dock and dock facility; 16. LDC Section 5.03.06; 17. LDC Section 5.05.02; 18. a. Collier County building permit 2001060624; b. Aerial photograph of mooring pilings constructed under building permit 2001060624 at Sunrise Cay II; 19. a. Permit History Report for Collier County building permit 1999112264; b. Aerial photograph of dock structure approved by permit 1999112264 at 333 Stella Maris Drive; 20. a. Permit History Report for Collier County building permit 2002121947; b. Aerial photograph of dock structure approved by permit 2002121947 at 325 Stella Maris Drive; 21. a. Permit History Report for Collier County building permit 1999031541; b. Aerial photograph of dock structure approved by permit 1999031541 at 294 Stella Maris Drive; 22. a. Permit History Report for Collier County building permit 2003032406; b. Aerial photograph of dock structure approved by permit 2003032406 at 297 Stella Maris Drive; 23. a. Permit History Report for Collier County building permit 2006063647; b. Aerial photograph of dock structure approved by permit 2006063647 at 314 Stella Maris Drive; 24. MPP Sections 3 and 4; 25. All exhibits used by other participants in this matter; 26. The Appellant reserves the right to amend this list. Page 6 of 6 1- `" n Y ,F 6 `- j- 'k-L' s f ID G %,JL • I fLi iG]?1ir:5 Ai .t -,w, �-T n ED4,'ARD K. CHE; FY S21 FIFTHAVENUE SOUTH, SUITE 2,31 BOARD CERTIFIED CIVIL TRIAL ATTORNE Y I+'A, P L ES, FLO RI CA 34 102 LOUTS W. C HEFFY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY BDAHD CLHT WILD REAL ESTATE ATTORP:EY JOH14 lir, PASSIDOl,+:O 1 ELEr'FIOI E (239) 261-9300 LISA H. BARRETT BOARD CERTIFIED REAL ESTATE ATTORNEY FA'r. (239) 261-9782 BOARD CERTIFIED REAL ESTATE ATTORWEY GEORGE A. WILSO! f:h.. IL Oi i' V(o�nap!eslaev.com GIJ+Y C. BROOKER BOARD CERTIFIED WILLS. TRUSTS 8 LSIAILS ATIORMLY F EDWARD JOHNSOi� /�{dDRE1W H. REtSS BOARD CERTIFIED \4q l_L5, TRUSTS e, ESTATES ATTORI4i` 1• \'OLLIAM J. DEIMSEY JOiR D, KEHOE BOARD CERTIFIED RFAI- ESTAII: Al I OHNLY BOARD CE RTIFIPD CIVIL TRIAL ATi ORNEY 1,41U! AEL %V PET—i iT LOLIS D. D'AGOSYlKO CHRISTOPHER J.'f!:09N-i O ,! BOARD CERTIFIED APPELLAI E PRACTICE ATTORNEY I.liICHA\:L S. CI OSS JEFF M. ! OVAlT JOHN. C. CLOUGH DAVID A. ZULIAN JASON O, LO\ri'F- KEVIP: A. DFN T I JEFFREY S. NDFFid,AIJ OF COUNSEL: BOARD CERTIFIED WILLS. TRUSTS G ESTATES /AT TDRI:EY GEGFICE L. VARNADOE lanuary 10, 2008 Susan N. lstenes, Directo IDcpartmcnt of Zoning and Land Development lievlew 2800 north Horseshoe Drive Naples, :Florida 34104 R1:: Request for interpretation Pursuant to LDC Section 10.02.02T Sunrise Cay II Condominium Associations, hic. rack Design Consistency with Mtanatce Protection Plana Dear Susan: Our law firm represents Sunrise Cay 11 Condominhlnn Association, ine. (the "Association"). On behalf of the Association, this letter is submitted as a request for interpretation in accordance Nvith Section 10.02.02T of the Collier County Laud Development Code ("LAC"), Enclosed you witl find a check representing the application fee of $1,500.00 in accordance with the fee schedule in Resolution 2007-357 of the Collier County Board of County Commissioners ("BM"). 'File question submitted for your consideration is whether a particular dock facility configuration proposed to be constructed by the Association is consistent >,alitln the Collier County Manatee protection Plan ("MPP"), and in particular: 1) v,rhethe, the proposed use of mooring pilings to angle -hark some of the slips, and 2) whether the proposed loading dock with access ramp, are co;.nsistclit with Sections 3.2.3.4 mid 1,6.3 of the 1Vil P. ['he property of the Association is located in the Sunrise Cay Comple:� in Port Of the lslauds in Section 9, Township 52 South, 1Zange 28 Fast, folio number 01067081401, and consists of phases 1-5 as shown iin the condominium plot plan attached as :Exhihf.� A_ ("Property"). Phases 6-8 as shown in the plot plan are not part of the 1'rnperty, but instead are parr of a separate condominium 1<11m'n as Sunrise Cay L 1-he Property coniains apprnxirnately 973 linear feet of seawalled shoreline, v,'ith approziimitcly 64 feet at the v,,cst end OF the Surn-ise 17E Susan M. Istenes, Director January 10, 2008 Page 2 Cay Canal, 689 feet on the north side of the Sunrise Cay Canal, and 220 feet along the west side of the raka Union Canal. A 2007 aerial photograph of the Property from the Property Appraiser is attached as Es;.TlibR 13. Another aerial photograph showing how t:he Property relates to the rest of Poet of the Islands is attached as Exhibit C- According to the zoning map, the Properly is zoned RIME-16. .The Property contains 5 residential buildings with a total of 42 condominium units that were constructed between 1996 and 1999. The zoning maps for the Port of the islands area are attached as Exhibits Df and W_ The Association has submitted applications to the Florida Department of Enviromnental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file no. SAJ-2003- 9792) seeking pennits for the construction of a reconfigured dock facility. The existing conditions and the proposed layout are shown in ExhiW6 E and. F, respectively. The essence of I he proposal is to convert from the current situation whereby 42 boats are parallel -parked along the entire length of the seawall and secured with mooring whips, to the proposed configuration whereby no boats will be at the western end of the Sunrise Cay Canal, 36 boats will be angle - parked on the north side of the Sunrise; Cay Caimal and secured v,,itli 38 pilings on 13-foot centers, and 6 boats will remain parallel -parked on the west side of the l;aka Union Canal. As a result of the more compressed and efficient proposed configuration, although the overall number of boats remains the same, less of the seawall is pre -erupted, and there is room for the proposed loading dock and ramp. The design of the existing five foot Avooden boardwalk will not be changed, and the proposal does not call for any structures in or over the Nvater other than the 380 pilLigs and the loading dock and rarnp. For purposes of your analysis, please assume that the site has a rairi<ing of Preferred or Moderate, under the marina siting criteria contained in 3.2.4.1 of the MtPP and 5.05.02.0 of the LDC. If Preferred, the facility would be allowed a maximum boat slip density of 18 slips per 100 feet of shoreline, or 175 slips. If Moderate, the facility would be allowed a maximum boat slip density of 10 slips per 100 feet of shoreline, or 97 slips. `this assumption should allow you to answer the specific questions posed, without the information necessary to rank the site. In actuality, it is my understanding that the manatee mortality by watercraft within 5 miles is less than 20%, that no submerged resources or native shoreline vegetation are impacted, and that water depths are greater than four feet, and that therefore the site is Preferred. Please note that the 42 slips requested is 133 slips less than the maximum 175 slips allowed under the marina siting criteria for a Preferred site with 973 feet of shoreline. The applicable portion of time MPP for a property that is zoned and developed as multi- family with a seawall in Port of the Islands appears to be Sections 3.2.3.4 and 4.6.3. Section 3.2.3.4 provides: "Shoreline development within the seawalled basin at Port of the Islands will be restricted as follows:... 2. Multi -family residential docks should be restricted by allowing only marginal wharves along [lie waterfront of multi -fancily areas with. no finger piers of "1" Susan N. Istenes, Director January 10, 20008 Page 3 docks allowed.- Section 4.6.3 is similar, except thai the vrords "seavmlled basin" are replaced with the words "manatee sanctuary." First, it is cleat that Section 'i.6.3 is inerehy a recommnenda-iio,i for action by the private Port of the islands Ho ricova ers Association, and not intended to be enforceable by the County. Read in its full context, Section 4.6.3 is a subpart of Scciiou 4.0, which provides: ".. . The County should encourage the Port of the ?slauds Homeovvners Association to adopt the following:..." Based orr the foregoing lane ual;e in Section 4.6 of the AI1Pi', it is clear that 4.6.3 encourages certain action by a private liomeovviref's, association, and does not purport to be a restriction enforceable by the County. Second, both Sections 3.2.3.-im and 4.0.3 of the iMPP use the permissive "should" rather than the mandatory "shall". i?ecause the language of the rule is permissive rather than mandatory, these sections or the MiiPP should not loe used to determilne that time proposed dock facility eo,ifigurrtion is inconsistent yvIth the MtP1'. T1vrd, Sections 3.2.3.4 and 4-.0.3 do not -mention the v,,ord "pilings", do not mandate sliore-parallel parking of boats, do not prohibit angle -parked or shere-nonnal parking, do not mandate that boats be secured with ;mooring whips, and do not impose any numerical cap on boat slip density (which is accomplished by the marina siting criteria) and therefore should not cause the proposed configuration to be inconsistent with the IVIPP. \Vhat the vest -fiction does clearly and expressly allow is "marginal wharves.' Although the tern is not defined in the L,DC or the comprehensive plan, the Meriianm NVcbster ))ictionary defines the word "marginal" as "of, relating to, or situated at a nmaroin or border". And the v,,ord "wharf" means "a structure built along or at an angle from the shore of navigable waters so that ships may lie alongside to receive and discharge cargo and passengers." Based on the plain nmcaning and definitions, it is clear that the term "marginal wharves" would include an over -water lay -along type dock placed parallel to the shore and supported by pilings. in addition, the use of the term "marginal wharf' does not' imply or mandate that the boats secured to the structure will be parked in any particular fashion. 13ecause an over -water marginal wharf, which is expressly permitted by the restriction, by necessity vvould include the installation of supportive pipings, and also v,.ould include accessory mooring pilings if the boats were parked at ran angle or s1101-( -normal position, it is clear that the iestrietion does not pm-olhibit pilings. Ono way to look at ih.e proposed pilings is as a marginal wharf tlmat is located against the seawall, but vvithi the planh<iug rcinoved. Since the Wile would expressly allow the installation cf an over--ti-vatei- ni argilial v,11aara; Then (lme removal of the plaimking from the marginal vvhatf should not cause the coinfib ration to be inconsistent with the DPP. If the restriction had been intended to prohibit pilings, or to irandate shore -parallel parking, then the restriction would have been drafted to include thoS(-, provisions. The proposed eoniigtuation is consistent with 1$e N/111' because it dces not include any finger oiers or'.1F-docks, 17 E °' Susan M. Istenes, Director January 10, 2005 Page 4 Fourth, the County has previously and oil nary occasions determined that the type of facilities proposed by the Association are consistent with the 141PP . In fact, the six (6) pilings shown at the eastern end of the Sunrise Cay Canal in Exiihit R, (to be removed under the proposed configuration) were installecl under permit 2001060624 that was issued by Collier County to the Association on June 80, 2001, approximately 6 years after adoption of the MP-P. In addition, many permits for varied types of dock facilities have been issued for owners in Stella Maris, which is also a seawalled multi -family development v.;here the docks are located on common -area property behind the multi -family 'buildings. Examples of such pernits issued for dock facilities at Stella Maris after the adoption of the MPP include, but are not limited to, the following: Permit No. Address 1999110506 325 Stella Maris Dr 2002121947 325 Stclla Maris Dr 2003032406 297 Stella Maris Dr 1999031541 294 Stella Maris 1:,r 2003020103 261 Stella Maris Dr 1999112264 333 Stella Maris Dr Job Description S. 5' x 30' dock — no electric S. 83 sq/ft dock and lift with electric S. adding boat lift S. 5 x 30 dock ao electric S. dock S. res. dock and lift The fact that the MPP does not prohibit the facilities that are proposed by [lie Association is further illustrated by the varied types of dock facilities that have been installed at Stella Maris, as shown in the aerial photograph attached as Exliiliit G. It should be noted that the types of dock facilities permitted at Stella Maris are particularly informative as to liow the MPP has been interpreted and applied, because Stella Maris appears to be the only other parcel besides Sunrise Cay where this particular restriction could arguably apply. Other areas in fort of the Islands appear to be either zoned and developed as single-family, or zoned multi -fa nily but developed as single-fainily detached (such as ?! veningstar Cay) or else do not have any seawall, and therefore would not be subject to this particular restriction. Because Collier County has previously interpreted the MPP to allow the types of facilities proposed to be installed by the Association at the only two parcels to which the subject rules apply, the proposed facilities should be found consistent with the MP!'. With respect to the loading dock and ramp, this portion of the proposed configuration will only be used for temporary loading and unloading, and is necessary for the safety of the boaters. In a boating conumuuity such is Pori of the Islands, property owners who live directly on the waier sbould not be forced, whether the boats are parked parallel and secured with mooring whips or parked at aii angle and secured with pilings, to leap from the boat to the seawall, which is particularly dangerous when the tide is either high or low compared io the elevation of the seawall. The floating loading clock with access ramp is necessary for the safety of the members of the Association, is )lot a finger pier or T-dock, and should not be determined to be inconsistent with [he MPP. Susan N. Istencs, Oircctor .lanuary i 0. 2000 `rage 5 Based on the foregoing, 1 respectfully request your confirmation that the pilings and the loading docile and -anrp as proposed by the Association �:re consistent with the 1OPP, and particularly with MP:P sections 3.2.3.4 mui 4.0.3. Tha-,lc you or your atteiitiml and consideration. "lease feel firee tc) contact we ;I' you have any questions or if you require 1in-the.r information. Very truly yours, t_ Clifistopher J. Thornton For the tF icm CJTh71lb i llclosures cc: Oviedo C. Giberga, Sunrise 11 Cay Condominium Association Inc. FAwPdocslR)lsunriseCeylICondominium (I3659)1l.etterrequest 1-10-01.6oc a WIN EN cz� onus, 0 mix — — — — — — — — — — — — 9----JL 9R F"Jib 1 fft C, Ac L11i ;C 7Z ! � i! � I f 7 t - � _ _ a PLOT PLM c7 CM;6-� Caw _'_ _ i Mal Page 1 of 2 .i - - Street r9armao J qJ bd ivl bloc. ._ fj2rssls 20W I£ insh urban; laic 2t'Cf i7 F_8:'j .I 1�ulftlln�r t�gtprints :.DN1,sr u l Foiio W'umber: 01067081401 -' Name: REFERENCE ONLY r Le�s! iname: NO SFi E pC. ADDRESS P_ t cn: 9 52 28 THAT - r _ _:— J �a 4 _ q - _ POP. ON OF SEC N/K/N SUNRISE CAY I CONDO PH 5 AS DESC IN OR 2245 PG 1343, PH 4 AS DESC IN OR 2366 PG 814 , 2C04. Ccl iz,.- Cc,:nty Praperty App ramc . 'v11; Ic :hc Col! Icr Ccurly Prcperly Appraiser s cc^milted to providing the most aczcrato ana uc to dzto info,Ynat,on, no v;arrcnlie c expressed or implied are provided for the data herein, its use, cr its interpretation. i 'ima�S.CCl,'_C c 73�1'8?SC''.Cv 1J1NeJi1� i its ;zlgrJtiill.;:Spx?title=- � _,NT C^ �� &-, t -'T' � ° i =�.n7 4 r 1 1 oiie _t 1.�ti �� apcz—�c1,uI_ 6 &.55.. /3C/2©07 rLat iMap 'age 1 of 2 r MAP LEGEMID, cry . 'SL•re1 fVam—'^ I � c12rlala 292i to Inch Urbanj A r lala 2Q4712 FFEfj i Zi F{ Gulldlnq Footprinta Coiiicr County XAWA ^ i Folio Numb;: 01067081401 — i Name REFERENCE ONLY Naoso NO SITE ADDRESS r :,w Legal D.sc. ip¢...n:: 9 52 28 THAT PORTION OF SEC 9 N/IUA SUNRISE ;} CAY it CONDO PH 5 AS DESC 1N OR z� 2245 PG 1343, PH 4 AS DESC IN OR 2366 PG 814 ^6% 02C04. Collier County Properly .appraiser. b1C11le the 0cliier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties ~:pressed or implied are provided for the data herein, its use, or its interpretation. t w. h,uP://111aps.collie.app.aise..coi-,7/webmap/ivappr it.aspx'?titic=A-'Lorient--LAINDSC! PE&-paper=LETTE-R8cm;ifa=a86u83.'�;236... 12/20/2007 -.;44 77- ITT.11.ij 5711 CAI t 7 ZA;lL -9. M)010, RM"- iiiiC71W-1 �'T Z' i., r-- A.- .1K Z;� AE I COLUCR COUNTY, I-LOHJUA COMMUNITY DLv1LCPWV4r L]IVIG:L;N TAP '2' RMC 7K ITC(S) 09 SG T/, 1- 1 IlAl �11M�'"�M A IL51 �-- S i IT Ut 1011 CAIM 7— .4 I. I 1na M l< Z-H' . Al- 1-1. A—L� QrrtOpv,•v.."R" t'tcmi DAtT IIOY 12, 200:, CCLUER COUNTY, FLORIDA commui4iry OCvrLOPMUIT DlvS:C)N !TWP 52S FING 2GE: BU; 05 NO 1/2 IMAP NuM-R! <> THESE DRAWINGS ARE FOR PERdlITTING PURPOSES ONLY AND ARE NO" INTENDED FOR CONSTRUCTION USE. P5 'Ifi'-33' L"1:3. j "A d ERYKA;` <> ALL DATUM SHOWN HEREON IS REFERENCED TO MLA"1_ <> APPLICANT OWNS APPROX. 975 L.,=. OF SHORELINE. _ OVERWATER STRUCTURE: 0 SQ. FT_ : ' N^i- 1 TG'ID-ATIL O49A(N-In! nP ROTRJS10N 15 PROTRUSION TIDAL DATUM ,ML`,'1=+p NGVC k'jHti=+2IWG') NGVD 7�7' SURVEY COURTESY Cr COUR.REGORY SURVEPING, lfva 20. 10 1 GUIDE � t CI' 1 i ' 0' SEA4IIALL CAP S *-i 5-r1tCrE-'vVC rC0- _ C� tomt_ 20' 4 p BOARDWALK a �f�,r�G'ON�� C �I 7 4 I 4 I i _ I i t v X i r n t C ^ ° O iV � .�o U r t�.��vst .vl I2G _ d r v: . U u� :.�� , j G °07 r•„RES OF ND MORE OR LASS) v; AS D=SCR:BED % BOOK 2245 PGS 1394-141 C yr s / COL_.=R CCUNT'. Pl / i BU'LDING I I 9'-1 CGIvOJ / Ia'"' CONCO ,` ONOG �..T- I 2 ,t , u v cne� °�clue ^39' -� ❑oaolN ,` -21 ,0, - - -- - - - - - -- - - - - .__ - -- - - - - I — - ' i �- PROPERTY L:NE GS71NGPJI.ES 20' O-C- ALOIiNG SEAWALL ;37' J 37' CJ1' I� • ��L ! REVISION ICWGNAME Exinlinu 0RAWiI SAS I OGO5"G3 SHEET 02 ' � . :�w.uC �C i✓:, Vl7 Gll i;1.:.,L;li �,C115LillI1L; -q,,,.y 4• J \I� Ij"` " 1 ^��a -.� -'"r •��^ DATE 3627-03 1 01].-27-03 SCALE I'1,00- 35341. cl-ngc:wa Suac 3 \a11cs I-i_ 34;C4-373Z ^ I r a0o No- 0304 I NIA ?l.on (739 G43-OI GG I a 2' ' ) (39) G43-663 �i(JS7Nr:r- CONS 17�ONS SECTION- TOWNSHIP- RANGE- Cmail LUi1ZC'furi-e1I-d4bootHLCS.Coil7 — -- - ' 'gt_ r a' DTr_: Ffic+Rti;;�r�: :• i'viOQF.ING PILEv LL O a- Lu WATERWAY / ACCESS RAMP 4'Al5' 7 \ \ <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. <> ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. +j <> APPLICANT OWNS APPROX. 975 L.F. OF SHORELINE. '<> EXISTING OVERWATER STRUC T URE: 0 SQ. FT. <> PROPOSED OVERWATER STRUCTURE: APPRO), 470 SQ. FT. o TOTAL OVERWATER STRUCTURE-: APPROX 470 30. FT. <> WIDTH OF WATERWAY: 149' (MHW TO MHW) <> TOTAL PROTRUSION FROM MHWL: 10 FT. <> TIDAL DATUM: MLW=+0,3' NGVD, MHW=+2.6' NGVD. i<> SURVEY COURTESY OF COURT GREGORYSURVE/ING, INC. L. Ppftl t.r. I q 0. �>SCIIGIGB'Cl1 liG _LTENI[PORARYM00_RING:-' _ COI�D'O�IIIN UM %SSOC�ATION� LOADNL AIDING c OFF LOADING OY % d' s C1 II pC PROPERTY LINE 1 . PORT O. HE E..,'_l-�l�DS \ / (6-807 ACRES O= LAND MORE OR LESS) \ _ ��T AK-/ / (AS DESCRIBED IN Q.R. BOOK 2245 PGS 1394-1416 COLLIER COUNTY, FL.) ,SCALE V=2' \ 69^' -I CONDO I I \ BUILDING j j CONDO I-45'---U-'DING\ — rr 4 E C 0 50 100 200 SCALE IAl FEET \ BUIiAING n.o \ CONDO —57- -1 I oUiLOING i I Y 14aC 1J0 J 1�1`1' •Lh \�` �h�1U,'`.1c' 10' 11 \.L '� ^' — -26--SPAGCS ®R) • 3'-CEN TERS- - —� — 414' �XIST(NG 6 SLIPS & PILINGS (TO BE REMOVED) 1 PACES Ccf�13 CENTcRS 25.e LINE PROPERTY LINE SUN?FSE CA: r° Ce NAL, 1 20' E MEd�i��1G GS, TAR CA y I'Lu7clf. dNc Associates, , C;_ DESIGNED IT.' El:vironincntal COII$Ultln�,� IJ 'I� I [ DRnWN Si 3524 E;;cllaugc Avc. Suilc G. Naplcs, FL 34104-3732 onrE os Flicac: (239) G43-OIGG Fa;e (239) 643-6632 PROPOSED LA"(OUT �ooao. a3 Cfi:a1I: tunaturrcll-associalos.com 1SECTION- 19, — — — /U1 —u - li U171 �I I GINAL DOCKING I� e VESSI LS P ( 7 ■ ..� REVISION D09G NAME Pmpua d 05.27-03 SHEET 03 0411-0c SCALE 1--100' 0T-03.OG G.w- TOWNSHIP- RANGES . ?i1 �i ll!_uli I 3L«1 hJamz^, i i � � ; � 3uL�d;vlslana -'rla!:l -'OD" :nc -4z,,; 7_412- 12 FELT] i�—i ��Illvr vruni;• Palgc 1. of Z J 2004. Ccllier Counlq Property Appraiser Vnilc the Co!t!er Coui!y Property Appraiser is committed to providing the most accurate and uo-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its inlcrprelalion. i 1/29/207 17E Christo die 9 J. 's ��rw��rt��011 �E4 i IFTE �� i:�'ABW. Sd �i'0:'::1IR ll��i�':3i3'le.ib Z, i�:."': `ISL. iT,43."�aLT, ..:.� -.F: iT ..Y.i@.`.Y�4YT_:BPa d°AiRlJ,'itLCi'fati;^FG:.IBtHP�ffiiR� From: C.hristophei .J fhorntcr Sent: Thus=;(lay, May 29, 2t 08 4:32 PllI To: 6eliow-s r Cc: il)(ar(c?;1aol. corn' Subject: f)I.x;lc r,.er!niitiraq issues: I i P-08-APr-1274,',), Sunrises Cay Phase II Ray: Asa supplernent !:o [he, penr:tini) re(;u��st foi iii INI P 08—AP,-V.749, and without withdrawing any portion of the pending request, r l,2�,se a;rr) consider wheth(-r the floating Ic adirnc} dock a!id ramp as currently proposed in the submitted dray.inq would he. con:,istent with the MPI•' if reeonfigLJI_Cd s!.ic.l-1 that the entire floating dock and ramp were shore-parali(�i. ri ai .iacl 'c_,'>'fed irnrr!ediat,ly adjae:em to tiie seawall. T)anks, Chris Christopher ,+. Thcrnton Cheffy Passidomo Wilson A...!ohi son 821 Fifth Avenue Sooih 2') Naples. F 1_ ":.01(Y) Telephone: 2,3�) 26 1-;,;)300 Facsimile: ":?9 261 013ls•4. E-mail: c)Iho, ntr;n` ! as,h le::J !vr.coi n This e-mail, anv !'ilr,s il.in:>r,Iit'.eJ rv:th it, !s far twsale use of lhe. intended recipients) and may contain information ;ha! s cc ticle niial cr L:r,v gc;! 1 I; ihiF, rrrH is, ncJ addr� t.r:k'd 1:0 you (or ii yuu have any reason to believe that it is not wic ,irr' a: rlr - !x,iif,r the :;ender oy i turn (,I mail sir by te-laphoning us (collect) at 239/2.61-9300 and delete thin; ni 11-0r!! yoI.0 r;omt)ui�!r. Any LWbUthor Zed rr;v!ew, use, retention, disclosure, dissemination, forwarding. piiiir,ncl cr �.opyi!ita o; !his e) it it is stricily prohibited. Plea!3e note that any views; or opinions presented in this e-mail arcs lh,n_i tlw,;;!.!tl!r nd ('o not ly !: f)ir-scnat of the law firm. . . ... . ...... Community Development and Environnnental Services Division Departmcnt of %oning and t_aud Development Review 2800 North Horseshoe Diivc ,: Napless, Honda 3410-1 November 12, 2008 Mi.. Christopher .1, Thornton Chefty, Passidonio, Wilson &Johnson, I',A. 821 fifth Avenue Month, Suite 201 Naples, ill, 34102 RE: INT11-2008-AR-12749, Request for official interpretation of Sections 5,03.06.I:,11 and 5.05.02.0 of the Collier County land Develolmment Code (LDC) to determine whether or not the use of mooring pilings to angle park bout slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock With access ramp is consistent with 1` ectioits 3.2.3.4 and 4.6.3 of the IAIPI'. Dear Mr. '1'1101,ntora; Pursuant to Land Development Code (LDC) Section 10.02.02.1", you have asked the Zoning and band Development Review Director to render an official itaterpretatiora for two (2} separate requests pertaining to various provisions of the Manaa'k. Protertioti Plrui and the applicable provisions of the LDC as noted about In your request, you indicate that the SuIII-Pw Cay it Condominium AssociFstion has submitted applications to the Florida Departtncnt of I?nvironmental Protection (Pile No. I 1-0220150-001) and the U.S. flrmy Cores of Engineers (bile No. SA.1-2003-9792) seeking pen -nits for the construction of, a reconfigured docd: facility of an cxkting 42 boat slip facility. Tlwse slips are currently parallel -parked along tl,ie eattilc length of' the sc:3 antd scmin'd with mooring whips. Under the proposed conliguration, "36 honk would be angle -parked ,flout; file seawall and secured with pilings oil 13-foot centers. The remaining 0 hoals will wil tin partllcl-parked as currently exist oat the west side seawall. YOU iilso indicate that the overall nurnher of boat slips remains at 42 slips in totsd and that the design of the existilig five I''Oot wooden boardwalk serving the boat slips will not change. I:.)stly, the, proposed reconfiguration of the -dips does not call for anv structures in or ahovc the water ollwl- thmui the relocated pilin,il-s and a proposed loadinY clock and ramp. For the purpose of this inter7n�etatiort. you have not luglwstc.d 't detenuination cnncera1ing the subject site's ranking under the marina siting criteria coutairacei in Section S.05.02.(' of the LDC and Section 3.2.4.1 of the MIT. In Request I, you asked whether or not Sections, 5.03.01i.E. II of the LDC and .Section 3.2J.4 and 4.6.3 Oj fhe Manatee: Protec-timi flan (4111P) permits the use al aloe Ppili; pilrn,�V.v to anRle- hai k boat slips as prohnsed liy the Seri (, Cay II Condomirricrna Asauciatiou, Inc. �9•'2I Phone (2)9) 252-2dOO ['a>; (139j 'S2-G908 O, O39) 2 )2-'?913 wwuv.eolhe a�uv.nc t 17E I, Mr. Christopher J. Thornton November 5, 2008 Page 2 of 4 Based upon my review of Section 5.03.06.E.I l of -the LDC, it is lily opinion that multi -slip docking facilities with ten (10) or more slips are permitted on the subject site but the docking facilities are required to be reviewed for consistency with the MPP that was adopted by the BCC and approved by the Department of Environmental Protection (Df�P). Although the L.,DC; doesn't define the term "mooring pilings", Section 5.03.06 of the LDC lists mooring pilings as an allowable use on waterfront property as well as individual or multiple private docks. In addition, pilings are deemed to be a component of a dock facility. A dock facility can include a walkway, pier, and pilings associated with the dock. Furthermore, Sections 3.2.3.4 (2) and 4.6.3 (2) of the MPP apply to the subject RMF-16 zoned property since the site is developed with multi -family dwelling units on a canal with a seawall. 'These provisions restrict shoreline development within the sea walled basin at Port -of -the -Islands as follows: Multi -family residential docl<s should be restricted by allowing only marginal wharves along the waterfront of multi -family areas with no finger piers or shaped docks allowed. In your application, you contend that because this provision of the MPP uses the permissive term "should" instead of the mandatory "shall", the language of the rule (given that it is not mandatory) should not be used to determine if the proposed dock facility configuration is consistent with the MPP. However, it is my opinion that these sections of the MPP were clearly intended to apply to the subject property since they indicate that the "shoreline development" restrictions are to apply "within the scawalled basin" and "within the manatee sanctuary" areas of Port -of -the -Islands. Therefore, the intent of the MPP is to exclude the finger piers, "T" docks, l)ilcs and floating docks but allowing only marginal wharves within the Sunrise Cay lI development. While the LDC and GMP, as well as Sections 3.2.3.4 and 4.6.3 of the MPP, don't define or provide development standards for a "marginal wharf', there is an industry accepted definition that has been historically applied to the subject site for consistency with the MPP. "ihis definition of a "mart;inai whorl„ is as follows: Marginal wharf: A wharf that is flush (parallel) with the general adjacent shoreline with boats (ships) docked end to end. It is a landing place where ships may tic tap and load or unload passengers and supplies. Based on this definition, it is my opinion that the proposed configuration frnr angled -parked boat slips along the marginal wharf and secured with pilings, on 13-loot centers, is not consistent with the intent of the MPP. 1t is also my opinion that the proposed marginal wharf can not include any linger piers or "T" shaped Mocks or loading ramps. In Request II, you asked whether or not the proposed loading dock rvith access ramp or a shore parallel, linear loading dock located immediately adjacent to the seawall or marginal wharf are consistent with .Sections 3.2..3.4 and 4.6.3 of the Manatee Protection Plan? ILI oil 1- ; r- Mr. Christopher J. 'Thornton November S, 2008 Page 3 of 4 In your request, you indicate that the proposed loacling dock and ramp is to only be used for temporary loading and unloading of people and supplies, and is necessary for the safety of the boaters whether the boats are parked parallel to the seawall and secured with mooring whips or parked at an angle and secured with pilings. In order to prevent boaters from having to leap from the boat to the seawall during high or low tides, the Sunrise Cay II Condominium Association seeks to construct a floating dock with an access ramp to improve the safety of the members of the Association when accessing their boats. Based upon my review of Seetioul 12.3.4 of the MIT, the nuniti-family residential clocks should be restricted by allowing only nlarginal_whu ves along the waterf ont of the multi fiamily areas with no finger piers or "1'" shape(] docks allowed. As dcpietcd on Fxhibit "P" of yoRu. application, your proposed design for the loading dock and ramp consists ofa 10 foot by 7 foot platform that protrudes into the canal and inelndos a 4 foot by 15 toot long r�urnp that connects to a 36 foot long "L," shaped floating dncl<. Since the proposed loading dock with access ramp is It permanent structure attached to piles, it is deemed to be a part ofa marginal wharf. The design of, tile structure in this case, in my opinion, is not consistent with definition ofa marginal whorl' since it protrudes out into the canal similar to the way a "T" or "U" shaped dock would protrude. Also, the proposed loading dock is not designed to be built parallel to the marginal wharf or the shore of navigable waters. In regards to the alternate design that you proposed in the addendum to your application, you inquired if a shore -parallel, linear loading dock located immediately adjacent (parallel) to the seawall would be consistent with the MIT provision as noted above. Rased orn my conclusions above, one could apply Sections 3.2.3.4 and 4.6.3 of the MIT to allow a shore -parallel, linear loading dock as long as it is located innlle.diately adjacent to the seawall. It is my opinion that this limitation is consistent with the intent of the marginal wharf and includes those loading dock structures built on flotation devices (pontoons) to keep them at the same level of the ship even during ehanging tides." It should be noted that the use of shore -parallel loading shall not allow more boats to be docked than is currently allowed. Any shore parallel loading dock is just for the ease of access to boats and carmot be used as extra mooring. Pursuant to Division 10.02.02,1 . of the fT)C, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -.specific interpretation, all property owners within 300 feet of the subject property will reecivc mail notice and a copy of this interpretation and appeal time frames will be placed in true Naplcs Daily_ Ncws, Within 30 days of receipt of this letter, or within 30 days of publication of the public notice,, airy affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be fflecl in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing tee. If payment is ill the; Form of a cheek, it should be made out to the Cullier County Board of Commissioners. An appeal can be hall(] delivered or mailed to my attention at the address 17E Mr. Christopher J. "Thornton November 5, 2008 Page 4 of 4 provided, Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Susan M. Istenes, AICP, Director Department of Zoning & band Development Review Cc: Col ier-County lioard of i'ounty COmmISSloners Collier County Planning Commission James V. Mudd, County Manager Joseph K. Sehmitt, Administrator, Comm, Development & f;nv. Srv. Div, Jeff Klatzkow, County Attorney Ray V. Bellows, Zoning Manager, Department of Zoning & Land Dev. Rev. JER COUNTY GOVERNMENT )evelOPIT)ent & Environmental Services Division 2800 1,,lorfll lloi,;eslioe Dtivo, Naples, 1-loi -ida 34104 131-138326-203 L7 lvll. (AII-istoplief'I'llorlitoll (lieffy, Passidomo, Wilson, & Johnson PA 821 Fifth Avenue South., Solte 201 Naples, 11,34102 ti -4 -Ar Fl 6 'k- % r-Q-4 1 1 1 111 f I I I I I I I I I I I I I I I I I 17E +el BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA IN THE MATTER OF: Official Interpretation of Sections 5.03.06.E.11 and 5.05.02.0 of the Collier County Land Development Code (LDC) to determine whether or not the use of mooring pilings to angle park boat slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock with access ramp is consistent with Sections 3.2.3.4 and 4.6.3 of the MPP. ADA-2008-AR- (APPEAL OF INTP-2008-AR-12749) AFFIDAVIT OF TODD T. TURRELL Before me, the undersigned authority, this day personally appeared Todd T. Turrell who, being duly sworn, deposes and states: 1. 1 am president of Turrell, Hall & Associates, Inc., offering consulting services in the fields of marine, environmental and coastal engineering. 2. My undergraduate degree is in Ocean Engineering from Florida Atlantic University, and I have a master's degree in business administration. I have obtained a Professional Engineering Certification from the State of Florida. I have over 20 years of experience in the marine and environmental consulting profession, and I have been involved in the design and permitting of more than 100 boat docking facilities and over 1,000 boat slips in Florida and the Bahamas. 3. 1 was personally involved in the adoption of the Manatee Protection Plan (MPP) by Collier County in 1994 and 1995 as part of the Marine Industries Association of Collier County, and addressed the Board of County Commissioners on issues pertaining to the language of the MPP when it was approved in concept on July 19, 1994. 4. 1 have reviewed the request for official interpretation (Request), INTP-2008- AR-12749, dated January `10, 2008 that was submitted to Collier County by Sunrise Cay II Condominium Association, Inc., and the response (Response) dated November 12, 2008 from Susan M. Istenes, AICP, Director of the Collier County Department of Zoning and Land Development Review (Director). 5. It is my professional opinion that the first part of the Director's Response determining that the MPP prohibits the use of mooring pilings to angle park boats at Sunrise Cay is incorrect, and that the MPP does allow the use of mooring pilings to angle park boats at Sunrise Cay. , Page 1 of 2 p _.... =,-- 0. It is my professional opinion that the "industry accepted definition" of a marginal wharf recited in the Response is incorrect. In the industry, while the use of the term `marginal wharf' does specify a type of dock structure that is generally parallel to shore, the term does not mean or imply that the boats parked along the marginal wharf will be parked parallel to the wharf. A marginal wharf remains a marginal wharf even when mooring pilings are used to angle park boats against it. There are many "marginal wharfs" in Florida, in the Caribbean and around the world that have vessels backed up to them, a term which is known as Mediterranean mooring. FURTHER, AFFIANT SAYETH NOT. Todd T ,Turreil STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this i D day of December, 2008, by Todd T. Turrell. He is personal) known to me or has produced as identification. Notary Public — State of Florida f omrn# 000453035 Expires 7/2W200= _ L ! U/✓i C] l �lJ (_— — 0ondedtluuiW0yA2A266= Print, Type or Stamp Name of Notary Florid v kolar� AMM 3...........................N.. 1,99.9 ..�...t Page 2 of 2 17E F, tv, BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA IN THE MATTER OF: Official Interpretation of Sections 5.03.06.E.11 and 5.05.02.0 of the Collier County Land Development Code (LDC) to determine whether or not the use of mooring pilings to angle park boat slips is allowed and is consistent with the Manatee Protection Plan (MPP), and whether the proposed loading dock with access ramp is consistent with Sections 3.2.3.4 and 4.6.3 of the MPP. ADA-2008-AR- (APPEAL OF INTP-2008-AR-12749) AFFIDAVIT OF JON C. STAIGER, Ph.D. Before me, the undersigned authority, this day personally appeared Jon C. Staiger, who, being duly sworn, deposes and states: 1. 1 am a marine biologist employed by Turrell, Hall & Associates, Inc. as a marine consultant. I have more than 45 years of ecological experience working in South Florida, the Gulf of Mexico and Caribbean Sea, and the Tropical Atlantic and Eastern Tropical Pacific. I was the Natural Resources Manager for the City of Naples from 1986 to 2005. In that position, I provided environmental policy guidance and advice to all City Departments as well as to the Mayor and City Council and to their appointed advisory boards. 2. My education includes an undergraduate degree in Pre -professional Studies from the University of Michigan, an M.A. in Biology from Boston University and a doctorate in Marine Biology from the University of Miami. From 1966 to 1979 1 served on the staff and faculty at the University of Miami, where I was responsible for coordinating and conducting field operations for biological oceanographic projects, carrying out research on the ecology of deep-sea fishes, and teaching. 3. 1 have reviewed the request for official interpretation (Request), INTP-2008- AR-12749, dated January 10, 2008 that was submitted to Collier County by Sunrise Cay 11 Condominium Association, Inc., and the response (Response) dated November 12, 2008 from Susan M. Istenes, AICP, Director of the Collier County Department of Zoning and Land Development Review (Director). 4. It is my professional opinion that requiring boats to be parked parallel to shore at Sunrise Cay instead of allowing them to angle -park through the use of mooring pilings provides no benefit to manatees because how vessels are moored has absolutely no bearing on the vulnerability of manatees to Page 1 of 2 collisions with vessels that are underway. The Sunrise Cay proposal does not increase the number of vessels moored in the Port of the Islands basin and adjacent waterways. Regulating the vessel's alignments with the shoreline makes no sense. FURTHER, AFFIANT SAYETH NOT. to Staiger _ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this IQ day of December, 2008, by Jon C. Staiger. Ile is persnallykno to me or has produced as identification. !!sleeeeeleceeeeeeseeeeeeleeeeeeleeeeie88B@! AMANDA W. HORTON Comm# DD0453035 = o`'VAY 1P ��"- � ? Expires 7/2=009 2_CP'{!(' i'•...,,ir:� 0vu (800)432-0254. e fJ 3............... `.ovary A.... Inc :.eeeeR Notary Public — State of Florida Print, Type or Stamp Name of Notary Page 2 of 2 ,NOTES: NOTE: <> THESE DR.A`NINGS ARE 7OR PERMITTING PURPOSES ONLY EXISTING: AND ARE NOT INTENDED FOR CONSTRUCTION USE. 42 SLIPS 16'-33' L.O.A. WATERWAY <> ALL DATUM SHOWN HEREON IS REFERENCED TO MI-W. <> APPLICANT OVvNS APPROX. 975 LF, OF SHORELINE. l _ — <> EXISTING OVERWATER STRUCTURE: 0 SO. FT. \ <>'dVIDTH OF WAER,%JAY: 149' (MHW TO MHVa) �--------------- -- ------------ \ <> TOTAL PROTRUSION FROM MHWL: 15 FT. ' <> TIDAL DATUMS: MLW=+0.3' NGVD, Iv1HVV=+2.6' NG`✓D. ` i 20.'_ I 30'- I <> SURVEY COURTESY OF COURT GREGORY SURVEYING, INC. ti \ 4 L 1.35' WIDE i 10 SEAWALL CAP y2C ;+ BOARDWALK SUNRISE CAY, I- ( ° - — — . — . — — . — . — . — . — — . — . — ^ -- �� SUNRISE CA 11 PILE DETAIL CONDOMINIUM ASSOCIATION --t 20' ^' 10, + SCALE 1 "=30' PORT OF THE. ISLANDS o ; (6.807 ACRES OF LAND MORE OR LESS',, (AS DESCRIBED IN O.R. BOOK 2245 PGS 1394-1416 uJ COLLIER COUNTY, FL.) p� 691 a� CONDO / I 601 D8 NIG 39' I CONDO� / / ] CONDO CONDO 21' 21 50, 12. �• � ^,�"`. � � ^• l ti� �� i ti .�'h .�, �� ,`1 �b �ci n0 �ti �. n•, �'h n�; n� / —EXISTING-RILES -- —-----------� — — — -- EXIST ING-RILES 20— PROPERTY LINE O.C. ALONG SEAWALL l•� 5' SUNRISE CA CANAL + a I 20' i 8'- 19 149 A if '37--------�_j I 137' 1 134'---f l 1-64'--1 t 6c I � �'+•i EVE61 INGSTAR CAY TUIrell &'. Associates, Inc- 'DESIGNED TT.T. REVISION DWG NAME EI Inq V1a71nc & lull\ Iron ]]cntal CO11SLI - F;Z' I `E3 C, I DSAS C6-05-02 SHEET 0 3584 L-xchange Avc. Suite 3- Napics, FL 34104-3732 DAAAWN ATE os-z]-0s CB-zt-03 sCnLE =1 oo ?Lone: (239) 643-0166 Fax: (239) 643-6632 �JOUNO. 0304 wA sm.awil 111--il ; ,la 1 1,e;1_as,ocia.c,.cGn, EXISTING CONDITIONS SECTION- TOVv'NSHIP- RANGt- NOTE: PROPOSED: <> 'ESE DRAVVINGS ARE =0R �IERviITTING PURPOSES ONLY H MOOR NC FILES WATERWAY AND ARE !OT INTENEED FOR CONSTRUCTION JSE. 42 JLIP` `6_3 j L.O.N. <> AL_ DATUM SHOWN HEREON IS REFERENCED'C MLV, <> APPLICANT O',dNS APFROX. 975 =. OF SHORELINE. o EXISTING OVERhIJA- R STRUC-'JRE 0 SQ. FT. � / A <> PROPOSED O'JER`�iATER STRUCTURE: APFROX 47C SG. FT_ / A<> T07AL OVER,VA-ER a RUCTURE: A.PPROX 470 SQ. FT. j ACCESS RAMP 4'x15' - .:,D'. H OF V, ATERIA2AY. 149' NHIN TO AL PRO RUST' l FROHW . 13 FT. ' VIDE VVOOD BOARDWALK r2 \ ' M, �1 � DAL Da Ur ML, c ' NG, o I.Cf-W-2 6' NGVD. S� -,'EY CC.,RTES - O� COURT GREGORY SURVEYING. !NC. A 8. . I : �Ia — — SUNRISE GA ti of CCNCRETE _C. �— — — — — — — — — — A GDOO\ — — — — — — — SUNR!SE CA !! — T r1PORAR 00RiNG — — v Li. ✓ ..i 1 !1 ASJ�i ['� V; 1 s — 3.4DING & OF LOA INC 0\ l' �ROP_RTY L NE roRT or THE IS, ANDS ' � • `� t � r�RES 0 L-.`C ti_ORE OR LE`=5; IF 9@9 / S �Eo PIBED IN O BOCK 224... w " iS 4 _ Lu Eiv�r7ETA-I o! uE� Cou�� L. SCALE"'=20 a 1 C 3B J J 3U i M a Lf 4 14 OI \ ` \^: 121' � � \. iJ > � I - - - - 3 c - _26SPAC u tOFMNIER2 I SPACES r,�_i3 CENTERS � 25 LINE PROPERTY! INF (?.5 j� EXISTING 6 SLIPS SUNRISE GAY CANAL 140' AiT & PILINGS (TO BE REMOVED) L = 15 20' 15- 134' C 091 c 50 1I 200mooli EVENINGSTAR CA SCALE IN 'tET j.� 1 z -TT. REVISIJN DV,G NAM I a.o5etl v C; c�. /� S `, C� L I �l C. b 111 C:. .i VJ tinc.S. 1-muonm n��I COt]JL tu.4 o,.nwu JSAb SHEET 1z 554 Exuliam� c 1 c Suitc 13 Naples,IL 341041 3 32 DATE io.-zTos a I -5 cn_e :oa Phnnc- �23 , 'u0 _c,,ii;rcli assoa Icy c'3 9) 6 3-6632 p _D5vo_ ON4 aras- e 66 col osE LAYOuT SECT.V V TOWNS h-II R- RANGE- ... ParSC15 ❑ Subdfaislons Aefldls ZON 15 ln:n Urbauj 5ulldin{1 Foo:prulffi ED Collier county Proper.? Appr�iser, a'vh'ie the Celtic, Cc -ay Pfepei", Appraiser �s committed to providing the most accurate and up -to -dale infonnaGonno warranties expressed or implied are provided `.'the data here:n, its nse. orlts :1te[pretabo^. VIA .i 4 f it :� f1•.!�'6 �y .rye i„�r. I � I � -i 's i is n��r .� �w .mow-.ri n: «•%r � �� ,:.��.�:�� pw 1 � � � I i t � :+►r�: iy. _ c .rir _ �` t i t I r�•� . i 9 <V @V _J 2-epely Apara sc, S4'hl .r_ COSPr Cumty ? Qperiy Appraiso, is committed to providing the most eccura.e and co= o-cate information, nc wa.anties expressec or im P, ed arc p-ovideo for the data hereinits useor its interpretation. E STIEUR MRRIS A REPLA! OF A PORTION OF TRACT C OF PORT OF THE ISLANDS (THE CA -IS) PHASE !I AS RECORDED IN PLAT BOOK 21 AT PAGES 1 THROUGF BEING A PORTION OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA 71 -- �fc 11 �i-1- 7' W MA �111 ZM111 In— t: ... In .. s _T I ll I l71 ll —1 l 1. —1- 7_ ............... PLAT BOOK a E. FAG-7 S H E E- 1 of 2 in SULLA MAAIS BOOK 2 ol PAGE, A REPLAT OF A PORTION OF TRACT C OF PORT OF SHOE? 2 of Z SHE THE ISLANDS (THE CAYS) PHASE II AS RECORDED IN PLAT BOOK 21 AT PAGES 1 THROUGH 4 BEING A PORTION OF SECTION B, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA 1/1 --------------- C 5 r \ 1 -- \ ---------------------- r__ • � \A upm [if. _ v[ _ 11 Y1__ W TRACT ,M-2 a / - c 4. s 72 _o ^\ L ---�I.�.__ 725i E1 22 � 4J t 6 2a 5 I L 1 \ y 25 3 5 L Ilk i -lr r. 2 63 ^ v�o' 2e 62 C A ,1' A L CURVE DATA j _ _� _ I a "-Rya' S9 I z - I, I ' Iy C A N A L 3N I % a i TRACT 36 52 vU s »s 4 41 I42; 45 �44 ira5 �o 4b � s ' KA U IN, 10N CANAL LINE DATA S'. %5 . .... ZZ w r aD;a THIS INSTRUMENT WAS PREPARED BY ' THOMAS J. GARRIS P.L.S #3741 �HOLE. MON ES h ASSOCIATES "� L - EN IN ERSG41 PLANNERS SURV OR` AVLE N' RS 60N A PkN — 99 .ecxx,T,. s,Fer. t 11 9 ML Al MAP LEGEND l � f � � �,�' 1 �a -' - - - ❑ uliirr comp 4 ie _3 , K 1. L) +�� :'•! J -7. � /C.��:. 9 _ - 4 { t, e•�- ll';tR31 Z ;4 `3"'.—•+4 r .�} -, �. r p ncrly i.ppraiser is „. mated'_ prov.d-ng the mcs: accurate and cp to date.fc m=cn. no c:arranlles expressed or'.mciied arc provided for the data-creln. its use. ur its i,rterpWal'-on. :Tc --- I IF' . . ....... . cs I- S F-DOD �N5U,-�ANCE —E — NF�W7CN -E-c— j -.—CE 11 —W— i—BER 12D067 -NEL 1:,,�JER �11. -.1 'Sill' c, 11, —'D3 ZOrvE �14 MAr LF 'LC S �i 7 I . ........ . .... . .. -i rn - - - - ------------ 7 A Et qL,DA ]AT-F- A- A 'F 6 2(ol C-,- 2� -L, FLOOD INSURANCE - MAP INFORMATION COMMUNITY NUMBER: 120057 PANEL NUMBER EWG PRDGRAk REGULAR EFFECTIVE DATE: NOV. 17- 205 FL= ZONE_ ALL -OR AS SHCIYM ON MAP,_ CCI,V..%1-1 -EVELIPV,!4- Z) "'IE D\ 52S rl, SEC C, M IJ j Ll 3 E P Ado LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 07-42, adopted April 4, 2007. (Supplement No. 4) CHAPTER 1 GENERAL PROVISIONS 1.08.00 DEFINITIONS 1.08.02 Definitions 17E Dock: Any structure constructed in or over a waterway for the primary purpose of mooring a boat or other watercraft. Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock. 17E LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 07-42, adopted April 4, 2007. (Supplement No. 4) CHAPTER 5 SUPPLEMENTAL STANDARDS 5.03.00 ACCESSORY USES AND STRUCTURES 5.03.06 Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permittedprincipal use ; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. Boathouses anddock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. a r j XN. i.,UP Page 1 of 'f° � � ��-� 17E 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities.The following criteria apply to dock facilities and boathouses , with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, noboathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with waterfrontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses , on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, exceptboathouses , on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 9. Riparian lines for all other lotsshall be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines , or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi -family developments, the house number requirement is waived. '11. Multi-slipdocking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. Page2of5 F. Standards forboathouses . Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 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. 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. 4. Maximum number ofboathouses or covered structures per site: One. 5. Allboathouses and covered structures shall be completely open on all 4 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. Asingle-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouseor covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid -range shades of blue or green. g. No boatlift canopiesshall be permitted at sites that contain either a boathouse or a covered structure. 2. Lotswith frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facilityextension. Additional protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06 E. of this Code may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. 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 2 slips; typical multi -family use should be 1 Page 3 of 5 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate). b. 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). c. 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). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. 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). 2. Secondary criteria: a. 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 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or 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). c. 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). d. Whether 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 a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). g. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. I. Procedures for approval of docks, dock facilities,and boathouses. 1. Procedures for the issuance of permits for docks, dock facilities, andboathouses are provided in Chapter 10 of this LDC. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of section 5.03.06 of this LDC, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site Page 4 of 5 17E development plan review, based on an evaluation of the criteria in subsection 5.03.06(G) of this LDC. J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks,dock facilities, or boathouses shall be protected through the following standards: 1. Where newdocking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from 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 to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off theshore 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. 3. Where a continuous bed of seagrasses exists off theshore 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 be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC) Page 5 of 5 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 07-42, adopted April 4, 2007. (Supplement No. 4) CHAPTER 5 SUPPLEMENTAL STANDARDS 5.05.00 SUPPL-EMENTAL STANDARDS FOR SPECIFIC USES 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi -slip docking facilities with ten slips or more, and all inarina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the 1)1sP. ]I' the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. lducatior► and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance ofwater quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine [lie maximum wet slip densities in order to improve existing Manatee protection. "]'he marina site rating system gives a ranking based on three (3) criteria: water depth, native Marine habitat, and manatee abundance. In evaluating a parcel for a potential boat lacility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on --water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (M1,W), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site �Nhc-re: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact: to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. "I"', -- y•R Page 1 01'3 A�_�1 IMF 5. Table of Siting Criteria TABLE INSET: Water Depth Native Marine habitat Manatee Use (Measured at MLW) 4 ft. or more Less than 4 No Impact 1 Impact Not High High it. Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sca grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi -family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet oi'shoreline, Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat: ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi -family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed, Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi -family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of' new dry storage facilities is prohibited. Expansion oi' existing boat ramp or construction of new boat ramps is prohibited. Page 2 of 3 �- k4m I?. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria iu the three (3) way test (see 'fable 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DUP approval. additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Fxisting facilities and facilities which had state or federal permits prior to adoption of the Mill' shall be exempt Ifom these provisions, but will be subject to all other requirements of this Code. (Ord. No. 05-27, § 3.FF) Page 3 of 3 17E 03/10/2005 08:52 2394032343 CODE ENFORCEMENT PAGE 03 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PlyHMT 2001060624 PERMIT TYPE! BCOT I55UV�LxD ti: 624 FSA: 06-OR-01 APPLIED DATE: 06-08-01 MPROVAL DATE` 06�Ot3 01 t3ASTEA if: COn. N_ N/A _ JOB ADDRESS; 33 ; 10 FORT DR JOB PE5 RIPTICN: RE-APP ^l%,[✓ t#1.999061425 PTLTNG ONLY JOB PTYIIE: (9q]i34c-98(,a SUBDIVJST,R\ Ii: 2099 - Sunrise Cav II A Condomin v)m PL,OCK: FLOOD MAP: 0850 ZONE: AE-1 ELEVATION: 005 LOT: .GOB L10 !t: 0000075530000000 S??CTTOtz_TOW\9Hi?-RA4GE 9 52 28 OP rink I rORMATION 1 SUNRISE CAYCAY A CONDOMIkIJU l FCC CODE- '101 - RE-APP COMMERCIAT. CONSTRW:TJON COPF': J. / OTHZR JOP YAWL 1,200.Of) TG^AT.- SOFT: CONTF-WTOR tNFOPMATIO : KALVIN h SONS l•1.tiRINE CGNST.. LLC 1147 RAINBOW M, NY,PLTS, F: 341Cf- C rtiTiF1C'ATE b: 1')597 PHONE: (7.39)?? .-174E SLTBACRS 6ROhPP; REAR: LFFT: R.TON ': SEWER: s�?TIC WATER; � CQNTACT NAK- , J'Tt4 KALVIN & SONS MARINF' w r_� CONTACT PHONE: (9 W 348-9e6e Per Cagier County Ordinance No. 2002.01, w 11 may be amended, all Work must comply with all applicable laws, oodes, ordbtanoe& and any additional adpuiatlons or condltioru of this permit This permit eXPIres if wrrk authnriaod by the permit 6 net commenced within six (6) moMbs 8[om the date of isstmccof the permit. Additional fees for failing to obtain permits prior to the crmmenooment of0onstruction may be imposed Nnnittee(F) furtlter understands that any contractor that may be employed mud be a licensed contractor and that the Irticture must not be usod or occupied untfl n certificate of Occupancy iy issued. NOTICE': PRIOR TO TH1L REMOVAL OF ASi3ESTOS PRODUCTS OR THE DE MOUTION OF A SFRUC` TRE, F1:DERAL AND STATE LAWS REQUIRE THE FERN UTTER (11 t' HXR THE OWNER OR CONTRACTOR) TO SLIBNUT A NOUCE OF ME INUNDED WORD TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DI P), FOR MORE IN1101MA170N, CONTACT DEP AT (239) 337,6973. 10 addition to the coaditioes of this permit, there may be additionAl restdctiona applicable to this Property that may he found in ,be public records of tills county, and there may he additional pertnib required from other governmental entitiea such as water nanaeement districts, state agenei", or federal ageneics, WARNING TO OWNER: YOUR FAELURE TO RECORD A .NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT Nil YOUR LENDER OR AN A I"I'OFtNEY BEFORE RECORDING YOUR NOTICE OF CONMENC.EMENT, I7f MAPLEGEND MIN&Alt street Nantes [A vs,c,:s AnHals 200I j67ich Urban) Aoilala 20137 12FEET] sutwl'i YOolprinlq 4 Oil Folio Number 01067081401 Name RFFERENCF ONLY Street# & Nani NO SITE ADDRESS Legal Description, 9 52 28 THAT PORTION OF SEC 9 NIK/A SUNRISE CAY LICONDO PH 5 AS DESC IN OR �fkA 2245 G 1343, PH 4 AS DESC IN OR 2366 PG 814 fl la4':i fL 2004 Collier County Property Appraise, While the Collier County Property Appraiser Is u,rn,nitted to pr.,,d,,,g the most accurate in,i up-to-date information, no warraWres expressed or implied are provided for thu data herein, ,Is use or its rte,p,,W-, Permit Tracking and Inspection Scheduling COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT Back PERMIT NBR: 19991 1 2264 JOB DESC: RES. DOCK & LIFT STATUS: COED JOB LOCATION: 333 STELLA MARIS DR S FOLIO NUMBER: 0000074890001164 SUBDIVISION: 1699 / Stella Maris BLOCK: LOT: 44 MASTER NBR: 1999112264 TRS: UNIT: TRACT: NONE TAZ: 283 COA: FLOOD ZONE: AE-7 OWNER NAME: BOND, GEORGE H=& HELGA JOB PHONE: CERT NBR: 17597 DBA: JIM KALVIN & SONS MARINE CONSTRUCTION, INC JOB VALUE: $10,000.00 CONTACT NAME: JIM KALVIN CONTACT PHONE: (941)348-9868 SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL: 20' WIDTH OUT IN WATERWAY Important Dates: APPLY APPROVE =I-SSUEDCO EXPIRE CANCEL EXT- EXPIRE 11/30/1999 11/30/1999 11/30/1999 02/26/2001 05/28/2000 Additional Info. SubContractors: CERT NBR STATUS DATET :]F�j�FT�FSUB CLASS IDBA [Su bPemiits IPERNBRMIT STATUS PE FCE_RT_ NBR DBA I JOB DESC JIM KALVIN & SONS 1999112264 COED DOCK 17597 MARINE RES. DOCK & LIFT CONSTRUCTION, INC. 08BPNP POSTED BLDG PERMITS - NAPLES N $73.00 11/30/1999 08MFSG POSTED MICROFILM SURCHARGE N $3.00 11/3011999 Inspection History. jj �j REQ CLASS DESCRIPTION/REMARKS IPRII DATQE CODE DATE INSPECTOR NOTICE OF COMMENCEMENT 099 OR 2625 PG 0223/DMD FINAL BUILDING L-LECTRICAL 115 INSPECTION REQUIRFD BEFORE CO/DMD 122 SS 10 DAY SPOT SURVEY Print a copy of this page. 0 12/29/1999 90 12129/1999 HARRISON G 0 12/29/1999 90 12/29/1999 HARRISON G 0 10104/2000 90 10/04/2000 HASSO_J Contact the webmaster for technical questions about our web site. Copyright © 2000 - 2004 Collier County Government. All Rights Reserved. Usage is licensed under the terms of the GNU Public, License. Any other usage is strictly prohibited. MAP LEGEND Street names Parcels 5ubdlvlslons Aerlals ZM lfi inch Urban] Building Foolpilnt5 Collier County (02004. Collier County ?rope-y Appraiser. Vth.le the Collier County Property Appraisers committed to prording the most accurate and up-to-date Inforrnationno warranties expressed or mphed are provided for the data herein, its useor its interpretation. u:itrs .sar i Permit Tracking and Inspection Scheduling. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT Back PERMIT NBR: 20021 219 4 7 JOB DESC: 83 SO/FT DOCK & LIFT/WITH ELEC STATUS: COED JOB LOCATION: 325 STELLA MARIS DR S FOLIO NUMBER: 0000074890001122 SUBDIVISION: 1690 / Stella Maris BLOCK: LOT: 42 MASTER NBR: 2002121947 TRS: UNIT: TRACT: NONF TAZ: 283 COA: FLOOD ZONE: AE-7 OWNER NAME: SCHWEIN, PAUL D=& ANA M JOB PHONE: (239)642-9792 CERT NBR: DBA: JOB VALUE: $7.000.00 CONTACT NAME: PAUL CONTACT PHONE: (239)642-9792 SETBACKS: FRONT: REAR: 20.00 LEFT: 0.00 RIGHT: 0 00 SPECIAL: NO SIDE ST BK REQUIRED PER ZONING Important Dates: APPLY APPROVE ISSUED —� CO EXPIRE CANCEL EXT-EXPIRE 12/30/2002 12/31/2002 12/31/2002 06/25/2003 06/29/2003 Additional Info: —NOTE TO INSP. PLEASE VFRIFY IF 502 IS REO'D /KC— SubContractors:SUB _ 1 CERT NBR STATUS START DATE END DAT� STATUS SUB CLASS DBA 999999 ACTIVE 12/30/2002 ACTIVE EL OWNFR/BUILDER SubPermits- PERMIT NBR STATUS TYPE CERT_NBR DBA JOB DESC 2002121947 COED DOCK 83 SQ/FT DOCK & LIFT/WITH ELEC FEE SCHEDULE: FEE CODE STATUS (DESCRIPTION — J WAIVE AMOUNT DUE ENTER DATE —] 08BPNP POSTED BLDG PERMITS - NAPLES N $115.00 12/31/2002 08MFSG POSTED MICROFILM SURCHARGE N $3.00 12/31/2002 )ection History: L-1 CLASS DESCRIPTION/REMARKS PRI REQ DATE ::][ RES CODE RES DAT]INSPECTOR NOTICE OF 099 S r COMMENCEMENT 12/31/02 OR 3181 PG 3007 /ND FINAL BUILDING no electric permit. 6123/03: There is an electrical per The electric is part of the original permit issued. This i an owner building. There was a 0 1213112002 90 12/31/2002 DAY.--N I 14,.1 h, "1� 2 0) 0-0, 507 in error on the permit card. There should have been a 5021506 on the permit card. 115 ST The reject code was changed 0 06/16/2003 to an 80 by 38 based on the fact that the only statement for the reject was no electric permit. jvh 122 SS 10 DAY SPOT SURVEY 0 06/13/2003 SET BACKS OK/JHS 506 EL UNDERGROUND WIRING 0 06/20/2003 FINAL BUILDING 6/23/03: Prev 115 failure with an 81 because there was no electrical permit is not correct. This is an owner building and 115 ST the electrical was included on 0 06/23/2003 the permit when it was issued. The 507 was entered by mistake. There should have been a 502 and 506 on the permit card. The failure fee has been removed. jvh 502 EL FINAL ELECTRICAL 0 06/24/2003 17t 80 06/23/2003 rose 91 06/13/2003 SEABASTY__J 90 06/20/2003 luedtke 90 06/23/2003 ROSEJAMES 90 06/24/2003 luedtke v_ MAP LEGEND SuLc t Names r� Parceis 9 Subd—slons :r_nal5 zc" t intli Uru_u; . �� r'1er13152U+}i 'Z htti' 'y ` 6t111d I0g PUUIy�iPL - � C�Il�vi Cuuil ty F0l io Number: 748900014.22 " ? Name: SCHWEIN PAUL O=& ANA M Streetk & Name: 325 STELLA MARIS DRS �. Legal Description: STELLA MARIS l p LOT 42 T f d # O <<u04. Co2sr Cccnt, -Opery Apprise=. i.hile ,he Coll.er Coanty P*opeEy 4—praiser s , mm;tted to provid;ng the most acaLrate and up io date ,^'crr. a5on_ no r:a, dntics expressed or rsp-ied are provided fo; the data ^erein, its use, or its interpretation. 6� � p Permit Tracking and Inspection Scheduling COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT Back PERMIT NBR: 1999031541 JOB DESC: 5X30 DOCK / NO ELECTRIC STATUS: COED JOB LOCATION: 294 STELLA MARIS DR S FOLIO NUMBER: 0000074890001407 SUBDIVISION: 1699 / Stella Maris BLOCK: LOT: 56 MASTER NBR: 1999031541 TRS: UNIT: TRACT: NONE TAZ: 2B3 COA: FLOOD ZONE: AE-7 OWNER NAME: BLOCKER, JAMES W=& PAULINE F JOB PHONE: (941)348-9868 CERT NBR: 17597 DBA: JIM KALVIN & SONS MARINE CONSTRUCTION, INC. JOB VALUE: $3,000.00 CONTACT NAME: JIM CONTACT PHONE: (941)348-9868 SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL: 5' OUT NO SIDE SETBACKS Important Dates: APPLY—�rAPPROVE ISSUED — 1 CO EXPIRE _:] CANCEL 03/19/1999 03/19/1999 03/19/1999 07/21/2000 09/15/1999 Additional Info: Subcontractors: CERT NBR STATULIBS START DATE I END DATE I STATUS SUB CLASS DBA ISubPermits: _ PERMIT NBR STATUS TYPE 1999031541 COED DOCK CERT NBR JDBA 17597 JIM KALVIN & SONS MARINE CONSTRUCTION, INC. 77E "q EXPIRE JOB DESC 5X30 DOCK / NO ELECTRIC FEE SCHEDULE: ___ FEE CODE STATUS [DESCRIPTION WAIVE AMOUNT DUE ENTER DATE 08BPNP POSTED BLDG PERMITS - NAPLES 08MFSG POSTED MICROFILM SURCHARGE E I CLASS (DESCRIPTION/REMARKS LfRI j REQ DATE NOTICE OF 099 COMMENCEMENT 0 03/30/1999 2528-0609 '115 ST FINAL BUILDING 0 03/30/1999 122 SS 10 DAY SPOT SURVEY 0 07/21/2000 N $3b.00 03/19/1999 N$2.00 03/19/1999 RES CODE jjRES DATE _] INSPECTOR 90 03/30/1999 HARRISON_G 90 03/30/1999 HARRISON_G 90 07/21 /2000 HASSO_J '—' I'arcets S��IdinJ f Jutprilt L' O:;, 1_-r Cvu;.'., E; 2004, C2 ier Coen.? ?,Operty Ap2raisor. Ifmile the Colter County Pruperly Appraise^ is =mit cd to providing the most accurate and up-to-date infonnatior., no warrant -us expressed or impliec a,e prov.ded for the data herein, Its use, crlts interpretation. Permit Tracking and Inspection Scheduling 17E COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT Back ^ G PERMIT NBR: 2003O32406 JOB DESC: ADDING BOAT LIFT STATUS: INSPECT JOB LOCATION: 297 STELLA MARIS DR S FOLIO NUMBER: 0000074890000987 SUBDIVISION: 1699 / Stella Maris BLOCK: LOT: 35 MASTER NBR: TRS: UNIT: TRACT: NONE TAZ: 283 COA: FLOOD ZONE: AF-7 OWNER NAME: KORTH, CARL M=& DONNA K JOB PHONE: (239)825-3649 CERT NBR: 17597 DBA: JIM KALVIN & SONS MARINE CONSTRUCTION JOB VALUE: $4,000.00 CONTACT NAME: JAMES CONTACT PHONE: (239)825-3649 SETBACKS: FRONT: REAR: 20.00 LEFT: 0-00 RIGHT: 0.00 SPECIAL: RRSB-20' MAX PROTRUSION INTO WATERWAY Important Dates: _ APPLY - [APPROVE :::] ISSUED jC0 JJEXPIRE --JCANCEL —� EXT-EXPIRE 03/21/2003 03/27/2003 03/28/2003 09/24/2003 Additional Info: SubContra ctors : CERT NBR STATUS START DATE END DATE STATUS SUB CLASS FA `— SubPermits: PERMIT NBR STATUS TYPE CERT_NBR DBA JOB DESC HE SCHEDULE: EE ODE S�TUS [DESCRIPTION =[�A�IVE -AMOUNT DUE I ENTER DATE - 08BPNP POSTED BLDG PERMITS - NAPLES N $bU.UU usizrrzuUs 08MFSG POSTED MICROFILM SURCHARGE N $3.00 03/27/2003 (Inspection History: _ REQ CLASS DESCRIPTION/REMARKS � PRI REQ DATE _ RES CODE [RES DATJINSPECTOR — NOTICE OF 099 ST COMMENCEMENT 0 03/28/2003 90 03/28/2.003 CRESPOKATHY BK 3246 PG 0260 /KC 115 ST FINAL BUILDING 0 122 SS 10 DAY SPOT SURVEY 0 507 EL REQ. ELECT 1LV. CONTR. 0 Sub U"I31oo� ;"r!als:!� [G-ch uru3:1 0 2304_ i:!er Coun,y Prooe y Appraiser. Ville the Coot: Cowry Properly A.ppra-scr is conundted to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretat on, Permit Tracking and Inspection Scheduling COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT Back G ��'++ �+ -7 PERMIT NBR: 2OO6UU364 ! JOB DESC: RFPt_ DOCK NO ELEC. STATUS: COED JOB LOCATION: 314 STELLA MARIS DR S FOLIO NUMBER: 0000074890001300 SUBDIVISION: 1699 / Stella Maris BLOCK: LOT: 51 MASTER NBR: 2006063647 TRS: UNIT: TRACT: NONE TAZ: 283 COA: FLOOD ZONE: AE-7 OWNER NAME: CROWDER, LAWRENCE D JOB PHONE: CERT NBR: 27449 DBA: SOUTFIERN EXPOSURE, LLC JOB VALUE: $9,725.00 CONTACT NAME: SCOTT CONTACT PHONE: (239)793-0168 SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL: 17E Important Dates: ---- --_---_-----_ ___-- _-- _. APPLY APPROVE ISSUED 11CO 1EXPIRE :]CANCEL TEXT -EXPIRE 06/23/2006 09/21/2006 09/25/2006 12/15/2006 03/24/2007 Additional Info: Subcontractors: _ CERT NBR SUB STATUS START DATE ��ND DATE STATUS SUB CLASS DBA SubPermits: PERMIT NBR = STATUS TYPE CERT_NBR DBA _ _ ::::] JOB DESC 2006063647 COED DOCK 27449 SOUTHERN EXPOSURE, LI C RFPL. DOCK NO FLFC SCHEDULE: _ CODE STATUS DESCRIPTION � AA VE —_ AMOUNT DUE ENTER DATE 08BA13M POSTED BLDG. PERMIT ADDIT. APP FEE N $50.00 06/23/2006 11PLNRV POSTED ZONING PLAN REVIEW -PLANNING N $1.5.00 06/23/2006 08APPF POSTED FIRE PLAN REVIEW APP FEE N $100.00 06/23/2006 08BPNP POSTED BLDG PERMITS - NAP[ ES N $78.00 09/21/2006 08FPRF POSTED I -IRE PLAN REVIEW FEE N $100.00 09/21/2006 08MFSG POSTED MICROFILM SURCHARGE N $3.00 09/21/2006 08BACR POSTED BLDG PERMIT APP. FEE CREDIT N ($50.00) 08APPF POSTED FIRE PLAN REVIEW APP FEE N ($100.00) 09/2l/2006 Inspection History: REQ CLASS DESCRIPTION/REMARKS I PRI (REQ DATE RES CODE RES DATE — INSPECTOR --I 099 ST NOTICE OF COMMENCEMENT 0 09/25/2006 90 09/25/2006 POLLYWILSON NOC OR: 4076 PG : 1472 / PW 115 ST FINAL BUILDING 0 11/09/2006 80 11/09/2006 hess no details or print on replacement 115 SF FINAL BUILDING 12/14/2006 90 12/14/2006 vertotti TaC NOW 'IV S L M, AP LEGEND 61rttt Names ar �tls .aellsls =v0@ jo c�ct5 L`rUasiJ A_liuls _aa; (t F�tTJ v' crurl:llii� r:-o ip rl�ils �I I—i CL.li�r Cuui,i,, Folio Number 74890001300 Name: CROWDER, LAWRENCE D Street# & Name: 314 STELLA MARIS OR S Legal Description: STELLA MARS LOT 51 AGOG Ccl.iC-Courty P,cpertj A p-2Ise- "✓chile Lhe Co: -cc County Property Appraiser is committed to provld;ng the most accurate and ap-totlate acrmationno warrantres oxpressed or �rnphcd are prerded to -!no data herein.. its use or its In. lerpreta8cn. 3.0 MANATEE PROTECTION PLAN 3.1 Boating Considerations 3.1.1 Site Specific Recommendations The following recommendations arc based on the FDFP Manatee Mortality Data, the 1993 Collier County Boating Study and Facility Inventory, and the FDEP Office of Protected Species Management. These recommendations are intended for manatee protection, however, boating safety and marine habitat protection will also be achieved. Recommendations include designated speed zones, and additional_ channel markers. Manatee mortalities in Florida have steadily increased over the last 15 years, to a high of 206 in 1990. Collier County has displayed a similar trend in manatee deaths with a high of 20 deaths in 1992. This alone should be enough rationale for limiting speeds in inland waterways, as well as establishing manatee sanctuary zones in areas of: frequent manatee occurrence. However, another important reason for Limiting boat speeds in crowded inland waterways is Florida's boating fatality rate. In 1993, there were 1,01.7 boating accidents in the State, resulting in 63 human deaths (this number is down from 80 fatalities in 1992), in Collier County there were 24 accidents involving one fatality (FMP). Speed Zones and Limits in Collier County will be enacted by State Rule, and adopted by Resolution. Speed zones and limits will comply with those defined in the Florida Manatee Sanctuary Act (Chapter 1614-22, F.A.C.). 1. "Idle speed" means the minimum speed that will maintain the steerage of a motorboat. 2. "Slow speed" means no speed greater than that which is reasonable and prudent to avoid either intentionally or negligently annoying, molesting, harassing, disturbing, colliding with, injuring or harming manatees and which comports with the duty of alL persons to use due care under the circumstances. A vessel that is: (1) operating on a plane is not proceeding at slow speed; (2) operating at a speed that creates no wake or minimum wake is proceeding at slow speed; (3) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed; (4) completely off plane and whLch has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed. -52- ICE 3.1.1.1 Wigggins Pass Little Hickory Bay to Wiggins Pass All waters of Little Hickory Bay comneencinq at_ the Lee County Ii_ne and proceeding south to a line located at 261 19.40, will be regulated at Slow Speed, except those arPa., that are seawalled or the Boat Basin areas within the Lely Barefoot Beach Sub -division which wi.tl. be Tdlc- Speed. Boat speeds w ll then be regulated to a maximum of 20 MPH in the waters south of 261 19.40' to the area known as Wi.ggiris Bay located at 16° 18.00' where Slow Speed will to Wiggins Pans (See Figure 3-1) Also because of the increased numbers of boaters :in the area the channel should be marked from Little LIickory Bay to Wiggin;', PISS. The waterway connecting Little Hickory Bay to the pass is shallow, narrow, and winds through dense mangrrnYes, oyster bars and sea grass beds. A marked channel will reduce the possibility of boaters damagiriq the fragile habitat or becoming lost. Wiggins Pass to the Cocohatchee River Slow Speed will commence at the mouth of Wiggins Pass and proceed east to the area known as the "Choke Point" located at 811 49.55' where idle Speed will be regulated to the point. where the river turns north at the Wiggins Bay Club Boat Basin. Slow Speed will then be regulated to the point where the river rarrows ,At. 261 17.30' where boat speed will- be regulated to a maximum of 20MPH (See Figure 3-1). Wiggins Pass to Vanderbilt Lagoon Commencing at Marker 1. in the area known as t}ie "Chute", Slow Spec,d will be regulated to the south end of Water Turkey Bay where Tdle Speed will, be enforced to smith end of. Variderbil.t. Lagoon (See Figure 3-1) . 3.1.1.2 The Clam Bays This shallow bay system cont.a:ina of LA -le best, sea grass bed„ in the northern part of the County. Tn order to protect the sea grass beds which is manatee habitat the entire Clam Bay System should be posted as an Tdle Speed lone (See Figure 3-2). -53- 17F SPEED ZONE LEG;END P E C D r ME a MARKED CHANNEL 30 n p h F-1--o'SLOW SPEED 0L.T51DE CHANNEL — SLOW SPEED 07HER AREAS VARKED CHANt-4EL 30 mph GUTSID!--- THE CHANNELS 2T rT)ph "71 L E Q�a T) aEACH I U Tru OA 0- C3 41 U IV sj,*Lrc.ryT - �L4 bg� p "C'COHATCHEE R IV E R L OF Vit-ly 91T CR 846 US 41 Figure 1-1 Ifiggins Pa33 A,-C,', S P El F. 1) Z () 10 E. t. E G El NJ D V75 IDLE SPEED t,,�ARKEC- A;N N L L 301 i-liph ETISLOW SPEED OUTSIDE CINFRIEL -- SLOW SPEED OTHER AREAS MARKA, CHArRaEL. 30 rriph; OUTSIDE THE_C,;HANNELS 2C roph .0 W-4 s s ILA C IT 0 R "S Qdi ptms I r JE_. IDLE F 0 A D riquKa 3-2 CAM PALM Wd Dootws va" GOLDEN GATE P 4 Q K'qV AY i7E 3.1.1.3 Doctors Pass All the waters of Moorings Bay and Venetian Bay will be regulated at Idle Speed (See Figure 3-2). 3.1.1.4 Gordon Pass Naples Bay The current Speed Zone regulated in Naples Bay will. remain in effect (See Figure 3-3). These speeds are a mix of Idle, Slow and 30 MPH zones. These zones are in affect on weekends and other specified times. Idle Speed is always enforced from Marker 6 to Marker 1.0, from Marker 36 to U.S. 41 Bridge, and in all residential canal and boat basins. Slow Speed is enforced on weekends and holidays from Marker 36 to Marker 2.7 and from Marker 21 to Marker 10. Haldeman Creek The entire length of Haldeman Creek will be regulated as Slow Speed (See Figure 3-3). All canals and man-made waterways will be. Idle Speed. Gordon River and Rock Creek From the U.S. 41 Bridge to the water control structure will be regulated at Slow Speed. Rock Creek will be regulated as Slow Speed (See Figure 3-3). All canals and man-made waterways will be idle Speed. 3.1.1.5 Inland Water_way- The Inland Waterway is an approximately Len mile channel. that runs from Naples Bay south to Capri Pass. This waterway varies in depth from between -3 feet to -14 feet at MLLW. The channel for the most part is surrounded by mangroves and shallow bays containinq_ numerous oyster bars and sea grass beds. The Inland Waterway is one of the most heavily traveled areas in the County. Many boaters routinely use this channel to travel between Naples and Marco Island. When the Gulf is rough, virtually all boating traffic is confined to this waterway. This channel also provides the only access to Rookery Bay and Johnson Bay areas that are heavily utilized by manatees. -56- F F '1'F 0 T11-i'll—i. R A P A MARKII—D C"LIANIAll—L 30,," L D E N -�ATE lis 41 L"c N LIZ,— VIA JL -7 R 1) 0 t, PA _j - - - ------- -- 17F The Inland Waterway from Marker 73 south to marker 52 including Dollar Bay will be regulated at 30 MPH in the channel. and Slow speed outside the marked channel. The channel, between markers .52 a,,d 47 (See Figure 3-4) i.s the narrowest and among the most shallow areas of the Inland Waterway. This area often referred to as "The Narrows" presents a hazard to boaters, especially in meeting and overtaking maneuvers when more than two vessels are involved. Also, two manatee deaths attributed to boat collisions have been recorded here since 1989. For these reasons, this section of the channel should be designated a Slow Speed Zone. From Marker 27A near the North end of Cannon Tsland to Marker 3 will be regulated at 30 MPH in the channel and Slow Speed outside the marked channel.. The waterway forks at the north end of: Little Marco Island. The unmarked western channel between Little Marco and Keewaydin Islands is relatively deep (7 - 1.2 ft. MI,L,W) and is very popular with boaters and water skiers. The marked channel that bears to the southeast is much narrower and shallower, it then taker a sharp turn to the east. Boaters heading SE are looking directly into hurricane Pass which is another popular water recreation area, however, there is a shoal area containing oyster hart, and seagrass beds. Boaters who are unfamiliar with this area or fail to make the turn often go aground. The prop scars are very evident in this area. 'Vo help alleviate this problem additional_ channel markers should be placed_ between markers 29 to 27. These additional markers will make the channel. more apparent. Continuing south the channel enters Johnson Bay. The channel itself is relatively deep, but outside the channel the waters are generally less than 3 feet. The channel through this area i_s marked with alternating day markers. This confuses many boaters. Other boaters want to "cut the corner" and as a result go aground or prop -dredge their way through the sea grass heds . The sc agra;:;;:, hect;, in th i r, area are known to be frequented by manatees. This portion of the channel from marker 16 to 14 should be delineated with additional markers. The south end of Johnson Island consists of a shoal, containing seagrass beds and is another area where prop -dredging and groundings occur. This is also the intersection of Capri Pass and the Inland Waterway. Manatees traverse this area when moving from the Marco River. to Johnsons Bay. This area should he designated as Slow Speed (See Figure 3-4). Additional markers should also be placed in order to better delineate the channel and guide boaters around this shoal. S600 S F, 1: E- D L 1: G E =WLE SPEED To! roplit L :SLO'Oo' 'SPEED OUTSMF C'HAWACL SI:OW SPEED OTHER ARFAS MARKED GHM-VIEL 30- OUTSIDE W-AT Figure 3-4 Tnla:il WaL�rijay 1>F Rookery Bay Rookery Bay will remain regulated at a maximum speed of 20 MPH (See Figure 3-4). Henderson Creek and Hall Bay will be regulated at Slow Speed. The basin adjacent to Enchanting Shores Trailer Park off. Henderson Creek will be regulated as a No Entry Zone. Johnson Bay Johnson Bay will be regulated as Slow Speed except in the marked navigational channel which will be 30 MPH (See Figure 3-4). Little Marco/Hurricane Pass The existing 35 MPH zones will, be repealed. There will be no speed limit in this area, except the marked inland Waterway channel which will remain 30 MPH (See Figure 3-4). 3.1.1.6 Marco River Big Marco/Capri Pass Capri Pass will be regulated at Slow Speed from Marker 1 to the Tsles of Capri (See Figure 3-5). The present Tdle Speed zone in Big Marco Pass will be maintained. Big Marco River Idle Speed will be regulated in the Big Marco River to Marker 15. The remainder of the Big Marco River will be regulated at 30 MPH in the channel and Slow Speed in all other waters including Tarpon Bay, Bear Point Cove, Three Tsland Cove, Addison Bay, the Muddies and Sanctuary Sound. The channel under the Judge Jolly Bridge is very narrow and heavily traveled. Many boaters utilizing the 951 boat- ramp approaching the channel are blind to boating traffic to the west. Manatees are frequently sighted in this area, and several deaths have been recorded here. For these reasons the area from Flotilla Passage extending out to the channel and the area 300 feet on either side of the bridge should be designated Slow Speed (See Figure 3-5). Additional channel markers should also be placed along portions of the Marco River. The area from marker 1.5 west of the Judge Jolly Bridge (SR 951) to marker 25 east of the bridge should be marked. Although the channel is relatively deep and wide through this area the adjacent waters are very shallow and contain many seagrasn iw da and oyster bars. --6o- F lqure 3 -5 Capri poss ".rd m��rco Hivee 17E McIlvane Bay McIlvane Bay is a long, shallow embayment (less than 3' MT,LW) located about one mile north of the Marco River.. McIlvane Bay is usually accessed via Flotilla Passage (Soe Figure 3-5) or through Johnson Bay. State Road 951 (SR 951) crosses McIlvane Bay by way of a low narrow bridge. Manatees have been frequently observed grazing on the seagrass beds located to the west of the bridge. Boat.c�rs approaching the bridge from Flotilla Passage or from the Northeast portion. of McIlvane Bay may not see the manatees grazing in these seagrass beds in time to stop. For this reason the area 600 feet on either s l d(3 ai Che Mcfl vane Bridge and Flotilla Passage will be regulated as a Slow Speed Zone. Goodland Bay Another area of concern along the Marco River is where it enters Goodland Bay (See Figure 3-6). This is a very active area for both manatees and boaters. Boaters returning from the Ten Thousand Islands and Goodland must pass through this area. The Goodland Bridge presents a choke point along this route, also the Barge Marina is situated to the west. Manatees routinely utilize the Goodland Bay area. Aerial siting data indicates manatees present during all surveys. Additionally two manatee deaths caused by boat collisions have been recorded in this area during the past five years. The area from marker 15 in the Marco River to the existing Idle Speed Zone at marker 10 in the channel and all other waters of Goodland Bay will be regulated as a Slow Speed Zone. Idle Speed will be mairrta:ined around Goodland to Marker 6. Slow speed will be regulated in all waters to to Marker 3. 3.1.1.7 Caxambas Pass Slow Speed will begin at marker 1 on the north side of Fred Key and will extend to Caxambas Pass. The southern boundary of this zone will be extended to follow a line running roughly from Helen Key through Fred Key, Currys Island and Dickmans Island, to Dickmans Point (See Figure 3-6). All other waters of Marro Island including Collier Bay, Roberts Bay, Factory Bay, Smokehouse Bay and all seawalled areas will remain as Idle Speed. 3.1.1.8 Port of the Islands -- Faka Union Canal Manatees congregate in the Port of the Tslands/Faka Union Cana]. area year-round, attracted to the fresh water that spills over the weir at the northern end of the marina basin. This area also provides relatively warmer water_ during periods of cold weather. -62- 17E E S- p E 3f,'j rnph. A ,—SLOIN S P E E OUP:1 L C i W S.,PF C E A R k E 11 EL 30 mF,h 0!...1 T'--', I D E PF C HA.�J ki E,.':- 2 Clft7pf.,1 IT Pry I - 6 a rA .".n 0 d I a r-,± F3 --- ----- — -------- More manatees have been sighted in this area than any other area of the County. Port of the Islands (POT) contains a private marina with 100 wet slips on the Faka Union Canal. The Resort is planning to expand the marina facility by an additional 75 slips. Waterfront homes are being constructed along the ten finger canals, and 31. of these homes have private docks associated with them. The boat ramp at the facility is also a favored launching spot for boaters wishing to fish the Ten Thousand Islands. Boating activity in this area is expected to increase in the coming years. The marina basin is designated as an Tdl.e Speed `Lone, and the Faka Uni.on canal is a caution zone with the Idle Speed Zone extending southward for 500 feet where it becomes a Slow Speed Zone for the rest of the length of the canal (See Figure 3-7). CompiJance with these :-peed zones is sporadic: at best. The Florida Marine Patrol :,che dnl es one day a month patrol duty. Port of the Tslands should be required to include a manatee informational brochure in the closing documents of all real estate transactions on the waterfront. This brochure will. include general information on manatees and how to spot them along with details of the POI speed zones and the maximum fine. of $500.00 for violating these zones. General information on the manatees at POI and details of the speed zones will also be presented at the annual meeting of the home owners. POI should incorporate a description of the speed zones and potential fines for violating these zones into the boat rental agreement to be signed by renters. Ramp users will also be required to sign a list stating they understand the speed zones and potential fines. 3.1.1..9 Chokoloskee Bay and the Barron River Everglades National Park has the second highest boat collision mortality rate. Since 1976, 13 manatee deaths were attributed to boat collisions. Most of the manatees recovered from the area were in Chokoloskee Bay. Chokoloskee Bay is over 6 miles long and over a mile wide :in most pi.aces. The average depth of the Bay is less than 3 feet at Mean Lower Low Water. Manatees are routinely observed in the deeper water of the borrow area along side the Chokoloskee causeway. The area from the mouth of the Barron River_ out to the first spoil island and then heading in an approximate Southeasterly direction 400 yards of the causeway all the way to Chokoloskee should be designated Slow Speed (See Figure 3-8). -64- 17 F IGL P F lwIAJ',"KLC- CHANNEL 30 mpi, L "SLO14, 'S�PEED OLJ�,IDE CPANNEL P Fe p , A P M-4 KED ANNEL n p C-` U r 5, 1 D E T H E CdAh'NELS- 2`0 n-lp�, or 3-- r, E f.—Y at l J. Figure 3--1 of Ph� lt:larlds `�t_Y" 7 E 'PEED IDLE S k1A.RKEC1 CHAN-NEL tiS0 on ph -HAIANEL — SI,r)W SPEED, SPEED OUTSID_ 1". I tr Figure S-a Darron Ki-wer and ChoKdlo,A*?c Bay _66 - C l'-,JA �---:1TA L PILIBUC LAADS ucu,,-a co.iorr— Fi-IMEkT. 3-! State alld. F&Iural Vark.f7 and Pres�jvess -- ------------ The Barron River is also a heavily traveled manatee route. Many manatees swim up river to the freshwater canals running along S.R. 29 and U.S. 41. The river extendinct from the mouth to the S.R. 29 bridge should be designated Idle Speed. 3.2 Marina Siting Collier County has a linear coastline that extends over 50 miles in length. If all the coastaL canals, rivers, bays and islands are included the coastline is tit-er.ally hundreds of miles long. The vast majority of this coastline is in Public ownership as parks and preserves (See Figure 3-9). For the most part, the areas of state and federal lands extend from nolkir Bay south to the Monroe County line with the exception of Marco :Island, isles of Capri, Goodlarid, Port of the Islands, Everglades City and Chokoloskee Island. These areas are mostly remote mangrove forested and ;,alt: marsh lands which will never be permitted for marina use or other development. For the purposes of this plan, marina facilities include wet slip marinas, boat yards with water access, and multi slip residential facilities. Dry storage facilities are only considered in this plan if they have water frontage, and the capability of launchinq vessels into those waters. Multi -slip residential facilities include condominiums, mobile home park facilities, and neighborhood facilities where boat mooring is concentrated in a common area, rather than individual docks located behind individual residences. This plan does not consider single family docks a marine facility. 3.2.1 Collier County Land Development Code The Collier County Land Development Code (LDC) will be amended to be consistent with the Manatee Protection Plan. Future rezoninq proposals will be evaluated for consistency with the adopted MPP. The procedure to change the zoning .involve notA ce acid advertising, two public hearings and approval by a super majority of the Board of County Commissioners, the procedures for, which are listed in Division 2.7 of the LDC. The LDC allows for the construction of private boathouses and docks in the Agricultural and Residential zoning districts (RSF 1-6, RMF-6, 1.2, 16), and Accessory use in Residential Tourist (RT), Village Residential (VR) and Mobile Home districts. Marinas are permitted in the C-3, C-4, and C-5 commercial districts and in the Community Facil_ites District as a conditional use. Boat yards and marinas are permitted as a conditional use in the VR dir,trict. -68- Multi -slip docking facilities with 1-0 eli-ps or- more, and all commercial marina facilities shall comply with the stipulations listed in the T,DC. The guidelines for the r.onstruc-ti-ori of boat houses and docks are listed i-n LDC section 2.6.21, and contain language for the protection of seagrass beds and other henthic rommuni_tees (See Sec. 2._3.2) 3.2.1.1 Recommended Additions to the Land Development Code The foltow:i.nq stipulations are recommended to be appended Lo the TDC: 1. Proposed developments will. be reviewed for consistency with the Manatee Protection Plan adopted by the Collier County Board of County Commissioners and <rpproved by the Florida Department of Environmental Protection. 2. Tf the location of the proposed development appears to be consist-pnt with the MPP, then the developer will submi-t, a "Manatee Awareness and Protecl.i-o« Plan", which shall address, but not be limited to, the following categori.er>: - Education and public awareness - Posting and maintaining Man<iLee Awareness signs - Tnformat.i.on on type and destination of boat traffic that. will. he generated from the facility. - Monitoring acid ma:i.ntainancc of water quality to comply with state standards. 3.2.2 Data Used _in_Marine Facility Siting Evaluation A number of data sources were evaluated by County and DEP rLrrff in developing the marine facility >i-t.incl plan for Collier County. These include: 1. Manatee data Abundance and distribution data Mortality data Ecology and life history information 2. General environmental / hydrographi_c data Water depths Benth:ic resources Shoreline condition 3. Boatinq data Collier County Boating Study Presence of existing or proposed speed .:ones 1?resence of ex:i st_ i ng or proposed marked channels Local. knowledge concernin boating pcatterns and needs 69- 17E 4. Land use / human data - Current. Zorrinq restrictions - Road access 3.2.3 Site Specific Recommendations The following site specific recommendations can be implemented by creating an overlay to the zoning maps and :including specific standards. This overlay can then be appended to the LDC. 3.2.3.1 Wiggins Pass Area The waters of the Wiggins Pass area (See Figure 3-11) are very shallow, on average less than i feet at Mean Lower Low Water (MLLW). The Army Corps of Engineers designed the Wiggins Pass System for 3 foot draft vessels, and current maintenance dredging permits are based on the 3 foot draft design. All marinas or multi -dock facilities should advise their patrons of this; potential draft limitation. Provisions should be made for posting the draft: limitation on nautical charts, in notices to mariners and possibly signs at the pass entrance. 3.2.3.2 The Clam Bays The Clam Bay system (See Figure 3-12) is a very shallow enclosed bayed complex. It is made up of three bays interconnected by shallow meandering creeks which wind through <r dense mangrove forest. The Clam Bay system contains some of the richest seagrass beds in northern Collier County. The system is currently served by a canoe launching facility which is open to the public. A residential area at the southern end of the system contains the only power driven vessels and they are limited by draft as to when they can operoLe. In order to protect the shallow benthic habitats no power boat facilities should be permitted for the Clam Bay system. 3.2.3.3 Collier Bay Collier Bay (See inset Figure 3-10) contains exterisive seagrass beds. Manatees are known to congregate in this area. Several manatee deaths have occurred in this bay and assoc:iat.e waters. This area .is currently posted as an Idle Speed Zone. Because of the preo-cnts of manatees in this area and the existence of seagrass beds, it is recommended that the currently imposed 1 power boat slip per 100 feet of shoreline limitation on multi dock facilit-ies remain in effect. -"70- F IJt FLL F Sk-]R• 'AR ul i7lF 17E 3.2.3.4 Port of the Islands Shoreline development within l.he seawalled basin at Port of the Islands will be restricted as follows: Single family residential.. docks should be restricted to one power boat slip per 100 feet of shoreline or increments thereof with one power boat slip allowed for single family property lots with less thin 100 feet: of shoreline. multi -family residential docks should be restricted by allowing only marginal wharves al.onq the waterfront of multi -family areas with no finger piers of 'IT" docks allowed. The commercial marina should be restricted to the total 175 slips currently permitted. If future demands exceed this number then additional slips may be permitted only after proving no further deleterious effects to manatees have occurred subsequent to the adoption of this plan. Port of the Islands will provide the documentation stating compliance with these recommendations. 3.2.4 Marina Siting Criteria Collier County and the FDEP's Office of Protected Species Management has developed a rating system for marina siting throughout the remainder of the County. The purpose of the marina site rating system is to help determine the maximum powerboat wetslip densities in. order to improve existing manatee protection. The marina site rating system gives a ranking based on three (3) criteria; water depth, native marine habitat and manatee abundance (See Figures 3-11 - 3-15). Adequate water depth in Collier County is considered to be greater than four (4) feet at Mean Low Water (MLW). This premise is based on the fact that the majority of vessels in the county operate at less than two (2) foot draft, allowing two (2) feet of clearance below the keel for manatee protection. This depth requirement may also apply to the area between the proposed facility and any natural or other navigation. channel, inlet, pass or deep water. Where necessary, marking of navigational channels may be required. Native marine habitats include seagrass beds, salt marshes, mangroves or other biologically productive submerged and shoreline habitats which may be adversely affected or destroyed by dredging and filling activities. -72- Manatee abundance is determined by usiriq the DEP manatee carcass recovery data. Updated data sets will be provided by DEP on an annual basis. While manatees are found throughout Co:Llier County, data i-ndi.cate that relative manatee use varies hetween areas, and certain areas can be as high manatee use. For the purposes of this plan high manatee use density i., considered to be areas where more than 2.0` of all the watercraft. -caused manatee deaths in Collier County have been found. I evaIuat i_nq a parcel for a potential boat facility, o m n:inmim ;sphere of influence for the boat traffic must be designated. For this plan an on -water travel distance of five (5) miles h; considered the sphere of influence. Thi, i-s recognized to be a conservative travel distance since the studies show that soma boats travel a significantly greater di -stance on a frequent. basis . lris d i.stLince, because it is an approximate average travel di stance from marry major boat or iq:i_naLion points to the open (gulf, and it. i;, is cliet_ance that keeps the spheres of influence of the major areas separate. For example, uei.rrq distance the sphere of influence for Everglades City/Chokoloskee area is separate from Port of the 1=wands, which!-s separate from Marco/Good].and. Likewise, in the northern part of the County manatee use of the Wiggins Pass area is considered separately for the Doctors Pass area which .is separate from the Naplc,: R,iy area. 3.7..4.1 Ranking Criteria A ranking of Preferred is given Lo a site that has or can Legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 3-1) A Moderate ranking is given when: there is adequate water depth and access, will- not impact a high manatee area, but will :i.mpact_ native marine habitat; there is a.degtrate watery depth, no impact to native marine habitat, but will impact a high manatee use area; and when the water depth i,, le:,:, than four (4) feet MLW, will not impact native marine habitat, and will rot impact_ j hi-qh manatee area. A Protected ranking :is given to an area when: there is adequate water- depth and access, but will impact- native marine habitat and will. impact-, a high manatee use area; there is not adequate water depth, will impact or destroy native marine habitat and will impact a high manatee use area; there is riot adequate watc,r depi:h, will. not impact marine habitat;and will impact a high manatee use area; and tliere is not adequate depth will impact_ ma.rine habitat and will riot impact a high irwrnatec use area. --'73- 17E MARINA 'S)ITING LEGEND C., Adequate Depth C R IT L R I A Ild' Not�ve Habitall i T LEE -COUNTY 0, DY,A, SEAV-H IfOAV IUS 41 �L T—_ L ' 4 WIGGINS; , P A S s �tL NOR 8 Y' S ATE FA.PV. CR' 846 VildG, PE -T LA r; aft, - i C, viglra 3-11 Wiggins P.inr� Area L E G F N G, Adequate Depth 11 M UN) IJPPi.R .-4 -jt; CLA M, P A S OUTER PINE RJDGr POA D 7 't'' EW'At4 9A � JOCTORS PA. "S" S Figure -4-12 Past Icity olt Nilplkls) tA A R I NIA S I )(I L C f,---,'E N D A rd e cl u a t e F) e p t h 4 f, t.,I! NAPLESii �-Icjfive Habitat lit M-i-f. -CF. 17E � I T ,•, i ir--, LLGE[C D PASS v 41 rN'N' •_ CR �TL�., r�a I i v e 1-ici b i f I :l.ak;':l aria 6 -ti'-Aia nij 17F E G E N D Adequate Depth Native HQbitci t 4 f i MLN) Figlirlp 3-Is Evercgla.jes city and Ist-id MARINA M HNG CRII'FRIA Watcr Ucptli Native Ntwim, Habitat Manatee Use Grealel 111;m 1 ess Ihan No Impact' Impact Not I Iigh I1101 T NII.AV d' MI.AV PRBPFRRFD X - X ------------ ------ X MODFR/A I k A X X MOI)FRAfE X X X MODERAIIi X X X PRO IFc1T..D X X X PROTE 11,H) X X X' PRO 'IFCITD X X X PRO 'I'EC'IED \ X X (1) Eor shoreline vegetation such as mant;To%cs, no impact is dclined as no greater than 5% of the native marine habitat is disturbed. Por sca grissc.s, no impact means that no more than 100 square feel ofsea grasses can be impacled. Table 3-1 Marina Siting Criteria & Allowable Wet Slip Densities Preferred Sites. New or expanded wet slip marinas and multi family far.ili.ties: Shall be allowed at �.i den � i.t.y of 1.8 boat slips for every 1.00 feet of shoreline. Dry Storage facilit:ie.s: Expansion of existing and c_onstructi-on o[ new facilities allowed. BOO i . Ramps: Expansion of exi;tiiiq and construction of new ramps allowed. 7 1) - 17E Moderate Development Sites. New or expanded wet slip marinas and multi -family facilities: Shall be allowed at a density of 10 boat slips for every 1.00 feet of shoreline. Dry Storage facilities: Expansion of existing allowed, construction of new facilities prohibited. Boat Ramps: Expansion of existing ramps allowed, construction of new ramps prohibited Protected Sites. New or expanded wet slip marinas and multi. -family facilities: Shall be allowed at a density of I boat slip for every 100 feet of shoreline. Dry Storage facilities: Expansion of existing or construction of new facilities prohibited. Boat Ramps: Expansion of existing or construction of new ramps prohibited 3.2.4.2 Mitigation If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if Slow Speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three way test (See Table 3-1) would not effect the outcome of the ranking. For example, if a site had greater than four (41) feet water depth, and had no impact to marine habitat, but had a high manatee use area within five (5) miles, it would be ranked as Moderate according to the table. However, if the major boat travel route was regulated as Slow Speed, the ranking would he increased to Preferred. If such Slow Speed zones are not existing, the County may establish, with DEP approval, additional Slow Speed zones in order to mitigate the proposed additional boat traffic. 3.2.4.3 Implementation In conjunction with Table 3-1 and Figures 3-11 - 3-15, it is possible to determine the approximate areas where the recommended maximum allowable densities will be applied. The exact areas G� G::a^c pxa will depend on site spec:i.fi.c data gathered (in ri_nq the site development process revi ewo-, . Ttris rating system does not preclude the existing zoning and density regulations required by the current Collier.- County Land Development Code (LDC) . This system shall. be ur;ed to determ l.rre the allowable maximram powerboat wets.i.p densities within future marina sites for the purpose of manatee protect -ion. These criteria will be-: applied at the Appropriate time of .receiving a County pei-mi_t. An amendment to the LDC will be nec ess,j ry to implement these criteria. Existi.nq faci L i.ties and facilities which had State or Federal permits pend:i.ng prior t-o adopl--ion of the County Manatee Protection Plan shal]_ be exempt fr_�oin :i-ts provision,-, brat will l:re subject to the LDC. Manatee re.lat ed re;;i_r-ir.t=:ions which have been placed but which would not be required under this plan c,h all be I.Afted upon the plans adoption_ 3.2.4.4 City of_ Naples The Naples City Council Ordinance 94-'1282 which amends Section 1 L4- 1 34 (a) of the Code of The Ordinance addresses the Marina Site Ranking Criteria proposed by the County. As in the County, the rating system does not preclude the existing zoning and density regulations required by the current. city Building Code. This system shall be used to determine tine allowable maximum powerboat wo-Lsli.p densities within fut:Ll— in,ar:irla sites for the purpose of manatee protection. 1,ese criteria will be applied at, the appropriate time of rc�ce:i_vinq ,a City permit. 3.3 Education, Research, and Awareness Education and publics awareness may be the most important elements in a viable protection plan for any species ar- habitat. In order for a protection plan to be truly effective, it is necessary for the public to understand the problem:, facing the continued survival of the Florida manatee, the reasons why the species shonid be. protected, and the ways that human; can aid in its recovery. In addition, more research information is needed on manatee physiology, habitat needs, and behavior. 'rho cause of death for 36o of recovered manatee carcasses could not bey determined. Many of these carcasses were severe)—y decomposed before they were, rccov<-red (State of Florida DNR, 1990a). For the above reasons, it. i., -,tronq].y recommended that education, research, and awareness programs, as well as increased recovery efforts, head the list: of prioY it_ics:, for the County' s manatee protection pt.ogram. -81- J?E 3.3.1 Education County environmental staff should coordinate with the local school board regarding environmental education. Proqrams should be adapted for grades K through 1.2 and include information about the Florida manatees and how they can recover- from their endangered status. Field trips to see manatees in the wild and in captivity, as well as field trips to essential. manatee habitat, should be part of the program. 3.3.2 Public Awareness Brochures should focus on the rationale and provisions for rcqulations, as well as encouraging the publ-:icy to take precautions outside of designated restricted zones. Tnformation regarding manatee behavior and habitat needs should also be included. Such .information may include feeding preferenees, areas within the county where manatees are known to congregate, the fact that manatees prefer- shoreline areas and channel margins, descriptions of critical manatee habitat areas and how to preserve them, etc. Brochures should be distributed at public boat ramps, boat rental facilities, marinas, boat registration offices, safe boating courses and f.ederiil, State, and County park facilities. The Collier County Natural Resources Department recently authored a 4-fold informational brochure regardinq manatee protection. The br_oehure will be included in all. boater registration mailings in Collier County (estimated 2.0,000 per year). The brochure .includes general information regarding the Florida manatee, a map of designated protection and speed restriction zones, citations of the enabling legislation, and informati-on on what boaters could do to help protect manatees. The Rookery Bay National Estuarine Research Reserve is currently developing a brochure that will help guide boaters through a portion of the County's back bay system. The brochure is primarily directed to rental boat operators, but the contained information will be of help and interest to all boaters. The brochure contain!; a color coded navigational chart of the area extending from the north end of Rookery Bay to the ABC Bird Islands east of the Judge. Jolly Bridge. The color guide will indicate areas of adequate water depth for <afe boating operations, areas where caution must be taken, and areas too shallow and must be avoided. The brochure also contains information on seagrasses and manatees. Preliminary plans are to laminate a number of brochures to be attached to the control console of area rental boats. Anecdotal- information indicatesindicates that the qreatest number of groundings are by rental boat operators. These rental boat operators are unfamiliar with the boating conditions in the back bay waters and cause extensive damage to shallow seagrass beds. The rernLal boat -82- dealers are in favor of this plan becaUNU unintentional groundings cause damage Lo their- boats and motors. The Collier County Marine Trades Association (CCMTA) has expressed a great deal of Lnterest in this plan and would like to expand the concept throughout the rest of the County. The back bay areas of Collier County offer a ga:eat deal of recreational enjoyment to boaters, however, unfamiliarity with exi,tinq conditions can cause considerable harm to both boaters and the envi_ronmc>nf_ informational brochures exp:l.aininq Inc"] conditions can help insure the safe and competent operation of aLl watercraft- 3.3.3 Research County environmental staff should coordinate with FDEP and USFWS for the purpose of assisting in manatee research. The County can contribute to sighting studies and habitat usage by the Florida manatee within Collier County. Studies should also be coordinated with those of bordering counties, specifically Lee and Monroe Counties, and with the Biology Department_ of Rdi.,son Community College. -B3- 17E 1 4.0 RECOMMENDATIONS and IMPLEMENTATION 4.1 Boat Speed Regulation 4.1.1 For the purpose of manatee: protection, Collier County shall adopt by Resolution the State Rule that will establish Idle Speed zones in the following locations: 1.) Little Hickory Cove (See Figure 3-1) 2.) The Clam Bay System (See Figure 3-2) 3.) The Barron River (See Figure 3-8) 4.1.2 For the purpose of manatee protection and boater's safety, Collier County shall adopt by Resolution the State Rule that will establish Slow Speed zones in the fotl.owing locations: 1.) Little Hickory Bay to Wiggins Pass (See Figure 3-1) 2.) The Inland Waterway (See Figure 3-4) 3.) The Rookery Bay and Johnson Bay area (See Figure 3-4) 4.) The Marco River and associated waters (See Figure 3-5) 5.) McIlvane Bay Bridge (See Figure 3-5) 6.) Goodland Bay (See Figure 3-6) 7.) Caxambas Bay (See Figure 3-6) 8.) The area in Chokoloskee I3ay extending from the mouth of the Barron River_ out to the first spoil island and then heading in an approximate Southeasterly direction 400 yards off the causeway to Chokolosken (See Figure 3-8). 4.2 Habitat Protection 4.2.1 To protect shallow seagrass beds located adjacent to boat channels additional channel markers shall he placed in the following locations: 1.) The Inland Waterway from marker 29 to 27, from marker 16 to 14, and the south end of Johnson Island. 2.) The Marco River from marker IS west of the Judge Jolly Bridge (CR 951) to marker 25 east of: the bridge. 4.2.2 To protect the remaining seagrass meadows from further degradation from upland water sources, Collier County shall continue the water quality monitoring program at watershed outlets entering the bays and backwaters which flow into the seagrass beds. -84- Naples Daily News Naples, FL 34102 17E Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------- - - - - -- BCC/ZONING DEPARTMENT CLERK OF CIRCUIT CRT S AMMERMANN/FINANCE DEPT P O BOX 413044 NAPLES FL 34101 REFERENCE: 068779 59587403 P.O. #4500096189 NOTICE OF PUBLIC State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/30 08/30 AD SPACE: 162 LINE FILED ON: 08/31/09 ------------------------ Signature of Affiant NOTICE OF PUBLIC MWING f NotlCe �he by_, that the Or of County {hBoa d Ir uom, PFTta�e w#LInIB�haki S In the tl�atlN�lpTea. Flor�The 0 w ! b4o{n at --------- rw---A---------t------------------------ Sworn to and Subscribed before me this tS V day of v .r" 20L2k r ) jA e %-, Personally known by me KAROL E KANGAS Notary Public - Slale of Florida My Comm. Expires Jul 29. 2013 Commission # OD 912237 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hwid delivered to the Botird Office. The completed routing aIip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceUtion of the Chairman's sioutture, draw aline through muting lines # 1 through #4, complete the checklist and forward to Sue Filson (line 45). Route to Addressee(s) List in roufing order Office Initials Date 1. Judy Puig ODES Administration 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners / `) 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addresses above, including Sue Filson, need to contact stall' for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Susan Istenes Phone Number 252-2464 Contact Agenda Date Item was 9/ 15/09 Agenda Item Number 17E Approved by the BCC Type of Document Settlement Agreement Number of Original I Attached I I Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 141 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike -through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain 14 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on: 9/15/09 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WW S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: September 18, 2009 To: Susan Istenes Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement Enclosed please a copy of the document, as referenced above (Agenda Item #17E), approved by the Board of County Commissioners on Tuesday, September 15, 2009. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 17E EDWARD K. CHEFFY BOARD CERTIFIED CIVIL'FRIAL LAWYPR BOARD CERTIFIED BUSINESS LITIGATION LAWYER JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE LAWYER JOHN D. KEHOE BOARD CERTIFIED CIVILTRIALLAWYER LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE LAWYER JEFF M. NOVATT DAVID A. ZULIAN LOUIS W. CHEFFY BOARD CERTIFIED REAL ESI'AIT LAWYER Via Hand Delivery CHEFFY PASSIDOMO ATTORNEYS AT LAW 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239)261-9300 FAX: (239)261-9782 WWW.NAPLESLAW.COM August 24, 2009 Susan M. Istenes, AICP, Director Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 17E LISA BARNETT VAN DIEN BOARD CERTIFIED REAL ESTATE LAWYER CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTIFIFD REAL. ES'LA'FE LAWYER MICHAEL W. PETTIT CHRISTOPHER J. THORNTON JOHN C. CLOUGH M. FRANCESCA PASSERI OF COUNSEL: GEORGE L. VARNADOE Re: ADA-2008-AR014059; Sunrise Cay II Condominium Association, Inc. BCC Agenda of September 15, 2009 Dear Ms. Istenes: Enclosed please find the original settlement agreement for the above matter which has been executed by Mr. Giberga as President of Sunrise Cay II Condominium Association, Inc. The original should be held in escrow and returned to my attention if not approved by the BCC. Thank you for your attention and consideration. Please contact me with any questions. Very truly yours, CHEF�Y PASSIDOMO, P.A. Christopher J. Thornton For the Firm CJT/mlb Enclosure cc: Ovidio C. Giberga, Sunrise Cay II 6665-13659 Doc #86 mlb 8/24/09 17E Vol SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this I <- of 1�of ei,,, O, v , 2009, by and between Sunrise Cay II Condominium Association, Inc. (the "Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHEREAS, Association is responsible for the operation and management of the property constituting Sunrise Cay II, a condominium, located in Port of the Islands, in Section 9, Township 52 South, Range 28 East, folio number 01067081401, within the unincorporated area of Collier County, Florida, as described in the Declaration of Condominium recorded in OR Book 2245, Page 1343, as amended (the "Property"); and WHEREAS, the Property is zoned RMF-16 on the Collier County Zoning Map and contains a total of 42 residential condominium units with related accessories and appurtenances in 5 buildings that were constructed between 1996 and 1999, with approximately 973 linear feet of seawalled shoreline along the Sunrise Cay Canal and the Faka Union Canal; and WHEREAS, the Association has submitted applications to the Florida Department of Environmental Protection (file no. 11-0220350-001) and the U.S. Army Corps of Engineers (file no. SAJ-2003-9792) seeking permits for the construction of a reconfigured dock facility to consist of a total of 42 boat slips and a loading dock and ramp, with 36 of the boats angle -parked and secured by 38 pilings on 13-foot centers and 6 boats parallel -parked on the west side of the Faka Union Canal; and WHEREAS, on January 10, 2008, in accordance with Section 10.02.02.17 of the Collier County Land Development Code, the Association submitted a request for interpretation to the Director of the Collier County Department of Zoning and Land Development Review ("Director") seeking confirmation that the proposed dock facility and loading ramp configuration were consistent with the Collier County Land Development Code and Sections 3.2.3.4 and 4.6.3 of the Collier County Manatee Protection Plan; and WHEREAS, on November 12, 2008 the Director issued a response to the Association's request for interpretation, INTP-2008-AR-12749, which concluded that the proposed dock facility configuration was not consistent with the Manatee Protection Plan, but that the loading ramp was consistent with the Manatee Protection Plan so long as the loading ramp was designed to be shore -parallel, linear, located immediately adjacent to the seawall, and was not used as additional mooring slips; and WHEREAS, on December 11, 2008 the Association filed an appeal of the Director's interpretation, ADA-2008-AR-14059, asserting that the proposed dock facility configuration and loading dock and ramp are consistent with the Land Development Code and Manatee Protection Plan; and Page 1 of 5 17C WHEREAS, as interpreted by staff, the application of the Land Development Code and marginal wharf criteria contained in the Manatee Protection Plan to the 973 feet of shoreline of the Sunrise Cay Condominium site would limit the maximum number of docking sites to 42 at an average length of 23.2 feet; and WHEREAS, after reviewing the proposal, staff agrees that the provisions of the Land Development Code and the Manatee Protection Plan are met by limiting the number of docks to no more than what would be allowed by the application of the marginal wharf criteria as set forth in the official interpretation (AR-14058) and in doing so restrict any future construction of additional docks beyond 42 docks; and WHEREAS, in order to resolve the appeal in ADA-2008-AR-14509, the Association is willing to agree that the total number of boat slips to be moored at the Property under the current proposal will not exceed 42 and that the cumulative vessel length will not exceed 973 feet (not including the engines) and that the dock facility and loading dock and ramp configuration will be substantially the same as shown in the attached Exhibit "A", in exchange for the County authorizing the construction of the facilities and providing such consistency letters and approvals as may be necessary for the construction of the facilities; and WHEREAS the County agrees that the proposed dock facility and loading dock and ramp will be consistent with the Land Development Code and the Manatee Protection Plan and will not endanger the manatees provided that the total number of boat slips does not exceed 42, and the facilities are constructed in substantial conformity with the plans attached as Exhibit "A"• and WHEREAS the Association and the County recognize that the interpretation and appeal could lead to litigation between the parties, and that the costs and uncertainties of litigation and the unique facts and circumstances surrounding this matter and have agreed to settle any and all of the Association's claims and any and all other claims, known and unknown between the parties; NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties), the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement. 3. Attorneys' Fees. All parties shall pay their own attorneys fees and costs associated with this matter. 4. Release of All Claims as Against the County. Except for any breach of this Settlement Agreement, the Association, hereby releases, acquits, satisfies, and forever discharges Page 2 of 5 17E the County, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the County) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the Association ever had, now has, or which any personal representative, successor, heir or assign of the Association, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 5. Release of All Claims as Against the Association. Except for any breach of this Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the Association, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the Association) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the County ever had, now has, or which any personal representative, successor, heir or assign of the County, hereafter can, shall or may have involving or relating to the dock facility and loading dock and ramp, against the Association, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 6. Dock Facility. The county agrees that the dock facility and loading dock and ramp as shown in the attached Exhibit "A" are consistent with the Collier County Land Development Code and Manatee Protection Plan, to approve the construction of the dock facility and loading dock as specified in the attached Exhibit "A", and to issue permits for construction of the same upon application by Association, and receipt of all required agency permits. The County further agrees to communicate its approval and consistency letters as necessary to the U.S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7) days of the date of this Agreement. The Association agrees that the dock facility shall be limited to a maximum of 42 boat slips and the loading dock in the configuration shown in the attached Exhibit "A". The Association further agrees that the cumulative total length of the vessels to be docked at the facility, not including the engines, shall not exceed 973 feet. 7. Execution of Other Documents. The parties agree that they will execute any other documents as are necessary to effectuate or to carry out the intent of this Agreement. 8. Governing Law and Venue. This Agreement and all other documents executed in connection with this Agreement shall be governed by and interpreted under Florida law. The sole and exclusive venue for any litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the circuit Court in and for Collier County, Florida. The Settlement Agreement is the joint product of the Association and the County and shall not be construed against either party as the drafter. Page 3 of 5 17E 9. Enforceability. In the event that any provision of this Settlement Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. 10. Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties. 11. Execution. Association shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. 12. Applicability. This Agreement shall be binding on Association's successors, heirs, and assigns. Further, this Agreement shall be binding on the Association's successors, heirs, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written . Attest>' DWI. HT E. BR I�,.Clerk meputy Clerk WIITNESSES: BOARD OF LINTY COMM SSIONERS COLLIER TY, FLORID By: DONNA FIALA, Chairman AS TO ASSOCIATION: SUNRISE CAY II CONDOMINIUM ASSOCIATION, INC. n Ovidio C. Giberaa!Mresident pproved by Susan M. Istenes, AICP, Zoning Director �4 Page 4 of 5 17E STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �? -1/ flay of Lc f , 2009, by Ovidio C. Giberga, as President of Sunrise Cay II Condominium Associationwho is personally known to me or has produced F[ t ��,, s �� yes as identification. C /G L 3 Y5't�9 WITNESS my hand and official seal this Yffr day of 444�-1 u s f- , 2009. Notary Rubber Stamp Seal Or Emb 1 _ IF% MAMA L BENNErf MY COMMISSION A DD 881583 EXPIRES: August 17, 2013 of,'' Bonded Thru Notary Public UnderVmters Approved as to form And 1 al sufficiency: 00 Je rey A. Klatz'lcow County Attorney Notary Public Z�q A-,- Z 4. L /31-- n .1 e// Printed Name />/-2 9-9'/-J* 3 S`//7/1G'I j Commission No. Expir tia on Date Page 5 of 5 NOTE. PROPOSED: 38 MOORING PILES 42 SLIPS 16'-33' L.O.A. 39' N O l'liS - <> THESE DRAUVINGS ARE FOR PERMITTING PURPOSES ONLY WATERWAY AND ARE NOT INTENDED FOR CONSTRUCTION USE <> ALL DATUM SHOSVN HEREON IS REFERENCED TO MUN. _ <> APPLICANT OINNS APPROX" 975L.F"OFSHORELINE. EXISTING OVERINATER STRUCTURE:OSO-FT" PROPOSED OVERINATER STRUCTURE: APPROX 396 SO" FT. TOTAL OVERINATER STRUCTURE: APPROX390SO-FT. / ACCESS RAIJP4'xi5' <> 1AADTH OF INATERWAY:149'(MH1NTOMH1,V) <> TOTAL PROTRUSION FROMMHINL:I8FT" 5' WIDE W OD BOARDWALK 2 <> TIDAL DATUM: MLIN=*O.T NGVD. MHW=*2.6' NGVD. <> SURVEY COU RTESY OF COURT GREGORY SURVEYING, INC. --10' E FLOATING DOCK 15' 1 1 36' ! _ SUNRISE CA_YI 15.5' T- MOORING: or SUNRISE CAYII LOADING &OFF LOADING ONLY �� CONDOMINIUM ASSOCIATION \\ PROPERTY LINE ' PORT OF THE ISLANDS / \ (6.807 ACRES OF LAND MORE OR LESS) \ / \ (AS DESCRIBED IN O.R. BOOK 2245 PGS 1394-'4"6 Q.0G"ETA4L— \ COLLIER COUNTY, FL.) ` SCALE 1_20' i \ 691' \ L,.NDO SW DING BUILDINGCONDO GUNL\ \ CONDO 57' �-.¢5' 3UILDING \ 9' BUILDING ------------ 5'�lF — _ ss - F-2T I 50' -- I 21' b I,nv ..I, ^� .Lh..p ^v - . -h b '\ c C1 1L SPAC-€S-a '3'-rv€PITERS— �_ SPACES 13' CENTERS 1 I 25% LINE PROPERTY LINE (25 ) EXISTING 6 SLIPS SUNRISE CAY CANAL i 11 & PILINGS (TO BE REMOVED) 15' �i x �fs..._-fl- i37' .S' n jn rnn inn f 20' 18� 19' 37'— 134' 1-64' --i T 591' EVENINGSTAR CAY 5 I —.— — A U N I 3 Q N \—NIARGINAL DOCKING 1 FOR6 VESSELS 149' G A N A L Iona _ Turr,-I1, Hall & Associate- 11ic DESIGNED T'.T. REVISION DWG NAME Prc�, Asa] Marine & Env lronmcntal i;onst.lting p � p � ^ � ® 1 ■ S ' \ Y � 1 E3 � ■ 1/ �J M \1 __JJ i G^r.A`NN SAS 04-11-05 SHEET 03 3554 Exchange Ave. Suite 3. Na.p1cs. FL 34 04-3732 DATE 05-27-03 1 SCALE 1"=1DJ ') rtl�llt: c c��=-olc3ci Fay: i239) (ia3-CC32 PROPOSED LAYOUT 108 N O. 0304 05-28-aD e-mail luna(ri;turrell-assoclxles"c<nn SFCTION- TOWNSHIP- FZANGE-