HEX Final Decision 2023-08HEX NO. 2023-08
HEARING EXAMINER DECISION
DATE OF HEARING.
February 9, 2023
PETITION.
PETITION NO. BD-PL20220002146 - 167 Sunset Cay - Request for a 35-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100
feet in width to allow a boat docking facility that will protrude a total of 55 feet into a
waterway that is 338f feet wide, pursuant to Section 5.03.06 of the Land Development Code,
for the benefit of property located at 167 Sunset Cay, also described as Lot 84, Port of the
Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East, Collier County,
Florida.
GENERAL PURPOSE FOR THE PETITION.
Petitioner wishes to construct a boat docking facility that will protrude 55 feet from the
MHWL/Property Line into a waterway that is 338± feet wide; said dock comprises an 8-foot wide
finger pier with a boat lift on each side plus a 14-foot by 14-foot platform for the storage of
recreational equipment (kayaks and paddleboards).
STAFF RECOMMENDATION.
Approval with conditions.
FTNDTNGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The County Staff presented the Petition followed by the Petitioner's expert, public comment
and then rebuttal by the Petitioner's expert. There were five (5) letters of object submitted into
Page 1 of 6
the record. Public comment in opposition included: Wendel Dafcik of 179 Sunset Cay, Samuel
Leishear (president of Stella Maris master homeowner's association located directly north
across the waterway), William Keyser of 294 Stella Maris Drive South, and Daniel Heffelmire
of 290 Stella Maris Drive South. There was no public comment in support of the Petition.
6. The County's Land Development Code Section 5.03.06.H. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock
extension request if it is determined that at least four (4) of the five (5) primary criteria, and at
least four (4) of the six (6) secondary criteria have been met.'
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation
to the waterfront length, location, upland land use and zoning of the subject property.
Consideration should be made of property on unbridged barrier islands, where vessels are
the primary means of transportation to and from the property. (The number should be
appropriate; typical single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The subject property is located within an RSF-4 Zoning District and supports
a single-family dwelling for which the LDC and Manatee Protection Plan allows two boat
slips. The proposed boat docking facility comprises a boat docking facility with two slips,
each with a boat lift, one for a 50 foot vessel and the other a 30 foot vessel.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner's application is unable to launch or
moor at mean low tide (MLT). (The petitioner's application and survey should establish
that the water depth is too shallow to allow launching and mooring of the vessel(s)
described without an extension.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. Petitioner argues that the boat dock extension is necessary to
accommodate the owners' vessels and due to a rip -rap shoreline. However, Petitioner's
expert testified that to design a dock parallel to the shoreline is possible but would require
dredging: `Is it possible? Yes, it is, but in this case it was easier and less impactive to the
environment to do a straight perpendicular mooring. " Petitioner's application section
entitled "Dock Plan Depths" illustrates MLW (mean low water) depths from -1.5 at the
rip -rap line to -7.0 (NA VD 88) further out in the waterway where the proposed dock
extension terminates. This same illustration shows a parallel dock design would place the
boat lifts at approximately -4.0 to -5.0 MLW depths and result in less of a protrusion into
the waterway. Petitioner's lot is wide enough at the shoreline to accommodate a parallel
design, although it would be more than 50% of the shoreline because the combined vessel
length is 80 feet.
'The Hearing Examiner's findings are italicized.
Page 2 of 6
3. Whether the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. There are no marked channels within this area and the width of the waterway
is approximately 338 feet, MHWL to MHWL; as proposed, navigation within the subject
waterway will not be impacted.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether a minimum of 50 percent of the waterway width between dock
facilities on either side is maintained for navigability. (The facility should maintain the
required percentages.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET The approximate waterway width is 338 feet. The proposed dockprotrusion
is 58 feet from the MHWL/Property Line. Therefore, the dock facility will occupy
approximately 17.16 percent of the waterway.
5. Whether the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the
use of legally permitted neighboring docks.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. It would be more favorable for alternative designs and even the
applicant's preferred design if situated further west along the subject shoreline; however,
as proposed, the design and location could negatively impact the ability of the neighboring
property to the east from accessing the westernmost slip of their dock from the west.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The plat for subdivision in which this property is located, Port of the Islands
(The Cays) Phase II (PB21, PG 1-4) depicts a 20 foot drainage easement (D.E) running
along the shoreline of all canal lots; see dedication and Detail of Easements for Each Lot
on applicable pages. The shoreline is reinforced by a rip -rap revetment and the rip -rap
occupies the waterfront half of the easement, a swale at the top of the rip -rap occupies the
remainder. Provided drawings demonstrate the D.E. is spanned and not blocked by the
proposed dock.
Page 3 of 6
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. Given the finger type dock is limited to 8 feet in width, an intermediate
platform measuring 14 feet by 14 feet is not excessive being that it can be used to provide
safe space for routine maintenance, safe access, and the outdoor storage of kayaks and
paddleboards.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property's
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. The proposed boat docking facility has been designed to allow for the
mooring of two vessels, one being 30 and the other 50 feet in length. The subject property
has approximately 149 feet of water frontage. The combined vessel length of 80 feet
exceeds the 50 percent threshold as it equates to approximately 53.69 percent of the
waterfront footage.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the view of
a neighboring property owner.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. Both the location of the dock and its perpendicular design to the
shoreline will have a major impact on the waterfront view of the neighboring property
owner, particularly when the 50 foot vessel is fully up on the lift.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds
are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. There are no seagrass beds present on the property nor the neighboring
properties within 200 feet of the existing dock structure.
6. Whether the proposed dock facility is subject to the manatee protection requirements of
subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. As outlined in the MPP Section 3.2.3.4 the subject property meets the
standards to have two boat slips and the proposed dock does not need to be shore
parallel/marginal which is a requirementfor commercially zoned properties. Based on this
Page 4 of 6
the proposed dock is consistent with the MPP requirements as there are no impacts to
seagrasses and we have water depths greater than 4' MLW. The subject property is located
within Port of the Islands for which the MPP is applicable.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is not enough competent, substantial evidence as applied to the criteria set forth in Section
5.03.06.H of the Land Development Code to deny Petition. The Petition meets 3 out of 5 of the
primary criteria and 4 out of 6 secondary criteria, therefore, the Petition cannot be approved as
presented.
DECISION.
The Hearing Examiner hereby DENIES Petition Number BD-PL20220002146, filed by Jeff
Rogers of Turrell, Hall & Associates, Inc., by representing Robert Brauch and Judith Ann
Hutchins, with respect to the property described as 167 Sunset Cay, further described as Lot 84,
Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East. Collier
County, Florida, for the following:
• A 35-foot boat dock extension from the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width, to allow construction of a boat docking facility
protruding a total of 55 feet into a waterway that is 338± feet wide.
Said changes are fully described in the Proposed Dock Plans attached as Exhibit "A" and the Map
of Boundary Survey attached as Exhibit `B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Dock Plans
Exhibit B — Map of Boundary Survey
LEGAL DESCRIPTION.
167 Sunset Cay, further described as Lot 84, Port of the Islands (The Cays) Phase II, in Section 9,
Township 52 South, Range 28 East. Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 5 of 6
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
STATE O 1= I= LOIZ I E:)A
N
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NAPLES
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0
K
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MARCO
ISLAND
SUBJECT
PROPERTY GULF OF MEXICO
b TAMPA
FT.MYERS�
APL S
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R� DES CITY KEY WEST
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COLLIER COUNTY
Ter/
SITE ADDRESS:
<> 167 SUNSET CAY <> LATITUDE: N 25.954584
NAPLES, FL 34114 <> LONGITUDE: W-81.508552
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
;.
COUNTY AERIAL
1'yy
Tulle , Ha & Associates, Inc.
1 E3 7 S U N S E T
CAY
DESIGNED:
JR
1.
RMJ
07-12-22
JR
SHEETS 03,05.09
DRAWN BY:
RMJ
2.
RMJ
OaJO-22
JR
SHEET OS
Marine & Environmental Consulting
CREATED:
JOB NO.:
O6 0422
21200.OD
3.
a.
RMJ
12-20-22
JR
SHEET OS
3584 Exchange Ave. Naples, FL 34104-3732
LOCATION MAP
SHEET NO.;
101 OF 10
5.
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632
RYNO. 5875
SECTION-09
TOWNSHIP-52S RANGE-28E
RIPARIAN
LINE
X -7.0
-6.0
APPROXIMATE X-5.0
MHWL ELEV 0.6' x-4.0
X -3.0
o + 30 60
SCF(LE 9N'7=
RIPARIAN
X-7.0 x-7.0 LINE
ADJACENT
xa.o x-6.3 x 7.o DOCKS
X -6.0 X -5.6
X -4.8
X -6.0 X -5.1
X -6.0 X -6.0 X -4.2 X -5.0 X -5.0
X -5.0 X -5.0 X -4.3
X -2.9 X -2.9 X -2.9 X -3.0 X -3.0
_1 7
,. -1.8v -1.7 1 5._
x 5.7 � ,•5.8
\ \ 20' DRAINAGE
- EASEMENT - -
\ \ EXISTING MHWL
\ \ RIPRAP PROPERTY
\ \ BOUNDARY
\ \
\ \
\\
V \
Coo
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
- 16.3'
16.01
I ( �
� I
I
PROPERTY
BOU
NDARY
'167 SUNSET
EXISTING CONDITIONS
(NAND 88)
L.
AND LIFT
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: 12.2141
APPLICANT OWNED SHORELINE (APPX LF): 149'
EXISTING OVERWATER STRUCTURE (APPX SF): 0
WIDTH OF WATERWAY, MHW TO MHW (APPX): 336't
TIDAL DATUM:
•• MHW (NAVD)= +0.6'
MLW NAVD = -1.0'
DESIGNED: JR
C AY Dino=W BY: RMJ
SECTION-09 TOWNSHIP-52S RANGE-28E
0
0
A 250/6 OF WATERWAY
-
s �
o + 30 60
SCF{Ct 9N�E�7
RIPARIAN
LINE
00
APPROXIMATE
MHWL ELEV 0.6'
82'
' 20' DRAINAGE
_EASEMENT
EXISTING
\ RIPRAP
FIXED DOCK
16'X16'
BOAT 8' 42.6'1Z
LIFT 26'
z
O
U)
30' 50,
O
LO
14'
N
M
MHWL /
PROPERTY
BOUNDARY
� � SITE ADDRESS:
167 SUNSET CAY
NAPLES, FL 34114
V
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
'167 SUNSET CAY
DOCK PLAN -DIMENSIONS
16'X16'
BOAT
LIFT
— RIPARIAN
LINE
(NAND 88)
PROPERTY
BOUNDARY
DOCKS
AND LIFT
ADJACENT
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: 12-21-21
APPLICANT OWNED SHORELINE (APPX LF):
149'
EXISTING OVERWATER STRUCTURE (APPX SF):
0
WIDTH OF WATERWAY, MHW TO MHW (APPX):
336't
TIDAL DATUM:
••
MHW (NAVD)= +0.6'
••
MLW (NAVD)= A,D'
PROPOSED OVERWATER STRUCTURE (APPX SF):
635
TOTAL OVERWATER STRUCTURE (APPX SF):
635
TOTAL PROTRUSION FROM PROPERTY LINE:
55'
DESIGNED:
IJR
1.
RMJ
07-12-22
JR
REVISED
DIMENSION
SECTION- 09
TOWNSHIP- 52S
RANGE- 28 E
0
c
250/6 OF WATERWAY �\
DEPTHS
REFERENCED
TO MLW
RIPARIAN
LINE
x
r -6.0
APPROXIMATE X-5.0
MHWL ELEV 0.6' 1 X-4.0
16'X16'
AT
LIFT
x a.o
X -6.0 X -6.0 X -6.0
X -5.1
X -5.0 X -5.0 X -5.0
X -4.0 X 4.0
X -2.9 X -2.9
X
FIXED DOCK
-5 0
X -4 3
3.0
\ \ 20' DRAINAGE 5.7 .8
• _ _EASEMENT
EXISTING MHWL
\ \ \ RIPRAP PROPERTY
\ \ BOUNDARY
\ \ SITE ADDRESS:
167 SUNSET CAY
NAPLES, FL 34114
Co
\ �\
V \ \
Turrell, Hall &Associates, Inc.
Marine &Environmental Consulting
3584ExchangeAve. Naples, FL34104-3732 DOCK PLAN -DEPTHS
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 IRY NO.5875
7
o � 3a 60
16'X16' scalrE�N�7
BOAT
LIFT RIPARIAN
LINE ADJACENT
x-s.3 IX-7.0 DOCKS
AND LIFT
x -5.0
X-3.0 �.
X -3.2
Y ..� 16.3'
t _ (NAVD 06)
I '
PROPERTY
BOUNDARY
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: 12.21.21
• APPLICANT OWNED SHORELINE (APPX LF): 149'
EXISTING OVERWATER STRUCTURE (APPX SF): 0
WIDTH OF WATERWAY, MHW TO MHW (APPX): 338't
TIDAL DATUM:
•• MHW (NAVD)= +0.6'
•• MLW (NAVD)= -1.0'
PROPOSED OVERWATER STRUCTURE (APPX SF): 635
TOTAL OVERWATER STRUCTURE (APPX SF): 635
TOTAL PROTRUSION FROM PROPERTY LINE: 55,
DESIGNED: JR
CAY CREATEDY 06-06-22
SECTION-09 TOWNSHIP-52S RANGE-28E
FIXED
DOCK
78'
55' PROTRUSION FROM MHWL /PROPERTY LINE
16'
- BOATLIFT
35
Turrell, Hall &Associates, Inc. -� g 7 S U N S E T
Marine &Environmental Consulting
3584 Exchange Ave. Naples, FL 34104-3732 CROSS SECTION
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 RY NO. SB75
o 10 20
MWE 9T! FEE%
FIXED
DOCK
!I
I_
MHW = +0.6' (NAVD 88)
MLW = -1.0' (NAVD 88)
DESIGNED: JR
C AY DREA EDY 06-0
SECTION-09
ALL WOOD PILES TO
BE WRAPPED FROM
12" ABOVE MHWL TO
6" BELOW
SUBSTRATE
TOWNSHIP- 52S
ADDED DECK IN UE
RAN G E- 28 E
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28 :■ / 1
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24' S t�
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C LO LO d O LO N N N I
N N N N M N N N C+7 23' i SCFfCE9NfF'EE7
PROPOSED 17 I .. _
0
FIXED DOCK
LO
NOTE: - - - - - - --
THE DIMENSIONS SHOWN ARE APPROXIMATE
SUNSET CAY AND ARE TAKEN FROM THE AERIAL IMAGE,
•- --
At
PROPERTY
BOUNDARY J
- •
w
T
DESIGNED: JR
Turrell, Hall & Associates, Inc. 1 6 7 S U N S E T CAY DRAWN BY: RMJ 2. - -
CREATED: 06-04-22 3.
Marine &Environmental Consulting -
JOB NO.: 21200.00 4.
' 3584Exchanae Ave. Naples, FL 34104-3732 ADJACENT DOCKS SHEET NO.: 060FID 5.
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3584 Exchange Ave. Naples, FL 34104-3732
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^ _ .NOTE:
THE DIMENSIONS SHOWN ARE APPROXIMATE
AND ARE TAKEN FROM THE AERIAL IMAGE.
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SUNSET CAY CREATEDv 0 -04-22 3.
JOB NO.: 21200.00 4.
ADJACENT DOCKS SOUTH SHEET NO.: 070E10 5. -
SECTION-09 TOWNSHIP-52S RANGE-28E
MHWL /
PROPERTY
BOUNDARY
N
s
0 20 40 ao
S'C71LE �N �EE7
TRANSECTS
(10' APART)
NO SEAGRASSES WERE
OBSERVED GROWING
WITHIN 200 FT OF THE
PROPOSEDPROJECT
1 TYPICAL DIVE THE
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FIXED DOCK
SITE ADDRESS:
e,
PROPERTY � ,} �
BOUNDARY
N
A
0 5.0 foo 200
SC?{CE �N �fE7
�! NOTE:
THE DIMENSIONS SHOWN ARE APPROXIMATE
AND ARE TAKEN FROM THE AERIAL IMAGE.
'U"' 1, Hall & Associates, Ill,, DESIGNED: JR
'I 6 7 SUNSET C AY DRAWN BV: RMJ
Marine &Environmental Consulting CREATE°: °�04-22
JOB g p WIDTH OF WATERWAY MAP SHEU: Y200.00
3584 Exchange e Ave. Naples, FL 34104-3732 SHEET NO.: 09 OF 10
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REVISED DIMENSION
TOWNSHIP-52S RANGE-28E
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DRAWN BY: RMJ
Marine & Environmental Consulting cRBATO °B 04-22
JOB NO.: 21200.00 4.
3584ExchangeAve. Nap]es,FL34104-3732 ADJACENT WATERWAY SHEETNO.: 10OF10
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3.
5.
70WNSHIP-52S RANGE-28E
EXHIBIT "B"
CURVE TABLE
CURVE
I LENGTH
I RADIUS
I DELTA
I CHORD DIRgC1
64.13
50.00
73-29-12-
N78.15'22-WC2
21.02
25.00
48'11TI1'
S65-36-28-E
SCALE 1' = NY
X = DENOTES SPOT ELEVATION
(NAVD'88)
RIPARIAN LINE
I
LINE TABLE
LINE I LENGTH BEARING
Lt 25.591 SB9'42'13'E
WATERWAY
(3W -WIDE)
X-6.0 X-8.0
I
X-8.0
X-8.0 X-8.0
X-8.0
X-8.0
APPROXIMATE
IX'7.0
X-7.0 X-7.0
x-7A
X -7.0
MHW LINE
X-6.1
ELEV 0.6'(USED)
..0
X•80
X•8X-8.0
X-.0
8
x-52
X-5.0
X.5.0
XSA
X4.0
X39
X3.9 X3.9
X4.0
X-7.0 X-0.6
X -6.0
X-6.3
X 4.5 X 4.0
_11 -25
rN89W-----------------
TOE RIP OF RAP '32'20'149.05'(P)
RIPARIAN
LINE
X-7.3
X-8.0 ADJACENT
DOCK & LIFT
(ACCESS FROM
X -5.8
.
X -80 THE WEST)
a
X-2.5
x-20
--
16.3•
1 FIR
ONLY FOR AREA \_
r3IR-
'• Mo 10 x) 20' u E
140.�8
of wPRAP
EI.EV.. 5.83'
__ _
\
CALCULAnoNS
,___ _ _
- _ __ __ __
___�_--
(AS STATED ON PLAT) \
!
(COLLIER COUNTY ACCEPTS
\
!
THIS LINE AS THE MOST RESTRICTIVE •
FOR THE PROTRUSION LIMIT OF THE
PROPOSED
�\ `
\� a� r,
�itL� tl1• �5iv,
LOT 84
DOCK.)
(CONTAINS 0.30 ACRES
I W
(NOTE: THE MEAN HIGH WATER LINE
tJ gym\
\ r'
OF LAND MORE OR LESS)
W
!
-I
!
IN THIS AREA HAS NOT BEEN ESTABLISHED
BY ANY STATE AGENCY.THE
APPROXIMATE
MHW LINE IS SHOWN ALONG
THE EXISTING RIPRAP)
Q
' G G
o
Z
I
!
LOT 83
\
LOT 85
FIR SW
Z.
87.$E LIB ` ` 4
25-SS (M)T -
FIR SW
aou°�sT
L1
MR SIr W
(NO ID 0)FZ Id
1 b I�
81.49' (P & M)
z�N
FP&D
IW(aa98B> Bee°
O
v
-
}
N89.42713"W
J
820.09' (P & M)
c>
CL SUNSET CAY
(TRACT D)
INGRESS AND EGRESS,
&
U.E. EASEMENT
NOTES:
i.THE BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF SUNSETCAY
AS SHOWN IN PUT BOOK 21 PAGE 3
OF COLLIER COUNTY, BEING SOUTH SOD 4Z 13' EAST-
2 IMPROVEMENTS OTHER THANTHOSE SHOWN
ARE NOTA PARTOF THIS SURVEY.
3.SA10 DESCRIBED LAND IS SUBJECTTO ALL SUBDIVISION
REGULATIONS, RESERVATIONS. RESTRICTIONS, ZONING AND
RIGHTS -OF- WAY OF RECORD.
4.DATE OF FIELD SURVEY DECEMBER 16, 2021.
5.THIS SURVEY MAP IS NOT VALID WITHOUT THE SIGNATURE
AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS
OR REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT
OF THE SIGNING PARTY OR PARTIES.
&SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE
NOT EXAMINED AS A PARTOF THIS SURVEY. NO STATEMENT
IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND
OR OVERHEAD CONTAINERS, UTILITIES OR FACILITIES THAT
MAY AFFECT THE USE OR DEVELOPMENT OF THIS PROPERTY.
7ELEVATIONS SHOWN ARE BASED ON NAV.D. DATUM OF 1988.
DESCRIPTION OF BENCHMARK IS AS FOLLOWS: SET BM ON NORI
RIM SSMH IN CUL-DE-SAC ELEV. • B.35'
(HAVD'86 DATUM)
S.THE PURPOSE OF THIS SURVEY IS TO SHOW THE EXISTING
CONDITIONS ALONG THE SHORELINE AND A BATHYMETRIC OF TI,
SUBJECT PROPERTYS PUTTED PROPERTY LINES.
9SUBJECT PROPERTY IS SITUATED IN FLOOD ZONE'AE'
AS INDICATED ON FEMA MAP #
BASE ELEVATION OETERMNED AT
ALL FEMA INFORMATION SHOWN NEEDS TO BE VERIFIED BY THE
USER(S)
OF THIS SURVEY, BEFORE ANY DESIGN ANWOR
CONSTRUCTION.
la:"T R9I9P►I.11
LEGEND
O • FOUND 0 IRON ROD ( SURVEYOR 10 #) (FIR)
QQ • SET 12' IRON ROD (PSM 08004XSIRC)
■ • SET4' X 4' CONCRETE MONUMENT (PSM #8004)(SCM)
El • FOUND CONCRETE MONUMENT (SURVEYOR ED#)(FCM)
8•BENCHMARK(FOUNOORSET) PIAI-RIGHTOFWAY(R.00.)
O • FOUND NAIL OR PK NAIL AND DISC ( SURVEYOR ID 0) (FPKN)
@)•SET PK NAIL AND DISC (PEEVE #0004)(SPKN&D) FO.•FOUND
FN&TT•FOUND NAILANDTIN TAB OM -BENCHMARK
(M)• FIELD MEASUREMENT (C)• CALCULATED MEASUREMENT
P.C.P. • PERMANENT CONTROL POINT (9) C.L.• CENTERLINE
P.RJ4. • PERMANENT REFERENCE MONUMENT (#) (PG) • PAGE
(P) OR (D) • PLAT OR RECORDED(DEED) MEASUREMENT
(PS) • PLAT BOOK PL EXT • PROPERTY LINE EXTENDED
CMP • CORRUGATED METAL PIPE CATV•CABLE TV
FINISHED FLOOR FLOOR U.T.S.• UNITED TELEPHONE RISER
WELL CONIC CONC• CONCRETE CS - CATCH BASIN OR INLET
jd • WATEwGATE VALVE RCP. • REINFORCED CONCRETE PIPE
S • SANITARY SEWER PROP PROPERTY X• SPOT ELEVATION
B • TOP OF BANK TOS • TOP OF SLOPE EOW EDGE OF WATER
BOS • BOTTOM OF BANK SOS • BOTTOM OF SLOPE EO • EDGE OF
CBS -CONCRETE BLOCK & STUCCO VG • VALLEY GUTTER
ELEC. •ELECTRIC TRANS -TRANSFORMER JAC •JACUZZI
DE • DRAINAGE EASEMENT SWE • SIDEWALK EASEMENT
LEE • LANDSCAPE BUFFER EASEMENT IE • IRRIG. EASEMENT
PUE • PUBLIC UTILITY EASEMENT UE • UTILITY EASEMENT
LMA(E)• LAKE MAINTENANCE ACCESS EASEMENT
LME • LAKE MAINTENANCE EASEMENT A,E.• ACCESS EASEMENT
MHWIMLW. APPROXIMATE MEAN HICHLOW WATER
MAP OF
3FIC PURPOSE SURVEY
LOT 84
OF
PORT OF THE ISLANDS
(THE LAYS) PHASE it
AS RECORDED IN
PLAT BOOK 21 PAGE(S)1-4
OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
167 SUNSET CAY
CERTIFY TO:
TURRELL, HALL & ASSOCITES
CERTIFICATION:
I CERTIFY THATTHIS SURVEY WAS MADE UNDER MY
DIRECTION AND THAT IT MEETS THE STANDARDS OF
PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER SJ-17,
FLORIDAADM(NISTRATIVE CODE. PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
NOTA CERTIFICATION OF TITLE, ZONING, EASEMENTS OR
FREEDOM OF ENCUMBRANCES
Digitally signed by
Court Gregory
DN:cn=Court Gregory,
o•Court Gregory
.- - Surveying Inc ou,
-11=c9s60040coma
st.net L US
Date: 2021.12.21
13:55:10 -05'00'
SIGNED
COURT H. GREGORY PSM 46004
DATE 12/21/2021
DATE OF FIELD SURVEY 12-16-2021
PSM # 6004
LB # 7112
Co.C.S■
Gregory Surveying,
761 Teton Court
Naples, Florida 34104
(239)643-7845 office Date 12212021
cgs6OO4@comcast.net Job # PI0118M
(239)272.3707 cell Fb MI-44 Pg 58