Agenda 09/12/2023 Item #17D (Resolution - Settlement of the appeal of HEX Decision 2023-08)09/12/2023
EXECUTIVE SUMMARY
Recommendation to approve by Resolution a settlement of the appeal of Hearing Examiner Decision 2023 -
08 resulting in the approval of a boat dock extension of 35-feet over the maximum protrusion of 20-feet
allowed by the Land Development Code for a total protrusion of 55 feet into a 338± foot wide waterway for
property located at 167 Sunset Cay Naples, FL 34114 in the Port of the Islands [PL20230006867].
_____________________________________________________________________________________
OBJECTIVE: That the Board of County Commissioners, sitting as the Board of Zoning Appeals, approve a
settlement of the appeal of the March 13, 2023, decision of the Hearing Examiner (HEX) regarding a boat dock
extension of 35-feet for property located at 167 Sunset Cay Naples, FL 34114 in the Port of the Islands.
.
CONSIDERATIONS: On February 9, 2023, Collier County Hearing Examiner, Andrew Dickman, heard a
petition for a boat dock extension of 35-feet for a total protrusion of 55-feet on a property with a single-family
residence located within the Port of the Islands, specifically 167 Sunset Cay, and on March 10, 2023, issued HEX
Decision 2023-08, Attachment A, which denied the extension request. Staff recommended approval of the
petition in the Staff Report, Attachment B. No objections were received from the property owners abutting the
subject property immediately to the east and immediately to the west.
The County's Land Development Code Section 5.03.06.H. lists the criteria for dock facility extensions. The HEX
may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four of
the five primary criteria and at least four of the six secondary criteria have been met.
HEX Decision 2023-08 determined that only three of the five primary criteria were satisfied, and as noted, four of
the five primary criteria must be satisfied to gain approval. The two criteria found not to be satisfied are provided
below in bold, followed by the narrative determination of the HEX provided (italicized).
Criteria Two - Whether the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as described in the petitioner’s application cannot 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.)
HEX FINDING:
The record evidence and testimony from the public hearing reflect that the criterion HAS NOT
BEEN MET. Petitioner argues that the boat dock extension is necessary to accommodate the
owner's 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 (NAVD 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.
Criteria Five - 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 using legally permitted
neighboring docks.)
HEX FINDING:
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
17.D
Packet Pg. 1383
09/12/2023
location could negatively impact the ability of the neighboring property to the east from accessing
the westernmost slip of their dock from the west.
In the HEX’s discussion of his Primary Criteria Five findings, the HEX recognizes that the d ock facility would not
interfere with the neighboring dock to the east if the dock were situated further west along the subject shoreline.
The full transcript is provided in Attachment C.
After the appeal was filed, Staff and the applicant agreed to a revised Boat Plan that moves the boat dock facility
five feet to the west, as shown on the revised Dock Plan, Attachment D. The settlement is consistent with the HEX
decision.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The revised Dock Plan that moves the dock facility five feet to the west is
consistent with the Hearing Examiner’s finding on Criterion five of the Primary Criteria in the HEX Decision. This
item is approved as to form and legality and requires a majority vote for Board approval. (HFAC)
RECOMMENDATION: To have the Board of County Commissioners, sitting as the Board of Zoning Appeals,
approve by Resolution the settlement that moves the dock facility five feet to the west along the shoreline and
thereby approve the 35-foot boat dock extension over the maximum 20-foot extension allowed by the LDC, for a
total protrusion of 55-feet as shown on the revised Dock Plan, Attachment C.
Prepared by: Mike Bosi, Zoning Director, Growth Management Community Development
ATTACHMENT(S)
1. Exhibit-A-HEX Final Decision 2023-08 (PDF)
2. Exhibit-B-Staff Report-HEX-2-9-23 (PDF)
3. Exhibit-C-HEX Transcript 2-9-23 Hutchins BDE (PDF)
4. Exhibit D-Revised Dock Plan (PDF)
5. Proposed Resolution (PDF)
6. Appeal Application - Type III - Prepared (PDF)
7. Appeal Narrative - Prepared (PDF)
8. legal ad - agenda ID 26293 (PDF)
17.D
Packet Pg. 1384
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 26293
Item Summary: Recommendation to approve by Resolution a settlement of the appeal of HEX Decision 2023-08
resulting in the approval of a boat dock extension of 35-feet over the maximum protrusion of 20-feet allowed by the
Land Development Code for a total protrusion of 55-feet into a 338± foot wide waterway for property located at
167 Sunset Cay Naples, FL 34114 in the Port of the Islands [PL20230006867].
Meeting Date: 09/12/2023
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
08/08/2023 2:35 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
08/08/2023 2:35 PM
Approved By:
Review:
Zoning Mike Bosi Additional Reviewer Skipped 08/08/2023 2:35 PM
Zoning Mike Bosi Division Director Completed 08/08/2023 2:36 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/08/2023 6:47 PM
Growth Management Community Development Department James C French Growth Management Completed
08/23/2023 1:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2023 2:51 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/24/2023 10:37 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2023 10:44 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2023 4:14 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2023 2:09 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
17.D
Packet Pg. 1385
HEX 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
17.D.a
Packet Pg. 1386 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1387 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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 eastfrom accessing the westernmost slip of their dockfrom 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 platfor 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
17.D.a
Packet Pg. 1388 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1389 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1390 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1391 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
EXHIBIT "A"
17.D.a
Packet Pg. 1392 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
STATE O 1= I= LOIZ I E:)A
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ISLAND
SUBJECT
PROPERTY GULF OF MEXICO
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APL S
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CITY KEY WEST
yy pCOLLIERCOUNTYTer/
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'yyTulle , 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
17.D.a
Packet Pg. 1393 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1394 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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'
NM
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
17.D.a
Packet Pg. 1395 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
17.D.a
Packet Pg. 1396 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
FIXED
DOCK
78'
55' PROTRUSION FROM MHWL /PROPERTY LINE
16'
BOATLIFT
35
Turrell, Hall &Associates, Inc. - g 7 S U N S E TMarine &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
17.D.a
Packet Pg. 1397 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
J -- /
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THE DIMENSIONS SHOWN ARE APPROXIMATE
SUNSET CAY AND ARE TAKEN FROM THE AERIAL IMAGE,
At
PROPERTY
BOUNDARY
J
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DESIGNED: JRTurrell, 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.
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 BY NO,5875 TMF=Oa,WN,,ARFF^AOFRM N•=Iao^Fg MA.n.AFNnTWTFRnFnFnA=nW i=mNL19F SECTION-09 TOWNSHIP-52S RANGE-28E
17.D.a
Packet Pg. 1398 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
00
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P OPERTY
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Marine &Environmental Consulting
3584 Exchange Ave. Naples, FL 34104-3732
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 RV Nn- gas
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
17.D.a
Packet Pg. 1399 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
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
Turrell, Hall &Associates, 111V. 7 6 7 SUNSET CAY CREATEDV OM6-04.22 3. _ Marine &Environmental Consulting
g p SUBMERGED RESOURCE SURVEY
JOBNO.: 08OF10 4. _
3584 Exchan e Ave. Naples, FL 34104-3732 SHEET NO.: OB OF 10 B.
Email: tuna@thanaples.com Phone: (239) 64M166 Fax: (239) 643-6632 RV NO.5875 SECTION-09 TOWNSHIP- 525 RANGE- 28 E
17.D.a
Packet Pg. 1400 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
r
M
MM
PROPOSED
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 Exchangee Ave. Naples, FL 34104-3732 SHEET NO.: 09 OF 10
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 R,,Nn SA79THFvFVRAWNDDAREFnRPFa=NCPIRonq.q ONLY AND ARF Nn„N=FNDFDFOR C w,, ,m v„qF SECTION-09 REVISED
DIMENSION TOWNSHIP-
52S RANGE-28E
17.D.a
Packet Pg. 1401 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
n 0
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WILDERNESS CAY -
TU""', Hall & Associates, Inc. 1 6 7 SUNS E T CAY
DESIGNED: JR
DRAWN BY: RMJ
Marine & Environmental Consulting cRBATO °B 04-22
JOB NO.: 21200.00 4.
3584ExchangeAve. Nap]es,FL34104-3732 ADJACENT WATERWAY SHEETNO.: 10OF10
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 Mn ta,t F ARE MR FRM,,,,„ A N,Y,NnARE NO„NTFNFFDF-AC M,R,., N,,,E SECTION-09 3. 5.
70WNSHIP-
52S
RANGE-28E
17.D.a
Packet Pg. 1402 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
EXHIBIT "B"
17.D.a
Packet Pg. 1403 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
CURVE TABLE
CURVE I LENGTH I RADIUS I DELTA I CHORD DIRgC164.13 50.00 73-29-12- N78.15'22-WC221.02 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
IX-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)
0X•80 X•8X-8.0 X-.0 8x-
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 OFRAP '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 wPRAPEI.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 LANDMORE
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 LOT83
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° Ov 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
17.D.a
Packet Pg. 1404 Attachment: Exhibit-A-HEX Final Decision 2023-08 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 1 of 7
December 20, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: JANUARY 12, 2023
SUBJECT: BDE-PL20220002146, 167 SUNSET CAY – HUTCHINS DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Robert Brauch and Judith Ann Hutchins Jeff Rogers
9264 Shadow Oak Ln. Turrell, Hall & Associates, Inc.
Naples, FL 34120 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests 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, pursuant to LDC Section
5.03.06.
GEOGRAPHIC LOCATION:
The subject property is located at 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.
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Single-Family-4 (RSF-4) Zoning District, comprises 0.35
acres with 149± feet of water frontage, and supports a new one-story single-family dwelling. It is
the desire of the petitioner 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 finger
pier with a slip on each side and a 14-foot by 14-foot platform for the storage of recreational
equipment (kayaks and paddleboards). Each slip will have a boatlift, the eastern to accommodate
a 50-foot vessel and the western for a 30-foot vessel. The required 15-foot side/riparian setbacks
for boat docks on lots with 60 feet or greater of water frontage will be satisfied on both sides.
17.D.b
Packet Pg. 1405 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 2 of 7
December 20, 2022 17.D.bPacket Pg. 1406Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 3 of 7
December 20, 2022
SURROUNDING LAND USE & ZONING:
North: Faka Union Canal (waterway) then improved multi-family development;
Residential Multi-Family-16 (RMF-16) District
East: Single-family dwelling; Residential-Single-Family-4 (RSF-4) Zoning District
South: Sunset Cay (Right-of-Way) then a single-family dwelling; Residential-Single-
Family-4 (RSF-4) Zoning District
West: Single-family dwelling; Residential-Single-Family-4 (RSF-4) Zoning District
Aerial – Collier County GIS
17.D.b
Packet Pg. 1407 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 4 of 7
December 20, 2022
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The proposed docking facilities will be constructed waterward of the existing riprap
shoreline. The shoreline does not contain native vegetation. A submerged resources survey
provided by the applicant found no submerged resources in the area 200 feet beyond the proposed
docking facility. The site plan Exhibit sheet 8 of 10 provides an aerial with a note stating that no
seagrasses were observed within 200 feet.
This project does not require an Environmental Advisory Council (EAC) review, because this
project did not meet the EAC scope of land development project reviews as identified in Chapter
2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is located within an RSF-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.)
Criteria met. The applicant’s agent states: “The boat dock extension is necessary to
accommodate the owners’ vessels and due to rip-rap shoreline the proposed dock cannot
come any closer to the shoreline. A more shore parallel dock design would not work due
to the rip-rap and would then also require the vessels to cross over into the adjacent property
owners’ riparian area. The reason for this BDE request was due to both shallow water
17.D.b
Packet Pg. 1408 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 5 of 7
December 20, 2022
depths along the shoreline as well as the vessel size.” As based upon the provided cross-
section and provided Special Purpose Survey depicting water levels, staff concurs.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. 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.)
Criterion met. The approximate waterway width is 338 feet. The proposed dock
protrusion 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.)
Criterion not met. The applicant contends this criterion has been satisfied; however, staff
disagrees. The applicant’s agent states: “The proposed docking facility is consistent with
the outlined designed criteria within the Collier County Manatee Protection Plan for single-
family docks with shorelines greater than 100 feet. The proposed dock design is also
consistent with other previously approved adjacent docks within the subject waterway as
well 156 Venus Cay and 159 Windward Cay. As proposed with a finger dock design and
the two slips being perpendicular to the shoreline the dock will be within the allowed
buildable area by providing the required setbacks and therefore the views into the subject
waterway by the adjacent property owners will not be impacted nor their access to their
docks.” Zoning Staff did question the shore perpendicular design of the dock as well as its
placement. In response, the applicant’s agent provided and evaluated three additional
designs, two being shore parallel and the third at a 45-degree angle to the shore. The
applicant’s agent asserts the shore perpendicular design is preferable as it avoids crossing
over the riparian lines of others, minimizes the over-water square footage, and is within the
25 percent of waterway limitation. Staff would be more favorable to the alternative designs
and even their preferred design if situated further west along the subject shoreline;
however, as proposed, staff finds the proposed 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.
17.D.b
Packet Pg. 1409 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 6 of 7
December 20, 2022
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include the type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
Criterion met. The applicant’s agent states: “The subject property shoreline consists of a
natural riprap shoreline along the entire 149 linear feet. Due to the riprap, the proposed
dock design has the larger boatlift and the associated vessel as close to the base of the riprap
as possible to prevent the vessel from potentially striking the riprap (rocks) and minimizing
the overall protrusion as much as possible with a perpendicular dock layout. Additionally,
the property line is landward of the mean high-water line therefore the overall protrusion
measurement is taken from a point on the property that is not over water. Due to these
existing on-site conditions as well as avoiding ingress/egressing the dock/slip over the
adjacent property owners’ riparian area the best dock layout is being proposed.
Additionally, the width of waterway and the fact the entire waterway is open for navigation
allows for a dock to protrude out which is consistent with ours previously approved within
the subject canals.” Zoning Staff offers that 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.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. The applicant’s agent states: “The proposed docking facility design will
provide sufficient deck area to allow for access to both boatlifts [SIC] and the associated
vessels. There is also sufficient deck area for routine maintenance, safe access as well as
recreational activities like fishing plus storage of kayaks or paddleboards. The total over-
water square footage is 635 square feet. The adjacent docking facility and numerous others
as shown on the BDE exhibits and other associated documents/images indicate that those
docks have considerable amount [SIC] decking compared to the proposed dock.
Additionally, as a note based on the code, the applicant could construct a dock that
stretched across the entire property from setback to setback being approximately 119 feet
long [SIC] 20 feet out from the platted property. In my opinion, a design like that would
result in a significant [SIC] amount of more decking area compared to what is being
proposed. This would be more impactful to the environment by creating a much larger
shaded area of bottomlands and provide area that would be excessive compared to what is
being proposed.”
17.D.b
Packet Pg. 1410 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 7 of 7
December 20, 2022
Zoning staff is of the opinion that, 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.)
Criterion not 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.)
Criterion met. The applicant’s agent states: “As proposed the dock has been designed
within the designated setbacks and is consistent with other previously approve [SIC] BDE
boat docks being perpendicular to the shoreline in order [SIC] remain within the riparian
area. The adjacent property to our east has a docking facility that is parallel to the shoreline
but within the required side yard setback. There are no impacts to either adjacent property
owner as their view is within their riparian lines extending from the shoreline out to the
middle of the subject waterway.”
To evaluate this criterion, Zoning staff must be mindful that both the applicant and their
neighbors have rights that must be applied equally and fairly. It is staff’s understanding
that a waterfront property owner has the right to an unobscured view within their own
riparian area; however, rights to a view outside of said riparian area are limited to the extent
that a neighbor should not have their rights to full use of their waterfront property (to
include docks) infringed upon. In this case, the applicant has substantially exceeded side
setback requirements on both sides of the proposed facility and there is no impact on the
views of neighboring properties within their respective riparian areas.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
Criterion met. There are no seagrass beds present on the property nor the neighboring
properties within 200 feet of the existing dock structure.
17.D.b
Packet Pg. 1411 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
BDE-PL20220002146 – 167 Sunset Cay Page 8 of 7
December 20, 2022
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion met. The applicant’s agent states, in part: “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 requirement for commercially
zoned properties. Based on this 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.”
Staff notes the subject property is located within Port of the Islands for which the MPP is
applicable and concurs with the applicant’s findings.
Staff analysis finds this request complies with four of the five primary criteria and five of the six
secondary criteria. As of the time this staff report was drafted, no public objections or other
correspondence had been received.
CONCURRENT LAND USE APPLICATIONS:
There are no known concurrent land use petitions.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of
the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of
Collier County within 30 days of the decision. In the event that the petition has been approved by
the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at
his/her own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition
BDE-PL20220002146 in accordance with the Proposed Dock Plans provided within Attachment
A.
Attachments:
A. Proposed Dock Plans
B. Map of Boundary Survey
C. Port of the Islands (The Cays) Phase II Plat, PB 21, PG 1-4
D. Public Hearing Sign Posting
E. Applicant’s Backup; Application and Supporting Documents
17.D.b
Packet Pg. 1412 Attachment: Exhibit-B-Staff Report-HEX-2-9-23 (26293 : 167 Sunset Cay Boat Dock Appeal)
17.D.c
Packet Pg. 1413 Attachment: Exhibit-C-HEX Transcript 2-9-23 Hutchins BDE (26293 : 167 Sunset Cay Boat Dock Appeal)
17.D.c
Packet Pg. 1414 Attachment: Exhibit-C-HEX Transcript 2-9-23 Hutchins BDE (26293 : 167 Sunset Cay Boat Dock Appeal)
17.D.c
Packet Pg. 1415 Attachment: Exhibit-C-HEX Transcript 2-9-23 Hutchins BDE (26293 : 167 Sunset Cay Boat Dock Appeal)